Title 43 USCTitle 43 Online@118-34not31 no OLRC 2023-12-19T11:31:01 USCConverter 1.7.2  Title 43 PUBLIC LANDS Current through 118-34not31    Chap. Sec.  1. Bureau of Land Management 1  2. United States Geological Survey 31  3. Surveys 51  4. District Land Offices 70  5 Land Districts 121  6. Withdrawal From Settlement, Location, Sale, or Entry 141  7. Homesteads 161  8. Timber and Stone Lands [Repealed] 311  8A. Grazing Lands 315  9. Desert-Land Entries 321  10. Underground-Water Reclamation Grants [Repealed] 351  11. Discovery, Development, and Marking of Water Holes, etc., by Government 361  11A. Board on Geographic Names 364  12. Reclamation and Irrigation of Lands by Federal Government 371  12A. Boulder Canyon Project 617  12B. Colorado River Storage Project 620  13. Federal Lands Included in State Irrigation Districts 621  14. Grants of Desert Lands to States for Reclamation 641  15. Appropriation of Waters; Reservoir Sites 661  16. Sale and Disposal of Public Lands 671  17. Reservation and Sale of Town Sites on Public Lands 711  18. Survey of Public Lands 751  19. Bounty Lands [Repealed] 781  20. Reservations and Grants to States for Public Purposes 851  21. Grants in Aid of Railroads and Wagon Roads 881  21A. Forfeiture of Northern Pacific Railroad Indemnity Land Grants [Omitted] 921  22. Rights-of-way and Other Easements in Public Lands 931  23. Grants of Swamp and Overflowed Lands 981  24. Drainage Under State Laws [Repealed] 1021  25. Unlawful Inclosures or Occupancy; Obstructing Settlement or Transit 1061  25A. Lands Held Under Color of Title 1068  26. Abandoned Military Reservations [Repealed] 1071  27. Public Lands in Oklahoma 1091  28. Miscellaneous Provisions Relating to Public Lands [Repealed, Transferred, or Omitted] 1151  29. Submerged Lands 1301  30. Administration of Public Lands 1361  31. Department of the Interior 1451  32. Colorado River Basin Project 1501  32A. Colorado River Basin Salinity Control 1571  32B. Colorado River Floodway 1600  33. Alaska Native Claims Settlement 1601  33A. Implementation of Alaska Native Claims Settlement and Alaska Statehood 1631  34. Trans-Alaska Pipeline 1651  35. Federal Land Policy and Management 1701  36. Outer Continental Shelf Resource Management 1801  37. Public Rangelands Improvement 1901  38. Crude Oil Transportation Systems 2001  39. Abandoned Shipwrecks 2101  40. Reclamation States Emergency Drought Relief 2201  41. Federal Land Transaction Facilitation 2301  42. Rural Water Supply 2401  43. Suspended Entries and Claims; Patents 2501  44. Oregon and California Railroad and Coos Bay Wagon Road Grant Lands 2601  45. State Control of Noxious Plants on Federal Lands 2701  46. Geospatial Data 2801  47. Reclamation Title Transfer 2901  49. National Landslide Preparedness 3101  50. Western Water Infrastructure 3201        Disposition Table   (Showing disposition of sections of former chapter 28 of Title 43)   Former Classification  New Classification or Disposition  43:1161 43:2501 43:1162 43:2502 43:1163 43:2503 43:1164 43:2504 43:1165 43:2505 43:1166 43:2506 43:1167 43:2507 43:1167 note ( Mar. 9, 1904, ch. 503,  2 33 Stat. 64 43:2507 note 43:1181 Omitted 43:1181a 43:2601 43:1181a note ( Aug. 28, 1937, ch. 876 50 Stat. 876 43:2601 note 43:1181b 43:2602 43:1181d 43:2603 43:1181e 43:2604 43:1181f 43:2605 43:1181f1 43:2621 43:1181f1 note ( May 24, 1939, ch. 144,  5 53 Stat. 754 43:2621 note 43:1181f2 43:2622 43:1181f3 43:2623 43:1181f4 43:2624 43:1181g 43:2631 43:1181h 43:2632 43:1181i 43:2633 43:1181j 43:2634 43:1195 25:424 43:1196 25:425 43:1197 25:426 43:1198 Omitted 43:1199 Omitted 43:1200 Omitted 43:1200a Omitted 43:1200b Omitted 43:1200c Omitted 43:1200d Omitted 43:1200e Omitted 43:1201 43:1457c 43:1211 43:1476 43:1212 43:1476a 43:1212 note ( June 3, 1948, ch. 392,  3 62 Stat. 301 43:1476a note 43:1221 Omitted 43:1222 Omitted 43:1223 Omitted 43:1241 43:2701 43:1242 43:2702 43:1243 43:2703 CHAPTER 1 BUREAU OF LAND MANAGEMENT    Sec.  1. Repealed.  2. Duties concerning public lands.  3 5. Repealed or Omitted.  6. Duties of employees to certify, record, etc., patents.  7 10. Repealed or Omitted.  11. Restriction on officers, clerks, and employees.  12. Seal, books, and records.  13. Original papers on file as evidence.  14. Returns relative to lands.  15. Issuance and signing of patents by Secretary of the Interior; delegation of authority; notice.  16. Engrossing and recording patents.  17. Plats of land surveyed.  18. Copies of papers filed.  19 25b. Repealed.  1. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632   Section, R.S.  446; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 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 64 Stat. 1262 section 1451 of this title For transfer of records, property, personnel, and funds, see sections 1001 to 1003 of Reorg. Plan No. 3 of 1946, eff. July 16, 1946 60 Stat. 1097 Bureau of Land Management Created Reorg. Plan No. 3 of 1946,  403, eff. July 16, 1946 60 Stat. 1100 (a) The functions of the General Land Office and of the Grazing Service in the Department of the Interior are hereby consolidated to form a new agency in the Department of the Interior to be known as the Bureau of Land Management. The functions of the other agencies named in subsection (d) of this section are hereby transferred to the Secretary of the Interior. (b) There shall be at the head of such Bureau a Director of the Bureau of Land Management, who shall be appointed by the Secretary of the Interior under the classified civil service, who shall receive a salary at the rate of $10,000 per annum, and who shall perform such duties as the Secretary of the Interior shall designate. (c) There shall be in the Bureau of Land Management an Associate Director of the Bureau of Land Management and so many Assistant Directors of the Bureau of Land Management as may be necessary, who shall be appointed by the Secretary of the Interior under the classified civil service and subject to the Classification Act of 1923, as amended, and who shall perform such duties as the Secretary of the Interior may prescribe. (d) The General Land Office, the Grazing Service, the offices of Commissioner of the General Land Office, Assistant Commissioner of the General Land Office, Director of the Grazing Service, all Assistant Directors of the Grazing Service, all registers of the district land offices, and United States Supervisor of Surveys, together with the Field Surveying Service now known as the Cadastral Engineering Service, are hereby abolished. (e) The Bureau of Land Management and its functions shall be administered subject to the direction and control of the Secretary of the Interior, and the functions transferred to the Secretary by subsection (a) of this section shall be performed by the Secretary or, subject to his direction and control, by such officers and agencies of the Department of the Interior as he may designate.  2. Duties concerning public lands  The Secretary of the Interior or such officer as he may designate shall perform all executive duties appertaining to the surveying and sale of the public lands of the United States, or in anywise respecting such public lands, and, also, such as relate to private claims of land, and the issuing of patents for all grants of land under the authority of the Government. (R.S.  453; Feb. 18, 1875, ch. 80,  1 18 Stat. 317 July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  453 derived from acts Apr. 25, 1812, ch. 68,  1 2 Stat. 716 July 4, 1836, ch. 352,  1 5 Stat. 107 June 6, 1874, ch. 223 18 Stat. 62 Feb. 18, 1875, ch. 80,  1 18 Stat. 317 Statutory Notes and Related Subsidiaries Bureau of Land Management Drug Enforcement Supplemental Authority Pub. L. 99570, title V Pub. L. 100690, title VII,  6254(d)(3) Nov. 18, 1988 102 Stat. 4365  SEC. 5061. SHORT TITLE. This subtitle may be cited as the Bureau of Land Management Drug Enforcement Supplemental Authority Act. SEC. 5062. BUREAU OF LAND MANAGEMENT AUTHORIZATION. In order to improve Federal law enforcement activities relating to the use and production of narcotics and controlled substances on Bureau of Land Management public lands, from amounts appropriated there are made available to the Secretary of the Interior, in addition to sums made available under other authority of law, $1,500,000 for fiscal year 1989, and for each fiscal year thereafter, to be used for the employment and training of additional and existing personnel, for equipment and facilities to be used by such personnel, and for expenses related to such employment, training, equipment, and facilities. 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 64 Stat. 1262 section 1451 of this title The Secretary of the Interior or such officer as he may designate shall perform substituted for The Commissioner of the General Land Office shall perform, under the direction of the Secretary of the Interior, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  3. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632   Section, acts July 11, 1890, ch. 667,  1 26 Stat. 257 June 17, 1910, ch. 297 36 Stat. 512 July 16, 1946 60 Stat. 1100 section 1 of this title  3a. Omitted  Editorial Notes Codification Section, act June 5, 1942, ch. 336,  1 56 Stat. 312 July 16, 1946 60 Stat. 1100 section 1 of this title section 2a of Title 25  4, 5. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632   Section 4, act May 22, 1908, ch. 186 35 Stat. 225 July 16, 1946 60 Stat. 1100 section 1 of this title  Section 5, R.S.  447, provided for a recorder of the former General Land Office.  6. Duties of employees to certify, record, etc., patents  It shall be the duty of such officers or employees of the Bureau of Land Management as may be designated by the Secretary of the Interior, in pursuance of instructions from the Secretary of the Interior or such officer as he may designate, to certify and affix the seal of the office to all patents for public lands, and to attend to the correct engrossing, recording, and transmission of such patents. They shall prepare alphabetical indexes of the names of patentees, and of persons entitled to patents; and shall prepare such copies and exemplifications of matters on file or recorded in the Bureau of Land Management as the Secretary or such officer may from time to time direct. (R.S.  459; 1940 Reorg. Plan No. III,  4, eff. June 30, 1940 54 Stat. 1232 July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  459 derived from acts Apr. 25, 1812, ch. 68,  8 2 Stat. 717 July 4, 1836, ch. 352,  4 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 64 Stat. 1262 section 1451 of this title Bureau of Land Management substituted for General Land Office and references to the Commissioner were changed to Secretary of the Interior or such officer as he may designate on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title Office of Recorder of General Land Office abolished and functions of recorder directed to be exercised under direction and supervision of Secretary of the Interior, through such officers or employees of General Land Office as he may designate, on authority of section 4 of Reorg. Plan No. III of 1940, set out in the Appendix to Title 5, Government Organization and Employees. See also sections 8 and 9 of Reorg. Plan No. III of 1940 for provisions relating to transfer of records, property, personnel, and funds.  7. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632   Section, act May 22, 1908, ch. 186 35 Stat. 225 June 30, 1940 54 Stat. 1232  8. Omitted  Editorial Notes Codification Section, act June 29, 1948, ch. 754 62 Stat. 1114 A prior section 8, R.S.  450; acts June 19, 1878, ch. 329 20 Stat. 183 May 24, 1922, ch. 199 42 Stat. 552 Jan. 24, 1923, ch. 42 42 Stat. 1174 June 5, 1924, ch. 264 43 Stat. 391 Mar. 3, 1925, ch. 462 43 Stat. 1142 May 10, 1926, ch. 277 44 Stat. 456 Jan. 12, 1927, ch. 27 44 Stat. 937 Mar. 7, 1928, ch. 137 45 Stat. 202 Mar. 4, 1929, ch. 705 45 Stat. 1564 May 14, 1930, ch. 273 46 Stat. 281 Feb. 14, 1931, ch. 187 46 Stat. 1117 Apr. 22, 1932, ch. 125 47 Stat. 92 Feb. 17, 1933, ch. 98 47 Stat. 822 Mar. 2, 1934, ch. 38 48 Stat. 364 May 9, 1935, ch. 101 49 Stat. 180 June 22, 1936, ch. 691 49 Stat. 1761 Aug. 9, 1937, ch. 570 50 Stat. 568 May 9, 1938, ch. 187 52 Stat. 295 May 10, 1939, ch. 119 53 Stat. 691 June 18, 1940, ch. 395 54 Stat. 411 June 28, 1941, ch. 259 55 Stat. 309 July 2, 1942, ch. 473 56 Stat. 511 July 12, 1943, ch. 219 57 Stat. 455 June 28, 1944, ch. 298 58 Stat. 468 July 3, 1945, ch. 262 59 Stat. 322 July 1, 1946, ch. 529 60 Stat. 352 July 16, 1946 60 Stat. 1100 July 25, 1947, ch. 337 61 Stat. 460 act June 17, 1948, ch. 496,  2(a) 62 Stat. 476  9. Repealed. June 17, 1948, ch. 496,  2(b) 62 Stat. 476   Section, R.S.  451; act June 19, 1878, ch. 329 20 Stat. 183 section 15 of this title  10. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632   Section, acts May 24, 1922, ch. 199 42 Stat. 555 Jan. 24, 1923, ch. 42 42 Stat. 1177  11. Restriction on officers, clerks, and employees  The officers, clerks, and employees in the Bureau of Land Management are prohibited from directly or indirectly purchasing or becoming interested in the purchase of any of the public land; and any person who violates this section shall forthwith be removed from his office. (R.S.  452; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  452 derived from acts Apr. 25, 1812, ch. 68,  10 2 Stat. 717 July 4, 1836, ch. 352,  14 5 Stat. 112 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 64 Stat. 1262 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  12. Seal, books, and records  The Secretary of the Interior or such officer as he may designate shall retain the charge of the seal adopted for the Bureau of Land Management which may continue to be used, and of the records, books, papers, and other property appertaining to the Bureau of Land Management. (R.S.  454; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  454 derived from act Apr. 25, 1812, ch. 68 2 Stat. 717 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 64 Stat. 1262 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  13. Original papers on file as evidence  Whenever the officer, as the Secretary of the Interior may designate, of any United States land office shall be served with a subpoena duces tecum or other valid legal process requiring him to produce, in any United States court or in any court of record of any State, the original application for entry of public lands or the final proof of residence and cultivation or any other original papers on file in the Bureau of Land Management of the United States on which a patent to land has been issued or which furnish the basis for such patent, it shall be the duty of such officer to at once notify the Secretary of the Interior, or such officer as he may designate, of the service of such process, specifying the particular papers he is required to produce, and upon receipt of such notice from any such officer of a United States land office the Secretary or such officer designated by him shall at once transmit to the officer of such land office the original papers specified in such notice, and which such officer is required to produce, and to attach to such papers a certificate, under seal of his office, properly authenticating them as the original papers upon which patent was issued; and such papers so authenticated shall be received in evidence in all courts of the United States and in the several State courts of the States of the Union: Provided ( Apr. 19, 1904, ch. 1398 33 Stat. 186 July 16, 1946 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 64 Stat. 1262 section 1451 of this title References to Commissioner of General Land Office and registers of United States Land Offices changed to Secretary of the Interior or such officer as he may designate and Bureau of Land Management substituted for General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  14. Returns relative to lands  All returns relative to the public lands shall be made to the Secretary of the Interior or such officer as he may designate. (R.S.  456; July 31, 1894, ch. 174,  7 28 Stat. 207 July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  456 derived from act Apr. 25, 1812, ch. 68,  9 2 Stat. 717 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 64 Stat. 1262 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  15. Issuance and signing of patents by Secretary of the Interior; delegation of authority; notice  All patents for public lands shall be issued and signed by the Secretary of the Interior in the name of the United States: Provided ( June 17, 1948, ch. 496,  1 62 Stat. 476  Editorial Notes Prior Provisions A prior section 15, R.S.  458; 1940 Reorg. Plan No. III,  4 eff. June 30, 1940 54 Stat. 1232 July 16, 1946 60 Stat. 1100 June 17, 1948 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 64 Stat. 1262 section 1451 of this title  16. Engrossing and recording patents  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  17. Plats of land surveyed  The Secretary of the Interior or such officer as he may designate shall, when required by the President or either House of Congress, make a plat of any land surveyed under the authority of the United States, and give such information respecting the public lands and concerning the business of the Bureau of Land Management as shall be directed. (R.S.  455; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  455 derived from act Apr. 25, 1812, ch. 68,  6 2 Stat. 717 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 64 Stat. 1262 section 1451 of this title Secretary of the Interior or such officer as he may designate substituted for Commissioner of the General Land Office and Bureau of Land Management for his office on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  18. Copies of papers filed  Whenever any person claiming to be interested in or entitled to land, under any grant or patent from the United States, applies to the Department of the Interior for copies of papers filed and remaining therein, in anywise affecting the title to such land, it shall be the duty of the Secretary of the Interior to cause such copies to be made out and authenticated, under his hand and the seal of the Bureau of Land Management, for the person so applying. (R.S.  460; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  460 derived from acts Jan. 23, 1823, ch. 6 3 Stat. 721 July 4, 1836, ch. 352,  7 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 64 Stat. 1262 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  19 to 21. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section 19, R.S.  2469, related to certified copies of records of the General Land Office.  Section 20, R.S.  2470, related to exemplification of the records of the General Land Office as evidence.  Section 21, R.S.  461; acts Apr. 2, 1888, ch. 54 25 Stat. 76 Oct. 12, 1888, ch. 1098 25 Stat. 557 May 29, 1908, ch. 220,  15 35 Stat. 469 June 5, 1920, ch. 235,  1 41 Stat. 908  For Department of the Interior record provisions and Government records and papers, see section 1460 et seq. of this title, and section 1733 of Title 28  22. Repealed. July 30, 1947, ch. 354,  2 61 Stat. 522   Section, act June 5, 1920, ch. 235 41 Stat. 908 section 1460 of this title  23. Repealed. Pub. L. 86649, title II,  202(b) July 14, 1960 74 Stat. 507   Section, act Feb. 14, 1931, ch. 187 46 Stat. 1118 section 1371 of this title  Mar. 3, 1925, ch. 462 43 Stat. 1145  June 5, 1924, ch. 264 43 Stat. 395  Jan. 24, 1923, ch. 42 42 Stat. 1179  May 24, 1922, ch. 199 42 Stat. 558  Mar. 3, 1915, ch. 75 38 Stat. 855  24. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632   Section, acts May 10, 1926, ch. 277 44 Stat. 456 44 Stat. 938 July 16, 1946 60 Stat. 1100  25 to 25b. Repealed. Oct. 25, 1951, ch. 562,  1(25) 65 Stat. 639   Section 25, act May 28, 1926, ch. 415,  1 44 Stat. 672  Section 25a, act May 28, 1926, ch. 415,  2 44 Stat. 673  Section 25b, act May 28, 1926, ch. 415,  3 44 Stat. 673  See section 3301 et seq. of Title 44, Public Printing and Documents. CHAPTER 2 UNITED STATES GEOLOGICAL SURVEY    Sec.  31. Director of United States Geological Survey.  31a. Findings and purpose.  31b. Definitions.  31c. Geologic mapping program.  31d. Advisory committee.  31e. Geologic mapping program 5-year plan.  31f. National geologic map database.  31g. Biennial report.  31h. Authorization of appropriations.  31i. Report on resource research activities.  31j. Biological research activity of Survey; review and report by National Academy of Sciences.  31k. National Volcano Early Warning and Monitoring System.  31l. Earth Mapping Resources Initiative.  32. Acting Director.  33. Repealed.  34. Scientific employees.  35. Repealed.  36. Purchase of books.  36a. Acquisition of scientific or technical books, maps, etc., for library.  36b. Acquisition of lands or interests therein for use in gaging streams or underground water resources.  36c. Acceptance of contributions from public and private sources; cooperation with other agencies in prosecution of projects.  36d. Cooperative agreements.  37. Omitted.  38. Topographic surveys; marking elevations.  39 40. Omitted.  41. Publications and reports; preparation and sale.  42. Distribution of maps and atlases, etc.  42a. Use of receipts from sale of maps for map printing and distribution.  43. Copies to Senators, Representatives, and Delegates.  44. Sale of transfers or copies of data.  45. Production and sale of copies of photographs and records; disposition of receipts.  46 48. Omitted or Repealed.  49. Extension of cooperative work to Puerto Rico.  50. Surveys share of cost of topographic mapping or water resources investigations carried on with States.  501. Funds for mappings and investigations considered intragovernmental funds.  50a. Working capital fund for United States Geological Survey.  50b. Recording of obligations against accounts receivable and crediting of amounts received; work involving cooperation with State, Territory, etc.  50c. Payment of costs incidental to utilization of services of volunteers.  50d. Services of students or recent graduates.  50e. USGS energy and minerals research facility.  31. Director of United States Geological Survey (a) Establishment of office; appointment and duties; examination of geological structure, mineral resources, and products of national domain; prohibitions in respect to lands and surveys The Director of the United States Geological Survey, which office is established, under the Interior Department, shall be appointed by the President by and with the advice and consent of the Senate. This officer shall have the direction of the United States Geological Survey, and the classification of the public lands and examination of the geological structure, mineral resources, and products of the national domain. The Director and members of the United States Geological Survey shall have no personal or private interests in the lands or mineral wealth of the region under survey, and shall execute no surveys or examinations for private parties or corporations. (b) Examination of geological structure, mineral resources, and products outside national domain The authority of the Secretary of the Interior, exercised through the United States Geological Survey of the Department of the Interior, to examine the geological structure, mineral resources, and products of the national domain, is expanded to authorize such examinations outside the national domain where determined by the Secretary to be in the national interest. ( Mar. 3, 1879, ch. 182 20 Stat. 394 Pub. L. 87626 Sept. 5, 1962 76 Stat. 427 Pub. L. 93608,  2(6) Jan. 2, 1975 88 Stat. 1971 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000 Pub. L. 10466, title I,  1081(e) Dec. 21, 1995 109 Stat. 721  Editorial Notes Codification Subsec. (a) of this section is from act Mar. 3, 1879 Pub. L. 87626 Provisions of subsec. (a) of this section which limited the salary of the Director of the Geological Survey to $6,000 a year were omitted as obsolete. See section 5316 of Title 5 Amendments 1995Subsec. (c). Pub. L. 10466 1975Subsec. (c). Pub. L. 93608 Statutory Notes and Related Subsidiaries  Change of Name Pub. L. 102285,  10(a) May 18, 1992 106 Stat. 171 The Geological Survey established by the Act of March 3, 1879 43 U.S.C. 31(a) May 18, 1992 United States Geological Survey substituted for Geological Survey in subsecs. (a) and (b) pursuant to provision of title I of Pub. L. 102154 That the Geological Survey ( 43 U.S.C. 31(a) Nov. 13, 1991 Continental Scientific Drilling and Exploration Pub. L. 100441 Sept. 22, 1988 102 Stat. 1760  That this Act may be cited as the Continental Scientific Drilling and Exploration Act. SEC. 2. PURPOSES. The purpose of this Act is to (1) implement section 323 of the joint resolution entitled Joint Resolution making continuing appropriations for the fiscal year 1985, and for other purposes, approved October 12, 1984 Public Law 98473 98 Stat. 1875 (2) enhance fundamental understanding of the composition, structure, dynamics, and evolution of the continental crust, and how such processes affect natural phenomena such as earthquakes, volcanic eruptions, transfer of geothermal energy, distribution of mineral deposits, the occurrence of fossil fuels, and the nature and extent of aquifers; (3) advance basic earth sciences research and technological development; (4) obtain critical data regarding the earths crust relating to isolation of hazardous wastes; and (5) develop a long-range plan for implementation of the Continental Scientific Drilling Program. SEC. 3. FINDINGS. Congress finds that (1) because the earth provides energy, minerals, and water, and is used as a storage medium for municipal, chemical, and nuclear waste, an understanding of the processes and structures in the earths crust is essential to the well being of the United States; (2) there is a need for developing long-range plans for a United States Continental Scientific Drilling Program; and (3) the Continental Scientific Drilling Program would enhance (A) understanding of the crustal evolution of the earth and the mountain building processes; (B) understanding of the mechanisms of earthquakes and volcanic eruptions and the development of improved techniques for prediction; (C) understanding of the development and utilization of geothermal and other energy sources and the formation of and occurrence of mineral deposits; (D) understanding of the migration of fluids in the earths crust for evaluation of waste contamination and the development of more effective techniques for the safe subsurface disposal of hazardous wastes; (E) understanding and definition of the size, source, and more effective use of aquifers and other water resources; and (F) evaluation and verification of surface geophysical techniques needed for exploring and monitoring the earths crust. SEC. 4. IMPLEMENTATION OF CONTINENTAL SCIENTIFIC DRILLING PROGRAM. The Secretary of the Department of Energy, the Secretary of the Department of the Interior through the United States Geological Survey, and the Director of the National Science Foundation shall implement the policies of section 323 of the joint resolution entitled Joint Resolution making continuing appropriations for the fiscal year 1985, and for other purposes, approved October 12, 1984 Public Law 98473 98 Stat. 1875 (1) taking such action as necessary to assure an effective, cooperative effort in furtherance of the Continental Scientific Drilling Program of the United States; (2) taking all reasonable administrative and financial measures to assure that the Interagency Accord on Continental Scientific Drilling continues to function effectively in support of such program; (3) assuring the continuing effective operation of the Interagency Coordinating Group to further the objectives of such program; (4) taking such action to assure that the Interagency Coordinating Group receives appropriate cooperation from any Federal agency that can contribute to the objectives of such program, without adversely affecting any program or activity of such agency; (5) acting through the Interagency Coordinating Group, preparing and submitting to the Congress, within one hundred and eighty days after the enactment of this Act [ Sept. 22, 1988 (A) long and short-term policy objectives and goals of the United States Continental Scientific Drilling Program; (B) projected schedules of desirable scientific and engineering events that would advance United States objectives in the Continental Scientific Drilling Program; (C) the levels of resources and funding for fiscal year 1989 that would be required by each participating Federal agency to carry out events pursuant to subparagraphs (A) and (B); (D) the scientific, economic, technological, and social benefits expected to be realized through the implementation of such program at each level described in subparagraph (C); (E) a recommended course for interaction with the international community in a cooperative effort to achieve the goals and purposes of this Act; (F) the extent of participation or interest shown to date in the Continental Scientific Drilling Program by (i) any other governmental agency; (ii) any academic institution; (iii) any organization in the private sector; and (iv) any governmental or other entity in the international community; (G) a plan to develop beneficial cooperative relationships among the entities mentioned in subparagraph (F), to the extent that the Interagency Coordinating Group deems practicable; and (H) any other information or recommendations that the Interagency Coordinating Group deems appropriate; and (6) submitting to the Congress annually, beginning one year after the submission of a report under paragraph (5), a report describing the levels of resources and funding that would be required by each participating Federal agency for the next fiscal year to carry out events pursuant to paragraph (5)(A) and (B). [For termination, effective May 15, 2000 section 4(6) of Pub. L. 100441 section 3003 of Pub. L. 10466 Pub. L. 106554 section 1113 of Title 31 Pub. L. 98473, title I,  101(c) [title III,  323] Oct. 12, 1984 98 Stat. 1837  It is the sense of the Congress that the Continental Scientific Drilling Program is an important national scientific endeavor, benefiting the commerce of the Nation, which should be vigorously pursued by Government and the private sector. The Continental Scientific Drilling Program is an important national scientific endeavor that is vital to the understanding of the geologic evolution of the Earth and the economic value of its resources; the most effective and efficient means of realizing the fullest potential in the Continental Scientific Drilling Program is through a cooperative effort by the Department of Energy, the National Science Foundation, and the United States Geological Survey; many important commercial and scientific advances may result from the Continental Scientific Drilling Program; and many foreign nations are engaged in a comparable deep drilling program, and cooperation and coordination would be beneficial to United States efforts. It is the sense of the Congress that (1) the Continental Scientific Drilling Program is an important national scientific endeavor by the United States which should be enthusiastically implemented through a joint cooperative effort among the United States Department of Energy, the National Science Foundation, and the United States Geological Survey; (2) the private sector should be encouraged to support the Continental Scientific Drilling Program and the participating agencies should solicit appropriate private sector participation in such program; and (3) the United States Government should cooperate to the extent practicable with the international community in developing this important scientific and technical activity. Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title  31a. Findings and purpose (a) Findings The Congress finds and declares that (1) although significant progress has been made in the production of geologic maps since the establishment of the national cooperative geologic mapping program in 1992, no modern, digital, geologic map exists for approximately 75 percent of the United States; (2) geologic maps are the primary data base for virtually all applied and basic earth-science investigations, including (A) exploration for and development of mineral, energy, and water resources; (B) screening and characterizing sites for toxic and nuclear waste disposal; (C) land use evaluation and planning for homeland and environmental protection; (D) earthquake hazards reduction; (E) identifying volcanic hazards; (F) design and construction of infrastructure requirements such as utility lifelines, transportation corridors, and surface-water impoundments; (G) reducing losses from landslides and other ground failures; (H) mitigating effects of coastal and stream erosion; (I) siting of critical facilities; (J) recreation and public awareness; and (K) basic earth-science research; (3) Federal agencies, State and local governments, private industry, and the general public depend on the information provided by geologic maps to determine the extent of potential environmental damage before embarking on projects that could lead to preventable, costly environmental problems or litigation; (4) the combined capabilities of State, Federal, and academic groups to provide geologic mapping are not sufficient to meet the present and future needs of the United States for national security, environmental protection, and energy self-sufficiency of the Nation; (5) States are willing to contribute 50 percent of the funding necessary to complete the mapping of the geology within the State; (6) the lack of proper geologic maps has led to the poor design of such structures as dams and waste-disposal facilities; (7) geologic maps have proven indispensable in the search for needed fossil-fuel and mineral resources; (8) geologic map information is required for the sustainable and balanced development of natural resources of all types, including energy, minerals, land, water, and biological resources; (9) advances in digital technology and geographical information system science have made geologic map databases increasingly available as decision support tools for land and resource management; and (10) a comprehensive nationwide program of geologic mapping of surficial and bedrock deposits is required in order to systematically build the Nations geologic-map data base at a pace that responds to increasing demand. (b) Purpose The purpose of sections 31a to 31h of this title is to expedite the production of a geologic-map data base for the Nation, to be located within the United States Geological Survey, which can be applied to land-use management, assessment, and utilization, conservation of natural resources, groundwater management, and environmental protection and management. ( Pub. L. 102285,  2 May 18, 1992 106 Stat. 166 Pub. L. 106148,  2 Dec. 9, 1999 113 Stat. 1719 Pub. L. 11111, title XI,  11001(a) Mar. 30, 2009 123 Stat. 1414  Editorial Notes  References in Text Sections 31a to 31h of this title, referred to in subsec. (b), was in the original this Act, meaning Pub. L. 102285 Amendments 2009Subsec. (a)(1). Pub. L. 11111,  11001(a)(1) Subsec. (a)(2)(C). Pub. L. 11111,  11001(a)(2)(A) Subsec. (a)(2)(E). Pub. L. 11111,  11001(a)(2)(B) Subsec. (a)(2)(J), (K). Pub. L. 11111,  11001(a)(2)(C) Subsec. (a)(9). Pub. L. 11111,  11001(a)(3) Subsec. (b). Pub. L. 11111,  11001(b) 1999Subsec. (a)(8) to (10). Pub. L. 106148 Statutory Notes and Related Subsidiaries Short Title of 1999 Amendment Pub. L. 106148,  1 Dec. 9, 1999 113 Stat. 1719 This Act [enacting sections 31e, 31g and 31h of this title, amending sections 31a to 31d and 31f of this title, and repealing former sections 31e, 31g, and 31h of this title] may be cited as the National Geologic Mapping Reauthorization Act of 1999. Short Title of 1997 Amendment Pub. L. 10536,  1 Aug. 5, 1997 111 Stat. 1107 This Act [amending sections 31b to 31h of this title and enacting provisions set out as a note under this section] may be cited as the National Geologic Mapping Reauthorization Act of 1997. Short Title Pub. L. 102285,  1 May 18, 1992 106 Stat. 166 This Act [enacting this section and sections 31b to 31h of this title, amending sections 1457, 1457a, and 1782 of this title, sections 450ii3, 665, 1133, and 3151 of Title 16, Conservation, section 262k of Title 22 section 1677 of Title 25 section 31 of this title section 1 of Title 30 section 1231 of Title 30 Findings Pub. L. 10536,  2 Aug. 5, 1997 111 Stat. 1107  Congress finds that (1) in enacting the National Geologic Mapping Act of 1992 ( 43 U.S.C. 31a (A) during the 2 decades preceding enactment of that Act, the production of geologic maps had been drastically curtailed; (B) geologic maps are the primary data base for virtually all applied and basic earth-science investigations; (C) Federal agencies, State and local governments, private industry, and the general public depend on the information provided by geologic maps to determine the extent of potential environmental damage before embarking on projects that could lead to preventable, costly environmental problems or litigation; (D) the lack of proper geologic maps has led to the poor design of such structures as dams and waste-disposal facilities; (E) geologic maps have proven indispensable in the search for needed fossil fuel and mineral resources; and (F) a comprehensive nationwide program of geologic mapping is required in order to systematically build the Nations geologic-map data base at a pace that responds to increasing demand; (2) the geologic mapping program called for by that Act has not been fully implemented; and (3) it is time for this important program to be fully implemented.  31b. Definitions In sections 31a to 31h of this title: (1) Advisory committee The term advisory committee means the advisory committee established under section 31d of this title (2) Association The term Association means the Association of American State Geologists. (3) Director The term Director means the Director of the United States Geological Survey. (4) Education component The term education component means the education component of the geologic mapping program described in section 31c(d)(3) of this title (5) Federal component The term Federal component means the Federal component of the geologic mapping program described in section 31c(d)(1) of this title (6) Geologic mapping program The term geologic mapping program means the National Cooperative Geologic Mapping Program established by section 31c(a) of this title (7) Secretary The term Secretary means the Secretary of the Interior. (8) State The term State includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the Virgin Islands. (9) State component The term State component means the State component of the geologic mapping program described in section 31c(d)(2) of this title (10) Survey The term Survey means the United States Geological Survey. ( Pub. L. 102285,  3 May 18, 1992 106 Stat. 167 Pub. L. 10536,  3(a) Aug. 5, 1997 111 Stat. 1107 Pub. L. 106148,  3 Dec. 9, 1999 113 Stat. 1719 Pub. L. 1169, title V,  5002(c) Mar. 12, 2019 133 Stat. 768  Editorial Notes  References in Text Sections 31a to 31h of this title, referred to in text, was in the original this Act, meaning Pub. L. 102285 section 31a of this title Amendments 2019Par. (4). Pub. L. 1169,  5002(c)(1) Par. (5). Pub. L. 1169,  5002(c)(2) Par. (9). Pub. L. 1169,  5002(c)(3) 1999Pars. (4) to (10). Pub. L. 106148 1997 Pub. L. 10536,  3(a)(1) Par. (1). Pub. L. 10536,  3(a)(5) Par. (2). Pub. L. 10536,  3(a)(2) Pars. (3) to (5). Pub. L. 10536,  3(a)(2) Par. (6). Pub. L. 10536,  3(a)(4) Par. (7). Pub. L. 10536,  3(a)(2)  31c. Geologic mapping program (a) Establishment (1) In general There is established a national cooperative geologic mapping program between the United States Geological Survey and the State geological surveys, acting through the Association. (2) Design, development, and administration The cooperative geologic mapping program shall be (A) designed and administered to achieve the objectives set forth in subsection (c); (B) developed in consultation with the advisory committee; and (C) administered through the Survey. (b) Responsibilities of the Survey (1) Lead agency The Survey shall be the lead Federal agency responsible for planning, developing national priorities and standards for, coordinating, and managing the geologic mapping program. In carrying out this paragraph, the Secretary, acting through the Director, shall (A) develop a 5-year strategic plan for the geologic mapping program in accordance with section 31e of this title March 12, 2019 (B) appoint, with the advice and consultation of the Association, the advisory committee not later than 1 year after March 12, 2019 section 31d of this title (C) submit biennially a report to the Committee on Energy and Natural Resources of the United States Senate and to the Committee on Resources of the House of Representatives identifying (i) how the Survey and the Association are coordinating the development and implementation of the geologic mapping program; (ii) how the Survey and the Association establish goals, mapping priorities, and target dates for implementation of the geologic mapping program; and (iii) how long-term staffing plans for the various components of the geologic mapping program affect successful implementation of the geologic mapping program. (2) Responsibilities of the Secretary In addition to paragraph (1), the Secretary, acting through the Director, shall be responsible for developing, as soon as practicable (A) in cooperation with the Association, other Federal and State agencies, public and private sector organizations and academia, the geologic-map data base; and (B) maps and mapping techniques which achieve the objectives specified in subsection (c). (c) Program objectives The objectives of the geologic mapping program shall include (1) determining the Nations geologic framework through systematic development of geologic maps at scales appropriate to the geologic setting and the perceived applications, such maps to be contributed to the national geologic map data base; (2) development of a complementary national geochronologic and paleontologic data base that provides value-added descriptive and interpretative information to the geologic-map data base; (3) application of cost-effective mapping techniques that assemble, produce, translate and disseminate geologic-map information and that render such information of greater application and benefit to the public; and (4) development of public awareness of the role and application of geologic-map information to the resolution of national issues of land use management. (d) Program components (1) Federal component (A) In general The geologic mapping program shall include a Federal geologic mapping component, the objective of which shall be to determine the geologic framework of areas determined to be vital to the economic, social, environmental, or scientific welfare of the United States. (B) Mapping priorities For the Federal component, mapping priorities (i) shall be described in the 5-year plan under section 31e of this title (ii) shall be based on (I) national requirements for geologic map information in areas of multiple-issue need or areas of compelling single-issue need; (II) national requirements for geologic map information in areas where mapping is required to solve critical earth science problems; and (III) the needs of land management agencies of the Department of the Interior. (C) Interdisciplinary studies (i) In general The Federal component shall include interdisciplinary studies that add value to geologic mapping. (ii) Representative categories Interdisciplinary studies under clause (i) may include (I) establishment of a national geologic map database under section 31f of this title (II) studies that lead to the implementation of cost-effective digital methods for the acquisition, compilation, analysis, cartographic production, and dissemination of geologic map information; (III) paleontologic, geochrono-logic, and isotopic investigations that provide information critical to understanding the age and history of geologic map units; (IV) geophysical investigations that assist in delineating and mapping the physical characteristics and 3-dimensional distribution of geologic materials and geologic structures; and (V) geochemical investigations and analytical operations that characterize the composition of geologic map units. (iii) Use of results The results of investigations under clause (ii) shall be contributed to national databases. (2) State component (A) In general The geologic mapping program shall include a State geologic mapping component, the objective of which shall be to establish the geologic framework of areas determined to be vital to the economic, social, environmental, or scientific welfare of individual States. (B) Mapping priorities For the State component, mapping priorities (i) shall be determined by State panels representing a broad range of users of geologic maps; and (ii) shall be based on (I) State requirements for geologic map information in areas of multiple-issue need or areas of compelling single-issue need; and (II) State requirements for geologic map information in areas where mapping is required to solve critical earth science problems. (C) Integration of Federal and State priorities A national panel including representatives of the Survey shall integrate the State mapping priorities under this paragraph with the Federal mapping priorities under paragraph (1). (D) Use of funds The Survey and recipients of grants under the State component shall not use more than 15.25 percent of the Federal funds made available under the State component for any fiscal year to pay indirect, servicing, or program management charges. (E) Federal share The Federal share of the cost of activities under the State component for any fiscal year shall not exceed 50 percent. (3) Education component (A) In general The geologic mapping program shall include a geologic mapping education component for the training of geologic mappers, the objectives of which shall be (i) to provide for broad education in geologic mapping and field analysis through support of field studies; and (ii) to develop academic programs that teach students of earth science the fundamental principles of geologic mapping and field analysis. (B) Investigations The education component may include the conduct of investigations, which (i) shall be integrated with the Federal component and the State component; and (ii) shall respond to mapping priorities identified for the Federal component and the State component. (C) Use of funds The Survey and recipients of grants under the education component shall not use more than 15.25 percent of the Federal funds made available under the education component for any fiscal year to pay indirect, servicing, or program management charges. (D) Federal share The Federal share of the cost of activities under the education component for any fiscal year shall not exceed 50 percent. (4) Abandoned mine land and mine waste component (A) In general The geologic mapping program shall include an abandoned mine land and mine waste geologic mapping component, the objective of which shall be to establish the geologic framework of abandoned mine land and other land containing mine waste. (B) Mapping priorities For the component described in subparagraph (A), the priority shall be mapping abandoned mine land and other land containing mine waste where multiple critical mineral (as defined in section 1606(a) of title 30 ( Pub. L. 102285,  4 May 18, 1992 106 Stat. 167 Pub. L. 103437,  16(a)(1) Nov. 2, 1994 108 Stat. 4594 Pub. L. 10536,  3(b) Aug. 5, 1997 111 Stat. 1108 Pub. L. 106148,  4 Dec. 9, 1999 113 Stat. 1720 Pub. L. 11111, title XI,  11001(c) Mar. 30, 2009 123 Stat. 1414 Pub. L. 1169, title V,  5002(a)(2) Mar. 12, 2019 133 Stat. 768 Pub. L. 11758, div. D, title II,  40202(a) Nov. 15, 2021 135 Stat. 959  Editorial Notes Amendments 2021Subsec. (d)(4). Pub. L. 11758 2019Subsec. (b)(1)(A), (B). Pub. L. 1169 March 12, 2019 March 30, 2009 2009Subsec. (b)(1)(A). Pub. L. 11111,  11001(c)(1) March 30, 2009 December 9, 1999 Subsec. (b)(1)(B). Pub. L. 11111,  11001(c)(2) March 30, 2009 December 9, 1999 Subsec. (b)(1)(C). Pub. L. 11111,  11001(c)(3) December 9, 1999 Subsec. (c)(2). Pub. L. 11111,  11001(d) Subsec. (d)(1)(B)(ii)(III). Pub. L. 11111,  11001(e) 1999Subsec. (b)(1). Pub. L. 106148,  4(1)(A) Subsec. (b)(1)(A). Pub. L. 106148,  4(1)(B) December 9, 1999 August 5, 1997 Subsec. (b)(1)(B). Pub. L. 106148,  4(1)(C) December 9, 1999 August 5, 1997 Subsec. (b)(1)(C). Pub. L. 106148,  4(1)(D)(i) December 9, 1999 August 5, 1997 Subsec. (b)(1)(C)(i). Pub. L. 106148,  4(1)(D)(ii) Subsec. (b)(1)(C)(ii). Pub. L. 106148,  4(1)(D)(iii) Subsec. (b)(1)(C)(iii). Pub. L. 106148,  4(1)(D)(iv) Subsec. (d). Pub. L. 106148,  4(2) 1997Subsec. (a). Pub. L. 10536,  3(b)(1) Subsec. (b). Pub. L. 10536,  3(b)(2)(A) Subsec. (b)(1). Pub. L. 10536,  3(b)(2)(B)(i) Subsec. (b)(1)(A). Pub. L. 10536,  3(b)(2)(B)(iii) August 5, 1997 May 18, 1992 Subsec. (b)(1)(B). Pub. L. 10536,  3(b)(2)(B)(iv) August 5, 1997 May 18, 1992 Subsec. (b)(1)(C). Pub. L. 10536,  3(b)(2)(B)(v)(I) August 5, 1997 May 18, 1992 Subsec. (b)(1)(C)(i). Pub. L. 10536,  3(b)(2)(B)(v)(III) Subsec. (b)(1)(C)(ii). Pub. L. 10536,  3(b)(2)(B)(v)(III) Subsec. (b)(1)(C)(iii), (iv). Pub. L. 10536,  3(b)(2)(B)(v)(V) Subsec. (b)(2). Pub. L. 10536,  3(b)(2)(C)(i) Subsec. (b)(2)(A). Pub. L. 10536,  3(b)(2)(C)(ii) Subsec. (c)(2). Pub. L. 10536,  3(b)(3)(A) Subsec. (c)(4). Pub. L. 10536,  3(b)(3)(B) Subsec. (d)(1). Pub. L. 10536,  3(b)(4)(A) Subsec. (d)(2). Pub. L. 10536,  3(b)(4)(B)(i) Subsec. (d)(2)(D). Pub. L. 10536,  3(b)(4)(B)(ii) Subsec. (d)(3). Pub. L. 10536,  3(b)(4)(C) Subsec. (d)(4). Pub. L. 10536,  3(b)(4)(D) (A) to develop the academic programs that teach earth-science students the fundamental principles of geologic mapping and field analysis; and (B) to provide for broad education in geologic mapping and field analysis through support of field teaching institutes. Investigations conducted under the geologic mapping education component shall be integrated with the other mapping components of the geologic mapping program, and shall respond to priorities identified for those components. 1994Subsec. (b)(1)(A), (C). Pub. L. 103437 Statutory Notes and Related Subsidiaries  Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007 Wage Rate Requirements For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758 section 18851 of Title 42  31d. Advisory committee (a) Establishment (1) In general There shall be established a 11-member geologic mapping advisory committee to advise the Director on planning and implementation of the geologic mapping program. (2) Members ex officio Federal agency members shall include the Administrator of the Environmental Protection Agency or a designee, the Secretary of the Interior or a designee from a land management agency of the Department of the Interior, the Secretary of Energy or a designee, and the Secretary of Agriculture or a designee. (3) Appointed members In consultation with the Association, the Secretary shall appoint to the advisory committee two representatives from the Survey (including the Associate Director for Core Science Systems, as Chair), two representatives from the State geological surveys, one representative from academia, and 2 representatives from the private sector. (b) Duties The advisory committee shall (1) review and update the 5-year plan prepared by the Director pursuant to section 31e of this title (2) review the scientific progress of the geologic mapping program; (3) provide a scientific overview of geologic maps (including maps of geologic-based hazards) used or disseminated by Federal agencies for regulation or land-use planning; and (4) submit an annual report to the Secretary that evaluates the progress of the Federal, State, and university mapping activities and evaluates the progress made toward fulfilling the purposes of sections 31c through 31f of this title. ( Pub. L. 102285,  5 May 18, 1992 106 Stat. 169 Pub. L. 10536,  3(c) Aug. 5, 1997 111 Stat. 1110 Pub. L. 106148,  5 Dec. 9, 1999 113 Stat. 1722 Pub. L. 11111, title XI,  11001(f) Mar. 30, 2009 123 Stat. 1415 Pub. L. 1169, title V,  5002(b) Mar. 12, 2019 133 Stat. 768  Editorial Notes Amendments 2019Subsec. (a)(3). Pub. L. 1169 2009Subsec. (a)(1). Pub. L. 11111,  11001(f)(3) Subsec. (a)(2). Pub. L. 11111,  11001(f)(1)(A) Subsec. (a)(3). Pub. L. 11111,  11001(f)(1)(B) December 9, 1999 Subsec. (b)(3), (4). Pub. L. 11111,  11001(f)(2) 1999Subsec. (a)(3). Pub. L. 106148,  5(1) December 9, 1999 August 5, 1997 Subsec. (b)(1). Pub. L. 106148,  5(2)(A) Subsec. (b)(3). Pub. L. 106148,  5(2)(B) 1997Subsec. (a). Pub. L. 10536,  3(c)(1) Subsec. (b)(3). Pub. L. 10536,  3(c)(2) Statutory Notes and Related Subsidiaries Termination of Advisory Committees Advisory committees established after Jan. 5, 1973 section 1013 of Title 5  31e. Geologic mapping program 5-year plan (a) In general The Secretary, acting through the Director, shall, with the advice and review of the advisory committee, prepare a 5-year plan for the geologic mapping program. (b) Requirements The 5-year plan shall identify (1) overall priorities for the geologic mapping program; and (2) implementation of the overall management structure and operation of the geologic mapping program, including (A) the role of the Survey in the capacity of overall management lead, including the responsibility for developing the national geologic mapping program that meets Federal needs while fostering State needs; (B) the responsibilities of the State geological surveys, with emphasis on mechanisms that incorporate the needs, missions, capabilities, and requirements of the State geological surveys, into the nationwide geologic mapping program; (C) mechanisms for identifying short- and long-term priorities for each component of the geologic mapping program, including (i) for the Federal component, a priority-setting mechanism that responds to (I) Federal mission requirements for geologic map information; (II) critical scientific problems that require geologic maps for their resolution; and (III) shared Federal and State needs for geologic maps, in which joint Federal-State geologic mapping projects are in the national interest; (ii) for the State component, a priority-setting mechanism that responds to (I) specific intrastate needs for geologic map information; and (II) interstate needs shared by adjacent States that have common requirements; and (iii) for the education component, a priority-setting mechanism that responds to requirements for geologic map information that are dictated by Federal and State mission requirements; (D) a mechanism for adopting scientific and technical mapping standards for preparing and publishing general- and special-purpose geologic maps to (i) ensure uniformity of cartographic and scientific conventions; and (ii) provide a basis for assessing the comparability and quality of map products; and (E) a mechanism for monitoring the inventory of published and current mapping investigations nationwide to facilitate planning and information exchange and to avoid redundancy. ( Pub. L. 102285,  6 Pub. L. 106148,  6 Dec. 9, 1999 113 Stat. 1722  Editorial Notes Prior Provisions A prior section 31e, Pub. L. 102285,  6 May 18, 1992 106 Stat. 170 Pub. L. 10536,  3(d) Aug. 5, 1997 111 Stat. 1110 Pub. L. 106148,  6 Dec. 9, 1999 113 Stat. 1722  31f. National geologic map database (a) Establishment (1) In general The Survey shall establish a national geologic-map database. (2) Function The database shall serve as a national catalog and archive, distributed through links to Federal and State geologic map holdings, that includes (A) all maps developed with funding provided by the National Cooperative Geologic Mapping Program, including under the Federal, State, and education components; (B) the databases developed in connection with investigations under subclauses (III), (IV), and (V) of section 31c(d)(1)(C)(ii) of this title (C) other maps and data that the Survey and the Association consider appropriate. (b) Standardization (1) In general Geologic maps contributed to the national archives shall have format, symbols, and technical attributes that adhere to standards so that archival information can be accessed, exchanged, and compared efficiently and accurately, as required by Executive Order 12906 (59 Fed. Reg. 17,671 (1994)), which established the National Spatial Data Infrastructure. (2) Development of standards Entities that contribute geologic maps to the national archives shall develop the standards described in paragraph (1) in cooperation with the Federal Geographic Data Committee, which is charged with standards development and other data coordination activities as described in Office of Management and Budget revised Circular A16. ( Pub. L. 102285,  7 May 18, 1992 106 Stat. 171 Pub. L. 10536,  3(e) Aug. 5, 1997 111 Stat. 1110 Pub. L. 106148,  7 Dec. 9, 1999 113 Stat. 1723 Pub. L. 11111, title XI,  11001(g) Mar. 30, 2009 123 Stat. 1415  Editorial Notes  References in Text Executive Order 12906, referred to in subsec. (b)(1), is set out as a note under section 1457 of this title Amendments 2009Subsec. (a)(1). Pub. L. 11111,  11001(g)(1) Subsec. (a)(2)(A). Pub. L. 11111,  11001(g)(2) 1999 Pub. L. 106148 1997Subsec. (b). Pub. L. 10536  31g. Biennial report Not later than 3 years after March 30, 2009 (1) describes the status of the national geologic mapping program; (2) describes and evaluates the progress achieved during the preceding 2 years in developing the national geologic map database; and (3) includes any recommendations that the Secretary may have for legislative or other action to achieve the purposes of sections 31c through 31f of this title. ( Pub. L. 102285,  8 Pub. L. 106148,  8 Dec. 9, 1999 113 Stat. 1724 Pub. L. 11111, title XI,  11001(h) Mar. 30, 2009 123 Stat. 1415  Editorial Notes Prior Provisions A prior section 31g, Pub. L. 102285,  8 May 18, 1992 106 Stat. 171 Pub. L. 103437,  16(a)(1) Nov. 2, 1994 108 Stat. 4594 Pub. L. 10536,  3(f) Aug. 5, 1997 111 Stat. 1111 Pub. L. 105362, title IX,  902(b) Nov. 10, 1998 112 Stat. 3291 Pub. L. 106148,  8 Dec. 9, 1999 113 Stat. 1724 Amendments 2009 Pub. L. 11111 March 30, 2009 December 9, 1999 Statutory Notes and Related Subsidiaries  Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007  31h. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out sections 31a to 31h of this title $64,000,000 for each of fiscal years 2009 through 2031. (b) Allocation of appropriations Of any amounts appropriated for any fiscal year in excess of the amount appropriated for fiscal year 2005 (1) 50 percent shall be available for the State component; and (2) 4 percent shall be available for the education component. ( Pub. L. 102285,  9 Pub. L. 106148,  9 Dec. 9, 1999 113 Stat. 1724 Pub. L. 11111, title XI,  11001(i) Mar. 30, 2009 123 Stat. 1416 Pub. L. 1169, title V,  5002(a)(1) Mar. 12, 2019 133 Stat. 768 Pub. L. 11758, div. D, title II,  40202(b) Nov. 15, 2021 135 Stat. 959  Editorial Notes  References in Text Sections 31a to 31h of this title, referred to in subsec. (a), was in the original this Act, meaning Pub. L. 102285 section 31a of this title Prior Provisions A prior section 31h, Pub. L. 102285,  9 May 18, 1992 106 Stat. 171 Pub. L. 10536,  3(g) Aug. 5, 1997 111 Stat. 1111 Pub. L. 106148,  9 Dec. 9, 1999 113 Stat. 1724 Amendments 2021Subsec. (a). Pub. L. 11758 2019Subsec. (a). Pub. L. 1169 2009Subsec. (a). Pub. L. 11111,  11001(i)(1) Subsec. (b). Pub. L. 11111,  11001(i)(2)(A) Subsec. (b)(1). Pub. L. 11111,  11001(i)(2)(B) Subsec. (b)(2). Pub. L. 11111,  11001(i)(2)(C) 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. 11758 section 18851 of Title 42  31i. Report on resource research activities  Once every five years the National Academy of Sciences shall review and report on the resource research activities of the Survey. ( Pub. L. 104134, title I,  101(c) [title I] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327  31j. Biological research activity of Survey; review and report by National Academy of Sciences  Beginning in fiscal year 1998 and once every five years thereafter, the National Academy of Sciences shall review and report on the biological research activity of the Survey. ( Pub. L. 104208, div. A, title I,  101(d) [title I] Sept. 30, 1996 110 Stat. 3009181  31k. National Volcano Early Warning and Monitoring System (a) Definitions In this section: (1) Secretary The term Secretary means the Secretary, acting through the Director of the United States Geological Survey. (2) Secretary of Commerce The term Secretary of Commerce means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere. (3) System The term System means the National Volcano Early Warning and Monitoring System established under subsection (b)(1)(A). (4) Volcanic Ash Advisory Center The term Volcanic Ash Advisory Center means an entity designated by the International Civil Aviation Organization that is responsible for informing aviation interests about the presence of volcanic ash in the airspace. (b) National Volcano Early Warning and Monitoring System (1) Establishment (A) In general The Secretary shall establish within the United States Geological Survey a system, to be known as the National Volcano Early Warning and Monitoring System, to monitor, warn, and protect citizens of the United States from undue and avoidable harm from volcanic activity. (B) Purposes The purposes of the System are (i) to organize, modernize, standardize, and stabilize the monitoring systems of the volcano observatories in the United States, which includes the Alaska Volcano Observatory, California Volcano Observatory, Cascades Volcano Observatory, Hawaiian Volcano Observatory, and Yellowstone Volcano Observatory; (ii) to unify the monitoring systems of volcano observatories in the United States into a single interoperative system; and (iii) to strengthen the warning and monitoring systems of volcano observatories in the United States by integrating relevant capacities of the National Oceanic and Atmospheric Administration, including with the Volcanic Ash Advisory Centers located in Anchorage, Alaska, and Washington, D.C., to observe and model emissions of gases, aerosols, and ash, atmospheric dynamics and chemistry, and ocean chemistry resulting from volcanic eruptions. (C) Objective The objective of the System is to monitor all the volcanoes in the United States at a level commensurate with the threat posed by the volcanoes by (i) upgrading existing networks on monitored volcanoes; (ii) installing new networks on unmonitored volcanoes; and (iii) employing geodetic and other components when applicable. (2) System components (A) In general The System shall include (i) a national volcano watch office that is operational 24 hours a day and 7 days a week; (ii) a national volcano data center; and (iii) an external grants program to support research in volcano monitoring science and technology. (B) Modernization activities Modernization activities under the System shall include the comprehensive application of emerging technologies, including digital broadband seismometers, real-time continuous Global Positioning System receivers, satellite and airborne radar interferometry, acoustic pressure sensors, spectrometry to measure gas emissions, and unoccupied aerial vehicles. (C) Memorandum of understanding The Secretary and the Secretary of Commerce shall develop and execute a memorandum of understanding to establish cooperative support for the activities of the System from the National Oceanic and Atmospheric Administration, including environmental observations, modeling, and temporary duty assignments of personnel to support emergency activities, as necessary or appropriate. (3) Management (A) Management plan (i) In general Not later than 180 days after March 12, 2019 (ii) Inclusions The management plan submitted under clause (i) shall include (I) annual cost estimates for modernization activities and operation of the System; (II) annual milestones, standards, and performance goals; and (III) recommendations for, and progress towards, establishing new, or enhancing existing, partnerships to leverage resources. (iii) Update (I) National Oceanic and Atmospheric Administration cost estimates The Secretary of Commerce shall submit to the Secretary annual cost estimates for modernization activities and support of the System for the National Oceanic and Atmospheric Administration. (II) Update of management plan The Secretary shall update the management plan submitted under clause (i) to include the cost estimates submitted under subclause (I). (B) Advisory committee The Secretary shall establish an advisory committee to assist the Secretary in implementing the System, to be comprised of representatives of relevant agencies and members of the scientific community, to be appointed by the Secretary. (C) Partnerships The Secretary may enter into cooperative agreements with institutions of higher education and State agencies designating the institutions of higher education and State agencies as volcano observatory partners for the System. (D) Coordination The Secretary shall coordinate the activities under this section with the heads of relevant Federal agencies, including (i) the Secretary of Transportation; (ii) the Administrator of the Federal Aviation Administration; (iii) the Administrator of the National Oceanic and Atmospheric Administration; and (iv) the Administrator of the Federal Emergency Management Agency. (E) Collaboration The Secretary of Commerce shall collaborate with the Secretary to implement activities carried out under this section related to the expertise of the National Oceanic and Atmospheric Administration, including observations and modeling of emissions of gases, aerosols, and ash, atmospheric dynamics and chemistry, and ocean chemistry resulting from volcanic eruptions. (4) Annual report Annually, the Secretary shall submit to Congress a report that describes the activities carried out under this section. (c) Funding (1) Authorization of appropriations, United States Geological Survey There is authorized to be appropriated to the United States Geological Survey to carry out this section $55,000,000 for the period of fiscal years 2019 through 2023. (2) Authorization of appropriations, National Oceanic and Atmospheric Administration There is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this section such sums as may be necessary for the period of fiscal years 2023 through 2024. (3) Effect on other sources of Federal funding Amounts made available under this subsection shall supplement, and not supplant, Federal funds made available for other hazards activities and programs of the United States Geological Survey and the National Oceanic and Atmospheric Administration. ( Pub. L. 1169, title V,  5001 Mar. 12, 2019 133 Stat. 766 Pub. L. 117263, div. J, title CV,  10501(a) Dec. 23, 2022 136 Stat. 3993  Editorial Notes Amendments 2022Subsec. (a)(2) to (4). Pub. L. 117263,  10501(a) Subsec. (b)(1)(B)(iii). Pub. L. 117263,  10501(b) Subsec. (b)(2)(B). Pub. L. 117263,  10501(c)(1) Subsec. (b)(2)(C). Pub. L. 117263,  10501(c)(2) Subsec. (b)(3)(A)(iii). Pub. L. 117263,  10501(d)(1) Subsec. (b)(3)(E). Pub. L. 117263,  10501(d)(2) Subsec. (c)(1). Pub. L. 117263,  10501(e)(1) Subsec. (c)(2). Pub. L. 117263,  10501(e)(3) Subsec. (c)(3). Pub. L. 117263,  10501(e)(2) Statutory Notes and Related Subsidiaries  Definition of Secretary Secretary means the Secretary of the Interior, see section 2 of Pub. L. 1169 section 1 of this title  31l. Earth Mapping Resources Initiative (a) Definition of critical mineral In this section, the term critical mineral has the meaning given the term in section 1606(a) of title 30 (b) Establishment There is established within the United States Geological Survey an initiative, to be known as the Earth Mapping Resources Initiative (referred to in this section as the Initiative). (c) Purpose The purpose of the Initiative shall be to accelerate efforts to carry out the fundamental resources and mapping mission of the United States Geological Survey by (1) providing integrated topographic, geologic, geochemical, and geophysical mapping; (2) accelerating the integration and consolidation of geospatial and resource data; and (3) providing interpretation of subsurface and above-ground mineral resources data. (d) Cooperative agreements (1) In general In carrying out the Initiative, the Director of the United States Geological Survey may enter into cooperative agreements with State geological surveys. (2) Effect Nothing in paragraph (1) precludes the Director of the United States Geological Survey from using existing contracting authorities in carrying out the Initiative. (e) Comprehensive mapping modernization (1) In general Not later than 10 years after November 15, 2021 (2) Approach In carrying out paragraph (1) with regard to minerals, mineralization, and mineral deposits, the Initiative shall focus on the full range of minerals, using a whole ore body approach rather than a single commodity approach, to emphasize all of the recoverable critical minerals in a given surface or subsurface deposit. (3) Priority In carrying out paragraph (1) with regard to minerals, mineralization, and mineral deposits, the Initiative shall prioritize mapping and assessing critical minerals. (4) Inclusions In carrying out paragraph (1), the Initiative shall also (A) map and collect data for areas containing mine waste to increase understanding of above-ground critical mineral resources in previously disturbed areas; and (B) provide for analysis of samples, including samples within the National Geological and Geophysical Data Preservation Program established under section 15908(b) of title 42 (f) Availability The Initiative shall make the geospatial data and metadata gathered by the Initiative under subsection (e)(1) electronically publicly accessible on an ongoing basis. (g) Integration of data sources The Initiative shall integrate data sources, including data from (1) the National Cooperative Geologic Mapping Program established by section 31c(a)(1) of this title (2) the National Geological and Geophysical Data Preservation Program established under section 15908(b) of title 42 (3) the USMIN Mineral Deposit Database of the United States Geological Survey; (4) the 3D Elevation Program established under section 3104(a) of this title (5) other relevant sources, including sources providing geothermal resources data. (h) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $320,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. ( Pub. L. 11758, div. D, title II,  40201 Nov. 15, 2021 135 Stat. 958  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. 11758 section 18851 of Title 42  Definition of Secretary For definition of Secretary as used in this section, see section 18701 of Title 42  32. Acting Director  The Secretary of the Interior may authorize one of the geologists to act as Director of the United States Geological Survey in the absence of that officer. ( July 31, 1894, ch. 174,  1 28 Stat. 197 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted in text for Geological Survey pursuant to provision of title I of Pub. L. 102154 section 31 of this title Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title  33. Repealed. Aug. 10, 1956, ch. 1041,  53 70A Stat. 641   Section, act June 16, 1880, ch. 235 21 Stat. 274  34. Scientific employees  The scientific employees of the United States Geological Survey shall be selected by the Director, subject to the approval of the Secretary of the Interior exclusively for their qualifications as professional experts. ( July 7, 1884, ch. 332 23 Stat. 212 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted in text for Geological Survey pursuant to provision of title I of Pub. L. 102154 section 31 of this title Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title  35. Repealed. Pub. L. 87304,  9(a)(2) Sept. 26, 1961 75 Stat. 664   Section, act June 30, 1906, ch. 3914,  1 34 Stat. 727 section 5525 of Title 5  36. Purchase of books  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 64 Stat. 1262 section 1451 of this title  36a. Acquisition of scientific or technical books, maps, etc., for library  The Director of the United States Geological Survey, under the general supervision of the Secretary of the Interior, is authorized to acquire for the United States, by gift or devise, scientific or technical books, manuscripts, maps, and related materials, and to deposit the same in the library of the United States Geological Survey for reference and use as authorized by law. ( May 14, 1940, ch. 190 54 Stat. 212 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted in text for Geological Survey pursuant to provision of title I of Pub. L. 102154 section 31 of this title Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title  36b. Acquisition of lands or interests therein for use in gaging streams or underground water resources  The Secretary of the Interior may, on behalf of the United States and for use by the United States Geological Survey in gaging streams and underground water resources, acquire lands by donation or when funds have been appropriated by Congress by purchase or condemnation, but not in excess of ten acres for any one stream gaging station or observation well site. For the same purpose the Secretary of the Interior may obtain easements, licenses, rights-of-way, and leases limited to run for such a period of time or term of years as may be required for the effective performance of the function of gaging streams and underground water resources: Provided ( Dec. 24, 1942, ch. 822 56 Stat. 1086 Pub. L. 86406 Apr. 4, 1960 74 Stat. 14 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Editorial Notes Amendments 1960 Pub. L. 86406 Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted in text for Geological Survey pursuant to provision of title I of Pub. L. 102154 section 31 of this title  36c. Acceptance of contributions from public and private sources; cooperation with other agencies in prosecution of projects  In fiscal year 1987 and thereafter the United States Geological Survey is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private. ( Pub. L. 99500,  101(h) [title I] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title I] Oct. 30, 1986 100 Stat. 3341242 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Editorial Notes Codification Pub. L. 99591 Pub. L. 99500 Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted in text for Geological Survey pursuant to provision of title I of Pub. L. 102154 section 31 of this title  36d. Cooperative agreements  Notwithstanding the provisions of the Federal Grant and Cooperative Agreement Act of 1977 ( 31 U.S.C. 6301630 November 10, 2003 ( Pub. L. 108108, 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. 95224 Feb. 3, 1978 92 Stat. 3 Pub. L. 97258 Sept. 13, 1982 96 Stat. 877 Appropriations herein, referred to in text, probably means appropriations under the headings  United States Geological Survey, surveys, investigations, and research administrative provisions Statutory Notes and Related Subsidiaries Similar Provisions Provisions similar to those in this section were contained in the following appropriation act: Pub. L. 1087, div. F, title I Feb. 20, 2003 117 Stat. 228  37. Omitted  Editorial Notes Codification Section, act June 12, 1917, ch. 27 40 Stat. 144  38. Topographic surveys; marking elevations  In making topographic surveys west of the ninety-fifth meridian elevations above a base level located in each area under survey shall be determined and marked on the ground by iron or stone posts or permanent bench marks, at least two such posts or bench marks to be established in each township, or equivalent area, except in the forest-clad and mountain areas, where at least one shall be established, and these shall be placed, whenever practicable, near the township corners of the public-land surveys; and in the areas east of the ninety-fifth meridian at least one such post or bench mark shall be similarly established in each area equivalent to the area of a township of the public land surveys. ( June 11, 1896, ch. 420 29 Stat. 435  39, 40. Omitted  Editorial Notes Codification Section 39, act Feb. 27, 1925, ch. 360,  1 43 Stat. 1011 Feb. 27, 1925 Section 40, act Feb. 27, 1925, ch. 360,  2 43 Stat. 1011  41. Publications and reports; preparation and sale  Except as otherwise provided in section 1318 of title 44 ( Mar. 3, 1879, ch. 182 20 Stat. 394 Aug. 7, 1946, ch. 770,  1(10) 60 Stat. 867 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Editorial Notes Codification  Section 1318 of title 44 section 260 of title 44 Pub. L. 90620,  2(b) Oct. 22, 1968 82 Stat. 1238 The words Except as otherwise provided in section 260 of title 44 section 260 of title 44 Pub. L. 90620 May 16, 1902 Amendments 1946Act Aug. 7, 1946 Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted in text for Geological Survey pursuant to provision of title I of Pub. L. 102154 section 31 of this title Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title  42. Distribution of maps and atlases, etc.  The Director of the United States Geological Survey is authorized and directed, on the approval of the Secretary of the Interior, to dispose of the topographic and geologic maps and atlases of the United States, made and published by the United States Geological Survey, at such prices and under such regulations as may from time to time be fixed by him and approved by the Secretary of the Interior; and a number of copies of each map or atlas, not exceeding five hundred, shall be distributed gratuitously among foreign governments and departments of our own Government to literary and scientific associations, and to such educational institutions or libraries as may be designated by the Director of the Survey and approved by the Secretary of the Interior. On and after June 7, 1924 ( Feb. 18, 1897 29 Stat. 701 June 7, 1924, ch. 303 43 Stat. 592 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Editorial Notes Codification The first sentence is from Joint Res. Feb. 18, 1897 June 7, 1924 Joint Res. Feb. 18, 1897 act June 11, 1896, ch. 420 29 Stat. 436 Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted in text for Geological Survey pursuant to provision of title I of Pub. L. 102154 section 31 of this title Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title  42a. Use of receipts from sale of maps for map printing and distribution  In fiscal year 1984 and thereafter, all receipts from the sale of maps sold or stored by the United States Geological Survey shall be available for map printing and distribution to supplement funds otherwise available, to remain available until expended. ( Pub. L. 98146, title I Nov. 4, 1983 97 Stat. 926 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted in text for Geological Survey pursuant to provision of title I of Pub. L. 102154 section 31 of this title  43. Copies to Senators, Representatives, and Delegates  One copy of each map and atlas shall be sent to each Senator and each Representative and Delegate in Congress, if published within his term; and a second copy shall be placed at the disposal of each such Senator, Representative and Delegate ( Feb. 18, 1897 29 Stat. 701  44. Sale of transfers or copies of data  The Director of the United States Geological Survey shall, if the regular map work of the Survey is in no wise interfered with thereby, furnish to any person, concern, institution, State or foreign government, that shall pay in advance the whole cost thereof with 10 per centum added, transfers or copies of any cartographic or other engraved or lithographic data in the division of engraving and printing of the Survey, and the moneys received by the Director for such transfers or copies shall be deposited in the Treasury. ( June 30, 1906, ch. 3914 34 Stat. 727 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted in text for Geological Survey pursuant to provision of title I of Pub. L. 102154 section 31 of this title Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title  45. Production and sale of copies of photographs and records; disposition of receipts  The Director of the United States Geological Survey on and after March 4, 1909 ( Mar. 4, 1909, ch. 299 35 Stat. 989 July 21, 1947, ch. 273 61 Stat. 398  Editorial Notes Amendments 1947Act July 21, 1947 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 64 Stat. 1262 section 1451 of this title  46. Omitted  Editorial Notes Codification Section, act Oct. 12, 1949, ch. 680, title I 63 Stat. 785 June 29, 1948, ch. 754 62 Stat. 1133 July 25, 1947, ch. 337 61 Stat. 477 July 1, 1946, ch. 529 60 Stat. 369 July 3, 1945, ch. 262 59 Stat. 343 June 28, 1944, ch. 298 58 Stat. 491 July 12, 1943, ch. 219 57 Stat. 477 July 2, 1942, ch. 473 56 Stat. 537 June 28, 1941, ch. 259 55 Stat. 339 June 18, 1940, ch. 395 54 Stat. 439 May 10, 1939, ch. 119 53 Stat. 719 May 9, 1938, ch. 187 52 Stat. 325 Aug. 9, 1937, ch. 570 50 Stat. 598 June 22, 1936, ch. 691 49 Stat. 1785 May 9, 1935, ch. 101 49 Stat. 200 Mar. 2, 1934, ch. 38 48 Stat. 382 Feb. 17, 1933, ch. 98 47 Stat. 846 Apr. 22, 1932, ch. 125 47 Stat. 118 Feb. 14, 1931, ch. 187 46 Stat. 1147 May 14, 1930, ch. 273 46 Stat. 310 Mar. 4, 1929, ch. 705 45 Stat. 1594 Mar. 7, 1928, ch. 137 45 Stat. 231 Jan. 12, 1927, ch. 27 44 Stat. 961 May 10, 1926, ch. 277 44 Stat. 486 Mar. 3, 1925, ch. 462 43 Stat. 1172 June 5, 1924, ch. 264 43 Stat. 419 Jan. 24, 1923, ch. 42 42 Stat. 1208 May 24, 1922, ch. 199 42 Stat. 586  47. Repealed. Aug. 7, 1946, ch. 770,  1(11) 60 Stat. 867   Section, act May 10, 1926, ch. 277 44 Stat. 487  48. Omitted  Editorial Notes Codification Section, act Jan. 12, 1927, ch. 27 44 Stat. 963 June 30, 1928 May 10, 1926, ch. 277 44 Stat. 487  49. Extension of cooperative work to Puerto Rico  The provisions of law authorizing the making of topographic and geological surveys and conducting investigations relating to mineral and water resources by the United States Geological Survey in various portions of the United States be, and the same are, extended to authorize such surveys and investigations in Puerto Rico. ( June 17, 1935, ch. 268 49 Stat. 386  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 64 Stat. 1262 section 1451 of this title  50. Surveys share of cost of topographic mapping or water resources investigations carried on with States  The share of the United States Geological Survey in any topographic mapping or water resources data collection and investigations carried on in cooperation with any State or municipality shall not exceed 50 per centum of the cost thereof. ( Pub. L. 117328, div. G, title I Dec. 29, 2022 136 Stat. 4768  Editorial Notes Codification Section text is based on act July 31, 1953, ch. 298, title I,  1 67 Stat. 269 Prior Provisions Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 117103, div. G, title I Mar. 15, 2022 136 Stat. 356 Pub. L. 116260, div. G, title I Dec. 27, 2020 134 Stat. 1486 Pub. L. 11694, div. D, title I Dec. 20, 2019 133 Stat. 2695 Pub. L. 1166, div. E, title I Feb. 15, 2019 133 Stat. 214 Pub. L. 115141, div. G, title I Mar. 23, 2018 132 Stat. 643 Pub. L. 11531, div. G, title I May 5, 2017 131 Stat. 444 Pub. L. 114113, div. G, title I Dec. 18, 2015 129 Stat. 2534 Pub. L. 113235, div. F, title I Dec. 16, 2014 128 Stat. 2404 Pub. L. 11376, div. G, title I Jan. 17, 2014 128 Stat. 296 Pub. L. 11274, div. E, title I Dec. 23, 2011 125 Stat. 993 Pub. L. 11188, div. A, title I Oct. 30, 2009 123 Stat. 2913 Pub. L. 1118, div. E, title I Mar. 11, 2009 123 Stat. 710 Pub. L. 110161, div. F, title I Dec. 26, 2007 121 Stat. 2108 Pub. L. 10954, title I Aug. 2, 2005 119 Stat. 510 Pub. L. 108447, div. E, title I Dec. 8, 2004 118 Stat. 3052 Pub. L. 108108, title I Nov. 10, 2003 117 Stat. 1254 Pub. L. 1087, div. F, title I Feb. 20, 2003 117 Stat. 228 Pub. L. 10763, title I Nov. 5, 2001 115 Stat. 427 Pub. L. 106291, title I Oct. 11, 2000 114 Stat. 931 Pub. L. 106113, div. B,  1000(a)(3) [title I] Nov. 29, 1999 113 Stat. 1535 Pub. L. 105277, div. A,  101(e) [title I] Oct. 21, 1998 112 Stat. 2681231 Pub. L. 10583, title I Nov. 14, 1997 111 Stat. 1552 Pub. L. 104208, div. A, title I,  101(d) [title I] Sept. 30, 1996 110 Stat. 3009181 Pub. L. 104134, title I,  101(c) [title I] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 103332, title I Sept. 30, 1994 108 Stat. 2507 Pub. L. 103138, title I Nov. 11, 1993 107 Stat. 1387 Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1384 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000 Pub. L. 101512, title I Nov. 5, 1990 104 Stat. 1924 Pub. L. 101121, title I Oct. 23, 1989 103 Stat. 710 Pub. L. 100446, title I Sept. 27, 1988 102 Stat. 1790 Pub. L. 100202,  101(g) [title I] Dec. 22, 1987 101 Stat. 1329213 Pub. L. 99500,  101(h) [title I] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title I] Oct. 30, 1986 100 Stat. 3341242 Pub. L. 99190,  101(d) [title I] Dec. 19, 1985 99 Stat. 1224 Pub. L. 98473, title I,  101(c) [title I] Oct. 12, 1984 98 Stat. 1837 Pub. L. 98146, title I Nov. 4, 1983 97 Stat. 926 Pub. L. 97394, title I Dec. 30, 1982 96 Stat. 1972 Pub. L. 97100, title I Dec. 23, 1981 95 Stat. 1397 Pub. L. 96514, title I Dec. 12, 1980 94 Stat. 2963 Pub. L. 96126, title I Nov. 27, 1979 93 Stat. 961 Pub. L. 95465, title I Oct. 17, 1978 92 Stat. 1285 Pub. L. 9574, title I July 26, 1977 91 Stat. 290 Pub. L. 94373, title I July 31, 1976 90 Stat. 1048 Pub. L. 94165, title I Dec. 23, 1975 89 Stat. 983 Pub. L. 93404, title I Aug. 31, 1974 88 Stat. 808 Pub. L. 93120, title I Oct. 4, 1973 87 Stat. 434 Pub. L. 92369, title I Aug. 10, 1972 86 Stat. 513 Pub. L. 9276, title I Aug. 10, 1971 85 Stat. 234 Pub. L. 91361, title I July 31, 1970 84 Stat. 674 Pub. L. 9198, title I Oct. 29, 1969 83 Stat. 152 Pub. L. 90425, title I July 26, 1968 82 Stat. 431 Pub. L. 9028, title I June 24, 1967 81 Stat. 64 Pub. L. 89435, title I May 31, 1966 80 Stat. 175 Pub. L. 8952, title I June 28, 1965 79 Stat. 181 Pub. L. 88356, title I July 7, 1964 78 Stat. 280 Pub. L. 8879, title I July 26, 1963 77 Stat. 103 Pub. L. 87578, title I Aug. 9, 1962 76 Stat. 341 Pub. L. 87122, title I Aug. 3, 1961 75 Stat. 252 Pub. L. 86455, title I May 13, 1960 74 Stat. 108 Pub. L. 8660, title I June 23, 1959 73 Stat. 96 Pub. L. 85439, title I June 4, 1958 72 Stat. 159 Pub. L. 8577, title I July 1, 1957 71 Stat. 261 June 13, 1956, ch. 380 70 Stat. 261 June 16, 1955, ch. 147 69 Stat. 145 July 1, 1954, ch. 446 68 Stat. 368 July 31, 1953, ch. 298 67 Stat. 269 July 9, 1952, ch. 597 66 Stat. 454 Aug. 31, 1951, ch. 375 65 Stat. 259 Sept. 6, 1950, ch. 896 64 Stat. 690  501. Funds for mappings and investigations considered intragovernmental funds  Beginning October 1, 1990 ( Pub. L. 101512, title I Nov. 5, 1990 104 Stat. 1924  50a. Working capital fund for United States Geological Survey  There is hereby established in the Treasury of the United States a working capital fund to assist in the management of certain support activities of the United States Geological Survey (hereafter referred to as the Survey), Department of the Interior. The fund shall be available on and after November 5, 1990 There are authorized to be transferred to the fund, at fair and reasonable values at the time of transfer, inventories, equipment, receivables, and other assets, less liabilities, related to the functions to be financed by the fund as determined by the Secretary of the Interior: Provided Provided further Provided further November 5, 1990 Public Law 99190 Provided further ( Pub. L. 101512, title I Nov. 5, 1990 104 Stat. 1924 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000 Pub. L. 103332, title I Sept. 30, 1994 108 Stat. 2507  Editorial Notes  References in Text Provisions relating to the special fund authorized by Public Law 99190 Prior Provisions A prior section 50a, Pub. L. 99190,  101(d) [title I] Dec. 19, 1985 99 Stat. 1224 Amendments 1994 Pub. L. 103332 Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted for Geological Survey in first paragraph pursuant to provision of title I of Pub. L. 102154 section 31 of this title  50b. Recording of obligations against accounts receivable and crediting of amounts received; work involving cooperation with State, Territory, etc.  Before, on, and after October 18, 1986 ( Pub. L. 99500,  101(h) [title I] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title I] Oct. 30, 1986 100 Stat. 3341242 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Editorial Notes  References in Text This appropriation, referred to in text, probably means appropriations under the headings  Geological Survey surveys, investigations, and research Codification Pub. L. 99591 Pub. L. 99500 In text, Before, on, and after October 18, 1986 Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted in text for Geological Survey pursuant to provision of title I of Pub. L. 102154 section 31 of this title  50c. Payment of costs incidental to utilization of services of volunteers  Appropriations herein and on and after December 22, 1987 December 22, 1987 Provided further ( Pub. L. 100202,  101(g) [title I] Dec. 22, 1987 101 Stat. 1329213 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Editorial Notes  References in Text Appropriations herein, referred to in text, probably means appropriations under the headings  Geological Survey, surveys, investigations, and research administrative provisions Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted in text for Geological Survey pursuant to provision of title I of Pub. L. 102154 section 31 of this title  50d. Services of students or recent graduates  The United States Geological Survey may on and after November 29, 1999 section 6101 of title 41 ( Pub. L. 106113, div. B,  1000(a)(3) [title I] Nov. 29, 1999 113 Stat. 1535  Editorial Notes Codification In text,  section 6101 of title 41 41 U.S.C. 5 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854 Prior Provisions Provisions similar to those in this section were contained in Pub. L. 105277, div. A,  101(e) [title I] Oct. 21, 1998 112 Stat. 2681231  50e. USGS energy and minerals research facility (a) Establishment The Director of the United States Geological Survey (referred to in this section as the Director), 1 1 (b) Ownership The United States Geological Survey shall retain ownership of the facility and associated structures described in subsection (a). (c) Agreements The Director may enter into agreements with, and to collect and expend funds or in-kind contributions from, academic, Federal, State, or other tenants over the life of the facility described in subsection (a) for the purposes of (1) facility planning; (2) design; (3) maintenance; (4) operation; or (5) facility improvements. (d) Leases The Director may enter into a lease or other agreement with the academic partner with which the Director has entered into a cooperative agreement under subsection (a), at no cost to the Federal Government, to obtain land on which to construct the facility described in that subsection for a term of not less than 99 years. (e) Reports The Director shall submit to Congress annual reports on (1) the facility described in subsection (a); and (2) the authorities used under this section. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary of the Interior to carry out this section $167,000,000 for fiscal year 2022, to remain available until expended. ( Pub. L. 11758, div. D, title II,  40204 Nov. 15, 2021 135 Stat. 960  Statutory Notes and Related Subsidiaries Wage Rate Requirements For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758 section 18851 of Title 42 CHAPTER 3 SURVEYS    Sec.  51. Omitted.  52. Surveying duties.  53. Powers devolved on Secretary of the Interior on turning over of papers to States.  54. Completion of surveys; delivery to States.  55. Field notes delivered to States; access to.  56. Conditions of delivery to States.  57. Authenticated copies or extracts from records as evidence.  58. Transcripts from records of Louisiana.  59. Official papers in office of surveyor general in California; copies.  60. Stationery for mineral surveys.  61 63. Repealed.  51. Omitted  Editorial Notes Codification Section, act Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100 section 1 of this title The office of surveyor general abolished in certain States by acts July 31, 1876, ch. 246 19 Stat. 121 Oct. 2, 1888, ch. 1069 25 Stat. 525 So far as they were not already superseded or obsolete by reason of abolition or discontinuance of the office, or otherwise, the following provisions were superseded by former provisions of this section: R.S.  2207, providing for appointment of surveyors general in States and territories therein named, and acts Apr. 10, 1890, ch. 77,  1 26 Stat. 53 July 24, 1897, ch. 14,  2 30 Stat. 215 R.S.  2208 to 2211; acts Apr. 10, 1890, ch. 77,  2 26 Stat. 53 July 24, 1897, ch. 14,  3 30 Stat. 215 R.S.  2212 to 2214, concerning number and location, of offices, and place of residence, of surveyors general. R.S.  2215 and 2216, concerning bonds of surveyors general; R.S.  2217, concerning duration of term of office of surveyors general; R.S.  2226 and 2227, concerning allowances for clerk hire and office expenses; Act Mar. 3, 1893, ch. 211 27 Stat. 709 act May 24, 1922, ch. 199 42 Stat. 556  52. Surveying duties  The Secretary of the Interior or such officer as he may designate shall engage a sufficient number of skillful surveyors as his deputies, to whom he is authorized to administer the necessary oaths upon their appointments. He shall have authority to frame regulations for their direction, not inconsistent with law or the instructions of the Bureau of Land Management, and to remove them for negligence or misconduct in office. Second. He shall cause to be surveyed, measured, and marked, without delay, all base and meridian lines through such points and perpetuated by such monuments, and such other correction parallels and meridians as may be prescribed by law or by instructions from the Bureau of Land Management, in respect to the public lands to which the Indian title has been or may be extinguished. Third. He shall cause to be surveyed all private land claims after they have been confirmed by authority of Congress, so far as may be necessary to complete the survey of the public lands. Fourth. He shall transmit to the officer, as the Secretary of the Interior may designate, of the respective land offices general and particular plats of all lands surveyed by him for each land district; and he shall forward copies of such plats to such officer as the Secretary may designate. Fifth. He shall, so far as is compatible with the desk duties of his office, occasionally inspect the surveying operations while in progress in the field, sufficiently to satisfy himself of the fidelity of the execution of the work according to contract, and the actual and necessary expenses incurred by him while so engaged shall be allowed; and where it is incompatible with his other duties for the Secretary of the Interior or such officer as he may designate to devote the time necessary to make a personal inspection of the work in progress, then he is authorized to depute a confidential agent to make such examination; and the actual and necessary expenses of such person shall be allowed and paid for that service, and $5 a day during the examination in the field; but such examination shall not be protracted beyond thirty days; and in no case longer than is actually necessary; and when the Secretary or such officer, or any person employed in his office at a regular salary, is engaged in such special service, he shall receive only his necessary expenses in addition to his regular salary. (R.S.  2223; Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100  Editorial Notes Codification Provisions different from those of the fifth paragraph of this section, for inspection of surveying operations, were made by several Sundry Civil Appropriation Acts, in connection with the appropriations for surveys and resurveys, and limited to the expenditure of the particular appropriation. R.S.  2223 derived from acts May 18, 1796, ch. 29,  1 1 Stat. 464 Apr. 29, 1816, ch. 151,  1 3 Stat. 325 Mar. 3, 1831, ch. 116,  1 4 Stat. 492 Mar. 3, 1853, ch. 145 10 Stat. 245 Apr. 24, 1874, ch. 127 18 Stat. 34 Aug. 9, 1876, ch. 256 19 Stat. 126 Statutory Notes and Executive Documents  Transfer of Functions References to Supervisor of Surveys and Commissioner of General Land Office changed to Secretary of the Interior or such officer as he may designate, reference to manager changed to officer designated by Secretary of the Interior, and Bureau of Land Management substituted for General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title Previously, references to surveyors general were changed to supervisor of surveys and provisions limiting application of section to points within his surveying district were omitted on authority of act Mar. 3, 1925  53. Powers devolved on Secretary of the Interior on turning over of papers to States  In all cases where, as provided in section 54 of this title (R.S.  2219; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 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 64 Stat. 1262 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  54. Completion of surveys; delivery to States  The Secretary of the Interior shall take all the necessary measures for the completion of the surveys in the several surveying districts, at the earliest periods compatible with the purposes contemplated by law; and whenever the surveys and records of any such district are completed, the Secretary of the Interior or such officer as he may designate shall deliver over to the secretary of state of the respective States, including such surveys, or to such other officer as may be authorized to receive them, all the field notes, maps, records, and other papers appertaining to land titles within the same. (R.S.  2218; June 5, 1924, ch. 264 43 Stat. 394 Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100  Editorial Notes Codification The original text of R.S.  2218 provided for completion of surveys in the several surveying-districts for which surveyors general have been, or may be, appointed and also provided that the surveyor general thereof shall be required to deliver over all papers appertaining to land titles within the district, and the office of surveyor general in every such district shall thereafter cease and be discontinued. The references to the surveyors general were omitted in view of act Mar. 3, 1925 section 51 of this title R.S.  2207, formerly cited as a credit to this section, which provided for appointment of surveyors general, was superseded by act Mar. 3, 1925 section 51 of this title act Mar. 3, 1933, ch. 202,  1 47 Stat. 1429 Act June 5, 1924 Act May 25, 1906, ch. 2554 34 Stat. 199 Provisions of act Oct. 2, 1888, ch. 1069 25 Stat. 525 All records, etc., belonging to office of recorder of land titles for Missouri were delivered to State upon discontinuance of office, by provisions of act June 6, 1874, ch. 223,  3 act July 31, 1876, ch. 246 R.S.  2218 derived from acts June 12, 1840, ch. 36,  1 5 Stat. 384 July 31, 1876, ch. 246 19 Stat. 121 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 64 Stat. 1262 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  55. Field notes delivered to States; access to  Under the authority and direction of the Secretary of the Interior or such officer as he may designate, any deputy surveyor or other agent of the United States shall have free access to any field notes, maps, records, and other papers, mentioned in section 53 of this title (R.S.  2220; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Editorial Notes Codification The word such before field notes was omitted and the words mentioned in section 53 of this title R.S.  2220 derived from act Jan. 22, 1853, ch. 24,  2 10 Stat. 152 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 64 Stat. 1262 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  56. Conditions of delivery to States  The field notes, maps, records, and other papers mentioned in section 53 of this title (R.S.  2221.)  Editorial Notes Codification R.S.  2221 derived from acts Jan. 22, 1853, ch. 24,  3 10 Stat. 152 June 6, 1874, ch. 223,  3 18 Stat. 62  57. Authenticated copies or extracts from records as evidence  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 July 16, 1946 60 Stat. 1100  Editorial Notes Codification This section is from a part of R.S.  2224, as affected by act Mar. 3, 1925 Mar. 3, 1925 section 51 of this title Mar. 3, 1925 section 51 of this title R.S.  2224 derived from act Mar. 3, 1853, ch. 145 10 Stat. 245 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 64 Stat. 1262 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  58. Transcripts from records of Louisiana  Any copy of a plat of survey, or transcript from the records of the office of the former surveyor general of Louisiana, duly certified, shall be admitted as evidence in all the courts of the United States and the Territories thereof. (R.S.  2225.)  Editorial Notes Codification The word former was inserted in text before surveyor general because of the discontinuance of the office of surveyor general in Louisiana. R.S.  2225 derived from act Mar. 3, 1831, ch. 116,  5 4 Stat. 493  59. Official papers in office of surveyor general in California; copies  All official books, papers, instruments of writing, documents, archives, official seals, stamps, or dies, which have been authorized by law to be collected and deposited in the surveyor generals office in California, shall be safely and securely kept by the Secretary of the Interior, or such officer as he may designate, in the archives of his office until disposed of as provided by law; and copies thereof, authenticated by the Secretary or such officer under his seal of office, shall be evidence in all cases where the originals would be evidence. (R.S.  2229; Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100 Oct. 25, 1951, ch. 562,  3(3) 65 Stat. 639  Editorial Notes Codification R.S.  2229 derived from act May 18, 1858, ch. 39,  1 11 Stat. 289 Amendments 1951Act Oct. 25, 1951 Statutory Notes and 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 64 Stat. 1262 section 1451 of this title Secretary of the Interior or such officer as he may designate substituted for Supervisor of Surveys on authority on section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title Previously, Supervisor of Surveys was substituted for surveyor general by act Mar. 3, 1925  60. Stationery for mineral surveys  The stationery and drafting instruments purchased on and after March 3, 1901 ( Mar. 3, 1901, ch. 830,  1 31 Stat. 1003 Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100  Statutory Notes and 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 64 Stat. 1262 section 1451 of this title Secretary of the Interior or such officer as he may designate substituted for Field Surveying Service on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title Previously, Field Surveying Service substituted for surveyors-general on authority of act Mar. 3, 1925  61 to 63. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section 61, R.S.  2230; act Mar. 3, 1925, ch. 462 43 Stat. 1144  Section 62, R.S.  2231, act Mar. 3, 1925, ch. 462 43 Stat. 1144  Section 63, R.S.  2232; act Mar. 3, 1925, ch. 462 43 Stat. 1144 CHAPTER 4 DISTRICT LAND OFFICES    Sec.  70 74. Repealed or Omitted.  75. Administration of oaths.  75a 79b. Repealed.  79c. Payment of fees, commissions, etc.; deposit in Treasury.  79d. Alaska land claimant liable for fees, commissions or purchase money; deposit in Treasury.  80 82. Repealed.  83. Transcripts of records as evidence.  84 85. Repealed or Omitted.  86. Accounting for fees for notices of cancellation of entries.  87 88. Repealed.  89. Monthly returns of district land offices.  90. Omitted.  91. Deposit in Treasury of unearned fees and unofficial moneys.  92. Lists furnished with deposits.  93. Deposit of moneys deposited by unknown parties.  94. Reimbursement of sums disbursed as special disbursing agents.  95 98a. Repealed.  99. Repayment of moneys deposited and covered into Treasury.  100. Disqualification.  101. Report of disqualification; designation of officer to act.  102. Attendance of witnesses.  103. Witnesses fees.  104. Disobedience to subpoena.  105. Depositions of witnesses residing outside county.  106. Continuing taking of depositions in behalf of opposite party.  107. Penalty for false information.  70 to 73. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632   Section 70, act Oct. 28, 1921, ch. 114,  1 42 Stat. 208  Section 71, act Mar. 3, 1925, ch. 462 43 Stat. 1145 July 1, 1925  Section 72, R.S.  2334; acts Jan. 27, 1898, ch. 10 30 Stat. 234 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 60 Stat. 1100  Section 73, act Oct. 28, 1921, ch. 114,  2 42 Stat. 208 Editorial Notes Prior Provisions Provisions similar to section 71 of this title Jan. 24, 1923, ch. 42 42 Stat. 1179 June 30, 1922, ch. 255,  1 42 Stat. 766 May 24, 1922, ch. 199 42 Stat. 557 Mar. 24, 1921, ch. 161 41 Stat. 1397 June 5, 1920, ch. 235 41 Stat. 907 July 19, 1919, ch. 24 41 Stat. 194 Act May 24, 1922, ch. 199 42 Stat. 557 Act May 2, 1914, ch. 74 38 Stat. 371 Act. Mar. 2, 1895, ch. 177,  3 28 Stat. 807 Act. Oct. 1, 1890, ch. 1269,  2 26 Stat. 657  74. Omitted  Editorial Notes Codification Section, R.S.  2228, acts Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100 section 1 of this title  75. Administration of oaths  The officer designated by the Secretary of the Interior is authorized, and it shall be his duty, to administer any oath required by law or the instructions of the Bureau of Land Management, in connection with the entry or purchase of any tract of the public lands; but he shall not charge or receive, directly or indirectly, any compensation for administering such oath. (R.S.  2246; Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Editorial Notes Codification The words or receiver which followed register in the original text were omitted, in view of act Mar. 3, 1925 section 71 of this title R.S.  2246 derived from act June 12, 1840, ch. 35 5 Stat. 384 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 64 Stat. 1262 section 1451 of this title Reference to register changed to officer designated by the Secretary of the Interior and Bureau of Land Management substituted for General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  75a to 79b. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632   Section 75a, act May 17, 1926, ch. 303 44 Stat. 558  Section 76, R.S.  2244; acts Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145  Section 77, R.S.  2222; acts Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145  Section 78, R.S.  2235; acts Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145  Section 79, R.S.  2236; acts Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145  Section 79a, act Apr. 24, 1944, ch. 177,  1 58 Stat. 215  Section 79b, act Apr. 24, 1944, ch. 177,  2 58 Stat. 215  79c. Payment of fees, commissions, etc.; deposit in Treasury  No provision of this Act shall relieve any public land applicant or claimant from the necessity of making payment of fees, commissions, or other moneys required by law or regulation. Commencing sixty days after April 24, 1944 ( Apr. 24, 1944, ch. 177,  3 58 Stat. 215 July 16, 1946 60 Stat. 1100  Editorial Notes  References in Text This Act, referred to in text, is act Apr. 24, 1944, ch. 177 58 Stat. 215 Statutory Notes and Related Subsidiaries Repeals Act Apr. 24, 1944, ch. 177,  4 58 Stat. 215 Sections 2237 and 2240 of the Revised Statutes and the act of May 21, 1928 45 Stat. 684 Extension to Alaska Act Apr. 24, 1944, ch. 177,  5 58 Stat. 215 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 64 Stat. 1262 section 1451 of this title Words officials of district land offices substituted for registers on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  79d. Alaska land claimant liable for fees, commissions or purchase money; deposit in Treasury  No provision of this Act shall relieve any public land claimant from the necessity of making payment of fees, commissions, or purchase money required by law or regulation in connection with an application, selection, location, or lease of public lands in Alaska, and all such payments, when made, shall be covered into the Treasury of the United States. ( Oct. 9, 1942, ch. 584,  5 56 Stat. 779  Editorial Notes  References in Text This Act, referred to in text, is act Oct. 9, 1942, ch. 584 56 Stat. 778 section 366 of Title 48 Codification Section was formerly classified to section 367a of Title 48  80, 80a. Repealed. Apr. 24, 1944, ch. 177,  4 58 Stat. 215   Section 80, R.S.  2237, 2240; acts Oct. 28, 1921, ch. 114,  1 42 Stat. 208 May 21, 1928, ch. 661 45 Stat. 684 Aug. 22, 1935, ch. 602 49 Stat. 680 Oct. 9, 1942, ch. 584,  7 56 Stat. 779 Sept. 1, 1935 section 79c of this title  Section 80a, R.S.  2237, 2240, provided that receivers should be paid $500 per annum together with fees and commissions limited to $3,000 per annum. See section 79c of this title  81. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632   Section, R.S.  2243; acts Oct. 28, 1921, ch. 115,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145  82. Repealed. Pub. L. 86649, title II,  202(b) July 14, 1960 74 Stat. 507   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 section 1734 of this title  83. Transcripts of records as evidence  Transcripts of the records in the district land offices, when made and duly certified to by the Secretary of the Interior or such officers as he may designate for individuals, shall be admitted as evidence in all courts of the United States and the Territories thereof, and before all officials authorized to receive evidence, with the same force and effect as the original records. ( Mar. 22, 1904, ch. 748 33 Stat. 144 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Editorial Notes Codification The words and receivers which followed registers in the original text were omitted as superseded by acts Oct. 28, 1921 Mar. 3, 1925 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 64 Stat. 1262 section 1451 of this title Words district land offices substituted for offices of registers and the Secretary of the Interior or such officers as he may designate substituted for them on authority of section 403 of 1946 Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  84. Repealed. Pub. L. 86649, title II,  202(b) July 14, 1960 74 Stat. 507   Section, R.S.  2239; acts Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 section 1734 of this title  85. Omitted  Editorial Notes Codification Section, acts Mar. 3, 1887, ch. 362 24 Stat. 526 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 May 21, 1928, ch. 661 45 Stat. 684  86. Accounting for fees for notices of cancellation of entries  On and after March 4, 1911 ( Mar. 4, 1911, ch. 261 36 Stat. 1352 July 16, 1946 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 64 Stat. 1262 section 1451 of this title References to registers of United States land offices and such registers changed to Secretary of the Interior or such officers as he may designate and the Secretary or such officers, respectively, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  87, 88. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632   Section 87, acts Mar. 3, 1883, ch. 101,  2 22 Stat. 484 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 60 Stat. 1100  Section 88, R.S.  2242; acts Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145  89. Monthly returns of district land offices  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 July 16, 1946 60 Stat. 1100  Editorial Notes Codification The office of receiver consolidated with that of register by act Mar. 3, 1925 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 64 Stat. 1262 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  90. Omitted  Editorial Notes Codification Section, act July 1, 1946, ch. 529 60 Stat. 352 July 16, 1946 60 Stat. 1100 section 1 of this title act July 25, 1947, ch. 337 61 Stat. 460 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  91. Deposit in Treasury of unearned fees and unofficial moneys  Officers of district land officers, as designated by the Secretary of the Interior are authorized, under the direction of the Secretary of the Interior or such officer as he may designate, to deposit to the credit of the Treasurer of the United States all unearned fees and unofficial moneys that have been carried upon the books of their respective offices for a period of five years or more, which sums shall be covered into the Treasury by warrant and carried to the credit of the parties from whom such fees or moneys were received, and into an appropriation account to be denominated Outstanding liabilities. ( Mar. 2, 1907, ch. 2562,  1 34 Stat. 1245 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Editorial Notes Codification This section, as originally enacted, related to receivers of public moneys for land districts. The office of receiver was consolidated with that of register by acts Mar. 3, 1925 Oct. 28, 1921 Statutory Notes and Related Subsidiaries Appropriations Effective July 1, 1935 act June 26, 1934, ch. 756,  17 48 Stat. 1230 Pub. L. 97258,  5(b) Sept. 13, 1982 96 Stat. 1074 section 1322 of Title 31 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 64 Stat. 1262 section 1451 of this title Officers of district land offices, as designated by the Secretary of the Interior, substituted for registers and Secretary of the Interior or such officer as he may designate substituted for Commissioner of the General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  92. Lists furnished with deposits  At the time of making such deposit the officer designated by the Secretary of the Interior shall furnish a list showing the date when the money was paid to him or to his predecessor; the names and residences of the parties; the purposes of the payments and the amounts thereof, which list shall bear the certificate of the officer that the same is correct; that the amounts are due and payable; that diligence has been exercised to return the same, and that the sums specified have remained unclaimed for a period of five years or more. ( Mar. 2, 1907, ch. 2562,  2 34 Stat. 1245 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Editorial Notes Codification This section, as originally enacted, related to receivers of public moneys for land districts. The office of receiver was consolidated with that of register by acts Mar. 3, 1925 Oct. 28, 1921 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 64 Stat. 1262 section 1451 of this title Words officer designated by the Secretary of the Interior and officer substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  93. Deposit of moneys deposited by unknown parties  Amounts that appear in the accounts of a district land office as Moneys deposited by unknown parties shall also be deposited to the credit of the Treasurer of the United States, accompanied by a list showing the amount and, if possible, the date of the receipt of each item; which list shall bear the certificate of the officer designated by the Secretary of the Interior that, after careful investigation, the ownership of said moneys could not be determined, and that they have been reported in the unearned fees and unofficial moneys accounts for five years or more. ( Mar. 2, 1907, ch. 2562,  3 34 Stat. 1245 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Editorial Notes Codification This section, as originally enacted, related to receivers of public moneys for land districts. The office of receiver was consolidated with that of register by acts Mar. 3, 1925 Oct. 28, 1921 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 64 Stat. 1262 section 1451 of this title Words the accounts of a district land office substituted for a registers accounts and officer designated by the Secretary of the Interior substituted for register on authority of section 403 of 1946 Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  94. Reimbursement of sums disbursed as special disbursing agents  The Secretary of the Treasury is authorized and directed to pay, out of any unexpended balances of appropriations for contingent expenses of land offices, for the expenses of hearings in land entries and the expenses of depositing public moneys, such sums as have been or may be disbursed by officers designated by the Secretary of the Interior acting as special disbursing agents at United States land offices, before the receipt of Government funds: Provided Provided Provided further ( Mar. 2, 1907, ch. 2563 34 Stat. 1245 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Editorial Notes Codification This section, as originally enacted, referred to receivers of public moneys. The office of receiver was consolidated with that of register by acts Mar. 3, 1925 Oct. 28, 1921 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 64 Stat. 1262 section 1451 of this title Officers designated by the Secretary of the Interior substituted for registers and Secretary of the Interior or such officer as he may designate substituted for Commissioner of the General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  95 to 98a. Repealed. Pub. L. 86649, title II,  204(b) July 14, 1960 74 Stat. 507   Section 95, acts Mar. 26, 1908, ch. 102,  1 35 Stat. 48 Dec. 11, 1919, ch. 5 41 Stat. 366  Section 96, acts Mar. 26, 1908, ch. 102,  2 35 Stat. 48 Dec. 11, 1919, ch. 5 41 Stat. 366  Section 97, acts Mar. 26, 1908, ch. 102,  3 35 Stat. 48 Dec. 11, 1919, ch. 5 41 Stat. 366 July 16, 1946 60 Stat. 1100  Section 98, act Mar. 26, 1908, ch. 102,  4 Dec. 11, 1919, ch. 5 41 Stat. 367  Section 98a, act June 27, 1930, ch. 642 46 Stat. 822  99. Repayment of moneys deposited and covered into Treasury  Any person or persons who shall have made payment to an officer designated by the Secretary of the Interior or to his predecessor, and the money shall have been covered into the Treasury pursuant to section 91 or 93 of this title, shall, on presenting satisfactory evidence of such payment to the Government Accountability Office, be entitled to have the same returned by the settlement of an account and the issuing of a warrant in his favor according to the practice in other cases of authorized and liquidated claims against the United States: Provided Provided ( Mar. 2, 1907, ch. 2562,  4 34 Stat. 1245 June 10, 1921, ch. 18 42 Stat. 24 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814  Editorial Notes Codification This section, as originally enacted, related to receivers of public moneys for land districts. The office of receiver was consolidated with that of register by acts Mar. 3, 1925 Oct. 28, 1921 Statutory Notes and Related Subsidiaries  Change of Name and Transfer of Functions Government Accountability Office substituted in text for General Accounting Office pursuant to section 8(b) of Pub. L. 108271 section 702 of Title 31 June 10, 1921 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 64 Stat. 1262 section 1451 of this title Words officer designated by the Secretary of the Interior substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  100. Disqualification  No officer shall receive evidence in, hear, or determine any cause pending in any district land office in which cause he is interested directly or indirectly, or has been of counsel, or where he is related to any of the parties in interest by consanguinity or affinity within the fourth degree, computing by the rules adopted by the common law. ( Jan. 11, 1894, ch. 10,  1 28 Stat. 26 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Editorial Notes Codification This section, as originally enacted, was applicable to both registers and receivers. The office of receiver was abolished by acts Oct. 28, 1921 Mar. 3, 1925 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 64 Stat. 1262 section 1451 of this title Word officer substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  101. Report of disqualification; designation of officer to act  It shall be the duty of every officer so disqualified to report the fact of his disqualification to the Secretary of the Interior or such officer as he may designate as soon as he shall ascertain it, and before the hearing of such cause, who thereupon, with the approval of the Secretary of the Interior, shall designate some other officer or special agent of the Land Department to act in the place of the disqualified officer, and the same authority is conferred on the officer so designated which such officer would otherwise have possessed to act in such case. ( Jan. 11, 1894, ch. 10,  2 28 Stat. 26 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Statutory Notes and 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 64 Stat. 1262 section 1451 of this title Word officer substituted for register and Secretary of the Interior or such officer as he may designate substituted for Commissioner of the General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title Act Mar. 3, 1925  102. Attendance of witnesses  Officers of district land offices designated by the Secretary of the Interior in all matters requiring a hearing before them are authorized and empowered to issue subpoenas directing the attendance of witnesses, which subpoenas may be served by any person by delivering a true copy thereof to such witness, and when served, witnesses shall be required to attend in obedience thereto: Provided Provided further ( Jan. 31, 1903, ch. 344,  1 32 Stat. 790 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Editorial Notes Codification The original text of this section referred to both registers and receivers, but reference to the latter was omitted in view of the abolition of such office under acts Oct. 28, 1921 Mar. 3, 1925 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 64 Stat. 1262 section 1451 of this title Officers of district land offices designated by the Secretary of the Interior substituted for Registers of the land office, or either of them, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  103. Witnesses fees  Witnesses shall have the right to receive their fee for one days attendance and mileage in advance. The fees and mileage of witnesses shall be the same as that provided by law in the district courts of the United States in the district in which such land offices are situated; and the witness shall be entitled to receive his fee for attendance in advance from day to day during the hearing. ( Jan. 31, 1903, ch. 344,  2 32 Stat. 790  104. Disobedience to subpoena  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 ( 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  105. Depositions of witnesses residing outside county  Whenever the witness resides outside the county in which the hearing occurs any party to the proceeding may take the testimony of such witness in the county of such witnesss residence in the form of depositions by giving ten days written notice of the time and place of taking such depositions to the opposite party or parties. The depositions may be taken before any United States magistrate judge, notary public, judge, or clerk of a court of record. Subpoenas for witnesses before the officer taking depositions may issue from the office of the officer designated by the Secretary of the Interior or may be issued by the officer taking the depositions, and disobedience thereof, as defined in section 104 of this title ( Jan. 31, 1903, ch. 344,  4 32 Stat. 790 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100 Pub. L. 90578, title IV,  402(b)(2) Oct. 17, 1968 82 Stat. 1118 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Editorial Notes Codification The original text of this section referred to both registers and receivers, but reference to the latter was omitted in view of the abolition of such office under acts Mar. 3, 1925 Oct. 28, 1921 Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judge substituted in text for United States magistrate pursuant to section 321 of Pub. L. 101650 section 631 of Title 28 Pub. L. 90578 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 64 Stat. 1262 section 1451 of this title Words officer designated by the Secretary of the Interior substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  106. Continuing taking of depositions in behalf of opposite party  Whenever the taking of any depositions taken in pursuance of section 105 of this title Provided ( Jan. 31, 1903, ch. 344,  5 32 Stat. 791  107. Penalty for false information  If any person applies to any officer designated by the Secretary of the Interior to enter any land whatever, and the officer knowingly and falsely informs the person so applying that the same has already been entered, and refuses to permit the person so applying to enter the same, such officer shall be liable therefor, to the person so applying, for $5 for each acre of land which the person so applying offered to enter, to be recovered by action of debt in any court of record having jurisdiction of the amount. (R.S.  2247; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  2247 derived from act July 4, 1836, ch. 352,  13 5 Stat. 112 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 64 Stat. 1262 section 1451 of this title References to register changed to officer designated by the Secretary of the Interior and officer on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title CHAPTER 5 LAND DISTRICTS    Sec.  121. Discontinuance of land offices by President.  122. Discontinuance of land offices by Secretary of the Interior.  123. Continuance of land offices when required by public convenience.  123a. Continuation of existing land districts and offices in Alaska; change of district boundaries, or discontinuance of districts; designation and location of land offices.  124. Consolidation of land offices.  125. Annexation of discontinued district to adjacent district.  126. Change of location of land offices.  127. Change of boundaries of land districts.  128. Division or change of boundaries; continuance of business of original district.  129. Office rent and clerk hire for consolidated land offices.  130. Entry of public lands in States where no land offices exist.  121. Discontinuance of land offices by President  Upon the recommendation of the Secretary of the Interior, the President may order the discontinuance of any land office and the transfer of any of its business and archives to any other land office within the same State or Territory. (R.S.  2252; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  2252 derived from act May 30, 1862, ch. 86,  5 12 Stat. 409 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 64 Stat. 1262 section 1451 of this title Words the Commissioner of the General Land Office, approved by omitted on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  Delegation of Functions For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951 section 301 of Title 3  122. Discontinuance of land offices by Secretary of the Interior  Whenever the quantity of public land remaining unsold in any land district is reduced to a number of acres less than one hundred thousand, it shall be the duty of the Secretary of the Interior to discontinue the land office of such district; and if any land in any such district remains unsold at the time of the discontinuance of a land office, the same shall be subject to sale at some one of the existing land offices most convenient to the district in which the land office has been discontinued, of which the Secretary of the Interior shall give notice. (R.S.  2248.)  Editorial Notes Codification R.S.  2248 derived from act June 12, 1840, ch. 36,  2 5 Stat. 385 Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title  123. Continuance of land offices when required by public convenience  The Secretary of the Interior may continue any land district in which is situated the seat of government of any one of the States, and may continue the land office in such district, notwithstanding the quantity of land unsold in such district may not amount to one hundred thousand acres, when, in his opinion, such continuance is required by public convenience, or in order to close the land system in such State. (R.S.  2249.)  Editorial Notes Codification R.S.  2249 derived from act Sept. 4, 1841, ch. 16,  7 5 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 64 Stat. 1262 section 1451 of this title  123a. Continuation of existing land districts and offices in Alaska; change of district boundaries, or discontinuance of districts; designation and location of land offices  Subject to the authority conferred upon the Secretary of the Interior by this section, the land districts and land offices existing in Alaska on October 9, 1942 ( Oct. 9, 1942, ch. 584,  6 56 Stat. 779  Editorial Notes Codification Section was formerly classified to section 365 of Title 48 Statutory Notes and Related Subsidiaries Land Districts and Land Offices Continued Provisions of acts Feb. 14, 1902, ch. 17,  1 32 Stat. 20 Mar. 2, 1907, ch. 2537,  1 34 Stat. 1232 section 365 of Title 48 Oct. 9, 1942 There shall be two land districts in Alaska, the boundaries of which shall be designated by the President, to be known as the Nome land district and the Fairbanks land district, with the land offices located, respectively, at Nome, Alaska, and Fairbanks, Alaska, and one other land district and land office, the location of which shall be fixed by the President.  124. Consolidation of land offices  It shall be the duty of the Secretary of the Interior to consolidate the district land offices where practicable and consistent with the public interests. ( Aug. 5, 1892, ch. 380,  1 27 Stat. 368  Statutory Notes and Related Subsidiaries Appropriations Act Mar. 3, 1893, ch. 208 27 Stat. 591  125. Annexation of discontinued district to adjacent district  Whenever the cost of collecting the revenue from the sales of the public lands in any land district is as much as one-third of the whole amount of revenue collected in such district, it may be lawful for the President, if, in his opinion, not incompatible with the public interest, to discontinue the land office in such district, and to annex the same to some other adjoining land district. (R.S.  2250.)  Editorial Notes Codification R.S.  2250 derived from act Mar. 3, 1853, ch. 97,  1 10 Stat. 189 Executive Documents  Delegation of Functions For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951 section 301 of Title 3  126. Change of location of land offices  The President is authorized to change the location of the land offices in the several land districts established by law, and to relocate the same from time to time at such point in the district as he deems expedient. (R.S.  2251.)  Editorial Notes Codification R.S.  2251 derived from acts Mar. 3, 1853, ch. 97,  1 10 Stat. 204 Mar. 3, 1853, ch. 144 10 Stat. 244 Executive Documents  Delegation of Functions For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951 section 301 of Title 3  127. Change of boundaries of land districts  The President is authorized to change and reestablish the boundaries of land districts whenever, in his opinion, the public interests will be subserved thereby, without authority to increase the number of land offices or land districts. (R.S.  2253.)  Editorial Notes Codification R.S.  2253 derived from act June 29, 1870, ch. 171 16 Stat. 171 Executive Documents  Delegation of Functions For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951 section 301 of Title 3  128. Division or change of boundaries; continuance of business of original district  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 64 Stat. 1262 section 1451 of this title  129. Office rent and clerk hire for consolidated land offices  The Secretary of the Interior is authorized to make a reasonable allowance for office rent for each consolidated land office; and when satisfied of the necessity therefor, to approve the employment of one or more clerks, at a reasonable per diem compensation, for such time as such clerical force is absolutely required to keep up the current public business, which clerical force shall be paid out of the surplus fees authorized to be charged by section 84 1 1 (R.S.  2255; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Editorial Notes  References in Text Section 84 of this title Pub. L. 86649, title II,  202(b) July 14, 1960 74 Stat. 507 section 1734 of this title Codification R.S.  2255 derived from act Feb. 18, 1861, ch. 38,  2 12 Stat. 131 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 64 Stat. 1262 section 1451 of this title Words by the register following to approve the employment omitted on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  130. Entry of public lands in States where no land offices exist  Public lands situated in States in which there are no land offices may be entered at the Bureau of Land Management, subject to the provisions of law touching the entry of public lands; and the necessary proofs and affidavits required in such cases may be made before some officer competent to administer oaths, whose official character shall be duly certified by the clerk of a court of record. And moneys received by the Secretary of the Interior, or such officer as he may designate, for lands entered by cash entry shall be covered into the Treasury. ( Mar. 3, 1877, ch. 102,  1 19 Stat. 315 June 19, 1878, ch. 329,  1 20 Stat. 201 July 16, 1946 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 64 Stat. 1262 section 1451 of this title Bureau of Land Management substituted for General Land Office and Secretary of the Interior, or such officer as he may designate, substituted for Commissioner of the General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title CHAPTER 6 WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY    Sec.  141. Repealed.  142. Rights of occupants or claimants of oil- or gas-bearing lands; exceptions to withdrawals.  143. Repealed.  144. Entries on land withdrawn as valuable for oil or gas validated.  145. Sale of lands withdrawn.  146. Patents to purchasers of lands withdrawn.  147. Disposition of proceeds of sale of withdrawn lands.  148. Repealed.  149. Exchange of private lands included in Indian reservation for other lands.  150. Withdrawals of land for Indian reservations prohibited.  151. Opening of lands restored to entry after withdrawals.  152. Restoration of lands previously withdrawn.  153. Reservation of lands in North Dakota.  154. Vacation of withdrawals under reclamation law; lands valuable for minerals; reservation of rights, ways, and easements; rules and regulations.  155. Withdrawal, reservation, or restriction of public lands for defense purposes; public lands defined; exception.  156. Approval by Congress necessary for withdrawal, reservation, or restriction of over 5,000 acres for any Department of Defense project or facility.  157. Application for withdrawal, reservation, or restriction; specifications.  158. Mineral resources on withdrawn lands; disposition and exploration.  141. Repealed. Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792   Section, act June 25, 1910, ch. 421,  1 36 Stat. 847 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Executive Documents  Ex. Ord. No. 10355. Delegation of Authority Ex. Ord. No. 10355, eff. May 26, 1952 Pub. L. 101509, title V,  529 [title I,  112(c)] Nov. 5, 1990 104 Stat. 1427 Section section 1 of the act of June 25, 1910, ch. 421 36 Stat. 847 (b) All orders issued by the Secretary of the Interior under the authority of this order shall be designated as public land orders and shall be submitted to the Division of the Federal Register, General Services Administration, for filing and for publication in the Federal Register. (c) No order affecting land under the administrative jurisdiction of any executive department or agency of the Government other than the Department of the Interior shall be issued by the Secretary of the Interior under the authority of this order without the prior approval or concurrence, so far as the order affects such land, of the head of the department or agency concerned, or of such officer of the department or agency concerned as the head thereof may designate for such purpose: Provided (d) Any disagreement between two or more executive departments or agencies with respect to any proposed withdrawal or reservation shall be referred to the Director of the Bureau of the Budget [now Office of Management and Budget] for consideration and adjustment. The Director may, in his discretion, submit the matter to the President for his determination. Sec Sec Sec April 24, 1943  Ex. Ord. No. 12688. Transfer Authority Choctawhatchee National Forest, Florida Ex. Ord. No. 12688, Aug. 15, 1989 By the authority vested in me as President by the Constitution and laws of the United States of America, including Pub. L. No. 668, 76th Cong., 3d Sess., 54 Stat. 655 The Secretary of Defense is hereby delegated the Presidents authority under Pub. L. No. 668, 76th Cong., 3d Sess., 54 Stat. 655 54 Stat. 655  George Bush.  142. Rights of occupants or claimants of oil- or gas-bearing lands; exceptions to withdrawals  This section and section 141 1 1 June 25, 1910 And provided further 1 ( June 25, 1910, ch. 421,  2 36 Stat. 847 Aug. 24, 1912, ch. 369 37 Stat. 497 Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792  Editorial Notes  References in Text Section 141 of this title Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Codification Act Aug. 24, 1912 June 25, 1910 In the last proviso of this section, national forest substituted for forest reserve, in view of act Mar. 4, 1907, ch. 2907 34 Stat. 1269 The provisions of the last proviso of this section were also classified to section 471 of Title 16 Amendments 1976 Pub. L. 94579 June 25, 1910 Aug. 24, 1912 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  143. Repealed. Pub. L. 86533,  1(14) June 29, 1960 74 Stat. 248   Section, act June 25, 1910, ch. 421,  3 36 Stat. 848  144. Entries on land withdrawn as valuable for oil or gas validated  Entries existing on February 7, 1925 April 1, 1924 December 29, 1916 43 U.S.C. 291 Provided ( Feb. 7, 1925, ch. 147,  12 43 Stat. 812  Editorial Notes  References in Text The Stock Raising Homestead Act of December 29, 1916 act Dec. 29, 1916, ch. 9 39 Stat. 862 Pub. L. 94579, title VII Oct. 21, 1976 90 Stat. 2787 section 291 of this title  145. Sale of lands withdrawn  Whenever in the opinion of the Secretary of the Interior any lands which have been withdrawn under the provisions of sections 141 1 1 ( Jan. 26, 1921, ch. 27,  1 41 Stat. 1089  Editorial Notes  References in Text Section 141 of this title Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792  146. Patents to purchasers of lands withdrawn  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 Provided further ( Jan. 26, 1921, ch. 27,  2 41 Stat. 1089  147. Disposition of proceeds of sale of withdrawn lands  The moneys derived from the sale of such lands and improvements shall be disposed of as are other receipts from the sale and disposal of public lands. ( Jan. 26, 1921, ch. 27,  3 41 Stat. 1090  148. Repealed. Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792   Section, acts June 25, 1910, ch. 431,  13 36 Stat. 858 June 29, 1960 Pub. L. 86533,  1(13) 74 Stat. 248 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  149. Exchange of private lands included in Indian reservation for other lands  Any private land over which an Indian reservation has been extended by Executive order, may be exchanged at the discretion of the Secretary of the Interior and at the expense of the owner thereof and under such rules and regulations as may be prescribed by the Secretary of the Interior, for vacant, nonmineral, nontimbered, surveyed public lands of equal area and value and situated in the same State or Territory. ( Apr. 21, 1904, ch. 1402,  1 33 Stat. 211  150. Withdrawals of land for Indian reservations prohibited  No public lands of the United States shall be withdrawn by Executive Order, proclamation, or otherwise, for or as an Indian reservation except by act of Congress. ( June 30, 1919, ch. 4,  27 41 Stat. 34  151. Opening of lands restored to entry after withdrawals  When public lands are excluded from national forests or released from withdrawals the President may, whenever in his judgment it is proper or necessary, provide for the opening of the lands by settlement in advance of entry, by drawing, or by such other method as he may deem advisable in the interest of equal opportunity and good administration, and in doing so may provide that lands so opened shall be subject only to homestead entry by actual settlers only or to entry under the desert-land laws for a period not exceeding ninety days, the unentered lands to be thereafter subject to disposition under the public-land laws applicable thereto. ( Sept. 30, 1913, ch. 15,  1 38 Stat. 113  152. Restoration of lands previously withdrawn  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  153. Reservation of lands in North Dakota  Upon receipt of a proper deed from the State of North Dakota, executed under authority of the act of its legislative assembly, approved February 5, 1915 ( July 3, 1916, ch. 219 39 Stat. 344  154. Vacation of withdrawals under reclamation law; lands valuable for minerals; reservation of rights, ways, and easements; rules and regulations  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 47 Stat. 136 July 16, 1946 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 64 Stat. 1262 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  155. Withdrawal, reservation, or restriction of public lands for defense purposes; public lands defined; exception Notwithstanding any other provisions of law, except in time of war or national emergency hereafter declared by the President or the Congress, on and after February 28, 1958 Provided (1) for the purposes of this Act, the term public lands shall be deemed to include, without limiting the meaning thereof, Federal lands and waters of the Outer Continental Shelf, as defined in section 1331 of this title (2) nothing in this Act shall be deemed to be applicable to the withdrawal or reservation of public lands specifically as naval petroleum, naval oil shale, or naval coal reserves; (3) nothing in this Act shall be deemed to be applicable to the warning areas over the Federal lands and waters of the Outer Continental Shelf and Federal lands and waters off the coast of the Territory of Alaska reserved for use of the military departments prior to August 7, 1953 (4) nothing in this section, section 156, or section 157 of this title May 27, 1941 ( Pub. L. 85337,  1 Feb. 28, 1958 72 Stat. 27  Editorial Notes  References in Text This Act, referred to in pars. (1), (2), and (3), is Pub. L. 85337 Feb. 28, 1958 72 Stat. 27 section 2671 of Title 10 Executive Documents Admission of Alaska and Hawaii to Statehood Alaska was admitted into the Union on Jan. 3, 1959 Jan. 3, 1959 Aug. 21, 1959 Aug. 21, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 Pub. L. 863 Mar. 18, 1959 73 Stat. 4 section 491 of Title 48  156. Approval by Congress necessary for withdrawal, reservation, or restriction of over 5,000 acres for any Department of Defense project or facility  No public land, water, or land and water area shall, except by Act of Congress, on and after February 28, 1958 43 U.S.C. 1331 February 28, 1958 ( Pub. L. 85337,  2 Feb. 28, 1958 72 Stat. 28  Editorial Notes  References in Text The Outer Continental Shelf Lands Act, referred to in text, is act Aug. 7, 1953, ch. 345 67 Stat. 462 section 1301 of this title  157. Application for withdrawal, reservation, or restriction; specifications Any application filed on and after February 28, 1958 section 156 of this title (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. 85337,  3 Feb. 28, 1958 72 Stat. 28  158. Mineral resources on withdrawn lands; disposition and exploration  All withdrawals or reservations of public lands for the use of any agency of the Department of Defense, except lands withdrawn or reserved specifically as naval petroleum, naval oil shale, or naval coal reserves, heretofore or hereafter made by the United States, shall be deemed to be subject to the condition that all minerals, including oil and gas, in the lands so withdrawn or reserved are under the jurisdiction of the Secretary of the Interior and there shall be no disposition of, or exploration for, any minerals in such lands except under the applicable public land mining and mineral leasing laws: Provided ( Pub. L. 85337,  6 Feb. 28, 1958 72 Stat. 30 CHAPTER 7 HOMESTEADS    SUBCHAPTER IGENERAL PROVISIONS  Sec.  161 176. Repealed or Transferred.  177. Patents for lands in New Mexico held under color of title.  178. Patents for lands in New Mexico; lands contiguous to Spanish or Mexican land grants.  179 180. Repealed.  SUBCHAPTER IIRIGHT OF PARTICULAR PERSONS TO MAKE ENTRY  181 191. Repealed.  SUBCHAPTER IIILANDS SUBJECT TO ENTRY  201 208. Repealed.  209. Extension of public-land laws to certain lands in Oklahoma.  210. Recognition of equitable claims on certain lands in Oklahoma; validation of homestead entries.  SUBCHAPTER IVLIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED ENTRIES  211 224. Repealed.  SUBCHAPTER VLEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR NONCULTIVATION  231 243a. Repealed.  SUBCHAPTER VIFINAL PROOF GENERALLY  251 256b. Repealed.  SUBCHAPTER VIIPAYMENTS AND REFUNDS  261 263. Repealed.  SUBCHAPTER VIIIALASKA HOMESTEADS  270 27011. Repealed.  27012. Disposal by United States of coal, oil, or gas deposits reserved to United States; entry, reentry, etc., on lands for prospecting, mining, and removal.  27013 27017. Repealed.  SUBCHAPTER IXSOLDIERS AND SAILORS HOMESTEAD  271 284. Repealed.  SUBCHAPTER XSTOCK-RAISING HOMESTEAD  291 298. Repealed.  299. Reservation of coal and mineral rights.  300. Repealed.  301. Rules and regulations.  302. Repealed. SUBCHAPTER I GENERAL PROVISIONS  161 to 164. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section 161, R.S.  2289; Mar. 3, 1891, ch. 561,  5 26 Stat. 1097  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 July 16, 1946 60 Stat. 1100  Section 163, R.S.  2295; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Section 164, R.S.  2291; June 6, 1912, ch. 153 37 Stat. 123 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  165. Transferred  Editorial Notes Codification Section, act Mar. 3, 1891, ch. 561,  7 26 Stat. 1098 section 1165 of this title section 2505 of this title  166 to 175. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section 166, acts May 14, 1880, ch. 89,  3 21 Stat. 141 June 6, 1900, ch. 821 31 Stat. 683 Aug. 9, 1912, ch. 280 37 Stat. 267  Section 167, acts Apr. 6, 1914, ch. 51 38 Stat. 312 Mar. 1, 1921, ch. 90 41 Stat. 1193  Section 168, act Oct. 17, 1914, ch. 325 38 Stat. 740  Section 169, R.S.  2297; Mar. 3, 1881, ch. 153 21 Stat. 511 June 6, 1912, ch. 153 37 Stat. 124 July 16, 1946 60 Stat. 1100  Section 170, act Oct. 22, 1914, ch. 335 38 Stat. 766  Section 171, R.S.  2292, related to rights inuring to infant children on death of both mother and father.  Section 172, act June 8, 1880, ch. 136 21 Stat. 166 July 16, 1946 60 Stat. 1100  Section 173, R.S.  2301; Mar. 3, 1891, ch. 561,  6 26 Stat. 1098 June 3, 1896, ch. 312,  2 29 Stat. 197  Section 174, R.S.  2288; Mar. 3, 1891, ch. 561 26 Stat. 1097 Mar. 3, 1905, ch. 1424 33 Stat. 991  Section 175, R.S.  2296; Apr. 28, 1922, ch. 155 42 Stat. 502 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  176. Repealed. Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792   Section, act Mar. 2, 1895, ch. 174 28 Stat. 744 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  177. Patents for lands in New Mexico held under color of title  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 Provided further ( June 8, 1926, ch. 501 44 Stat. 709  178. Patents for lands in New Mexico; lands contiguous to Spanish or Mexican land grants  Whenever it shall be shown to the satisfaction of the Secretary of the Interior that a tract or tracts of public land, contiguous to a Spanish or Mexican land grant, in the State of New Mexico, not exceeding in the aggregate one hundred and sixty acres, has or have been held in good faith and in peaceful, adverse possession by a citizen of the United States, his ancestors or grantors, for more than twenty years under claim or color of title, and that valuable improvements have been placed on such land, or some part thereof has been reduced to cultivation, the Secretary may, in his discretion, upon the payment of $1.25 per acre, cause a patent or patents to issue for such land to any such citizens: Provided Provided further Provided further ( Feb. 23, 1932, ch. 52 47 Stat. 53  179, 180. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section 179, act May 17, 1900, ch. 479,  1 31 Stat. 179  Section 180, act Jan. 26, 1901, ch. 180 31 Stat. 740 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER II RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY  181. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section, act June 5, 1900, ch. 716,  3 31 Stat. 270 section 182 of this title  182 to 191. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section 182, act Sept. 5, 1914, ch. 294 38 Stat. 712  Section 183, R.S.  2300; Aug. 31, 1918, ch. 166,  8 40 Stat. 957 Sept. 13, 1918, ch. 173 40 Stat. 960  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 July 16, 1946 60 Stat. 1100  Sections 186, acts Feb. 14, 1920, ch. 76 41 Stat. 434 Jan. 21, 1922, ch. 32 42 Stat. 358 Dec. 28, 1922, ch. 19 42 Stat. 1067 June 12, 1930, ch. 471 46 Stat. 580  Section 187, act Feb. 25, 1925, ch. 326 43 Stat. 981  Section 187a, act June 21, 1934, ch. 690 48 Stat. 1185  Section 187b, act May 22, 1902, ch. 821,  2 32 Stat. 203  Section 188, act June 5, 1900, ch. 716,  3 31 Stat. 270  Section 189, act Mar. 3, 1875, ch. 131,  15 18 Stat. 420  Section 190, act July 4, 1884, ch. 180,  1 23 Stat. 96  Section 190a, act Mar. 1, 1933, ch. 160,  1 47 Stat. 1418  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. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER III LANDS SUBJECT TO ENTRY  201 to 208. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section 201, R.S.  2302, prohibited entry and settlement of mineral lands under this chapter.  Section 202, acts May 14, 1880, ch. 89,  1 21 Stat. 140 Mar. 3, 1891, ch. 561,  4 26 Stat. 1097 Mar. 3, 1893, ch. 208 27 Stat. 593 July 16, 1946 60 Stat. 1100  Section 203, acts June 13, 1902, ch. 1080 32 Stat. 384 Mar. 4, 1907, ch. 2907 34 Stat. 1269  Section 204, act Mar. 3, 1879, ch. 191 20 Stat. 472  Section 205, act July 1, 1879, ch. 60 21 Stat. 46  Section 206, act May 6, 1886, ch. 88 24 Stat. 22  Section 207, act Aug. 21, 1916, ch. 361 39 Stat. 518  Section 208, act June 3, 1924, ch. 240 43 Stat. 357 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  209. Extension of public-land laws to certain lands in Oklahoma  The public-land laws of the United States be, and the same are, extended to the public lands in that part of the Red River between the medial line and the south bank of the river, in Oklahoma, between the ninety-eighth meridian and the east boundary of the territory established as Greer County by the Act of May 4, 1896 29 Stat. 113 Provided ( June 22, 1948, ch. 605,  1 62 Stat. 576  Editorial Notes  References in Text The public-land laws of the United States, referred to in text, are classified generally to this title. Act of May 4, 1896 act May 4, 1896, ch. 155 29 Stat. 113  210. Recognition of equitable claims on certain lands in Oklahoma; validation of homestead entries  The Secretary of the Interior is authorized and directed to recognize equitable claims to such lands based on settlement made prior to January 1, 1934 ( June 22, 1948, ch. 605,  2 62 Stat. 576 SUBCHAPTER IV LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED ENTRIES  211 to 224. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section 211, R.S.  2298, related to limitation of amount of homestead entry.  Section 212, acts Aug. 30, 1890, ch. 837,  1 26 Stat. 391 Mar. 3, 1891, ch. 561,  17 26 Stat. 1101  Section 213, acts Apr. 28, 1904, ch. 1776 33 Stat. 527 Aug. 3, 1950, ch. 521 64 Stat. 398  Section 214, acts Mar. 2, 1889, ch. 381,  6 25 Stat. 854 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 215, act Feb. 20, 1917, ch. 98 39 Stat. 925  Section 216, act Mar. 4, 1921, ch. 162,  1 41 Stat. 1433  Section 217, act June 5, 1900, ch. 716,  2 31 Stat. 269  Section 218, acts Feb. 19, 1909, ch. 160 35 Stat. 639 June 6, 1912, ch. 153 37 Stat. 123 June 13, 1912, ch. 166 37 Stat. 132 Feb. 11, 1913, ch. 39 37 Stat. 666 Mar. 3, 1915, ch. 84 38 Stat. 953 Mar. 3, 1915, ch. 91 38 Stat. 957 Mar. 4, 1915, ch. 150,  2 38 Stat. 1163 July 3, 1916, ch. 220 39 Stat. 344  Section 219, acts June 17, 1910, ch. 298 36 Stat. 531 Feb. 11, 1913, ch. 39 37 Stat. 666 Mar. 3, 1915, ch. 91 38 Stat. 957 Sept. 5, 1916, ch. 440 39 Stat. 724 Aug. 10, 1917, ch. 52,  10 40 Stat. 275  Section 220, act Mar. 4, 1915, ch. 150,  1 38 Stat. 1162 July 16, 1946 60 Stat. 1100  Section 221, act Mar. 4, 1915, ch. 150,  2 38 Stat. 1163 section 218 of this title  Section 222, act Mar. 4, 1923, ch. 245,  1 42 Stat. 1445  Section 223, acts May 14, 1880, ch. 89,  3 21 Stat. 141 June 6, 1900, ch. 821 31 Stat. 683 Aug. 9, 1912, ch. 280 37 Stat. 267  Section 224, acts Apr. 28, 1904, ch. 1801 33 Stat. 547 Mar. 2, 1907, ch. 2527 34 Stat. 1224 May 29, 1908, ch. 220,  7 35 Stat. 466 Aug. 24, 1912, ch. 371 37 Stat. 499 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER V LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR NONCULTIVATION  231 to 240. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section 231, acts Aug. 22, 1914, ch. 270 38 Stat. 704 Feb. 25, 1919, ch. 21 40 Stat. 1153 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 232, act July 3, 1916, ch. 214 39 Stat. 341  Section 233, acts Sept. 29, 1919, ch. 64 41 Stat. 288 Apr. 6, 1922, ch. 122,  2 42 Stat. 491  Section 234, acts Mar. 2, 1889, ch. 381,  3 25 Stat. 854 Dec. 29, 1894, ch. 14 28 Stat. 599 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 235, act July 1, 1879, ch. 63,  1 21 Stat. 48 July 16, 1946 60 Stat. 1100  Section 236, act Dec. 20, 1917, ch. 6 40 Stat. 430 Dec. 20, 1917  Section 237, act July 24, 1919, ch. 26 41 Stat. 271  Section 237a, act Mar. 2, 1932, ch. 69 47 Stat. 59  Section 237b, act May 21, 1934, ch. 320 48 Stat. 787  Section 237c, act May 22, 1935, ch. 135 49 Stat. 286  Section 237d, acts Aug. 19, 1935, ch. 560 49 Stat. 659 Mar. 31, 1938, ch. 57 52 Stat. 149  Section 237e, act Apr. 20, 1936, ch. 239,  1 49 Stat. 1235  Section 237f, act July 30, 1956, ch. 778,  1 70 Stat. 715  Section 237g, act July 30, 1956, ch. 778,  2 70 Stat. 716 Mar. 1, 1956  Section 237h, act July 30, 1956, ch. 778,  4 70 Stat. 716  Section 238, acts Mar. 1, 1921, ch. 102,  1 41 Stat. 1202 Apr. 7, 1922, ch. 125 42 Stat. 492  Section 239, R.S.  2308, related to service in Army, Navy, etc., as equivalent to residence.  Section 240, acts June 16, 1898, ch. 458 30 Stat. 473 Aug. 29, 1916, ch. 420 39 Stat. 671 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  241, 242. Repealed. Oct. 17, 1940, ch. 888 54 Stat. 1187   Section 241, act July 28, 1917, ch. 44,  1 40 Stat. 248  Section 242, act July 28, 1917, ch. 44,  2 40 Stat. 248  243, 243a. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section 243, act Apr. 7, 1930, ch. 108 46 Stat. 144  Section 243a, act Mar. 3, 1933, ch. 198 47 Stat. 1424 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER VI FINAL PROOF GENERALLY  251 to 256b. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section 251, act Mar. 3, 1879, ch. 192 20 Stat. 472 July 16, 1946 60 Stat. 1100  Section 252, act Mar. 2, 1889, ch. 381,  7 25 Stat. 855  Section 253, act June 3, 1878, ch. 152 20 Stat. 91  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 July 16, 1946 60 Stat. 1100 Oct. 17, 1968 Pub. L. 90578, title IV,  402(b)(2) 82 Stat. 1118  Section 255, R.S.  2293; Oct. 6, 1917, ch. 86 40 Stat. 391 July 16, 1946 60 Stat. 1100  Section 256, act Mar. 4, 1913, ch. 149,  1 37 Stat. 925  Section 256a, acts May 13, 1932, ch. 178 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  Section 256b, act Aug. 27, 1935, ch. 770 49 Stat. 909 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER VII PAYMENTS AND REFUNDS  261. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section, acts Sept. 30, 1890 26 Stat. 684 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  262. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section, act Mar. 2, 1907, ch. 2568 34 Stat. 1248 section 1374 of this title  263. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section, acts June 16, 1880, ch. 244 21 Stat. 287 Apr. 18, 1904 33 Stat. 589 July 16, 1946 60 Stat. 1100 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER VIII ALASKA HOMESTEADS  270. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section, acts May 14, 1898, ch. 299,  1 30 Stat. 409 Mar. 3, 1903, ch. 1002 32 Stat. 1028 Aug. 24, 1912, ch. 387,  1 37 Stat. 512 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100 Apr. 29, 1950, ch. 137,  1 64 Stat. 94 Aug. 3, 1955, ch. 496,  1 69 Stat. 444 section 371 of Title 48 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  2701 to 2703. Repealed. Pub. L. 92203,  18(a) Dec. 18, 1971 85 Stat. 710   Section 2701, acts May 17, 1906, ch. 2469,  1 34 Stat. 197 Aug. 2, 1956, ch. 891,  1(a) 70 Stat. 954 section 357 of Title 48  Section 2702, act May 17, 1906, ch. 2469,  2 Aug. 2, 1956, ch. 891,  1(e) 70 Stat. 954 section 357a of Title 48  Section 2703, act May 27, 1906, ch. 2469,  3 Aug. 2, 1956, ch. 891,  1(e) 70 Stat. 954 section 357b of Title 48  2704. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section, acts May 14, 1898, ch. 299,  10 30 Stat. 413 Oct. 28, 1921, ch. 114 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  2705 to 27010. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 2705, act Apr. 29, 1950, ch. 137,  2 64 Stat. 95 section 371a of Title 48  Section 2706, act Apr. 29, 1950, ch. 137,  3 64 Stat. 95 section 371b of Title 48  Section 2707, acts Apr. 29, 1950, ch. 137,  4 64 Stat. 95 July 11, 1956, ch. 571,  2 70 Stat. 529 section 371c of Title 48  Section 2708, acts July 8, 1916, ch. 228,  1 39 Stat. 352 June 28, 1918, ch. 110 40 Stat. 632 section 373 of Title 48  Section 2709, acts July 8, 1916, ch. 228,  1 39 Stat. 352 June 28, 1918, ch. 110 40 Stat. 632 section 374 of Title 48  Section 27010, act July 8, 1916, ch. 228,  2 June 28, 1918, ch. 110 40 Stat. 633 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100 July 11, 1956, ch. 571,  1 70 Stat. 528 section 375 of Title 48 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  27011. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section, acts Mar. 8, 1922, ch. 96,  1 42 Stat. 415 Aug. 23, 1958 Pub. L. 85725,  1 72 Stat. 730 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  27012. Disposal by United States of coal, oil, or gas deposits reserved to United States; entry, reentry, etc., on lands for prospecting, mining, and removal  The coal, oil, or gas deposits reserved to the United States in accordance with the act of March 8, 1922 42 Stat. 415 43 U.S.C. 27011 August 17, 1961 75 Stat. 384 43 U.S.C. 27013 October 3, 1962 76 Stat. 740 43 U.S.C. 27013 March 8, 1922 ( Mar. 8, 1922, ch. 96,  2 42 Stat. 416 Pub. L. 85725,  2 Aug. 23, 1958 72 Stat. 730 Pub. L. 94579, title VII,  703(c) Oct. 21, 1976 90 Stat. 2791  Editorial Notes  References in Text Act of March 8, 1922 act Mar. 8, 1922, ch. 96 42 Stat. 415 Aug. 17, 1961 Oct. 3, 1962 section 27013 of this title section 703(a) of Pub. L. 94579 Codification Section was formerly classified to section 377 of Title 48 Amendments 1976 Pub. L. 94579 section 27011 of this title 1958 Pub. L. 85725 And provided further section 274 of this title Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Pub. L. 94579, title VII,  703(c) Oct. 21, 1976 90 Stat. 2791 Oct. 21, 1976 Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  27013 to 27017. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 27013, act Mar. 8, 1922, ch. 96,  3 Aug. 17, 1961 Pub. L. 87147 75 Stat. 384 Oct. 3, 1962 Pub. L. 87742 76 Stat. 740 section 377a of Title 48  Section 27014, act July 8, 1916, ch. 228,  3 39 Stat. 352 June 28, 1918, ch. 110 40 Stat. 633 section 378 of Title 48  Section 27015, acts Apr. 13, 1926, ch. 121,  1 44 Stat. 243 Apr. 29, 1950, ch. 134,  3 64 Stat. 93  Section 27016, acts Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 Apr. 13, 1926, ch. 121,  2 44 Stat. 244 July 16, 1946 60 Stat. 1100  Section 27017, act Apr. 13, 1926, ch. 121,  3 44 Stat. 244 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER IX SOLDIERS AND SAILORS HOMESTEAD  271 to 284. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section 271, R.S.  2304; Mar. 1, 1901, ch. 674 31 Stat. 847  Section 272, R.S.  2305; Mar. 1, 1901, ch. 674 31 Stat. 847 Apr. 6, 1922, ch. 122,  1 42 Stat. 491  Section 272a, acts Feb. 25, 1919, ch. 37 40 Stat. 1161 Dec. 28, 1922, ch. 19 42 Stat. 1067  Section 273, act Apr. 6, 1922, ch. 122,  1 42 Stat. 491  Section 274, R.S.  2306, related to additional entry by veteran.  Section 275, act Mar. 3, 1893, ch. 208 27 Stat. 593 July 16, 1946 60 Stat. 1100  Section 276, act Aug. 18, 1894, ch. 301,  1 28 Stat. 397  Section 277, R.S.  2309, related to additional entry by agent.  Section 278, R.S.  2307; Feb. 25, 1919, ch. 37 40 Stat. 1161 Sept. 21, 1922, ch. 357 42 Stat. 990  Section 279, acts Sept. 27, 1944, ch. 421,  1 58 Stat. 747 June 25, 1946, ch. 474 60 Stat. 308 May 31, 1947, ch. 88,  1 61 Stat. 123 June 18, 1954, ch. 306,  1(a) 68 Stat. 253  Section 280, acts Sept. 27, 1944, ch. 421,  2 58 Stat. 748 May 31, 1947, ch. 88,  2 61 Stat. 123  Section 281, act Sept. 27, 1944, ch. 421,  3 58 Stat. 748  Section 282, acts Sept. 27, 1944, ch. 421,  4 58 Stat. 748 May 31, 1947, ch. 88,  3 61 Stat. 124 June 18, 1954, ch. 306,  1(c) 68 Stat. 254  Section 283, acts Sept. 27, 1944, ch. 421,  6 58 Stat. 748 June 3, 1948, ch. 399 62 Stat. 305  Section 284, act Sept. 27, 1944, ch. 421,  5 June 3, 1948, ch. 399 62 Stat. 305 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER X STOCK-RAISING HOMESTEAD  291 to 298. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section 291, acts Dec. 29, 1916, ch. 9,  1 39 Stat. 862 Feb. 28, 1931, ch. 328 46 Stat. 1454 June 9, 1933, ch. 53 48 Stat. 119  Section 292, acts Dec. 29, 1916, ch. 9,  2 39 Stat. 862 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 June 6, 1924, ch. 274 43 Stat. 469 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 293, acts Dec. 29, 1916, ch. 9,  3 39 Stat. 863 Oct. 25, 1918, ch. 195 40 Stat. 1016  Section 294, acts Dec. 29, 1916, ch. 9,  4 39 Stat. 863 Sept. 29, 1919, ch. 63 41 Stat. 287  Section 295, acts Dec. 29, 1916, ch. 9,  5 39 Stat. 863 Sept. 29, 1919, ch. 63 41 Stat. 287  Section 296, act Dec. 29, 1916, ch. 9,  6 39 Stat. 863  Section 297, act Dec. 29, 1916, ch. 9,  7 39 Stat. 864  Section 298, act Dec. 29, 1916, ch. 9,  8 39 Stat. 864 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  299. Reservation of coal and mineral rights (a) General provisions All entries made and patents issued under the provisions of this subchapter shall be subject to and contain a reservation to the United States of all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine, and remove the same. The coal and other mineral deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal and mineral land laws in force at the time of such disposal. Any person qualified to locate and enter the coal or other mineral deposits, or having the right to mine and remove the same under the laws of the United States, shall have the right at all times to enter upon the lands entered or patented, as provided by this subchapter, for the purpose of prospecting for coal or other mineral therein, provided he shall not injure, damage, or destroy the permanent improvements of the entryman or patentee, and shall be liable to and shall compensate the entryman or patentee for all damages to the crops on such lands by reason of such prospecting. Any person who has acquired from the United States the coal or other mineral deposits in any such land, or the right to mine and remove the same, may reenter and occupy so much of the surface thereof as may be required for all purposes reasonably incident to the mining or removal of the coal or other minerals, first, upon securing the written consent or waiver of the homestead entryman or patentee; second, upon payment of the damages to crops or other tangible improvements to the owner thereof, where agreement may be had as to the amount thereof; or, third, in lieu of either of the foregoing provisions, upon the execution of a good and sufficient bond or undertaking to the United States for the use and benefit of the entryman or owner of the land, to secure the payment of such damages to the crops or tangible improvements of the entryman or owner, as may be determined and fixed in an action brought upon the bond or undertaking in a court of competent jurisdiction against the principal and sureties thereon, such bond or undertaking to be in form and in accordance with rules and regulations prescribed by the Secretary of the Interior and to be filed with and approved by the officer designated by the Secretary of the Interior of the local land office of the district wherein the land is situate, subject to appeal to the Secretary of the Interior or such officer as he may designate: Provided (b) Exploration; location of mining claims; notices (1) In general (A) Notwithstanding subsection (a) and any other provision of law to the contrary, after the effective date of this subsection no person other than the surface owner may enter lands subject to this subchapter to explore for, or to locate, a mining claim on such lands without (i) filing a notice of intention to locate a mining claim pursuant to paragraph (2); and (ii) providing notice to the surface owner pursuant to paragraph (3). (B) Any person who has complied with the requirements referred to in subparagraph (A) may, during the authorized exploration period, in order to locate a mining claim, enter lands subject to this subchapter to undertake mineral activities related to exploration that cause no more than a minimal disturbance of surface resources and do not involve the use of mechanized earthmoving equipment, explosives, the construction of roads, drill pads, or the use of toxic or hazardous materials. (C) The authorized exploration period referred to in subparagraph (B) shall begin 30 days after notice is provided under paragraph (3) with respect to lands subject to such notice and shall end with the expiration of the 90-day period referred to in paragraph (2)(A) or any extension provided under paragraph (2). (2) Notice of intention to locate a mining claim Any person seeking to locate a mining claim on lands subject to this subchapter in order to engage in the mineral activities relating to exploration referred to under paragraph (1)(B) shall file with the Secretary of the Interior a notice of intention to locate a claim on the lands concerned. The notice shall be in such form as the Secretary shall prescribe. The notice shall contain the name and mailing address of the person filing the notice and a legal description of the lands to which the notice applies. The legal description shall be based on the public land survey or on such other description as is sufficient to permit the Secretary to record the notice on the land status records of the Secretary. Whenever any person has filed a notice under this paragraph with respect to any lands, during the 90-day period following the date of such filing, or any extension thereof pursuant to this paragraph, no other person (including the surface owner) may (A) file such a notice with respect to any portions of such lands; (B) explore for minerals or locate a mining claim on any portion of such lands; or (C) file an application to acquire any interest in any portion of such lands pursuant to section 1719 of this title If, within such 90-day period, the person who filed a notice under this paragraph files a plan of operations with the Secretary pursuant to subsection (f), such 90-day period shall be extended until the approval or disapproval of the plan by the Secretary pursuant to subsection (f). (3) Notice to surface owner Any person who has filed a notice of intention to locate a mining claim under paragraph (2) for any lands subject to this subchapter shall provide written notice of such filing, by registered or certified mail with return receipt, to the surface owner (as evidenced by local tax records) of the lands covered by the notice under paragraph (2). The notice shall be provided at least 30 days before entering such lands and shall contain each of the following: (A) A brief description of the proposed mineral activities. (B) A map and legal description of the lands to be subject to mineral exploration. (C) The name, address and phone number of the person managing such activities. (D) A statement of the dates on which such activities will take place. (4) Acreage limitations The total acreage covered at any time by notices of intention to locate a mining claim under paragraph (2) filed by any person and by affiliates of such person may not exceed 6,400 acres of lands subject to this subchapter in any one State and 1,280 acres of such lands for a single surface owner. For purposes of this paragraph, the term affiliate means, with respect to any person, any other person which controls, is controlled by, or is under common control with, such person. (c) Consent Notwithstanding subsection (a) and any other provision of law, after the effective date of this subsection no person may engage in the conduct of mineral activities (other than those relating to exploration referred to in subsection (b)(1)B)) 1 1 (d) Authorized mineral activities The Secretary shall authorize a person to conduct mineral activities (other than those relating to exploration referred to in subsection (b)(1)(B)) on lands subject to this subchapter without the consent of the surface owner thereof if such person complies with the requirements of subsections (e) and (f). (e) Bond (1) Before the Secretary may authorize any person to conduct mineral activities the Secretary shall require such person to post a bond or other financial guarantee in an amount to insure the completion of reclamation pursuant to this subchapter. Such bond or other financial guarantee shall ensure (A) payment to the surface owner, after the completion of such mineral activities and reclamation, compensation for any permanent damages to crops and tangible improvements of the surface owner that resulted from mineral activities; and (B) payment to the surface owner of compensation for any permanent loss of income of the surface owner due to loss or impairment of grazing, or other uses of the land by the surface owner to the extent that reclamation required by the plan of operations would not permit such uses to continue at the level existing prior to the commencement of mineral activities. (2) In determining the bond amount to cover permanent loss of income under paragraph (1)(B), the Secretary shall consider, where appropriate, the potential loss of value due to the estimated permanent reduction in utilization of the land. (f) Plan of operations (1) Before the Secretary may authorize any person to conduct mineral activities on lands subject to this subchapter, the Secretary shall require such person to submit a plan of operations. Such plan shall include procedures for (A) the minimization of damages to crops and tangible improvements of the surface owner; (B) the minimization of disruption to grazing or other uses of the land by the surface owner; and (C) payment of a fee for the use of surface during mineral activities equivalent to the loss of income to the ranch operation as established pursuant to subsection (g). (2) The Secretary shall provide a copy of the proposed plan of operations to the surface owner at least 45 days prior to the date the Secretary makes a determination as to whether such plan complies with the requirements of this subsection. During such 45-day period the surface owner may submit comments and recommend modifications to the proposed plan of operations to the Secretary. (3) (A) The Secretary shall, within 60 days of receipt of the plan, approve the plan of operations if it complies with the requirements of this subchapter, including each of the following: (i) The proposed plan of operations is complete and accurate. (ii) The person submitting the proposed plan of operations has demonstrated that all other applicable Federal and State requirements have been met. (B) The Secretary shall notify the person submitting a plan of operations of any modifications to such plan required to bring it into compliance with the requirements of this subchapter. If the person submitting the plan agrees to modify such plan in a manner acceptable to the Secretary, the Secretary shall approve the plan as modified. In the event no agreement can be reached on the modifications to the plan which, in the opinion of the Secretary, will bring such plan into compliance with the requirements of this subchapter, then the Secretary shall disapprove the plan and notify both the surface owner and the person submitting the plan of the decision. (C) The 60-day period referred to in subparagraph (A) may be extended by the Secretary where additional time is required to comply with other applicable requirements of law. (D) The Secretary shall suspend or revoke a plan of operation whenever the Secretary determines, on the Secretarys own motion or on a motion made by the surface owner, that the person conducting mineral activities is in substantial noncompliance with the terms and conditions of an approved plan of operations and has failed to remedy a violation after notice from the Secretary within the time required by the Secretary. (4) Final approval of a plan of operations under this subsection shall be conditioned upon compliance with subsections (e) and (g). (g) Fee The fee referred to in subsection (f)(1) shall be (1) paid to the surface owner by the person submitting the plan of operations; (2) paid in advance of any mineral activities or at such other time or times as may be agreed to by the surface owner and the person conducting such activities; and (3) established by the Secretary taking into account the acreage involved and the degree of potential disruption to existing surface uses during mineral activities (including the loss of income to the surface owner and such surface owners operations due to the loss or impairment of existing surface uses for the duration of the mineral activities), except that such fee shall not exceed the fair market value for the surface of the land. (h) Reclamation Lands affected by mineral activities under a plan of operations approved pursuant to subsection (f)(3) shall be reclaimed, to the maximum extent practicable, to a condition capable of supporting the uses to which such lands were capable of supporting prior to surface disturbance. Reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities. (i) State law (1) Nothing in this subchapter shall be construed as affecting any reclamation, bonding, inspection, enforcement, air or water quality standard or requirement of any State law or regulation which may be applicable to mineral activities on lands subject to this subchapter to the extent that such law or regulation is not inconsistent with this title. 2 2 (2) Nothing in this subchapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, the interest of such person in water resources affected by mineral activities. (j) Inspections Should any surface owner of land subject to this subchapter have reason to believe that they are or may be adversely affected by mineral activities due to any violation of the terms and conditions of a plan of operations approved under subsection (f), such surface owner may request an inspection of such lands. The Secretary shall determine within 10 days of the receipt of the request whether the request states a reason to believe that a violation exists, except in the event the surface owner alleges and provides reason to believe that an imminent danger exists, the 10-day period shall be waived and the inspection conducted immediately. When an inspection is conducted under this paragraph, the Secretary shall notify the surface owner and such surface owner shall be allowed to accompany the inspector on the inspection. (k) Damages for failure to comply (1) Whenever the surface owner of any land subject to this subchapter has suffered any permanent damages to crops or tangible improvements of the surface owner, or any permanent loss of income due to loss or impairment of grazing, or other uses of the land by the surface owner, if such damages or loss result from (A) any mineral activity undertaken without the consent of the surface owner under subsection (c) or an authorization by the Secretary under subsection (d); or (B) the failure of the person conducting mineral activities to remedy to the satisfaction of the Secretary any substantial noncompliance with the terms and conditions of a plan under subsection (f); the surface owner may bring an action in the appropriate United States district court for, and the court may award, double damages plus costs for willful misconduct or gross negligence. (2) The surface owner of any land subject to this subchapter may also bring an action in the appropriate United States district court for double damages plus costs for willful misconduct or gross negligence against any person undertaking any mineral activities on lands subject to this subchapter in violation of any requirement of subsection (b). (3) Any double damages plus costs awarded by the court under this subsection shall be reduced by the amount of any compensation which the surface owner has received (or is eligible to receive) pursuant to the bond or financial guarantee required under subsection (e). (l) Payment of financial guarantee The surface owner of any land subject to this subchapter may petition the Secretary for payment of all or any portion of a bond or other financial guarantee required under subsection (e) as compensation for any permanent damages to crops and tangible improvements of the surface owner, or any permanent loss of income due to loss or impairment of grazing, or other uses of the land by the surface owner. Pursuant to such a petition, the Secretary may use such bond or other guarantee to provide compensation to the surface owner for such damages and to insure the required reclamation. (m) Bond release The Secretary shall release the bond or other financial guarantee required under subsection (e) upon the successful completion of all requirements pursuant to a plan of operations approved under subsection (f). (n) Conveyance to surface owner The Secretary shall take such actions as may be necessary to simplify the procedures which must be complied with by surface owners of lands subject to this subchapter who apply to the Secretary to obtain title to interests in such lands owned by the United States. (o) Definitions For the purposes of subsections (b) through (n) (1) The term mineral activities means any activity for, related to or incidental to mineral exploration, mining, and beneficiation activities for any locatable mineral on a mining claim. When used with respect to this term (A) the term exploration means those techniques employed to locate the presence of a locatable mineral deposit and to establish its nature, position, size, shape, grade and value; (B) the term mining means the processes employed for the extraction of a locatable mineral from the earth; and (C) the term beneficiation means the crushing and grinding of locatable mineral ore and such processes are employed to free the mineral from the other constituents, including but not necessarily limited to, physical and chemical separation techniques. (2) The term mining claim means a claim located under the general mining laws of the United States (which generally comprise 30 U.S.C. chapters 2, 12A, and 16, and sections 161 and 162) subject to the terms and conditions of subsections (b) through (p) of this section. (3) The term tangible improvements includes agricultural, residential and commercial improvements, including improvements made by residential subdividers. (p) Minerals covered Subsections (b) through ( o (1) the Mineral Leasing Act ( 30 U.S.C. 181 (2) the Geothermal Steam Act of 1970 [ 30 U.S.C. 1001 (3) the Act of July 31, 1947 30 U.S.C. 601 ( Dec. 29, 1916, ch. 9,  9 39 Stat. 864 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100 Pub. L. 10323,  1(a) Apr. 16, 1993 107 Stat. 60  Editorial Notes  References in Text The effective date of this subsection, referred to in subsecs. (b)(1)(A) and (c), is the date 180 days after Apr. 16, 1993 This title, referred to in subsec. (i)(1), is unidentifiable because act Dec. 29, 1916 The Mineral Leasing Act, referred to in subsec. (p)(1), is act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of Title 30 The Geothermal Steam Act of 1970, referred to in subsec. (p)(2), is Pub. L. 91581 Dec. 24, 1970 84 Stat. 1566 section 1001 of Title 30 The Materials Act of 1947, referred to in subsec. (p)(3), is act July 31, 1947, ch. 406 61 Stat. 681 section 601 of Title 30 Amendments 1993 Pub. L. 10323 Statutory Notes and Related Subsidiaries Effective Date of 1993 Amendment Pub. L. 10323,  1(c) Apr. 16, 1993 107 Stat. 65 The amendments made by this Act [amending this section] shall take effect 180 days after the date of enactment [ Apr. 16, 1993 Regulations Pub. L. 10323,  1(d) Apr. 16, 1993 107 Stat. 65 The Secretary of the Interior shall issue final regulations to implement the amendments made by this Act [amending this section] not later than the effective date of this Act [see Effective Date of 1993 Amendment note above]. Failure to promulgate these regulations by reason of any appeal or judicial review shall not delay the effective date as specified in paragraph (c).  Abolition of Office of Surveyor General and Transfer of Functions Act Mar. 3, 1925, ch. 462 43 Stat. 1144 Report to Congress on Foreign Mineral Interests Pub. L. 10323,  2 Apr. 16, 1993 107 Stat. 65 Apr. 16, 1993 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 64 Stat. 1262 section 1451 of this title Words officer designated by the Secretary of the Interior substituted for register and Secretary of the Interior or such officer as he may designate substituted for Commissioner of the General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  300. Repealed. Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792   Section, acts Dec. 29, 1916, ch. 9,  10 39 Stat. 865 Jan. 29, 1929, ch. 114 45 Stat. 1144 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  301. Rules and regulations  The Secretary of the Interior is authorized to make all necessary rules and regulations in harmony with the provisions and purposes of this subchapter for the purpose of carrying the same into effect. ( Dec. 29, 1916, ch. 9,  11 39 Stat. 865  302. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section, act Mar. 4, 1923, ch. 245,  2 42 Stat. 1445 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title CHAPTER 8 TIMBER AND STONE LANDS  311 to 313. Repealed. Aug. 1, 1955, ch. 448 69 Stat. 434   Section 311, acts June 3, 1878, ch. 151,  1 20 Stat. 89 Aug. 4, 1892, ch. 375,  2 27 Stat. 348 May 18, 1898, ch. 344,  1 30 Stat. 418  Section 312, acts June 3, 1878, ch. 151,  2 20 Stat. 89 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145  Section 313, act June 3, 1878, ch. 151,  3 20 Stat. 90 Statutory Notes and Related Subsidiaries Existing Rights and Claims Act Aug. 1, 1955, ch. 448 69 Stat. 434 CHAPTER 8A GRAZING LANDS    SUBCHAPTER IGENERALLY  Sec.  315. Grazing districts; establishment; restrictions; prior rights; rights-of-way; hearing and notice; hunting or fishing rights.  315a. Protection, administration, regulation, and improvement of districts; rules and regulations; study of erosion and flood control; offenses.  315b. Grazing permits; fees; vested water rights; permits not to create right in land.  315c. Fences, wells, reservoirs, and other improvements; construction; permits; partition fences.  315d. Grazing stock for domestic purposes; use of natural resources.  315e. Rights of way; development of mineral resources.  315f. Homestead entry within district or withdrawn lands; classification; preferences.  315g 315g1. Repealed.  315h. Cooperation with associations, land officials, and agencies engaged in conservation or propagation of wildlife; local hearings on appeals; acceptance and use of contributions.  315i. Disposition of moneys received; availability for improvements.  315j. Appropriation of moneys received; application of public-land laws to Indian ceded lands; application for mineral title to lands.  315k. Cooperation with governmental departments; coordination of range administration.  315l. Lands under national-forest administration.  315m. Lease of isolated or disconnected tracts for grazing; preferences.  315m1. Lease of State, county, or privately owned lands; period of lease; rental.  315m2. Administration of leased lands.  315m3. Availability of contributions received.  315m4. Disposition of receipts; availability for leasing of land.  315n. State police power not abridged.  315o. Repealed.  315o Board of grazing district advisers; composition; meetings; duties.  315o Animals and equipment for field employees.  315p. Repealed.  315q. Withdrawal of lands for war or national defense purposes; payment for cancellation of permits or licenses.  315r. Rental payments in advance in case of withdrawal of lands for war or national defense purposes.  SUBCHAPTER IIALASKA  316. Declaration of policy.  316a. Definitions.  316b. Grazing districts.  316c. Alteration of grazing districts.  316d. Notice of establishment and alteration of grazing district; hearings.  316e. Preferences.  316f. Terms and conditions of lease.  316g. Grazing fees.  316h. Dispositions of receipts.  316i. Assignment of leases.  316j. Improvements to leasehold.  316k. Penalties.  316l. Stock driveways and free grazing.  316m. Hearing and appeals.  316n. Administration.  316o. Laws applicable. SUBCHAPTER I GENERALLY  315. Grazing districts; establishment; restrictions; prior rights; rights-of-way; hearing and notice; hunting or fishing rights  In order to promote the highest use of the public lands pending its final disposal, the Secretary of the Interior is authorized, in his discretion, by order to establish grazing districts or additions thereto and/or to modify the boundaries thereof, of vacant, unappropriated, and unreserved lands from any part of the public domain of the United States (exclusive of Alaska), which are not in national forests, national parks and monuments, Indian reservations, revested Oregon and California Railroad grant lands, or revested Coos Bay Wagon Road grant lands, and which in his opinion are chiefly valuable for grazing and raising forage crops: Provided December 29, 1916 39 Stat. 862 1 1 section 475 of title 16 Provided, however ( June 28, 1934, ch. 865,  1 48 Stat. 1269 June 26, 1936, ch. 842 49 Stat. 1976 May 28, 1954, ch. 243,  2 68 Stat. 151  Editorial Notes  References in Text The Stock Raising Homestead Act, referred to in text, is act Dec. 29, 1916, ch. 9 39 Stat. 862 Pub. L. 94579, title VII Oct. 21, 1976 90 Stat. 2787 section 291 of this title Section 471 of title 16 Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Amendments 1954Act May 28, 1954 1936Act June 26, 1936 Short Title Act June 28, 1934  315a. Protection, administration, regulation, and improvement of districts; rules and regulations; study of erosion and flood control; offenses  The Secretary of the Interior shall make provision for the protection, administration, regulation, and improvement of such grazing districts as may be created under the authority of section 315 of this title ( June 28, 1934, ch. 865,  2 48 Stat. 1270  315b. Grazing permits; fees; vested water rights; permits not to create right in land  The Secretary of the Interior is authorized to issue or cause to be issued permits to graze livestock on such grazing districts to such bona fide settlers, residents, and other stock owners as under his rules and regulations are entitled to participate in the use of the range, upon the payment annually of reasonable fees in each case to be fixed or determined from time to time in accordance with governing law. Grazing permits shall be issued only to citizens of the United States or to those who have filed the necessary declarations of intention to become such, as required by the naturalization laws, and to groups, associations, or corporations authorized to conduct business under the laws of the State in which the grazing district is located. Preference shall be given in the issuance of grazing permits to those within or near a district who are landowners engaged in the livestock business, bona fide occupants or settlers, or owners of water or water rights, as may be necessary to permit the proper use of lands, water or water rights owned, occupied, or leased by them, except that until July 1, 1935 January 1, 1934 December 31, 1934 Provided further ( June 28, 1934, ch. 865,  3 48 Stat. 1270 Aug. 6, 1947, ch. 507,  1 61 Stat. 790 Pub. L. 94579, title IV,  401(b)(3) Oct. 21, 1976 90 Stat. 2773  Editorial Notes Amendments 1976 Pub. L. 94579 1947Act Aug. 6, 1947 Statutory Notes and Related Subsidiaries Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  315c. Fences, wells, reservoirs, and other improvements; construction; permits; partition fences  Fences, wells, reservoirs, and other improvements necessary to the care and management of the permitted livestock may be constructed on the public lands within such grazing districts under permit issued by the authority of the Secretary, or under such cooperative arrangement as the Secretary may approve. Permittees shall be required by the Secretary of the Interior to comply with the provisions of law of the State within which the grazing district is located with respect to the cost and maintenance of partition fences. No permit shall be issued which shall entitle the permittee to the use of such improvements constructed and owned by a prior occupant until the applicant has paid to such prior occupant the reasonable value of such improvements to be determined under rules and regulations of the Secretary of the Interior. The decision of the Secretary in such cases is to be final and conclusive. ( June 28, 1934, ch. 865,  4 48 Stat. 1271  315d. Grazing stock for domestic purposes; use of natural resources  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  315e. Rights of way; development of mineral resources  Nothing contained in this subchapter shall restrict the acquisition, granting or use of permits or rights of way within grazing districts under existing law; or ingress or egress over the public lands in such districts for all proper and lawful purposes; and nothing contained in this subchapter shall restrict prospecting, locating, developing, mining, entering, leasing, or patenting the mineral resources of such districts under law applicable thereto. ( June 28, 1934, ch. 865,  6 48 Stat. 1272  315f. Homestead entry within district or withdrawn lands; classification; preferences  The Secretary of the Interior is authorized, in his discretion, to examine and classify any lands withdrawn or reserved by Executive order of November 26, 1934 February 5, 1935 1 1 Provided February 25, 1920 30 U.S.C. 181 Provided ( June 28, 1934, ch. 865,  7 48 Stat. 1272 June 26, 1936, ch. 842 49 Stat. 1976  Editorial Notes  References in Text Act of February 25, 1920 act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of Title 30 Amendments 1936Act June 26, 1936  315g, 315g1. Repealed. Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792   Section 315g, acts June 28, 1934, ch. 865,  8 48 Stat. 1272 June 26, 1936, ch. 842 49 Stat. 1976 June 19, 1948, ch. 548,  1 62 Stat. 533  Section 315g1, Pub. L. 87524 July 9, 1962 76 Stat. 140 section 315g of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  315h. Cooperation with associations, land officials, and agencies engaged in conservation or propagation of wildlife; local hearings on appeals; acceptance and use of contributions  The Secretary of the Interior shall provide, by suitable rules and regulations, for cooperation with local associations of stockmen, State land officials, and official State agencies engaged in conservation or propagation of wildlife interested in the use of the grazing districts. The Secretary of the Interior shall provide by appropriate rules and regulations for local hearings on appeals from the decisions of the administrative officer in charge in a manner similar to the procedure in the land department. The Secretary of the Interior shall also be empowered to accept contributions toward the administration, protection, and improvement of lands within or without the exterior boundaries of a grazing district, moneys, so received to be covered into the Treasury as a special fund, which is appropriated and made available until expended, as the Secretary of the Interior may direct, for payment of expenses incident to said administration, protection, and improvement, and for refunds to depositors of amounts contributed by them in excess of their share of the cost. ( June 28, 1934, ch. 865,  9 48 Stat. 1273 June 19, 1948, ch. 548,  2 62 Stat. 533  Editorial Notes Amendments 1948Act June 19, 1948  315i. Disposition of moneys received; availability for improvements  Except as provided in sections 315h and 315j of this title, all moneys received under the authority of this subchapter shall be deposited in the Treasury of the United States as miscellaneous receipts, but the following proportions of the moneys so received shall be distributed as follows: (a) 1212 per centum of the moneys collected as grazing fees under section 315b of this title Provided section 315m of this title 1 1 Provided ( June 28, 1934, ch. 865,  10 48 Stat. 1273 June 26, 1936, ch. 842 49 Stat. 1978 Aug. 6, 1947, ch. 507,  2 61 Stat. 790 Pub. L. 94579, title IV,  401(b)(2) Oct. 21, 1976 90 Stat. 2773  Editorial Notes  References in Text Section 315m of this title Pub. L. 94579 Amendments 1976 Pub. L. 94579 section 315m of this title 1947Act Aug. 6, 1947 section 315b of this title section 315m of this title 1936Act June 26, 1936 Statutory Notes and Related Subsidiaries Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  315j. Appropriation of moneys received; application of public-land laws to Indian ceded lands; application for mineral title to lands  When appropriated by Congress, 3313 per centum of all grazing fees received from each grazing district on Indian lands ceded to the United States for disposition under the public-land laws during any fiscal year shall be paid at the end thereof by the Secretary of the Treasury to the State in which said lands are situated, to be expended as the State legislature may prescribe for the benefit of public schools and public roads of the county or counties in which such grazing lands are situated. And the remaining 6623 per centum of all grazing fees received from such grazing lands shall be deposited to the credit of the Indians pending final disposition under applicable laws, treaties, or agreements. The applicable public land laws as to said Indian ceded lands within a district created under this subchapter shall continue in operation, except that each and every application for nonmineral title to said lands in a district created under this subchapter shall be allowed only if in the opinion of the Secretary of the Interior the land is of the character suited to disposal through the Act under which application is made and such entry and disposal will not affect adversely the best public interest, but no settlement or occupation of such lands shall be permitted until ninety days after allowance of an application. ( June 28, 1934, ch. 865,  11 48 Stat. 1273 Aug. 6, 1947, ch. 507,  3 61 Stat. 791  Editorial Notes Amendments 1947Act Aug. 6, 1947  315k. Cooperation with governmental departments; coordination of range administration  The Secretary of the Interior is authorized to cooperate with any department of the Government in carrying out the purposes of this subchapter and in the coordination of range administration, particularly where the same stock grazes part time in a grazing district and part time in a national forest or other reservation. ( June 28, 1934, ch. 865,  12 48 Stat. 1274  315l. Lands under national-forest administration  The President of the United States is authorized to reserve by proclamation and place under national-forest administration in any State where national forests may be created or enlarged by Executive order any unappropriated public lands lying within watersheds forming a part of the national forests which, in his opinion, can best be administered in connection with existing national-forest administration units, and to place under the Interior Department administration any lands within national forests, principally valuable for grazing, which, in his opinion, can best be administered under the provisions of this subchapter: Provided 1 1 ( June 28, 1934, ch. 865,  13 48 Stat. 1274  Editorial Notes  References in Text Sections 124 to 132 of title 5, referred to in text, was in the original title 4 of the Act entitled An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934 March 3, 1933 act Mar. 3, 1933, ch. 212 47 Stat. 1517 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632  315m. Lease of isolated or disconnected tracts for grazing; preferences  The Secretary of the Interior is further authorized, in his discretion, where vacant, unappropriated, and unreserved lands of the public domain are so situated as not to justify their inclusion in any grazing district to be established pursuant to this subchapter, to lease any such lands for grazing purposes, upon such terms and conditions as the Secretary may prescribe: Provided Provided further ( June 28, 1934, ch. 865,  15 48 Stat. 1275 June 26, 1936, ch. 842 49 Stat. 1978 May 28, 1954, ch. 243,  1 68 Stat. 151  Editorial Notes Amendments 1954Act May 28, 1954 1936Act June 26, 1936  315m1. Lease of State, county, or privately owned lands; period of lease; rental  The Secretary of the Interior in his discretion is authorized to lease at rates to be determined by him any State, county, or privately owned lands chiefly valuable for grazing purposes and lying within the exterior boundaries of a grazing district when, in his judgment, the leasing of such lands will promote the orderly use of the district and aid in conserving the forage resources of the public lands therein: Provided Provided further ( June 23, 1938, ch. 603,  1 52 Stat. 1033  Editorial Notes Codification Section was not enacted as a part of act June 28, 1934  315m2. Administration of leased lands  The lands leased under sections 315m1 to 315m4 of this title shall be administered under the provisions of the Act of June 28, 1934 48 Stat. 1269 June 26, 1936 49 Stat. 1976 ( June 23, 1938, ch. 603,  2 52 Stat. 1033  Editorial Notes  References in Text Act of June 28, 1934 48 Stat. 1269 June 26, 1936 49 Stat. 1976 act June 28, 1934, ch. 865 48 Stat. 1269 section 315 of this title Codification Section was not enacted as a part of act June 28, 1934  315m3. Availability of contributions received  Contributions received by the Secretary of the Interior under section 315h of this title ( June 23, 1938, ch. 603,  3 52 Stat. 1033  Editorial Notes Codification Section was not enacted as a part of act June 28, 1934  315m4. Disposition of receipts; availability for leasing of land  All moneys received by the Secretary of the Interior in the administration of leased lands as provided in section 315m2 of this title ( June 23, 1938, ch. 603,  4 52 Stat. 1033  Editorial Notes Codification Section was not enacted as a part of act June 28, 1934  315n. State police power not abridged  Nothing in this subchapter shall be construed as restricting the respective States from enforcing any and all statutes enacted for police regulation, nor shall the police power of the respective States be, by this subchapter, impaired or restricted, and all laws heretofore enacted by the respective States or any thereof, or that may hereafter be enacted as regards public health or public welfare, shall at all times be in full force and effect: Provided, however ( June 28, 1934, ch. 865,  16 48 Stat. 1275  315o. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 649   Section, act June 28, 1934, ch. 865,  17 June 26, 1936, ch. 842,  6 49 Stat. 1978  315o1. Board of grazing district advisers; composition; meetings; duties (a) In order that the Secretary of the Interior may have the benefit of the fullest information and advice concerning physical, economic, and other local conditions in the several grazing districts, there shall be an advisory board of local stockmen in each such district, the members of which shall be known as grazing district advisers. Each such board shall consist of not less than five nor more than twelve members, exclusive of wildlife representatives, one such representative to be appointed by the Secretary, in his discretion, to membership on each such board. Except for such wildlife representatives, the names of the members of each district advisory board shall be recommended to the Secretary by the users of the range in that district through an election conducted under rules and regulations prescribed by the Secretary. No grazing district adviser so recommended, however, shall assume office until he has been appointed by the Secretary and has taken an oath of office. The Secretary may, after due notice, remove any grazing district adviser from office if in his opinion such removal would be for the good of the service. (b) Each district advisory board shall meet at least once annually at a time to be fixed by the Secretary of the Interior, or by such other officer to whom the Secretary may delegate the function of issuing grazing permits, and at such other times as its members may be called by such officer. Each board shall offer advice and make a recommendation on each application for such a grazing permit within its district: Provided ( June 28, 1934, ch. 865,  18 July 14, 1939, ch. 270 53 Stat. 1002 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries Termination of Advisory Boards Advisory boards in existence on Jan. 5, 1973 Jan. 5, 1973 Jan. 5, 1973 Executive Documents  Transfer of Functions Secretary of the Interior substituted for Director of Grazing in subsec. (b) on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished Grazing Service and transferred functions of Grazing Service to a new agency in Department of the Interior to be known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title  315o2. Animals and equipment for field employees  The Secretary of the Interior may require field employees of the Bureau of Land Management to furnish horses and miscellaneous equipment necessary for the performance of their official work and may provide at Government expense forage, care, and housing for such animals and equipment. ( Dec. 18, 1942, ch. 769 56 Stat. 1067 July 16, 1946 60 Stat. 1100  Editorial Notes Codification Section was not enacted as a part of act June 28, 1934 Executive Documents  Transfer of Functions Bureau of Land Management substituted for Grazing Service on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished Grazing Service and transferred functions of Grazing Service to a new agency to be known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title  315p. Repealed. Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792   Section, act Aug. 24, 1937, ch. 744 50 Stat. 748 section 315g of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  315q. Withdrawal of lands for war or national defense purposes; payment for cancellation of permits or licenses  Whenever use for war or national defense purposes of the public domain or other property owned by or under the control of the United States prevents its use for grazing, persons holding grazing permits or licenses and persons whose grazing permits or licenses have been or will be canceled because of such use shall be paid out of the funds appropriated or allocated for such project such amounts as the head of the department or agency so using the lands shall determine to be fair and reasonable for the losses suffered by such persons as a result of the use of such lands for war or national defense purposes. Such payments shall be deemed payment in full for such losses. Nothing contained in this section shall be construed to create any liability not now existing against the United States. ( July 9, 1942, ch. 500 56 Stat. 654 May 28, 1948, ch. 353,  1 62 Stat. 277  Editorial Notes Codification Section was not enacted as a part of act June 28, 1934 Amendments 1948Act May 28, 1948 Statutory Notes and Related Subsidiaries Effective Date of 1948 Amendment Act May 28, 1948, ch. 353,  2 62 Stat. 277 This amendment [amending this section] is to take effect as of July 25, 1947 Termination of War and Emergencies Joint Res. July 25, 1947, ch. 327,  3 61 Stat. 451 July 25, 1947 September 8, 1939 May 27, 1941  315r. Rental payments in advance in case of withdrawal of lands for war or national defense purposes  In administering the provisions of section 315q of this title ( Oct. 29, 1949, ch. 787 63 Stat. 996  Editorial Notes Codification Section was not enacted as a part of act June 28, 1934 SUBCHAPTER II ALASKA  316. Declaration of policy  It is declared to be the policy of Congress in promoting the conservation of the natural resources of Alaska to provide for the protection and development of forage plants and for the beneficial utilization thereof for grazing by livestock under such regulations as may be considered necessary and consistent with the purposes and provisions of this subchapter. In effectuating this policy the use of these lands for grazing shall be subordinated (a) to the development of their mineral resources, (b) to the protection, development, and utilization of their forests, (c) to the protection, development, and utilization of their water resources, (d) to their use for agriculture, and (e) to the protection, development, and utilization of such other resources as may be of greater benefit to the public. ( Mar. 4, 1927, ch. 513,  1 44 Stat. 1452  Editorial Notes Codification Section was formerly classified to section 471 of Title 48 Short Title Act Mar. 4, 1927, ch. 513  316a. Definitions As used in this subchapter (1) The term person means individual, partnership, corporation, or association. (2) The term district means any grazing district established under the provisions of section 316b of this title (3) The term Secretary means the Secretary of the Interior. (4) The term lessee means the holder of any lease. ( Mar. 4, 1927, ch. 513,  2 44 Stat. 1452  Editorial Notes Codification Section was formerly classified to section 471a of Title 48  316b. Grazing districts (a) The Secretary may establish grazing districts upon any public lands outside of the Aleutian Islands Reservation, national forests, and other reservations administered by the Secretary of Agriculture and outside of national parks and monuments which, in his opinion, are valuable for the grazing of livestock. Such districts may include such areas of surveyed and unsurveyed lands as he determines may be conveniently administered as a unit, even if such areas are neither contiguous nor adjacent. (b) The Secretary, after the establishment of a district, is authorized to lease the grazing privileges therein in accordance with the provisions of this subchapter. 1 1 ( Mar. 4, 1927, ch. 513,  3 44 Stat. 1452  Editorial Notes  References in Text This subchapter, referred to in subsec. (b), was in the original this title and has been translated as if the reference was to this Act to reflect the probable intent of Congress inasmuch as the act of Mar. 4, 1927 Codification Section was formerly classified to section 471b of Title 48  316c. Alteration of grazing districts 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  316d. Notice of establishment and alteration of grazing district; hearings  Before establishing or altering a district the Secretary shall publish once a week for a period of six consecutive weeks in a newspaper of general circulation in each judicial division in which the district proposed to be established or altered is located, a notice describing the boundaries of the proposed district or the proposed alteration, announcing the date on which he proposes to establish such district or make such alteration and the location and date of hearings required under this section. No such alteration shall be made until after public hearings are held with respect to such alteration in each such judicial division after the publishing of such notice. ( Mar. 4, 1927, ch. 513,  5 44 Stat. 1453 Pub. L. 90403,  1 July 18, 1968 82 Stat. 358  Editorial Notes Codification Section was formerly classified to section 471d of Title 48 Amendments 1968 Pub. L. 90403  316e. Preferences  In considering applications to lease grazing privileges the Secretary shall, as far as is consistent with the efficient administration of the grazing district, prefer (1) natives, (2) other occupants of the range, and (3) settlers over all other applicants. ( Mar. 4, 1927, ch. 513,  6 44 Stat. 1453  Editorial Notes Codification Section was formerly classified to section 471e of Title 48  316f. Terms and conditions of lease (a) Period of lease A lease may be made for such term as the Secretary deems reasonable, but not to exceed fifty-five years, taking into consideration all factors that are relevant to the exercise of the grazing privileges conferred. (b) Size of leasehold Leases shall be made for grazing on a definite area except where local conditions or the administration of grazing privileges makes more practicable a lease based on the number of stock to be grazed. (c) Terms for surrender of lease Each lease shall provide that the lessee may surrender his lease, and, if he has complied with the terms and conditions of the lease to the time of surrender, may avoid further liability for fees thereunder by giving written notice to the Secretary of such surrender. The lease shall specify the length of time of notice, which shall not exceed one year. (d) Terms for renewal of lease Each lease shall provide that the lessee may negotiate for renewal of such lease, subject to the provisions of this subchapter, at any time during the final five years of the term of such lease. ( Mar. 4, 1927, ch. 513,  7 44 Stat. 1453 Pub. L. 90403,  2 July 18, 1968 82 Stat. 358  Editorial Notes Codification Section was formerly classified to section 471f of Title 48 Amendments 1968Subsec. (a). Pub. L. 90403,  2(a) Subsec. (d). Pub. L. 90403,  2(b)  316g. Grazing fees (a) The Secretary shall determine for each lease the grazing fee to be paid. Such fee shall (1) Be fixed on the basis of the area leased or on the basis of the number and kind of stock permitted to be grazed; (2) Be fixed, for the period of the lease, as a seasonal or annual fee, payable annually or semi-annually on the date specified in the lease; (3) Be fixed with due regard to the general economic value of the grazing privileges, and in no case shall exceed such value; and (4) Be moderate. (b) If the Secretary determines such action to be for the public interest by reason of (1) depletion or destruction of the range by any cause beyond the control of the lessee, or (2) calamity or disease causing wholesale destruction of or injury to livestock, he may grant an extension of time for making payment of any grazing fee undue any lease, reduce the amount of any such payment, or release or discharge the lessee from making such payment. ( Mar. 4, 1927, ch. 513,  8 44 Stat. 1453  Editorial Notes Codification Section was formerly classified to section 471g of Title 48  316h. Dispositions of receipts  All moneys received during any fiscal year on account of such fees in excess of the actual cost of administration of this subchapter shall be paid at the end thereof by the Secretary of the Treasury to the Territory of Alaska, to be expended in such manner as the Legislature of the Territory may direct for the benefit of public education and roads. ( Mar. 4, 1927, ch. 513,  9 44 Stat. 1453  Editorial Notes Codification Section was formerly classified to section 471h of Title 48 Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  316i. Assignment of leases  The lessee may, with the approval of the Secretary, assign in whole or in part any lease, and to the extent of such assignment be relieved from any liability in respect of such lease, accruing subsequent to the effective date of such assignment. ( Mar. 4, 1927, ch. 513,  10 44 Stat. 1453  Editorial Notes Codification Section was formerly classified to section 471i of Title 48  316j. Improvements to leasehold (a) Authorization The Secretary may authorize a lessee to construct and/or maintain and utilize upon any area included within the provisions of his lease any fence, building, corral, reservoir, well or other improvements needed for the exercise of the grazing privileges of the lessee within such area; but any such fence shall be constructed as to permit the ingress and egress of miners, prospectors for minerals, and other persons entitled to enter such area for lawful purposes. (b) Removal of improvement upon termination of lease The lessee shall be given ninety days from the date of termination of his lease for any cause to remove from the area included within the provisions of his lease any fence, building, corral, or other removable range improvement owned or controlled by him. (c) Payment for improvement upon termination of lease If such lessee notifies the Secretary on or before the termination of his lease of his determination to leave on the land any improvements the construction or maintenance of which has been authorized by the Secretary, no other person shall use or occupy under any grazing lease, or entry under any public land law, the land on which any such improvements are located until there has been paid to the person entitled thereto the value of such improvements as determined by the Secretary. ( Mar. 4, 1927, ch. 513,  11 44 Stat. 1454  Editorial Notes Codification Section was formerly classified to section 471j of Title 48  316k. Penalties  Within one year from the date of the establishment of any district the Secretary shall give notice by publication in one or more newspapers of general circulation in each judicial division in which such district or any part thereof is located that after the date specified in such notice it shall be unlawful for any person to graze any class of livestock on lands in such district except under authority of a lease made or permission granted by the Secretary; and any person who willfully grazes livestock on such lands after such date and without such authority shall, upon conviction, be punished by a fine of not more than $500. ( Mar. 4, 1927, ch. 513,  12 44 Stat. 1454  Editorial Notes Codification Section was formerly classified to section 471k of Title 48  316l. Stock driveways and free grazing (a) Establishment, maintenance and regulation The Secretary may establish and maintain, and regulate the use of, stock driveways in districts and may charge a fee for or permit the free use of such driveways. (b) Grazing of livestock free of charge The Secretary may permit any person, including prospectors and miners, to graze free of charge a small number of livestock upon any land included within any grazing district. (c) Grazing allotments to Eskimos or other native or half-breed The Secretary may in his discretion grant a permit or lease for a grazing allotment without charge on unallotted public lands to any Eskimo or other native or half-breed. Whenever such native or half-breed grazes his livestock through cooperative agreement on allotment held by other lessee or permittee, any grazing fees charged for said allotment shall be reduced in proportion to the relative number of such native owned livestock to the total number on said allotment. ( Mar. 4, 1927, ch. 513,  13 44 Stat. 1454  Editorial Notes Codification Section was formerly classified to section 471 l  316m. Hearing and appeals (a) Any lessee of or applicant for grazing privileges, including any person described in subsection (c) of section 316 l (b) The Secretary shall take no action which will adversely affect rights under any lease pursuant to this subchapter until notifying the holder of such lease that such action is proposed and giving such holder an opportunity for a hearing. ( Mar. 4, 1927, ch. 513,  14 44 Stat. 1454 July 16, 1946 60 Stat. 1100 Pub. L. 90403,  3 July 18, 1968 82 Stat. 358  Editorial Notes Codification Section was formerly classified to section 471m of Title 48 Amendments 1968 Pub. L. 90403 Executive Documents  Transfer of Functions Secretary substituted for Commissioner of the General Land Office and such officer as the Secretary of the Interior may designate and such officer substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished General Land Office and Commissioner thereof and transferred functions of General Land Office to a new agency in Department of the Interior to be known as Bureau of Land Management, and functions of Commissioner of General Land Office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title  316n. Administration (a) The Secretary shall promulgate all rules and regulations necessary to the administration of this subchapter, 1 1 1 (b) The Secretary of Agriculture is authorized to continue investigations, experiments and demonstrations for the welfare, improvement, and increase of the reindeer industry in Alaska, and upon the request of the Secretary of the Interior to cooperate in matters pertaining to the care of plant and animal life, including reindeer. ( Mar. 4, 1927, ch. 513,  15 44 Stat. 1455 Oct. 28, 1949, ch. 782 63 Stat. 972  Editorial Notes  References in Text This subchapter, referred to in subsec. (a), was in the original this title and has been translated as if the reference was to this Act to reflect the probable intent of Congress inasmuch as the act of Mar. 4, 1927 Codification In subsec. (a), chapter 51 and subchapter III of chapter 53 of title 5 substituted for the Classification act of 1949, as amended on authority of Pub. L. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 Section was formerly classified to section 471n of Title 48 Amendments 1949Subsec. (a). Act Oct. 28, 1949 Statutory Notes and Related Subsidiaries Repeals Act Oct. 28, 1949, ch. 782 Pub. L. 89554,  8 Sept. 6, 1966 80 Stat. 632 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 64 Stat. 1262 section 1451 of this title  316o. Laws applicable  Laws now applicable to lands or resources in the Territory of Alaska shall continue in force and effect to the same extent and in the same manner after March 4, 1927 ( Mar. 4, 1927, ch. 513,  16 44 Stat. 1455  Editorial Notes Codification Section was formerly classified to section 471 o Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 CHAPTER 9 DESERT-LAND ENTRIES    Sec.  321. Entry right generally; extent of right to appropriate waters.  322. Desert lands defined; question how determined.  323. Application to certain States.  324. Assignment of entries.  325. Resident citizenship of State as qualification for entry.  326. Unsurveyed lands not subject to entry; preferential right of entry after survey.  327. Filing irrigation plan; association of entrymen.  328. Expenditures and cultivation requirements.  329. Issue of patent on final proof; citizenship requirement as to patentee; limit as to amount of holding.  330. Desert-land entry in addition to homestead entry.  331. Reclamation requirements waived in favor of disabled soldiers, etc.  332. Omitted.  333. Extension of time for completion of irrigation works.  334. Further extension of time for final proofs.  335. Further extension in cases not covered by sections 333 and 334 of this title.  336. Further extension in addition to that authorized by sections 333 to 335 of this title.  336a 336d. Repealed or Omitted.  337. Entry, after expenditures, perfected as homestead entry.  338. Election to perfect entry; final proof.  339. Perfection of title to entry; supplementary provisions to sections 335, 337, and 338.  321. Entry right generally; extent of right to appropriate waters  It shall be lawful for any citizen of the United States, or any person of requisite age who may be entitled to become a citizen, and who has filed his declaration to become such and upon payment of 25 cents per acreto file a declaration under oath with the officer designated by the Secretary of the Interior of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one-half section, by conducting water upon the same, within the period of three years thereafter: Provided, however section 3 of the Act of June 16, 1955 ( Mar. 3, 1877, ch. 107,  1 19 Stat. 377 Aug. 30, 1890, ch. 837,  1 26 Stat. 391 Mar. 3, 1891, ch. 561,  2 26 Stat. 1096 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100 Pub. L. 85641,  1 Aug. 14, 1958 72 Stat. 596  Editorial Notes  References in Text Section 3 of the Act of June 16, 1955 act June 16, 1955, ch. 145 69 Stat. 138 section 83 of Title 30 Codification The original text provided for the sale of 640 acres. The aggregate quantity which any person could acquire under all the land laws was limited, however, to 320 acres by act Aug. 30, 1890 section 212 of this title Amendments 1958 Pub. L. 85641 Statutory Notes and Related Subsidiaries Arizona Entries Dependent Upon Percolating Waters Act Aug. 4, 1955, ch. 548 69 Stat. 491 The requirement of section 1 of the Desert Land Act of March 3, 1877 19 Stat. 377 Aug. 4, 1955 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 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 64 Stat. 1262 section 1451 of this title Officer designated by the Secretary of the Interior and such officer substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of district land offices to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title Mar. 3, 1925 Oct. 28, 1921  322. Desert lands defined; question how determined  All lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of sections 321 to 323, 325, and 327 to 329 of this title, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated. The determination of what may be considered desert land shall be subject to the decision and regulation of the Secretary of the Interior or such officer as he may designate. ( Mar. 3, 1877, ch. 107 19 Stat. 377 July 16, 1946 60 Stat. 1100  Editorial Notes Codification The first paragraph of this section is from section 2 of act Mar. 3, 1877 The second paragraph of this section is from the last clause of section 3 of act Mar. 3, 1877 section 323 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 Executive Documents  Transfer of Functions Secretary of the Interior or such officer as he may designate substituted for Commissioner of the General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished General Land Office and Commissioner thereof and transferred functions of General Land Office to a new agency in Department of the Interior to be known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title  323. Application to certain States  Sections 321 to 323, 325, and 327 to 329 of this title shall only apply to and take effect in the States of California, Colorado, Oregon, Nevada, Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and North and South Dakota. ( Mar. 3, 1877, ch. 107 19 Stat. 377 Mar. 3, 1891, ch. 561,  2 26 Stat. 1097 Jan. 6, 1921, ch. 12 41 Stat. 1086  Editorial Notes Codification Section is from the first clause of section 3 of act Mar. 3, 1877 Mar. 3, 1877 Mar. 3, 1891 The second clauses of section 3 and 8 of act Mar. 3, 1877 section 325 of this title The first clause of section 3 of act Mar. 3, 1877 The first clause of section 8 of act Mar. 3, 1877 Mar. 3, 1891 The Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico and Dakota have become States since the enactment of act Mar. 3, 1877 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  324. Assignment of entries  No assignment after March 28, 1908 ( Mar. 28, 1908, ch. 112,  2 35 Stat. 52  325. Resident citizenship of State as qualification for entry  Excepting in the State of Nevada, no person shall be entitled to make entry of desert lands unless he be a resident citizen of the State or Territory in which the land sought to be entered is located. ( Mar. 3, 1877, ch. 107,  8 Mar. 3, 1891, ch. 561,  2 26 Stat. 1097 Jan. 6, 1921, ch. 12 41 Stat. 1086  Editorial Notes Codification Section is comprised of the second clause of section 8 of act Mar. 3, 1877 Mar. 3, 1891 Mar. 3, 1877 section 323 of this title Act Jan. 6, 1921 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  326. Unsurveyed lands not subject to entry; preferential right of entry after survey  From and after March 28, 1908 Provided, however ( Mar. 28, 1908, ch. 112,  1 35 Stat. 52  327. Filing irrigation plan; association of entrymen  At the time of filing the declaration required in section 321 of this title ( Mar. 3, 1877, ch. 107,  4 Mar. 3, 1891, ch. 561,  2 26 Stat. 1096  Statutory Notes and Related Subsidiaries Existing Claims; Repeals Act Mar. 3, 1877, ch. 107,  6 act Mar. 3, 1891, ch. 561,  2 26 Stat. 1097 Mar. 3, 1891 Mar. 3, 1891 Section as Unaffected by Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title  328. Expenditures and cultivation requirements  No land shall be patented to any person under sections 321 to 323, 325, and 327 to 329 of this title unless he or his assignors shall have expended in the necessary irrigation, reclamation, and cultivation thereof, by means of main canals and branch ditches, and in permanent improvements upon the land, and in the purchase of water rights for the irrigation of the same, at least $3 per acre of whole tract reclaimed and patented in the manner following: Within one year after making entry for such tract of desert land as aforesaid the party so entering shall expend not less than $1 per acre for the purposes aforesaid; and he shall in like manner expend the sum of $1 per acre during the second and also during the third year thereafter, until the full sum of $3 per acre is so expended. Said party shall file during each year with the officer designated by the Secretary of the Interior proof, by the affidavits of two or more credible witnesses, that the full sum of $1 per acre has been expended in such necessary improvements during such year, and the manner in which expended, and at the expiration of the third year a map or plan showing the character and extent of such improvements. If any party who has made such application shall fail during any year to file the testimony aforesaid the lands shall revert to the United States, and the 25 cents advanced payment shall be forfeited to the United States, and the entry shall be canceled. Nothing herein contained shall prevent a claimant from making his final entry and receiving his patent at an earlier date than hereinbefore prescribed, provided that he then makes the required proof of reclamation to the aggregate extent of $3 per acre: Provided ( Mar. 3, 1877, ch. 107,  5 Mar. 3, 1891, ch. 561,  2 26 Stat. 1096 July 16, 1946 60 Stat. 1100  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 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 64 Stat. 1262 section 1451 of this title Officer designated by the Secretary of the Interior substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of district land offices to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title  329. Issue of patent on final proof; citizenship requirement as to patentee; limit as to amount of holding  At any time after filing the declaration, and within the period of four years thereafter, upon making satisfactory proof to the officer designated by the Secretary of the Interior of the reclamation and cultivation of said land to the extent and cost and in the manner aforesaid, and substantially in accordance with the plans herein provided for, and that he or she is a citizen of the United States, and upon payment to such officer of the additional sum of $1 per acre for said land, a patent shall issue therefor to the applicant or his assigns; but no person or association of persons shall hold by assignment or otherwise prior to the issue of patent, more than three hundred and twenty acres of such arid or desert lands, but this section shall not apply to entries made or initiated prior to March 3, 1891 Provided, however ( Mar. 3, 1877, ch. 107,  7 Mar. 3, 1891, ch. 561,  2 26 Stat. 1097 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries Five-Year Period The period of four years prescribed by this section was extended to five years as to pending entries where the time for final proof had not expired prior to Jan. 1, 1894 act Aug. 4, 1894, ch. 208 28 Stat. 226 Section as Unaffected by Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title 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 64 Stat. 1262 section 1451 of this title Officer designated by the Secretary of the Interior substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of register of district land offices to Secretary of the Interior. See section 403 of Reorg. Plan No. 3, 1946, set out as a note under section 1 of this title Mar. 3, 1925 Oct. 28, 1921  330. Desert-land entry in addition to homestead entry  The right to make a desert-land entry shall not be denied to any applicant therefor who has already made an enlarged homestead entry of three hundred and twenty acres: Provided ( Feb. 27, 1917, ch. 134 39 Stat. 946  331. Reclamation requirements waived in favor of disabled soldiers, etc.  Any entryman under the desert-land laws, or any person entitled to preference right of entry under section 326 of this title November 11, 1918 Provided ( Mar. 1, 1921, ch. 102,  2 Dec. 15, 1921, ch. 3 42 Stat. 348  332. Omitted  Editorial Notes Codification Section, act Aug. 7, 1917, ch. 48 40 Stat. 250  333. Extension of time for completion of irrigation works  Any entryman under sections 321 to 323, 325, and 327 to 329 of this title who shall show to the satisfaction of the Secretary of the Interior or such officer as he may designate that he has in good faith complied with the terms, requirements, and provisions of said sections, but that because of some unavoidable delay in the construction of the irrigating works intended to convey water to the said lands, he is, without fault on his part, unable to make proof of the reclamation and cultivation of said land, as required by said sections, shall, upon filing his corroborated affidavit with the land office in which said land is located, setting forth said facts, be allowed an additional period of not to exceed three years, within the discretion of the Secretary or such officer, within which to furnish proof as required by said sections of the completion of said work. ( Mar. 28, 1908, ch. 112,  3 35 Stat. 52 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries Other Extension Periods Act June 24, 1921, ch. 28 42 Stat. 66 May 1, 1923 A further extension of time to make final proof on desert-land entries in the counties of Benton, Yakima, and Klickitat, in the State of Washington, was authorized by act Feb. 28, 1911, ch. 180 36 Stat. 960 Previous provisions for extension of time for making final proofs under entries of desert lands in certain cases were made by act Aug. 4, 1894, ch. 208 28 Stat. 226 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 64 Stat. 1262 section 1451 of this title Secretary of the Interior or such officer as he may designate and Secretary or such officer substituted for Commissioner of the General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished General Land Offices and Commissioner thereof and transferred function of General Land Office to a new agency in Department of the Interior to be known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title  334. Further extension of time for final proofs  The Secretary of the Interior may, in his discretion, in addition to the extension authorized by section 333 of this title April 30, 1912 Provided Provided April 30, 1912 ( Apr. 30, 1912, ch. 101 37 Stat. 106  335. Further extension in cases not covered by sections 333 and 334 of this title  The Secretary of the Interior may, in his discretion, extend the time within which final proof is required to be submitted upon any lawful pending desert-land entry made prior to March 4, 1915 Provided Provided further March 4, 1915 Provided further March 4, 1915 ( Mar. 4, 1915, ch. 147,  5 38 Stat. 1161 Mar. 21, 1918, ch. 26 40 Stat. 458  Editorial Notes Codification Section is comprised of second paragraph of section 5 of act Mar. 4, 1915 act June 30, 1949, ch. 288, title VI,  602(a)(26) 63 Stat. 401 July 1, 1949 Sept. 5, 1950, ch. 849,  6(a) 64 Stat. 583 Act Mar. 21, 1918 Mar. 4, 1915 Mar. 4, 1915 July 1, 1914  336. Further extension in addition to that authorized by sections 333 to 335 of this title  The Secretary of the Interior may, in his discretion, in addition to the extensions authorized by sections 333 to 335 of this title or other law existing prior to February 25, 1925 Provided And provided further ( Feb. 25, 1925, ch. 329 43 Stat. 982  336a, 336b. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section 336a, act July 30, 1956, ch. 778,  1 70 Stat. 715  Section 336b, act July 30, 1956, ch. 778,  2 70 Stat. 716 Mar. 1, 1956 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  336c. Omitted  Editorial Notes Codification Section, act July 30, 1956, ch. 778,  3 70 Stat. 716 section 336a of this title section 336b of this title  336d. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section, act July 30, 1956, ch. 778,  4 70 Stat. 716 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  337. Entry, after expenditures, perfected as homestead entry  Where it shall be made to appear to the satisfaction of the Secretary of the Interior, under rules and regulations to be prescribed by him, with reference to any lawful pending desert-land entry made prior to March 4, 1915 March 4, 1915 section 335 of this title March 4, 1915 Provided March 4, 1915 ( Mar. 4, 1915, ch. 147,  5 38 Stat. 1161 Mar. 21, 1918, ch. 26 40 Stat. 458  Editorial Notes Codification Section is comprised of third paragraph of section 5 of act Mar. 4, 1915 act June 30, 1949, ch. 288, title VI,  602(a)(26) 63 Stat. 401 July 1, 1949 Sept. 5, 1950, ch. 849,  6(a) 64 Stat. 583 Act Mar. 21, 1918 Mar. 4, 1915 Mar. 4, 1915 July 1, 1914  338. Election to perfect entry; final proof  Any desert-land entryman or his assignee entitled to the benefit of section 337 of this title Provided Provided March 4, 1915 ( Mar. 4, 1915, ch. 147,  5 38 Stat. 1162 Mar. 21, 1918, ch. 26 40 Stat. 458 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Editorial Notes Codification Section is comprised of fourth paragraph of section 5 of act Mar. 4, 1915 act June 30, 1949, ch. 288, title VI,  602(a)(26) 63 Stat. 401 July 1, 1949 Sept. 5, 1950, ch. 849,  6(a) 64 Stat. 583 Act Mar. 21, 1918 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 64 Stat. 1262 section 1451 of this title Officer designated by the Secretary of the Interior substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of register of district land offices to Secretary of the Interior. See section 403 of Reorg. Plan No. 3, of 1946, set out as a note under section 1 of this title Oct. 28, 1921 Mar. 3, 1925  339. Perfection of title to entry; supplementary provisions to sections 335, 337, and 338  Where it shall be made to appear to the satisfaction of the Secretary of the Interior with reference to any lawful pending desert-land entry made prior to July 1, 1925 March 4, 1929 Provided ( Mar. 4, 1929, ch. 687 45 Stat. 1548 Feb. 14, 1934, ch. 9 48 Stat. 349 July 16, 1946 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 64 Stat. 1262 section 1451 of this title Officer designated by the Secretary of the Interior and such officer substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of register of district land offices to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title CHAPTER 10 UNDERGROUND-WATER RECLAMATION GRANTS  351 to 355. Repealed. Pub. L. 88417,  1 Aug. 11, 1964 78 Stat. 389   Section 351, act Oct. 22, 1919, ch. 77,  1 41 Stat. 293  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 July 16, 1946 60 Stat. 1100  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 July 16, 1946 60 Stat. 1100  Section 354, act Oct. 22, 1919, ch. 77,  4 41 Stat. 294  Section 355, act Oct. 22, 1919, ch. 77,  5 41 Stat. 294 Statutory Notes and Related Subsidiaries Savings Provision Pub. L. 88417,  1 Aug. 11, 1964 78 Stat. 389 That, subject to any valid rights and obligations existing on the date of approval of this Act [ Aug. 11, 1964 October 22, 1919 41 Stat. 293 43 U.S.C. 351355 Processing of Applications Filed Prior to August 11, 1964 Pub. L. 88417,  2 Aug. 11, 1964 78 Stat. 389 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  356. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section, act Sept. 22, 1922, ch. 400 42 Stat. 1012 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  357 to 360. Repealed. Pub. L. 88417,  1 Aug. 11, 1964 78 Stat. 389   Section 357, act Oct. 22, 1919, ch. 77,  6 41 Stat. 294  Section 358, act Oct. 22, 1919, ch. 77,  7 41 Stat. 295  Section 359, acts Oct. 22, 1919, ch. 77,  8 41 Stat. 295 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 360, act Oct. 22, 1919, ch. 77,  9 41 Stat. 295 Statutory Notes and Related Subsidiaries Savings Provision Sections repealed subject to valid rights and obligations existing on Aug. 11, 1964 section 1 of Pub. L. 88417 Processing of Pending Applications Processing of applications filed prior to Aug. 11, 1964 Pub. L. 88417 section 2 of Pub. L. 88417 CHAPTER 11 DISCOVERY, DEVELOPMENT, AND MARKING OF WATER HOLES, ETC., BY GOVERNMENT    Sec.  361. Authority to explore for, develop, and mark water holes, etc.  362. Injury to signposts and filling up or fouling water supply.  363. Rules and regulations by Secretary.  361. Authority to explore for, develop, and mark water holes, etc.  The Secretary of the Interior is authorized and empowered, in his discretion in so far as the authorization made herein will permit, to discover, develop, protect, and render more accessible for the benefit of the general public, springs, streams, and water holes on arid public lands of the United States; and in connection therewith to erect and maintain suitable and durable monuments and signboards at proper places and intervals along and near the accustomed lines of travel and over the general area of said desert lands, containing information and directions as to the location and nature of said springs, streams, and water holes, to the end that the same may be more readily traced and found by persons in search or need thereof; also to provide convenient and ready means, apparatus, and appliances by which water may be brought to the earths surface at said water holes for the use of such persons; also to prepare and distribute suitable maps, reports, and general information relating to said springs, streams, and water holes, and their specific location with reference to lines of travel. ( Aug. 21, 1916, ch. 360,  1 39 Stat. 518  362. Injury to signposts and filling up or fouling water supply  Whoever shall willfully or maliciously injure, destroy, deface, or remove any of said monuments or signposts, or shall willfully or maliciously fill up, render foul, or in anywise destroy or impair the utility of said springs, streams, or water holes, or shall willfully or maliciously interfere with said monuments, signposts, streams, springs, or water holes, or the purposes for which they are maintained and used, shall be fined not more than $1,000 or imprisoned not more than three years, or both. ( Aug. 21, 1916, ch. 360,  3 39 Stat. 518  363. Rules and regulations by Secretary  The Secretary of the Interior is authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this chapter into full force and effect. ( Aug. 21, 1916, ch. 360,  4 39 Stat. 518 CHAPTER 11A BOARD ON GEOGRAPHIC NAMES    Sec.  364. Uniformity in geographic nomenclature and orthography; exercise of functions of Secretary of the Interior.  364a. Board on Geographic Names; establishment and membership; appointment and term of office.  364b. Formulation of principles, policies and procedures; action by Secretary; recommendations of Board.  364c. Studies, investigations, and records; staff assistance; advisory committees.  364d. Promulgation of decisions; furnishing information.  364e. Standardization of geographic names; abolition of United States Board on Geographical Names in Department of the Interior; transfer of duties.  364f. Application to naming of offices or establishments.  364. Uniformity in geographic nomenclature and orthography; exercise of functions of Secretary of the Interior  The Secretary of the Interior, hereinafter called the Secretary, conjointly with the Board on Geographic Names, as hereinafter provided, shall provide for uniformity in geographic nomenclature and orthography throughout the Federal Government. The Secretary may exercise his functions through such officials as he may designate, except that such authority as relates to the final approval or review of actions of the Board on Geographic Names shall be exercised by him, or his Under or Assistant Secretaries. ( July 25, 1947, ch. 330,  1 61 Stat. 456  Statutory Notes and Related Subsidiaries Authorization of Appropriations Act July 25, 1947, ch. 330,  1 61 Stat. 457 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 64 Stat. 1262 section 1451 of this title  364a. Board on Geographic Names; establishment and membership; appointment and term of office  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. 91375 o Aug. 12, 1970 84 Stat. 773 Pub. L. 113235, div. H, title I,  1301(b) Dec. 16, 2014 128 Stat. 2537  Editorial Notes Amendments 1949Act Aug. 10, 1949 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. 113235 section 301 of Title 44 United States Postal Service substituted for Post Office Department in text on authority of Pub. L. 91375 o Aug. 12, 1970 84 Stat. 773 section 101 of Title 39 section 201 of Title 39  364b. Formulation of principles, policies and procedures; action by Secretary; recommendations of Board  The Board, subject to the approval of the Secretary, shall formulate principles, policies, and procedures to be followed with reference to both domestic and foreign geographic names; and shall decide the standard names and their orthography for official use. The principles, policies, and procedures formulated hereunder shall be designed to serve the interests of the Federal Government and the general public, to enlist the effective cooperation of the Federal departments and agencies most concerned, and to give full consideration to the specific interests of particular Federal and State agencies. Action may be taken by the Secretary in any matter wherein the Board does not act within a reasonable time. The Board may make such recommendations to the Secretary as it finds appropriate in connection with this chapter. ( July 25, 1947, ch. 330,  3 61 Stat. 456  364c. Studies, investigations, and records; staff assistance; advisory committees  The Secretary shall cause such studies and investigations to be made and such records to be kept as may be necessary or desirable in carrying out the purposes of this chapter, and he shall provide a place of meeting and staff assistance to the Board. The staff shall be responsible to the Secretary, who shall prescribe its relations to the Board and the committees of the Board. The Secretary may establish from time to time, upon recommendation of the Board, advisory committees of United States citizens who are recognized experts in their respective fields to assist in the solution of special problems arising under this chapter. ( July 25, 1947, ch. 330,  4 61 Stat. 456  Statutory Notes and Related Subsidiaries Termination of Advisory Committees Advisory committees in existence on Jan. 5, 1973 Jan. 5, 1973 Jan. 5, 1973 section 1013 of Title 5 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 64 Stat. 1262 section 1451 of this title  364d. Promulgation of decisions; furnishing information  For the guidance of the Federal Government, the Secretary shall promulgate in the name of the Board, from time to time and in such form as will carry out the purposes of this chapter, decisions with respect to geographic names and principles of geographic nomenclature and orthography. The Secretary shall also furnish such additional information with respect to geographic names as will assist in carrying out the purposes of this chapter. ( July 25, 1947, ch. 330,  5 61 Stat. 457  364e. Standardization of geographic names; abolition of United States Board on Geographical Names in Department of the Interior; transfer of duties  With respect to geographic names the pertinent decisions and principles issued by the Secretary shall be standard for all material published by the Federal Government. The United States Board on Geographical Names in the Department of the Interior created by Executive order, is abolished, and the duties of said Board are transferred to the Board herein created, and all departments, bureaus, and agencies of the Federal Government shall refer all geographic names and problems to the said Board for the purpose of eliminating duplication of work, personnel, and authority. ( July 25, 1947, ch. 330,  6 61 Stat. 457  364f. Application to naming of offices or establishments  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 CHAPTER 12 RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT    SUBCHAPTER IGENERAL PROVISIONS  Sec.  371. Definitions.  372. Water right as appurtenant to land and extent of right.  373. General authority of Secretary of the Interior.  373a. Commissioner of Reclamation; appointment.  373a1. Repealed.  373b. Law enforcement authority at Bureau of Reclamation facilities.  373c. Definitions.  373d. Grants and cooperative agreements with Indian tribes and organizations.  373e. Bureau of Reclamation site security.  373f. Partnerships, grants, and cooperative agreements with local joint powers authorities.  374. Sale of lands acquired in connection with irrigation project.  375. Sale of land improved at expense of reclamation fund.  375a. Sale under sections 374 and 375 of lands appraised at not exceeding $300.  375b. Disposal of tracts too small to be classed farm units.  375c. Sales of small tracts to resident farm owners and entrymen; price; terms; acreage purchasable.  375d. Issuance of patent for small tracts; reservations.  375e. Moneys from sale of small tracts covered into reclamation fund; credit.  375f. Rules and regulations.  376. Return of land donations not needed.  377. General expenses of Bureau of Reclamation chargeable to general reclamation fund.  377a. Limitation on use of funds where organizations or individuals are in arrears on contract charges.  377b. Availability of appropriations for Bureau of Reclamation.  378. Omitted.  379. Purchase of scientific books, law books, etc.  380 382. Repealed or Omitted.  383. Vested rights and State laws unaffected.  384. Extension of time for payment of charges accrued prior to March 2, 1924 January 1, 1925  385. Repealed.  385a. Payments to school districts for education of dependents of construction personnel; cooperative arrangements; chargeable to project.  385b 385c. Repealed or Omitted.  386. Application of excess-land provisions of reclamation laws to certain lands.  387. Removal of sand, gravel, etc.; leases, easements, etc.  388. Contracts for materials; liability of United States.  389. Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy.  390. Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation.  390a. Repealed.  390b. Development of water supplies for domestic, municipal, industrial, and other purposes.  390b1. Improving planning and administration of water supply storage.  390b2. Leveraging Federal infrastructure for increased water supply.  390c. Water reservoirs; interests of States and local agencies in storage space.  390d. Dams and reservoirs wherein costs thereof, or rights thereto, have been acquired by local interests.  390e. Rights, acquisition and availability of; obligation for operation and maintenance; costs for reconstruction, rehabilitation, or replacement; use during Government operation or by contract.  390f. Revision of leases or agreements to evidence conversion of rights to use of storage rights.  390g. Groundwater recharge of aquifers; demonstration program.  390g1. Phase I of groundwater recharge demonstration program.  390g2. Phase II of groundwater recharge demonstration program.  390g3. Evaluation of water quality impacts.  390g4. Authorization of appropriations to carry out phase I.  390g5. Authorization of appropriations to carry out phase II.  390g6. Matching basis for funding phase II from non-Federal sources.  390g7. New spending authority.  390g8. Interstate transfer of water from Arkansas.  390g9. Aquifer recharge flexibility.  390h. Program to investigate reclamation and reuse of wastewater and groundwater; general authority.  390h1. Appraisal investigations.  390h2. Feasibility studies.  390h3. Research and demonstration projects.  390h4. Southern California comprehensive water reclamation and reuse study.  390h5. San Jose area water reclamation and reuse program.  390h6. Phoenix metropolitan water reclamation study and program.  390h7. Tucson area water reclamation study.  390h8. Lake Cheraw water reclamation and reuse study.  390h9. San Francisco area water reclamation study.  390h10. San Diego area water reclamation program.  390h11. Los Angeles area water reclamation and reuse project.  390h12. San Gabriel basin demonstration project.  390h12a. North San Diego County Area Water Recycling Project.  390h12b. Calleguas Municipal Water District Recycling Project.  390h12c. Central Valley Water Recycling Project.  390h12d. St. George Area Water Recycling Project.  390h12e. Watsonville Area Water Recycling Project.  390h12f. Southern Nevada Water Recycling Project.  390h12g. Albuquerque Metropolitan Area Water Reclamation and Reuse Project.  390h12h. El Paso Water Reclamation and Reuse Project.  390h12i. Reclaimed water in Pasadena.  390h12j. Orange County Regional Water Reclamation Project.  390h12k. City of West Jordan Water Reuse Project.  390h12l. Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility.  390h12m. Mission Basin Brackish Groundwater Desalting Demonstration Project.  390h12n. Treatment of effluent from sanitation districts of Los Angeles County through city of Long Beach.  390h12o. San Joaquin Area Water Recycling and Reuse Project.  390h12p. Tooele Wastewater Treatment and Reuse Project.  390h13. Authorization of appropriations.  390h14. Groundwater study.  390h15. Authorization of appropriations.  390h16. Willow Lake Natural Treatment System Project.  390h17. Lakehaven, Washington, Water Reclamation and Reuse Project.  390h17a. Transferred.  390h18. Irvine basin groundwater and surface water improvement projects.  390h19. Williamson County, Texas, water recycling and reuse project.  390h20. Hawaii reclamation projects.  390h21. Inland Empire regional water recycling project.  390h22. Omitted.  390h23. Southern California desert region integrated water and economic sustainability plan.  390h24. Omitted.  390h25. Mountain View, Moffett Area reclaimed water pipeline project.  390h26. Pittsburg recycled water project.  390h27. Antioch recycled water project.  390h28. North Coast County Water District recycled water project.  390h29. Redwood City recycled water project.  390h30. South Santa Clara County recycled water project.  390h31. South Bay advanced recycled water treatment facility.  390h32. Rancho California Water District project, California.  390h33. Elsinore Valley Municipal Water District projects, California.  390h34. North Bay Water Reuse Program.  390h35 390h37. Omitted.  390h38. Yucaipa Valley regional water supply renewal project.  390h39. City of Corona Water Utility, California, water recycling and reuse project.  SUBCHAPTER IARECLAMATION REFORM  390aa. Congressional declaration of purpose; short title.  390bb. Definitions.  390cc. New or amended contracts.  390dd. Limitation on ownership.  390ee. Pricing.  390ff. Certification of compliance.  390gg. Equivalency.  390hh. Operation and maintenance charges.  390ii. Disposition of excess lands.  390jj. Water conservation.  390kk. Residency not required.  390ll. Corps of Engineers projects.  390mm. Repayment of construction charges.  390nn. Trusts.  390oo. Temporary supplies of water.  390pp. Involuntary foreclosure.  390qq. Isolated tracts.  390rr. Central Arizona Project.  390ss. Religious or charitable organizations.  390tt. Contract required.  390uu. Waiver of sovereign immunity.  390vv. Excess crop restrictions.  390ww. Administrative provisions.  390xx. Validation of contracts entered into prior to October 1, 1981  390yy. Leasing requirements.  390zz. Reporting.  390zz1. Severability.  SUBCHAPTER IIRECLAMATION FUND GENERALLY  391. Establishment of reclamation fund.  391a. Advances to reclamation fund.  391a1. Increase in reclamation fund; reimbursement of advances from Treasury.  391b. Omitted.  392. Payments into reclamation fund of moneys received from entrymen and water right applicants.  392a. Payment into reclamation fund of receipts from irrigation projects; transfer of power revenues to General Treasury after repayment of construction costs.  393. Proceeds from sale of materials, etc.  394. Proceeds from sale of products of or leases of withdrawn or reserved lands.  395. Contributions by State, municipality, etc.  396. Return of contributions to cooperative investigations of projects.  397. Advances by Government for completion of projects initiated prior to June 25, 1910  397a. Advances for operation and maintenance of projects.  398. Sales of Government certificates to obtain funds for advances.  399. Omitted.  400. Advances as item of cost of construction and maintenance of project.  401. Amounts collected from defaulting contractors and their sureties.  402 404. Omitted or Repealed.  SUBCHAPTER IIARECLAMATION WATER SETTLEMENTS FUND  407. Reclamation Water Settlements Fund.  SUBCHAPTER IIIINSTITUTION AND CONSTRUCTION OF PROJECTS  411. Surveys for, location, and construction of irrigation works generally.  411a. Repealed.  411a1. Authorization of appropriations for investigations of feasibility of reclamation projects.  411b. Employment of engineers, geologists, appraisers and economists for reclamation consultation work; compensation; retired Army and Navy officers as consulting engineers.  412. Prerequisites to initiation of project or division of project.  413. Approval of project by President.  414. Appropriation for projects essential.  415. Receipts applicable to project generally.  416. Laws applicable to withdrawn lands; restoration to entry.  417. Reservation of easements in public lands for reclamation projects.  418. Private lands within project; agreement as to disposal of excess over farm unit.  419. Contract for irrigation project; notice as to lands irrigable, unit of entry, and construction charges.  420. Use of earth, timber, etc., from other public lands.  421. Acquisition of lands for irrigation project; eminent domain.  421a. Construction of distribution and drainage systems by irrigation districts or public agencies.  421b. Loans for construction of distribution and drainage systems; repayment contract; time period for repayment of loan; irrigation district or other public agency defined.  421c. Conditions of loan for distribution and drainage systems; reconveyance by Secretary of lands, interests in lands, and distribution works heretofore conveyed to the United States; conditions of reconveyance; rights of way.  421d. Effect on existing laws.  421e. Municipal and industrial water supply delivery and distribution; allocation of loan funds; loan repayment contract requirements; rate of interest.  421f. Existing loan contracts; negotiation by Secretary of amendments.  421g. Existing rights unaffected.  421h. Procedural and substantive requirements applicable to works financed by loans pursuant to sections 421a to 421h of this title.  422. Construction of dams across Yellowstone River.  SUBCHAPTER IVCONSTRUCTION OF SMALL PROJECTS  422a. Declaration of purpose.  422b. Definitions.  422c. Proposals; submission; payment for cost of examination.  422d. Contents of proposals.  422e. Contract requirements.  422f. Proposals for projects previously authorized; waiver of requirements; approval; negotiation of contract.  422g. Information from Federal agencies; costs.  422h. Planning and construction; transfer of funds.  422i. Rules and regulations.  422j. Appropriations; notice to Congress of receipt of proposal; funds to initiate proposal; availability of appropriations; reimbursement; limitations on expenditures in any single State; waiver.  422k. Supplement to Federal reclamation laws; short title.  422k1. Loan contracts for deferment of repayment installments; amendment or supplementation.  422l. Application of this subchapter to Hawaii.  SUBCHAPTER VADMINISTRATION OF EXISTING PROJECTS  423. Permanently unproductive lands; exclusion from project; disposition of water right.  423a. Construction charges on permanently unproductive lands already paid; disposition.  423b. Suspension of payment of construction charges against areas temporarily unproductive.  423c. Exchange of unpatented entries; entries, farms or private lands, eliminated from project; rights not assignable; rights of lienholders; preference to ex-service men.  423d. Amendment of existing water right contracts by Secretary of the Interior.  423e. Completion of new projects or new division; execution of contract with district as condition precedent to delivery of water; contents of contract; cooperation of States with United States; limitations on sale of land.  423f. Purpose of sections 423 to 423g and 610.  423g. Adjustment of water right charges as final adjudication on projects and divisions named.  423h. Delivery of water to excess lands upon death of spouse.  424. Disposal of lands classified as temporarily or permanently unproductive; persons who may take.  424a. Sale of unproductive lands; terms; area purchasable; tracts included.  424b. Application of certain statutes to lands sold.  424c. Issuance of patents; recitals in patents; reservations.  424d. Use of moneys collected from sales, project construction charges and water rentals respecting unproductive lands.  424e. Authority of Secretary of the Interior; rules and regulations.  425. Exemption of lands owned by States, etc., from acreage limitation on receipt of irrigation benefits; determination of exempt status.  425a. Eligibility of transferred lands owned by States, etc., for receipt of water from a Federal reclamation project, division, or unit; conditions of eligibility; purchase price.  425b. Receipt of project water by lessees of irrigable lands owned by States, etc.; time limitation; applicability of acreage limitations.  SUBCHAPTER VIWATER RIGHT APPLICATIONS AND LAND ENTRIES  431. Limitation as to amount of water; qualifications of applicant.  432. Entry under homestead laws generally.  433. Character and capital qualification of entrymen.  433a. Preference of needy families.  434. Amount of land for which entry may be made; farm unit; subdivision of lands.  435. Entries in excess of farm unit.  436. Time when entry may be made generally.  437. Lands as to which entries made prior to June 25, 1910  438. Repealed.  439. Cultivation requirement as to entrymen.  440. Regulations as to use of water and requirements as to cultivation and reclamation of land; cancellation for noncompliance with requirements.  441. Assignment of entries generally.  442. Assignment between June 23, 1910 January 1, 1913  443. Limitation of amount of land holdable under assignment of entry.  444 445. Omitted.  446. Right to make entry on relinquishment of former entry under land laws.  447. Relinquishment of homestead entry and making new entry.  448. Desert-land entries within reclamation project generally.  449. Assignment of desert-land entry within project.  SUBCHAPTER VIIEXCHANGE AND AMENDMENT OF FARM UNITS  451. Conditions necessary for exchange; terms; credits; rights nonassignable.  451a. Persons eligible for benefits.  451b. Irrigation construction charges.  451c. Cancellation of charges or liens; credits.  451d. Disposal of improvements; water rights; revertibility of relinquished land.  451e. Amendment of farm unit; application; amount of land; exchange; waiver.  451f. Exchanges subject to mortgage contracts.  451g. Preferences; veterans; timely applicants.  451h. Establishment of farm units; size; contiguous or noncontiguous.  451i. Federal irrigation project defined.  451j. Rules and regulations.  451k. Availability of appropriations; expenses as nonreimbursable.  SUBCHAPTER VIIITAXATION  455. State taxation; lands of homestead entryman.  455a. State taxation; lands of desert-land entryman.  455b. State tax as lien upon lands; prior lien of United States; rights of holder of tax title.  455c. Extinguishment of liens and tax titles on reversion of lands to United States.  SUBCHAPTER IXCONSTRUCTION CHARGES  461. Determination of construction charges generally.  462. Classification of irrigable lands and equitable apportionment of charges.  463. Repealed.  464. Increases of charges on failure to make water-right application.  465. Charges for water service prior to notice of construction charge.  466. Surveys to correct errors or inequalities in original basis of project.  467. Repealed.  468. Withdrawal of notice given and modification of applications and contracts made prior to February 13, 1911  469. Increase in construction charges.  470. When work increasing construction charge may be undertaken.  471. Initial payment and annual installments of charges generally.  472. Installments on entries or applications made after August 13, 1914 December 5, 1924  473 474. Repealed.  475. Annual installments on entries and contracts prior to August 13, 1914  476. Repealed.  477. Association or irrigation district as fiscal agent of Government.  478. Pecuniary penalty for nonpayment of installments of construction charges.  479. Shutting off water for nonpayment of construction charge.  480. Cancellation of water right or entry for nonpayment of construction charge.  481. Action to recover construction charges and penalties.  482. Omitted.  SUBCHAPTER XPAYMENT OF CONSTRUCTION CHARGES  485. Declaration of policy.  485a. Definitions.  485b. Amendment of existing repayment contracts.  485b1. Deferment of installments under repayment contracts; determination of undue burden; conditions; supplemental contract; report to Congress.  485c. Repealed.  485d. Time of payments to the United States.  485e. Maintenance and operation of project works; delinquency penalties.  485f. Negotiation of equitable contracts by Secretary.  485g. Classification of lands.  485h. New projects; sale of water and electric power; lease of power privileges.  485h1. Administration of repayment contracts and long-term contracts to furnish water; renewal and conversion; credit for payments; right to available water supply; rates; construction component.  485h2. Amendments to existing contracts.  485h3. Long-term contract defined.  485h4. Application of State laws.  485h5. Supplement to Federal reclamation laws.  485h6. Repayment contracts; amendment for provision, addition or modification of irrigation blocks.  485h7. Amendment of repayment contract for payment of annual installments in two parts.  485i. Rules and regulations.  485j. Effect on existing laws.  485k. Short title.  SUBCHAPTER XIMAINTENANCE AND OPERATION OF WORKS GENERALLY  491. Authority of Secretary to operate works.  492. Operation and maintenance charges generally.  493. Operation charges; date of payment; discount; advance payment.  493a. Omitted.  494. Pecuniary penalty for nonpayment of operation charge.  495. Shutting off water for nonpayment of operation charge.  496. Cancellation of entry or water right for nonpayment of operation charge.  497. Action to recover operation charge and penalty.  498. Transfer of management and operation of works to water users generally.  499. Discretionary power to transfer management.  499a. Transfer of title to movable property; use of appropriations.  499b. Transfer to municipal corporations or other organizations of care, operation, and maintenance of works supplying water for municipal, domestic, or industrial use.  500. Duty of association or district to take over management.  501. Disposition of profits of project taken over by water users.  502. Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law.  503. Unusual or emergency conditions defined.  504. Rehabilitation and betterment of Federal reclamation projects, including small reclamation projects; return of costs; interest; definitions; performance of work.  505. Drainage facilities and minor construction in irrigation works; contracts with repayment organizations; limitation on costs; submission of contract to Congress.  505a. Definitions.  505a1. Asset Management Report enhancements for reserved works.  505a2. Asset Management Report enhancements for transferred works.  SUBCHAPTER XIARECLAMATION SAFETY OF DAMS  506. Authority of Secretary to make modifications.  507. Construction for dam safety.  508. Costs incurred in the modification of structures.  509. Authorization of appropriations; report to Congress.  509a. Project beneficiaries.  509b. Additional project benefits through the construction of new or supplementary works.  SUBCHAPTER XIBAGING INFRASTRUCTURE  510. Definitions.  510a. Guidelines and inspection of project facilities and technical assistance to transferred works operating entities.  510b. Extraordinary operation and maintenance work performed by the Secretary.  510c. Relationship to Twenty-First Century Water Works Act.  510d. Authorization of appropriations.  SUBCHAPTER XIICONTRACTS WITH STATE IRRIGATION DISTRICTS FOR PAYMENT OF CHARGES  511. Authority to contract with irrigation district.  512. Release of Government liens after contract with irrigation districts.  513. Lands in project subject to provisions of chapter; after contract with irrigation district.  SUBCHAPTER XIIISALE OR LEASE OF SURPLUS WATERS, WATER POWER, STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES  521. Sale of surplus waters generally.  522. Lease of water power.  523. Storage and transportation of water for irrigation districts, etc.  524. Cooperation with irrigation districts, etc., in construction of reservoirs and canals.  525. Covering proceeds into reclamation fund.  526. Credit of proceeds to particular project.  SUBCHAPTER XIVPATENTS AND FINAL WATER-RIGHT CERTIFICATES  541. When patent or final certificate issued.  542. Reservation of lien for charges; enforcement of lien; redemption.  543. Certificate of final payment and release of lien.  544. Limitation as to holdings prior to final payment of charges; forfeiture of excess holding.  545. Appointment of agents to receive payments; record of payments and amounts owing.  546. Jurisdiction of district court for enforcement of this subchapter.  547. Patent to desert-land entryman.  SUBCHAPTER XVTOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES  561. Survey and subdivision of land for town sites; reservation for public purposes.  562. Appraisal and sale of town lots.  563. Disposal of town sites set apart prior to June 27, 1906  564. Reappraisal of town lots for sale.  565. Terms of sale of town lots; installments of price.  566. Maintenance of public reservations and conveyance to municipality.  567. Water rights for towns and cities; charges.  568. Use of reclamation fund for expenses of and disposal of proceeds of sale of town sites.  569. Reservation of land for park, playground, or community center.  569a. Extension of section 569 to tract of land in Idaho.  570. Conveyance of land to school district.  571. Sale of unplatted portions of Government town sites; authorization.  572. Disposition of net proceeds; fixing project construction charges.  573. Expenses of appraisement and sale; rules and regulations.  SUBCHAPTER XVIREFUNDS TO WAR VETERANS  581 586. Omitted.  SUBCHAPTER XVIILEGISLATION APPLICABLE TO PARTICULAR PROJECTS GENERALLY  591. Omitted.  591a. Boise project, Idaho; Arrowrock Dam; installment payments of costs of repairs, resurfacing, improvement, etc.  592. Omitted.  593. Flathead irrigation project, Montana.  593a. Construction, operation, and maintenance of Hungry Horse Dam.  593b. Construction of additional works for irrigation purposes.  594. Omitted.  595. King Hill project, Idaho.  596. Omitted.  597. Riverton project, Wyoming.  597a. Easements for Bull Lake Dam and Reservoir.  597b. Compensation for easements.  597c. Reservation of Indians right to use lands.  597d. Regulations.  598. Salt River project, Arizona; sale of water power.  599. Omitted.  600. Minidoka project, Idaho; sales of water from American Falls Reservoir.  600a. Arch Hurley Conservancy District project, New Mexico.  600b. Canadian River project, Texas.  600c. Nonreimbursable costs.  600d. Sanford Reservoir recreation facilities; allocation of water, reservoir capacity, or joint project costs of Canadian River project; municipal water use priorities; agreements for operation, maintenance, or additional development of project lands or facilities; disposal of project lands or facilities; nonreimbursable costs; cognizance of effect of fish and wildlife plan.  600e. Authorization of appropriations for public recreation facilities.  SUBCHAPTER XVIIICIBOLO PROJECT, TEXAS  600f 600f4. Omitted.  SUBCHAPTER XIXNUECES RIVER PROJECT, TEXAS  600g 600g4. Omitted.  SUBCHAPTER XXKLAMATH PROJECT, OREGON-CALIFORNIA  601 612. Omitted or Repealed.  SUBCHAPTER XXIGILA PROJECT, ARIZONA  613 613e. Omitted.  SUBCHAPTER XXIIWASHOE PROJECT, NEVADA-CALIFORNIA  614 614d. Omitted.  SUBCHAPTER XXIIIWASHITA RIVER BASIN PROJECT, OKLAHOMA  615 615e. Omitted.  SUBCHAPTER XXIVCROOKED RIVER PROJECT, OREGON  615f 615j1. Omitted.  SUBCHAPTER XXVLITTLE WOOD RIVER PROJECT, IDAHO  615k 615n. Omitted.  SUBCHAPTER XXVISAN ANGELO PROJECT, TEXAS  615o Omitted.  SUBCHAPTER XXVIISPOKANE VALLEY PROJECT, WASHINGTON AND IDAHO  615s 615u. Omitted.  SUBCHAPTER XXVIIIDALLAS PROJECT, OREGON  615v 615x. Omitted.  SUBCHAPTER XXIXNORMAN PROJECT, OKLAHOMA  615aa 615hh. Omitted.  SUBCHAPTER XXXNAVAJO IRRIGATION PROJECT, NEW MEXICO; SAN JUAN-CHAMA PROJECT, COLORADO-NEW MEXICO  615ii 615zz. Omitted.  SUBCHAPTER XXXICLOSED BASIN DIVISION; SAN LUIS VALLEY PROJECT, COLORADO  615aaa 615iii. Omitted.  SUBCHAPTER XXXIIBRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO  615jjj 615ooo Omitted.  SUBCHAPTER XXXIIISALMON FALLS DIVISION, UPPER SNAKE RIVER PROJECT, IDAHO  615ppp 615www. Omitted.  SUBCHAPTER XXXIVONEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA  615xxx 615cccc. Omitted.  SUBCHAPTER XXXVNORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA  615dddd 615jjjj. Omitted.  SUBCHAPTER XXXVIPOLECAT BENCH AREA, SHOSHONE EXTENSIONS UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, WYOMING  615kkkk 615kkkk6. Omitted.  SUBCHAPTER XXXVIIPOLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, SOUTH DAKOTA  615llll llll Omitted or Repealed.  SUBCHAPTER XXXVIIIFRYINGPAN-ARKANSAS PROJECT, COLORADO  616 616f. Omitted.  SUBCHAPTER XXXIXMANN CREEK PROJECT, IDAHO  616g 616j. Omitted.  SUBCHAPTER XLARBUCKLE PROJECT, OKLAHOMA  616k 616s. Omitted.  SUBCHAPTER XLIBAKER PROJECT, OREGON  616t 616w. Omitted.  SUBCHAPTER XLIIDIXIE PROJECT, UTAH  616aa 616hh. Omitted.  SUBCHAPTER XLIIISAVERY-POT HOOK PROJECT, COLORADO-WYOMING; BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLORADO  616ii 616mm. Omitted.  SUBCHAPTER XLIVLOWER TETON DIVISION OF TETON BASIN PROJECT, IDAHO  616nn 616rr. Omitted.  SUBCHAPTER XLVWHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT, WASHINGTON  616ss 616vv5. Omitted.  SUBCHAPTER XLVIMcKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON  616ww 616ww5. Omitted.  SUBCHAPTER XLVIIAUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION: CENTRAL VALLEY PROJECT, CALIFORNIA  616aaa 616fff7. Omitted.  SUBCHAPTER XLVIIISOUTHERN NEVADA PROJECT, NEVADA  616ggg 616mmm. Omitted.  SUBCHAPTER XLIXTUALATIN PROJECT, OREGON  616nnn 616sss. Omitted.  SUBCHAPTER LMISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA  616ttt 616yyy. Omitted.  SUBCHAPTER LIMOUNTAIN PARK PROJECT, OKLAHOMA  616aaaa 616ffff2. Omitted.  SUBCHAPTER LIIPALMETTO BEND PROJECT, TEXAS  616gggg 616llll Omitted.  SUBCHAPTER LIIIMERLIN DIVISION; ROGUE RIVER BASIN PROJECT, OREGON  616mmmm 616ssss. Omitted.  SUBCHAPTER LIVTOUCHET DIVISION; WALLA WALLA PROJECT, OREGON-WASHINGTON  616tttt 616yyyy. Omitted. SUBCHAPTER I GENERAL PROVISIONS  371. Definitions When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478, 493, 494, 500, 501, and 526 of this title (a) The word Secretary means the Secretary of the Interior. (b) The words reclamation law mean the Act of June 17, 1902 32 Stat. 388 (c) The words reclamation fund mean the fund provided by the reclamation law. (d) The word project means a Federal irrigation project authorized by the reclamation law. (e) The words division of a project mean a substantial irrigable area of a project designated as a division by order of the Secretary. ( Dec. 5, 1924, ch. 4,  4 43 Stat. 701  Editorial Notes  References in Text Act June 17, 1902 Statutory Notes and Related Subsidiaries Short Title of 2015 Amendment Pub. L. 11457,  1 Sept. 30, 2015 129 Stat. 528 This Act [amending provisions set out as notes under sections 407 and 620 of this title] may be cited as the New Mexico Navajo Water Settlement Technical Corrections Act. Short Title of 2009 Amendment Pub. L. 11111, title X,  10301 Mar. 30, 2009 123 Stat. 1367 This subtitle [subtitle B ( 1030110704) of title X of Pub. L. 11111 section 620n1 of this title o section 615jj of this title Short Title of 1992 Amendment Pub. L. 102575,  1 Oct. 30, 1992 106 Stat. 4600 This Act [enacting sections 390h to 390h15 of this title and sections 460 l l l l l section 390 of Title 25 l section 390 of Title 25 section 461 of Title 16 Short Title of 1984 Amendments For short title of Pub. L. 98434 section 1 of Pub. L. 98434 section 390g of this title For short title of Pub. L. 98404 section 1 of Pub. L. 98404 section 506 of this title Short Title of 1978 Amendment For short title of Pub. L. 95578 section 1 of Pub. L. 95578 section 506 of this title Short Title of 1958 Amendment For short title of title III of Pub. L. 85500 section 390b of this title section 302 of Pub. L. 85500 section 390b of this title Short Title Act June 17, 1902, ch. 1093 32 Stat. 388 Act Dec. 5, 1924, ch. 4,  4 43 Stat. 701 Western Water Policy Review Pub. L. 10446, title V,  502 Nov. 13, 1995 109 Stat. 419 Notwithstanding the provisions of any other law, the report referred to in title 30 [XXX] of Public Law 102575 Oct. 30, 1992 Pub. L. 102575, title XXX Oct. 30, 1992 106 Stat. 4693 Pub. L. 103437,  16(a)(2) Nov. 2, 1994 108 Stat. 4594  SEC. 3001. SHORT TITLE. This title may be cited as the Western Water Policy Review Act of 1992. SEC. 3002. CONGRESSIONAL FINDINGS. The Congress finds that (1) the Nation needs an adequate water supply for all states [States] at a reasonable cost; (2) the demands on the Nations finite water supply are increasing; (3) coordination on both the Federal level and the local level is needed to achieve water policy objectives; (4) not less than fourteen agencies of the Federal Government are currently charged with functions relating to the oversight of water policy; (5) the diverse authority over Federal water policy has resulted in unclear goals and an inefficient handling of the Nations water policy; (6) the conflict between competing goals and objectives by Federal, State, and local agencies as well as by private water users is particularly acute in the nineteen Western States which have arid climates which include the seventeen reclamation States, Hawaii, and Alaska; (7) the appropriations doctrine of water allocation which characterizes most western water management regimes varies from State to State, and results in many instances in increased competition for limited resources; (8) the Federal Government has recognized and continues to recognize the primary jurisdiction of the several States over the allocation, priority, and use of water resources of the States, except to the extent such jurisdiction has been preempted in whole or in part by the Federal Government, including, but not limited to, express or implied Federal reserved water rights either for itself or for the benefit of Indian Tribes, and that the Federal Government will, in exercising its authorities, comply with applicable State laws; (9) the Federal Government recognizes its trust responsibilities to protect Indian water rights and assist Tribes in the wise use of those resources; (10) Federal agencies, such as the Bureau of Reclamation, have had, and will continue to have major responsibilities in assisting States in the wise management and allocation of scarce water resources; and (11) the Secretary of the Interior, given his responsibilities for management of public land, trust responsibilities for Indians, administration of the reclamation program, investigations and reviews into ground water resources through the Geologic Survey [now United States Geological Survey], and the Secretary of the Army, given his responsibilities for flood control, water supply, hydroelectric power, recreation, and fish and wildlife enhancement, have the resources to assist in a comprehensive review, in consultation with appropriate officials from the nineteen Western States, into the problems and potential solutions facing the nineteen Western States and the Federal Government in the increasing competition for the scarce water resources of the Western States. SEC. 3003. PRESIDENTIAL REVIEW. (a) The President is directed to undertake a comprehensive review of Federal activities in the nineteen Western States which directly or indirectly affect the allocation and use of water resources, whether surface or subsurface, and to submit a report on the Presidents findings, together with recommendations, if any, to the Committees on Energy and Natural Resources, Environment and Public Works and Appropriations of the Senate and the Committees on Natural Resources, Public Works and Transportation [now Transportation and Infrastructure], Merchant Marine and Fisheries and Appropriations of the House of Representatives. (b) Such report shall be submitted within three years from the date of enactment of this Act [ Oct. 30, 1992 (c) In conducting the review and preparing the report, the President is directed to consult with the Advisory Commission established under section 3004 of this title (d) The President shall consult periodically with the Commission, and upon the request of the President, the heads of other Federal agencies are directed to cooperate with and assist the Commission in its activities. SEC. 3004. THE ADVISORY COMMISSION. (a) The President shall appoint an Advisory Commission (hereafter in this title referred to as the Commission) to assist in the preparation and review of the report required under this title. (b) The Commission shall be composed of eighteen members as follows: (1) Ten members appointed by the President including: (A) the Secretary of the Interior or his designee; (B) the Secretary of the Army or his designee; (C) at least one representative chosen from a list submitted by the Western Governors Association; and (D) at least one representative chosen from a list submitted by Tribal governments located in the Western States. (2) In addition to the ten members appointed by the President, twelve Members from the United States Congress shall serve as ex officio members of the Commission. For the United States Senate: the Chairmen and the Ranking Minority Members of the Committees on Energy and Natural Resources, and Appropriations, and the Subcommittee of the Committee on Energy and Natural Resources which has jurisdiction over the Bureau of Reclamation. For the United States House of Representatives: the Chairman [Chairmen] and Ranking Minority Members of the Committees on Natural Resources, Public Works and Transportation [now Transportation and Infrastructure], and Appropriations. (c) The President shall appoint one member of the Commission to serve as Chairman. (d) Any vacancy which may occur on the Commission shall be filled in the same manner in which the original appointment was made. (e) Members of the Commission shall serve without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties. SEC. 3005. DUTIES OF THE COMMISSION. The Commission shall (1) review present and anticipated water resource problems affecting the nineteen Western States, making such projections of water supply requirements as may be necessary and identifying alternative ways of meeting these requirementsgiving considerations, among other things, to conservation and more efficient use of existing supplies, innovations to encourage the most beneficial use of water and recent technological advances; (2) examine the current and proposed Federal programs affecting such States and recommend to the President whether they should be continued or adopted and, if so, how they should be managed for the next twenty years, including the possible reorganization or consolidation of the current water resources development and management agencies; (3) review the problems of rural communities relating to water supply, potable water treatment, and wastewater treatment; (4) review the need and opportunities for additional storage or other arrangements to augment existing water supplies including, but not limited to, conservation; (5) review the history, use, and effectiveness of various institutional arrangements to address problems of water allocation, water quality, planning, flood control and other aspects of water development and use, including, but not limited to, interstate water compacts, Federal-State regional corporations, river basin commissions, the activities of the Water Resources Council, municipal and irrigation districts and other similar entities with specific attention to the authorities of the Bureau of Reclamation under reclamation law and the Secretary of the Army under water resources law; (6) review the legal regime governing the development and use of water and the respective roles of both the Federal Government and the States over the allocation and use of water, including an examination of riparian zones, appropriation and mixed systems, market transfers, administrative allocations, ground water management, interbasin transfers, recordation of rights, Federal-State relations including the various doctrines of Federal reserved water rights (including Indian water rights and the development in several States of the concept of a public trust doctrine); and (7) review the activities, authorities, and responsibilities of the various Federal agencies with direct water resources management responsibility, including but not limited to the Bureau of Reclamation, the Department of the Army, and those agencies whose decisions would impact on water resource availability and allocation, including, but not limited to, the Federal Energy Regulatory Commission. SEC. 3006. REPRESENTATIVES. (a) The Chairman of the Commission shall invite the Governor of each Western State to designate a representative to work closely with the Commission and its staff in matters pertaining to this title. (b) The Commission, at its discretion, may invite appropriate public or private interest groups including, but not limited to, Indian and Tribal organizations to designate a representative to work closely with the Commission and its staff in matters pertaining to this title. SEC. 3007. POWERS OF THE COMMISSION. (a) The Commission may (1) hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as it may deem advisable; (2) use the United States mail in the same manner and upon the same conditions as other departments and agencies of the United States; (3) enter into contracts or agreements for studies and surveys with public and private organizations and transfer funds to Federal agencies to carry out such aspects of the Commissions functions as the Commission determines can best be carried out in that manner; and (4) incur such necessary expenses and exercise such other powers as are consistent with and reasonably required to perform its functions under this title. (b) Any member of the Commission is authorized to administer oaths when it is determined by a majority of the Commission that testimony shall be taken or evidence received under oath. (c) The Commission shall have a Director who shall be appointed by the Commission and who shall be paid at a rate not to exceed the maximum rate of basic pay payable for level II of the Executive Schedule. (1) With the approval of the Commission, the Director may appoint and fix the pay of such personnel as the Director considers appropriate but only to the extent that such personnel cannot be obtained from the Secretary of the Interior or by detail from other Federal agencies. Such personnel may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such Title relating to classification and General Schedule pay rates. (2) With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5 (d) The Secretary of the Interior and the Secretary of the Army shall provide such office space, furnishings and equipment as may be required to enable the Commission to perform its functions. The Secretary shall also furnish the Commission with such staff, including clerical support, as the Commission may require. SEC. 3008. POWERS AND DUTIES OF THE CHAIRMAN. (a) Subject to general policies adopted by the Commission, the Chairman shall be the chief executive of the Commission and shall exercise its executive and administrative powers as set forth in paragraphs (2) through (4) of section 3007(a). (b) The Chairman may make such provisions as he shall deem appropriate authorizing the performance of any of his executive and administrative functions by the Director or other personnel of the Commission. SEC. 3009. OTHER FEDERAL AGENCIES. (a) The Commission shall, to the extent practicable, utilize the services of the Federal water resource agencies. (b) Upon request of the Commission, the President may direct the head of any other Federal department or agency to assist the Commission and such head of any Federal department or agency is authorized (1) to furnish to the Commission, to the extent permitted by law and within the limits of available funds, including funds transferred for that purpose pursuant to section 3007(a)(7) of this title (2) to detail to temporary duty with the Commission on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status. (c) Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel, and procurement) shall be provided the Commission by the Secretary of the Interior. SEC. 3010. APPROPRIATIONS. There are hereby authorized to be appropriated not to exceed $10,000,000 to carry out the purposes of sections 3001 through 3009 of this title. [References in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5 [Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995 section 1(b)(3) of Pub. L. 10414 section 21 of Title 2  372. Water right as appurtenant to land and extent of right  The right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right. ( June 17, 1902, ch. 1093,  8 32 Stat. 390  Editorial Notes  References in Text This Act, referred to in text, is act June 17, 1902 section 371 of this title Codification Section is comprised of the proviso in section 8 of act June 17, 1902 section 383 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  373. General authority of Secretary of the Interior  The Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying out the provisions of this Act into full force and effect. ( June 17, 1902, ch. 1093,  10 32 Stat. 390 Aug. 13, 1914, ch. 247,  15 38 Stat. 690  Editorial Notes  References in Text This Act, referred to in text, refers both to act June 17, 1902 Aug. 13, 1914 June 17, 1902 section 371 of this title Aug. 13, 1914 Codification Act Aug. 13, 1914 July 17, 1902 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  373a. Commissioner of Reclamation; appointment  Under the supervision and direction of the Secretary of the Interior, the reclamation of arid lands, under the Act of June 17, 1902 ( May 26, 1926, ch. 401 44 Stat. 657 Pub. L. 97293, title II,  229 Oct. 12, 1982 96 Stat. 1274  Editorial Notes  References in Text Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title 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 Amendments 1982 Pub. L. 97293 Statutory Notes and Related Subsidiaries Use of Private Sector Pub. L. 1087, div. D, title II,  208 Feb. 20, 2003 117 Stat. 146 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 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 64 Stat. 1262 section 1451 of this title  373a1. Repealed. Pub. L. 88426, title III,  305(35) Aug. 14, 1964 78 Stat. 426   Section, Pub. L. 87880, title II,  200 Oct. 24, 1962 76 Stat. 1223 section 5316 of Title 5 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective on first day of first pay period which begins on or after July 1, 1964 section 501 of Pub. L. 88426  373b. Law enforcement authority at Bureau of Reclamation facilities (a) Public safety regulations The Secretary of the Interior shall issue regulations necessary to maintain law and order and protect persons and property within Reclamation projects and on Reclamation lands. (b) Violations; criminal penalties Any person who knowingly and willfully violates any regulation issued under subsection (a) shall be fined under chapter 227, subchapter C of title 18, imprisoned for not more than 6 months, or both. Any person charged with a violation of a regulation issued under subsection (a) may be tried and sentenced by any United States magistrate judge designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions and limitations as provided for in section 3401 of title 18 (c) Authorization of law enforcement officers The Secretary of the Interior may (1) authorize law enforcement personnel from the Department of the Interior to act as law enforcement officers to enforce Federal laws and regulations within a Reclamation project or on Reclamation lands; (2) authorize law enforcement personnel of any other Federal agency that has law enforcement authority (with the exception of the Department of Defense) or law enforcement personnel of any State or local government, including an Indian tribe, when deemed economical and in the public interest, through cooperative agreement or contract, to act as law enforcement officers to enforce Federal laws and regulations within a Reclamation project or on Reclamation lands with such enforcement powers as may be so assigned to them by the Secretary; (3) cooperate with any State or local government, including an Indian tribe, in the enforcement of the laws or ordinances of that State or local government; and (4) provide reimbursement to a State or local government, including an Indian tribe, for expenditures incurred in connection with activities under paragraph (2). (d) Powers of law enforcement officers A law enforcement officer authorized by the Secretary of the Interior under subsection (c) may (1) carry firearms within a Reclamation project or on Reclamation lands; (2) make arrests without warrants for (A) any offense against the United States committed in his presence; or (B) any felony cognizable under the laws of the United States if he has (i) reasonable grounds to believe that the person to be arrested has committed or is committing such a felony; and (ii) such arrest occurs within a Reclamation project or on Reclamation lands or the person to be arrested is fleeing therefrom to avoid arrest; (3) execute within a Reclamation project or on Reclamation lands any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law for any offense committed within a Reclamation project or on Reclamation lands; and (4) conduct investigations within a Reclamation project or on Reclamation lands of offenses against the United States committed within a Reclamation project or on Reclamation lands if the Federal law enforcement agency having investigative jurisdiction over the offense committed declines to investigate the offense. (e) Legal status of State or local law enforcement officers (1) State or local officers not Federal employees Except as otherwise provided in this section, a law enforcement officer of any State or local government, including an Indian tribe, authorized to act as a law enforcement officer under subsection (c) shall not be deemed to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, employment discrimination, leave, unemployment compensation, and Federal benefits. (2) Application of Federal Tort Claims Act For purposes of chapter 171 of title 28 (commonly known as the Federal Tort Claims Act), a law enforcement officer of any State or local government, including an Indian tribe, shall, when acting as a law enforcement officer under subsection (c) and while under Federal supervision and control, and only when carrying out Federal law enforcement responsibilities, be considered a Federal employee. (3) Availability of workers compensation For purposes of subchapter I of chapter 81 of title 5, relating to compensation to Federal employees for work injuries, a law enforcement officer of any State or local government, including an Indian tribe, shall, when acting as a law enforcement officer under subsection (c) and while under Federal supervision and control, and only when carrying out Federal law enforcement responsibilities, be deemed a civil service employee of the United States within the meaning of the term employee as defined in section 8101 of title 5 (f) Concurrent jurisdiction Nothing in this section shall be construed or applied to limit or restrict the investigative jurisdiction of any Federal law enforcement agency, or to affect any existing right of a State or local government, including an Indian tribe, to exercise civil and criminal jurisdiction within a Reclamation project or on Reclamation lands. (g) Regulations Except for the authority provided in section 2(c)(1), 1 1 ( Pub. L. 10769,  1 Nov. 12, 2001 115 Stat. 593  373c. Definitions In this section and section 373b of this title (1) Law enforcement personnel The term law enforcement personnel means an employee of a Federal, State, or local government agency, including an Indian tribal agency, who has successfully completed law enforcement training approved by the Secretary and is authorized to carry firearms, make arrests, and execute service of process to enforce criminal laws of his or her employing jurisdiction. (2) Reclamation project; reclamation lands The terms Reclamation project and Reclamation lands have the meaning given such terms in section 460 l ( Pub. L. 10769,  2 Nov. 12, 2001 115 Stat. 595  373d. Grants and cooperative agreements with Indian tribes and organizations  In order to increase opportunities for Indian tribes to develop, manage, and protect their water resources, in fiscal year 2003 and thereafter, the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, is authorized to enter into grants and cooperative agreements with any Indian tribe, institution of higher education, national Indian organization, or tribal organization pursuant to sections 6301 to 6308 of title 31. Nothing in this Act is intended to modify or limit the provisions of the Indian Self Determination Act [ 25 U.S.C. 5321 ( Pub. L. 1087, div. D, title II,  201 Feb. 20, 2003 117 Stat. 144  Editorial Notes  References in Text This Act, referred to in text, means div. D of Pub. L. 1087 Feb. 20, 2003 117 Stat. 133 The Indian Self-Determination Act, referred to in text, is title I of Pub. L. 93638 Jan. 4, 1975 88 Stat. 2206 section 5301 of Title 25 Statutory Notes and Related Subsidiaries Similar Provisions Provisions similar to those in this section were contained in the following appropriation act: Pub. L. 10766, title II,  201 Nov. 12, 2001 115 Stat. 499  373e. Bureau of Reclamation site security (a) Treatment of capital costs Costs incurred by the Secretary of the Interior for the physical fortification of Bureau of Reclamation facilities to satisfy increased post- September 11, 2001 (b) Treatment of security-related operation and maintenance costs (1) Reimbursable costs The Secretary of the Interior shall include no more than $18,900,000 per fiscal year, indexed each fiscal year after fiscal year 2008 according to the preceding years Consumer Price Index, of those costs incurred for increased levels of guards and patrols, training, patrols by local and tribal law enforcement entities, operation, maintenance, and replacement of guard and response force equipment, and operation and maintenance of facility fortifications at Bureau of Reclamation facilities after the events of September 11, 2001 (2) Costs collected through water rates In the case of the Central Valley Project of California, site security costs allocated to irrigation and municipal and industrial water service in accordance with this section shall be collected by the Secretary exclusively through inclusion of these costs in the operation and maintenance water rates. (c) Transparency and report to Congress (1) Policies and procedures The Secretary is authorized to develop policies and procedures with project beneficiaries, consistent with the requirements of paragraphs (2) and (3), to provide for the payment of the reimbursable costs described in subsection (b). (2) Notice On identifying a Bureau of Reclamation facility for a site security measure, the Secretary shall provide to the project beneficiaries written notice (A) describing the need for the site security measure and the process for identifying and implementing the site security measure; and (B) summarizing the administrative and legal requirements relating to the site security measure. (3) Consultation The Secretary shall (A) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the site security measure; and (B) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in subparagraph (A). (4) Response; notice Before incurring costs pursuant to activities described in subsection (b), the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on such activities. The Secretary shall provide to the project beneficiary (A) a timely written response describing proposed actions, if any, to address the recommendation; and (B) notice regarding the costs and status of such activities on a periodic basis. (5) Report The Secretary shall report annually to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate on site security actions and activities undertaken pursuant to this Act for each fiscal year. The report shall include a summary of Federal and non-Federal expenditures for the fiscal year and information relating to a 5-year planning horizon for the program, detailed to show pre- September 11, 2001 September 11, 2001 (d) Pre- September 11, 2001 Reclamation project security costs at the levels of activity that existed prior to September 11, 2001 ( Pub. L. 110229, title V,  513 May 8, 2008 122 Stat. 843  Editorial Notes  References in Text This Act, referred to in subsec. (c)(5), means Pub. L. 110229 May 8, 2008 122 Stat. 754 section 1 of Title 16  373f. Partnerships, grants, and cooperative agreements with local joint powers authorities  The Secretary may hereafter partner, provide a grant to, or enter into a cooperative agreement with local joint powers authorities formed pursuant to State law by irrigation districts and other local water districts and local governments, to advance planning and feasibility studies authorized by Congress for water storage project: Provided 42 U.S.C. 4321 Provided further Provided further Provided further ( Pub. L. 11376, div. D, title II,  208 Jan. 17, 2014 128 Stat. 164  Editorial Notes  References in Text The National Environmental Policy Act, referred to in text, probably means the National Environmental Policy Act of 1969, Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42  374. Sale of lands acquired in connection with irrigation project  Whenever in the opinion of the Secretary of the Interior any lands which have been acquired under the provisions of the Act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), commonly called the reclamation Act, or under the provisions of any Act amendatory thereof or supplementary thereto, for any irrigation works contemplated by said reclamation Act are not needed for the purposes for which they were acquired, said Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons, to be appointed by him, and thereafter to sell the same for not less than the appraised value at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land. Upon payment of the purchase price, the Secretary of the Interior is authorized by appropriate deed to convey all the right, title, and interest of the United States of, in, and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been acquired. ( Feb. 2, 1911, ch. 32 36 Stat. 895  Editorial Notes  References in Text Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title  375. Sale of land improved at expense of reclamation fund  Whenever in the opinion of the Secretary of the Interior any public lands which have been withdrawn for or in connection with construction or operation of reclamation projects under the provisions of the Act of June 17, 1902 1 1 Upon payment of the purchase price the Secretary of the Interior is authorized, by appropriate patent, to convey all the right, title, and interest of the United States in and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided Provided The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been withdrawn. ( May 20, 1920, ch. 192 41 Stat. 605  Editorial Notes  References in Text Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title  375a. Sale under sections 374 and 375 of lands appraised at not exceeding $300  The Secretary in his discretion, in any instances where property to be sold under section 374 or 375 of this title, is appraised at not to exceed $300, may sell said property at public or private sale without complying with the provisions of said sections as to notice, publication, and mode of sale. ( Aug. 4, 1939, ch. 418,  11 53 Stat. 1197  Editorial Notes Codification Section was enacted as part of the Reclamation Project Act of 1939. See sections 387 to 389 and 485 et seq. of this title. Statutory Notes and Related Subsidiaries  Definitions The definitions in section 485a of this title  375b. Disposal of tracts too small to be classed farm units  In accordance with the provisions of sections 375b to 375f of this title and notwithstanding the provisions of any other law, the Secretary of the Interior, hereinafter styled the Secretary, is authorized, in connection with any Federal irrigation project for which water is available, and after finding that such action will be in furtherance of the irrigation project and the Act of June 17, 1902 32 Stat. 388 ( Mar. 31, 1950, ch. 78,  1 64 Stat. 39  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title  375c. Sales of small tracts to resident farm owners and entrymen; price; terms; acreage purchasable  The Secretary is authorized to sell such land to resident farm owners or resident entrymen, on the project upon which such land is located, at prices not less than that fixed by independent appraisal approved by the Secretary, and upon such terms and at private sale or at public auction as he may prescribe: Provided ( Mar. 31, 1950, ch. 78,  2 64 Stat. 39  375d. Issuance of patent for small tracts; reservations  After the purchaser has paid to the United States all the amount on the purchase price of such land, a patent shall be issued. Such patents shall contain a reservation of a lien for water charges when deemed appropriate by the Secretary, and reservations of coal or other mineral rights to the same extent as patents issued under the homestead laws and also other reservations, limitations, or conditions as now provided by law. ( Mar. 31, 1950, ch. 78,  3 64 Stat. 40  375e. Moneys from sale of small tracts covered into reclamation fund; credit  The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project on which such lands are located. ( Mar. 31, 1950, ch. 78,  4 64 Stat. 40  375f. Rules and regulations  The Secretary of the Interior is authorized to perform any and all acts and to make rules and regulations necessary and proper for carrying out the purposes of sections 375b to 375f of this title. ( Mar. 31, 1950, ch. 78,  5 64 Stat. 40  376. Return of land donations not needed  Where real property or any interest therein heretofore has been, or hereafter shall be, donated and conveyed to the United States for use in connection with a project, and the Secretary decides not to utilize the donation, he is authorized without charge to reconvey such property or any part thereof to the donating grantor, or to the heirs, successors, or assigns of such grantor. ( Dec. 5, 1924, ch. 4,  4 43 Stat. 704  Statutory Notes and Related Subsidiaries  Definitions The definitions in section 371 of this title  377. General expenses of Bureau of Reclamation chargeable to general reclamation fund  The cost and expense after June 30, 1945 ( Dec. 5, 1924, ch. 4,  4 43 Stat. 704 Apr. 19, 1945, ch. 80 59 Stat. 54  Editorial Notes Amendments 1945Act Apr. 19, 1945 June 30, 1945 Statutory Notes and Related Subsidiaries  Definitions The definitions in section 371 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 64 Stat. 1262 section 1451 of this title  377a. Limitation on use of funds where organizations or individuals are in arrears on contract charges  No funds appropriated to the Bureau of Reclamation for operation and maintenance in this Act or in subsequent Energy and Water Development Appropriations Acts, except those derived from advances by water users, shall on and after October 2, 1992 ( Pub. L. 102377, title II Oct. 2, 1992 106 Stat. 1331  Editorial Notes Codification Section is from the appropriation act cited as the credit to this section. Prior Provisions Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 102104, title II Aug. 17, 1991 105 Stat. 525 Pub. L. 101514, title II Nov. 5, 1990 104 Stat. 2086 Pub. L. 101101, title II Sept. 29, 1989 103 Stat. 655 Pub. L. 100371, title II July 19, 1988 102 Stat. 865 Pub. L. 100202,  101(d) [title II] Dec. 22, 1987 101 Stat. 1329104 Pub. L. 99500,  101(e) [title II] Oct. 18, 1986 100 Stat. 1783194 Pub. L. 99591,  101(e) [title II] Oct. 30, 1986 100 Stat. 3341194 Pub. L. 99141, title II Nov. 1, 1985 99 Stat. 570 Pub. L. 98360, title II July 16, 1984 98 Stat. 410 Pub. L. 9850, title II July 14, 1983 97 Stat. 253 Pub. L. 9788, title II Dec. 4, 1981 95 Stat. 1140 Pub. L. 96367, title III Oct. 1, 1980 94 Stat. 1342 Pub. L. 9669, title III Sept. 25, 1979 93 Stat. 447 Pub. L. 9596, title III Aug. 7, 1977 91 Stat. 804 Pub. L. 94355, title III July 12, 1976 90 Stat. 896 Pub. L. 94180, title III Dec. 26, 1975 89 Stat. 1043 Pub. L. 93393, title III Aug. 28, 1974 88 Stat. 788 Pub. L. 9397, title III Aug. 16, 1973 87 Stat. 324 Pub. L. 92405, title III Aug. 25, 1972 86 Stat. 627 Pub. L. 92134, title III Oct. 5, 1971 85 Stat. 371 Pub. L. 91349, title III Oct. 7, 1970 84 Stat. 899 Pub. L. 91144, title III Dec. 11, 1969 83 Stat. 332 Pub. L. 90479, title II Aug. 12, 1968 82 Stat. 711 Pub. L. 90147, title II Nov. 20, 1967 81 Stat. 478 Pub. L. 89689, title II Oct. 15, 1966 80 Stat. 1009 Pub. L. 89299, title II Oct. 28, 1965 79 Stat. 1104 Pub. L. 88511, title II Aug. 30, 1964 78 Stat. 689 Pub. L. 88257, title II Dec. 31, 1963 77 Stat. 850 Pub. L. 87880, title II Oct. 24, 1962 76 Stat. 1222 Pub. L. 87330, title II Sept. 30, 1961 75 Stat. 727 Pub. L. 86700, title II Sept. 2, 1960 74 Stat. 748 Pub. L. 86254, title II Sept. 10, 1959 73 Stat. 497 Pub. L. 85863, title II Sept. 2, 1958 72 Stat. 1577 Pub. L. 85167, title II Aug. 26, 1957 71 Stat. 421 July 2, 1956, ch. 490 70 Stat. 478 July 15, 1955, ch. 370 69 Stat. 359 July 1, 1954, ch. 446 68 Stat. 368 July 31, 1953, ch. 298 67 Stat. 268 July 9, 1952, ch. 597 66 Stat. 453 Aug. 31, 1951, ch. 375 65 Stat. 258 Sept. 6, 1950, ch. 896 64 Stat. 688  377b. Availability of appropriations for Bureau of Reclamation  Appropriations for the Bureau of Reclamation in this Act or in subsequent Energy and Water Development Appropriations Acts shall on and after October 2, 1992 section 3109 of title 5 1 1 Provided October 2, 1992 April 19, 1945 43 U.S.C. 377 Sums appropriated in this Act or in subsequent Energy and Water Development Appropriations Acts which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law. No part of any appropriation for the Bureau of Reclamation, contained in this Act, in any prior Act, or in subsequent Energy and Water Development Appropriations Acts which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided section 1341 of title 31 None of the funds made available by this or any other Act or by any subsequent Act shall on and after October 2, 1992 2 2 3 3 2 ( Pub. L. 102377, title II Oct. 2, 1992 106 Stat. 1330 Pub. L. 108137, title II,  206 Dec. 1, 2003 117 Stat. 1849 Pub. L. 113287,  5 l Dec. 19, 2014 128 Stat. 3270  Editorial Notes  References in Text The Interior Department Appropriations Act 1945, referred to in text, is act June 28, 1944, ch. 298 58 Stat. 463 58 Stat. 487 58 Stat. 486 Act of April 19, 1945 43 U.S.C. 377 act April 19, 1945, ch. 80 59 Stat. 54 section 377 of this title The date of this Act, referred to in text, probably means the date of enactment of Pub. L. 102377 Oct. 2, 1992 The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288 63 Stat. 377 Pub. L. 107217 Aug. 21, 2002 116 Stat. 1062 section 101 of Title 40 Codification Section is comprised of the second, third, fourth, and sixth undesignated pars. under headings  Bureau of Reclamation administrative provisions Pub. L. 102377 Oct. 2, 1992 106 Stat. 1330 Amendments 2014 Pub. L. 113287 43 U.S.C. 377b August 21, 1935 16 U.S.C. 461467 16 U.S.C. 469 August 21, 1935 16 U.S.C. 461467 June 27, 1960 16 U.S.C. 469 Bureau of Reclamation administrative provisions Pub. L. 102377 Oct. 2, 1992 106 Stat. 1330 2003 Pub. L. 108137 Statutory Notes and Related Subsidiaries Operations and Maintenance Costs of Certain Bureau of Reclamation Dams and Dikes Pub. L. 115270, title IV,  4309 Oct. 23, 2018 132 Stat. 3889 Pub. L. 117263, div. E, title LIX,  5944 Dec. 23, 2022 136 Stat. 3472  (a)  In General Notwithstanding any other provision of law (including regulations), effective during the one-year period beginning on the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 [ Dec. 23, 2022 (b)  Description of Dams and Dikes A dam or dike referred to in subsection (a) is a dam or dike (1) that is owned by the Bureau of Reclamation on the date of enactment of this section [ Oct. 23, 2018 (2) the construction of which was completed not later than December 31, 1948 (3) a corrective action study for which was completed not later than December 31, 2015 (4) the construction of which was authorized by the Act of June 28, 1938 52 Stat. 1215  378. Omitted  Editorial Notes Codification Section, act June 30, 1906, ch. 3912 34 Stat. 663 act Mar. 4, 1913, ch. 147,  9 37 Stat. 880  379. Purchase of scientific books, law books, etc.  The Secretary of the Interior may authorize the purchase of such law books, books of reference, periodicals, engineering and statistical publications as are needed in carrying out the surveys and examinations authorized by the Act of June seventeenth, nineteen hundred and two, entitled An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories for the construction of irrigation works for the reclamation of arid lands. ( May 27, 1908, ch. 200 35 Stat. 350  Editorial Notes  References in Text Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title  380. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section, act July 1, 1918, ch. 113 40 Stat. 675  380a, 380b. Omitted  Editorial Notes Codification Section 380a, acts Aug. 4, 1939, ch. 418,  13 53 Stat. 1197 Oct. 10, 1940, ch. 851,  4 54 Stat. 1111 Section 380b, act July 9, 1952, ch. 597, title I 66 Stat. 453 A prior section 380b, act Aug. 31, 1951, ch. 375, title I 65 Stat. 257  381. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 639   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  382. Repealed. Pub. L. 87304,  9(a)(3) Sept. 26, 1961 75 Stat. 664   Section, act May 27, 1908, ch. 200 35 Stat. 350 section 5525 of Title 5  383. Vested rights and State laws unaffected  Nothing in this Act shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary of the Interior, in carrying out the provisions of this Act, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof. ( June 17, 1902, ch. 1093,  8 32 Stat. 390  Editorial Notes  References in Text This Act, referred to in text, is act June 17, 1902 section 371 of this title Codification Section is comprised of section 8 (less proviso) of act June 17, 1902 section 372 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  384. Extension of time for payment of charges accrued prior to March 2, 1924 January 1, 1925 (a) The Secretary of the Interior is authorized and empowered, in his discretion, to defer the dates of payments of any charges, rentals, and penalties which have accrued prior to the 2d day of March, 1924, under the Act of June 17, 1902 32 Stat. 388 May 9, 1924 Provided March 1, 1927 Provided And provided further May 9, 1924 (b) Where an individual water user, or individual applicant for a water right under a Federal irrigation project constructed or being constructed under the Act of June 17, 1902 32 Stat. 388 January 1, 1925 March 1, 1925 Provided Provided further And provided further May 9, 1924 And provided further ( May 9, 1924, ch. 150 43 Stat. 116  Editorial Notes  References in Text Act of June 17, 1902 section 371 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 64 Stat. 1262 section 1451 of this title  385. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 649   Section, act Aug. 9, 1937, ch. 570,  1 50 Stat. 592  Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 647 Jan. 12, 1927, ch. 27 44 Stat. 957 Mar. 7, 1928, ch. 137 45 Stat. 227 Mar. 4, 1929, ch. 705,  1 45 Stat. 1589 May 14, 1930, ch. 273,  1 46 Stat. 306 Feb. 14, 1931, ch. 187,  1 46 Stat. 1142 Apr. 22, 1932, ch. 125,  1 47 Stat. 114 Feb. 17, 1933, ch. 98,  1 47 Stat. 842 Mar. 2, 1934, ch. 38,  1 48 Stat. 380 May 9, 1935, ch. 101,  1 49 Stat. 197 June 22, 1936, ch. 691,  1 49 Stat. 1781  385a. Payments to school districts for education of dependents of construction personnel; cooperative arrangements; chargeable to project  The Secretary of the Interior, giving due consideration to the temporary nature of the requirements therefor, is authorized to make such provision as he deems to be necessary and in the public interest for the education of dependents of persons employed on the actual construction of projects or features of projects, by the Bureau of Reclamation, in any cases in which he finds that by reason of such construction activity, an undue burden is, or will be cast upon the facilities of the public-school districts serving the areas in which construction is being undertaken, and to pay for the same from any funds available for the construction of said projects: Provided ( June 29, 1948, ch. 733,  1 62 Stat. 1108  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 64 Stat. 1262 section 1451 of this title  385b. Repealed. Pub. L. 86533,  1(18) June 29, 1960 74 Stat. 248   Section, act June 29, 1948, ch. 733,  2 62 Stat. 1108 section 385a of this title  385c. Omitted  Editorial Notes Codification Section, which related to tuition charge per pupil, was from the Interior Department Appropriation Act, 1949, act June 29, 1948, ch. 754 62 Stat. 1125  386. Application of excess-land provisions of reclamation laws to certain lands  The excess-land provisions of the Federal reclamation laws shall not be applicable to lands which on June 16, 1938 ( June 16, 1938, ch. 485 52 Stat. 764  387. Removal of sand, gravel, etc.; leases, easements, etc.  The Secretary, in his discretion, may (a) permit the removal, from lands or interests in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project, of sand, gravel, and other minerals and building materials with or without competitive bidding: Provided Provided ( Aug. 4, 1939, ch. 418,  10 53 Stat. 1196 Aug. 18, 1950, ch. 752 64 Stat. 463  Editorial Notes  References in Text The Federal reclamation laws, referred to in text, are defined in section 485a of this title Amendments 1950Act Aug. 18, 1950 Statutory Notes and Related Subsidiaries  Definitions The definitions in section 485a of this title  388. Contracts for materials; liability of United States  When appropriations have been made for the commencement or continuation of construction or operation and maintenance of any project, the Secretary may, in connection with such construction or operation and maintenance, enter into contracts for miscellaneous services, for materials and supplies, as well as for construction, which may cover such periods of time as the Secretary may consider necessary but in which the liability of the United States shall be contingent upon appropriations being made therefor. ( Aug. 4, 1939, ch. 418,  12 53 Stat. 1197  Statutory Notes and Related Subsidiaries  Definitions The definitions in section 485a of this title  389. Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy  The Secretary is authorized, in connection with the construction or operation and maintenance of any project, (a) to purchase or condemn suitable lands or interests in lands for relocation of highways, roadways, railroads, telegraph, telephone, or electric transmission lines, or any other properties whatsoever, the relocation of which in the judgment of the Secretary is necessitated by said construction or operation and maintenance, and to perform any or all work involved in said relocations on said lands or interests in lands, other lands or interests in lands owned and held by the United States in connection with the construction or operation and maintenance of said project, or properties not owned by the United States; (b) to enter into contracts with the owners of said properties whereby they undertake to acquire any or all property needed for said relocation, or to perform any or all work involved in said relocations; and (c) for the purpose of effecting completely said relocations, to convey or exchange Government properties acquired or improved under (a) above, with or without improvements, or other properties owned and held by the United States in connection with the construction or operation and maintenance of said project, or to grant perpetual easements therein or thereover. Grants or conveyances hereunder shall be by instruments executed by the Secretary without regard to provisions of law governing the patenting of public lands. The Secretary is further authorized, for the purpose of orderly and economical construction or operation and maintenance of any project, to enter into such contracts for exchange or replacement of water, water rights, or electric energy or for the adjustment of water rights, as in his judgment are necessary and in the interests of the United States and the project. ( Aug. 4, 1939, ch. 418,  14 53 Stat. 1197  Statutory Notes and Related Subsidiaries  Definitions The definitions in section 485a of this title  390. Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation  On and after December 22, 1944 June 17, 1902 32 Stat. 388 December 22, 1944 Provided ( Dec. 22, 1944, ch. 665,  8 58 Stat. 891 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 99662, title IX,  931 Nov. 17, 1986 100 Stat. 4196  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title Amendments 1986 Pub. L. 99662 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Extension of Variable Payment Plan Authority of Secretary to extend benefits of variable payment plan to organizations with which he contracts or has contracted for the repayment of construction costs allocated to irrigation on any project undertaken by the United States, including contracts for the storage of water or for the use of stored water under this section, see section 2 of Pub. L. 85611 Aug. 8, 1958 72 Stat. 542 section 485h of this title Section as Unaffected by Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title 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 Nos. 14, eff. July 1, 1948 July 22, 1949  390a. Repealed. Pub. L. 105362, title IX,  901(e)(2) Nov. 10, 1998 112 Stat. 3289   Section, acts July 31, 1953, ch. 298 67 Stat. 266 Pub. L. 99294,  10 May 12, 1986 100 Stat. 426  Provisions similar to those in this section were contained in act July 9, 1952, ch. 597, title I 66 Stat. 451 Pub. L. 105362, title IX,  901(e)(1) Nov. 10, 1998 112 Stat. 3289  390b. Development of water supplies for domestic, municipal, industrial, and other purposes (a) Declaration of policy It is declared to be the policy of the Congress to recognize the primary responsibilities of the States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes and that the Federal Government should participate and cooperate with States and local interests in developing such water supplies in connection with the construction, maintenance, and operation of Federal navigation, flood control, irrigation, or multiple purpose projects. (b) Storage in reservoir projects; agreements for payment of cost of construction or modification of projects In carrying out the policy set forth in this section, it is provided that storage may be included in any reservoir project surveyed, planned, constructed or to be planned, surveyed and/or constructed by the Corps of Engineers or the Bureau of Reclamation to impound water for present or anticipated future demand or need for municipal or industrial water, and the reasonable value thereof may be taken into account in estimating the economic value of the entire project: Provided Provided further And provided further And provided further December 23, 2022 53 Stat. 1187 43 U.S.C. 485 (c) Release of future water storage (1) Establishment of 10-year plans for the utilization of future storage (A) In general For the period beginning 180 days after June 10, 2014 January 1, 2016 (B) Contents A plan submitted under subparagraph (A) shall include (i) a 10-year timetable for the conversion of future use storage to present use; and (ii) a schedule of actions that the State or local interest agrees to carry out over a 10-year period, in cooperation with the Secretary, to seek new and alternative users of future water storage that is contracted to the State or local interest on June 10, 2014 (2) Future water storage For water resource development projects managed by the Secretary, a State or local interest that the Secretary determines has complied with paragraph (1) may request from the Secretary a release to the United States of any right of the State or local interest to future water storage under this Act that was allocated for future use water supply prior to November 17, 1986 (3) Administration (A) In general Not later than 180 days after receiving a request under paragraph (2), the Secretary shall provide to the applicable State or local interest a written decision on whether the Secretary recommends releasing future water storage rights. (B) Recommendation If the Secretary recommends releasing future water storage rights, the Secretary shall include that recommendation in the annual plan submitted under section 2282d of title 33 (4) Savings clause Nothing in this subsection authorizes the Secretary to release a State or local interest from a contractual obligation unless specifically authorized by Congress. (d) Application to other laws The provisions of this section shall not be construed to modify the provisions of section 7011 of title 33 section 390 of this title (e) Approval of Congress of modifications of reservoir projects Modifications of a reservoir project heretofore authorized, surveyed, planned, or constructed to include storage as provided in subsection (b) which would seriously affect the purposes for which the project was authorized, surveyed, planned, or constructed, or which would involve major structural or operational changes shall be made only upon the approval of Congress as now provided by law. ( Pub. L. 85500, title III,  301 July 3, 1958 72 Stat. 319 Pub. L. 8788,  10 July 20, 1961 75 Stat. 210 Pub. L. 99662, title IX,  932(a) Nov. 17, 1986 100 Stat. 4196 Pub. L. 113121, title I June 10, 2014 128 Stat. 1254 Pub. L. 114322, title I,  1187 Dec. 16, 2016 130 Stat. 1681 Pub. L. 117263, div. H, title LXXXI,  8389 Dec. 23, 2022 136 Stat. 3831  Editorial Notes  References in Text The Reclamation Projects Act of 1939, referred to in subsec. (b), is act Aug. 4, 1939, ch. 418 53 Stat. 1187 section 485k of this title This Act, referred to in subsec. (c)(1)(A), (2), probably means the Water Supply Act of 1958. See below. Amendments 2022Subsec. (b). Pub. L. 117263 December 23, 2022 2016Subsec. (f). Pub. L. 114322 2014Subsecs. (c) to (e). Pub. L. 113121,  1046(d) Subsec. (f). Pub. L. 113121,  1051(a) 1986Subsec. (b). Pub. L. 99662 1961Subsec. (b). Pub. L. 8788 Statutory Notes and Related Subsidiaries Short Title of 1961 Amendment Pub. L. 8788,  11 July 20, 1961 75 Stat. 210 This Act [amending this section, and sections 1151, 1153 to 1155, 1157 to 1160, 1171 to 1173 of Title 33, Navigation and Navigable Waters, and enacting provisions set out as notes under sections 1151, 1157, and 1159 of Title 33] may be cited as the Federal Water Pollution Control Act Amendments of 1961. Short Title Pub. L. 85500, title III,  302 July 3, 1958 72 Stat. 320 Title III of this Act [enacting this section] may be cited as the Water Supply Act of 1958. Storage Pub. L. 114322, title III,  4007(a) Dec. 16, 2016 130 Stat. 18631866  (a)  Definitions In this subtitle [subtitle J ( 40014014) of title III of Pub. L. 114322 (1)  Federally owned storage project The term federally owned storage project means any project involving a surface water storage facility in a Reclamation State (A) to which the United States holds title; and (B) that was authorized to be constructed, operated, and maintained pursuant to the reclamation laws. (2)  State-led storage project The term State-led storage project means any project in a Reclamation State that (A) involves a groundwater or surface water storage facility constructed, operated, and maintained by any State, department of a State, subdivision of a State, or public agency organized pursuant to State law; and (B) provides a benefit in meeting any obligation under Federal law (including regulations). (b)  Federally Owned Storage Projects. (1)  Agreements On the request of any State, any department, agency, or subdivision of a State, or any public agency organized pursuant to State law, the Secretary of the Interior may negotiate and enter into an agreement on behalf of the United States for the design, study, and construction or expansion of any federally owned storage project in accordance with this section. (2)  Federal cost share Subject to the requirements of this subsection, the Secretary of the Interior may participate in a federally owned storage project in an amount equal to not more than 50 percent of the total cost of the federally owned storage project. (3)  Commencement The construction of a federally owned storage project that is the subject of an agreement under this subsection shall not commence until the Secretary of the Interior (A) determines that the proposed federally owned storage project is feasible in accordance with the reclamation laws; (B) secures an agreement providing upfront funding as is necessary to pay the non-Federal share of the capital costs; and (C) determines that, in return for the Federal cost-share investment in the federally owned storage project, at least a proportionate share of the project benefits are Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges. (4)  Environmental laws In participating in a federally owned storage project under this subsection, the Secretary of the Interior shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (c)  State-Led Storage Projects. (1)  In general Subject to the requirements of this subsection, the Secretary of the Interior may participate in a State-led storage project in an amount equal to not more than 25 percent of the total cost of the State-led storage project. (2)  Request by governor Participation by the Secretary of the Interior in a State-led storage project under this subsection shall not occur unless (A) the participation has been requested by the Governor of the State in which the State-led storage project is located; (B) the State or local sponsor determines, and the Secretary of the Interior concurs, that (i) the State-led storage project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws; (ii) sufficient non-Federal funding is available to complete the State-led storage project; and (iii) the State-led storage project sponsors are financially solvent; (C) the Secretary of the Interior determines that, in return for the Federal cost-share investment in the State-led storage project, at least a proportional share of the project benefits are the Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges; and (D) the Secretary of the Interior submits to Congress a written notification of these determinations within 30 days of making such determinations. (3)  Environmental laws When participating in a State-led storage project under this subsection, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (4)  Information When participating in a State-led storage project under this subsection, the Secretary of the Interior (A) may rely on reports prepared by the sponsor of the State-led storage project, including feasibility (or equivalent) studies, environmental analyses, and other pertinent reports and analyses; but (B) shall retain responsibility for making the independent determinations described in paragraph (2). (d)  Authority To Provide Assistance The Secretary of the Interior may provide financial assistance under this subtitle to carry out projects within any Reclamation State. (e)  Rights To Use Capacity Subject to compliance with State water rights laws, the right to use the capacity of a federally owned storage project or State-led storage project for which the Secretary of the Interior has entered into an agreement under this subsection shall be allocated in such manner as may be mutually agreed to by the Secretary of the Interior and each other party to the agreement. (f)  Compliance With California Water Bond. (1)  In general The provision of Federal funding for construction of a State-led storage project in the State of California shall be subject to the condition that the California Water Commission shall determine that the State-led storage project is consistent with the California Water Quality, Supply, and Infrastructure Improvement Act, approved by California voters on November 4, 2014 (2)  Applicability This subsection expires on the date on which State bond funds available under the Act referred to in paragraph (1) are expended. (g)  Partnership and Agreements The Secretary of the Interior, acting through the Commissioner [of Reclamation], may partner or enter into an agreement regarding the water storage projects identified in section 103(d)(1) of the Water Supply, Reliability, and Environmental Improvement Act ( Public Law 108361 118 Stat. 1688 (h)  Authorization of Appropriations. (1) $335,000,000 of funding in section 4011(e) [ 130 Stat. 1881 (2) Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to this section and transmits such recommendations to the appropriate committees of Congress. (i)  Sunset This section shall apply only to federally owned storage projects and State-led storage projects that the Secretary of the Interior determines to be feasible before January 1, 2021 (j)  Consistency With State Law Nothing in this section preempts or modifies any obligation of the United States to act in conformance with applicable State law. [For definition of Reclamation State as used in section 4007(a)(1), (2), (d) of Pub. L. 114322 section 4014(8) of Pub. L. 114322 Savings Language Pub. L. 114322, title III,  4012 Dec. 16, 2016 130 Stat. 1882  (a)  In General This subtitle [subtitle J ( 40014014) of title III of Pub. L. 114322 (1) preempts or modifies any obligation of the United States to act in conformance with applicable State law, including applicable State water law; (2) affects or modifies any obligation under the Central Valley Project Improvement Act ([title XXXIV of] Public Law 102575 106 Stat. 4706 Pub. L. 114322 130 Stat. 1874 (3) overrides, modifies, or amends the applicability of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (4) would cause additional adverse effects on listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion, using the best scientific and commercial data available; or (5) overrides, modifies, or amends any obligation of the Pacific Fisheries Management Council, required by the Magnuson Stevens Act [probably means the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 (b)  Successor Biological Opinions. (1)  In general The Secretaries of the Interior and Commerce shall apply this Act [see Tables for classification] to any successor biological opinions to the smelt or salmonid biological opinions only to the extent that the Secretaries determine is consistent with (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (B) subsection (a)(4). (2)  Limitation Nothing in this Act shall restrict the Secretaries of the Interior and Commerce from completing consultation on successor biological opinions and through those successor biological opinions implementing whatever adjustments in operations or other activities as may be required by the Endangered Species Act of 1973 and its implementing regulations. (c)  Severability If any provision of this subtitle, or any application of such provision to any person or circumstance, is held to be inconsistent with any law or the biological opinions, the remainder of this subtitle and the application of this subtitle to any other person or circumstance shall not be affected. [For definitions of terms used in section 4012 of Pub. L. 114322 section 4014 of Pub. L. 114322 Duration Pub. L. 114322, title III,  4013 Dec. 16, 2016 130 Stat. 1883  This subtitle [subtitle J ( 40014014) of title III of Pub. L. 114322 Dec. 16, 2016 (1) section 4004 [ 130 Stat. 1858 (2) projects under construction in sections 4007 [set out in part as a note above], 4009(a) [amending provisions set out as a note under section 10301 of Title 42 section 390h of this title Amendment of Contracts Existing Prior to November 17, 1986 Pub. L. 99662, title IX,  932(b) Nov. 17, 1986 100 Stat. 4197 Nothing in this section [amending this section] shall be deemed to amend or require amendment of any valid contract entered into pursuant to the Water Supply Act of 1958 [this section], or Federal reclamation law and approved by the Secretary of the Army or the Secretary of the Interior prior to the date of enactment of this Act [ Nov. 17, 1986  Definitions Pub. L. 114322, title III,  4014 Dec. 16, 2016 130 Stat. 1883  In this subtitle [subtitle J ( 40014014) of title III of Pub. L. 114322 (1)  Assistant administrator The term Assistant Administrator means the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. (2)  Central valley project The term Central Valley Project has the meaning given the term in section 3403 of the Central Valley Project Improvement Act ([title XXXIV of] Public Law 102575 106 Stat. 4707 (3)  Commissioner The term Commissioner means the Commissioner of Reclamation. (4)  Delta The term Delta means the Sacramento-San Joaquin Delta and the Suisun Marsh (as defined in section 12220 of the California Water Code and section 29101 of the California Public Resources Code (as in effect on the date of enactment of this Act [ Dec. 16, 2016 (5)  Delta smelt The term Delta smelt means the fish species with the scientific name Hypomesus transpacificus. (6)  Director The term Director means the Director of the United States Fish and Wildlife Service. (7)  Listed fish species The term listed fish species means (A) any natural origin steelhead, natural origin genetic spring run Chinook, or genetic winter run Chinook salmon (including any hatchery steelhead or salmon population within the evolutionary significant unit or a distinct population segment); and (B) Delta smelt. (8)  Reclamation state The term Reclamation State means any of the States of (A) Arizona; (B) California; (C) Colorado; (D) Idaho; (E) Kansas; (F) Montana; (G) Nebraska; (H) Nevada; (I) New Mexico; (J) North Dakota; (K) Oklahoma; (L) Oregon; (M) South Dakota; (N) Texas; (O) Utah; (P) Washington; and (Q) Wyoming. (9)  Salmonid biological opinion. (A)  In general The term salmonid biological opinion means the biological and conference opinion of the National Marine Fisheries Service dated June 4, 2009 (B)  Inclusions The term salmonid biological opinion includes the operative incidental take statement of the opinion described in subparagraph (A). (10)  Smelt biological opinion. (A)  In general The term smelt biological opinion means the biological opinion dated December 15, 2008 (B)  Inclusions The term smelt biological opinion includes the operative incidental take statement of the opinion described in subparagraph (A). (11)  State water project The term State Water Project means the water project described in chapter 5 of part 3 of division 6 of the California Water Code (sections 11550 et seq.) (as in effect on the date of enactment of this Act [ Dec. 16, 2016  390b1. Improving planning and administration of water supply storage (1) In general For each water supply feature of a reservoir managed by the Secretary, the Secretary shall notify the applicable non-Federal interests before each fiscal year of the anticipated operation and maintenance activities for that fiscal year and each of the subsequent 4 fiscal years (including the cost of those activities) for which the non-Federal interests are required to contribute amounts. (2) Clarification The information provided to a non-Federal interest under paragraph (1) shall (A) be an estimate which the non-Federal interest may use for planning purposes; and (B) not be construed as or relied upon by the non-Federal interest as the actual amounts that the non-Federal interest will be required to contribute. ( Pub. L. 113121, title I,  1046(b) June 10, 2014 128 Stat. 1254  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of Title 33  390b2. Leveraging Federal infrastructure for increased water supply (a) In general At the request of a non-Federal interest, the Secretary may review proposals to increase the quantity of available supplies of water at a Federal water resources development project through (1) modification of the project; (2) modification of how the project is managed; or (3) accessing water released from the project. (b) Proposals included A proposal under subsection (a) may include (1) increasing the storage capacity of the project; (2) diversion of water released or withdrawn from the project (A) to recharge groundwater; (B) to aquifer storage and recovery; or (C) to any other storage facility; (3) construction of facilities for delivery of water from pumping stations constructed by the Secretary; (4) construction of facilities to access water; and (5) a combination of the activities described in paragraphs (1) through (4). (c) Exclusions This section shall not apply to a proposal that (1) reallocates existing water supply or hydropower storage; or (2) reduces water available for any authorized project purpose. (d) Other Federal projects In any case in which a proposal relates to a Federal project that is not operated by the Secretary, this section shall apply only to activities under the authority of the Secretary. (e) Review process (1) Notice On receipt of a proposal submitted under subsection (a), the Secretary shall provide a copy of the proposal to each entity described in paragraph (2) and, if applicable, the Federal agency that operates the project, in the case of a project operated by an agency other than the Department of the Army. (2) Public participation In reviewing proposals submitted under subsection (a), and prior to making any decisions regarding a proposal, the Secretary shall comply with all applicable public participation requirements under law, including consultation with (A) affected States; (B) power marketing administrations, in the case of reservoirs with Federal hydropower projects; (C) entities responsible for operation and maintenance costs; (D) any entity that has a contractual right from the Federal Government or a State to withdraw water from, or use storage at, the project; (E) entities that the State determines hold rights under State law to the use of water from the project; and (F) units of local government with flood risk reduction responsibilities downstream of the project. (f) Authorities A proposal submitted to the Secretary under subsection (a) may be reviewed and approved, if applicable and appropriate, under (1) the specific authorization for the water resources development project; (2)  section 549a of title 33 (3)  section 390b of this title (4)  section 408 of title 33 (g) Limitations The Secretary shall not approve a proposal submitted under subsection (a) that (1) is not supported by the Federal agency that operates the project, if that agency is not the Department of the Army; (2) interferes with an authorized purpose of the project; (3) adversely impacts contractual rights to water or storage at the reservoir; (4) adversely impacts legal rights to water under State law, as determined by an affected State; (5) increases costs for any entity other than the entity that submitted the proposal; or (6) if a project is subject to section 390b(e) of this title (h) Cost share (1) In general Except as provided in paragraph (2), 100 percent of the cost of developing, reviewing, and implementing a proposal submitted under subsection (a) shall be provided by an entity other than the Federal Government. (2) Planning assistance to states In the case of a proposal from an entity authorized to receive assistance under section 1962d16 of title 42 (3) Operation and maintenance costs (A) In general Except as provided in subparagraphs (B) and (C), the operation and maintenance costs for the non-Federal sponsor of a proposal submitted under subsection (a) shall be 100 percent of the separable operation and maintenance costs associated with the costs of implementing the proposal. (B) Certain water supply storage projects For a proposal submitted under subsection (a) for constructing additional water supply storage at a reservoir for use under a water supply storage agreement, in addition to the costs under subparagraph (A), the non-Federal costs shall include the proportional share of any joint-use costs for operation, maintenance, repair, replacement, or rehabilitation of the reservoir project determined in accordance with section 390b of this title (C) Voluntary contributions An entity other than an entity described in subparagraph (A) may voluntarily contribute to the costs of implementing a proposal submitted under subsection (a). (i) Contributed funds (1) Contributed funds for corps projects The Secretary may may receive and expend funds contributed by a non-Federal interest for the review and approval of a proposal submitted under subsection (a). (2) Contributed funds for other Federal reservoir projects The Secretary is authorized to receive and expend funds from a non-Federal interest to formulate, review, or revise operational documents, pursuant to a proposal submitted in accordance subsection (a), for any reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 709 of title 33 (j) Assistance On request by a non-Federal interest, the Secretary may provide technical assistance in the development or implementation of a proposal under subsection (a), including assistance in obtaining necessary permits for construction, if the non-Federal interest contracts with the Secretary to pay all costs of providing the technical assistance. (k) Exclusion This section shall not apply to reservoirs in (1) the Upper Missouri River; (2) the Apalachicola-Chattahoochee-Flint river system; (3) the Alabama-Coosa-Tallapoosa river system; and (4) the Stones River. (l) Effect of section Nothing in this section affects or modifies any authority of the Secretary to review or modify reservoirs. ( Pub. L. 114322, title I,  1118 Dec. 16, 2016 130 Stat. 1640 Pub. L. 116260, div. AA, title I,  162 Dec. 27, 2020 134 Stat. 2667  Editorial Notes Amendments 2020Subsec. (i). Pub. L. 116260 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322 section 2201 of Title 33  390c. Water reservoirs; interests of States and local agencies in storage space  Cognizant that many States and local interests have in the past contributed to the Government, or have contracted to pay to the Government over a specified period of years, money equivalent to the cost of providing for them water storage space at Government-owned dams and reservoirs, constructed by the Corps of Engineers of the United States Army, and that such practices will continue, and, that no law defines the duration of their interest in such storage space, and realizing that such States and local interests assume the obligation of paying substantially their portion of the cost of providing such facilities, their right to use may be continued during the existence of the facility as hereinafter provided. ( Pub. L. 88140,  1 Oct. 16, 1963 77 Stat. 249  390d. Dams and reservoirs wherein costs thereof, or rights thereto, have been acquired by local interests  Sections 390c to 390f of this title are applicable to all dams and reservoirs heretofore or hereafter constructed by the United States Government (acting through the Corps of Engineers of the United States Army) wherein either a part of the construction cost thereof shall have been contributed or may be contributed by States or local interests (hereinafter called local interests) or local interests have acquired or may acquire rights to utilize certain storage space thereof by making payments during the period of such use as specified in the agreement with the Government and wherein the amount of money paid, exclusive of interest, is equivalent to the cost of providing that part of such dam and reservoir which is allocated to such use, whether such share of cost shall have been determined by the incremental cost method or by the separable costs-remaining benefits method or by any other method. Included among the dams and reservoirs affected by sections 390c to 390f of this title are those constructed by the Corps of Engineers of the Department of the Army, but nothing in sections 390c to 390f of this title shall be construed to affect or modify section 390 of this title ( Pub. L. 88140,  2 Oct. 16, 1963 77 Stat. 249  390e. Rights, acquisition and availability of; obligation for operation and maintenance; costs for reconstruction, rehabilitation, or replacement; use during Government operation or by contract  The right thus acquired by any such local interest is declared to be available to the local interest so long as the space designated for that purpose may be physically available, taking into account such equitable reallocation of reservoir storage capacities among the purposes served by the project as may be necessary due to sedimentation, and not limited to the term of years which may be prescribed in any lease agreement or other agreement with the Government, but the enjoyment of such right will remain subject to performance of its obligations prescribed in such lease agreement or agreement executed in reference thereto. Such obligations will include continued payment of annual operation and maintenance costs allocated to water supply. In addition, local interests shall bear the costs allocated to the water supply of any necessary reconstruction, rehabilitation, or replacement of project features which may be required to continue satisfactory operation of the project. Any affected local interest may utilize such facility so long as it is operated by the Government. In the event that the Government concludes that it can no longer usefully and economically maintain and operate such facility, the responsible department or agency of the Government is authorized to negotiate a contract with the affected local interest under which the local interest may continue to operate such part of the facility as is necessary for utilization of the storage space allocated to it, under terms which will protect the public interest and provided that the Government is effectively absolved from all liability in connection with such operation. ( Pub. L. 88140,  3 Oct. 16, 1963 77 Stat. 249  390f. Revision of leases or agreements to evidence conversion of rights to use of storage rights  Upon application of any affected local interest its existing lease or agreement with the Government will be revised to evidence the conversion of its rights to the use of the storage as prescribed in sections 390c to 390f of this title. ( Pub. L. 88140,  4 Oct. 16, 1963 77 Stat. 250  390g. Groundwater recharge of aquifers; demonstration program  The Secretary of the Interior (hereinafter referred to as the Secretary), acting through the Bureau of Reclamation (hereinafter referred to as the Bureau), shall, in two phases, conduct an investigation of and establish demonstration projects for groundwater recharge of aquifers in the States of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming (such States to be hereinafter referred to as the High Plains States) and in the other States referred to in section 391 of this title Provided ( Pub. L. 98434,  2 Sept. 28, 1984 98 Stat. 1675  Statutory Notes and Related Subsidiaries Short Title Pub. L. 98434,  1 Sept. 28, 1984 98 Stat. 1675 That this Act [enacting sections 390g to 390g8 of this title] may be cited as the High Plains States Groundwater Demonstration Program Act of 1983.  390g1. Phase I of groundwater recharge demonstration program (a) Development of detailed plan of demonstration projects; requisite features of plan During phase I, the Bureau, in consultation with the High Plains States and other Reclamation Act States and other appropriate departments and agencies of the United States, including the United States Geological Survey, shall develop a detailed plan of demonstration projects the purpose of which is to determine whether various recharge technologies may be applied to diverse geologic and hydrologic conditions represented in the High Plains States and other Reclamation Act States. In the preparation and development of such plan, the Bureau shall make maximum use of data, planning studies and other technical resources and assistance available from State and local entities: Provided (b) Recommendation of demonstration projects During phase I the Bureau is authorized and directed to recommend demonstration projects to be designed, constructed, and operated during phase II. (c) Preliminary selection of projects Within six months, after the enactment of an appropriation Act to carry out phase I, the Secretary shall make a preliminary selection of projects to receive further planning and development and shall initiate such further planning and development for those selected projects. ( Pub. L. 98434,  3 Sept. 28, 1984 98 Stat. 1675 Pub. L. 10466, title I,  1081(c) Dec. 21, 1995 109 Stat. 721  Editorial Notes Amendments 1995Subsec. (d). Pub. L. 10466  390g2. Phase II of groundwater recharge demonstration program (a) Design, construction, and operation of projects During phase II, and subject to State water laws and interstate water compacts, the Bureau is authorized and directed to design, construct, and operate demonstration projects in the High Plains States and other Reclamation Act States to recharge groundwater systems as recommended in the report referred to in subsection (c). (b) Alternative means of cost allocation; economic feasibility of projects During phase II the Secretary, acting through the Bureau, shall contract with the various High Plains States and other Reclamation Act States to conduct a study to identify and evaluate alternative means by which the costs of groundwater recharge projects could be allocated among the beneficiaries of the projects within the respective States and identify and evaluate the economic feasibility of and the legal authority for utilizing groundwater recharge in water resource development projects. (c) Reports to Congress (1) Within twelve months after the initiation of phase II, and at annual intervals thereafter, the Secretary shall submit interim reports to Congress. Each report shall contain a detailed statement of his findings and progress respecting the design, construction, and operation of the demonstration projects referred to in subsection (a) and the study referred to in subsection (b). (2) Within five years after the initiation of phase II, the Secretary shall submit a summary report to Congress. The summary report shall contain (A) a detailed evaluation of the demonstration projects referred to in subsection (a); (B) the results of the studies referred to in subsection (b); (C) specific recommendations regarding the location, scope, and feasibility of operational groundwater recharge projects to be constructed and maintained by the Bureau; and (D) an evaluation of the feasibility of integrating these groundwater recharge projects into existing reclamation projects. (3) In addition to recommendations made under section 390g1 of this title (4) Each project under this section shall terminate five years after the date on which construction on the project is completed. (5) At the conclusion of phase II the Secretary shall submit a final report to the Congress which shall include, but not be limited to, a detailed evaluation of the projects under this section. ( Pub. L. 98434,  4 Sept. 28, 1984 98 Stat. 1676 Pub. L. 102575, title XXVI,  2601(1) Oct. 30, 1992 106 Stat. 4689  Editorial Notes Amendments 1992Subsec. (c). Pub. L. 102575  390g3. Evaluation of water quality impacts  The Secretary, acting through the Bureau, and the Administrator of the Environmental Protection Agency (hereinafter referred to as the Administrator) shall enter into a memorandum-of-understanding to provide for an evaluation of the impacts to surface water and groundwater quality resulting from the groundwater recharge demonstration projects constructed pursuant to sections 390g to 390g8 of this title. The Administrator shall consult with the United States Geological Survey and shall make maximum use of data, studies, and other technical resources and assistance available from State and local entities in conducting the evaluation. The evaluation of water quality impacts shall be completed so as to be included in the Secretarys summary report to the Congress referred to in section 390g2(c)(2) of this title ( Pub. L. 98434,  5 Sept. 28, 1984 98 Stat. 1676 Pub. L. 102575, title XXVI,  2601(1) Oct. 30, 1992 106 Stat. 4689  Editorial Notes Amendments 1992 Pub. L. 102575  390g4. Authorization of appropriations to carry out phase I  There is authorized to be appropriated $500,000 for fiscal years beginning after September 30, 1983 ( Pub. L. 98434,  6 Sept. 28, 1984 98 Stat. 1677  390g5. Authorization of appropriations to carry out phase II  There is authorized to be appropriated for fiscal years beginning after September 30, 1983 ( Pub. L. 98434,  7 Sept. 28, 1984 98 Stat. 1677 Pub. L. 102575, title XXVI,  2601(3) Oct. 30, 1992 106 Stat. 4689  Editorial Notes Amendments 1992 Pub. L. 102575  390g6. Matching basis for funding phase II from non-Federal sources  The funds authorized to be appropriated pursuant to section 390g5 of this title Provided ( Pub. L. 98434,  8 Sept. 28, 1984 98 Stat. 1677  390g7. New spending authority  Any new spending authority described in subsection (c)(2)(A) or (B) of section 651 1 1 ( Pub. L. 98434,  9 Sept. 28, 1984 98 Stat. 1677  Editorial Notes  References in Text Section 651 of title 2 Pub. L. 10533, title X,  10116(a)(3) Aug. 5, 1997 111 Stat. 691  390g8. Interstate transfer of water from Arkansas No funds authorized to be appropriated by sections 390g to 390g8 of this title shall be used for any activities associated with: (1) the interstate transfer of water from the State of Arkansas; or (2) the study or demonstration of the potential for the interstate transfer of water from the State of Arkansas. ( Pub. L. 98434,  10 Sept. 28, 1984 98 Stat. 1677  390g9. Aquifer recharge flexibility (a) Short title This section may be cited as the Aquifer Recharge Flexibility Act. (b) Definitions In this section: (1) Bureau The term Bureau means the Bureau of Reclamation. (2) Commissioner The term Commissioner means the Commissioner of Reclamation. (3) Eligible land The term eligible land, with respect to a Reclamation project, means land that (A) is authorized to receive water under State law; and (B) shares an aquifer with land located in the service area of the Reclamation project. (4) Net water storage benefit The term net water storage benefit means an increase in the volume of water that is (A) stored in 1 or more aquifers; and (B) (i) available for use within the authorized service area of a Reclamation project; or (ii) stored on a long-term basis to avoid or reduce groundwater overdraft. (5) Reclamation facility The term Reclamation facility means each of the infrastructure assets that are owned by the Bureau at a Reclamation project. (6) Reclamation project The term Reclamation project means any reclamation or irrigation project, including incidental features thereof, authorized by Federal reclamation law or the Act of August 11, 1939 53 Stat. 1418 16 U.S.C. 590y (c) Flexibility to allow greater aquifer recharge in Western States (1) Use of Reclamation facilities (A) In general The Commissioner may allow the use of excess capacity in Reclamation facilities for aquifer recharge of non-Reclamation project water, subject to applicable rates, charges, and public participation requirements, on the condition that (i) the use (I) shall not be implemented in a manner that is detrimental to (aa) any power service or water contract for the Reclamation project; or (bb) any obligations for fish, wildlife, or water quality protection applicable to the Reclamation project; (II) shall be consistent with water quality guidelines for the Reclamation project; (III) shall comply with all applicable (aa) Federal laws; and (bb) policies of the Bureau; and (IV) shall comply with all applicable State laws and policies; and (ii) the non-Federal party to an existing contract for water or water capacity in a Reclamation facility consents to the use of the Reclamation facility under this subsection. (B) Effect on existing contracts Nothing in this subsection affects a contract (i) in effect on December 27, 2020 (ii) under which the use of excess capacity in a Bureau conveyance facility for carriage of non-Reclamation project water for aquifer recharge is allowed. (2) Aquifer recharge on eligible land (A) In general Subject to subparagraphs (C) and (D), the Secretary may contract with a holder of a water service or repayment contract for a Reclamation project to allow the contractor, in accordance with applicable State laws and policies (i) to directly use water available under the contract for aquifer recharge on eligible land; or (ii) to enter into an agreement with an individual or entity to transfer water available under the contract for aquifer recharge on eligible land. (B) Authorized project use The use of a Reclamation facility for aquifer recharge under subparagraph (A) shall be considered an authorized use for the Reclamation project if requested by a holder of a water service or repayment contract for the Reclamation facility. (C) Modifications to contracts The Secretary may contract with a holder of a water service or repayment contract for a Reclamation project under subparagraph (A) if the Secretary determines that a new contract or contract amendment described in that subparagraph is (i) necessary to allow for the use of water available under the contract for aquifer recharge under this subsection; (ii) in the best interest of the Reclamation project and the United States; and (iii) approved by the contractor that is responsible for repaying the cost of construction, operations, and maintenance of the facility that delivers the water under the contract. (D) Requirements The use of Reclamation facilities for the use or transfer of water for aquifer recharge under this subsection shall be subject to the requirements that (i) the use or transfer shall not be implemented in a manner that materially impacts any power service or water contract for the Reclamation project; and (ii) before the use or transfer, the Secretary shall determine that the use or transfer (I) results in a net water storage benefit for the Reclamation project; or (II) contributes to the recharge of an aquifer on eligible land; and (iii) the use or transfer complies with all applicable (I) Federal laws and policies; and (II) interstate water compacts. (3) Conveyance for aquifer recharge purposes The holder of a right-of-way, easement, permit, or other authorization to transport water across public land administered by the Bureau of Land Management may transport water for aquifer recharge purposes without requiring additional authorization from the Secretary where the use does not expand or modify the operation of the right-of-way, easement, permit, or other authorization across public land. (4) Effect Nothing in this section creates, impairs, alters, or supersedes a Federal or State water right. (5) Exemption This section shall not apply to the State of California. (6) Advisory group The Secretary may participate in any State-led collaborative, multi-stakeholder advisory group created in any watershed the purpose of which is to monitor, review, and assess aquifer recharge activities. ( Pub. L. 116260, div. FF, title XI,  1105 Dec. 27, 2020 134 Stat. 3237   References in Text This section, referred to in subsecs. (b) and (c)(4), (5), was in the original this Act, which was translated as meaning section 1105 of Pub. L. 116260 Dec. 27, 2020 134 Stat. 3237 Act of August 11, 1939 act Aug. 11, 1939, ch. 717 53 Stat. 1418  Definitions For definition of Secretary as used in this section, see section 1115 of div. FF of Pub. L. 116260 section 2330c of Title 33  390h. Program to investigate reclamation and reuse of wastewater and groundwater; general authority (a) Program established The Secretary of the Interior (hereafter Secretary), acting pursuant to the Reclamation Act of 1902 (Act of June 17, 1902 32 Stat. 388 (b) States included Such program shall be limited to the States and areas referred to in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902 32 Stat. 388 43 U.S.C. 391 (c) Agreements and regulations The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of sections 390h to 390h39 of this title. (d) San Luis Unit of Central Valley Project, California The Secretary shall not investigate, promote or implement, pursuant to sections 390h to 390h39 of this title, any project intended to reclaim and reuse agricultural wastewater generated in the service area of the San Luis Unit of the Central Valley Project, California, except those measures recommended for action by the San Joaquin Valley Drainage Program in the report entitled A Management Plan for Agricultural Subsurface Drainage and Related Problems on the Westside San Joaquin Valley (September 1990). (e) Authorization of new water recycling and reuse projects (1) Submission to the Secretary (A) In general Non-Federal interests may submit proposals for projects eligible to be authorized pursuant to this section in the form of completed feasibility studies to the Secretary. (B) Eligible projects A project shall be considered eligible for consideration under this section if the project reclaims and reuses (i) municipal, industrial, domestic, or agricultural wastewater; or (ii) impaired ground or surface waters. (C) Guidelines Within 60 days of the enactment of this Act the Secretary shall issue guidelines for feasibility studies for water recycling and reuse projects to provide sufficient information for the formulation of the studies. (2) Review by the Secretary The Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of (A) determining whether the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water recycling and reuse projects; and (B) the project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws. (3) Submission to Congress Not later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes (A) the results of the Secretarys review of the study under paragraph (2), including a determination of whether the project is feasible; (B) any recommendations the Secretary may have concerning the plan or design of the project; and (C) any conditions the Secretary may require for construction of the project. (4) Eligibility for funding The non-Federal project sponsor of any project determined by the Secretary to be feasible under paragraph (3)(A) shall be eligible to apply to the Secretary for funding for the Federal share of the costs of planning, designing and constructing the project pursuant to subsection (f). (f) Competitive grant program for the funding of water recycling and reuse projects (1) Establishment The Secretary shall establish a competitive grant program under which the non-Federal project sponsor of any project determined by the Secretary to be feasible under subsection (e)(3)(A) shall be eligible to apply for funding for the planning, design, and construction of the project, subject to subsection (g)(2). (2) Priority When funding projects under paragraph (1), the Secretary shall give funding priority to projects that meet one or more of the criteria listed in paragraph (3) and are located in an area that (A) has been identified by the United States Drought Monitor as experiencing severe, extreme, or exceptional drought at any time in the 4-year period before such funds are made available; or (B) was designated as a disaster area by a State during the 4-year period before such funds are made available. (3) Criteria The project criteria referred to in paragraph (2) are the following: (A) Projects that are likely to provide a more reliable water supply for States and local governments. (B) Projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies. (C) Projects that are regional in nature. (D) Projects with multiple stakeholders. (E) Projects that provide multiple benefits, including water supply reliability, eco-system benefits, groundwater management and enhancements, and water quality improvements. (g) Authorization of appropriations (1) There is authorized to be appropriated to the Secretary of the Interior an additional $50,000,000 to remain available until expended. (2) Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to subsection (f) and transmits such recommendations to the appropriate committees of Congress. ( Pub. L. 102575, title XVI,  1602 Oct. 30, 1992 106 Stat. 4664 Pub. L. 106566, title I,  104(a) Dec. 23, 2000 114 Stat. 2819 Pub. L. 114322, title III,  4009(c) Dec. 16, 2016 130 Stat. 1868  Editorial Notes  References in Text The Reclamation Act of 1902 (Act of June 17, 1902 32 Stat. 388 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title Hereafter, referred to in subsec. (a), means hereafter in title XVI of Pub. L. 102575 Oct. 30, 1992 106 Stat. 4663 The enactment of this Act, referred to in subsec. (e)(1)(C), probably means the date of enactment of Pub. L. 114322 Dec. 16, 2016 Amendments 2016Subsecs. (e) to (g). Pub. L. 114322 2000Subsec. (b). Pub. L. 106566 Statutory Notes and Related Subsidiaries Short Title of 2005 Amendment Pub. L. 10970,  1 Sept. 21, 2005 119 Stat. 2009 This Act [enacting section 390h20 of this title section 390h17a of this title section 390h19 of this title Short Title of 2004 Amendments Pub. L. 108316,  1(a) Oct. 5, 2004 118 Stat. 1202 This section [enacting section 390h17a of this title Pub. L. 108233,  1 May 28, 2004 118 Stat. 654 This Act [enacting section 390h18 of this title Short Title of 2000 Amendment Pub. L. 106566, title I,  101 Dec. 23, 2000 114 Stat. 2818 This title [amending this section] may be cited as the Hawaii Water Resources Act of 2000. Short Title of 1998 Amendment Pub. L. 105321,  1(a) Oct. 30, 1998 112 Stat. 3020 This Act [enacting sections 390h16 and 2607 of this title, amending section 564w1 of Title 25 section 668dd of Title 16 Short Title of 1996 Amendment Pub. L. 104266,  1 Oct. 9, 1996 110 Stat. 3290 This Act [enacting sections 390h12a to 390h12p of this title and amending sections 390h1 to 390h3, 390h9, and 390h13 to 390h15 of this title] may be cited as the Reclamation Recycling and Water Conservation Act of 1996. Short Title Pub. L. 102575, title XVI,  1601 Oct. 30, 1992 106 Stat. 4663 This title [enacting sections 390h to 390h15 of this title] may be referred to as the Reclamation Wastewater and Groundwater Study and Facilities Act.  390h1. Appraisal investigations (a) Purposes; recommendations The Secretary shall undertake appraisal investigations to identify opportunities for water reclamation and reuse. Each such investigation shall take into account environmental considerations as provided by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (b) Matters to be considered Appraisal investigations undertaken by the Secretary or the non-Federal project sponsor pursuant to sections 390h to 390h39 of this title shall consider, among other things (1) all potential uses of reclaimed water, including, but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, and recreation; (2) the current status of water reclamation technology and opportunities for development of improved technologies; (3) measures to stimulate demand for and eliminate obstacles to use of reclaimed water, including pricing; (4) measures to coordinate and streamline local, State and Federal permitting procedures required for the implementation of reclamation projects; and (5) measures to identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner. (c) Consultation and cooperation The Secretary shall consult and cooperate with appropriate State, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to sections 390h to 390h39 of this title. (d) Nonreimbursable costs Costs of such appraisal investigations shall be nonreimbursable. ( Pub. L. 102575, title XVI,  1603 Oct. 30, 1992 106 Stat. 4664 Pub. L. 104266,  3 Oct. 9, 1996 110 Stat. 3295  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 1996Subsec. (b). Pub. L. 104266  390h2. Feasibility studies (a) General authority; Federal and non-Federal cost shares The Secretary is authorized to participate with appropriate Federal, State, regional, and local authorities in studies to determine the feasibility of water reclamation and reuse projects recommended for such study pursuant to section 390h1 of this title (b) Federal share considered project costs; reimbursement The Federal share of feasibility studies, including those described in sections 390h4 and 390h6 through 390h8 of this title, shall be considered as project costs and shall be reimbursed in accordance with the Federal reclamation laws, if the project studied is implemented. (c) Matters to be considered In addition to the requirements of other Federal laws, feasibility studies conducted by the Secretary or the non-Federal project sponsor under sections 390h to 390h39 of this title shall consider, among other things (1) near- and long-term water demand and supplies in the study area; (2) all potential uses for reclaimed water; (3) at least two alternative measures or technologies available for water reclamation, distribution, and reuse for the project under consideration; (4) public health and environmental quality issues associated with use of reclaimed water; (5) whether development of the water reclamation and reuse measures under study would (A) reduce, postpone, or eliminate development of new or expanded water supplies, (B) reduce or eliminate the use of existing diversions from natural watercourses or withdrawals from aquifers, or (C) reduce the demand on existing Federal water supply facilities; (6) the market or dedicated use for reclaimed water in the projects service area; and (7) the financial capability of the non-Federal project sponsor to fund its proportionate share of the projects construction costs on an annual basis. ( Pub. L. 102575, title XVI,  1604 Oct. 30, 1992 106 Stat. 4665 Pub. L. 104266,  4 Oct. 9, 1996 110 Stat. 3295  Editorial Notes  References in Text The Federal reclamation laws, referred to in subsec. (b), are defined in section 390h(a) of this title Amendments 1996Subsec. (c). Pub. L. 104266,  4(1) Subsec. (c)(3). Pub. L. 104266,  4(2) Subsec. (c)(5)(C). Pub. L. 104266,  4(4) Subsec. (c)(6), (7). Pub. L. 104266,  4(3)  390h3. Research and demonstration projects (a) Reclamation of wastewater and ground and surface waters The Secretary is authorized to conduct research and to construct, operate, and maintain cooperative demonstration projects for the development and demonstration of appropriate treatment technologies for the reclamation of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters. The Federal share of the costs of demonstration projects shall not exceed 50 per centum of the total cost including operation and maintenance. Rights to inventions developed pursuant to this section shall be governed by the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 ( Public Law 96480 15 U.S.C. 3701 Public Law 99502 (b) Long Beach Desalination Research and Development Project (1) The Secretary, in cooperation with the city of Long Beach, the Central Basin Municipal Water District, and the Metropolitan Water District of Southern California may participate in the design, planning, and construction of the Long Beach Desalination Research and Development Project in Los Angeles County, California. (2) The Federal share of the cost of the project described in paragraph (1) shall not exceed 50 percent of the total. (3) The Secretary shall not provide funds for the operation or maintenance of the project described in paragraph (1). (c) Las Vegas Area Shallow Aquifer Desalination Research and Development Project (1) The Secretary, in cooperation with the Southern Nevada Water Authority, may participate in the design, planning, and construction of the Las Vegas Area Shallow Aquifer Desalination Research and Development Project in Clark County, Nevada. (2) The Federal share of the cost of the project described in paragraph (1) shall not exceed 50 percent of the total. (3) The Secretary shall not provide funds for the operation or maintenance of the project described in paragraph (1). (d) Federal contribution A Federal contribution in excess of 25 percent for a project under this section may not be made until after the Secretary determines that the project is not feasible without such Federal contribution. ( Pub. L. 102575, title XVI,  1605 Oct. 30, 1992 106 Stat. 4665 Pub. L. 104266,  5 Oct. 9, 1996 110 Stat. 3295  Editorial Notes  References in Text The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (a), is Pub. L. 96480 Oct. 21, 1980 94 Stat. 2311 section 3701 of Title 15 The Technology Transfer Act of 1986, referred to in subsec. (a), is Pub. L. 99502 Oct. 20, 1986 100 Stat. 1785 section 3701 of Title 15 Amendments 1996 Pub. L. 104266  390h4. Southern California comprehensive water reclamation and reuse study (a) General authority The Secretary is authorized to conduct a study to assess the feasibility of a comprehensive water reclamation and reuse system for Southern California. For the purpose of sections 390h to 390h39 of this title, the term Southern California means those portions of the counties of Imperial, Los Angeles, Orange, San Bernadino, 1 1 (b) Cooperation with State; Federal share The Secretary shall conduct the study authorized by this section in cooperation with the State of California and appropriate local and regional entities. The Federal share of the costs associated with this study shall not exceed 50 per centum of the total. (c) Report The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than six years after appropriation of funds authorized by sections 390h to 390h39 of this title. ( Pub. L. 102575, title XVI,  1606 Oct. 30, 1992 106 Stat. 4665 Pub. L. 103437,  16(a)(2) Nov. 2, 1994 108 Stat. 4594  Editorial Notes Amendments 1994Subsec. (c). Pub. L. 103437 Statutory Notes and Related Subsidiaries Reuse of Waste Water Pub. L. 102580, title II,  217 Oct. 31, 1992 106 Stat. 4833  (a)  In General The Secretary is authorized to provide assistance to non-Federal interests for carrying out projects described in subsection (c) for the beneficial reuse of waste water. Such assistance may be in the form of technical and planning and design assistance. If the Secretary is to provide any design or engineering assistance to carry out a project under this section, the Secretary shall obtain by procurement from private sources all services necessary for the Secretary to provide such assistance, unless the Secretary finds that (1) the service would require the use of a new technology unavailable in the private sector; or (2) a solicitation or request for proposal has failed to attract 2 or more bids or proposals. (b)  Non-Federal Share The non-Federal share of the cost of assistance provided under this section shall not be less than 25 percent, except that such share shall be subject to the ability of the non-Federal interest to pay, including the procedures and regulations relating to ability to pay established under section 103(m) of the Water Resources Development Act of 1986 [ 33 U.S.C. 2213(m) (c)  Project Descriptions The projects for which the Secretary is authorized to provide assistance under subsection (a) are as follows: (1)  Southern california comprehensive water reuse system. (A)  Description A regional water reuse system for Southern California to treat, store, and transfer water in order to provide a new increment of water supply for agricultural, municipal, industrial, and environmental needs of Southern California. (B)  Cooperation The Secretary shall carry out this paragraph in cooperation with the State of California and appropriate local and regional entities. (C)  Southern california defined For purposes of this paragraph, the term Southern California means those portions of the counties of Imperial, Los Angeles, Orange, San Bernardino, Riverside, San Diego, Ventura, Santa Barbara, and San Luis Obispo, California, within the south coast, central coast, and Colorado River hydrologic regions as defined by the California Department of Water Resources. (2)  San diego area water reuse demonstration facilities Water reuse facilities (which are not inconsistent with facilities mandated by the United States District Court in San Diego, California) to develop advance technology for economically and environmentally sound alternative water supplies for the San Diego metropolitan area. (3)  Santa rosa water reuse projects (A)  Description Water reuse projects for the city of Santa Rosa, California, to treat waste water and store such treated water for the purposes of providing new water supplies for agriculture, municipal, environmental, and other purposes and reducing the use of potable water supplies for purposes where treated waste water is a viable substitute. (B)  Cooperation The Secretary shall carry out this paragraph in cooperation with the city of Santa Rosa, California, and other appropriate authorities. (4)  Monterey county, california. (A)  Description Reduction of salt water intrusion into aquifers in the vicinity of Castroville, California, for the purposes of improving the water quality of Monterey Bay and enhancing long-term water supply in the area. (B)  Cooperation The Secretary shall carry out this paragraph in cooperation with the Monterey Regional Water Pollution Control Agency and the Monterey County Water Resources Agency. (d)  Authorization of Appropriations There is authorized to be appropriated to carry out this section $5,000,000. Such sums shall remain available until expended.  390h5. San Jose area water reclamation and reuse program (a) The Secretary, in cooperation with the city of San Jose, California, and the Santa Clara Valley Water District, and local water suppliers, shall participate in the planning, design and construction of demonstration and permanent facilities to reclaim and reuse water in the San Jose metropolitan service area. (b) The Federal share of the costs of the facilities authorized by subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project. ( Pub. L. 102575, title XVI,  1607 Oct. 30, 1992 106 Stat. 4666  Statutory Notes and Related Subsidiaries Demonstration of Waste Water Technology, Santa Clara Valley Water District and San Jose, California Pub. L. 102580, title II,  218 Oct. 31, 1992 106 Stat. 4834  (a)  In General The Secretary, in cooperation with the Administrator of the Environmental Protection Agency, is authorized to provide design and construction assistance to the Santa Clara Valley Water District in San Jose, California, and to the city of San Jose, California, for demonstrating and field testing public use innovative processes which advance the technology of waste water reuse and treatment and which promote the use of treated waste water for critical water supply purposes and for the protection of fish and wildlife in the San Francisco Bay. All design, construction, and comprehensive health effects studies shall be carried out by non-Federal interests. (b)  Purposes of Assistance Assistance may be provided under this section (1) for the design and construction of an innovative nonpotable waste water reuse treatment facility with distribution systems; (2) for the design and construction of an innovative potable waste water reuse pilot plant; (3) for implementation of a comprehensive health effects study of the performance of the potable waste water reuse pilot plant; and (4) after the pilot plant is constructed and is operational, for the design and construction of a potable waste water reuse project, along with integration of the additional potable processes into the existing nonpotable facilities, and the extension of the distribution systems to groundwater recharge areas, if the Secretary, in cooperation with the Administrator of the Environmental Protection Agency, determines that the established public health requirements and water quality goals and objectives are being met by the pilot plant, the public health and safety is not at risk as a result of the operation of the pilot plant, and the pilot plant is operating reliably. (c)  Cost Sharing Total project costs under this section shall be shared at 75 percent Federal and 25 percent non-Federal. The non-Federal sponsor shall receive credit for lands, easements, rights-of-way, and relocations toward its share of project costs, but not to exceed 25 percent of total project costs. Operation and maintenance cost shall be 100 percent non-Federal. (d)  Authorization of Appropriations There is authorized to be appropriated to carry out this section $10,000,000. Such sums shall remain available until expended.  390h6. Phoenix metropolitan water reclamation study and program (a) General authority The Secretary, in cooperation with the city of Phoenix, Arizona, shall participate in the planning, design, and construction of the Phoenix Metropolitan Water Reclamation and Reuse Project to utilize fully wastewater from the regional wastewater treatment plant for direct municipal, industrial, agricultural and environmental purposes, groundwater recharge and indirect potable reuse in the Phoenix metropolitan area. (b) Federal share The Federal share of the costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for operation or maintenance of the project. ( Pub. L. 102575, title XVI,  1608 Oct. 30, 1992 106 Stat. 4666 Pub. L. 103437,  16(a)(2) Nov. 2, 1994 108 Stat. 4594 Pub. L. 10653, title V,  596 Aug. 17, 1999 113 Stat. 384  Editorial Notes Amendments 1999Subsec. (a). Pub. L. 10653,  596(1) Subsec. (b). Pub. L. 10653,  596(2) Subsec. (c). Pub. L. 10653,  596(3) 1994Subsec. (c). Pub. L. 103437  390h7. Tucson area water reclamation study (a) General authority The Secretary, in cooperation with the State of Arizona and appropriate local and regional entities, shall conduct a feasibility study of comprehensive water reclamation and reuse system for Southern Arizona. For the purpose of this section, the term Southern Arizona means those portions of the counties of Pima, Santa Cruz, and Pinal within the Tucson Active Management Hydrologic Area as defined by the Arizona Department of Water Resources. (b) Federal share The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total. (c) Report The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than four years after appropriation of funds authorized by sections 390h to 390h39 of this title. ( Pub. L. 102575, title XVI,  1609 Oct. 30, 1992 106 Stat. 4666 Pub. L. 103437,  16(a)(2) Nov. 2, 1994 108 Stat. 4594  Editorial Notes Amendments 1994Subsec. (c). Pub. L. 103437  390h8. Lake Cheraw water reclamation and reuse study (a) General authority The Secretary is authorized, in cooperation with the State of Colorado and appropriate local and regional entities, to conduct a study to assess and develop means of reclaiming the waters of Lake Cheraw, Colorado, or otherwise ameliorating, controlling and mitigating potential negative impacts of pollution in the waters of Lake Cheraw on groundwater resources or the waters of the Arkansas River. (b) Federal share The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total. (c) Report The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than two years after appropriation of funds authorized by sections 390h to 390h39 of this title. ( Pub. L. 102575, title XVI,  1610 Oct. 30, 1992 106 Stat. 4667 Pub. L. 103437,  16(a)(2) Nov. 2, 1994 108 Stat. 4594  Editorial Notes Amendments 1994Subsec. (c). Pub. L. 103437  390h9. San Francisco area water reclamation study (a) General authority The Secretary, in cooperation with the city and county of San Francisco, shall conduct a feasibility study of the potential for development of demonstration and permanent facilities to reclaim water in the San Francisco area for the purposes of export and reuse elsewhere in California. (b) Federal share The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total. (c) Report The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than five years after appropriation of funds authorized by sections 390h to 390h39 of this title. ( Pub. L. 102575, title XVI,  1611 Oct. 30, 1992 106 Stat. 4667 Pub. L. 103437,  16(a)(2) Nov. 2, 1994 108 Stat. 4594 Pub. L. 104266,  6 Oct. 9, 1996 110 Stat. 3296  Editorial Notes Amendments 1996Subsec. (c). Pub. L. 104266 1994Subsec. (c). Pub. L. 103437  390h10. San Diego area water reclamation program (a) The Secretary, in cooperation with the city of San Diego, California 1 1 (b) The Federal share of the costs of the facilities authorized by subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project. ( Pub. L. 102575, title XVI,  1612 Oct. 30, 1992 106 Stat. 4667  390h11. Los Angeles area water reclamation and reuse project (a) The Secretary is authorized to participate with the city and county of Los Angeles, State of California, West Basin Municipal Water District, and other appropriate authorities, in the design, planning, and construction of water reclamation and reuse projects to treat approximately one hundred and twenty thousand acre-feet per year of effluent from the city and county of Los Angeles, in order to provide new water supplies for industrial, environmental, and other beneficial purposes, to reduce the demand for imported water, and to reduce sewage effluent discharged into Santa Monica Bay. (b) The Secretarys share of costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for operation or maintenance of the project. ( Pub. L. 102575, title XVI,  1613 Oct. 30, 1992 106 Stat. 4667  390h12. San Gabriel basin demonstration project (a) The Secretary, in cooperation with the Metropolitan Water District of Southern California and the Main San Gabriel Water Quality Authority or a successor public agency, is authorized to participate in the design, planning and construction of a conjunctive-use facility designed to improve the water quality in the San Gabriel groundwater basin and allow the utilization of the basin as a water storage facility; Provided (b) The Secretarys share of costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project. ( Pub. L. 102575, title XVI,  1614 Oct. 30, 1992 106 Stat. 4668  390h12a. North San Diego County Area Water Recycling Project (a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the North San Diego County Area Water Recycling Project, consisting of projects to reclaim and reuse water within service areas of the San Elijo Joint Powers Authority, the Leucadia County Water District, the City of Carlsbad, and the Olivenhain Municipal Water District, California. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1615 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3290  Editorial Notes Prior Provisions A prior section 1615 of Pub. L. 102575 section 390h13 of this title  390h12b. Calleguas Municipal Water District Recycling Project (a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Calleguas Municipal Water District Recycling Project to reclaim and reuse water in the service area of the Calleguas Municipal Water District in Ventura County, California. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1616 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3290  Editorial Notes Prior Provisions A prior section 1616 of Pub. L. 102575 section 390h14 of this title  390h12c. Central Valley Water Recycling Project (a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Central Valley Water Recycling Project to reclaim and reuse water in the service areas of the Central Valley Reclamation Facility and the Salt Lake County Water Conservancy District in Utah. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1617 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3291  Editorial Notes Prior Provisions A prior section 1617 of Pub. L. 102575 section 390h15 of this title  390h12d. St. George Area Water Recycling Project (a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the St. George Area Water Recycling Project to reclaim and reuse water in the service area of the Washington County Water Conservancy District in Utah. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1618 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3291  390h12e. Watsonville Area Water Recycling Project (a) Authorization The Secretary, in cooperation with the City of Watsonville, California, is authorized to participate in the design, planning, and construction of the Watsonville Area Water Recycling Project to reclaim and reuse water in the Pajaro Valley in Santa Cruz County, California. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1619 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3291  390h12f. Southern Nevada Water Recycling Project (a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Southern Nevada Water Recycling Project to reclaim and reuse water in the service area of the Southern Nevada Water Authority in Clark County, Nevada. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1620 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3291  390h12g. Albuquerque Metropolitan Area Water Reclamation and Reuse Project (a) Authorization The Secretary, in cooperation with the city of Albuquerque, New Mexico, is authorized to participate in the planning, design, and construction of the Albuquerque Metropolitan Area Water Reclamation and Reuse Project to reclaim and reuse industrial and municipal wastewater and reclaim and use naturally impaired ground water and nonpotable surface water in the Albuquerque metropolitan area. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1621 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3292 Pub. L. 10562, title V,  506 Oct. 13, 1997 111 Stat. 1339  Editorial Notes Codification Section 506 of Pub. L. 10562 Public Law 104266 Pub. L. 102575 Pub. L. 104266 Amendments 1997 Pub. L. 10562,  506(1) Subsec. (a). Pub. L. 10562,  506(2) Pub. L. 10562,  506(1)  390h12h. El Paso Water Reclamation and Reuse Project (a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the El Paso Water Reclamation and Reuse Project to reclaim and reuse wastewater in the service area of the El Paso Water Utilities Public Service Board, El Paso, Texas. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1622 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3292  390h12i. Reclaimed water in Pasadena (a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the City of Pasadena, California, reclaimed water project to obtain, store, and use reclaimed water in Pasadena and its service area, as well as neighboring communities. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1623 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3292  390h12j. Orange County Regional Water Reclamation Project (a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Orange County Regional Water Reclamation Project, to reclaim and reuse water within the service area of the Orange County Water District in California. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1624 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3292 Pub. L. 11111, title IX,  9111(c) Mar. 30, 2009 123 Stat. 1318  Editorial Notes Amendments 2009 Pub. L. 11111,  9111(c)(1) Subsec. (a). Pub. L. 11111,  9111(c)(2)  390h12k. City of West Jordan Water Reuse Project (a) Authorization The Secretary, in cooperation with the City of West Jordan, Utah, is authorized to participate in the design, planning, and construction of the City of West Jordan Water Reuse Project to recycle and reuse water in its service area from the South Valley Water Reclamation Facility Discharge Waters in Utah. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1625 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3293  390h12l. Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility (a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1626 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3293  390h12m. Mission Basin Brackish Groundwater Desalting Demonstration Project (a) Authorization The Secretary, in cooperation with the City of Oceanside, is authorized to participate in the design, planning, and construction of a 3,000,000 gallon per day expansion of the Mission Basin Brackish Groundwater Desalting Demonstration Project in Oceanside, California. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1627 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3293  390h12n. Treatment of effluent from sanitation districts of Los Angeles County through city of Long Beach (a) Authorization The Secretary, in cooperation with the Water Replenishment District of Southern California, the Orange County Water District in the State of California, and other appropriate authorities, is authorized to participate in the design, planning, and construction of water reclamation and reuse projects to treat approximately 10,000 acre-feet per year of effluent from the sanitation districts of Los Angeles County through the city of Long Beach. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1628 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3293  390h12o. San Joaquin Area Water Recycling and Reuse Project (a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the San Joaquin Area Water Recycling and Reuse Project, in cooperation with the City of Tracy, and consisting of participating projects which will reclaim and reuse water within the County of San Joaquin in California. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1629 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3294  390h12p. Tooele Wastewater Treatment and Reuse Project (a) Authorization The Secretary, in cooperation with Tooele City, Utah, is authorized to participate in the design, planning, and construction of the Tooele Wastewater Treatment and Reuse Project. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a). ( Pub. L. 102575, title XVI,  1630 Pub. L. 104266,  2(a)(2) Oct. 9, 1996 110 Stat. 3294  390h13. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as may be necessary to carry out the purposes and provisions of sections 390h through 390h12p of this title. (b) Prerequisite cost-sharing agreement (1) Funds may not be appropriated for the construction of any project authorized by sections 390h to 390h39 of this title until after (A) an appraisal investigation and a feasibility study that complies with the provisions of sections 390h1(b) or 390h2(c) of this title, as the case may be, have been completed by the Secretary or the non-Federal project sponsor; (B) the Secretary has determined that the non-Federal project sponsor is financially capable of funding the non-Federal share of the projects costs; and (C) the Secretary has approved a cost-sharing agreement with the non-Federal project sponsor which commits the non-Federal project sponsor to funding its proportionate share of the projects construction costs on an annual basis. (2) The requirements of paragraph (1) shall not apply to those projects authorized by sections 390h to 390h39 of this title for which funds were appropriated prior to January 1, 1996 (c) Congressional notification The Secretary shall notify the Committees on Resources and Appropriations of the House of Representatives and the Committees on Energy and Natural Resources and Appropriations of the Senate within 30 days after the signing of a cost-sharing agreement pursuant to subsection (b) that such an agreement has been signed and that the Secretary has determined that the non-Federal project sponsor is financially capable of funding the projects non-Federal share of the projects costs. (d) Ceiling on Federal share (1) Notwithstanding any other provision of sections 390h to 390h39 of this title and except as provided by paragraph (2), the Federal share of the costs of each of the individual projects authorized by sections 390h to 390h39 of this title shall not exceed $20,000,000 (October 1996 prices). (2) (A) Subject to subparagraph (B), in the case of any project authorized by sections 390h to 390h39 of this title for which construction funds were appropriated before January 1, 1996 March 27, 1996 (B) In the case of the San Gabriel Basin demonstration project authorized by section 390h12 of this title (i) the amount that applies to that project under subparagraph (A); and (ii) $6,500,000. ( Pub. L. 102575, title XVI,  1631 Oct. 30, 1992 106 Stat. 4668 Pub. L. 104266 Oct. 9, 1996 110 Stat. 3290 Pub. L. 108418,  1 Nov. 30, 2004 118 Stat. 2340  Editorial Notes  References in Text Sections 390h through 390h12p of this title, referred to in subsec. (a), was in the original sections 1601 through 1630 of this title meaning sections 1601 through 1630 of title XVI of Pub. L. 102575 section 390h of this title Amendments 2004Subsec. (d)(2). Pub. L. 108418 1996 Pub. L. 104266 Statutory Notes and Related Subsidiaries  Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007  390h14. Groundwater study (a) Investigation, analysis, and report In furtherance of the High Plains Groundwater Demonstration Program Act of 1983 ( 98 Stat. 1675 43 U.S.C. 390g (1) a description of the findings of the investigation and analysis, including the methodology employed; (2) a description of methods for optimizing Bureau of Reclamation project operations to ameliorate adverse impacts on groundwater, 1 1 (3) the Secretarys recommendations, along with the recommendations of the Governors of the affected States, concerning the establishment of a groundwater management and technical assistance program in the Department of the Interior in order to assist Federal and non-Federal entity development and implementation of groundwater management plans and activities. (b) Consultation with Governors In conducting the investigation and analysis, and in preparation of the report referred to in this section, the Secretary shall consult with the Governors of the affected States. (c) Report The report shall be submitted to the Committees on Appropriations and Natural Resources of the House of Representatives and the Committees on Appropriations and Energy and Natural Resources of the Senate within three years of the appropriation of funds authorized by section 390h15 of this title ( Pub. L. 102575, title XVI,  1632 Oct. 30, 1992 106 Stat. 4668 Pub. L. 103437,  16(a)(2) Nov. 2, 1994 108 Stat. 4594 Pub. L. 104266,  2(a)(1) Oct. 9, 1996 110 Stat. 3290  Editorial Notes  References in Text The High Plains Groundwater Demonstration Program Act of 1983, referred to in subsec. (a), is Pub. L. 98434 Sept. 28, 1984 98 Stat. 1675 section 390g of this title Amendments 1996Subsec. (c). Pub. L. 104266,  2(b)(2) section 390h15 of this title 1994Subsec. (c). Pub. L. 103437 Statutory Notes and Related Subsidiaries  Change of Name Geological Survey redesignated United States Geological Survey by provision of title I of Pub. L. 102154 Nov. 13, 1991 105 Stat. 1000 section 31 of this title  390h15. Authorization of appropriations  There is authorized to be appropriated for fiscal years beginning after September 30, 1992 section 390h14 of this title ( Pub. L. 102575, title XVI,  1633 Oct. 30, 1992 106 Stat. 4669 Pub. L. 104266,  2(a)(1) Oct. 9, 1996 110 Stat. 3290  Editorial Notes Amendments 1996 Pub. L. 104266,  2(b)(3) section 390h14 of this title  390h16. Willow Lake Natural Treatment System Project (a) Authorization The Secretary, in cooperation with the city of Salem, Oregon, is authorized to participate in the design, planning, and construction of the Willow Lake Natural Treatment System Project to reclaim and reuse wastewater within and without the service area of the city of Salem. (b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ( Pub. L. 102575, title XVI,  1634 Pub. L. 105321,  6(a) Oct. 30, 1998 112 Stat. 3025  390h17. Lakehaven, Washington, Water Reclamation and Reuse Project (a) Authorization The Secretary, in cooperation with the Lakehaven Utility District, Washington, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the Lakehaven Utility District. (b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ( Pub. L. 102575, title XVI,  1635 Pub. L. 107344,  1 Dec. 17, 2002 116 Stat. 2893  390h17a. Transferred  Editorial Notes Codification Section, Pub. L. 102575, title XVI,  1636 Pub. L. 108316,  1(b) Oct. 5, 2004 118 Stat. 1202 section 1637 of Pub. L. 102575 Pub. L. 10970,  2(a)(1) Sept. 21, 2005 119 Stat. 2009 section 390h19 of this title  390h18. Irvine basin groundwater and surface water improvement projects (a) Authorization The Secretary, in cooperation with the Irvine Ranch Water District, California, is authorized to participate in the design, planning, and construction of projects to naturally treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the San Diego Creek Watershed. (b) Cost share The Federal share of the costs of the projects authorized by this section shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project authorized by this section. ( Pub. L. 102575, title XVI,  1636 Pub. L. 108233,  2(a) May 28, 2004 118 Stat. 654  Editorial Notes Prior Provisions Another section 1636 of Pub. L. 102575 section 390h19 of this title  390h19. Williamson County, Texas, water recycling and reuse project (a) Authorization The Secretary, in cooperation with the Lower Colorado River Authority, Texas, is authorized to participate in the design, planning, and construction of permanent facilities to reclaim and reuse water in Williamson County, Texas. (b) Cost share The Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project described in subsection (a). ( Pub. L. 102575, title XVI,  1637 Pub. L. 108316,  1(b) Oct. 5, 2004 118 Stat. 1202 Pub. L. 10970,  2(a)(1) Sept. 21, 2005 119 Stat. 2009  Editorial Notes Codification Section was formerly classified to section 390h17a of this title Pub. L. 10970  390h20. Hawaii reclamation projects (a) Authorization The Secretary may (1) in cooperation with the Board of Water Supply, City and County of Honolulu, Hawaii, participate in the design, planning, and construction of a project in Kalaeloa, Hawaii, to desalinate and distribute seawater for direct potable use within the service area of the Board; (2) in cooperation with the County of Hawaii Department of Environmental Management, Hawaii, participate in the design, planning, and construction of facilities in Kealakehe, Hawaii, for the treatment and distribution of recycled water and for environmental purposes within the County; and (3) in cooperation with the County of Maui Wastewater Reclamation Division, Hawaii, participate in the design, planning, and construction of, and acquire land for, facilities in Lahaina, Hawaii, for the distribution of recycled water from the Lahaina Wastewater Reclamation Facility for non-potable uses within the County. (b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) Limitation Funds provided by the Secretary shall not be used for the operation and maintenance of a project described in subsection (a). (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. ( Pub. L. 102575, title XVI,  1638 Pub. L. 10970,  2(a)(2) Sept. 21, 2005 119 Stat. 2009  390h21. Inland Empire regional water recycling project (a) In general The Secretary, in cooperation with the Inland Empire Utilities Agency, may participate in the design, planning, and construction of the Inland Empire regional water recycling project described in the report submitted under section 390h4(c) of this title (b) Cost sharing The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) Limitation Funds provided by the Secretary shall not be used for operation and maintenance of the project described in subsection (a). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section, $20,000,000. ( Pub. L. 102575, title XVI,  16 Pub. L. 110161, div. C, title II,  210 Dec. 26, 2007 121 Stat. 1954  Editorial Notes Codification Section is based on section 16 of Pub. L. 102575 Pub. L. 102575  390h22. Omitted  Editorial Notes Codification Section, Pub. L. 102575, title XVI,  16 Pub. L. 110161, div. C, title II,  210 Dec. 26, 2007 121 Stat. 1955 Dec. 26, 2007 Section was based on section 16 of Pub. L. 102575 Pub. L. 102575  390h23. Southern California desert region integrated water and economic sustainability plan (a) Authorization The Secretary, in cooperation with the Mojave Water Agency is authorized to participate in the design, planning, and construction of projects to implement the Mojave Water Agencys Integrated Regional Water Management Plan. (b) Cost share The Federal share of the costs of the projects authorized by this section shall not exceed 25 percent of the total cost. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section, $20,000,000. ( Pub. L. 102575, title XVI,  16 Pub. L. 110161, div. C, title II,  214(a) Dec. 26, 2007 121 Stat. 1955  Editorial Notes Codification Section is based on section 16 of Pub. L. 102575 Pub. L. 102575 Statutory Notes and Related Subsidiaries Limitation on Funds; Credits Toward Non-Federal Share Pub. L. 110161, div. C, title II,  214(c) Dec. 26, 2007 121 Stat. 1956  (c)  Limitation The Secretary [of the Interior] shall not provide funds for the operation or maintenance of a project authorized by this section [enacting this section]. (d)  Credits Toward Non-Federal Share For purposes of subsection (b) [probably means subsec. (b) of this section] the Secretary shall credit the Mojave Water Agency with the value of all expenditures made prior to the date of the enactment of this Act [ Dec. 26, 2007  390h24. Omitted  Editorial Notes Codification Section, Pub. L. 102575, title XVI,  1639 Pub. L. 110229, title V,  511(a) May 8, 2008 122 Stat. 840 May 8, 2008  390h25. Mountain View, Moffett Area reclaimed water pipeline project (a) Authorization The Secretary, in cooperation with the City of Palo Alto, California, and the City of Mountain View, California, is authorized to participate in the design, planning, and construction of recycled water distribution systems. (b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000. ( Pub. L. 102575, title XVI,  1642 Pub. L. 110229, title V,  512(a)(1) May 8, 2008 122 Stat. 841  390h26. Pittsburg recycled water project (a) Authorization The Secretary, in cooperation with the City of Pittsburg, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities. (b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,750,000. ( Pub. L. 102575, title XVI,  1643 Pub. L. 110229, title V,  512(a)(1) May 8, 2008 122 Stat. 841  390h27. Antioch recycled water project (a) Authorization The Secretary, in cooperation with the City of Antioch, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities. (b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,250,000. ( Pub. L. 102575, title XVI,  1644 Pub. L. 110229, title V,  512(a)(1) May 8, 2008 122 Stat. 841  390h28. North Coast County Water District recycled water project (a) Authorization The Secretary, in cooperation with the North Coast County Water District, is authorized to participate in the design, planning, and construction of recycled water system facilities. (b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,500,000. ( Pub. L. 102575, title XVI,  1645 Pub. L. 110229, title V,  512(a)(1) May 8, 2008 122 Stat. 842  390h29. Redwood City recycled water project (a) Authorization The Secretary, in cooperation with the City of Redwood City, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. (b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,100,000. ( Pub. L. 102575, title XVI,  1646 Pub. L. 110229, title V,  512(a)(1) May 8, 2008 122 Stat. 842  390h30. South Santa Clara County recycled water project (a) Authorization The Secretary, in cooperation with the South County Regional Wastewater Authority and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water system distribution facilities. (b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $7,000,000. ( Pub. L. 102575, title XVI,  1647 Pub. L. 110229, title V,  512(a)(1) May 8, 2008 122 Stat. 842  390h31. South Bay advanced recycled water treatment facility (a) Authorization The Secretary, in cooperation with the City of San Jose, California, and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water treatment facilities. (b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $8,250,000. ( Pub. L. 102575, title XVI,  1648 Pub. L. 110229, title V,  512(a)(1) May 8, 2008 122 Stat. 842  390h32. Rancho California Water District project, California (a) Authorization The Secretary, in cooperation with the Rancho California Water District, California, may participate in the design, planning, and construction of permanent facilities for water recycling, demineralization, and desalination, and distribution of non-potable water supplies in Southern Riverside County, California. (b) Cost sharing The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project or $20,000,000, whichever is less. (c) Limitation Funds provided by the Secretary under this section shall not be used for operation or maintenance of the project described in subsection (a). ( Pub. L. 102575, title XVI,  1649 Pub. L. 11111, title IX,  9104(a) Mar. 30, 2009 123 Stat. 1303  390h33. Elsinore Valley Municipal Water District projects, California (a) Authorization The Secretary, in cooperation with the Elsinore Valley Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish recycled water distribution and wastewater treatment and reclamation facilities that will be used to treat wastewater and provide recycled water in the Elsinore Valley Municipal Water District, California. (b) Cost sharing The Federal share of the cost of each project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) Limitation Funds provided by the Secretary under this section shall not be used for operation or maintenance of the projects described in subsection (a). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $12,500,000. ( Pub. L. 102575, title XVI,  1650 Pub. L. 11111, title IX,  9109(a) Mar. 30, 2009 123 Stat. 1315  390h34. North Bay Water Reuse Program (a) Definitions In this section: (1) Eligible entity The term eligible entity means a member agency of the North Bay Water Reuse Authority of the State located in the North San Pablo Bay watershed in (A) Marin County; (B) Napa County; (C) Solano County; or (D) Sonoma County. (2) Water reclamation and reuse project The term water reclamation and reuse project means a project carried out by the Secretary and an eligible entity in the North San Pablo Bay watershed relating to (A) water quality improvement; (B) wastewater treatment; (C) water reclamation and reuse; (D) groundwater recharge and protection; (E) surface water augmentation; or (F) other related improvements. (3) State The term State means the State of California. (b) North Bay Water Reuse Program (1) In general Contingent upon a finding of feasibility, the Secretary, acting through a cooperative agreement with the State or a subdivision of the State, is authorized to enter into cooperative agreements with eligible entities for the planning, design, and construction of water reclamation and reuse facilities and recycled water conveyance and distribution systems. (2) Coordination with other Federal agencies In carrying out this section, the Secretary and the eligible entity shall, to the maximum extent practicable, use the design work and environmental evaluations initiated by (A) non-Federal entities; and (B) the Corps of Engineers in the San Pablo Bay Watershed of the State. (3) Phased project A cooperative agreement described in paragraph (1) shall require that the North Bay Water Reuse Program carried out under this section shall consist of 2 phases as follows: (A) First phase During the first phase, the Secretary and an eligible entity shall complete the planning, design, and construction of the main treatment and main conveyance systems. (B) Second phase During the second phase, the Secretary and an eligible entity shall complete the planning, design, and construction of the sub-regional distribution systems. (4) Cost sharing (A) Federal share The Federal share of the cost of the first phase of the project authorized by this section shall not exceed 25 percent of the total cost of the first phase of the project. (B) Form of non-Federal share The non-Federal share may be in the form of any in-kind services that the Secretary determines would contribute substantially toward the completion of the water reclamation and reuse project, including (i) reasonable costs incurred by the eligible entity relating to the planning, design, and construction of the water reclamation and reuse project; and (ii) the acquisition costs of land acquired for the project that is (I) used for planning, design, and construction of the water reclamation and reuse project facilities; and (II) owned by an eligible entity and directly related to the project. (C) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. (5) Effect Nothing in this section (A) affects or preempts (i) State water law; or (ii) an interstate compact relating to the allocation of water; or (B) confers on any non-Federal entity the ability to exercise any Federal right to (i) the water of a stream; or (ii) any groundwater resource. (6) Authorization of appropriations There is authorized to be appropriated for the Federal share of the total cost of the first phase of the project authorized by this section $25,000,000, to remain available until expended. ( Pub. L. 102575, title XVI,  1651 Pub. L. 11111, title IX,  9110(a) Mar. 30, 2009 123 Stat. 1315  390h35 to 390h37. Omitted  Editorial Notes Codification Section 390h35, Pub. L. 102575, title XVI,  1652 Pub. L. 11111, title IX,  9111(a)(1) Mar. 30, 2009 123 Stat. 1317 Mar. 30, 2009 Section 390h36, Pub. L. 102575, title XVI,  1653 Pub. L. 11111, title IX,  9111(b)(1) Mar. 30, 2009 123 Stat. 1317 Mar. 30, 2009 Section 390h37, Pub. L. 102575, title XVI,  1654 Pub. L. 11111, title IX,  9113(a) Mar. 30, 2009 123 Stat. 1319 Mar. 30, 2009  390h38. Yucaipa Valley regional water supply renewal project (a) Authorization The Secretary, in cooperation with the Yucaipa Valley Water District, may participate in the design, planning, and construction of projects to treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the Santa Ana Watershed as described in the report submitted under section 390h4 of this title (b) Cost sharing The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) Limitation Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000. ( Pub. L. 102575, title XVI,  1655 Pub. L. 11111, title IX,  9114(a) Mar. 30, 2009 123 Stat. 1320  390h39. City of Corona Water Utility, California, water recycling and reuse project (a) Authorization The Secretary, in cooperation with the City of Corona Water Utility, California, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the City of Corona Water Utility, California. (b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ( Pub. L. 102575, title XVI,  1656 Pub. L. 11111, title IX,  9114(a) Mar. 30, 2009 123 Stat. 1320 SUBCHAPTER IA RECLAMATION REFORM  390aa. Congressional declaration of purpose; short title  This subchapter shall amend and supplement the Act of June 17, 1902 43 U.S.C. 371 ( Pub. L. 97293, title II,  201 Oct. 12, 1982 96 Stat. 1263  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this title, meaning title II ( 201230) of Pub. L. 97293 Oct. 12, 1982 96 Stat. 1263 section 383 of Title 25 Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title  390bb. Definitions As used in this subchapter: (1) The term contract means any repayment or water service contract between the United States and a district providing for the payment of construction charges to the United States including normal operation, maintenance, and replacement costs pursuant to Federal reclamation law. (2) The term district means any individual or any legal entity established under State law which has entered into a contract or is eligible to contract with the Secretary for irrigation water. (3) (A) The term full cost means an annual rate as determined by the Secretary that shall amortize the expenditures for construction properly allocable to irrigation facilities in service, including all operation and maintenance deficits funded, less payments, over such periods as may be required under Federal reclamation law or applicable contract provisions, with interest on both accruing from October 12, 1982 October 12, 1982 Provided (B) The interest rate used for expenditures made on or before October 12, 1982 (C) The interest rate used for expenditures made after October 12, 1982 (i) the rate as of the beginning of the fiscal year in which expenditures are made on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issuance; and (ii) the weighted average yield on all interest-bearing, marketable issues sold by the Treasury during the fiscal year preceding the fiscal year in which the expenditures are made. (4) The term individual means any natural person, including his or her spouse, and including other dependents thereof within the meaning of the Internal Revenue Code of 1986 ( 26 U.S.C. 152 (5) The term irrigation water means water made available for agricultural purposes from the operation of reclamation project facilities pursuant to a contract with the Secretary. (6) The term landholding means total irrigable acreage of one or more tracts of land situated in one or more districts owned or operated under a lease which is served with irrigation water pursuant to a contract with the Secretary. In determining the extent of a landholding the Secretary shall add to any landholding held directly by a qualified or limited recipient that portion of any landholding held indirectly by such qualified or limited recipient which benefits that qualified or limited recipient in proportion to that landholding. (7) The term limited recipient means any legal entity established under State or Federal law benefiting more than twenty-five natural persons. (8) The term project means any reclamation or irrigation project, including incidental features thereof, authorized by Federal reclamation law, or constructed by the United States pursuant to such law, or in connection with which there is a repayment or water service contract executed by the United States pursuant to such law, or any project constructed by the Secretary through the Bureau of Reclamation for the reclamation of lands. (9) The term qualified recipient means an individual who is a citizen of the United States or a resident alien thereof or any legal entity established under State or Federal law which benefits twenty-five natural persons or less. (10) The term recordable contract means a contract between the Secretary and a landowner in writing capable of being recorded under State law providing for the sale or disposition of lands held in excess of the ownership limitations of Federal reclamation law including this subchapter. (11) The term Secretary means the Secretary of the Interior. ( Pub. L. 97293, title II,  202 Oct. 12, 1982 96 Stat. 1263 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095  Editorial Notes  References in Text Federal reclamation law, referred to in pars. (1), (3)(A), (8), and (10), is defined in section 390aa of this title Amendments 1986Par. (4). Pub. L. 99514  390cc. New or amended contracts (a) Generally The provisions of this subchapter shall be applicable to any district which (1) enters into a contract with the Secretary subsequent to October 12, 1982 (2) enters into any amendment of its contract with the Secretary subsequent to October 12, 1982 (3) which amends its contract for the purpose of conforming to the provisions of this subchapter. (b) Amendment of existing contracts Any district which has an existing contract with the Secretary as of October 12, 1982 October 12, 1982 43 U.S.C. 390ii October 12, 1982 section 390bb(3)(A) of this title Provided section 390ee(a)(3) of this title (c) Election by qualified or limited recipients in absence of amendment to contract In the absence of an amendment to a contract, as specified in subsection (a), a qualified recipient or limited recipient may elect to be subject to the provisions of this subchapter by executing an irrevocable election in a form approved by the Secretary to comply with this subchapter. The district shall thereupon deliver irrigation water to and collect from such recipient, for the credit of the United States, the additional charges required by this subchapter and assignable to the recipient making the election. (d) Consent of non-Federal party Amendments to contracts which are not required by the provisions of this subchapter shall not be made without the consent of the non-Federal party. ( Pub. L. 97293, title II,  203 Oct. 12, 1982 96 Stat. 1264  Editorial Notes  References in Text Federal reclamation law, referred to in subsec. (b), is defined in section 390aa of this title Sections 209 through 230 of this title, referred to in subsec. (b), are sections 209 through 230 of title II of Pub. L. 97293 section 383 of Title 25  390dd. Limitation on ownership Except as provided in section 390ii of this title (1) a qualified recipient for use in the irrigation of lands owned by such qualified recipient in excess of nine hundred and sixty acres of class I lands or the equivalent thereof; or (2) a limited recipient for the use in the irrigation of lands owned by such limited recipient in excess of six hundred and forty acres of class I lands or the equivalent thereof; whether situated in one or more districts. ( Pub. L. 97293, title II,  204 Oct. 12, 1982 96 Stat. 1265  390ee. Pricing (a) Delivery of irrigation water at full cost Notwithstanding any other provision of law, any contract with a district entered into by the Secretary as specified in section 390cc of this title section 390bb(3) of this title (1) a landholding in excess of nine hundred and sixty acres of class I lands or the equivalent thereof for a qualified recipient, 1 1 (2) a landholding in excess of three hundred and twenty acres of class I land or the equivalent thereof for a limited recipient receiving irrigation water on or before October 1, 1981 (3) the entire landholding of a limited recipient not receiving irrigation water on or before October 1, 1981 Provided (A) the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issuance; and (B) the weighted average of market yields on all interest-bearing, marketable issues sold by the Treasury during the fiscal year preceding the fiscal year in which the expenditures are made, or October 12, 1982 October 12, 1982 (b) Delivery of irrigation water at prior terms and conditions Any contract with a district entered into by the Secretary as specified in section 390cc of this title October 12, 1982 section 390hh of this title (c) Delivery of irrigation water to lands under recordable contracts Notwithstanding any extension of time of any recordable contract as provided in section 390ii(e) of this title October 12, 1982 October 12, 1982 section 390rr of this title Provided ( Pub. L. 97293, title II,  205 Oct. 12, 1982 96 Stat. 1265  Editorial Notes  References in Text Federal reclamation law, referred to in subsec. (b), is defined in section 390aa of this title  390ff. Certification of compliance  As a condition to the receipt of irrigation water for lands in a district which has a contract as specified in section 390cc of this title ( Pub. L. 97293, title II,  206 Oct. 12, 1982 96 Stat. 1266  390gg. Equivalency  Upon the request of any district, the ownership and pricing limitations imposed by this subchapter shall apply to the irrigable lands classified within such district by the Secretary as having class I productive potential or the equivalent thereof in larger acreage of less productive potential, as determined by the Secretary, taking into account all factors which significantly affect productivity, including but not limited to topography, soil characteristics, length of growing season, elevation, adequacy of water supply, and crop adaptability. ( Pub. L. 97293, title II,  207 Oct. 12, 1982 96 Stat. 1266  390hh. Operation and maintenance charges (a) Price adequate to recover charges The price of irrigation water delivered by the Secretary pursuant to a contract or an amendment to a contract with a district, as specified in section 390cc of this title (b) Modification of price Whenever a district enters into a contract or requests that its contract be amended as specified in section 390cc of this title (c) Districts not operating from Federal funds This section shall not apply to districts which operate and maintain project facilities and finance the operation and maintenance thereof from non-Federal funds. ( Pub. L. 97293, title II,  208 Oct. 12, 1982 96 Stat. 1267  390ii. Disposition of excess lands (a) Disposal of lands in excess of ownership limitations within reasonable time Irrigation water made available in the operation of reclamation project facilities may not be delivered for use in the irrigation of lands held in excess of the ownership limitations imposed by Federal reclamation law, including this subchapter, unless and until the owners thereof shall have executed a recordable contract with the Secretary, in accordance with the terms and conditions required by Federal reclamation law, requiring the disposal of their interest in such excess lands within a reasonable time to be established by the Secretary. In the case of recordable contracts entered into prior to October 12, 1982 October 12, 1982 section 390rr of this title (b) Continued delivery of irrigation water to lands held in excess of ownership limitations Lands held in excess of the ownership limitations imposed by Federal reclamation law, including this subchapter, which, on October 12, 1982 (1) if the disposal of the owners interest in such lands is required by an existing recordable contract with the Secretary, or (2) if the owners of such lands have requested that a recordable contract be executed by the Secretary. (c) Amendment of existing recordable contracts Recordable contracts existing on October 12, 1982 Provided (d) Power of attorney requirement in contracts; exercise of power by Secretary Any recordable contract covering excess lands sales shall provide that a power of attorney shall vest in the Secretary to sell any excess lands not disposed of by the owners thereof within the period of time specified in the recordable contract. In the exercise of that power, the Secretary shall sell such lands through an impartial selection process only to qualified purchasers according to such reasonable rules and regulations as the Secretary may establish: Provided (e) Extension of time for disposal of excess lands In the event that the owner of any lands in excess of the ownership limitations of Federal reclamation law has heretofore entered into a recordable contract with the Secretary for the disposition of such excess lands and has been prevented from disposing of them because the Secretary may have withheld the processing or approval of the disposition of the lands (whether he may have been compelled to do so by court order or for other reasons), the period of time for the disposal of such lands by the owner thereof pursuant to the contract shall be extended from the date on which the Secretary again commences the processing or the approval of the disposition of such lands for a period which shall be equal to the remaining period of time under the recordable contract for the disposal thereof by the owner at the time the decision of the Secretary to withhold the processing or approval of such disposition first became effective. (f) Eligibility of excess lands for irrigation water after disposition Excess lands which have been or may be disposed of in compliance with Federal reclamation law, including this subchapter, shall not be considered eligible to receive irrigation water unless (1) they are held by nonexcess owners; and (2) in the case of disposals made after October 12, 1982 section 423e of this title ( Pub. L. 97293, title II,  209 Oct. 12, 1982 96 Stat. 1267  Editorial Notes  References in Text Federal reclamation law, referred to in subsecs. (a), (b), (e), and (f), is defined in section 390aa of this title  390jj. Water conservation (a) Implementation of program by non-Federal recipients The Secretary shall, pursuant to his authorities under otherwise existing Federal reclamation law, encourage the full consideration and incorporation of prudent and responsible water conservation measures in the operations of non-Federal recipients of irrigation water from Federal reclamation projects, where such measures are shown to be economically feasible for such non-Federal recipients. (b) Development of plan Each district that has entered into a repayment contract or water service contract pursuant to Federal reclamation law or the Water Supply Act of 1958, as amended ( 43 U.S.C. 390b (c) Coordination of ongoing programs; full public participation The Secretary is authorized and directed to enter into memorandums of agreement with those Federal agencies having capability to assist in implementing water conservation measures to assure coordination of ongoing programs. Such memorandums should provide for involvement of non-Federal entities such as States, Indian tribes, and water user organizations to assure full public participation in water conservation efforts. ( Pub. L. 97293, title II,  210 Oct. 12, 1982 96 Stat. 1268  Editorial Notes  References in Text Federal reclamation law, referred to in subsecs. (a) and (b), is defined in section 390aa of this title The Water Supply Act of 1958, as amended, referred to in subsec. (b), is title III of Pub. L. 85500 July 3, 1958 72 Stat. 319 section 390b of this title section 390b of this title section 390b of this title  390kk. Residency not required  Notwithstanding any other provision of law, irrigation water made available from the operation of reclamation project facilities shall not be withheld from delivery to any project lands for the reason that the owners, lessees, or operators do not live on or near them. ( Pub. L. 97293, title II,  211 Oct. 12, 1982 96 Stat. 1269  390ll. Corps of Engineers projects (a) Applicability of Federal reclamation laws Notwithstanding any other provision of law, neither the ownership or pricing limitation provisions nor the other provisions of Federal reclamation law, including this subchapter, shall be applicable to lands receiving benefits from Federal water resources projects constructed by the United States Army Corps of Engineers, unless (1) the project has, by Federal statute, explicitly been designated, made a part of, or integrated with a Federal reclamation project; or (2) the Secretary, pursuant to his authority under Federal reclamation law, has provided project works for the control or conveyance of an agricultural water supply for the lands involved. (b) Payment of construction, operation, maintenance and administrative costs allocated to conservation or irrigation storage Notwithstanding any other provision of this section to the contrary, obligations that require water users, pursuant to contracts with the Secretary, to repay the share of construction costs and to pay the share of the operation and maintenance and contract administrative costs of a Corps of Engineers project which are allocated to conservation storage or irrigation storage shall remain in effect. ( Pub. L. 97293, title II,  212 Oct. 12, 1982 96 Stat. 1269  Editorial Notes  References in Text Federal reclamation law, referred to in subsec. (a), is defined in section 390aa of this title  390mm. Repayment of construction charges (a) Ownership and pricing limitations inapplicable when repayment obligation has been discharged The ownership and full cost pricing limitations of this subchapter and the ownership limitations provided in any other provision of Federal reclamation law shall not apply to lands in a district after the obligation of a district for the repayment of the construction costs of the project facilities used to make project water available for delivery to such lands shall have been discharged by a district (or by a person within the district pursuant to a contract existing on October 12, 1982 October 12, 1982 (b) Certification of freedom from ownership and pricing limitations (1) The Secretary shall provide, upon request of any owner of a landholding for which repayment has occurred, a certificate acknowledging that the landholding is free of the ownership or full cost pricing limitation of Federal reclamation law. Such certificate shall be in a form suitable for entry in the land records of the county in which such landholding is located. (2) Any certificate issued by the Secretary prior to October 12, 1982 (c) Lump sum or accelerated repayment of construction costs Nothing in this subchapter shall be construed as authorizing or permitting lump sum or accelerated repayment of construction costs, except in the case of a repayment contract which is in effect upon October 12, 1982 ( Pub. L. 97293, title II,  213 Oct. 12, 1982 96 Stat. 1269  Editorial Notes  References in Text Federal reclamation law, referred to in subsecs. (a) and (b), is defined in section 390aa of this title  390nn. Trusts (a) The ownership and full cost pricing limitations of this subchapter and the ownership limitations provided in any other provision of Federal reclamation law shall not apply to lands in a district which are held by an individual or corporate trustee in a fiduciary capacity for a beneficiary or beneficiaries whose interests in the lands served do not exceed the ownership and pricing limitations imposed by Federal reclamation law, including this subchapter. (b) Lands placed in a revocable trust shall be attributable to the grantor if (1) the trust is revocable at the discretion of the grantor and revocation results in the title to such lands reverting either directly or indirectly to the grantor; or (2) the trust is revoked or terminated by its terms upon the expiration of a specified period of time and the revocation or termination results in the title to such lands reverting either directly or indirectly to the grantor. ( Pub. L. 97293, title II,  214 Oct. 12, 1982 96 Stat. 1270 Pub. L. 100203, title V,  5302(b) Dec. 22, 1987 101 Stat. 1330269  Editorial Notes  References in Text Federal reclamation law, referred to in subsec. (a), is defined in section 390aa of this title Amendments 1987 Pub. L. 100203  390oo. Temporary supplies of water (a) Limitations inapplicable Neither the ownership limitations of this subchapter nor the ownership limitations of any other provision of Federal reclamation law shall apply to lands which receive only a temporary, not to exceed one year, supply of water made possible as a result of (1) an unusually large water supply not otherwise storable for project purposes; or (2) infrequent and otherwise unmanaged flood flows of short duration. (b) Waiver of payment for temporary water supplies The Secretary shall have the authority to waive payments for a supply of water described in subsection (a). ( Pub. L. 97293, title II,  215 Oct. 12, 1982 96 Stat. 1270  Editorial Notes  References in Text Federal reclamation law, referred to in subsec. (a), is defined in section 390aa of this title  390pp. Involuntary foreclosure  Neither the ownership limitations of this subchapter nor the ownership limitations of any other provision of Federal reclamation law shall apply to lands when the lands are acquired by involuntary foreclosure, or similar involuntary process of law, by bona fide conveyance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), by inheritance, or by devise: Provided Provided further Provided further section 390ee of this title section 390ee of this title ( Pub. L. 97293, title II,  216 Oct. 12, 1982 96 Stat. 1270  Editorial Notes  References in Text Federal reclamation law, referred to in text, is defined in section 390aa of this title  390qq. Isolated tracts  Neither the ownership limitations of this subchapter nor the ownership limitations of any other provision of Federal reclamation law shall apply to lands which are isolated tracts found by the Secretary to be economically farmable only if they are included in a larger farming operation but which may, as a result of their inclusion in that operation, cause it to exceed such ownership limitations. ( Pub. L. 97293, title II,  217 Oct. 12, 1982 96 Stat. 1270  Editorial Notes  References in Text Federal reclamation law, referred to in text, is defined in section 390aa of this title  390rr. Central Arizona Project  Lands receiving irrigation water pursuant to a contract with the Secretary as authorized under title III of the Colorado River Basin Project Act ( 82 Stat. 887 43 U.S.C. 1521 October 12, 1982 ( Pub. L. 97293, title II,  218 Oct. 12, 1982 96 Stat. 1271  Editorial Notes  References in Text The Colorado River Basin Project Act, referred to in text, is Pub. L. 90537 Sept. 30, 1968 82 Stat. 885 section 1501 of this title Federal reclamation law, referred to in text, is defined in section 390aa of this title  390ss. Religious or charitable organizations An individual religious or charitable entity or organization (including but not limited to a congregation, parish, school, ward, or chapter) which is exempt from taxation under section 501 of the Internal Revenue Code of 1986, as amended ( 26 U.S.C. 501 (1) the agricultural produce and the proceeds of sales of such produce are directly used only for charitable purposes; (2) said land is operated by said individual religious or charitable entity or organization (or subdivisions thereof); and (3) no part of the net earnings of such religious or charitable entity or organization (or subdivision thereof) shall inure to the benefit of any private shareholder or individual. ( Pub. L. 97293, title II,  219 Oct. 12, 1982 96 Stat. 1271 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095  Editorial Notes Amendments 1986 Pub. L. 99514  390tt. Contract required  Irrigation water temporarily made available from reclamation facilities in excess of ordinary quantities not otherwise storable for project purposes or at times when such irrigation water would not have been available without the operations of those facilities, may be used for irrigation, municipal, or industrial purposes only to the extent covered by a contract requiring payment for the use of such irrigation water, executed in accordance with the Reclamation Project Act of 1939 [ 43 U.S.C. 485 ( Pub. L. 97293, title II,  220 Oct. 12, 1982 96 Stat. 1271  Editorial Notes  References in Text The Reclamation Project Act of 1939, referred to in text, is act Aug. 4, 1939, ch. 418 53 Stat. 1187 section 485k of this title Federal reclamation law, referred to in text, is defined in section 390aa of this title  390uu. Waiver of sovereign immunity  Consent is given to join the United States as a necessary party defendant in any suit to adjudicate, confirm, validate, or decree the contractual rights of a contracting entity and the United States regarding any contract executed pursuant to Federal reclamation law. The United States, when a party to any suit, shall be deemed to have waived any right to plead that it is not amenable thereto by reason of its sovereignty, and shall be subject to judgments, orders, and decrees of the court having jurisdiction, and may obtain review thereof, in the same manner and to the same extent as a private individual under like circumstances. Any suit pursuant to this section may be brought in any United States district court in the State in which the land involved is situated. ( Pub. L. 97293, title II,  221 Oct. 12, 1982 96 Stat. 1271  Editorial Notes  References in Text Federal reclamation law, referred to in text, is defined in section 390aa of this title  390vv. Excess crop restrictions (a) Report to Congress on production of surplus crops on acreage served by irrigation water Within one year of October 12, 1982 (1) data delineating the production of surplus crops on lands served by irrigation water; (2) the percentage of participation of farms served by irrigation water in set-aside programs, by acreage, crop, and State; (3) the feasibility and appropriateness of requiring the participation in acreage set-aside programs of farms served by irrigation water and the costs of such a requirement; and (4) any recommendations concerning how to coordinate national reclamation policy with agriculture policy to help alleviate recurring problems of surplus crops and low commodity prices. (b) Restrictions prohibiting delivery of irrigation water for production of excess basic agricultural commodities In addition, notwithstanding any other provision of law, in the case of any Federal reclamation project authorized before October 12, 1982 ( Pub. L. 97293, title II,  222 Oct. 12, 1982 96 Stat. 1272  390ww. Administrative provisions (a) Existing Federal reclamation law The provisions of Federal reclamation law shall remain in full force and effect, except to the extent such law is amended by, or is inconsistent with, this subchapter. (b) Existing statutory exemptions from ownership or pricing limitations of Federal reclamation law Nothing in this subchapter shall repeal or amend any existing statutory exemptions from the ownership or pricing limitations of Federal reclamation law. (c) Regulations; collection of necessary data The Secretary may prescribe regulations and shall collect all data necessary to carry out the provisions of this subchapter and other provisions of Federal reclamation law. (d) Omitted (e) Sale of nonexcess land acquired into excess status pursuant to involuntary process of law, etc. Any nonexcess land which is acquired into excess status pursuant to involuntary foreclosure or similar involuntary process of law, conveyance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), inheritance, or devise, may be sold at its fair market value without regard to any other provision of this subchapter or to section 423e of this title Provided (f) Omitted (g) Annual audit of compliance with reclamation laws In addition to any other audit or compliance activities which may otherwise be undertaken, the Secretary of the Interior, or his designee, shall conduct a thorough audit of the compliance with the reclamation law of the United States, specifically including this subchapter, by legal entities and individuals subject to such law. At a minimum, the Secretary shall complete audits of those legal entities and individuals whose landholdings or operations exceed 960 acres within 3 years. (h) Recordable contracts executed prior to October 12, 1982 The provisions of section 390ee(c) of this title October 12, 1982 Provided section 390ee(c) of this title December 22, 1987 (i) Collection of underpayment with interest for irrigation water When the Secretary finds that any individual or legal entity subject to reclamation law, including this subchapter, has not paid the required amount for irrigation water delivered to a landholding pursuant to reclamation law, including this subchapter, he shall collect the amount of any underpayment with interest accruing from the date the required payment was due until paid. The interest rate shall be determined by the Secretary of the Treasury on the basis of the weighted average yield of all interest bearing marketable issues sold by the Treasury during the period of underpayment. ( Pub. L. 97293, title II,  224 Oct. 12, 1982 96 Stat. 1272 Pub. L. 100203, title V,  5302(a) Dec. 22, 1987 101 Stat. 1330268 Pub. L. 103437,  16(a)(3) Nov. 2, 1994 108 Stat. 4594 Pub. L. 10466, title I,  1081(d) Dec. 21, 1995 109 Stat. 721  Editorial Notes  References in Text The Federal reclamation law, referred to in subsecs. (a) to (c), is defined in section 390aa of this title This subchapter, referred to in subsecs. (a) to (c) and (e), was in the original this title, meaning title II ( 201230) of Pub. L. 97293 Oct. 12, 1982 96 Stat. 1263 section 383 of Title 25 This subchapter, referred to in subsecs. (g) and (i), was in the original this Act and was translated as reading this title. See note above. Codification Section is comprised of section 224 of Pub. L. 97293 section 425 of this title section 383 of Title 25 section 385 of Title 25 Amendments 1995Subsec. (g). Pub. L. 10466 1994Subsec. (g). Pub. L. 103437 1987Subsecs. (g) to (i). Pub. L. 100203  390xx. Validation of contracts entered into prior to October 1, 1981  The provisions of any contract entered into prior to October 1, 1981 ( Pub. L. 97293, title II,  225 Oct. 12, 1982 96 Stat. 1273  390yy. Leasing requirements Notwithstanding any other provision of Federal reclamation law, including this subchapter, lands which receive irrigation water may be leased only if the lease instrument is (1) written; and (2) for a term not to exceed ten years, including any exercisable options: Provided, however ( Pub. L. 97293, title II,  227 Oct. 12, 1982 96 Stat. 1273  Editorial Notes  References in Text Federal reclamation law, referred to in text, is defined in section 390aa of this title  390zz. Reporting  Any contracting entity subject to the ownership or pricing limitations of Federal reclamation law shall compile and maintain such records and information as the Secretary deems reasonably necessary to implement this subchapter and Federal reclamation law. On a date set by the Secretary following October 12, 1982 ( Pub. L. 97293, title II,  228 Oct. 12, 1982 96 Stat. 1274  Editorial Notes  References in Text Federal reclamation law, referred to in text, is defined in section 390aa of this title  390zz1. Severability  If any provision of this subchapter or the applicability thereof to any person or circumstances is held invalid, the remainder of this subchapter and the application of such provision to other persons or circumstances shall not be affected thereby. ( Pub. L. 97293, title II,  230 Oct. 12, 1982 96 Stat. 1274  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this title, meaning title II ( 201230) of Pub. L. 97293 Oct. 12, 1982 96 Stat. 1263 section 383 of Title 25 SUBCHAPTER II RECLAMATION FUND GENERALLY  391. Establishment of reclamation fund  All moneys received from the sale and disposal of public lands in Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, beginning with the fiscal year ending June 30, 1901 The provisions of the Act entitled An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands, approved June seventeenth, nineteen hundred and two, be, and the same are hereby, extended so as to include and apply to the State of Texas, American Samoa, Guam, the Northern Mariana Islands and the Virgin Islands.. 1 1 ( June 17, 1902, ch. 1093,  1 32 Stat. 388 June 12, 1906, ch. 3288 34 Stat. 259 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100 Pub. L. 99396,  17 Aug. 27, 1986 100 Stat. 843  Editorial Notes  References in Text This Act, referred to in first par., and the Act entitled An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands, approved June seventeenth, nineteen hundred and two, referred to in second par., are act June 17, 1902 section 371 of this Title Codification The first paragraph of this section is comprised of act June 17, 1902 June 12, 1906 Amendments 1986 Pub. L. 99396 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 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 64 Stat. 1262 section 1451 of this title Words officers designated by the Secretary of the Interior substituted for registers on authority of section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title Mar. 3, 1925 Oct. 28, 1921  391a. Advances to reclamation fund  The Secretary of the Treasury is authorized, upon request of the Secretary of the Interior and upon approval of the President, to transfer from time to time to the credit of the reclamation fund created by section 391 of this title June 17, 1902 32 Stat. 388 March 3, 1931 ( Mar. 3, 1931, ch. 435,  1 46 Stat. 1507  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title  391a1. Increase in reclamation fund; reimbursement of advances from Treasury  The Secretary of the Treasury is authorized and directed to transfer to the credit of the reclamation fund, created by section 391 of this title February 25, 1920 June 30, 1938 ( May 9, 1938, ch. 187 52 Stat. 322  Editorial Notes  References in Text Sections 391b and 399 of this title, referred to in text, contained provisions similar to those comprising this section, and were omitted from the Code.  391b. Omitted  Editorial Notes Codification Section, act Mar. 3, 1931, ch. 435,  2 46 Stat. 1507 section 391a of this title section 391a1 of this title  392. Payments into reclamation fund of moneys received from entrymen and water right applicants  All moneys received from entrymen or applicants for water rights shall be paid into the reclamation fund. ( June 17, 1902, ch. 1093,  5 32 Stat. 389  Editorial Notes Codification Section is comprised of fourth sentence of section 5 of act June 17, 1902 section 476 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  392a. Payment into reclamation fund of receipts from irrigation projects; transfer of power revenues to General Treasury after repayment of construction costs  All moneys received by the United States in connection with any irrigation projects, including the incidental power features thereof, constructed by the Secretary of the Interior through the Bureau of Reclamation, and financed in whole or in part with moneys heretofore or hereafter appropriated or allocated therefor by the Federal Government, shall be covered into the reclamation fund, except in cases where provision has been made by law or contract for the use of such revenues for the benefit of users of water from such project: Provided Provided further 45 Stat. 1057 43 U.S.C. 617 ( May 9, 1938, ch. 187 52 Stat. 322  Editorial Notes  References in Text The Boulder Canyon Project Act ( 45 Stat. 1057 act Dec. 21, 1928, ch. 42 45 Stat. 1057 section 617t 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 64 Stat. 1262 section 1451 of this title  393. Proceeds from sale of materials, etc.  There shall be covered into the reclamation fund the proceeds of the sales of material utilized for temporary work and structures in connection with the operations under the Act of June 17, 1902 ( Mar. 3, 1905, ch. 1459 33 Stat. 1032  Editorial Notes  References in Text Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title  394. Proceeds from sale of products of or leases of withdrawn or reserved lands  The proceeds heretofore or hereafter received from the lease of any lands reserved or withdrawn under the reclamation law or from the sale of the products therefrom shall be covered into the reclamation fund; and where such lands are affected by a reservation or withdrawal under some other law, the proceeds from the lease of land and the sale of products therefrom shall likewise be covered into the reclamation fund in all cases where such lands are needed for the protection or operation of any reservoir or other works constructed under the reclamation law, and such lands shall be and remain under the jurisdiction of the Secretary of the Interior. ( July 19, 1919, ch. 24 41 Stat. 202  Editorial Notes  References in Text The reclamation law, referred to in text, is identified in act July 19, 1919, ch. 24 41 Stat. 200 reclamation service act June 17, 1902, ch. 1093 32 Stat. 388 June 17, 1902 June 17, 1902 section 371 of this title  395. Contributions by State, municipality, etc.  All moneys received after March 4, 1921 ( Mar. 4, 1921, ch. 161 41 Stat. 1404  Editorial Notes  References in Text The reclamation law, referred to in text, is identified in act Mar. 4, 1921, ch. 161 41 Stat. 1402 reclamation service act June 17, 1902, ch. 1093 32 Stat. 388 June 17, 1902 June 17, 1902 section 371 of this title  396. Return of contributions to cooperative investigations of projects  On and after December 25, 1924 ( Dec. 5, 1924, ch. 4,  1 43 Stat. 685  397. Advances by Government for completion of projects initiated prior to June 25, 1910  To enable the Secretary of the Interior to complete Government reclamation projects begun prior to June 25, 1910 June 25, 1910 section 391 of this title June 25, 1910 Provided And provided further And provided further June 25, 1910 June 25, 1910 ( June 25, 1910, ch. 407,  1 36 Stat. 835  397a. Advances for operation and maintenance of projects  Any moneys which may have been heretofore or may be hereafter advanced for operation and maintenance of any project or any division of a project shall be covered into the reclamation fund and shall be available for expenditure for the purposes for which advanced in like manner as if said funds had been specifically appropriated for said purposes. ( Jan. 12, 1927, ch. 27 44 Stat. 957  398. Sales of Government certificates to obtain funds for advances  For the purpose of providing the Treasury with funds for the advances to the reclamation fund, provided for in section 397 of this title ( June 25, 1910, ch. 407,  2 36 Stat. 835  399. Omitted  Editorial Notes Codification Section, acts June 25, 1910, ch. 407,  3 36 Stat. 836 June 12, 1917, ch. 27 40 Stat. 149 section 391a1 of this title  400. Advances as item of cost of construction and maintenance of project  All money placed to the credit of the reclamation fund in pursuance of sections 397 and 398 to 400, of this title shall be devoted exclusively to the completion of work on reclamation projects begun prior to June 25, 1910 ( June 25, 1910, ch. 407,  4 36 Stat. 836  Editorial Notes  References in Text Section 399 of this title section 391a1 of this title Codification Section is comprised of first clause of section 4 of act June 25, 1910 section 413 of this title  401. Amounts collected from defaulting contractors and their sureties  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  402. Omitted  Editorial Notes Codification Section, acts Apr. 1, 1932, ch. 95,  10 47 Stat. 78 Mar. 3, 1933, ch. 200,  2 47 Stat. 1427 section 391a1 of this title  403, 404. Repealed. June 30, 1947, ch. 166 61 Stat. 208   Section 403, acts May 12, 1933, ch. 25 48 Stat. 49 June 16, 1933, ch. 101,  19 48 Stat. 308 June 19, 1934, ch. 653,  11 48 Stat. 1110 June 27, 1934, ch. 851 48 Stat. 1269  Section 404, act May 12, 1933, ch. 25, title II,  37 48 Stat. 50 SUBCHAPTER IIA RECLAMATION WATER SETTLEMENTS FUND  407. Reclamation Water Settlements Fund (a) Establishment There is established in the Treasury of the United States a fund, to be known as the Reclamation Water Settlements Fund, consisting of (1) such amounts as are deposited to the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund under subsection (d). (b) Deposits to Fund (1) In general For each of fiscal years 2020 through 2029, the Secretary of the Treasury shall deposit in the Fund, if available, $120,000,000 of the revenues that would otherwise be deposited for the fiscal year in the fund established by section 391 of this title (2) Availability of amounts Amounts deposited in the Fund under paragraph (1) shall be made available pursuant to this section (A) without further appropriation; and (B) in addition to amounts appropriated pursuant to any authorization contained in any other provision of law. (c) Expenditures from Fund (1) In general (A) Expenditures Subject to subparagraph (B), for each of fiscal years 2020 through 2034, the Secretary may expend from the Fund an amount not to exceed $120,000,000, plus the interest accrued in the Fund, for the fiscal year in which expenditures are made pursuant to paragraphs (2) and (3). (B) Additional expenditures The Secretary may expend more than $120,000,000 for any fiscal year if such amounts are available in the Fund due to expenditures not reaching $120,000,000 for prior fiscal years. (2) Authority The Secretary may expend money from the Fund to implement a settlement agreement approved by Congress that resolves, in whole or in part, litigation involving the United States, if the settlement agreement or implementing legislation requires the Bureau of Reclamation to provide financial assistance for, or plan, design, and construct (A) water supply infrastructure; or (B) a project (i) to rehabilitate a water delivery system to conserve water; or (ii) to restore fish and wildlife habitat or otherwise improve environmental conditions associated with or affected by, or located within the same river basin as, a Federal reclamation project that is in existence on March 30, 2009 (3) Use for completion of project and other settlements (A) Priorities (i) First priority (I) In general The first priority for expenditure of amounts in the Fund during the entire period in which the Fund is in existence shall be for the purposes described in, and in the order of, clauses (i) through (iv) of subparagraph (B). (II) Reserved amounts The Secretary shall reserve and use amounts deposited into the Fund in accordance with subclause (I). (ii) Other purposes Any amounts in the Fund that are not needed for the purposes described in subparagraph (B) may be used for other purposes authorized in paragraph (2). (B) Completion of project (i) Navajo-Gallup water supply project (I) In general Subject to subclause (II), effective beginning January 1, 2020 1 1 1 (II) Maximum amount (aa) In general Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $500,000,000 for the period of fiscal years 2020 through 2029. (bb) Exception The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clauses (ii) through (iv). (ii) Other New Mexico settlements (I) In general Subject to subclause (II), effective beginning January 1, 2020 (II) Maximum amount The amount expended under subclause (I) shall not exceed $250,000,000. (iii) Montana settlements (I) In general Subject to subclause (II), effective beginning January 1, 2020 (II) Maximum amount (aa) In general Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $350,000,000 for the period of fiscal years 2020 through 2029. (bb) Exception The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clause (i), (ii), and (iv). (cc) Other funding The Secretary shall ensure that any funding under this clause shall be provided in a manner that does not limit the funding available pursuant to clauses (i) and (ii). (iv) Arizona settlement (I) In general Subject to subclause (II), effective beginning January 1, 2020 (II) Maximum amount (aa) In general Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $100,000,000 for the period of fiscal years 2020 through 2029. (bb) Exception The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clauses (i) through (iii). (cc) Other funding The Secretary shall ensure that any funding under this clause shall be provided in a manner that does not limit the funding available pursuant to clauses (i) and (ii). (C) Reversion If the settlements described in clauses (ii) through (iv) of subparagraph (B) have not been approved and authorized by an Act of Congress by December 31, 2019 (d) Investment of amounts (1) In general The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. (2) Credits to Fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund. (e) Transfers of amounts (1) In general The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (f) Termination On September 30, 2034 (1) the Fund shall terminate; and (2) the unexpended and unobligated balance of the Fund shall be transferred to the appropriate fund of the Treasury. ( Pub. L. 11111, title X,  10501 Mar. 30, 2009 123 Stat. 1375  Editorial Notes  References in Text Section 10701(e)(1)(A)(ix), referred to in subsec. (c)(3)(B)(i)(I), is section 10701(e)(1)(A)(ix) of Pub. L. 11111 section 620 of this title Section 10609(a), referred to in subsec. (c)(3)(B)(i)(I), is section 10609(a) of title X of Pub. L. 11111 Mar. 30, 2009 123 Stat. 1395 Statutory Notes and Related Subsidiaries Compliance With Environmental Laws Pub. L. 11111, title X,  10303 Mar. 30, 2009 123 Stat. 1370  (a)  Effect of Execution of Agreement The execution of the Agreement under section 10701(a)(2) [ 43 U.S.C. 620 42 U.S.C. 4321 (b)  Compliance With Environmental Laws In carrying out this subtitle [subtitle B ( 1030110704) of title X of Pub. L. 11111 (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531  Definitions Pub. L. 11111, title X,  10302 Mar. 30, 2009 123 Stat. 1367 Pub. L. 11457,  2(a) Sept. 30, 2015 129 Stat. 528  In this subtitle [subtitle B ( 1030110704) of title X of Pub. L. 11111 section 620n1 of this title o section 615jj of this title (1)  Aamodt adjudication The term Aamodt adjudication means the general stream adjudication that is the subject of the civil action entitled State of New Mexico, ex rel. State Engineer and United States of America, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque v. R. Lee Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.). (2)  Abeyta adjudication The term Abeyta adjudication means the general stream adjudication that is the subject of the civil actions entitled State of New Mexico v. Abeyta and State of New Mexico v. Arellano, Civil Nos. 7896BB (D.N.M) and 7939BB (D.N.M.) (consolidated). (3)  Acre-feet The term acre-feet means acre-feet per year. (4)  Agreement The term Agreement means the agreement among the State of New Mexico, the Nation, and the United States setting forth a stipulated and binding agreement signed by the State of New Mexico and the Nation on April 19, 2005 (5)  Allottee The term allottee means a person that holds a beneficial real property interest in a Navajo allotment that (A) is located within the Navajo Reservation or the State of New Mexico; (B) is held in trust by the United States; and (C) was originally granted to an individual member of the Nation by public land order or otherwise. (6)  Animas-la plata project The term Animas-La Plata Project has the meaning given the term in section 3 of Public Law 100585 102 Stat. 2973 Public Law 106554 114 Stat. 2763 (7)  City The term City means the city of Gallup, New Mexico, or a designee of the City, with authority to provide water to the Gallup, New Mexico service area. (8)  Colorado river compact The term Colorado River Compact means the Colorado River Compact of 1922 as approved by Congress in the Act of December 21, 1928 45 Stat. 1057 June 25, 1929 46 Stat. 3000 (9)  Colorado river system The term Colorado River System has the same meaning given the term in Article II(a) of the Colorado River Compact. (10)  Compact The term Compact means the Upper Colorado River Basin Compact as consented to by the Act of April 6, 1949 63 Stat. 31 (11)  Contract The term Contract means the contract between the United States and the Nation setting forth certain commitments, rights, and obligations of the United States and the Nation, as described in paragraph 6.0 of the Agreement. (12)  Depletion The term depletion means the depletion of the flow of the San Juan River stream system in the State of New Mexico by a particular use of water (including any depletion incident to the use) and represents the diversion from the stream system by the use, less return flows to the stream system from the use. (13)  Draft impact statement The term Draft Impact Statement means the draft environmental impact statement prepared by the Bureau of Reclamation for the Project dated March 2007. (14)  Fund The term Fund means the Reclamation Waters Settlements Fund established by section 10501(a) [ 43 U.S.C. 407(a) (15)  Hydrologic determination The term hydrologic determination means the hydrologic determination entitled Water Availability from Navajo Reservoir and the Upper Colorado River Basin for Use in New Mexico, prepared by the Bureau of Reclamation pursuant to section 11 of the Act of June 13, 1962 Public Law 87483 76 Stat. 99 43 U.S.C. 615ss May 23, 2007 (16)  Lower basin The term Lower Basin has the same meaning given the term in Article II(g) of the Colorado River Compact. (17)  Nation The term Nation means the Navajo Nation, a body politic and federally-recognized Indian nation as provided for in section 101(2) [102(2)] of the Federally Recognized Indian Tribe List [Act] of 1994 ( 25 U.S.C. 497a(2) 25 U.S.C. 5130(2) (18)  Navajo-gallup water supply project; project The term Navajo-Gallup Water Supply Project or Project means the Navajo-Gallup Water Supply Project authorized under section 10602(a) [ 123 Stat. 1379 (19)  Navajo indian irrigation project The term Navajo Indian Irrigation Project means the Navajo Indian irrigation project authorized by section 2 of Public Law 87483 76 Stat. 96 43 U.S.C. 615jj (20)  Navajo reservoir The term Navajo Reservoir means the reservoir created by the impoundment of the San Juan River at Navajo Dam, as authorized by the Act of April 11, 1956 43 U.S.C. 620 (21)  Navajo nation municipal pipeline; pipeline The term Navajo Nation Municipal Pipeline or Pipeline means the pipeline used to convey the water of the Animas-La Plata Project of the Navajo Nation from the City of Farmington, New Mexico, to communities of the Navajo Nation located in close proximity to the San Juan River Valley in the State of New Mexico (including the City of Shiprock), as authorized by section 15(b) of the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100585 102 Stat. 2973 114 Stat. 2763 (22)  Non-navajo irrigation districts The term Non-Navajo Irrigation Districts means (A) the Hammond Conservancy District; (B) the Bloomfield Irrigation District; and (C) any other community ditch organization in the San Juan River basin in the State of New Mexico. (23)  Partial final decree The term Partial Final Decree means a final and binding judgment and decree entered by a court in the stream adjudication, setting forth the rights of the Nation to use and administer waters of the San Juan River Basin in New Mexico, as set forth in Appendix 1 of the Agreement. (24)  Project participants The term Project Participants means the City, the Nation, and the Jicarilla Apache Nation. (25)  San juan river basin recovery implementation program The term San Juan River Basin Recovery Implementation Program means the intergovernmental program established pursuant to the cooperative agreement dated October 21, 1992 (26)  Secretary The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation or any other designee. (27)  Stream adjudication The term stream adjudication means the general stream adjudication that is the subject of New Mexico v. United States, et al., No. 75184 (11th Jud. Dist., San Juan County, New Mexico) (involving claims to waters of the San Juan River and the tributaries of that river). (28)  Supplemental partial final decree The term Supplemental Partial Final Decree means a final and binding judgment and decree entered by a court in the stream adjudication, setting forth certain water rights of the Nation, as set forth in Appendix 2 of the Agreement. (29)  Trust fund The term Trust Fund means the Navajo Nation Water Resources Development Trust Fund established by section 10702(a) [ 123 Stat. 1402 (30)  Upper basin The term Upper Basin has the same meaning given the term in Article II(f) of the Colorado River Compact. SUBCHAPTER III INSTITUTION AND CONSTRUCTION OF PROJECTS  411. Surveys for, location, and construction of irrigation works generally  The Secretary of the Interior is authorized and directed to make examinations and surveys for, and to locate and construct, as herein provided, irrigation works for the storage, diversion, and development of waters, including artesian wells. ( June 17, 1902, ch. 1093,  2 32 Stat. 388 Aug. 7, 1946, ch. 770,  1(7) 60 Stat. 867  Editorial Notes  References in Text Herein, referred to in text, means in act June 17, 1902 June 17, 1902 section 371 of this title Prior Provisions Provisions similar to those in this section were contained in acts Mar. 2, 1889, ch. 411,  1 25 Stat. 960 Oct. 2, 1888, ch. 1069,  1 25 Stat. 526 Amendments 1946Act Aug. 7, 1946 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  411a. Repealed. Feb. 28, 1929, ch. 374,  2 45 Stat. 1406   Section, act June 28, 1926, ch. 704 44 Stat. 776  411a1. Authorization of appropriations for investigations of feasibility of reclamation projects  The sum of $125,000 annually is authorized to be appropriated for cooperative and miscellaneous investigations of the feasibility of reclamation projects. ( Feb. 21, 1923, ch. 101 42 Stat. 1281  411b. Employment of engineers, geologists, appraisers and economists for reclamation consultation work; compensation; retired Army and Navy officers as consulting engineers  The Secretary of the Interior is authorized, in his judgment and discretion, to employ for consultation purposes on important reclamation work ten consulting engineers, geologists, appraisers, and economists, at rates of compensation to be fixed by him, but not to exceed $50 per day for any engineer, geologist, appraiser, or economist so employed: Provided Provided further ( Feb. 28, 1929, ch. 374,  1 45 Stat. 1406 Apr. 22, 1940, ch. 125 54 Stat. 148 Dec. 23, 1944, ch. 708 58 Stat. 915 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 652  Editorial Notes Amendments 1966 Pub. L. 89554 1944Act Dec. 23, 1944 1940Act Apr. 22, 1940 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 64 Stat. 1262 section 1451 of this title  412. Prerequisites to initiation of project or division of project  After December 5, 1924 ( Dec. 5, 1924, ch. 4,  4 43 Stat. 702  Statutory Notes and Related Subsidiaries  Definitions The definitions in section 371 of this title  413. Approval of project by President  After June 25, 1910 June 17, 1902 ( June 25, 1910, ch. 407,  4 36 Stat. 836  Editorial Notes  References in Text Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title Codification Section is comprised of second clause of section 4 of act June 25, 1910 section 400 of this title  414. Appropriation for projects essential  Expenditures shall not be made for carrying out the purposes of the reclamation law except out of appropriations made annually by Congress therefor, and there shall annually, in the Budget, be submitted to Congress estimates of the amount of money necessary to be expended for carrying out any or all of the purposes authorized by the reclamation law, including the extension and completion of existing projects and units thereof and the construction of new projects. The annual appropriations made hereunder by Congress for such purposes shall be paid out of the reclamation fund provided for by the reclamation law. ( Aug. 13, 1914, ch. 247,  16 38 Stat. 690  Editorial Notes  References in Text The reclamation law, referred to in text, is defined in section 472 of this title Codification Words there shall annually, in the Budget, be submitted to Congress substituted for the Secretary of the Interior shall annually in the regular Book of Estimates, submit to Congress in view of the Budget and Accounting Act, 1921, act June 10, 1921, ch. 18 42 Stat. 20  415. Receipts applicable to project generally  All moneys heretofore or hereafter refunded or received in connection with operations under the reclamation law, except repayments of construction and operation and maintenance charges, shall be a credit to the appropriation for the project or operation from or on account of which the collection is made and shall be available for expenditure in like manner as if said sum had been specifically appropriated for said project or operation. ( June 12, 1917, ch. 27 40 Stat. 149  Editorial Notes  References in Text The reclamation law, referred to in text, is identified in act June 12, 1917, ch. 27 40 Stat. 147 reclamation service act June 17, 1902, ch. 1093 32 Stat. 388 June 17, 1902 June 17, 1902 section 371 of this title  416. Laws applicable to withdrawn lands; restoration to entry  All lands entered and entries made under the homestead laws within areas so withdrawn during such withdrawal shall be subject to all the provisions, limitations, charges, terms, and conditions of this Act; that said surveys shall be prosecuted diligently to completion, and upon the completion thereof, and of the necessary maps, plans, and estimates of cost, the Secretary of the Interior shall determine whether or not said project is practicable and advisable, and if determined to be impracticable or unadvisable he shall thereupon restore said lands to entry. ( June 17, 1902, ch. 1093,  3 32 Stat. 388 Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792  Editorial Notes  References in Text This Act, referred to in text, is act June 17, 1902 section 371 of this title Said surveys, referred to in text, mean the surveys for contemplated irrigation works authorized by section 411 of this title Codification Section is comprised of part of section 3 of act June 17, 1902 Amendments 1976 Pub. L. 94579 June 17, 1902 section 419 of this title Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Section as Unaffected by Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title  417. Reservation of easements in public lands for reclamation projects  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 1 1 1 1 ( Dec. 5, 1924, ch. 4,  4 43 Stat. 704 July 16, 1946 60 Stat. 1100  Editorial Notes  References in Text Section 438 of this title 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 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 64 Stat. 1262 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  418. Private lands within project; agreement as to disposal of excess over farm unit  Before any contract is let or work begun for the construction of any reclamation project adopted after August 13, 1914 ( Aug. 13, 1914, ch. 247,  12 38 Stat. 689  419. Contract for irrigation project; notice as to lands irrigable, unit of entry, and construction charges  Upon the determination that any irrigation project is practicable, the Secretary of the Interior may cause to be let contracts for the construction of the same, in such portions or sections as it may be practicable to construct and complete as parts of the whole project, providing the necessary funds for such portions or sections are available, and thereupon he shall give public notice of the lands irrigable under such project, and limit of area per entry, which limit shall represent the acreage which, in the opinion of the Secretary, may be reasonably required for the support of a family upon the lands in question; also of the charges which shall be made per acre upon the said entries, and upon lands in private ownership which may be irrigated by the waters of the said irrigation project, and the number of annual installments in which such charges shall be paid and the time when such payments shall commence: Provided ( June 17, 1902, ch. 1093,  4 32 Stat. 389 May 10, 1956, ch. 256 70 Stat. 151  Editorial Notes Codification Section is comprised of part of section 4 of act June 17, 1902 section 461 of this title Amendments 1956Act May 10, 1956 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  420. Use of earth, timber, etc., from other public lands  In carrying out the provisions of the national irrigation law approved June 17, 1902 ( Feb. 8, 1905, ch. 552 33 Stat. 706 Mar. 4, 1907, ch. 2907 34 Stat. 1269  Editorial Notes  References in Text The national irrigation law approved June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title Codification Act Mar. 4, 1907  421. Acquisition of lands for irrigation project; eminent domain  Where, in carrying out the provisions of this Act, it becomes necessary to acquire any rights or property, the Secretary of the Interior is authorized to acquire the same for the United States by purchase or by condemnation under judicial process, and to pay from the reclamation fund the sums which may be needed for that purpose, and it shall be the duty of the Attorney General of the United States upon every application of the Secretary of the Interior, under this Act, to cause proceedings to be commenced for condemnation within thirty days from the receipt of the application at the Department of Justice. ( June 17, 1902, ch. 1093,  7 32 Stat. 389  Editorial Notes  References in Text This Act, referred to in text, is act June 17, 1902 section 371 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  421a. Construction of distribution and drainage systems by irrigation districts or public agencies  Distribution and drainage systems authorized to be constructed under the Federal reclamation laws may, in lieu of construction by the Secretary of the Interior (referred to in sections 421a to 421h of this title as the Secretary), be constructed by irrigation districts or other public agencies according to plans and specifications approved by the Secretary as provided in sections 421a to 421h of this title. The drainage systems referred to in sections 421a to 421h of this title are those required for collection and removal of excess irrigation water, either on or below the surface of the ground and do not include enlargement or alteration of existing waterways for disposition or natural runoff. ( July 4, 1955, ch. 271,  1 69 Stat. 244 Pub. L. 92487 Oct. 13, 1972 86 Stat. 804  Editorial Notes Amendments 1972 Pub. L. 92487  421b. Loans for construction of distribution and drainage systems; repayment contract; time period for repayment of loan; irrigation district or other public agency defined  To assist financially in the construction of the aforesaid local distribution and drainage systems by irrigation districts and other public agencies the Secretary is authorized, on application therefor by such irrigation districts or other public agencies, to make funds available on a loan basis from moneys appropriated for the construction of such distribution and drainage systems to any irrigation district or other public agency in an amount equal to the estimated construction cost of such system, contingent upon a finding by the Secretary that the loan can be returned to the United States in accordance with the general repayment provisions of sections 485a(d) and 485h(d) of this title and upon a showing that such district or agency already holds or can acquire all lands and interests in land (except public and other lands or interests in land owned by the United States which are within the administrative jurisdiction of the Secretary and subject to disposition by him) necessary for the construction, operation, and maintenance of the project. The Secretary shall, upon approval of a loan, including any loan for a distribution and drainage system receiving water from the San Luis unit, Central Valley project, authorized by the Act of June 3, 1960 74 Stat. 156 ( July 4, 1955, ch. 271,  2 69 Stat. 245 Pub. L. 92487 Oct. 13, 1972 86 Stat. 804  Editorial Notes  References in Text Act of June 3, 1960 Pub. L. 86488 June 3, 1960 74 Stat. 156 Amendments 1972 Pub. L. 92487 Statutory Notes and Related Subsidiaries Sale of Bureau of Reclamation Loans Pub. L. 100203, title V,  5301 Dec. 22, 1987 101 Stat. 1330268  (a)  Sale The Secretary of the Interior (hereinafter in this section referred to as the Secretary), under such terms as the Secretary shall prescribe, shall sell or otherwise dispose of loans made pursuant to the Distribution System Loans Act ( 43 U.S.C. 421a421d 43 U.S.C. 421a 43 U.S.C. 422a422 l 43 U.S.C. 422a 43 U.S.C. 504505 43 U.S.C. 504 September 30, 1988 (b)  Savings Provisions Nothing in this section, including the prepayment or other disposition of any loan or loans, shall (1) except to the extent that prepayment may have been authorized heretofore, relieve the borrower from the application of the provisions of Federal Reclamation law (Act of June 17, 1902 32 Stat. 388 section 371 of this title 43 U.S.C. 390aa (2) authorize the transfer of title to any federally owned facilities funded by the loans specified in subsection (a) of this section without a specific Act of Congress. (c)  Fees and Expenses of Program Proceeds from the conduct of the program authorized by this section shall be first used to pay the fees and expenses of such program and the net proceeds shall be deposited in the Treasury of the United States as miscellaneous receipts. (d)  Termination The authority granted by this section to sell or otherwise dispose of loans shall terminate on December 31, 1988  421c. Conditions of loan for distribution and drainage systems; reconveyance by Secretary of lands, interests in lands, and distribution works heretofore conveyed to the United States; conditions of reconveyance; rights of way  The Secretary shall require, as conditions to any such loan, that the borrower contribute in money or materials, labor, lands, or interests in land, computed at their reasonable value, a portion not in excess of 10 per centum, of the construction cost of the distribution and drainage system (including all costs of acquiring lands and interests in land), that the plans for the system be in accord with sound engineering practices and be such as will achieve the purposes for which the system was authorized, and that the borrower agree to account in full in regard to all disbursements of borrowed funds and to return at once for application toward amortization of the loan all funds which are not expended in the construction of the distribution and drainage system. Every organization contracting for repayment of a loan under sections 421a to 421h of this title shall operate and maintain its distribution and drainage works in conformity with reasonable contractual requirements determined to be appropriate for the protection of the United States. The Secretary is hereby authorized to reconvey to borrowers all lands or interests in lands and distribution works transferred to the United States under the provisions of sections 421a to 421h of this title: Provided 1 1 section 8124 of title 38 1 Provided ( July 4, 1955, ch. 271,  3 69 Stat. 245 May 14, 1956, ch. 268 70 Stat. 155 Pub. L. 92487 Oct. 13, 1972 86 Stat. 804 Pub. L. 10240, title IV,  402(d)(2) May 7, 1991 105 Stat. 239  Editorial Notes  References in Text The references in text to section 79 of title 16 section 959 of this title February 15, 1901 31 Stat. 790 16 U.S.C. 79 43 U.S.C. 959 act of Feb. 15, 1901, ch. 372 section 959 of Title 43 section 100902(a) of Title 54 Pub. L. 113287 Dec. 19, 2014 128 Stat. 3094 Codification  Section 8124 of title 38 section 5024 of title 38 section 5014 of title 38 section 5014 of title 38 Pub. L. 9622, title III,  301(b)(1) June 13, 1979 93 Stat. 61 section 5014 of title 38 section 11i of title 38 Pub. L. 85857,  5(a) Sept. 2, 1958 72 Stat. 1281 Amendments 1991 Pub. L. 10240 section 8124 of title 38 section 5024 of title 38 1972 Pub. L. 92487 1956Act May 14, 1956  421d. Effect on existing laws  Except as otherwise provided in sections 421a to 421h of this title, the provisions of the Federal reclamation laws, and Acts amendatory thereto, are continued in full force and effect. ( July 4, 1955, ch. 271,  4 69 Stat. 245 Pub. L. 92487 Oct. 13, 1972 86 Stat. 805  Editorial Notes Amendments 1972 Pub. L. 92487  421e. Municipal and industrial water supply delivery and distribution; allocation of loan funds; loan repayment contract requirements; rate of interest  Unless otherwise provided in the Act authorizing construction of the project, the delivery and distribution of municipal and industrial water supplies shall be deemed to be an authorized project purpose under sections 421a to 421h of this title, and where appropriate, an allocation of loan funds acceptable to the Secretary shall be made between irrigation and municipal and industrial purposes. Loan repayment contracts shall require that the borrower pay interest on that portion of the unamortized loan obligation (including interest during construction) allocated in each year to municipal and industrial purposes at the rate provided in the Act authorizing the project, or absent such an authorized rate, at a rate determined by the Secretary of the Treasury as of the beginning of the fiscal year in which the contract, or contract amendment entered into pursuant to section 421f of this title ( July 4, 1955, ch. 271,  5 Pub. L. 92487 Oct. 3, 1972 86 Stat. 805  421f. Existing loan contracts; negotiation by Secretary of amendments  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 Pub. L. 92487 Oct. 13, 1972 86 Stat. 805  421g. Existing rights unaffected  Nothing in sections 421a to 421h of this title shall be construed to repeal or limit the procedural and substantive requirements of sections 372 and 383 of this title. ( July 4, 1955, ch. 271,  7 Pub. L. 92487 Oct. 13, 1972 86 Stat. 806  421h. Procedural and substantive requirements applicable to works financed by loans pursuant to sections 421a to 421h of this title  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 33 U.S.C. 1251 42 U.S.C. 4321 ( July 4, 1955, ch. 271,  8 Pub. L. 92487 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 section 661(a) of Title 16 section 661 of Title 16 The Federal Water Pollution Control Act, as amended, referred to in text, is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of Title 33 The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42  422. Construction of dams across Yellowstone River  Where, in carrying out projects under the provisions of the national reclamation Act it shall be necessary to construct dams in or across the Yellowstone River in the State of Montana, the Secretary of the Interior is hereby authorized to construct and use and operate the same in the manner and for the purposes contemplated by said reclamation Act. ( Mar. 3, 1905, ch. 1476 33 Stat. 1045  Editorial Notes  References in Text The national reclamation Act, referred to in text, probably means act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title SUBCHAPTER IV CONSTRUCTION OF SMALL PROJECTS  422a. Declaration of purpose  The purpose of this subchapter is to encourage State and local participation in the development of projects under the Federal reclamation laws, with emphasis on rehabilitation and betterment of existing projects for purposes of significant conservation of water, energy and the environment and for purpose of water quality control, and to provide for Federal assistance in the development of similar projects in the seventeen western reclamation States by non-Federal organizations. ( Aug. 6, 1956, ch. 972,  1 70 Stat. 1044 Pub. L. 99546, title III,  302 Oct. 27, 1986 100 Stat. 3053  Editorial Notes  References in Text The Federal reclamation laws, referred to in text, are defined in section 422b of this title Amendments 1986 Pub. L. 99546 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Pub. L. 99546, title III,  310 Oct. 27, 1986 100 Stat. 3055 The provisions of Sections 303 and 308 of this title [amending sections 422c and 422h of this title] shall take effect upon enactment of this title [ Oct. 27, 1986 section 422d of this title January 1, 1986 Separability Act Aug. 6, 1956, ch. 972,  12 70 Stat. 1047 If any provisions of this Act [enacting this subchapter] or the application of such provision to any person, organization, or circumstance shall be held invalid, the remainder of the Act and the application of such provision to persons, organizations, or circumstances other than those as to which it is held invalid shall not be affected thereby.  422b. Definitions As used in this subchapter (a) The term construction shall include rehabilitation and betterment. (b) The term Federal reclamation laws shall mean the Act of June 17, 1902 32 Stat. 388 (c) The term organization shall mean a State or a department, agency, or political subdivision thereof or a conservancy district, irrigation district, water users association, an agency created by interstate compact, or similar organization which has capacity to contract with the United States under the Federal reclamation laws. (d) The term project shall mean (i) any complete irrigation project, or (ii) any multiple-purpose water resource project that is authorized or is eligible for authorization under the Federal reclamation laws, or (iii) any distinct unit of a project described in clause (i) and (ii) or (iv) any project for the drainage of irrigated lands, without regard to whether such lands are irrigated with water supplies developed pursuant to the Federal reclamation laws, or (v) any project for the rehabilitation and betterment of a project or distinct unit described in clauses (i), (ii), (iii), and (iv): Provided Provided further (e) The term Secretary shall mean the Secretary of the Interior. (f) The maximum allowable estimated total project cost of a proposal submitted during any given calendar year shall be determined by the Secretary using the Bureau of Reclamation composite construction cost index for January of that year with $15,000,000 as the January 1971 base. ( Aug. 6, 1956, ch. 972,  2 70 Stat. 1044 Pub. L. 89553,  1(1) Sept. 2, 1966 80 Stat. 376 Pub. L. 92167,  1(1) Nov. 24, 1971 85 Stat. 488 Pub. L. 94181,  1(a) Dec. 27, 1975 89 Stat. 1049  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title Amendments 1975Subsec. (d). Pub. L. 94181,  1(a) Subsec. (f). Pub. L. 94181,  1(b) 1971Subsec. (d). Pub. L. 92167 1966Subsec. (d). Pub. L. 89553 Statutory Notes and Related Subsidiaries Retroactive Effect of 1966 Amendment Pub. L. 89553,  2 Sept. 2, 1966 80 Stat. 377 Nothing contained in this Act [amending this section and sections 422d, 422e, 422h, and 422j of this title] shall be applicable to or affect in any way the terms on which any loan or grant has been made prior to the effective date of this Act [ Sept. 2, 1966  422c. Proposals; submission; payment for cost of examination  Any organization desiring to avail itself of the benefits provided in this subchapter shall submit a proposal therefor to the Secretary in such form and manner as he shall prescribe. Each such proposal shall be accompanied by a payment of $5,000 to defray, in part, the cost of examining the proposal. ( Aug. 6, 1956, ch. 972,  3 70 Stat. 1044 Pub. L. 99546, title III,  303 Oct. 27, 1986 100 Stat. 3053  Editorial Notes Amendments 1986 Pub. L. 99546  422d. Contents of proposals (a) Plans and estimates; review by States; allocation of capital costs Any proposal with respect to the construction of a project which has not theretofore been authorized for construction under the Federal reclamation laws shall set forth, among other things, a plan and estimated cost in detail comparable to those included in preauthorization reports required for a Federal reclamation project; shall have been submitted for review by the States of the drainage basin in which the project is located in like manner as provided in section 7011(c) of title 33 (b) Lands and water rights; ownership; financing (1) Every such proposal shall include a showing that the organization already holds or can acquire all lands and interests in land (except public and other lands and interests in land owned by the United States which are within the administrative jurisdiction of the Secretary and subject to disposition by him) and rights, pursuant to applicable State law, to the use of water necessary for the successful construction, operation, and maintenance of the project and that it is ready, able, and willing to finance otherwise than by loan and grant of Federal funds such portion of the cost of the project (which portion shall include all costs of acquiring lands, interests in land, and rights to the use of water), except as provided in section 422e(b)(2) of this title (2) The Secretary shall require each organization to contribute toward the cost of the project (other than by loan and/or grant of Federal funds) an amount equal to 25 percent or more of the allowable estimated cost of the project: Provided Provided further section 422c of this title section 422e(b) of this title (c) Transmittal of findings and approval to Congress; certification of soil survey; reservation of land At such time as a project is found by the Secretary and the Governor of the State in which it is located (or an appropriate State agency designated by him) to be financially feasible, is determined by the Secretary to constitute a reasonable risk under the provisions of this subchapter, and is approved by the Secretary, such findings and approval shall be transmitted to the Congress. Each project proposal transmitted by the Secretary to the Congress shall include a certification by the Secretary that an adequate soil survey and land classification has been made, or that the successful irrigability of those lands and their susceptibility to sustained production of agricultural crops by means of irrigation has been demonstrated in practice. Such proposal shall also include an investigation of soil characteristics which might result in toxic or hazardous irrigation return flows. The Secretary, at the time of submitting the project proposal to Congress or at the time of his determination that the requested project constitutes a reasonable risk under the provisions of this subchapter, may reserve from use or disposition inimical to the project any lands and interests in land owned by the United States which are within his administrative jurisdiction and subject to disposition by him and which are required for use by the project. Any such reservation shall expire at the end of two years unless the contract provided for in section 422e of this title (d) Amount of loan and/or grant; increase by Secretary At the time of his submitting the project proposal to the Congress, or at any subsequent time prior to completion of construction of the project, including projects heretofore approved, the Secretary may increase the amount of the requested loan and/or grant to an amount within the maximum allowed by section 422e(a) of this title Pub. L. 94181 (e) Appropriation; nonapplicability No appropriation shall be made for financial participation in any such project prior to sixty calendar days (which sixty days, however, shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain) from the date on which the Secretarys findings and approval are submitted to the Congress and then only if, within said sixty days, neither the Committee on Natural Resources of the House of Representatives nor the Committee on Energy and Natural Resources of the Senate disapproves the project proposal by committee resolution. The provisions of this subsection (e) shall not be applicable to proposals made under section 422f of this title (f) Consideration of financial feasibility, emergency, or urgent need; jurisdiction and control of project works and facilities The Secretary shall give due consideration to financial feasibility, emergency, or urgent need for the project. All project works and facilities constructed under this subchapter shall remain under the jurisdiction and control of the local contracting organization subject to the terms of the repayment contract. ( Aug. 6, 1956, ch. 972,  4 70 Stat. 1044 Pub. L. 8547,  1(a) June 5, 1957 71 Stat. 48 Pub. L. 89553,  1(2) Sept. 2, 1966 80 Stat. 376 Pub. L. 92167,  1(2) Nov. 24, 1971 85 Stat. 488 Pub. L. 94181,  1(c) Dec. 27, 1975 89 Stat. 1049 Pub. L. 99546, title III Oct. 27, 1986 100 Stat. 3053 Pub. L. 103437,  16(b) Nov. 2, 1994 108 Stat. 4594  Editorial Notes  References in Text The Federal reclamation laws, referred to in subsec. (a), are defined in section 422b of this title For the amendment of section 422e(a) of this title Pub. L. 94181 section 422e of this title Amendments 1994Subsec. (e). Pub. L. 103437 1986Subsec. (b)(1). Pub. L. 99546,  304(a) Subsec. (b)(2). Pub. L. 99546,  304(b) Subsec. (c). Pub. L. 99546,  305 1975Subsec. (d). Pub. L. 94181,  1(c) Subsecs. (e), (f). Pub. L. 94181,  1(d) 1971Subsec. (e). Pub. L. 92167 1966Subsec. (a). Pub. L. 89553,  1(2) Subsec. (b). Pub. L. 89553,  1(3) section 422e(b)(2) of this title 1957Subsec. (c). Pub. L. 8547,  1(a) section 422e of this title Subsecs. (d), (e). Pub. L. 8547,  1(b) Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by sections 304(a) and 305 of Pub. L. 99546 Jan. 1, 1986 section 304(b) of Pub. L. 99546 Aug. 15, 1986 section 310 of Pub. L. 99546 section 422a of this title Retroactive Effect of 1966 Amendment Amendment by Pub. L. 89553 Pub. L. 89553 Sept. 2, 1966 section 2 of Pub. L. 89553 section 422b of this title  422e. Contract requirements Upon approval of any project proposal by the Secretary under the provisions of section 422d of this title (a) the maximum amount of any loan to be made to the organization and the time and method of making the same available to the organization. Said loan shall not exceed the lesser of (1) two-thirds of the maximum allowable estimated total project cost as determined by section 422b(f) of this title section 422d(b) of this title (b) the maximum amount of any grant to be accorded the organization. Said grant shall not exceed the sum of the following: (1) the costs of investigations, surveys, and engineering and other services necessary to the preparation of proposals and plans for the project allocable to fish and wildlife enhancement or public recreation; (2) one-half the costs of acquiring lands or interests therein to serve exclusively the purposes of fish and wildlife enhancement or public recreation, plus the costs of acquiring joint use lands and interests therein properly allocable to fish and wildlife enhancement and public recreation; (3) one-half the costs of basic public outdoor recreation facilities or facilities serving fish and wildlife enhancement purposes exclusively; (4) one-half the costs of construction of joint use facilities properly allocable to fish and wildlife enhancement or public recreation; (5) that portion of the estimated cost of constructing the project which, if it were constructed as a Federal reclamation project, would be properly allocable to functions, other than recreation and fish and wildlife enhancement and flood control, which are nonreimbursable under general provisions of law applicable to such projects; and (6) that portion of the estimated cost of constructing the project which is allocable to flood control and which would be nonreimbursable under general provisions of law applicable to projects constructed by the Secretary of the Army. 1 1 (c) a plan of repayment by the organization of (1) the sums lent to it in not more than forty years from the date when the principal benefits of the project first become available; (2) interest, as determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the contract is executed, on the basis of the average market yields on outstanding marketable obligations of the United States with remaining periods of maturity comparable to the applicable reimbursement period of the project, adjusted to the nearest one-eighth of 1 percent on the unamortized balance of any portion of the loan (A) which is attributable to furnishing irrigation benefits in each particular year to land held in private ownership by a qualified recipient or by a limited recipient, as such terms are defined in section 390bb of this title (B) which is allocated to domestic, industrial, or municipal water supply, commercial power, fish and wildlife enhancement, or public recreation except that portion of such allocation attributable to furnishing benefits to a facility operated by an agency of the United States, which portion shall bear no interest. 1 (d) provision for operation of the project, if a grant predicated upon its performance of nonreimbursable functions is made, in accordance with regulations with respect thereto prescribed by the head of the Federal department or agency primarily concerned with those functions and, in the event of noncompliance with such regulations, for operation by the United States or for repayment to the United States of the amount of any such grant; (e) such provisions as the Secretary shall deem necessary or proper to provide assurance of and security for prompt repayment of the loan and interest as aforesaid. The liability of the United States under any contract entered into pursuant to this subchapter shall be contingent upon the availability of appropriations to carry out the same, and every such contract shall so recite; and (f) provisions conforming to the preference requirements contained in the proviso to section 485h(c) of this title ( Aug. 6, 1956, ch. 972,  5 70 Stat. 1046 Pub. L. 8547,  1(c) June 5, 1957 71 Stat. 49 Pub. L. 89553,  1(4) Sept. 2, 1966 80 Stat. 376 Pub. L. 92167,  1(3) Nov. 24, 1971 85 Stat. 488 Pub. L. 94181,  1(f) Dec. 27, 1975 89 Stat. 1050 Pub. L. 96336,  8(b) Sept. 4, 1980 94 Stat. 1065 Pub. L. 97293, title II,  223 Oct. 12, 1982 96 Stat. 1272 Pub. L. 99546, title III Oct. 27, 1986 100 Stat. 3054  Editorial Notes Amendments 1986Subsec. (b). Pub. L. 99546,  306 Provided Subsec. (c)(1). Pub. L. 99546,  307(a) Subsec. (c)(2). Pub. L. 99546,  307(b) section 390bb of this title section 390bb of this title Subsec. (c)(3). Pub. L. 99546,  307(c) 1982Subsec. (c)(2). Pub. L. 97293 section 390bb of this title section 390bb of this title 1980Subsec. (c). Pub. L. 96336 1975Subsec. (a)(1). Pub. L. 94181 section 422b(f) of this title 1971Subsec. (a)(1). Pub. L. 92167,  1(3) Subsec. (b)(2). Pub. L. 92167,  1(4) Subsec. (b)(5). Pub. L. 92167,  1(5) Subsec. (c)(3). Pub. L. 92167,  1(6) 1966 Pub. L. 89553 section 422d(b) of this title 1957 Pub. L. 8547 section 422d of this title section 422d of this title Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by Pub. L. 99546 Aug. 15, 1986 section 310 of Pub. L. 99546 section 422a of this title Retroactive Effect of 1966 Amendment Amendment by Pub. L. 89553 Pub. L. 89553 Sept. 2, 1966 section 2 of Pub. L. 89553 section 422b of this title  422f. Proposals for projects previously authorized; waiver of requirements; approval; negotiation of contract  Any proposal with respect to the construction of a project which has theretofore been authorized for construction under the Federal reclamation laws shall be made in like manner as a proposal under section 422d of this title section 422d of this title section 422e of this title ( Aug. 6, 1956, ch. 972,  6 70 Stat. 1046  Editorial Notes  References in Text The Federal reclamation laws, referred to in text, are defined in section 422b of this title  422g. Information from Federal agencies; costs  Upon request of an organization which has made or intends to make a proposal under this subchapter, the head of any Federal department or agency may make available to the organization any existing engineering, economic, or hydrologic information and printed material that it may have and that will be useful in connection with the planning, design, construction, or operation and maintenance of the project concerned. The reasonable cost of any plans, specifications, and other unpublished material furnished by the Secretary pursuant to this section and the cost of making and administering any loan under this subchapter shall, to the extent that they would not be nonreimbursable in the case of a project constructed under the Federal reclamation laws, be treated as a loan and covered in the provisions of the contract entered into under section 422e of this title ( Aug. 6, 1956, ch. 972,  7 70 Stat. 1047  Editorial Notes  References in Text The Federal reclamation laws, referred to in text, are defined in section 422b of this title  422h. Planning and construction; transfer of funds  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 16 U.S.C. 661 ( Aug. 6, 1956, ch. 972,  8 70 Stat. 1047 Pub. L. 89553,  1(5) Sept. 2, 1966 80 Stat. 377 Pub. L. 99546, 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 act Mar. 10, 1934, ch. 55 48 Stat. 401 section 661(a) of Title 16 section 661 of Title 16 Amendments 1986 Pub. L. 99546 1966 Pub. L. 89553 Aug. 14, 1946 60 Stat. 1080  422i. Rules and regulations  The Secretary is authorized to perform any and all acts and to make such rules and regulations as may be necessary or proper in carrying out the provisions of this subchapter. ( Aug. 6, 1956, ch. 972,  9 70 Stat. 1047  422j. Appropriations; notice to Congress of receipt of proposal; funds to initiate proposal; availability of appropriations; reimbursement; limitations on expenditures in any single State; waiver  There are authorized to be appropriated, such sums as may be necessary, but not to exceed $600,000,000, to carry out the provisions of this subchapter and, effective October 1, 1986 Provided section 422c of this title October 1, 1986 Provided October 27, 1986 section 422a of this title Provided further section 422d(c) of this title ( Aug. 6, 1956, ch. 972,  10 70 Stat. 1047 Pub. L. 89553,  1(6) Sept. 2, 1966 80 Stat. 377 Pub. L. 92167,  1(7) Nov. 24, 1971 85 Stat. 488 Pub. L. 94181,  1(g) Dec. 27, 1975 89 Stat. 1050 Pub. L. 96336,  8(a) Sept. 4, 1980 94 Stat. 1065 Pub. L. 99546, title III,  309 Oct. 27, 1986 100 Stat. 3055  Editorial Notes Codification  October 27, 1986 Pub. L. 99546 August 6, 1956 Amendments 1986 Pub. L. 99546 October 1, 1986 Oct. 1, 1986 1980 Pub. L. 96336 1975 Pub. L. 94181 1971 Pub. L. 92167 1966 Pub. L. 89553 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Pub. L. 96336,  8(a) Sept. 4, 1980 94 Stat. 1065 Oct. 1, 1980  422k. Supplement to Federal reclamation laws; short title  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  422k1. Loan contracts for deferment of repayment installments; amendment or supplementation  A loan contract negotiated and executed pursuant to this subchapter may be amended or supplemented for the purpose of deferring repayment installments in accordance with the provisions of section 485b1(b) of this title ( Aug. 6, 1956, ch. 972,  13 Pub. L. 92167,  1(8) Nov. 24, 1971 85 Stat. 488  422l. Application of this subchapter to Hawaii  This subchapter as heretofore and hereafter amended, shall apply to the State of Hawaii. ( Pub. L. 86624,  31 July 12, 1960 74 Stat. 421  Editorial Notes Codification Section was enacted as a part of the Hawaii Omnibus Act, and not as a part of the Small Reclamation Projects Act of 1956 which comprises this subchapter. SUBCHAPTER V ADMINISTRATION OF EXISTING PROJECTS  423. Permanently unproductive lands; exclusion from project; disposition of water right  All lands found by the classification made under the supervision of the Board of Survey and Adjustments (House Document 201, 69th Congress, 1st Session, checked and modified as outlined in General Recommendations numbered 2 and 4, Page 60 of said document), to be permanently unproductive shall be excluded from the project and no water shall be delivered to them after the date of such exclusion unless and until they are restored to the project. Except as herein otherwise provided, the water right formerly appurtenant to such permanently unproductive lands shall be disposed of by the United States under the reclamation law: Provided And provided further ( May 25, 1926, ch. 383 44 Stat. 647  Statutory Notes and Related Subsidiaries Sections 423 to 423g and 610 Unaffected by Sections 451 to 451k of This Title Act Aug. 13, 1953, ch. 428,  10 67 Stat. 568 Nothing contained in this Act [enacting sections 451 to 451k of this title] shall be held to repeal, supersede, or supplement the provisions for exchange and matters related thereto contained in the Act of May 25, 1926 44 Stat. 636  423a. Construction charges on permanently unproductive lands already paid; disposition  The construction charges prior to May 25, 1926 section 423c of this title May 25, 1926 ( May 25, 1926, ch. 383,  42 44 Stat. 647  423b. Suspension of payment of construction charges against areas temporarily unproductive  The payment of all construction charges against said areas temporarily unproductive shall remain suspended until the Secretary of the Interior shall declare them to be possessed of sufficient productive power properly to be placed in a paying class, whereupon payment of construction charges against such areas shall be resumed or shall begin, as the case may be. Any payments made on such areas shall be credited to the unpaid balance of the construction charge on the productive area of each unit. Such credit shall be applied on and after April 23, 1930 April 23, 1930 ( May 25, 1926, ch. 383,  43 44 Stat. 647 Apr. 23, 1930, ch. 205 46 Stat. 249  Editorial Notes  References in Text Sections 423 to 423g and 610 of this title, referred to in text, was in the original this Act, meaning act of May 25, 1926, ch. 383 44 Stat. 636 Section 610 of this title Amendments 1930Act Apr. 23, 1930 April 23, 1930  423c. Exchange of unpatented entries; entries, farms or private lands, eliminated from project; rights not assignable; rights of lienholders; preference to ex-service men  Settlers who have unpatented entries under any of the public land laws embracing lands which have been eliminated from the project, or whose entries under water rights have been so reduced that the remaining area is insufficient to support a family, shall be entitled to exchange their entries for other public lands within the same project or any other existing Federal reclamation project, with credit under the homestead laws for residence, improvement, and cultivation made or performed by them upon their original entries and with credit upon the new entry for any construction charges paid upon or in connection with the original entry: Provided Provided further And provided further section 423a of this title Provided further 1 1 2 2 ( May 25, 1926, ch. 383,  44 44 Stat. 648  Editorial Notes  References in Text Section 438 of this title act Aug. 13, 1953, ch. 428,  10 67 Stat. 568 section 451g of this title  423d. Amendment of existing water right contracts by Secretary of the Interior  The Secretary of the Interior is authorized, in his discretion, to amend any existing water-right contract to the extent necessary to carry out the provisions of sections 423 to 423g and 610 of this title, upon request of the holder of such contract. The Secretary of the Interior, as a condition precedent to the amendment of any existing water-right contract, shall require the execution of a contract by a water-users association or irrigation district whereby such association or irrigation district shall be required to pay to the United States, without regard to default in the payment of charges against any individual farm unit or tract of irrigable land, the entire charges against all productive lands remaining in the project after the permanently unproductive lands shall have been eliminated and the charges against temporarily unproductive areas shall have been suspended in the manner and to the extent authorized and directed by sections 423 to 423g and 610 of this title. The Secretary is authorized, in his discretion, upon request of individual water users or districts, and upon performance of the condition precedent above set forth, to amend any existing water-right contract to provide for increase in the time for payment of construction charges, which have not been accrued, to the extent that may be necessary under the conditions in each case, subject to the limitation that there shall be allowed for repayment not more than forty years from the date the first payment matured under the original contract, and also to extend the time for payment of operation and maintenance or water-rental charges due and unpaid for such period as in his judgment may be necessary not exceeding five years, the charges so extended to bear interest payable annually at the rate of 6 per centum per annum until paid, and to contract for the payment of the construction charges then due and unpaid within such term of years as the Secretary may find to be necessary, with interest payable annually at the rate of 6 per centum per annum until paid. The Secretary of the Interior is authorized to complete and execute the supplemental contract, being negotiated on May 25, 1926 ( May 25, 1926, ch. 383,  45 44 Stat. 648  Editorial Notes  References in Text Sections 423 to 423g and 610 of this title, referred to in text, was in the original this Act, meaning act of May 25, 1926, ch. 383 44 Stat. 636 Section 610 of this title Codification Section constitutes a part of section 45 of act May 25, 1926  423e. Completion of new projects or new division; execution of contract with district as condition precedent to delivery of water; contents of contract; cooperation of States with United States; limitations on sale of land  No water shall be delivered upon the completion of any new project or new division of a project until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or irrigation districts organized under State law providing for payment by the district or districts of the cost of constructing, operating, and maintaining the works during the time they are in control of the United States, such cost of constructing to be repaid within such terms of years as the Secretary may find to be necessary, in any event not more than forty years from the date of public notice hereinafter referred to, and the execution of said contract or contracts shall have been confirmed by a decree of a court of competent jurisdiction. Prior to or in connection with the settlement and development of each of these projects, the Secretary of the Interior is authorized in his discretion to enter into agreement with the proper authorities of the State or States wherein said projects or divisions are located whereby such State or States shall cooperate with the United States in promoting the settlement of the projects or divisions after completion and in the securing and selecting of settlers. Such contract or contracts with irrigation districts hereinbefore referred to shall further provide that all irrigable land held in private ownership by any one owner in excess of one hundred and sixty irrigable acres shall be appraised in a manner to be prescribed by the Secretary of the Interior and the sale prices thereof fixed by the Secretary on the basis of its actual bona fide value at the date of appraisal without reference to the proposed construction of the irrigation works; and that no such excess lands so held shall receive water from any project or division if the owners thereof shall refuse to execute valid recordable contracts for the sale of such lands under terms and conditions satisfactory to the Secretary of the Interior and at prices not to exceed those fixed by the Secretary of the Interior; and that until one-half the construction charges against said lands shall have been fully paid no sale of any such lands shall carry the right to receive water unless and until the purchase price involved in such sale is approved by the Secretary of the Interior and that upon proof of fraudulent representation as to the true consideration involved in such sales the Secretary of the Interior is authorized to cancel the water right attaching to the land involved in such fraudulent sales: Provided, however Provided further ( May 25, 1926, ch. 383,  46 44 Stat. 649 July 11, 1956, ch. 563,  1 70 Stat. 524  Editorial Notes Amendments 1956Act July 11, 1956 Statutory Notes and Related Subsidiaries Imperial Irrigation District of California; Nonapplicability of Federal Reclamation Laws Pub. L. 96570,  4 Dec. 22, 1980 94 Stat. 3340  The following provisions of the Federal reclamation laws shall not apply to lands within the Imperial Irrigation District of California after the date of enactment of this Act [ Dec. 22, 1980 (a) section 5 of the Act entitled An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands, approved June 17, 1902 43 U.S.C. 431 (b) section 46 of the Act entitled An Act to adjust water-right charges, to grant certain other relief on the Federal irrigation projects, and for other purposes, approved May 25, 1926 42 U.S.C. 423e (c) any other provision of law amendatory or supplementary to either of such sections. Amendment of Existing Contracts Act July 11, 1956, ch. 563,  3 70 Stat. 524 The Secretary of the Interior is authorized, upon request of any holder of an existing contract under the Federal reclamation laws (Act of June 17, 1902 32 Stat. 388  423f. Purpose of sections 423 to 423g and 610  The purpose of sections 423 to 423g and 610 of this title is the rehabilitation of the several reclamation projects and the insuring of their future success by placing them upon a sound operative and business basis, and the Secretary of the Interior is directed to administer said sections to those ends. ( May 25, 1926, ch. 383,  48 44 Stat. 650  Editorial Notes  References in Text Sections 423 to 423g and 610 of this title, referred to in text, was in the original this Act, meaning act of May 25, 1926, ch. 383 44 Stat. 636 Section 610 of this title  423g. Adjustment of water right charges as final adjudication on projects and divisions named  The adjustments under sections 1 to 40, inclusive, of the Act of Congress of May 25, 1926 section 466 of this title May 25, 1926 May 25, 1926 ( May 25, 1926, ch. 383,  50 44 Stat. 650  Editorial Notes  References in Text Sections 1 to 40 of the Act of May 25, 1926 The reclamation law, referred to in text, probably means act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title  423h. Delivery of water to excess lands upon death of spouse  Where the death of a husband or wife causes lands in private ownership to become excess lands, as that term is used in section 423e of this title June 17, 1902 32 Stat. 388 section 423e of this title Provided ( Pub. L. 86684 Sept. 2, 1960 74 Stat. 732  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title  424. Disposal of lands classified as temporarily or permanently unproductive; persons who may take  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 act of May 25, 1926, ch. 383 44 Stat. 636 Section 610 of this title Hereinafter, referred to in text, means in sections 424a to 424d of this title.  424a. Sale of unproductive lands; terms; area purchasable; tracts included  The Secretary is authorized to sell such lands to resident farm owners or resident entrymen, on the project upon which such land is located, at prices not less than that fixed by independent appraisal approved by the Secretary, and upon such terms and at private sale or at public auction as he may prescribe: Provided And provided further ( May 16, 1930, ch. 292,  2 46 Stat. 367  424b. Application of certain statutes to lands sold  All permanently unproductive and temporarily unproductive land now or hereafter designated under sections 423 to 423g and 610 of this title, shall, when sold, remain subject to sections 423 and 423b of this title. The exchange provisions of section 423c of this title ( May 16, 1930, ch. 292,  3 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 act of May 25, 1926, ch. 383 44 Stat. 636 Section 610 of this title  424c. Issuance of patents; recitals in patents; reservations  After the purchaser has paid to the United States all amounts due on the purchase price of said land, a patent shall issue which shall recite that the lands so patented have been classified in whole or in part as temporarily or permanently unproductive, as the case may be, under sections 423 to 423g and 610 of this title. Such patents shall also contain a reservation of a lien for water charges when deemed appropriate by the Secretary and reservations of coal or other mineral rights to the same extent as patents issued under the homestead laws. ( May 16, 1930, ch. 292,  4 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 Adjustment Act of May 25, 1926 act of May 25, 1926, ch. 383 44 Stat. 636 Section 610 of this title  424d. Use of moneys collected from sales, project construction charges and water rentals respecting unproductive lands  In the absence of a contrary requirement in the contracts between the United States and the water users organization or district assuming liability for the payment of project construction charges, all sums collected under sections 424 to 424e this title from the sale of lands, from the payment of project construction charges on temporarily unproductive or permanently unproductive lands so sold, and (except as stated in this section) from water rentals, shall inure to the Reclamation Fund as a credit to the construction charge payable on May 16, 1930 ( May 16, 1930, ch. 292,  5 46 Stat. 368  Editorial Notes  References in Text Sections 423 to 423g and 610 of this title, referred to in text, was in the original said act of May 25, 1926 act of May 25, 1926, ch. 383 44 Stat. 636 Section 610 of this title  424e. Authority of Secretary of the Interior; rules and regulations  The Secretary of the Interior is authorized to perform any and all acts and to make all rules and regulations necessary and proper for carrying out the purposes of sections 424 to 424e of this title. ( May 16, 1930, ch. 292,  6 46 Stat. 368  425. Exemption of lands owned by States, etc., from acreage limitation on receipt of irrigation benefits; determination of exempt status  The provisions of Federal reclamation laws (Act of June 17, 1902 32 Stat. 388 ( Pub. L. 91310,  1 July 7, 1970 84 Stat. 411  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title  425a. Eligibility of transferred lands owned by States, etc., for receipt of water from a Federal reclamation project, division, or unit; conditions of eligibility; purchase price  Irrigable lands owned by States, political subdivisions, and agencies thereof which do not fall within the provisions of section 425 of this title The purchasers of lands sold under the provisions of this section, or the heirs and devisees of such purchasers, if otherwise eligible under reclamation law to receive project water for the lands purchased, shall not be disqualified for delivery of water by reason of the amount of the purchase price paid for said lands. ( Pub. L. 91310,  2 July 7, 1970 84 Stat. 411  425b. Receipt of project water by lessees of irrigable lands owned by States, etc.; time limitation; applicability of acreage limitations  Lessees of irrigable lands owned by States, political subdivisions, and agencies thereof which are held to be subject to the acreage limitation provisions of Federal reclamation law and for which recordable contracts to sell have not been made may receive project water from July 7, 1970 ( Pub. L. 91310,  3 July 7, 1970 84 Stat. 411 Pub. L. 97293, title II,  224(d) Oct. 12, 1982 96 Stat. 1272  Editorial Notes  References in Text The Federal reclamation law, referred to in text, probably means act June 17, 1902, ch. 1093 32 Stat. 388 section 425 of this title June 17, 1902 June 17, 1902 section 371 of this title Amendments 1982 Pub. L. 97293 SUBCHAPTER VI WATER RIGHT APPLICATIONS AND LAND ENTRIES  431. Limitation as to amount of water; qualifications of applicant  No right to the use of water for land in private ownership shall be sold for a tract exceeding one hundred and sixty acres to any one landowner, and no such sale shall be made to any landowner unless he be an actual bona fide resident on such land, or occupant thereof residing in the neighborhood of said land, and no such right shall permanently attach until all payments therefor are made. ( June 17, 1902, ch. 1093,  5 32 Stat. 389  Statutory Notes and Related Subsidiaries Imperial Irrigation District of California; Nonapplicability of Federal Reclamation Laws Nonapplicability of Federal reclamation laws to lands within Imperial Irrigation District of California, see section 4 of Pub. L. 96570 section 423e of this title Section as Unaffected by Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title  432. Entry under homestead laws generally  Public lands which it is proposed to irrigate by means of any contemplated works shall be subject to entry only under the provisions of the homestead laws, and shall be subject to the limitations, charges, terms, and conditions herein provided: Provided ( June 17, 1902, ch. 1093,  3 32 Stat. 388  Editorial Notes  References in Text This Act, referred to in text, is act June 17, 1902 section 371 of this title Codification Section is comprised of part of section 3 of act June 17, 1902 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  433. Character and capital qualification of entrymen  The Secretary is authorized, under regulations to be promulgated by him, to require of each applicant including preference right ex-service men for entry to public lands on a project, such qualifications as to industry, experience, character, and capital, as in his opinion are necessary to give reasonable assurance of success by the prospective settler. The Secretary is authorized to appoint boards in part composed of private citizens, to assist in determining such qualifications. ( Dec. 5, 1924, ch. 4,  4 43 Stat. 702  Statutory Notes and Related Subsidiaries Advances by Farm Security Administration as Capital Act Aug. 7, 1939, ch. 509 53 Stat. 1238 June 17, 1940, ch. 390 54 Stat. 402 May 28, 1941, ch. 136 55 Stat. 206 Aug. 1, 1942, ch. 540 56 Stat. 732  Definitions The definitions in section 371 of this title  433a. Preference of needy families  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  434. Amount of land for which entry may be made; farm unit; subdivision of lands  Public lands which it is proposed to irrigate by means of any contemplated works shall be subject to entry in tracts of not less than forty nor more than one hundred and sixty acres: Provided Provided ( June 17, 1902, ch. 1093,  3 32 Stat. 388 June 27, 1906, ch. 3559,  1 34 Stat. 519 July 16, 1946 60 Stat. 1100  Editorial Notes  References in Text Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title Codification Section is comprised of a part of section 3 of act June 17, 1902 June 27, 1906 June 17, 1902 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 Executive Documents  Change of Name The Reclamation Service, established in July 1902, changed to the Bureau of Reclamation on June 20, 1923 Nov. 6, 1979 May 18, 1981 June 20, 1923 Nov. 6, 1979 May 18, 1981  Transfer of Functions Bureau of Land Management substituted in text for General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title  435. Entries in excess of farm unit  All entries under reclamation projects containing more than one farm unit shall be reduced in area and conformed to a single farm unit within two years after making proof of residence, improvement, and cultivation, or within two years after the issuance of a farm-unit plat for the project, if the same issues subsequent to the making of such proof: Provided Provided ( Aug. 13, 1914, ch. 247,  13 38 Stat. 690  436. Time when entry may be made generally  After June 25, 1910 ( June 25, 1910, ch. 407,  5 36 Stat. 836 Feb. 18, 1911, ch. 111 36 Stat. 918 Aug. 13, 1914, ch. 247,  10 38 Stat. 689  Editorial Notes Codification Section comprises part of section 5 of act June 25, 1910 Feb. 18, 1911 Aug. 13, 1914 section 437 of this title  437. Lands as to which entries made prior to June 25, 1910  Where entries made prior to June 25, 1910 ( June 25, 1910, ch. 407,  5 36 Stat. 836 Feb. 18, 1911, ch. 111 36 Stat. 918 Aug. 13, 1914, ch. 247,  10 38 Stat. 689  Editorial Notes  References in Text The reclamation law, referred to in text, probably means act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title Codification Section comprises part of section 5 of act June 25, 1910 Feb. 18, 1911 Aug. 13, 1914 section 436 of this title  438. Repealed. Aug. 13, 1953, ch. 428,  10 67 Stat. 568   Section, acts Feb. 14, 1920, ch. 76 41 Stat. 434 Jan. 21, 1922, ch. 32,  1 42 Stat. 358 Dec. 5, 1924, ch. 4,  4(m) 43 Stat. 703  439. Cultivation requirement as to entrymen  The entryman upon lands to be irrigated shall, in addition to compliance with the homestead laws, reclaim at least one-half of the total irrigable area of his entry for agricultural purposes. ( June 17, 1902, ch. 1093,  5 32 Stat. 389  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  440. Regulations as to use of water and requirements as to cultivation and reclamation of land; cancellation for noncompliance with requirements  The Secretary of the Interior is authorized to make general rules and regulations governing the use of water in the irrigation of the lands within any project, and may require the reclamation for agricultural purposes and the cultivation of one-fourth the irrigable area under each water-right application or entry within three full irrigation seasons after the filing of water-right application or entry, and the reclamation for agricultural purposes and the cultivation of one-half the irrigable area within five full irrigation seasons after the filing of the water-right application or entry, and shall provide for continued compliance with such requirements. Failure on the part of any water-right applicant or entryman to comply with such requirements shall render his application or entry subject to cancellation. ( Aug. 13, 1914, ch. 247,  8 38 Stat. 688  441. Assignment of entries generally  From and after the filing with the Secretary of the Interior or such officer as he may designate of satisfactory proof of residence, improvement, and cultivation for the five years required by law, persons who have, or shall make, homestead entries within reclamation projects under the provisions of the Act of June 17, 1902 June 17, 1902 Provided ( June 23, 1910, ch. 357 36 Stat. 592 July 16, 1946 60 Stat. 1100  Editorial Notes  References in Text Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title The reclamation Act, referred to in text, probably means act June 17, 1902 Executive Documents  Transfer of Functions Secretary of the Interior or such officer as he may designate substituted in text for Commissioner of the General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title  442. Assignment between June 23, 1910 January 1, 1913  In the absence of any intervening valid adverse interests any assignment made between June 23, 1910 January 1, 1913 section 441 of this title section 441 of this title Provided May 8, 1916 ( June 23, 1910, ch. 357 36 Stat. 592 May 8, 1916, ch. 114 39 Stat. 65  Editorial Notes  References in Text The reclamation Act, referred to in text, probably means act June 17, 1902, ch. 1093 32 Stat. 388 section 441 of this title section 371 of this title  443. Limitation of amount of land holdable under assignment of entry  No person shall hold by assignment more than one farm unit prior to final payment of all charges for all the land held by him subject to the reclamation law, except operation and maintenance charges not then due. ( Aug. 13, 1914, ch. 247,  13 38 Stat. 690  Editorial Notes  References in Text The reclamation law, referred to in text, is defined in section 472 of this title  444, 445. Omitted  Editorial Notes Codification Section 444, act June 25, 1910, ch. 432 36 Stat. 864 Section 445, act Apr. 30, 1912, ch. 100 37 Stat. 105 June 25, 1910  446. Right to make entry on relinquishment of former entry under land laws  Wherever the Secretary of the Interior, in carrying out the provisions of the reclamation Act, shall acquire by relinquishment lands covered by a bona fide unperfected entry under the land laws of the United States, the entryman upon such tract may make another and additional entry, as though the entry thus relinquished had not been made. ( June 27, 1906, ch. 3559,  2 34 Stat. 519  Editorial Notes  References in Text The reclamation Act, referred to in text, is identified in section 434 of this title  447. Relinquishment of homestead entry and making new entry  Any person who prior to March 4, 1915 June 17, 1902 32 Stat. 388 Provided ( Mar. 4, 1915, ch. 182 38 Stat. 1215  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title  448. Desert-land entries within reclamation project generally  Where any bona fide desert-land entry has been or may be embraced within the exterior limits of any land withdrawal or irrigation project under the Act of June 17, 1902 Provided 1 1 June 17, 1902 June 17, 1902 ( June 27, 1906, ch. 3559,  5 34 Stat. 520 June 6, 1930, ch. 405 46 Stat. 502  Editorial Notes  References in Text Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title Amendments 1930Act June 6, 1930  449. Assignment of desert-land entry within project  A desert-land entry within the exterior limits of a Government reclamation project may be assigned in whole or in part under section 324 of this title section 448 of this title Provided July 24, 1912 ( July 24, 1912, ch. 251 37 Stat. 200 SUBCHAPTER VII EXCHANGE AND AMENDMENT OF FARM UNITS  451. Conditions necessary for exchange; terms; credits; rights nonassignable  Any entryman on an unpatented farm unit on a Federal irrigation project which shall be found by the Secretary of the Interior, pursuant to a land classification, to be insufficient to support a family shall be entitled, upon timely application to the Secretary to exchange his farm unit for another farm unit of unentered public land within the same or any other such project, or, upon terms and conditions satisfactory to the Secretary, for any other available farm unit on the same or any other such project. He shall be given credit under the homestead laws for residence, improvement, and cultivation made or performed upon the original entry, and if satisfactory final proof of residence, improvement, and cultivation has been made on the original entry it shall not be necessary to submit such proof upon the lieu entry. Rights under this subchapter shall not be assignable. ( Aug. 13, 1953, ch. 428,  1 67 Stat. 566  451a. Persons eligible for benefits  The benefits of section 451 of this title 1 1 ( Aug. 13, 1953, ch. 428,  2 67 Stat. 566  Editorial Notes  References in Text Section 161 of this title Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 The Federal reclamation laws, referred to in par. (b)(ii), are identified in section 451i of this title  451b. Irrigation construction charges (a) Credits to entryman If an entryman making an exchange under the provisions of this subchapter becomes the direct obligor for payment to the United States of irrigation construction charges for his lieu farm unit or undertakes a contract under which the equivalent, in whole or in part, of such charges is returned to the United States, the Secretary, to the extent to which such charges upon the original farm unit or the equivalent thereof have actually been paid to the United States or to an irrigation district or other form of organization under contract with the United States, may give him credit for such charges upon the lieu unit. (b) Credits to district; reduction of costs If an irrigation district or other form of organization within the boundaries of which is located the lieu farm unit of an entryman making an exchange under the provisions of this subchapter is or becomes the direct obligor for payment to the United States of irrigation construction charges or undertakes or has undertaken a contract under which the equivalent, in whole or in part, of such charges is returned to the United States, the Secretary may, to the extent to which it gives credit to the entryman for such charges or the equivalent thereof actually paid upon the original farm unit, give the district or other form of organization credit for payment of such charges. Upon the making of an exchange pursuant to the provisions of this subchapter, the Secretary may reduce (i) the reimbursable construction costs of the project or division thereof upon which the original farm unit was located by the amount of such costs which were properly assignable to the original farm unit and which were not then due and payable, and (ii) the reimbursable construction costs of the project or division thereof upon which the lieu farm unit is located by the amount of credit which might be given under the provisions of this section. (c) Extension of benefits to districts In any case in which the benefits of this subchapter are extended to an assignee of an unpatented farm unit or to a resident owner of private lands, as provided in subsection (b) of section 451a of this title ( Aug. 13, 1953, ch. 428,  3 67 Stat. 566  451c. Cancellation of charges or liens; credits (a) After his approval of any application for an exchange as provided in this subchapter, the Secretary may cancel and release, in whole or in part, any and all charges or liens against the entryman or against the relinquished farm unit which are within his administrative jurisdiction. In administering the provisions of this subsection the Secretary shall take into consideration other charges and liens and the rights and interests of other lien holders as to him may seem just and equitable. (b) An entryman making an exchange under the provisions of this subchapter may be given credit by the Secretary upon any land development charges made by the United States in connection with the lieu farm unit for any such charges paid to the United States in connection with the original unit. A resident owner making an exchange under the provisions of this subchapter may, to the extent, to which he or, in the case of a widow, widower, heir, or devisee, his spouse or ancestor, as the case may be, has paid to the United States the purchase price of the original farm unit, be given credit by the Secretary upon the purchase price of his lieu farm unit; such credit may also be applied in the manner and circumstances provided in section 451b of this title ( Aug. 13, 1953, ch. 428,  4 67 Stat. 567  451d. Disposal of improvements; water rights; revertibility of relinquished land  Within ninety days after receipt of notice of the approval by the Secretary of the application for exchange of entry and subject to the rights and interests of other parties, the entryman may dispose of, and he or his transferee or vendee may remove, any and all improvements placed on the relinquished unit. Upon the making of an exchange under this subchapter, any water right appurtenant to the original lands under the Federal reclamation laws shall cease and the water supply theretofore used or required to satisfy such right shall be available for disposition under those laws. Any land relinquished or conveyed to the United States under this subchapter shall revert to or become a part of the public domain and be subject to disposition by the Secretary under any of the provisions of the Federal reclamation laws. ( Aug. 13, 1953, ch. 428,  5 67 Stat. 567  Editorial Notes  References in Text The Federal reclamation laws, referred to in text, are identified in section 451i of this title  451e. Amendment of farm unit; application; amount of land; exchange; waiver  Upon timely application by an entryman on an unpatented farm unit on a Federal irrigation project, which shall be found by the Secretary, pursuant to a land classification, to be insufficient to support a family, the Secretary may, upon terms and conditions satisfactory to him, amend the farm unit of said entryman, combine all or a part of the lands of said farm unit with other contiguous or noncontiguous lands on the same project which are declared by the Secretary to be open to entry or purchase, and thereby form and designate an amended farm unit for said entryman, which in no event shall exceed three hundred and twenty acres of land containing not more than one hundred and sixty irrigable acres designated by the Secretary. The acceptance of the amended farm unit by the applicant shall be deemed an exchange within the meaning of this subchapter. In extending the benefits of this section to a resident owner of private lands as provided in section 451a of this title section 451a of this title ( Aug. 13, 1953, ch. 428,  6 67 Stat. 567  451f. Exchanges subject to mortgage contracts  Any exchange pursuant to this subchapter of land that is subject to a mortgage contract with the Secretary of Agriculture under sections 1006a and 1006b of title 7, and any disposition pursuant to this subchapter of property that is subject to such a mortgage contract, shall be effected only in such form and manner and upon such terms and conditions as are consistent with the authority of the Secretary of Agriculture over such mortgage contract and such property under the Bankhead-Jones Farm Tenant Act, as amended [ 7 U.S.C. 1000 ( Aug. 13, 1953, ch. 428,  7 67 Stat. 568  Editorial Notes  References in Text The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517 50 Stat. 522 section 1000 of Title 7  451g. Preferences; veterans; timely applicants  Where there are two or more timely applicants for a farm unit on a particular project or division thereof under the provisions of this subchapter, one or more of whom is an ex-serviceman who would be entitled under the applicable statutes to a preference in making entry of farm units on such project or division, the ex-serviceman, or one of them, shall have a preference in making such exchange. Any timely applicant for an exchange under the provisions of this subchapter shall be entitled to preference over any other applicant for a farm unit on the same project or division thereof. ( Aug. 13, 1953, ch. 428,  8 67 Stat. 568  451h. Establishment of farm units; size; contiguous or noncontiguous  In administering sections 434, 448, and 544 of this title, the Secretary may, to the extent found necessary as shown by a land classification to provide farm units sufficient in size to support a family, establish such units of not more than three hundred and twenty acres containing not more than one hundred and sixty irrigable acres designated by him and may permit entry and assignment under the homestead laws, and retention and assignment under the desert land laws, of such units. The lands included in farm units established pursuant to the authority of this section and entered under the homestead laws may be contiguous or noncontiguous. ( Aug. 13, 1953, ch. 428,  9 67 Stat. 568  451i. Federal irrigation project defined  As used in this subchapter, the term Federal irrigation project means any irrigation project subject to the Federal reclamation laws (Act of June 17, 1902 32 Stat. 388 ( Aug. 13, 1953, ch. 428,  11 67 Stat. 568  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title  451j. Rules and regulations  The Secretary may perform any and all acts and make all rules and regulations necessary and proper for carrying out the purposes of this subchapter. ( Aug. 13, 1953, ch. 428,  12 67 Stat. 568  451k. Availability of appropriations; expenses as nonreimbursable  Appropriations heretofore or hereafter made for carrying on the functions of the Bureau of Reclamation shall be available for credits, expenses, charges, and costs provided by or incurred under this subchapter. Expenses incurred in carrying out the provisions of sections 451 to 451f of this title, shall be nonreimbursable and nonreturnable under the Federal reclamation laws. ( Aug. 13, 1953, ch. 428,  13 67 Stat. 568  Editorial Notes  References in Text The Federal reclamation laws, referred to in text, are identified in section 451i of this title SUBCHAPTER VIII TAXATION  455. State taxation; lands of homestead entryman  The lands of any homestead entryman under the Act of June 17, 1902 ( Apr. 21, 1928, ch. 394,  1 45 Stat. 439 June 13, 1930, ch. 477 46 Stat. 581 July 16, 1946 60 Stat. 1100  Editorial Notes  References in Text Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title Amendments 1930Act June 13, 1930 Executive Documents  Transfer of Functions Bureau of Land Management substituted in text for General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title  455a. State taxation; lands of desert-land entryman  The lands of any desert-land entryman located within an irrigation project constructed under the Reclamation Act and obtaining a water supply from such project, and for whose land water has been actually available for a period of four years, may likewise be taxed by the State or political subdivision thereof in which such lands are located. ( Apr. 21, 1928, ch. 394,  2 45 Stat. 439 June 13, 1930, ch. 477 46 Stat. 581  Editorial Notes  References in Text The Reclamation Act, referred to in text, is identified in section 455 of this title Amendments 1930Act June 13, 1930  455b. State tax as lien upon lands; prior lien of United States; rights of holder of tax title  All such taxes legally assessed shall be a lien upon the lands and may be enforced upon said lands by the sale thereof in the same manner and under the same proceeding whereby said taxes are enforced against lands held under private ownership; but the title or interest which the State or political subdivision thereof may convey by tax sale, tax deed, or as a result of any tax proceeding shall be subject to a prior lien reserved to the United States for all due and unpaid installments on the appraised purchase price of such lands and for all the unpaid charges authorized by law whether accrued or otherwise. The holder of such tax deed or tax title resulting from such tax shall be entitled to all the rights and privileges in the land of an assignee of such entryman on ceded Indian lands or of an assignee under the provisions of section 441 of this title June 17, 1902 ( Apr. 21, 1928, ch. 394,  3 45 Stat. 439 June 13, 1930, ch. 477 46 Stat. 581  Editorial Notes  References in Text Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title  455c. Extinguishment of liens and tax titles on reversion of lands to United States  If the lands of any such entryman shall at any time revert to the United States for any reason whatever, all such liens or tax titles resulting from assessments levied after June 13, 1930 ( Apr. 21, 1928, ch. 394,  4 June 13, 1930, ch. 477 46 Stat. 581 SUBCHAPTER IX CONSTRUCTION CHARGES  461. Determination of construction charges generally  The construction charges which shall be made per acre upon the entries and upon lands in private ownership which may be irrigated by the waters of any irrigation project shall be determined with a view of returning to the reclamation fund the estimated cost of construction of the project, and shall be apportioned equitably. ( June 17, 1902, ch. 1093,  4 32 Stat. 389  Editorial Notes Codification Section is comprised of part of section 4 of act June 17, 1902 section 419 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  462. Classification of irrigable lands and equitable apportionment of charges  The irrigable lands of each new project and new division of a project approved, after December 5, 1924 ( Dec. 5, 1924, ch. 4,  4 43 Stat. 702  Statutory Notes and Related Subsidiaries  Definitions The definitions in section 371 of this title  463. Repealed. May 25, 1926, ch. 383,  47 44 Stat. 650   Section, act Dec. 5, 1924, ch. 4,  4 43 Stat. 702  464. Increases of charges on failure to make water-right application  In all cases where application for water right for lands in private ownership or lands held under entries not subject to the reclamation law shall not be made within one year after August 13, 1914 section 419 of this title August 13, 1914 ( Aug. 13, 1914, ch. 247,  9 38 Stat. 689  Editorial Notes  References in Text The reclamation law, referred to in text, is defined in section 472 of this title  465. Charges for water service prior to notice of construction charge  Whenever water is available and it is impracticable to apportion operation and maintenance charges as provided in section 492 of this title ( Aug. 13, 1914, ch. 247,  11 38 Stat. 689  Editorial Notes  References in Text Herein, referred to in text, means act Aug. 13, 1914, ch. 247 38 Stat. 686  466. Surveys to correct errors or inequalities in original basis of project  On each project existing prior to December 5, 1924 Provided ( Dec. 5, 1924, ch. 4,  4 43 Stat. 703  Statutory Notes and Related Subsidiaries  Definitions The definitions in section 371 of this title  467. Repealed. May 25, 1926, ch. 383,  47 44 Stat. 650   Section, act Dec. 5, 1924, ch. 4,  4 43 Stat. 703  468. Withdrawal of notice given and modification of applications and contracts made prior to February 13, 1911  The Secretary of the Interior may, in his discretion, withdraw any public notice issued prior to February 13, 1911 section 419 of this title February 13, 1911 February 13, 1911 ( Feb. 13, 1911, ch. 49 36 Stat. 902  469. Increase in construction charges  No increase in the construction charges shall, after August 13, 1914 Provided Provided further ( Aug. 13, 1914, ch. 247,  4 38 Stat. 687  470. When work increasing construction charge may be undertaken  No work shall be undertaken or expenditure made for any lands, for which the construction charge has been fixed by public notice, which work or expenditure shall, in the opinion of the Secretary of the Interior, increase the construction cost above the construction charge so fixed; unless and until valid and binding agreement to repay the cost thereof shall have been entered into between the Secretary of the Interior and the water-right applicants and entrymen affected by such increased cost, as provided by section 469 of this title ( Mar. 3, 1915, ch. 75,  1 38 Stat. 861  471. Initial payment and annual installments of charges generally  Any entryman or applicant shall at the time of making water-right application or entry, as the case may be, pay into the reclamation fund 5 per centum of the construction charge fixed for his land as an initial installment, and shall pay the balance of said charge in annual installments. The first of the annual installments shall become due and payable on December 1 of the fifth calendar year after the initial installment: Provided Provided further ( Aug. 13, 1914, ch. 247,  1 38 Stat. 686  Editorial Notes Codification Section comprises part of section 1 of act Aug. 13, 1914 section 472 of this title  472. Installments on entries or applications made after August 13, 1914 December 5, 1924  Any person whose lands, after August 13, 1914 December 5, 1924 August 13, 1914 December 5, 1924 ( Aug. 13, 1914, ch. 247,  1 38 Stat. 686  Editorial Notes  References in Text Act approved June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title Codification References to December 5, 1924 act Dec. 5, 1924, ch. 4,  4 43 Stat. 702 act May 25, 1926, ch. 383,  47 44 Stat. 650 Section comprises part of section 1 of act Aug. 13, 1914 section 471 of this title  473, 474. Repealed. May 25, 1926, ch. 383,  47 44 Stat. 650   Section 473, act Dec. 5, 1924, ch. 4,  4 43 Stat. 702 Dec. 5, 1924  Section 474, act Dec. 5, 1924, ch. 4,  4 43 Stat. 702 Dec. 5, 1924  475. Annual installments on entries and contracts prior to August 13, 1914  Any person whose land or entry, prior to August 13, 1914 Any person whose land or entry prior to August 13, 1914 Provided ( Aug. 13, 1914, ch. 247 38 Stat. 687 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  476. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section, act June 17, 1902, ch. 1093,  5 32 Stat. 389  477. Association or irrigation district as fiscal agent of Government  The Secretary of the Interior is authorized, in his discretion, to designate and appoint, under such rules and regulations as he may prescribe, the legally organized water-users association or irrigation district, under any reclamation project, as the fiscal agent of the United States to collect the annual payments on the construction charge of the project and the annual charges for operation and maintenance and all penalties: Provided ( Aug. 13, 1914, ch. 247,  7 38 Stat. 688  478. Pecuniary penalty for nonpayment of installments of construction charges  If any water-right applicant or entryman shall have, prior to December 5, 1924 Provided December 5, 1924 ( Aug. 13, 1914, ch. 247,  3 38 Stat. 687 Dec. 5, 1924, ch. 4,  4 43 Stat. 703  Editorial Notes Codification Section consolidates first sentence of act Aug. 13, 1914 Dec. 5, 1924  479. Shutting off water for nonpayment of construction charge  No water shall be delivered to the lands of any water-right applicant or entryman who shall be in arrears for more than one calendar year for the payment of any annual construction charge and penalties. ( Aug. 13, 1914, ch. 247,  6 38 Stat. 688  Editorial Notes Codification Section is comprised of part of first sentence of section 6 of act Aug. 13, 1914  480. Cancellation of water right or entry for nonpayment of construction charge  If any water-right applicant or entryman shall be one year in default in the payment of any installment of the construction charges and penalties, or any part thereof, his water-right application, and if he be a homestead entryman his entry also, shall be subject to cancellation, and all payments made by him forfeited to the reclamation fund, but no homestead entry shall be subject to contest because of such default. ( Aug. 13, 1914, ch. 247,  3 38 Stat. 687  481. Action to recover construction charges and penalties  If the Secretary of the Interior shall so elect, he may cause suit or action to be brought for the recovery of the amount of the construction charges in default and penalties; but if suit or action be brought, the right to declare a cancellation and forfeiture of the entry or water-right application as provided in section 480 of this title ( Aug. 13, 1914, ch. 247,  3 38 Stat. 687  482. Omitted  Editorial Notes Codification Section, act May 10, 1926, ch. 277 44 Stat. 479 June 30, 1927 section 485b of this title SUBCHAPTER X PAYMENT OF CONSTRUCTION CHARGES  485. Declaration of policy  For the purpose of providing for United States reclamation projects a feasible and comprehensive plan for an economical and equitable treatment of repayment problems and for variable payments of construction charges which can be met regularly and fully from year to year during periods of decline in agricultural income and unsatisfactory conditions of agriculture as well as during periods of prosperity and good prices for agricultural products, and which will protect adequately the financial interest of the United States in said projects, obligations to pay construction charges may be revised or undertaken pursuant to the provisions of this subchapter. ( Aug. 4, 1939, ch. 418,  1 53 Stat. 1187  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this Act, meaning act Aug. 4, 1939, ch. 418 53 Stat. 1187 section 485j of this title section 485k of this title  485a. Definitions As used in this subchapter (a) The term Federal reclamation laws shall mean the Act of June 17, 1902 32 Stat. 388 (b) The term Secretary shall mean the Secretary of the Interior. (c) The term project shall mean any reclamation or irrigation project, including incidental features thereof, authorized by the Federal reclamation laws, or constructed by the United States pursuant to said laws, or in connection with which there is a repayment contract executed by the United States, pursuant to said laws, or any project constructed or operated and maintained by the Secretary through the Bureau of Reclamation for the reclamation of arid lands or other purposes. (d) The term construction charges shall mean the amounts of principal obligations payable to the United States under water-right applications, repayment contracts, orders of the Secretary, or other forms of obligation entered into pursuant to the Federal reclamation laws, excepting amounts payable for water rental or power charges, operation and maintenance and other yearly service charges, and excepting also any other operation and maintenance, interest, or other charges which are not covered into the principal sums of the construction accounts of the Bureau of Reclamation. (e) The term repayment contract shall mean any contract providing for payment of construction charges to the United States. (f) The term project contract unit shall mean a project or any substantial area of a project which is covered or is proposed to be covered by a repayment contract. On any project where two or more repayment contracts in part cover the same area and in part different areas, the area covered by each such repayment contract shall be a separate project contract unit. On any project where there are either two or more repayment contracts on a single project contract unit or two or more project contract units, the repayment contracts or project contract units may be merged by agreements in form satisfactory to the Secretary. (g) The term organization shall mean any conservancy district, irrigation district, water users association, or other organization, which is organized under State law and which has capacity to enter into contracts with the United States pursuant to the Federal reclamation laws. (h) The term division of a project shall mean any part of a project designated as a division by order of the Secretary or any phase or feature of project operations given a separate designation as a division by order of the Secretary for the purposes of orderly and efficient administration. (i) The term development unit shall mean a part of a project which, for purposes of orderly engineering or reclamation development, is designated as a development unit by order of the Secretary. (j) The term irrigation block shall mean an area of arid or semiarid lands in a project in which, in the judgment of the Secretary, the irrigable lands should be reclaimed and put under irrigation at substantially the same time, and which is designated as an irrigation block by order of the Secretary. ( Aug. 4, 1939, ch. 418,  2 53 Stat. 1187 Pub. L. 85611,  3 Aug. 8, 1958 72 Stat. 543  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this Act, meaning act Aug. 4, 1939, ch. 418 53 Stat. 1187 section 485j of this title section 485k of this title Act of June 17, 1902 section 371 of this title Amendments 1958Subsecs. (h) to (k). Pub. L. 85611  485b. Amendment of existing repayment contracts  In connection with any repayment contract or other form of obligation, existing on August 4, 1939 Provided ( Aug. 4, 1939, ch. 418,  3 53 Stat. 1188  Statutory Notes and Related Subsidiaries Extension of Date of Modification of Repayment Contracts Act Mar. 6, 1952, ch. 94 66 Stat. 16 Aug. 31, 1954, ch. 1168 68 Stat. 1044 Pub. L. 85156 Aug. 21, 1957 71 Stat. 390 Pub. L. 85611,  3 Aug. 8, 1958 72 Stat. 543 Pub. L. 86308,  2 Sept. 21, 1959 73 Stat. 585 Dec. 31, 1960  485b1. Deferment of installments under repayment contracts; determination of undue burden; conditions; supplemental contract; report to Congress (a) The authority granted in section 485b of this title December 31, 1960 (b) The Secretary is authorized, subject to the provisions of this subsection to defer the time for the payment of such part of any installments of construction charges under any repayment contract or other form of obligation as he deems necessary to adjust such installments to amounts within the probable ability of the water users to pay. Any such deferment shall be effected only after findings by the Secretary that the installments under consideration probably cannot be paid on their due date without undue burden on the water users, considering the various factors which in the Secretarys judgment bear on the ability of the water users so to pay. The Secretary may effect the deferments hereunder subject to such conditions and provisions relating to the operation and maintenance of the project involved as he deems to be in the interest of the United States. If, however, any deferments would affect installments to accrue more than twelve months after the action of deferment, they shall be effected only by a formal supplemental contract. Such a contract shall provide by its terms that, it being only an interim solution of the repayment problems dealt with therein, its terms are not, in themselves, to be construed as a criterion of the terms of any amendatory contract that may be negotiated and that any such amendatory contract must be approved by the Congress unless it does not lengthen the repayment period for the project in question beyond that permitted by the laws applicable to that project, involves no reduction in the total amount payable by the water users, and is not in other respects less advantageous to the Government than the existing contract arrangements. The Secretary shall report to the Congress all deferments granted under this subsection. ( Aug. 4, 1939, ch. 418,  17 53 Stat. 1198 Apr. 24, 1945, ch. 94,  3 59 Stat. 76 Pub. L. 85611,  3 Aug. 8, 1958 72 Stat. 543 Pub. L. 86308,  1 Sept. 21, 1959 73 Stat. 584  Editorial Notes Amendments 1959Subsec. (b). Pub. L. 86308 1958Subsec. (a). Pub. L. 85611 1945Subsec. (a). Act Apr. 24, 1945 Dec. 31, 1950 Subsec. (b). Act Apr. 24, 1945 Apr. 24, 1945 Statutory Notes and Related Subsidiaries Applicability to Other Irrigation Projects Pub. L. 86308,  3 Sept. 21, 1959 73 Stat. 585 The provisions of section 17, subsection (b), of the Reclamation Project Act of 1939 [subsec. (b) of this section], as amended by section 1 of this Act, shall apply to any project within the administrative jurisdiction of the Bureau of Reclamation to which, if it had been constructed as a project under the Federal reclamation laws (Act of June 17, 1902 32 Stat. 383 section 371 of this title  485c. Repealed. Pub. L. 85611,  3 Aug. 8, 1958 72 Stat. 543   Section, acts Aug. 4, 1939, ch. 418,  4 53 Stat. 1189 Apr. 24, 1945, ch. 94,  1 59 Stat. 75 section 485h(d)(3) of this title  485d. Time of payments to the United States  The Secretary in this discretion may require, in connection with any contract entered into pursuant to the authority of this subchapter, that the contract provide (1) that the payments for each year to be made to the United States shall become due and payable on such date or dates, not exceeding two, in each year as the Secretary determines will be substantially contemporaneous with the time or times in each year when water users receive crop returns and (2) if the contract be with an organization, that assessments or levies for the purpose of obtaining moneys sufficient to meet the organizations payments under said contract shall be made and shall become due and payable within a certain period or periods of time prior to the date or dates on which the organizations payments to the United States are due and payable, said period or periods of time to be agreed upon in each said contract. The Secretary may provide such deferments of construction charges as in his judgment are necessary to prevent said requirements from resulting in inequitable pyramiding of payments of said charges. ( Aug. 4, 1939, ch. 418,  5 53 Stat. 1191  Statutory Notes and Related Subsidiaries Extension of Secretarys Authority To Enter Into Amendatory Contracts Secretarys authority extended through Dec. 31, 1960 section 485b1 of this title  485e. Maintenance and operation of project works; delinquency penalties  In connection with any contract, relating to construction charges, entered into pursuant to the authority of this subchapter, the Secretary is authorized to require such provisions as he deems proper to secure the adoption of proper accounting, to protect the condition of project works and to provide for the proper use thereof, and to protect project lands against deterioration due to improper use of water. Any such contract shall require advance payment of adequate operation and maintenance charges. The Secretary is further authorized, in his discretion, to require such provisions as he deems proper to penalize delinquencies in payments of construction charges or operation and maintenance charges: Provided Provided further ( Aug. 4, 1939, ch. 418,  6 53 Stat. 1191  485f. Negotiation of equitable contracts by Secretary (a) Existing project contract unit The Secretary is authorized and directed to investigate the repayment problems of any existing project contract unit in connection with which, in his judgment, a contract under section 485b or 485c 1 1 (b) New projects or projects under construction; public lands; development periods For any project, division of a project, development unit of a project, or supplemental works on a project, under construction on August 4, 1939 section 485h of this title Provided August 4, 1939 (c) Report of proposed contracts to Congress; approval; amendment after approval The Secretary from time to time shall report to the Congress on any proposed contracts negotiated pursuant to the authority of subsection (a) or (b)(1) of this section, and he may execute any such contract on behalf of the United States only after approval thereof has been given by Act of Congress. Contracts, so approved, however, may be amended from time to time by mutual agreement and without further approval by Congress if such amendments are within the scope of authority granted prior to or after April 24, 1945 ( Aug. 4, 1939, ch. 418,  7 53 Stat. 1192 Apr. 24, 1945, ch. 94,  2 59 Stat. 76  Editorial Notes  References in Text Section 485c of this title Pub. L. 85611,  3 Aug. 8, 1958 72 Stat. 543 Amendments 1945Subsec. (c). Act Apr. 24, 1945 Extension of Secretarys Authority To Enter Into Amendatory Contracts Secretarys authority extended through Dec. 31, 1960 section 485b1 of this title  485g. Classification of lands (a) Generally The Secretary is authorized and directed in the manner hereinafter provided to classify or to reclassify, from time to time but not more often than at five-year intervals, as to irrigability and productivity those lands which have been, are, or may be included within any project. (b) Necessity for request No classification or reclassification pursuant to the authority of this subchapter shall be undertaken unless a request therefor, by an organization or duly authorized representatives of the water users, in the form required by subsection (c) of this section has been made of the Secretary. The Secretary shall plan the classification work, undertaken pursuant to the authority of this section, in such manner as in his judgment will result in the most expeditious completion of the work. (c) Furnishing data In any request made to the Secretary for a land classification or reclassification under this section, the organization or representatives of the water users shall furnish a list of those lands which are considered to be of comparatively low productivity or to be nonproductive, and of those lands which are considered to be of greater or lesser productivity than indicated by existing classifications, if any, made pursuant to the Federal reclamation laws, and shall furnish also such data relating thereto as the Secretary by regulation may require. (d) Primary determination Upon receipt of any such request the Secretary shall make a preliminary determination whether the requested land classification or reclassification probably is justified by reason of the conditions of the lands involved and other pertinent conditions of the project, including its contractual relations with the United States. (e) Probable justification If the Secretary finds probable justification and if the advance to the United States hereinafter required is made, he shall undertake as soon as practicable the classification or reclassification of the lands listed in the request, and of any other lands which have been, are, or may be included within the project involved and which in his judgment should be classified or reclassified. (f) Expenses One-half of the expense involved in any classification work undertaken pursuant to this section shall be charged to operation and maintenance administration nonreimbursable; and one-half shall be paid in advance by the organization involved. On determining probable justification for the requested classification or reclassification as provided in this section, the Secretary shall estimate the cost of the work involved and shall submit a statement of the estimated cost to said organization. Said organization, before commencement of the work, shall advance to the United States one-half of the amount set forth in said statement and also shall advance one-half of the amount of supplementary estimates of costs which the Secretary may find it necessary to make from time to time during the progress of the work; and said amounts shall be and remain available for expenditure by the Secretary for the purposes for which they are advanced, until the work is completed or abandoned. After completion or abandonment of the work, the Secretary, shall determine the actual costs thereof; and said organization shall pay any additional amount required to make its total payments hereunder equal to one-half of the actual cost or shall be credited with any amount by which advances made by it exceed one-half of said actual cost, as the case may be. (g) Classification as prerequisite to contract If in the judgment of the Secretary a classification or reclassification pursuant to the provisions of this section is a necessary preliminary to entering into a contract under section 485b or 485c 1 1 (h) Modification of existing obligations No modification of any existing obligation to pay construction charges on any project shall be made by reason of any classification or reclassification undertaken pursuant to this section without express authority therefor granted by Congress upon recommendations of the Secretary made in a report under subsection (f) of this section. ( Aug. 4, 1939, ch. 418,  8 53 Stat. 1192 Pub. L. 93608,  1(18) Jan. 2, 1975 88 Stat. 1970  Editorial Notes  References in Text The Federal reclamation laws, referred to in subsec. (c), are defined in section 485a of this title Section 485c of this title Pub. L. 85611,  3 Aug. 8, 1958 72 Stat. 543 Amendments 1975Subsecs. (f) to (i). Pub. L. 93608  485h. New projects; sale of water and electric power; lease of power privileges (a) Findings of Secretary No expenditures for the construction of any new project, new division of a project, or new supplemental works on a project shall be made, nor shall estimates be submitted therefor, by the Secretary until after he has made an investigation thereof and has submitted to the President and to the Congress his report and findings on (1) the engineering feasibility of the proposed construction; (2) the estimated cost of the proposed construction; (3) the part of the estimated cost which can properly be allocated to irrigation and probably be repaid by the water users; (4) the part of the estimated cost which can properly be allocated to power and probably be returned to the United States in net power revenues; (5) the part of the estimated cost which can properly be allocated to municipal water supply or other miscellaneous purposes and probably be returned to the United States. If the proposed construction is found by the Secretary to have engineering feasibility and if the repayable and returnable allocations to irrigation, power, and municipal water supply or other miscellaneous purposes found by the Secretary to be proper, together with any allocation to flood control or navigation made under subsection (b) of this section, equal the total estimated cost of construction as determined by the Secretary, then the new project, new division of a project, or supplemental works on a project, covered by his findings, shall be deemed authorized and may be undertaken by the Secretary. If all such allocations do not equal said total estimated cost, then said new project, new division, or new supplemental works may be undertaken by the Secretary only after provision therefor has been made by Act of Congress enacted after the Secretary has submitted to the President and the Congress the report and findings involved. (b) Allocation of part of cost to flood control or navigation In connection with any new project, new division of a project, or supplemental works on a project there may be allocated to flood control or navigation the part of said total estimated cost which the Secretary may find to be proper. Items for any such allocations made in connection with projects which may be undertaken pursuant to subsection (a) of this section shall be included in the estimates of appropriations submitted by the Secretary for said projects, and funds for such portions of the projects shall not become available except as directly appropriated or allotted to the Department of the Interior. In connection with the making of such an allocation, the Secretary shall consult with the Chief of Engineers and the Secretary of the Army, and may perform any of the necessary investigations or studies under a cooperative agreement with the Secretary of the Army. In the event of such an allocation the Secretary of the Interior shall operate the project for purposes of flood control or navigation, to the extent justified by said allocation therefor. (c) Furnishing water to municipalities; sale of electric power; lease of power privileges (1) The Secretary is authorized to enter into contracts to furnish water for municipal water supply or miscellaneous purposes: Provided Provided further 7 U.S.C. 901 (2) (A) When carrying out this subsection, the Secretary shall first offer the lease of power privilege to an irrigation district or water users association operating the applicable transferred conduit, or to the irrigation district or water users association receiving water from the applicable reserved conduit. The Secretary shall determine a reasonable time frame for the irrigation district or water users association to accept or reject a lease of power privilege offer for a small conduit hydropower project. (B) If the irrigation district or water users association elects not accept 1 1 (3) The Bureau of Reclamation shall apply its categorical exclusion process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (4) The Power Resources Office of the Bureau of Reclamation shall be the lead office of small conduit hydropower policy and procedure-setting activities conducted under this subsection. (5) Nothing in this subsection shall obligate the Western Area Power Administration, the Bonneville Power Administration, or the Southwestern Power Administration to purchase or market any of the power produced by the facilities covered under this subsection and none of the costs associated with production or delivery of such power shall be assigned to project purposes for inclusion in project rates. (6) Nothing in this subsection shall alter or impede the delivery and management of water by Bureau of Reclamation facilities, as water used for conduit hydropower generation shall be deemed incidental to use of water for the original project purposes. Lease of power privilege shall be made only when, in the judgment of the Secretary, the exercise of the lease will not be incompatible with the purposes of the project or division involved, nor shall it create any unmitigated financial or physical impacts to the project or division involved. The Secretary shall notify and consult with the irrigation district or water users association operating the transferred conduit before offering the lease of power privilege and shall prescribe terms and conditions that will adequately protect the planning, design, construction, operation, maintenance, and other interests of the United States and the project or division involved. (7) Nothing in this subsection shall alter or affect any existing agreements for the development of conduit hydropower projects or disposition of revenues. (8) Nothing in this subsection shall alter or affect any existing preliminary permit, license, or exemption issued by the Federal Energy Regulatory Commission under Part I of the Federal Power Act ( 16 U.S.C. 792 August 9, 2013 (9) In this subsection: (A)  Conduit The term conduit means any Bureau of Reclamation tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. (B)  Irrigation district The term irrigation district means any irrigation, water conservation or conservancy, multicounty water conservation or conservancy district, or any separate public entity composed of two or more such districts and jointly exercising powers of its member districts. (C)  Reserved conduit The term reserved conduit means any conduit that is included in project works the care, operation, and maintenance of which has been reserved by the Secretary, through the Commissioner of the Bureau of Reclamation. (D)  Transferred conduit The term transferred conduit means any conduit that is included in project works the care, operation, and maintenance of which has been transferred to a legally organized water users association or irrigation district. (E)  Small conduit hydropower The term small conduit hydropower means a facility capable of producing 5 megawatts or less of electric capacity. (d) Delivery of water for irrigation; repayment contract prerequisites No water may be delivered for irrigation of lands in connection with any new project, new division of a project, or supplemental works on a project until an organization, satisfactory in form and powers to the Secretary, has entered into a repayment contract with the United States, in a form satisfactory to the Secretary, providing among other things (1) That the Secretary may fix a development period for each irrigation block, if any, of not to exceed ten years from and including the first calendar year in which water is delivered for the lands in said block; and that during the development period water shall be delivered to the lands in the irrigation block involved at a charge per annum per acre-foot, or other charge, to be fixed by the Secretary each year and to be paid in advance of delivery of water: Provided Provided further Provided further September 21, 1959 73 Stat. 584 (2) That the part of the construction costs allocated by the Secretary to irrigation shall be included in a general repayment obligation of the organization; and that the organization may vary its distribution of construction charges in a manner that takes into account the productivity of the various classes of lands and the benefits accruing to the lands by reason of the construction: Provided (3) That the general repayment obligation of the organization shall be spread in annual installments, of the number and amounts fixed by the Secretary, over a period of not more than 40 years, exclusive of any development period fixed under paragraph (1) of this subsection, for any project contract unit or, if the project contract unit be divided into two or more irrigation blocks, for any such block, or as near to said period of not more than forty years as is consistent with the adoption and operation of a variable payment formula which, being based on full repayment within such period under average conditions, permits variance in the required annual payments in the light of economic factors pertinent to the ability of the organization to pay. (4) That the first annual installment for any project contract unit, or for any irrigation block, as the case may be, shall accrue, on the date fixed by the Secretary, in the year after the last year of the development period or, if there be not development period, in the calendar year after the Secretary announces that the construction contemplated in the repayment contract is substantially completed or is advanced to a point where delivery of water can be made to substantially all of the lands in said unit or block to be irrigated; and if there be no development period fixed, that prior to and including the year in which the Secretary makes said announcement water shall be delivered only on the toll charge basis hereinbefore provided for development periods. (e) Contracts to furnish water In lieu of entering into a repayment contract pursuant to the provisions of subsection (d) of this section to cover that part of the cost of the construction of works connected with water supply and allocated to irrigation, the Secretary, in his discretion, may enter into either short- or long-term contracts to furnish water for irrigation purposes. Each such contract shall be for such period, not to exceed forty years, and at such rates as in the Secretarys judgment will produce revenues at least sufficient to cover an appropriate share of the annual operation and maintenance cost and an appropriate share of such fixed charges as the Secretary deems proper, due consideration being given to that part of the cost of construction of works connected with water supply and allocated to irrigation; and shall require payment of said rates each year in advance of delivery of water for said year. In the event such contracts are made for furnishing water for irrigation purposes, the costs of any irrigation water distribution works constructed by the United States in connection with the new project, new division of a project, or supplemental works on a project, shall be covered by a repayment contract entered into pursuant to said subsection (d). (f) Public participation No less than sixty days before entering into or amending any repayment contract or any contract for the delivery of irrigation water (except any contract for the delivery of surplus or interim irrigation water whose duration is for one year or less) the Secretary shall (1) publish notice of the proposed contract or amendment in newspapers of general circulation in the affected area and shall make reasonable efforts to otherwise notify interested parties which may be affected by such contract or amendment, together with information indicating to whom comments or inquiries concerning the proposed actions can be addressed; and (2) provide an opportunity for submission of written data, views and arguments, and shall consider all substantive comments so received. ( Aug. 4, 1939, ch. 418,  9 53 Stat. 1193 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 85611 Aug. 8, 1958 72 Stat. 542 Pub. L. 87613,  2 Aug. 28, 1962 76 Stat. 407 Pub. L. 97293, title II,  226 Oct. 12, 1982 96 Stat. 1273 Pub. L. 11324,  2 Aug. 9, 2013 127 Stat. 498 Pub. L. 11758, div. D, title III,  40335 Nov. 15, 2021 135 Stat. 1025  Editorial Notes  References in Text The Rural Electrification Act of 1936, referred to in subsec. (c)(1), is act May 20, 1936, ch. 432 49 Stat. 1363 section 901 of Title 7 The National Environmental Policy Act of 1969, referred to in subsec. (c)(3), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Federal Power Act, referred to in subsec. (c)(8), is act June 10, 1920, ch. 285 41 Stat. 1063 section 791a of Title 16 Act of September 21, 1959 Pub. L. 86308 Sept. 21, 1959 73 Stat. 584 section 485b1 of this title section 485b1 of this title section 485b of this title Amendments 2021Subsec. (c)(1). Pub. L. 11758,  40335(1) Subsec. (c)(8). Pub. L. 11758,  40335(2) August 9, 2013 August 9, 2013 2013Subsec. (c). Pub. L. 11324 1982Subsec. (f). Pub. L. 97293 1962Subsec. (d)(1). Pub. L. 87613 September 21, 1959 1958Subsec. (d)(3). Pub. L. 85611,  1 Subsec. (d)(5). Pub. L. 85611,  3 section 485c of this title 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Construction With Section 7011 of Title 33 Section as amended and modified by act Dec. 22, 1944, ch. 665,  1(c) 58 Stat. 665 section 7011(c) of Title 33 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. 11758 section 18851 of Title 42 Municipal, Domestic, and Industrial Water Supply Contracts; Renewals; Conforming Amendments to Existing Contracts; Long-Term Contract Defined Pub. L. 8844 June 21, 1963 77 Stat. 68  That the Secretary of the Interior shall, upon request of the other party to any long-term contract for municipal, domestic, or industrial water supply hereafter entered into under clause (2) in the proviso to the first sentence of section 9, subsection (c), of the Reclamation Project Act of 1939 ( 53 Stat. 1195 43 U.S.C. 485h Sec. 2. The Secretary shall also, upon like request, provide in any such long-term contract or in any contract entered into under clause (1) of the proviso aforesaid that the other party to the contract shall, during the term of the contract and of any renewal thereof and subject to fulfillment of all obligations thereunder, have a first right for the purposes stated in the contract (to which right the holders of any other type of contract for municipal, domestic, or industrial water supply shall be subordinate) to a stated share or quantity of the projects water supply available for municipal, domestic, or industrial use. Sec. 3. The Secretary is hereby authorized, upon request by the other party, to negotiate amendments to existing contracts entered into pursuant to the first sentence of section 9, subsection (c), of the Reclamation Project Act of 1939 [subsec. (c) of this section] to conform said contracts to the provisions of this Act. Sec. 4. As used in this Act, the term long-term contract means any contract the term of which is more than ten years. Extension of Variable Payment Plan to Other Organizations Pub. L. 85611,  2 Aug. 8, 1958 72 Stat. 542 The benefits of a variable payment plan as provided in the amendment to paragraph (3) of section 9, subsection (d), of the Reclamation Project Act of 1939 [subsec. (d)(3) of this section] contained in section 1 of this Act may be extended by the Secretary to any organization with which he contracts or has contracted for the repayment of construction costs allocated to irrigation on any project undertaken by the United States, including contracts under the Act of August 11, 1939 53 Stat. 1418 section 8 of the Act of December 22, 1944 58 Stat. 887 section 390 of this title  485h1. Administration of repayment contracts and long-term contracts to furnish water; renewal and conversion; credit for payments; right to available water supply; rates; construction component In administering subsections (d) and (e) of section 485h of this title (1) include in any long-term contract hereafter entered into under subsection (e) of section 485h of this title (2) include in any long-term contract hereafter entered into under subsection (e) of section 485h of this title section 485h of this title section 485h of this title (3) credit each year to every party which has entered into or which shall enter into a long-term contract pursuant to subsection (e) of section 485h of this title July 2, 1956 section 485h of this title (4) provide that the other party to any contract entered into pursuant to subsection (d) of section 485h of this title section 485h of this title 1 1 (5) Provide 2 2 3 3 (6) include a reasonable construction component in the rates set out in any long-term contract hereafter entered into under subsection (e) of section 485h of this title ( July 2, 1956, ch. 492,  1 70 Stat. 483 Pub. L. 96375,  8 Oct. 3, 1980 94 Stat. 1507  Editorial Notes Codification Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter. Amendments 1980Cl. (5). Pub. L. 96375  485h2. Amendments to existing contracts  The Secretary is authorized to negotiate amendments to existing contracts entered into pursuant to subsection (e) of section 485h of this title ( July 2, 1956, ch. 492,  2 70 Stat. 484  Editorial Notes Codification Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.  485h3. Long-term contract defined  As used in sections 485h1 to 485h5 of this title, the term long-term contract shall mean any contract the term of which is more than ten years. ( July 2, 1956, ch. 492,  3 70 Stat. 484  Editorial Notes Codification Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.  485h4. Application of State laws  Nothing in sections 485h1 to 485h5 of this title shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary in carrying out the provisions of such sections, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof: Provided ( July 2, 1956, ch. 492,  4 70 Stat. 484  Editorial Notes Codification Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.  485h5. Supplement to Federal reclamation laws  Sections 485h1 to 485h5 of this title shall be a supplement to the Federal reclamation laws (Act of June 17, 1902 32 Stat. 388 ( July 2, 1956, ch. 492,  5 70 Stat. 484  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title Codification Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.  485h6. Repayment contracts; amendment for provision, addition or modification of irrigation blocks  After the execution of a contract pursuant to the authority of section 9(d)(1) of the Reclamation Project Act of 1939 [ 43 U.S.C. 485h(d)(1) ( Pub. L. 87613,  1 Aug. 28, 1962 76 Stat. 407  Editorial Notes  References in Text That Act, referred to in text, means act Aug. 4, 1939, ch. 418 53 Stat. 1187 section 485j of this title section 485k of this title Codification Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.  485h7. Amendment of repayment contract for payment of annual installments in two parts  In any repayment contract which provides for payment of construction charges by single annual installments, the Secretary may by agreement with the contracting organization amend such contract to provide for the payment of such annual installments in two parts on such dates in the calendar year as may best enable the contracting organization to meet its payments. ( Pub. L. 87613,  3 Aug. 28, 1962 76 Stat. 408  Editorial Notes Codification Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.  485i. Rules and regulations  The Secretary is authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this subchapter into full force and effect. ( Aug. 4, 1939, ch. 418,  15 53 Stat. 1198  485j. Effect on existing laws  The provisions of previous Acts of Congress not inconsistent with the provisions of this subchapter shall remain in full force and effect. ( Aug. 4, 1939, ch. 418,  16 53 Stat. 1198  Statutory Notes and Related Subsidiaries Construction With Other Laws Act Aug. 4, 1939, ch. 418,  18 53 Stat. 1198 Nothing in this Act [see section 485k of this title 45 Stat. 1057  485k. Short title  This subchapter may be cited as the Reclamation Project Act of 1939. ( Aug. 4, 1939, ch. 418,  19 53 Stat. 1198  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this Act, meaning act Aug. 4, 1939, ch. 418 53 Stat. 1187 section 485j of this title Statutory Notes and Related Subsidiaries Short Title of 2013 Amendment Pub. L. 11324,  1 Aug. 9, 2013 127 Stat. 498 This Act [amending section 485h of this title SUBCHAPTER XI MAINTENANCE AND OPERATION OF WORKS GENERALLY  491. Authority of Secretary to operate works  The Secretary of the Interior is authorized and directed to use the reclamation fund for the operation and maintenance of all reservoirs and irrigation works constructed under the provisions of this Act. ( 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 section 371 of this title Codification Section is comprised of part of section 6 of act June 17, 1902 section 498 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  492. Operation and maintenance charges generally  In addition to the construction charge, every water-right applicant, entryman, or landowner under or upon a reclamation project shall also pay, whenever water service is available for the irrigation of his land, an operation and maintenance charge based upon the total cost of operation and maintenance of the project, or each separate unit thereof, and such charge shall be made for each acre-foot of water delivered; but each acre of irrigable land, whether irrigated or not, shall be charged with a minimum operation and maintenance charge based upon the charge for delivery of not less than one acre-foot of water. If the total amount of operation and maintenance charges and penalties collected for any one irrigation season on any project shall exceed the cost of operation and maintenance of the project during that irrigation season, the balance shall be applied to a reduction of the charge on the project for the next irrigation season, and any deficit incurred may likewise be added to the charge for the next irrigation season. ( Aug. 13, 1914, ch. 247,  5 38 Stat. 687  Editorial Notes Codification Section is comprised of part of first sentence and second sentence of section 5 of act Aug. 13, 1914 section 499 of this title  493. Operation charges; date of payment; discount; advance payment  All operation and maintenance charges upon projects existing prior to December 5, 1924 All contracts providing for new projects and new divisions of projects approved after December 5, 1924 1 1 1 1 1 1 ( Aug. 13, 1914, ch. 247,  6 38 Stat. 688 Dec. 5, 1924, ch. 4,  4 43 Stat. 704  Editorial Notes  References in Text Section 438 of this title act Aug. 13, 1953, ch. 428,  10 67 Stat. 568 Sections 463, 467, 473, and 474 of this title, referred to in text, were repealed by act May 25, 1926, ch. 383,  47 44 Stat. 650 Codification First paragraph of this section is comprised of part of first sentence of section 6 of act Aug. 13, 1914 Second paragraph of this section is from act Dec. 5, 1924 Language was inserted in the first paragraph of this section limiting it to projects existing prior to Dec. 5, 1924 Dec. 5, 1924 Statutory Notes and Related Subsidiaries  Definitions The definitions in section 371 of this title  493a. Omitted  Editorial Notes Codification Section, act May 10, 1926, ch. 277 44 Stat. 479 June 30, 1927  494. Pecuniary penalty for nonpayment of operation charge  If any operation or maintenance charge is unpaid on the 1st day of the third calendar month after it became due a penalty of 1 per centum of the amount unpaid shall be added thereto, and thereafter an additional penalty of one-half of 1 per centum of the amount unpaid shall be added on the 1st day of each calendar month if such charge and penalties shall remain unpaid. ( Aug. 13, 1914, ch. 247,  6 38 Stat. 688 Dec. 5, 1924, ch. 4,  4 43 Stat. 703  Editorial Notes Codification Section is comprised of part of first sentence of section 6 of act Aug. 13, 1914 Act Dec. 5, 1924  495. Shutting off water for nonpayment of operation charge  No water shall be delivered to the lands of any water-right applicant or entryman who shall be in arrears for more than one calendar year for the payment of any charge for operation and maintenance. ( Aug. 13, 1914, ch. 247,  6 38 Stat. 688  Editorial Notes Codification Section is comprised of part of first sentence of section 6 of act Aug. 13, 1914  496. Cancellation of entry or water right for nonpayment of operation charge  If any water-right applicant or entryman shall be one year in arrears in the payment of any charge for operation and maintenance and penalties, or any part thereof, his water-right application, and if he be a homestead entryman his entry also, shall be subject to cancellation, and all payments made by him forfeited to the reclamation fund, but no homestead entry shall be subject to contest because of such arrears. ( Aug. 13, 1914, ch. 247,  6 38 Stat. 688  Editorial Notes Codification Section is comprised of second sentence of section 6 of act Aug. 13, 1914  497. Action to recover operation charge and penalty  In the discretion of the Secretary of the Interior suit or action may be brought for the amounts of operation or maintenance charges in default and penalties in like manner as provided in section 481 of this title ( Aug. 13, 1914, ch. 247,  6 38 Stat. 688  Editorial Notes Codification Section is comprised of third sentence of section 6 of act Aug. 13, 1914  498. Transfer of management and operation of works to water users generally  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 ( 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 section 371 of this title Codification Section is comprised of part of section 6 of act June 17, 1902 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  499. Discretionary power to transfer management  Whenever any legally organized water-users association or irrigation district shall so request, the Secretary of the Interior is authorized, in his discretion, to transfer to such water-users association or irrigation district the care, operation, and maintenance of all or any part of the project works, subject to such rules and regulations as he may prescribe. ( Aug. 13, 1914, ch. 247,  5 38 Stat. 687  Editorial Notes Codification Section is comprised of part of first sentence of section 5 of act Aug. 13, 1914 section 492 of this title  499a. Transfer of title to movable property; use of appropriations  Whenever an irrigation district, municipality, or water users organization assumes operation and maintenance of works constructed to furnish or distribute a water supply pursuant to a contract entered into with the United States in accordance with the Federal reclamation laws (Act of June 17, 1902 32 Stat. 388 ( July 29, 1954, ch. 616 68 Stat. 580 Aug. 2, 1956, ch. 884 70 Stat. 940 Pub. L. 8948,  1 June 24, 1965 79 Stat. 172  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title Amendments 1965 Pub. L. 8948 section 1 of the Act of July 29, 1954 July 29, 1954 June 17, 1902 32 Stat. 388 1956Act Aug. 2, 1956 Short Title This section is popularly known as the Title to Movable Property Act.  499b. Transfer to municipal corporations or other organizations of care, operation, and maintenance of works supplying water for municipal, domestic, or industrial use  Whenever a municipal corporation or other organization to which water for municipal, domestic, or industrial use is furnished or distributed under a contract entered into with the United States pursuant to the Federal reclamation laws so requests, the Secretary of the Interior is authorized to transfer to it or its nominee the care, operation, and maintenance of the works by which such water supply is made available or such part of those works as, in his judgment, is appropriate in the circumstances, subject to such terms and conditions as he may prescribe. ( Pub. L. 8948,  2 June 24, 1965 79 Stat. 172  Editorial Notes  References in Text The Federal reclamation laws, referred to in text, probably means the Act of June 17, 1902, ch. 1093 32 Stat. 388 June 17, 1902 section 371 of this title  500. Duty of association or district to take over management  Whenever two-thirds of the irrigable area of any project, or division of a project, shall be covered by water-right contracts between the water users and the United States, said project shall be required, as a condition precedent to receiving the benefits of sections 371, 376, 377, 412, 417, 433, 438, 1 1 1 1 1 1 ( Dec. 5, 1924, ch. 4,  4 43 Stat. 702  Editorial Notes  References in Text Section 438 of this title act Aug. 13, 1953, ch. 428,  10 67 Stat. 568 Sections 463, 467, 473, and 474 of this title, referred to in text, were repealed by act May 25, 1926, ch. 383,  47 44 Stat. 650 Statutory Notes and Related Subsidiaries  Definitions The definitions in section 371 of this title  501. Disposition of profits of project taken over by water users  Whenever the water users take over the care, operation, and maintenance of a project, or a division of a project, the total accumulated net profits, as determined by the Secretary, derived from the operation of project power plants, leasing of project grazing and farm lands, and the sale or use of town sites shall be credited to the construction charge of the project, or a division thereof, and thereafter the net profits from such sources may be used by the water users to be credited annually, first, on account of project construction charge, second, on account of project operation and maintenance charge, and third, as the water users may direct. No distribution to individual water users shall be made out of any such profits before all obligations to the Government shall have been fully paid. ( Dec. 5, 1924, ch. 4,  4 43 Stat. 703  Statutory Notes and Related Subsidiaries  Definitions The definitions in section 371 of this title  502. Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law  In order to assure continuous operation of all projects and project facilities governed by the Federal reclamation law (Act of June 17, 1902 32 Stat. 388 August 6, 1956 70 Stat. 1044 43 U.S.C. 422a May 14, 1956 69 Stat. 244 ( June 26, 1948, ch. 676,  1 62 Stat. 1052 Pub. L. 97275 Oct. 1, 1982 96 Stat. 1185  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title The Small Reclamation Projects Act, referred to in text, probably means the Small Reclamation Projects Act of 1956, act Aug. 6, 1956, ch. 972 70 Stat. 1044 section 422k of this title The Distribution System Loans Act (Act of May 14, 1956 69 Stat. 244 act July 4, 1955, ch. 271 69 Stat. 244 Act May 14, 1956, ch. 268 70 Stat. 155 section 421c of this title Amendments 1982 Pub. L. 97275 June 17, 1902 32 Stat. 388 August 6, 1956 70 Stat. 1044 May 14, 1956 69 Stat. 244 Statutory Notes and Related Subsidiaries Emergency Drought Authority Pub. L. 100387, title IV Aug. 11, 1988 102 Stat. 957  part 1 reclamation states drought assistance SEC. 411. SHORT TITLE. This part may be cited as the Reclamation States Drought Assistance Act of 1988. SEC. 412. ASSISTANCE DURING DROUGHT. The Secretary of the Interior, acting under the authorities of the Federal reclamation laws (the Act of June 17, 1902 32 Stat. 388 section 371 of this title (1) (A) perform studies to identify opportunities to augment, make use of, or conserve water supplies available to Federal reclamation projects and Indian water resource developments, which studies shall be completed no later than March 1, 1990 (B) consistent with existing contractual arrangements and State law, and without further authorization, undertake construction, management, and conservation activities that will mitigate or can be expected to have an effect in mitigating losses and damages resulting from drought conditions in 1987, 1988, or 1989, which construction shall be completed by December 31, 1989 (2) assist willing buyers in their purchase of available water supplies from willing sellers and redistribute such water based upon priorities to be determined by the Secretary consistent with State law, with the objective of minimizing losses and damages resulting from drought conditions in 1987, 1988, and 1989. SEC. 413. AVAILABILITY OF WATER ON A TEMPORARY BASIS. (a)  General Authority The Secretary of the Interior may make available, by contract, consistent with existing contracts or agreements and State law, water or canal capacity at existing Federal reclamation projects to water users and others, on a temporary basis to mitigate losses and damages resulting from drought conditions in 1987, 1988, and 1989. (b)  Contracts Any contract signed under this section shall provide that (1) the price for the use of such water shall be at least sufficient to recover all Federal operation and maintenance costs, and an appropriate share of capital costs, except that, for water delivered to a landholding in excess of 960 acres of class I lands or the equivalent thereof for a qualified recipient and 320 acres of class I lands or the equivalent thereof for a limited recipient, the cost of such water shall be full cost (as defined in section 202(3)(A) of Public Law 97293 43 U.S.C. 390bb (2) the lands not now subject to reclamation law that receive temporary irrigation water supplies under this section shall not become subject to the ownership limitations of Federal reclamation law because of the delivery of such temporary water supplies; (3) the lands that are subject to the ownership limitations of Federal reclamation law shall not be exempted from those limitations because of the delivery of such temporary water supplies; and (4) the contract shall terminate no later than December 31, 1989 (c)  Fish and Wildlife The Secretary may make available water for the purposes of protecting fish and wildlife resources, including mitigating losses that occur as a result of drought conditions. SEC. 414. EMERGENCY LOAN PROGRAM. The Secretary of the Interior may make loans to water users for the purposes of undertaking management, conservation activities, or the acquisition and transportation of water consistent with State law, that can be expected to have an effect in mitigating losses and damages resulting from drought conditions in 1987, 1988, and 1989. Such loans shall be made available under such terms and conditions as the Secretary deems appropriate. Section 203(a) of the Reclamation Reform Act of 1982 ( Public Law 97293 43 U.S.C. 390cc SEC. 415. INTERAGENCY COORDINATION. The program established by this part, to the extent practicable, shall be coordinated with emergency and disaster relief operations conducted by other Federal and State agencies under other provisions of law. The Secretary of the Interior shall consult such other Federal and State agencies as he deems necessary. Other Federal agencies performing relief functions under other Federal authorities shall provide the Secretary with information and records that the Secretary deems necessary for the administration of this part. SEC. 416. REPORT. Not later than March 1, 1990 (1) expenditures and accomplishments under this part; (2) legislative and administrative recommendations for responding to droughts and drought related problems in the Reclamation States; and (3) structural and non-structural measures to mitigate the effects of droughts. SEC. 417. CARRYOVER STORAGE AND WATER, NEW MELONES UNIT, CENTRAL VALLEY PROJECT, CALIFORNIA. The first undesignated paragraph under the heading San Joaquin River Basin in section 203 of the Flood Control Act of 1962 ( Public Law 87874 76 Stat. 1191 And provided further SEC. 418. INITIATION AND DEADLINE OF EMERGENCY DROUGHT PROGRAM. (a)  Limitation The programs and authorities established under this part shall become operative in any Reclamation State only after (1) the Governor of that State has declared a drought emergency; and (2) the affected area is declared eligible for Federal disaster relief under applicable rules and regulations. (b)  Termination The programs and authorities established under this part shall terminate on December 31, 1989 part 2 water project SEC. 421. CENTRAL VALLEY PROJECT WATER RELEASES. The Secretary of the Interior is authorized to install a temperature control curtain as a demonstration project at Shasta Dam, Central Valley project, California, at a cost not to exceed $5,500,000. The purpose of the demonstration project is to determine the effectiveness of the temperature control curtain in controlling the temperature of water releases from Shasta Dam, so as to protect and enhance anadromous fisheries in the Sacramento River and San Francisco Bay/Sacramento-San Joaquin Delta and Estuary[.] part 3 authorization and savings clause SEC. 431. AUTHORIZATION OF APPROPRIATIONS. (a) There are authorized to be appropriated a total amount not to exceed $25,000,000 for section 412(1)(B) and section 414 of this subtitle. (b) Unless otherwise specified, there are authorized to be appropriated such sums as may be necessary to carry out the remaining provisions of this subtitle. SEC. 432. SAVINGS CLAUSE. Nothing in this subtitle shall be construed as limiting or restricting the power and authority of the United States or (1) as affecting in any way any law governing appropriation or use of, or Federal right to, water on public lands; (2) as expanding or diminishing Federal or State jurisdiction, responsibility, interests, or rights in water resources development or control; (3) as displacing, superseding, limiting, or modifying any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more States or of two States and the Federal Government; (4) as superseding, modifying, or repealing, except as specifically set forth in this subtitle, existing law applicable to the various Federal agencies; or (5) as modifying the terms of any interstate compact. Use of Western Area Power Administration Continuing Fund To Pay for Purchase Power and Wheeling Expenses To Meet Contractual Obligations During Periods of Below-Average Hydropower Generation Pub. L. 101101, title III Sept. 29, 1989 103 Stat. 661 That, the continuing fund established in Public Law 9850 July 14, 1983 97 Stat. 247 Emergency Fund Provisions relating to appropriations for the emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law were contained in the following appropriation acts: Pub. L. 103316, title II Aug. 26, 1994 108 Stat. 1714 Pub. L. 103126, title II Oct. 28, 1993 107 Stat. 1324 Pub. L. 102377, title II Oct. 2, 1992 106 Stat. 1329 Pub. L. 102104, title II Aug. 17, 1991 105 Stat. 524 Pub. L. 101514, title II Nov. 5, 1990 104 Stat. 2085 Pub. L. 101101, title II Sept. 29, 1989 103 Stat. 654 Pub. L. 100371, title II July 19, 1988 102 Stat. 864 Pub. L. 100202,  101(d) [title II] Dec. 22, 1987 101 Stat. 1329104 Pub. L. 99500,  101(e) [title II] Oct. 18, 1986 100 Stat. 1783194 Pub. L. 99591,  101(e) [title II] Oct. 30, 1986 100 Stat. 3341194 Pub. L. 99141, title II, title III Nov. 1, 1985 99 Stat. 569 Pub. L. 98360, title II, title III July 16, 1984 98 Stat. 409 Pub. L. 9850, title II, title III July 14, 1983 97 Stat. 252 Pub. L. 9788, title III Dec. 4, 1981 95 Stat. 1145 Pub. L. 96367, title I Oct. 1, 1980 94 Stat. 1335 Pub. L. 9669, title I Sept. 25, 1979 93 Stat. 440 Pub. L. 94355, title III July 12, 1976 89 Stat. 895 Pub. L. 93393, title III Aug. 28, 1974 88 Stat. 787 Pub. L. 9397, title III Aug. 16, 1973 87 Stat. 321 Pub. L. 92134, title III Oct. 5, 1971 85 Stat. 370 Pub. L. 91144, title III Dec. 11, 1969 83 Stat. 331 Pub. L. 89689, title II Oct. 15, 1966 80 Stat. 1008 Pub. L. 88511, title II Aug. 30, 1964 78 Stat. 687 Pub. L. 87880, title II Oct. 24, 1962 76 Stat. 1221 Temporary Authority of Secretary of the Interior To Facilitate Emergency Actions With Regard to 19761977 Drought Pub. L. 9518 Apr. 7, 1977 91 Stat. 36 Pub. L. 95107 Aug. 17, 1977 91 Stat. 870 Pub. L. 95226 Feb. 7, 1978 92 Stat. 10 May 1, 1978 Nov. 30, 1977 Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title  503. Unusual or emergency conditions defined  The term unusual or emergency conditions, as used in section 502 of this title ( June 26, 1948, ch. 676,  2 62 Stat. 1052  504. Rehabilitation and betterment of Federal reclamation projects, including small reclamation projects; return of costs; interest; definitions; performance of work  Expenditures of funds hereafter specifically appropriated for rehabilitation and betterment of any project constructed under authority of the Small Reclamation Projects Act (Act of August 6, 1956 70 Stat. 1044 43 U.S.C. 422a June 17, 1902 32 Stat. 388 Provided Provided section 485a(d) of this title ( Oct. 7, 1949, ch. 650,  1 63 Stat. 724 Mar. 3, 1950, ch. 47 64 Stat. 11 Pub. L. 94102 Oct. 3, 1975 89 Stat. 485 Pub. L. 103437,  16(c) Nov. 2, 1994 108 Stat. 4594  Editorial Notes  References in Text The Small Reclamation Projects Act, referred to in text, probably means the Small Reclamation Projects Act of 1956, act Aug. 6, 1956, ch. 972 70 Stat. 1044 section 422k of this title Act of June 17, 1902 section 371 of this title Amendments 1994 Pub. L. 103437 1975 Pub. L. 94102 1950Act Mar. 3, 1950 Provided Statutory Notes and Related Subsidiaries Short Title Act Oct. 7, 1949, ch. 650 63 Stat. 724 Supplemental to Federal Reclamation Laws Act Oct. 7, 1949, ch. 650,  2 63 Stat. 725 This Act [enacting this section] shall be deemed a supplement to the Federal reclamation laws.  505. Drainage facilities and minor construction in irrigation works; contracts with repayment organizations; limitation on costs; submission of contract to Congress  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 August 11, 1939 53 Stat. 1418 16 U.S.C. 590y Provided ( June 13, 1956, ch. 382 70 Stat. 274  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title Act of August 11, 1939  505a. Definitions In sections 505a to 505a2 of this title: (1) Asset (A) In general The term asset means any of the following assets that are used to achieve the mission of the Bureau to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the United States: (i) Capitalized facilities, buildings, structures, project features, power production equipment, recreation facilities, or quarters. (ii) Capitalized and noncapitalized heavy equipment and other installed equipment. (B) Inclusions The term asset includes assets described in subparagraph (A) that are considered to be mission critical. (2) Asset Management Report The term Asset Management Report means (A) the annual plan prepared by the Bureau known as the Asset Management Plan; and (B) any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau to evaluate and manage infrastructure assets of the Bureau. (3) Major repair and rehabilitation need The term major repair and rehabilitation need means major nonrecurring maintenance at a Reclamation facility, including maintenance related to the safety of dams, extraordinary maintenance of dams, deferred major maintenance activities, and all other significant repairs and extraordinary maintenance. ( Pub. L. 1169, title VIII,  8601 Mar. 12, 2019 133 Stat. 827  Editorial Notes  References in Text Sections 505a to 505a2 of this title, referred to in text, was in the original this part, which was translated as reading this subtitle, meaning subtitle G of title VIII of Pub. L. 1169 Pub. L. 1169  505a1. Asset Management Report enhancements for reserved works (a) In general Not later than 2 years after March 12, 2019 (1) describes the efforts of the Bureau (A) to maintain in a reliable manner all reserved works at Reclamation facilities; and (B) to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining reserved works at Reclamation facilities; and (2) expands on the information otherwise provided in an Asset Management Report, in accordance with subsection (b). (b) Infrastructure maintenance needs assessment (1) In general The Asset Management Report submitted under subsection (a) shall include (A) a detailed assessment of major repair and rehabilitation needs for all reserved works at all Reclamation projects; and (B) to the maximum extent practicable, an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project. (2) Inclusions To the maximum extent practicable, the itemized list of major repair and rehabilitation needs under paragraph (1)(B) shall include (A) a budget level cost estimate of the appropriations needed to complete each item; and (B) an assignment of a categorical rating for each item, consistent with paragraph (3). (3) Rating requirements (A) In general The system for assigning ratings under paragraph (2)(B) shall be (i) consistent with existing uniform categorization systems to inform the annual budget process and agency requirements; and (ii) subject to the guidance and instructions issued under subparagraph (B). (B) Guidance As soon as practicable after March 12, 2019 (4) Public availability Except as provided in paragraph (5), the Secretary shall make publicly available, including on the internet, the Asset Management Report required under subsection (a). (5) Confidentiality The Secretary may exclude from the public version of the Asset Management Report made available under paragraph (4) any information that the Secretary identifies as sensitive or classified, but shall make available to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a version of the report containing the sensitive or classified information. (c) Updates Not later than 2 years after the date on which the Asset Management Report is submitted under subsection (a) and biennially thereafter, the Secretary shall update the Asset Management Report, subject to the requirements of section 505a2(b)(2) of this title (d) Consultation To the extent that such consultation would assist the Secretary in preparing the Asset Management Report under subsection (a) and updates to the Asset Management Report under subsection (c), the Secretary shall consult with (1) the Secretary of the Army (acting through the Chief of Engineers); and (2) water and power contractors. ( Pub. L. 1169, title VIII,  8602 Mar. 12, 2019 133 Stat. 827  Statutory Notes and Related Subsidiaries  Definition of Secretary Secretary means the Secretary of the Interior, see section 2 of Pub. L. 1169 section 1 of Title 16  505a2. Asset Management Report enhancements for transferred works (a) In general The Secretary shall coordinate with the non-Federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for Asset Management Reports with respect to major repair and rehabilitation needs for transferred works that are similar to the reporting requirements described in section 505a1(b) of this title (b) Guidance (1) In general After considering input from water and power contractors of the Bureau, the Secretary shall develop and implement a rating system for transferred works that incorporates, to the maximum extent practicable, the rating system for major repair and rehabilitation needs for reserved works developed under section 505a1(b)(3) of this title (2) Updates The ratings system developed under paragraph (1) shall be included in the updated Asset Management Reports under section 505a1(c) of this title ( Pub. L. 1169, title VIII,  8603 Mar. 12, 2019 133 Stat. 828  Statutory Notes and Related Subsidiaries  Definition of Secretary Secretary means the Secretary of the Interior, see section 2 of Pub. L. 1169 section 1 of Title 16 SUBCHAPTER XIA RECLAMATION SAFETY OF DAMS  506. Authority of Secretary to make modifications  In order to preserve the structural safety of Bureau of Reclamation dams and related facilities the Secretary of the Interior is authorized to perform such modifications as he determines to be reasonably required. Said performance of work shall be in accordance with the Federal reclamation laws (Act of June 17, 1902 32 Stat. 388 ( Pub. L. 95578,  2 Nov. 2, 1978 92 Stat. 2471  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title Statutory Notes and Related Subsidiaries Short Title of 1984 Amendment Pub. L. 98404,  1 Aug. 28, 1984 98 Stat. 1481 That this Act [amending sections 508 and 509 of this title] may be cited as The Reclamation Safety of Dams Act Amendments of 1984. Short Title of 1978 Amendment Pub. L. 95578,  1 Nov. 2, 1978 92 Stat. 2471 That this Act [enacting this subchapter and amending section 1511 of this title Facilities Included Within Scope of Reclamation Safety of Dams Act of 1978 Pub. L. 95578,  12 Pub. L. 98404,  1(4) Aug. 28, 1984 98 Stat. 1482 Included within the scope of this Act [this subchapter] are Fish Lake, Four Mile, Ochoco, Savage Rapids Diversion and Warm Springs Dams, Oregon; Como Dam, Montana; Little Wood River Dam, Idaho; and related facilities which have been made a part of a Federal reclamation project by previous Acts of Congress. Coolidge Dam, San Carlos Irrigation Project, Arizona, shall also be included within the scope of this Act.  507. Construction for dam safety  Except as provided in section 509b of this title ( Pub. L. 95578,  3 Nov. 2, 1978 92 Stat. 2471 Pub. L. 114113, div. D, title II,  203(1) Dec. 18, 2015 129 Stat. 2406  Editorial Notes Amendments 2015 Pub. L. 114113 section 509b of this title  508. Costs incurred in the modification of structures (a) Costs resulting from age and normal deterioration or lack of maintenance of structures Costs heretofore or hereafter incurred in the modification of structures under this subchapter, the cause of which results from age and normal deterioration of the structure or from nonperformance of reasonable and normal maintenance of the structure by the operating entity shall be considered as project costs and will be allocated to the purposes for which the structure was authorized initially to be constructed and will be reimbursable as provided by existing law. (b) Nonreimbursable costs resulting from new hydrologic or seismic data or changes in criteria With respect to the $100,000,000 authorized to be appropriated in the Reclamation Safety of Dams Act of 1978 [ 43 U.S.C. 509 (c) Reimbursement of certain modification costs With respect to the additional amounts authorized to be appropriated by section 509 of this title (1) Fifteen percent of such costs shall be allocated to the authorized purposes of the structure, except that in the case of Jackson Lake Dam, Minidoka Project, Idaho-Wyoming, such costs shall be allocated in accordance with the allocation of operation and maintenance charges. (2) Costs allocated to irrigation water service and capable of being repaid by the irrigation water users shall be reimbursed within 50 years of the year in which the work undertaken pursuant to this subchapter is substantially complete. Costs allocated to irrigation water service which are beyond the water users ability to pay shall be reimbursed in accordance with existing law. (3) Costs allocated to recreation or fish and wildlife enhancement shall be reimbursed in accordance with the Federal Water Project Recreation Act ( 79 Stat. 213 16 U.S.C. 460 l (4) Costs allocated to the purpose of municipal, industrial, and miscellaneous water service, commercial power, and the portion of recreation and fish and wildlife enhancement costs reimbursable under the Federal Water Project Recreation Act [ 16 U.S.C. 460 l (d) Contracts for return of costs The Secretary is authorized to negotiate appropriate contracts with project beneficiaries providing for the return of reimbursable costs under this subchapter: Provided, however section 390cc(a) of this title (e) Cost containment; modification status (1) During the construction of the modification, the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification. (2) The Secretary shall provide to project beneficiaries on a periodic basis notice regarding the costs and status of the modification. ( Pub. L. 95578,  4 Nov. 2, 1978 92 Stat. 2471 Pub. L. 98404,  1(1) Aug. 28, 1984 98 Stat. 1481 Pub. L. 106377,  1(a)(2) [title II] Oct. 27, 2000 114 Stat. 1441 Pub. L. 107117, div. B,  503(1) Jan. 10, 2002 115 Stat. 2308 Pub. L. 108439 Dec. 3, 2004 118 Stat. 2627  Editorial Notes  References in Text The $100,000,000 authorized to be appropriated in the Reclamation Safety of Dams Act of 1978, referred to in subsec. (b), probably refers to the authorization originally contained in section 509 of this title section 509 of this title The Federal Reclamation law, referred to in subsec. (b), probably means act June 17, 1902, ch. 1093 32 Stat. 388 section 506 of this title June 17, 1902 June 17, 1902 section 371 of this title The Federal Water Project Recreation Act, referred to in subsec. (c)(3), (4), is Pub. L. 8972 July 9, 1965 79 Stat. 213 l l Amendments 2004Subsec. (c). Pub. L. 108439,  1(a) section 509 of this title Subsec. (e). Pub. L. 108439,  2(a) 2002Subsec. (c). Pub. L. 107117 2000Subsec. (c). Pub. L. 106377 1984Subsec. (b). Pub. L. 98404,  1(1) Subsecs. (c), (d). Pub. L. 98404,  1(2)  509. Authorization of appropriations; report to Congress  There are hereby authorized to be appropriated for fiscal year 1979 and ensuing fiscal years such sums as may be necessary and, effective October 1, 1983 October 1, 1983 October 1, 2000 October 1, 2000 October 1, 2001 October 1, 2001 October 1, 2003 October 1, 2003 October 1, 2015 October 1, 2003 Provided October 1, 2003 October 1, 2015 ( Pub. L. 95578,  5 Nov. 2, 1978 92 Stat. 2471 Pub. L. 98404,  1(3) Aug. 28, 1984 98 Stat. 1482 Pub. L. 106377,  1(a)(2) [title II] Oct. 27, 2000 114 Stat. 1441 Pub. L. 107117, div. B,  503(2) Jan. 10, 2002 115 Stat. 2308 Pub. L. 108439,  1(b) Dec. 3, 2004 118 Stat. 2627 Pub. L. 114113, div. D, title II,  204 Dec. 18, 2015 129 Stat. 2406  Editorial Notes Amendments 2015 Pub. L. 114113,  204(b) October 1, 2015 Pub. L. 114113,  204(a) October 1, 2015 October 1, 2003 October 1, 2003 October 1, 2003 2004 Pub. L. 108439 October 1, 2003 October 1, 2003 October 1, 2001 October 1, 2003 2002 Pub. L. 107117 October 1, 2001 October 1, 2001 October 1, 2000 2000 Pub. L. 106377 October 1, 2000 October 1, 2000 October 1, 1983 1984 Pub. L. 98404 October 1, 1983 October 1, 1983 Provided Provided  509a. Project beneficiaries (a) Notice of modification On identifying a Bureau of Reclamation facility for modification, the Secretary shall provide to the project beneficiaries written notice (1) describing the need for the modification and the process for identifying and implementing the modification; and (2) summarizing the administrative and legal requirements relating to the modification. (b) Consultation The Secretary shall (1) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the proposed modification; and (2) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in paragraph (1). (c) Alternatives (1) Prior to submitting the reports required under section 509 of this title (2) The Secretary shall provide to the project beneficiary a timely written response describing proposed actions, if any, to address the recommendation. (3) The response of the Secretary shall be included in the reports required by section 509 of this title (d) Waiver The Secretary may waive 1 or more of the requirements of subsections (a), (b), and (c), if the Secretary determines that implementation of the requirement could have an adverse impact on dam safety or security. ( Pub. L. 95578,  5A Pub. L. 108439,  2(b) Dec. 3, 2004 118 Stat. 2627  509b. Additional project benefits through the construction of new or supplementary works  Notwithstanding section 507 of this title section 506 of this title June 17, 1902 43 U.S.C. 371 ( Pub. L. 95578,  5B Pub. L. 114113, div. D, title II,  203(2) Dec. 18, 2015 129 Stat. 2406  Editorial Notes  References in Text Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title SUBCHAPTER XIB AGING INFRASTRUCTURE  510. Definitions In this subchapter: (1) Inspection The term inspection means an inspection of a project facility carried out by the Secretary (A) to assess and determine the general condition of the project facility; and (B) to estimate the value of property, and the size of the population, that would be at risk if the project facility fails, is breached, or otherwise allows flooding to occur. (2) Project facility The term project facility means any part or incidental feature of a project, excluding high- and significant-hazard dams, constructed under the Federal reclamation law (the Act of June 17, 1902 32 Stat. 388 43 U.S.C. 371 1 1 (3) Reserved works The term reserved works mean 2 2 (4) Secretary The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. (5) Transferred works The term transferred works means a project facility, the operation and maintenance of which is carried out by a non-Federal entity, under the provisions of a formal operation and maintenance transfer contract. (6) Transferred works operating entity The term transferred works operating entity means the organization which is contractually responsible for operation and maintenance of transferred works. (7) Extraordinary operation and maintenance work The term extraordinary operation and maintenance work means major, nonrecurring maintenance to Reclamation-owned or operated facilities, or facility components, that is (A) intended to ensure the continued safe, dependable, and reliable delivery of authorized project benefits; and (B) greater than 10 percent of the contractors or the transferred works operating entitys annual operation and maintenance budget for the facility, or greater than $100,000. ( Pub. L. 11111, title IX,  9601 Mar. 30, 2009 123 Stat. 1346  Editorial Notes  References in Text Act of June 17, 1902 32 Stat. 388 section 371 of this title  510a. Guidelines and inspection of project facilities and technical assistance to transferred works operating entities (a) Guidelines and inspections (1) Development of guidelines Not later than 1 year after March 30, 2009 (2) Conduct of inspections Not later than 3 years after March 30, 2009 (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 entitys 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. 11111, title IX,  9602 Mar. 30, 2009 123 Stat. 1347  510b. Extraordinary operation and maintenance work performed by the Secretary (a) In general The Secretary or the transferred works operating entity may carry out, in accordance with subsection (b) and consistent with existing transfer contracts, any extraordinary operation and maintenance work on a project facility that the Secretary determines to be reasonably required to preserve the structural safety of the project facility. (b) Reimbursement of costs arising from extraordinary operation and maintenance work (1) Treatment of costs For reserved works, costs incurred by the Secretary in conducting extraordinary operation and maintenance work will be allocated to the authorized reimbursable purposes of the project and shall be repaid within 50 years, with interest, from the year in which work undertaken pursuant to this subchapter is substantially complete. (2) Authority of Secretary For transferred works, the Secretary is authorized to advance the costs incurred by the transferred works operating entity in conducting extraordinary operation and maintenance work and negotiate appropriate 50-year repayment contracts with project beneficiaries providing for the return of reimbursable costs, with interest, under this subsection: Provided, however, That no contract entered into pursuant to this subchapter shall be deemed to be a new or amended contract for the purposes of section 390cc(a) of this title (3) Determination of interest rate The interest rate used for computing interest on work in progress and interest on the unpaid balance of the reimbursable costs of extraordinary operation and maintenance work authorized by this subchapter shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which extraordinary operation and maintenance work is commenced, on the basis of average market yields on outstanding marketable obligations of the United States with the remaining periods of maturity comparable to the applicable reimbursement period of the project, adjusted to the nearest 18 of 1 percent on the unamortized balance of any portion of the loan. (c) Emergency extraordinary operation and maintenance work (1) In general The Secretary or the transferred works operating entity shall carry out any emergency extraordinary operation and maintenance work on a project facility that the Secretary determines to be necessary to minimize the risk of imminent harm to public health or safety, or property. (2) Reimbursement The Secretary may advance funds for emergency extraordinary operation and maintenance work and shall seek reimbursement from the transferred works operating entity or benefitting entity upon receiving a written assurance from the governing body of such entity that it will negotiate a contract pursuant to this section for repayment of costs incurred by the Secretary in undertaking such work. (3) Funding If the Secretary determines that a project facility inspected and maintained pursuant to the guidelines and criteria set forth in section 510a(a) of this title (d) Aging Infrastructure Account (1) Establishment There is established in the general fund of the Treasury a special account, to be known as the Aging Infrastructure Account (referred to in this subsection as the Account), to provide funds to, and provide for the extended repayment of the funds by, a transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs for the conduct of extraordinary operation and maintenance work at a project facility, which shall consist of (A) any amounts that are specifically appropriated to the Account under section 510d of this title (B) any amounts deposited in the Account under paragraph (3)(B). (2) Expenditures Subject to paragraphs (3) and (6), the Secretary may expend amounts in the Account to fund and provide for extended repayment of the funds for eligible projects identified in a report submitted under paragraph (5)(B). (3) Repayment contract (A) In general The Secretary may not expend amounts under paragraph (2) with respect to an eligible project described in that paragraph unless the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs has entered into a contract to repay the amounts under subsection (b)(2). (B) Deposit of repaid funds Amounts repaid by a transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs receiving funds under a repayment contract entered into under this subsection shall be deposited in the Account and shall be available to the Secretary for expenditure, subject to paragraph (6), in accordance with this subsection, and without further appropriation. (4) Application for funding (A) In general Beginning with fiscal year 2022, not less than once per fiscal year, the Secretary shall accept, during an application period established by the Secretary, applications from transferred works operating entities or project beneficiaries responsible for payment of reimbursable costs for funds and extended repayment for eligible projects. (B) Eligible project A project eligible for funding and extended repayment under this subsection is a project that (i) qualifies as an extraordinary operation and maintenance work under this section; (ii) is for the major, non-recurring maintenance of a mission-critical asset; and (iii) is not eligible to be carried out or funded under the repayment provisions of section 508(c) of this title (C) Guidelines for applications Not later than 60 days after December 27, 2020 (i) a description of the project for which the funds are requested; (ii) the amount of funds requested; (iii) the repayment period requested by the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs; (iv) alternative non-Federal funding options that have been evaluated; (v) the financial justification for requesting an extended repayment period; and (vi) the financial records of the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs. (D) Review by the Secretary The Secretary shall review each application submitted under subparagraph (A) (i) to determine whether the project is eligible for funds and an extended repayment period under this subsection; (ii) to determine if the project has been identified by the Bureau of Reclamation as part of the major rehabilitation and replacement of a project facility; and (iii) to conduct a financial analysis of (I) the project; and (II) repayment capability of the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs. (5) Report Not later than 90 days after the date on which an application period closes under paragraph (4)(A), the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Natural Resources and Appropriations of the House of Representatives a report that (A) describes the results of the Secretarys review of each application under paragraph (4)(D), including a determination of whether the project is eligible; (B) identifies each project eligible for funds and extended repayment under this subsection; (C) with respect to each eligible project identified under subparagraph (B), includes (i) a description of (I) the eligible project; (II) the anticipated cost and duration of the eligible project; (III) any remaining engineering or environmental compliance that is required before the eligible project commences; (IV) any recommendations the Secretary may have concerning the plan or design of the project; and (V) any conditions the Secretary may require for construction of the project; (ii) an analysis of (I) the repayment period proposed in the application; and (II) if the Secretary recommends a minimum necessary repayment period that is different than the repayment period proposed in the application, the minimum necessary repayment period recommended by the Secretary; and (iii) an analysis of alternative non-Federal funding options; (D) describes the allocation of funds from deposits into the Account under paragraph (3)(B); and (E) describes the balance of funds in the Account as of the date of the report. (6) Alternative allocation (A) In general Appropriations Acts may provide for alternate allocation of amounts reported pursuant to paragraph (5)(D) that are made available under this subsection. (B) Allocation by Secretary (i) No alternate allocations If Congress has not enacted legislation establishing alternate allocations by the date on which the Act making full-year appropriations for energy and water development and related agencies for the applicable fiscal year is enacted into law, amounts made available under paragraph (1) shall be allocated by the Secretary. (ii) Insufficient alternate allocations If Congress enacts legislation establishing alternate allocations for amounts made available under paragraph (1) that are less than the full amount appropriated under that paragraph, the difference between the amount appropriated and the alternate allocation shall be allocated by the Secretary. (7) Effect of subsection Nothing in this subsection affects (A) any funding provided, or contracts entered into, under subsection (a) before December 27, 2020 (B) the use of funds otherwise made available to the Secretary to carry out subsection (a). ( Pub. L. 11111, title IX,  9603 Mar. 30, 2009 123 Stat. 1348 Pub. L. 116260, div. FF, title XI,  1101 Dec. 27, 2020 134 Stat. 3221  Editorial Notes Amendments 2020Subsec. (d). Pub. L. 116260  510c. Relationship to Twenty-First Century Water Works Act  Nothing in this subchapter shall preclude a transferred works operating entity from applying and receiving a loan-guarantee pursuant to the Twenty-First Century Water Works Act [ 43 U.S.C. 2421 ( Pub. L. 11111, title IX,  9604 Mar. 30, 2009 123 Stat. 1349  Editorial Notes  References in Text The Twenty-First Century Water Works Act, referred to in text, is title II of Pub. L. 109451 Dec. 22, 2006 120 Stat. 3356 section 2401 of this title  510d. Authorization of appropriations  There are authorized to be appropriated such sums as are necessary to carry out this subchapter. ( Pub. L. 11111, title IX,  9605 Mar. 30, 2009 123 Stat. 1349 SUBCHAPTER XII CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR PAYMENT OF CHARGES  511. Authority to contract with irrigation district  In carrying out the purposes of the Act of June 17, 1902 32 Stat. 388 Provided ( May 15, 1922, ch. 190,  1 42 Stat. 541  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title  512. Release of Government liens after contract with irrigation districts  Patents and water-right certificates which shall be issued after May 15, 1922 Provided Provided further ( May 15, 1922, ch. 190,  2 42 Stat. 542  Editorial Notes  References in Text Subchapter XIV ( 541 et seq.) of this chapter, referred to in text, was in the original a reference to act Aug. 9, 1912 37 Stat. 265  513. Lands in project subject to provisions of chapter; after contract with irrigation district  Upon the execution of any contract between the United States and any irrigation district pursuant to sections 511 and 512 of this title the public lands included within such irrigation district, when subject to entry, and entered lands within such irrigation district, for which no final certificates shall have been issued and which may be designated by the Secretary of the Interior in said contract, shall be subject to all the provisions of chapter 13 of this title: Provided section 623 of this title ( May 15, 1922, ch. 190,  3 42 Stat. 542 SUBCHAPTER XIII SALE OR LEASE OF SURPLUS WATERS, WATER POWER, STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES  521. Sale of surplus waters generally  The Secretary of the Interior in connection with the operations under the reclamation law is authorized to enter into contract to supply water from any project irrigation system for other purposes than irrigation, upon such conditions of delivery, use, and payment as he may deem proper: Provided Provided Provided further Provided further ( Feb. 25, 1920, ch. 86 41 Stat. 451  522. Lease of water power  Whenever a development of power is necessary for the irrigation of lands, under any project undertaken under the said reclamation Act, or an opportunity is afforded for the development of power under any such project, the Secretary of the Interior is authorized to lease for a period not exceeding ten years, giving preference to municipal purposes, any surplus power or power privilege, and the moneys derived from such leases shall be covered into the reclamation fund and be placed to the credit of the project from which such power is derived: Provided Provided further section 498 of this title ( Apr. 16, 1906, ch. 1631,  5 34 Stat. 117 Feb. 24, 1911, ch. 155 36 Stat. 930  Editorial Notes  References in Text The said reclamation Act, referred to in text, means act June 17, 1902, ch. 1093 32 Stat. 388 section 561 of this title section 371 of this title  523. Storage and transportation of water for irrigation districts, etc.  Whenever in carrying out the provisions of the reclamation law, storage or carrying capacity has been or may be provided in excess of the requirements of the lands to be irrigated under any project, the Secretary of the Interior, preserving a first right to lands and entrymen under the project, is authorized, upon such terms as he may determine to be just and equitable, to contract for the impounding, storage, and carriage of water to an extent not exceeding such excess capacity with irrigation systems operating under section 641 of this title Provided, however ( Feb. 21, 1911, ch. 141,  1 36 Stat. 925  Editorial Notes  References in Text The reclamation law, referred to in text, probably means act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title Short Title The act of Feb. 21, 1911  524. Cooperation with irrigation districts, etc., in construction of reservoirs and canals  In carrying out the provisions of the said reclamation Act, and Acts amendatory thereof or supplementary thereto, the Secretary of the Interior is authorized, upon such terms as may be agreed upon, to cooperate with irrigation districts, water-users associations, corporations, entrymen, or water users for the construction or use of such reservoirs, canals, or ditches as may be advantageously used by the Government and irrigation districts, water-users associations, corporations, entrymen, or water users for impounding, delivering, and carrying water for irrigation purposes: Provided section 498 of this title Provided further Provided ( Feb. 21, 1911, ch. 141,  2 36 Stat. 926  Editorial Notes  References in Text The said reclamation Act, referred to in text, probably means act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title  525. Covering proceeds into reclamation fund  The moneys received in pursuance of the contracts authorized by sections 523 and 524 of this title shall be covered into the reclamation fund and be available for use under the terms of the reclamation Act and the Acts amendatory thereof or supplementary thereto. ( Feb. 21, 1911, ch. 141,  3 36 Stat. 926  Editorial Notes  References in Text The reclamation Act, referred to in text, probably means act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title Codification The words the contracts authorized by sections 523 and 524 of this title substituted in text for such contracts.  526. Credit of proceeds to particular project  All moneys or profits as determined by the Secretary heretofore or hereafter derived from the sale or rental of surplus water under the Warren Act of February 21, 1911 36 Stat. 925 43 U.S.C. 523 ( Dec. 5, 1924, ch. 4,  4 43 Stat. 703  Editorial Notes  References in Text The Warren Act of February 21, 1911 act Feb. 21, 1911, ch. 141 36 Stat. 925 section 523 of this title Statutory Notes and Related Subsidiaries  Definitions The definitions in section 371 of this title SUBCHAPTER XIV PATENTS AND FINAL WATER-RIGHT CERTIFICATES  541. When patent or final certificate issued  Any homestead entryman under the Act of June seventeenth, nineteen hundred and two, known as the reclamation Act, including entrymen on ceded Indian lands, may, at any time after having complied with the provisions of law applicable to such lands as to residence reclamation, and cultivation, submit proof of such residence, reclamation, and cultivation, which proof, if found regular and satisfactory, shall entitle the entryman to a patent, and all purchasers of water-right certificates on reclamation projects shall be entitled to a final water-right certificate upon proof of the cultivation and reclamation of the land to which the certificate applies, to the extent required by the reclamation Act for homestead entrymen: Provided ( Aug. 9, 1912, ch. 278,  1 37 Stat. 265 Feb. 15, 1917, ch. 71 39 Stat. 920  Editorial Notes  References in Text Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title  542. Reservation of lien for charges; enforcement of lien; redemption  Every patent and water-right certificate issued under this subchapter shall expressly reserve to the United States a prior lien on the land patented or for which water right is certified, together with all water rights appurtenant or belonging thereto, superior to all other liens, claims, or demands whatsoever for the payment of all sums due or to become due to the United States or its successors in control of the irrigation project in connection with such lands and water rights. Upon default of payment of any amount so due title to the land shall pass to the United States free of all encumbrance, subject to the right of the defaulting debtor or any mortgagee, lien holder, judgment debtor, or subsequent purchaser to redeem the land within one year after the notice of such default shall have been given by payment of all moneys due, with 8 per centum interest and cost. And the United States, at its option, acting through the Secretary of the Interior, may cause land to be sold at any time after such failure to redeem, and from the proceeds of the sale there shall be paid into the reclamation fund all moneys due, with interest as herein provided, and costs. The balance of the proceeds, if any, shall be the property of the defaulting debtor or his assignee: Provided ( Aug. 9, 1912, ch. 278,  2 37 Stat. 266  543. Certificate of final payment and release of lien  Upon full and final payment being made of all amounts due on account of the building and betterment charges to the United States or its successors in control of the project, the United States or its successors, as the case may be, shall issue upon request a certificate certifying that payment of the building and betterment charges in full has been made and that the lien upon the land has been so far satisfied and is no longer of any force or effect except the lien for annual charges for operation and maintenance. ( Aug. 9, 1912, ch. 278,  3 37 Stat. 266  Editorial Notes Codification Section comprises part of section 3 of act Aug. 9, 1912 section 544 of this title  544. Limitation as to holdings prior to final payment of charges; forfeiture of excess holding  No person shall at any one time or in any manner, except as hereinafter otherwise provided, acquire, own, or hold irrigable land for which entry or water-right application shall have been made under the said reclamation Act of June 17, 1902 ( Aug. 9, 1912, ch. 278,  3 37 Stat. 266 July 11, 1956, ch. 563,  2 70 Stat. 524  Editorial Notes  References in Text The reclamation Act of June 17, 1902 section 541 of this title act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title Codification Section comprises part of section 3 of act Aug. 9, 1912 section 543 of this title Amendments 1956Act July 11, 1956 Statutory Notes and Related Subsidiaries Amendment of Existing Contracts For provisions authorizing the Secretary of the Interior to amend existing contracts under the Federal reclamation laws to conform to the provisions of this section, see section 3 of act July 11, 1956 section 423e of this title  545. Appointment of agents to receive payments; record of payments and amounts owing  The Secretary of the Interior is authorized to designate such bonded fiscal agents or officers of the Reclamation Service as he may deem advisable on each reclamation project, to whom shall be paid all sums due on reclamation entries or water rights, and the officials so designated shall keep a record for the information of the public of the sums paid and the amount due at any time on account of any entry made or water right purchased under the reclamation Act; and the Secretary of the Interior shall make provision for furnishing copies of duly authenticated records of entries upon payment of reasonable fees which copies shall be admissible in evidence, as are copies authenticated under section eight hundred and eighty-eight 1 1 ( Aug. 9, 1912, ch. 278,  4 37 Stat. 267  Editorial Notes  References in Text The reclamation Act, referred to in text, is identified in section 541 of this section as act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title Section eight hundred and eighty-eight of the Revised Statutes, referred to in text, was repealed by section 21 of act June 25, 1948, ch. 645 62 Stat. 862 section 1733 of Title 28 Executive Documents  Change of Name The Reclamation Service, established in July 1902, changed to the Bureau of Reclamation on June 20, 1923 Nov. 6, 1979 May 18, 1981 June 20, 1923 Nov. 6, 1979 May 18, 1981  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title  546. Jurisdiction of district court for enforcement of this subchapter  Jurisdiction of suits by the United States for the enforcement of the provisions of this subchapter is conferred on the United States district courts of the districts in which the lands are situated. ( Aug. 9, 1912, ch. 278,  5 37 Stat. 267  547. Patent to desert-land entryman  Any desert-land entryman whose desert-land entry has been embraced within the exterior limits of any land withdrawal or irrigation project under the Act of June 17, 1902 43 U.S.C. 541 1 1 ( Aug. 26, 1912, ch. 408,  1 37 Stat. 610  Editorial Notes  References in Text Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title The Act entitled An Act providing for patents on reclamation entries, and for other purposes, referred to in text, is act Aug. 9, 1912, ch. 278 37 Stat. 265 Codification This section was not enacted as part of act Aug. 9, 1912, ch. 278 37 Stat. 265 SUBCHAPTER XV TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES  561. Survey and subdivision of land for town sites; reservation for public purposes  The Secretary of the Interior may in connection with irrigation projects under the reclamation Act of June seventeenth, nineteen hundred and two, not exceeding one hundred and sixty acres in each case, survey and subdivide the same into town lots, with appropriate reservations for public purposes: Provided ( Apr. 16, 1906, ch. 1631,  1 34 Stat. 116 June 27, 1906, ch. 3559,  4 34 Stat. 520 Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792  Editorial Notes  References in Text The reclamation Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title Codification Introductory provisions are from the first section of act Apr. 16, 1906 June 27, 1906 June 27, 1906 section 568 of this title June 27, 1906 section 594 of this title Amendments 1976 Pub. L. 94579 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  562. Appraisal and sale of town lots  The lots so surveyed shall be appraised under the direction of the Secretary of the Interior and sold under his direction at not less than their appraised value at public auction to the highest bidders, from time to time, for cash, and the lots offered for sale and not disposed of may afterwards be sold at not less than the appraised value under such regulations as the Secretary of the Interior may prescribe. Reclamation funds may be used to defray the necessary expenses of appraisement and sale, and the proceeds of such sales shall be covered into the reclamation fund. ( Apr. 16, 1906, ch. 1631,  2 34 Stat. 116  563. Disposal of town sites set apart prior to June 27, 1906  Any town site set apart or established prior to June 27, 1906 1 1 section 562 of this title ( June 27, 1906, ch. 3559,  3 34 Stat. 519  Editorial Notes  References in Text Sections 711 and 712 of this title, referred to in text, were repealed by Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789  564. Reappraisal of town lots for sale  The Secretary of the Interior is authorized, whenever he may deem it necessary, to reappraise all unsold lots within town sites on projects under the reclamation Act heretofore or hereafter appraised under the provisions of sections 562 and 563 of this title; and thereafter to proceed with the sale of such town lots in accordance with said sections. ( June 11, 1910, ch. 284,  1 36 Stat. 465  Editorial Notes  References in Text The reclamation Act, referred to in text, probably means act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title  565. Terms of sale of town lots; installments of price  In the sale of town lots under the provisions of sections 562 and 563 of this title the Secretary of the Interior may, in his discretion, require payments for such town lots in full at time of sale or in annual installments, not exceeding five, with interest at the rate of 6 per centum per annum on deferred payments. ( June 11, 1910, ch. 284,  2 36 Stat. 466  Editorial Notes  References in Text Section 594 of this title  566. Maintenance of public reservations and conveyance to municipality  The public reservations in such town sites shall be improved and maintained by the town authorities at the expense of the town; and upon the organization thereof as municipal corporations the said reservations shall be conveyed to such corporations by the Secretary of the Interior, subject to the condition that they shall be used forever for public purposes. ( Apr. 16, 1906, ch. 1631,  3 34 Stat. 116  567. Water rights for towns and cities; charges  The Secretary of the Interior shall, in accordance with the provisions of the reclamation Act, provide for water rights in amount he may deem necessary for the towns established as provided, in sections 561, 562 and 566 of this title, and may enter into contract with the proper authorities of such towns, and other towns or cities on or in the immediate vicinity of irrigation projects, which shall have a water right from the same source as that of said project for the delivery of such water supply to some convenient point, and for the payment into the reclamation fund of charges for the same to be paid by such towns or cities, which charges shall not be less nor upon terms more favorable than those fixed by the Secretary of the Interior for the irrigation project from which the water is taken. ( Apr. 16, 1906, ch. 1631,  4 34 Stat. 116  Editorial Notes  References in Text The reclamation Act, referred to in text, is identified in section 561 of this title act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title  568. Use of reclamation fund for expenses of and disposal of proceeds of sale of town sites  Reclamation funds shall be available for the payment of all expenses incurred in executing the provisions of sections 561 to 563 and 566 of this title relating to town sites, and the proceeds of all sales of town sites shall be covered into the reclamation fund. ( June 27, 1906, ch. 3559,  4 34 Stat. 520  Editorial Notes Codification Section is based on part of the proviso of section 4 of act June 27, 1906 section 594 of this title  569. Reservation of land for park, playground, or community center (a) Repealed. Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 (b) Water service Subject to the provisions hereinafter contained in this section every such tract of land so set apart shall be supplied with water from the Government irrigation system, the cost thereof to be charged to the remaining lands of the project as a part of the construction charge of such project, and shall be maintained and used in perpetuity by the people upon said reclaimed lands for a pleasure park, public playground, and community center. (c) Contract for maintenance and use For the purpose of carrying out and effecting the objects of this section the Secretary of the Interior is authorized to enter into a contract with the organization formed by the owners of the lands irrigated within said project or project unit pursuant to section 498 of this title (d) Disposition of land not contracted for Any of such lands not contracted for in accordance with the provisions of subsection (c) of this section within ten years from the time water is available for the same, or sooner, if the Secretary of the Interior may deem it desirable, shall be disposed of in accordance with the public land laws applicable thereto, and the proceeds from the disposition of lands reverting to the United States under the provisions of this section, and from sales of water rights, shall be covered into the reclamation fund and placed to the credit of the project wherein the lands are situate. ( Oct. 5, 1914, ch. 316 38 Stat. 727 Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792  Editorial Notes Amendments 1976Subsec. (a). Pub. L. 94579 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  569a. Extension of section 569 to tract of land in Idaho  Section 569 of this title All in lot 2, section 22, township 7 north, range 1 west, Boise meridian, beginning at the northwest corner of said lot 2, thence east along the northern boundary of said lot 2 nine hundred and ninety feet; thence south along a line parallel to the eastern boundary of said lot 2 to the intersection with the northerly meander line of the Payette River; thence westerly along the northerly meander line of the Payette River to the intersection with the western boundary of said lot 2; thence north along the western boundary of said lot 2 to the northwest corner of said lot 2, which is the point of beginning, comprising approximately twenty-five acres. ( July 3, 1926, ch. 777 44 Stat. 890  570. Conveyance of land to school district  The Secretary of the Interior is hereby authorized, upon application by the proper officers of a school district located wholly or in part within the boundaries of a project of the United States Reclamation Service, to issue patent conveying to such district such unappropriated undisposed of lands, not exceeding six acres in area, within any Government reclamation town site situated within such school district as, in the opinion of the Secretary of the Interior, are necessary for use by said district for school buildings and grounds: Provided ( Oct. 31, 1919, ch. 92 41 Stat. 326  Executive Documents  Change of Name The Reclamation Service, established in July 1902, changed to the Bureau of Reclamation on June 20, 1923 Nov. 6, 1979 May 18, 1981 June 20, 1923 Nov. 6, 1979 May 18, 1981  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title  571. Sale of unplatted portions of Government town sites; authorization  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 June 17, 1902 32 Stat. 388 Provided ( 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 act Apr. 16, 1906, ch. 1631 34 Stat. 116 Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title Amendments 1931Act Feb. 14, 1931  572. Disposition of net proceeds; fixing project construction charges  The net proceeds of such sales after deducting all expenditures on account of such lands, and the project construction charge, for the irrigable area of the lands so sold where irrigation or drainage works have been constructed or are proposed to be constructed, shall be disposed of as provided in section 501 of this title ( Mar. 2, 1929, ch. 541,  2 45 Stat. 1522  573. Expenses of appraisement and sale; rules and regulations  Reclamation funds are authorized to be appropriated for use in defraying the necessary expenses of appraisement and sale of the lands authorized to be sold under section 571 of this title ( Mar. 2, 1929, ch. 541,  3 45 Stat. 1522 SUBCHAPTER XVI REFUNDS TO WAR VETERANS  581 to 586. Omitted  Editorial Notes Codification Section 581, act Feb. 21, 1925, ch. 277,  1 43 Stat. 956 Section 582, act Feb. 21, 1925, ch. 277,  2 43 Stat. 956 Section 583, act Feb. 21, 1925, ch. 277,  3 43 Stat. 956 Section 584, act Feb. 21, 1925, ch. 277,  3 43 Stat. 956 Section 585, act Feb. 21, 1925, ch. 277,  4 43 Stat. 957 Section 586, act Feb. 21, 1925, ch. 277,  5 43 Stat. 957 SUBCHAPTER XVII LEGISLATION APPLICABLE TO PARTICULAR PROJECTS GENERALLY  591. Omitted  Editorial Notes Codification Section, act Feb. 28, 1923, ch. 145,  5 42 Stat. 1325 section 493a of this title  591a. Boise project, Idaho; Arrowrock Dam; installment payments of costs of repairs, resurfacing, improvement, etc.  For the purpose of avoiding an unduly high operation and maintenance assessment in any one year and to keep the operation and maintenance charges in connection with the Arrowrock Division of the Boise reclamation project within the ability of the water users to pay, the Secretary of the Interior is authorized to allow the irrigation districts of the said Arrowrock Division and the irrigation districts ditch companies, and water users who have assumed obligations to pay proportionate parts of the estimated cost of the operation and maintenance of the Arrowrock Reservoir, to pay the costs, as determined conclusively by said Secretary, incurred in the repair, resurfacing, and improvement of the Arrowrock Dam and in increasing the height thereof (to provide additional capacity to offset past and, to some extent, future losses of capacity resulting from the deposit of silt in the said reservoir) in twenty annual installments instead of requiring the payment of all of such operation and maintenance costs in one year as provided in section 492 of this title Provided ( Apr. 22, 1940, ch. 132 54 Stat. 155  Editorial Notes  References in Text Subchapter X ( 485 et seq.) of this chapter, referred to in text, was in the original a reference to act of Aug. 4, 1939 53 Stat. 1187 section 485j of this title section 485k of this title  592. Omitted  Editorial Notes Codification Section, act Feb. 28, 1919, ch. 78 40 Stat. 1210 Feb. 28, 1919  593. Flathead irrigation project, Montana  The provisions of sections 441 and 442 of this title, authorizing the assignment under certain conditions of homesteads within reclamation projects, and of subchapter XIV of this chapter, authorizing under certain conditions the issuance of patents on reclamation entries, and for other purposes, are hereby extended and made applicable to lands within the Flathead irrigation project, in the former Flathead Indian Reservation, Montana, but such lands shall otherwise be subject to the provisions of the Act of Congress approved April 23, 1904 May 29, 1908 Provided section 542 of this title ( July 17, 1914, ch. 143 38 Stat. 510  Editorial Notes  References in Text Subchapter XIV ( 541 et seq.) of this chapter, referred to in text, was in the original a reference to act Aug. 9, 1912 37 Stat. 265 Act April 23, 1904  593a. Construction, operation, and maintenance of Hungry Horse Dam  For the purpose of irrigation and reclamation of arid lands, for controlling floods, improving navigation, regulating the flow of the South Fork of the Flathead River, for the generation of electric energy, and for other beneficial uses primarily in the State of Montana but also in downstream areas, the Secretary of the Interior is authorized and directed to proceed as soon as practicable with the construction, operation, and maintenance of the proposed Hungry Horse Dam (including facilities for generating electric energy) on the South Fork of the Flathead River, Flathead County, Montana, to such a height as may be necessary to impound not less than one million acre-feet of water. The Hungry Horse project shall be subject to the Federal reclamation laws (Act of June 17, 1902 32 Stat. 388 The Secretary of the Interior is authorized to complete, as soon as the necessary additional material is available, the construction of the Hungry Horse Dam so as to provide a storage reservoir of the maximum usable and feasible capacity. ( June 5, 1944, ch. 234 58 Stat. 270 Pub. L. 85428 May 29, 1958 72 Stat. 147  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title Amendments 1958 Pub. L. 85428 Statutory Notes and Related Subsidiaries Authorization of Appropriations Act June 5, 1944, ch. 234,  4 58 Stat. 271 section 593b of this title  593b. Construction of additional works for irrigation purposes  The Secretary of the Interior is authorized to construct, operate, and maintain under the provisions of the Federal reclamation laws (Act June 17, 1902 32 Stat. 388 ( June 5, 1944, ch. 234,  3 58 Stat. 271  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title Statutory Notes and Related Subsidiaries Authorization of Appropriations Act June 5, 1944, ch. 234,  4 58 Stat. 271 section 593a of this title  594. Omitted  Editorial Notes Codification Section, act June 27, 1906, ch. 3559,  4 34 Stat. 520 Mar. 5, 1906 June 27, 1906  595. King Hill project, Idaho  King Hill project, Idaho, shall be subject to the reclamation Act of June seventeenth, nineteen hundred and two, and all Acts amendatory thereof or supplementary thereto, so far as applicable and consistent with contract made prior to July 1, 1918 Provided section 641 of this title ( July 1, 1918, ch. 113 40 Stat. 674  Editorial Notes  References in Text The reclamation Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093 32 Stat. 388 June 17, 1902 section 371 of this title Executive Documents  Change of Name The Reclamation Service, established in July 1902, changed to the Bureau of Reclamation on June 20, 1923 Nov. 6, 1979 May 18, 1981 June 20, 1923 Nov. 6, 1979 May 18, 1981  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title  596. Omitted  Editorial Notes Codification Section, act May 20, 1921, ch. 9 42 Stat. 7 March 5, 1920  597. Riverton project, Wyoming  Lands within and in the vicinity of the ceded portion of the Wind River or Shoshone Reservation, and included in the Riverton project, Wyoming, shall be subject to all the charges, terms, conditions, provisions, and limitations of the Reclamation Act and Acts amendatory thereof or supplementary thereto, and suitable provision shall be made by the Secretary of the Interior in fixing the charges to provide for reimbursement of the entire expenditure in accordance with the reclamation law and other laws applicable to said lands. When any land on the project is opened to homestead entry under the terms of the Reclamation Law, the entryman shall pay to the United States for the lands the sum of $1.50 per acre as provided in section 2 of the Act approved March 3, 1905 ( June 5, 1920, ch. 235,  1 41 Stat. 915 Mar. 4, 1921, ch. 161,  1 41 Stat. 1404  Editorial Notes  References in Text The Reclamation Act and Acts amendatory thereof or supplementary thereto, the reclamation law, and the Reclamation Law, referred to in text, probably mean act June 17, 1902, ch. 1093 32 Stat. 388 act June 5, 1920, ch. 235 41 Stat. 913 reclamation service act Mar. 4, 1921, ch. 161 41 Stat. 1402 reclamation service June 17, 1902 June 17, 1902 section 371 of this title Act of March 3, 1905 act Mar. 3, 1905, ch. 1452 33 Stat. 1016 Codification The first par. of this section is from part of the first section of act June 5, 1920 Mar. 4, 1921 Statutory Notes and Related Subsidiaries Restoration of Lands to Public Domain Act Aug. 15, 1953, ch. 509,  2 67 Stat. 612 Subject only to the existing rights and interests which are not extinguished and terminated by this Act [ act Aug. 15, 1953, ch. 509 67 Stat. 592 Provided Provided further  597a. Easements for Bull Lake Dam and Reservoir  There is granted to the United States and its assigns, including its successors in control of the operation and maintenance of the Riverton reclamation project, Wyoming, a flowage easement and an easement for a dam site, together with all rights and privileges incident to the use and enjoyment of said easements, over tribal and allotted lands of the Wind River or Shoshone Indian Reservation within that part of said reservation required for the construction of the Bull Lake Dam and Reservoir on Bull Lake Creek, a tributary of the Wind River, in connection with the Riverton reclamation project, Wyoming, and for the impounding of approximately one hundred and fifty-five thousand acre-feet of water, including a ten-foot freeboard: Provided section 155 of title 25 ( Mar. 14, 1940, ch. 51,  1 54 Stat. 49  597b. Compensation for easements  Compensation to the individual Indian owners of the allotted lands within the area described in section 597a of this title Provided ( Mar. 14, 1940, ch. 51,  2 54 Stat. 49  597c. Reservation of Indians right to use lands  The easements granted in section 597a of this title ( Mar. 14, 1940, ch. 51,  3 54 Stat. 49  597d. Regulations  The Secretary of the Interior is authorized to perform any and all acts and to prescribe such regulations as may be necessary to carry out the provisions of sections 597a to 597d of this title. ( Mar. 14, 1940, ch. 51,  4 54 Stat. 49  598. Salt River project, Arizona; sale of water power  Whenever a development of power is necessary for the irrigation of lands under the Salt River reclamation project, Arizona, or an opportunity is afforded for the development of power under said project, the Secretary of the Interior is authorized, giving preference to municipal purposes, to enter into contracts for a period not exceeding fifty years for the sale of any surplus power so developed, and the money derived from such sales shall be placed to the credit of said project for disposal as provided in the contract between the United States of America and the Salt River Valley Water Users Association, approved September 6, 1917 Provided Provided, however Provided further ( Sept. 18, 1922, ch. 323 42 Stat. 847  599. Omitted  Editorial Notes Codification Section, act Aug. 17, 1916, ch. 349 39 Stat. 516 August 17, 1916  600. Minidoka project, Idaho; sales of water from American Falls Reservoir  No contractor shall secure a right to the use of water from American Falls Reservoir, Minidoka project, except under a contract containing the provision that the contractor shall, as a part of the construction cost, pay interest at the rate of six per centum per annum upon the contractors proper proportionate share, as found by the Secretary of the Interior, of the moneys advanced by the United States on account of the construction of said reservoir prior to the date of the contract. ( June 5, 1924, ch. 264 43 Stat. 417  600a. Arch Hurley Conservancy District project, New Mexico  The Secretary of the Interior is authorized to construct a Federal reclamation project for the irrigation of the lands of the Arch Hurley Conservancy District in New Mexico under the Federal reclamation laws: Provided section 412 of this title ( Aug. 2, 1937, ch. 557 50 Stat. 557 Apr. 9, 1938, ch. 134 52 Stat. 211 Aug. 9, 1955, ch. 637,  1 69 Stat. 556  Editorial Notes Amendments 1955Act Aug. 9, 1955 1938Act Apr. 9, 1938 section 412 of this title Statutory Notes and Related Subsidiaries Amendment of Contracts Act Aug. 9, 1955, ch. 637,  2 69 Stat. 557 The Secretary of the Interior is authorized to amend any contract, which has been entered into prior to the date of enactment of this Act [ Aug. 9, 1955 Enforcement of Contract Provisions; Completed Transactions and Payments Act Aug. 9, 1955, ch. 637,  1 69 Stat. 556 No provision with respect to the matters covered in said clause (d) [former cl. (d) of this section] which is contained in any contract entered into prior to the date of enactment of this Act [ Aug. 9, 1955 Aug. 9, 1955 Aug. 9, 1955 December 27, 1938 Aug. 9, 1955  600b. Canadian River project, Texas  For the purposes of irrigating land, delivering water for industrial and municipal use, controlling floods, providing recreation and fish and wildlife benefits, and controlling and catching silt, the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902 32 Stat. 388 May 3, 1950 ( Dec. 29, 1950, ch. 1183,  1 64 Stat. 1124  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title Statutory Notes and Related Subsidiaries Authorization of Appropriations Act Dec. 29, 1950, ch. 1183,  3 64 Stat. 1125 There are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be required to carry out the purposes of this Act [enacting this section and section 600c of this title Canadian River Project Prepayment Pub. L. 105316 Oct. 30, 1998 112 Stat. 2999  SECTION 1. SHORT TITLE. This Act may be cited as the Canadian River Project Prepayment Act. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) The term Authority means the Canadian River Municipal Water Authority, a conservation and reclamation district of the State of Texas. (2) The term Canadian River Project Authorization Act means the Act entitled An Act to authorize the construction, operation, and maintenance by the Secretary of the Interior of the Canadian River reclamation project, Texas, approved December 29, 1950 64 Stat. 1124 section 600c of this title (3) The term Project means all of the right, title and interest in and to all land and improvements comprising the pipeline and related facilities of the Canadian River Project authorized by the Canadian River Project Authorization Act. (4) The term Secretary means the Secretary of the Interior. SEC. 3. PREPAYMENT AND CONVEYANCE OF PROJECT. (a)  In General (1) In consideration of the Authority accepting the obligation of the Federal Government for the Project and subject to the payment by the Authority of the applicable amount under paragraph (2) within the 360-day period beginning on the date of the enactment of this Act [ Oct. 30, 1998 64 Stat. 1124 section 600c(c)(3) of this title (2) For purposes of paragraph (1), the applicable amount shall be (A) $34,806,731, if payment is made by the Authority within the 270-day period beginning on the date of the enactment of this Act; or (B) the amount specified in subparagraph (A) adjusted to include interest on that amount since the date of the enactment of this Act at the appropriate Treasury bill rate for an equivalent term, if payment is made by the Authority after the period referred to in subparagraph (A). (3) If payment under paragraph (1) is not made by the Authority within the period specified in paragraph (1), this Act shall have no force or effect. (b)  Financing Nothing in this Act shall be construed to affect the right of the Authority to use a particular type of financing. SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS. (a)  In General Nothing in this Act shall be construed as significantly expanding or otherwise changing the use or operation of the Project from its current use and operation. (b)  Future Alterations If the Authority alters the operations or uses of the Project it shall comply with all applicable laws or regulations governing such alteration at that time. (c)  Recreation The Secretary of the Interior, acting through the National Park Service, shall continue to operate the Lake Meredith National Recreation Area at Lake Meredith. (d)  Flood Control The Secretary of the Army, acting through the Corps of Engineers, shall continue to prescribe regulations for the use of storage allocated to flood control at Lake Meredith as prescribed in the Letter of Understanding entered into between the Corps, the Bureau of Reclamation, and the Authority in March and May 1980. (e)  Sanford Dam Property The Authority shall have the right to occupy and use without payment of lease or rental charges or license or use fees the property retained by the Bureau of Reclamation at Sanford Dam and all buildings constructed by the United States thereon for use as the Authoritys headquarters and maintenance facility. Buildings constructed by the Authority on such property, or past and future additions to Government constructed buildings, shall be allowed to remain on the property. The Authority shall operate and maintain such property and facilities without cost to the United States. SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS. (a)  Payment Obligations Extinguished Provision of consideration by the Authority in accordance with section 3(b) shall extinguish all payment obligations under contract numbered 1406500485 between the Authority and the Secretary. (b)  Operation and Maintenance Costs After completion of the conveyance provided for in section 3, the Authority shall have full responsibility for the cost of operation and maintenance of Sanford Dam, and shall continue to have full responsibility for operation and maintenance of the Project pipeline and related facilities. (c)  In General Rights and obligations under the existing contract No. 1406500485 between the Authority and the United States, other than provisions regarding repayment of construction charge obligation by the Authority and provisions relating to the Project aqueduct, shall remain in full force and effect for the remaining term of the contract. SEC. 6. RELATIONSHIP TO OTHER LAWS. Upon conveyance of the Project under this Act, the Reclamation Act of 1902 ( 82 Stat. 388 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title SEC. 7. LIABILITY. Except as otherwise provided by law, effective on the date of conveyance of the Project under this Act, the United States shall not be liable under any law for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property.  600c. Nonreimbursable costs (a) Construction, operation, and maintenance costs Notwithstanding any recommendations in the report mentioned in section 600b of this title (b) Conditions precedent to construction Actual construction of the project herein authorized shall not be commenced, and no construction contract awarded therefor, until (1) the Congress shall have consented to the interstate compact between the States of New Mexico, Oklahoma, and Texas agreed upon by the Canadian River Compact Commission at Santa Fe, New Mexico, December 6, 1950 (c) Repayment contract The repayment contract shall provide, among other things, (1) that the holder thereof shall have a first right, to which right the rights of the holders of any other type of contract shall be subordinate, to a stated share or quantity of the projects available water supply for use by its constituent industrial and municipal water users during the repayment period and a permanent right to such share or quantity thereafter subject to payment of such costs as may be incurred by the United States in its operation and maintenance of any part of the project works; (2) that, subject to such rules and regulations as the Secretary may prescribe, the care, operation, and maintenance of such portions of the pipeline and related facilities as are used solely for delivering such water to the contract holder and its constituent organizations shall, as soon as is practicable after completion of the municipal and industrial water supply features of the project, pass to the contract holder or to an organization which is designated by it for that purpose and which is satisfactory to the Secretary; and (3) that title to such portions of the pipeline and related facilities shall in like manner pass to the contract holder or its designee or designees upon payment to the United States of all obligations arising under sections 600b and 600c of this title or incurred in connection with the project. ( Dec. 29, 1950, ch. 1183,  2 64 Stat. 1124  Editorial Notes  References in Text Public Law 491, Eighty-first Congress, referred to in subsec. (b), is act Apr. 29, 1950, ch. 135 64 Stat. 93 Statutory Notes and Related Subsidiaries Consent of Congress to Compact Act Apr. 29, 1950, ch. 135 64 Stat. 93 That the consent of the Congress is hereby given to the States of Oklahoma, Texas, and New Mexico to negotiate and enter into a compact not later than June 30, 1953  600d. Sanford Reservoir recreation facilities; allocation of water, reservoir capacity, or joint project costs of Canadian River project; municipal water use priorities; agreements for operation, maintenance, or additional development of project lands or facilities; disposal of project lands or facilities; nonreimbursable costs; cognizance of effect of fish and wildlife plan  The Secretary of the Interior is authorized to investigate, plan, construct, operate and maintain, or otherwise provide for basic public outdoor recreation facilities at the Sanford Reservoir area, Canadian Federal reclamation project, to acquire or otherwise include within the project area such adjacent lands or interests therein as are necessary for present or future public recreation use, and to provide for the public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with other project purposes: Provided December 19, 1962 ( Pub. L. 88536,  1 Aug. 31, 1964 78 Stat. 744  600e. Authorization of appropriations for public recreation facilities  There are authorized to be appropriated such amounts, but not more than $1,100,000, as may be necessary for the investigation, preparation of plans, construction and acquisition of lands authorized in section 600d of this title ( Pub. L. 88536,  2 Aug. 31, 1964 78 Stat. 744 SUBCHAPTER XVIII CIBOLO PROJECT, TEXAS  600f to 600f4. Omitted  Editorial Notes Codification Section 600f, Pub. L. 93493, title II,  201 Oct. 27, 1974 88 Stat. 1491 Section 600f1, Pub. L. 93493, title II,  202 Oct. 27, 1974 88 Stat. 1491 Section 600f2, Pub. L. 93493, title II,  203 Oct. 27, 1974 88 Stat. 1491 Section 600f3, Pub. L. 93493, title II,  204 Oct. 27, 1974 88 Stat. 1492 Section 600f4, Pub. L. 93493, title II,  205 Oct. 27, 1974 88 Stat. 1492 SUBCHAPTER XIX NUECES RIVER PROJECT, TEXAS  600g to 600g4. Omitted  Editorial Notes Codification Section 600g, Pub. L. 93493, title X,  1001 Oct. 27, 1974 88 Stat. 1496 Section 600g1, Pub. L. 93493, title X,  1002 Oct. 27, 1974 88 Stat. 1496 Section 600g2, Pub. L. 93493, title X,  1003 Oct. 27, 1974 88 Stat. 1496 Section 600g3, Pub. L. 93493, title X,  1004 Oct. 27, 1974 88 Stat. 1497 Section 600g4, Pub. L. 93493, title X,  1005 Oct. 27, 1974 88 Stat. 1497 SUBCHAPTER XX KLAMATH PROJECT, OREGON-CALIFORNIA  601. Omitted  Editorial Notes Codification Section, act Feb. 9, 1905, ch. 567 33 Stat. 714  602 to 609. Repealed. June 17, 1944, ch. 261,  2(a) 58 Stat. 279   Section 602, act May 27, 1920, ch. 209,  1 41 Stat. 627  Section 603, act May 27, 1920, ch. 209,  2 41 Stat. 628  Section 604, act May 27, 1920, ch. 209,  3 41 Stat. 628  Section 605, act May 27, 1920, ch. 209,  4 41 Stat. 628  Section 606, act May 27, 1920, ch. 209,  5 41 Stat. 628  Section 607, act May 27, 1920, ch. 209,  6 41 Stat. 629  Section 608, act May 27, 1920, ch. 209,  7 41 Stat. 629  Section 609, act May 27, 1920, ch. 209,  8 41 Stat. 629  610 to 612. Omitted  Editorial Notes Codification Section 610, act May 25, 1926, ch. 383,  14 June 23, 1932, ch. 273 47 Stat. 332 Section 611, act July 1, 1946, ch. 529 60 Stat. 366 July 3, 1945, ch. 262 59 Stat. 340 June 28, 1944, ch. 298 58 Stat. 487 July 12, 1943, ch. 219 57 Stat. 473 July 2, 1942, ch. 473 56 Stat. 533 June 28, 1941, ch. 259 55 Stat. 332 June 18, 1940, ch. 395 54 Stat. 434 Section 612, acts June 17, 1944, ch. 261,  2(b) 58 Stat. 279 Aug. 1, 1956, ch. 828,  2(e) 70 Stat. 799 Statutory Notes and Related Subsidiaries Contract Approved Act June 17, 1944, ch. 261,  1 58 Stat. 279 Apr. 28, 1943 Reclamation Laws Act June 17, 1944, ch. 261,  3 58 Stat. 279 Repayment Contract With Tule Lake Irrigation District Act Aug. 1, 1956, ch. 828 70 Stat. 799 SUBCHAPTER XXI GILA PROJECT, ARIZONA  613 to 613e. Omitted  Editorial Notes Codification Section 613, act July 30, 1947, ch. 382,  1 61 Stat. 628 Section 613a, act July 30, 1947, ch. 382,  2 61 Stat. 628 Section 613b, act July 30, 1947, ch. 382,  3 61 Stat. 629 Section 613c, act July 30, 1947, ch. 382,  4 61 Stat. 629 Section 613d, act July 30, 1947, ch. 382,  5 61 Stat. 629 Section 613e, act July 30, 1947, ch. 382,  7 61 Stat. 630 Statutory Notes and Related Subsidiaries Reclamation Law; Amendment of Other Laws Act July 30, 1947, ch. 382,  8 61 Stat. 630 SUBCHAPTER XXII WASHOE PROJECT, NEVADA-CALIFORNIA  614 to 614d. Omitted  Editorial Notes Codification Section 614, act Aug. 1, 1956, ch. 809,  1 70 Stat. 775 Pub. L. 101618, title II,  205(c) Nov. 16, 1990 104 Stat. 3307 Section 614a, act Aug. 1, 1956, ch. 809,  2 70 Stat. 775 Section 614b, act Aug. 1, 1956, ch. 809,  3 70 Stat. 776 Section 614c, act Aug. 1, 1956, ch. 809,  4 70 Stat. 777 Section 614d, acts Aug. 1, 1956, ch. 809,  5 70 Stat. 777 Aug. 21, 1958 Pub. L. 85706 72 Stat. 705 SUBCHAPTER XXIII WASHITA RIVER BASIN PROJECT, OKLAHOMA  615 to 615e. Omitted  Editorial Notes Codification Section 615, act Feb. 25, 1956, ch. 71,  1 70 Stat. 28 Section 615a, act Feb. 25, 1956, ch. 71,  2 70 Stat. 28 Section 615b, act Feb. 25, 1956, ch. 71,  3 70 Stat. 30 Section 615c, act Feb. 25, 1956, ch. 71,  4 70 Stat. 30 Section 615d, act Feb. 25, 1956, ch. 71,  5 70 Stat. 30 Section 615e, act Feb. 25, 1956, ch. 71,  6 70 Stat. 30 Statutory Notes and Related Subsidiaries Foss Reservoir Master Conservancy District; Feasibility Study; Revision of Repayment Contract Pub. L. 90311 May 18, 1968 82 Stat. 124 SUBCHAPTER XXIV CROOKED RIVER PROJECT, OREGON  615f to 615j1. Omitted  Editorial Notes Codification Section 615f, acts Aug. 6, 1956, ch. 980,  1 70 Stat. 1058 Sept. 14, 1959 Pub. L. 86271,  1 73 Stat. 554 Sept. 18, 1964 Pub. L. 88598,  1 78 Stat. 954 Section 615f1, Pub. L. 88598,  3 Sept. 18, 1964 78 Stat. 954 Section 615g, act Aug. 6, 1956, ch. 980,  2 70 Stat. 1058 Section 615h, act Aug. 6, 1956, ch. 980,  3 70 Stat. 1059 Section 615i, act Aug. 6, 1956, ch. 980,  4 70 Stat. 1059 Pub. L. 113244,  3 Dec. 18, 2014 128 Stat. 2865 Section 615j, act Aug. 6, 1956, ch. 980,  5 70 Stat. 1059 Section 615j1, Pub. L. 88598,  2 Sept. 18, 1964 78 Stat. 954 SUBCHAPTER XXV LITTLE WOOD RIVER PROJECT, IDAHO  615k to 615n. Omitted  Editorial Notes Codification Section 615k, act Aug. 6, 1956, ch. 981,  1 70 Stat. 1059 Section 615 l act Aug. 6, 1956, ch. 981,  2 70 Stat. 1059 Section 615m, act Aug. 6, 1956, ch. 981,  3 70 Stat. 1059 Section 615n, act Aug. 6, 1956, ch. 981,  4 70 Stat. 1060 SUBCHAPTER XXVI SAN ANGELO PROJECT, TEXAS  615o to 615r. Omitted  Editorial Notes Codification Section 615 o Pub. L. 85152,  1 Aug. 16, 1957 71 Stat. 372 Pub. L. 103434, title V,  501(a) Oct. 31, 1994 108 Stat. 4538 Section 615p, Pub. L. 85152,  2 Aug. 16, 1957 71 Stat. 372 Section 615q, Pub. L. 85152,  3 Aug. 16, 1957 71 Stat. 373 Section 615r, Pub. L. 85152,  4 Aug. 16, 1957 71 Stat. 374 SUBCHAPTER XXVII SPOKANE VALLEY PROJECT, WASHINGTON AND IDAHO  615s to 615u. Omitted  Editorial Notes Codification Section 615s, Pub. L. 86276,  1 Sept. 16, 1959 73 Stat. 561 Pub. L. 87630,  1(a) Sept. 5, 1962 76 Stat. 431 Section 615t, Pub. L. 86276,  2 Sept. 16, 1959 73 Stat. 562 Pub. L. 87630,  1(b) Sept. 5, 1962 76 Stat. 431 Section 615u, Pub. L. 86276,  3 Sept. 16, 1959 73 Stat. 562 Pub. L. 87630,  1(c) Sept. 5, 1962 76 Stat. 431 SUBCHAPTER XXVIII DALLAS PROJECT, OREGON  615v to 615x. Omitted  Editorial Notes Codification Section 615v, Pub. L. 86745,  1 Sept. 13, 1960 74 Stat. 882 Section 615w, Pub. L. 86745,  2 Sept. 13, 1960 74 Stat. 882 Section 615x, Pub. L. 86745,  3 Sept. 13, 1960 74 Stat. 883 SUBCHAPTER XXIX NORMAN PROJECT, OKLAHOMA  615aa to 615hh. Omitted  Editorial Notes Codification Section 615aa, Pub. L. 86529,  1 June 27, 1960 74 Stat. 225 Section 615bb, Pub. L. 86529,  2 June 27, 1960 74 Stat. 225 Section 615cc, Pub. L. 86529,  3 June 27, 1960 74 Stat. 226 Section 615dd, Pub. L. 86529,  4 June 27, 1960 74 Stat. 226 Section 615ee, Pub. L. 86529,  5 June 27, 1960 74 Stat. 226 Section 615ff, Pub. L. 86529,  6 June 27, 1960 74 Stat. 226 Section 615gg, Pub. L. 86529,  7 June 27, 1960 74 Stat. 226 Section 615hh, Pub. L. 86529,  8 June 27, 1960 74 Stat. 226 SUBCHAPTER XXX NAVAJO IRRIGATION PROJECT, NEW MEXICO; SAN JUAN-CHAMA PROJECT, COLORADO-NEW MEXICO  615ii to 615zz. Omitted  Editorial Notes Codification Section 615ii, Pub. L. 87483,  1 June 13, 1962 76 Stat. 96 Section 615jj, Pub. L. 87483,  2 Pub. L. 11111, title X,  10402(a) Mar. 30, 2009 123 Stat. 1372 section 10701(e)(2) of Pub. L. 11111 section 620 of this title A prior section 615jj, Pub. L. 87483,  2 June 13, 1962 76 Stat. 96 Pub. L. 11111, title X,  10402(a) Mar. 30, 2009 123 Stat. 1372 Pub. L. 11111 section 10701(e)(2) of Pub. L. 11111 section 620 of this title Section 615kk, Pub. L. 87483,  3 June 13, 1962 76 Stat. 96 Pub. L. 91416,  1(a) Sept. 25, 1970 84 Stat. 867 Section 615 ll Pub. L. 87483,  4 June 13, 1962 76 Stat. 97 Section 615mm, Pub. L. 87483,  5 June 13, 1962 76 Stat. 97 Section 615nn, Pub. L. 87483,  6 June 13, 1962 76 Stat. 97 Section 615 oo Pub. L. 87483,  7 June 13, 1962 76 Stat. 97 Pub. L. 91416,  1(b) Sept. 25, 1970 84 Stat. 867 Section 615pp, Pub. L. 87483,  8 June 13, 1962 76 Stat. 97 Section 615qq, Pub. L. 87483,  9 June 13, 1962 76 Stat. 99 Section 615rr, Pub. L. 87483,  10 June 13, 1962 76 Stat. 99 Section 615ss, Pub. L. 87483,  11 June 13, 1962 76 Stat. 99 Pub. L. 11111, title X,  10402(b) Mar. 30, 2009 123 Stat. 1373 Pub. L. 11111 section 10701(e)(2) of Pub. L. 11111 section 620 of this title Section 615tt, Pub. L. 87483,  12 June 13, 1962 76 Stat. 100 Section 615uu, Pub. L. 87483,  13 June 13, 1962 76 Stat. 101 43 U.S.C. 617 43 U.S.C. 618 43 U.S.C. 620 Section 615vv, Pub. L. 87483,  14 June 13, 1962 76 Stat. 101 Section 615ww, Pub. L. 87483,  15 June 13, 1962 76 Stat. 102 Section 615xx, Pub. L. 87483,  16 June 13, 1962 76 Stat. 102 Section 615yy, Pub. L. 87483,  17 June 13, 1962 76 Stat. 102 Section 615zz, Pub. L. 91416,  2 Sept. 25, 1970 84 Stat. 867 SUBCHAPTER XXXI CLOSED BASIN DIVISION; SAN LUIS VALLEY PROJECT, COLORADO  615aaa to 615iii. Omitted  Editorial Notes Codification Section 615aaa, Pub. L. 92514, title I,  101 Oct. 20, 1972 86 Stat. 964 Pub. L. 96375,  6(a) Oct. 3, 1975 94 Stat. 1507 Pub. L. 98570,  1(1) Oct. 30, 1984 98 Stat. 2941 Pub. L. 100516,  22(1) Oct. 24, 1988 102 Stat. 2575 Section 615bbb, Pub. L. 92514, title I,  102 Oct. 20, 1972 86 Stat. 964 Pub. L. 96375,  6(b) Oct. 3, 1975 94 Stat. 1507 Pub. L. 100516,  22(3) Oct. 24, 1988 102 Stat. 2575 Section 615ccc, Pub. L. 92514, title I,  103 Oct. 20, 1972 86 Stat. 965 Section 615ddd, Pub. L. 92514, title I,  104 Oct. 20, 1972 86 Stat. 965 Pub. L. 98570,  1(3) Oct. 30, 1984 98 Stat. 2941 Pub. L. 100516,  22(5) Oct. 24, 1988 102 Stat. 2575 Section 615eee, Pub. L. 92514, title I,  105 Oct. 20, 1972 86 Stat. 965 Pub. L. 98570,  1(4) Oct. 30, 1984 98 Stat. 2942 Section 615fff, Pub. L. 92514, title I,  106 Oct. 20, 1972 86 Stat. 966 Section 615ggg, Pub. L. 92514, title I,  107 Oct. 20, 1972 86 Stat. 966 Section 615hhh, Pub. L. 92514, title I,  108 Oct. 20, 1972 86 Stat. 966 Pub. L. 92514 Section 615iii, Pub. L. 92514, title I,  109 Oct. 20, 1972 86 Stat. 966 Pub. L. 96375,  6(c) Oct. 3, 1975 94 Stat. 1507 Pub. L. 100516,  22(7) Oct. 24, 1988 102 Stat. 2576 SUBCHAPTER XXXII BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO  615jjj to 615ooo. Omitted  Editorial Notes Codification Section 615jjj, Pub. L. 92514, title II,  201 Oct. 20, 1972 86 Stat. 966 Section 615kkk, Pub. L. 92514, title II,  202 Oct. 20, 1972 86 Stat. 966 Section 615 lll Pub. L. 92514, title II,  203 Oct. 20, 1972 86 Stat. 967 Pub. L. 92514 Section 615mmm, Pub. L. 92514, title II,  204 Oct. 20, 1972 86 Stat. 967 Section 615nnn, Pub. L. 92514, title II,  205 Oct. 20, 1972 86 Stat. 967 Section 615 ooo Pub. L. 92514, title II,  206 Oct. 20, 1972 86 Stat. 967 Pub. L. 96375,  11 Oct. 3, 1975 94 Stat. 1507 SUBCHAPTER XXXIII SALMON FALLS DIVISION, UPPER SNAKE RIVER PROJECT, IDAHO  615ppp to 615www. Omitted  Editorial Notes Codification Section 615ppp, Pub. L. 92514, title III,  301 Oct. 20, 1972 86 Stat. 967 Section 615qqq, Pub. L. 92514, title III,  302 Oct. 20, 1972 86 Stat. 967 Section 615rrr, Pub. L. 92514, title III,  303 Oct. 20, 1972 86 Stat. 968 Section 615sss, Pub. L. 92514, title III,  304 Oct. 20, 1972 86 Stat. 968 Section 615ttt, Pub. L. 92514, title III,  305 Oct. 20, 1972 86 Stat. 968 Section 615uuu, Pub. L. 92514, title III,  306 Oct. 20, 1972 86 Stat. 968 Section 615vvv, Pub. L. 92514, title III,  307 Oct. 20, 1972 86 Stat. 968 Section 615www, Pub. L. 92514, title III,  308 Oct. 20, 1972 86 Stat. 968 SUBCHAPTER XXXIV ONEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA  615xxx to 615cccc. Omitted  Editorial Notes Codification Section 615xxx, Pub. L. 92514, title IV,  401 Oct. 20, 1972 86 Stat. 968 Section 615yyy, Pub. L. 92514, title IV,  402 Oct. 20, 1972 86 Stat. 969 Section 615zzz, Pub. L. 92514, title IV,  403 Oct. 20, 1972 86 Stat. 969 Section 615aaaa, Pub. L. 92514, title IV,  404 Oct. 20, 1972 86 Stat. 969 Section 615bbbb, Pub. L. 92514, title IV,  405 Oct. 20, 1972 86 Stat. 969 Section 615cccc, Pub. L. 92514, title IV,  406 Oct. 20, 1972 86 Stat. 969 SUBCHAPTER XXXV NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA  615dddd to 615jjjj. Omitted  Editorial Notes Codification Section 615dddd, Pub. L. 92514, title V,  501 Oct. 20, 1972 86 Stat. 969 Pub. L. 108318,  1 Oct. 5, 2004 118 Stat. 1211 Section 615eeee, Pub. L. 92514, title V,  502 Oct. 20, 1972 86 Stat. 969 Section 615ffff, Pub. L. 92514, title V,  503 Oct. 20, 1972 86 Stat. 970 Section 615gggg, Pub. L. 92514, title V,  504 Oct. 20, 1972 86 Stat. 970 Section 615hhhh, Pub. L. 92514, title V,  505 Oct. 20, 1972 86 Stat. 970 Section 615iiii, Pub. L. 92514, title V,  506 Oct. 20, 1972 86 Stat. 970 Section 615jjjj, Pub. L. 92514, title V,  507 Oct. 20, 1972 86 Stat. 970 Statutory Notes and Related Subsidiaries Virginia Smith Dam and Calamus Lake Recreation Area Pub. L. 101359 Aug. 10, 1990 104 Stat. 420 Jan. 3, 1991 SUBCHAPTER XXXVI POLECAT BENCH AREA, SHOSHONE EXTENSIONS UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, WYOMING  615kkkk to 615kkkk6. Omitted  Editorial Notes Codification Section 615kkkk, Pub. L. 94228, title I,  101 Mar. 11, 1976 90 Stat. 205 Section 615kkkk1, Pub. L. 94228, title I,  102 Mar. 11, 1976 90 Stat. 205 Section 615kkkk2, Pub. L. 94228, title I,  103 Mar. 11, 1976 90 Stat. 205 Section 615kkkk3, Pub. L. 94228, title I,  104 Mar. 11, 1976 90 Stat. 206 Section 615kkkk4, Pub. L. 94228, title I,  105 Mar. 11, 1976 90 Stat. 206 Section 615kkkk5, Pub. L. 94228, title I,  106 Mar. 11, 1976 90 Stat. 206 Section 615kkkk6, Pub. L. 94228, title I,  107 Mar. 11, 1976 90 Stat. 206 SUBCHAPTER XXXVII POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, SOUTH DAKOTA  615llll to 615llll5. Omitted  Editorial Notes Codification Section 615 llll Pub. L. 94228, title IV,  401 Mar. 11, 1976 90 Stat. 208 Section 615 llll Pub. L. 94228, title IV,  402 Mar. 11, 1976 90 Stat. 208 Section 615 llll Pub. L. 94228, title IV,  403 Mar. 11, 1976 90 Stat. 208 Section 615 llll Pub. L. 94228, title IV,  404 Mar. 11, 1976 90 Stat. 208 Section 615 llll Pub. L. 94228, title IV,  405 Mar. 11, 1976 90 Stat. 208 Section 615 llll Pub. L. 94228, title IV,  406 Mar. 11, 1976 90 Stat. 208  615llll6. Repealed. Pub. L. 100516,  12(a) Oct. 24, 1988 102 Stat. 2572   Section, Pub. L. 94228, title IV,  407 Mar. 11, 1976 90 Stat. 209 Section 12(a) of Pub. L. 100516 The Pollock-Herreid Unit shall remain an authorized feature of the Pick-Sloan Missouri Basin Program. SUBCHAPTER XXXVIII FRYINGPAN-ARKANSAS PROJECT, COLORADO  616 to 616f. Omitted  Editorial Notes Codification Section 616, Pub. L. 87590,  1 Aug. 16, 1962 76 Stat. 389 Pub. L. 11111, title IX,  9115(a) Mar. 30, 2009 123 Stat. 1320 Section 616a, Pub. L. 87590,  2 Aug. 16, 1962 76 Stat. 390 Pub. L. 11111, title IX,  9115(b) Mar. 30, 2009 123 Stat. 1321 Section 616b, Pub. L. 87590,  3 Aug. 16, 1962 76 Stat. 391 Section 616c, Pub. L. 87590,  4 Aug. 16, 1962 76 Stat. 391 Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Section 616d, Pub. L. 87590,  5 Aug. 16, 1962 76 Stat. 392 43 U.S.C. 617 43 U.S.C. 618 43 U.S.C. 620 Section 616e, Pub. L. 87590,  6 Aug. 16, 1962 76 Stat. 393 Section 616f, Pub. L. 87590,  7 Aug. 16, 1962 76 Stat. 393 Pub. L. 93493, title XI,  1101 Oct. 27, 1974 88 Stat. 1497 Pub. L. 11111, title IX,  9115(c) Mar. 30, 2009 123 Stat. 1321 SUBCHAPTER XXXIX MANN CREEK PROJECT, IDAHO  616g to 616j. Omitted  Editorial Notes Codification Section 616g, Pub. L. 87589,  1 Aug. 16, 1962 76 Stat. 388 Section 616h, Pub. L. 87589,  2 Aug. 16, 1962 76 Stat. 388 Section 616i, Pub. L. 87589,  3 Aug. 16, 1962 76 Stat. 389 Section 616j, Pub. L. 87589,  4 Aug. 16, 1962 76 Stat. 389 Pub. L. 8960 June 30, 1965 79 Stat. 207 SUBCHAPTER XL ARBUCKLE PROJECT, OKLAHOMA  616k to 616s. Omitted  Editorial Notes Codification Section 616k, Pub. L. 87594,  1 Aug. 24, 1962 76 Stat. 395 Section 616 l Pub. L. 87594,  2 Aug. 24, 1962 76 Stat. 395 Section 616m, Pub. L. 87594,  3 Aug. 24, 1962 76 Stat. 396 Section 616n, Pub. L. 87594,  4 Aug. 24, 1962 76 Stat. 396 Section 616 o Pub. L. 87594,  5 Aug. 24, 1962 76 Stat. 397 Section 616p, Pub. L. 87594,  6 Aug. 24, 1962 76 Stat. 397 Section 616q, Pub. L. 87594,  7 Aug. 24, 1962 76 Stat. 397 Section 616r, Pub. L. 87594,  8 Aug. 24, 1962 76 Stat. 397 Section 616s, Pub. L. 87594,  9 Aug. 24, 1962 76 Stat. 397 SUBCHAPTER XLI BAKER PROJECT, OREGON  616t to 616w. Omitted  Editorial Notes Codification Section 616t, Pub. L. 87706,  1 Sept. 27, 1962 76 Stat. 634 Section 616u, Pub. L. 87706,  2 Sept. 27, 1962 76 Stat. 634 Section 616v, Pub. L. 87706,  3 Sept. 27, 1962 76 Stat. 634 Section 616w, Pub. L. 87706,  4 Sept. 27, 1962 76 Stat. 635 SUBCHAPTER XLII DIXIE PROJECT, UTAH  616aa to 616hh. Omitted  Editorial Notes Codification Section 616aa, Pub. L. 88565,  1 Sept. 2, 1964 78 Stat. 848 Section 616aa1, Pub. L. 90537, title III,  307 Sept. 30, 1968 82 Stat. 893 Section 616bb, Pub. L. 88565,  2 Sept. 2, 1964 78 Stat. 848 Section 616cc, Pub. L. 88565,  3 Sept. 2, 1964 78 Stat. 848 Section 616dd, Pub. L. 88565,  4 Sept. 2, 1964 78 Stat. 848 Section 616ee, Pub. L. 88565,  5 Sept. 2, 1964 78 Stat. 848 Section 616ff, Pub. L. 88565,  6 Sept. 2, 1964 78 Stat. 849 Section 616gg, Pub. L. 88565,  7 Sept. 2, 1964 78 Stat. 849 43 U.S.C. 617 Section 616hh, Pub. L. 88565,  8 Sept. 2, 1964 78 Stat. 849 Pub. L. 90537, title III,  307 Sept. 30, 1968 82 Stat. 893 SUBCHAPTER XLIII SAVERY-POT HOOK PROJECT, COLORADO-WYOMING; BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLORADO  616ii to 616mm. Omitted  Editorial Notes Codification Section 616ii, Pub. L. 88568,  2 Sept. 2, 1964 78 Stat. 852 Section 616jj, Pub. L. 88568,  3 Sept. 2, 1964 78 Stat. 852 Aug. 28, 1958 72 Stat. 963 Section 616kk, Pub. L. 88568,  4 Sept. 2, 1964 78 Stat. 852 Section 616 ll Pub. L. 88568,  5 Sept. 2, 1964 78 Stat. 853 Section 616mm, Pub. L. 88568,  1 Sept. 2, 1964 78 Stat. 852 SUBCHAPTER XLIV LOWER TETON DIVISION OF TETON BASIN PROJECT, IDAHO  616nn to 616rr. Omitted  Editorial Notes Codification Section 616nn, Pub. L. 88583,  1 Sept. 7, 1964 78 Stat. 925 Section 616 oo Pub. L. 88583,  2 Sept. 7, 1964 78 Stat. 925 Section 616pp, Pub. L. 88583,  3 Sept. 7, 1964 78 Stat. 925 Section 616qq, Pub. L. 88583,  4 Sept. 7, 1964 78 Stat. 926 Pub. L. 96470,  108(d) Oct. 19, 1980 94 Stat. 2239 Section 616rr, Pub. L. 88583,  5 Sept. 7, 1964 78 Stat. 926 SUBCHAPTER XLV WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT, WASHINGTON  616ss to 616vv5. Omitted  Editorial Notes Codification Section 616ss, Pub. L. 88599,  1 Sept. 18, 1964 78 Stat. 955 Section 616tt, Pub. L. 88599,  2 Sept. 18, 1964 78 Stat. 955 July 27, 1954 68 Stat. 568 Section 616uu, Pub. L. 88599,  3 Sept. 18, 1964 78 Stat. 955 Section 616vv, Pub. L. 88599,  4 Sept. 18, 1964 78 Stat. 956 Section 616vv1, Pub. L. 89557,  1 Sept. 7, 1966 80 Stat. 704 Section 616vv2, Pub. L. 89557,  2 Sept. 7, 1966 80 Stat. 704 Section 616vv3, Pub. L. 89557,  3 Sept. 7, 1966 80 Stat. 704 Section 616vv4, Pub. L. 89557,  4 Sept. 7, 1966 80 Stat. 704 Section 616vv5, Pub. L. 89557,  5 Sept. 7, 1966 80 Stat. 705 SUBCHAPTER XLVI McKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON  616ww to 616ww5. Omitted  Editorial Notes Codification Section 616ww, Pub. L. 94228, title III,  301 Mar. 11, 1976 90 Stat. 207 Section 616ww1, Pub. L. 94228, title III,  302 Mar. 11, 1976 90 Stat. 207 Section 616ww2, Pub. L. 94228, title III,  303 Mar. 11, 1976 90 Stat. 207 Section 616ww3, Pub. L. 94228, title III,  304 Mar. 11, 1976 90 Stat. 207 Section 616ww4, Pub. L. 94228, title III,  305 Mar. 11, 1976 90 Stat. 207 Section 616ww5, Pub. L. 94228, title III,  306 Mar. 11, 1976 90 Stat. 207 SUBCHAPTER XLVII AUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION: CENTRAL VALLEY PROJECT, CALIFORNIA  616aaa to 616fff7. Omitted  Editorial Notes Codification Section 616aaa, Pub. L. 89161,  1 Sept. 2, 1965 79 Stat. 615 Section 616bbb, Pub. L. 89161,  2 Sept. 2, 1965 79 Stat. 616 Section 616ccc, Pub. L. 89161,  3 Sept. 2, 1965 79 Stat. 616 Section 616ddd, Pub. L. 89161,  4 Sept. 2, 1965 79 Stat. 618 Section 616eee, Pub. L. 89161,  5 Sept. 2, 1965 79 Stat. 618 Section 616fff, Pub. L. 89161,  6 Sept. 2, 1965 79 Stat. 618 Section 616fff1, Pub. L. 9072,  1 Aug. 27, 1967 81 Stat. 173 Section 616fff2, Pub. L. 9072,  2 Aug. 27, 1967 81 Stat. 174 Section 616fff3, Pub. L. 9072,  3 Aug. 27, 1967 81 Stat. 174 Section 616fff4, Pub. L. 9072,  4 Aug. 27, 1967 81 Stat. 174 Section 616fff5, Pub. L. 9072,  5 Aug. 27, 1967 81 Stat. 174 Section 616fff6, Pub. L. 9072,  6 Aug. 27, 1967 81 Stat. 174 Section 616fff7, Pub. L. 9072,  7 Aug. 27, 1967 81 Stat. 174 SUBCHAPTER XLVIII SOUTHERN NEVADA PROJECT, NEVADA  616ggg to 616mmm. Omitted  Editorial Notes Codification Section 616ggg, Pub. L. 89292,  1 Oct. 22, 1965 79 Stat. 1068 Section 616hhh, Pub. L. 89292,  2 Oct. 22, 1965 79 Stat. 1068 Section 616iii, Pub. L. 89292,  3 Oct. 22, 1965 79 Stat. 1068 Section 616jjj, Pub. L. 89292,  4 Oct. 22, 1965 79 Stat. 1069 Section 616kkk, Pub. L. 89292,  5 Oct. 22, 1965 79 Stat. 1069 Section 616 lll Pub. L. 89292,  6 Oct. 22, 1965 79 Stat. 1069 Pub. L. 89510 July 19, 1966 80 Stat. 312 Section 616mmm, Pub. L. 89292,  7 Oct. 22, 1965 79 Stat. 1069 SUBCHAPTER XLIX TUALATIN PROJECT, OREGON  616nnn to 616sss. Omitted  Editorial Notes Codification Section 616nnn, Pub. L. 89596,  1 Sept. 20, 1966 80 Stat. 822 Section 616 ooo Pub. L. 89596,  2 Sept. 20, 1966 80 Stat. 822 Section 616ppp, Pub. L. 89596,  3 Sept. 20, 1966 80 Stat. 822 Section 616qqq, Pub. L. 89596,  4 Sept. 20, 1966 80 Stat. 822 Section 616rrr, Pub. L. 89596,  5 Sept. 20, 1966 80 Stat. 823 Section 616sss, Pub. L. 89596,  6 Sept. 20, 1966 80 Stat. 823 SUBCHAPTER L MISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA  616ttt to 616yyy. Omitted  Editorial Notes Codification Section 616ttt, Pub. L. 90453,  1 Aug. 3, 1968 82 Stat. 624 Section 616uuu, Pub. L. 90453,  2 Aug. 3, 1968 82 Stat. 624 Section 616vvv, Pub. L. 90453,  3 Aug. 3, 1968 82 Stat. 625 Section 616www, Pub. L. 90453,  4 Aug. 3, 1968 82 Stat. 625 Section 616xxx, Pub. L. 90453,  5 Aug. 3, 1968 82 Stat. 625 Section 616yyy, Pub. L. 90453,  6 Aug. 3, 1968 82 Stat. 625 SUBCHAPTER LI MOUNTAIN PARK PROJECT, OKLAHOMA  Statutory Notes and Related Subsidiaries  Change of Name Pub. L. 9477 Aug. 9, 1975 89 Stat. 410 That the Mountain Park Reservoir, Oklahoma, authorized to be constructed by the Act of September 21, 1968 82 Stat. 853  616aaaa to 616ffff2. Omitted  Editorial Notes Codification Section 616aaaa, Pub. L. 90503,  1 Sept. 21, 1968 82 Stat. 853 Pub. L. 93493, title III,  301 Oct. 27, 1974 88 Stat. 1492 Pub. L. 103434, title IV,  402(a) Oct. 31, 1994 108 Stat. 4536 Section 616bbbb, Pub. L. 90503,  2 Sept. 21, 1968 82 Stat. 853 Section 616cccc, Pub. L. 90503,  3 Sept. 21, 1968 82 Stat. 854 Section 616dddd, Pub. L. 90503,  4 Sept. 21, 1968 82 Stat. 854 Section 616eeee, Pub. L. 90503,  5 Sept. 21, 1968 82 Stat. 854 Section 616ffff, Pub. L. 90503,  6 Sept. 21, 1968 82 Stat. 854 Section 616ffff1, Pub. L. 93493, title III,  302 Oct. 27, 1974 88 Stat. 1492 Section 616ffff2, Pub. L. 90503,  7 Pub. L. 103434, title IV,  402(b) Oct. 31, 1994 108 Stat. 4536 SUBCHAPTER LII PALMETTO BEND PROJECT, TEXAS  616gggg to 616llll. Omitted  Editorial Notes Codification Section 616gggg, Pub. L. 90562,  1 Oct. 12, 1968 82 Stat. 999 Section 616hhhh, Pub. L. 90562,  2 Oct. 12, 1968 82 Stat. 999 Section 616iiii, Pub. L. 90562,  3 Oct. 12, 1968 82 Stat. 999 Section 616jjjj, Pub. L. 90562,  4 Oct. 12, 1968 82 Stat. 1000 Section 616kkkk, Pub. L. 90562,  5 Oct. 12, 1968 82 Stat. 1000 Section 616 llll Pub. L. 90562,  6 Oct. 12, 1968 82 Stat. 1000 SUBCHAPTER LIII MERLIN DIVISION; ROGUE RIVER BASIN PROJECT, OREGON  616mmmm to 616ssss. Omitted  Editorial Notes Codification Section 616mmmm, Pub. L. 91270,  1 May 28, 1970 84 Stat. 273 Section 616nnnn, Pub. L. 91270,  2 May 28, 1970 84 Stat. 273 Section 616 oooo Pub. L. 91270,  3 May 28, 1970 84 Stat. 273 Section 616pppp, Pub. L. 91270,  4 May 28, 1970 84 Stat. 273 Section 616qqqq, Pub. L. 91270,  5 May 28, 1970 84 Stat. 273 Section 616rrrr, Pub. L. 91270,  6 May 28, 1970 84 Stat. 273 Section 616ssss, Pub. L. 91270,  7 May 28, 1970 84 Stat. 274 SUBCHAPTER LIV TOUCHET DIVISION; WALLA WALLA PROJECT, OREGON-WASHINGTON  616tttt to 616yyyy. Omitted  Editorial Notes Codification Section 616tttt, Pub. L. 91307,  1 July 7, 1970 84 Stat. 409 Section 616uuuu, Pub. L. 91307,  2 July 7, 1970 84 Stat. 409 Section 616vvvv, Pub. L. 91307,  3 July 7, 1970 84 Stat. 409 Section 616wwww, Pub. L. 91307,  4 July 7, 1970 84 Stat. 409 Section 616xxxx, Pub. L. 91307,  5 July 7, 1970 84 Stat. 410 Section 616yyyy, Pub. L. 91307,  6 July 7, 1970 84 Stat. 410 Pub. L. 94175 Dec. 23, 1975 89 Stat. 1030 CHAPTER 12A BOULDER CANYON PROJECT    SUBCHAPTER IBOULDER CANYON PROJECT ACT  Sec.  617. Colorado River Basin; protection and development; dam, reservoir, and incidental works; water, water power, and electrical energy; eminent domain.  617a. Colorado River Dam Fund.  617b. Authorization of appropriations.  617c. Condition precedent to taking effect of provisions.  617d. Contracts for storage and use of waters for irrigation and domestic purposes; generation and sale of electrical energy.  617e. Uses to be made of dam and reservoir; title in whom; leases, regulations; limitation on authority.  617f. Canals and appurtenant structures; transfer of title; power development.  617g. Colorado River compact as controlling authority in construction and maintenance of dam, reservoir, canals, and other works.  617h. Lands capable of irrigation and reclamation by irrigation works; public entry; preferences.  617i. Modification of existing compact relating to Laguna Dam.  617j. Omitted.  617k. Definitions.  617l. Colorado River compact approval.  617m. Reclamation law applicable.  617n. Projects for irrigation, generation of electric power, and other purposes; investigations and reports.  617o. Officials of ratifying States; authority to act in advisory capacity; access to records.  617p. Claims of United States; priority.  617q. Effect on authority of States to control waters within own borders.  617r. Consent given States to negotiate supplemental compacts for development of Colorado River.  617s. Recognition of rights of Mexico to Colorado River waters.  617t. Short title.  617u. Lease of reserved lands in Boulder City, Nevada; disposition of revenues.  617v. Repealed.  SUBCHAPTER IIBOULDER CANYON PROJECT ADJUSTMENT ACT  618. Promulgation of charges for electrical energy.  618a. Receipts from project; disposition.  618a1. Availability of Colorado River Development Fund for investigation and construction purposes.  618b. Reduction of payments and transfers where revenue is insufficient.  618c. Charges as retroactive; adjustment of accounts.  618d. Readvances from Treasury where Dam Fund is insufficient to meet cost of replacements.  618e. Interest payments; rate.  618f. Repayment of advances for flood control.  618g. Regulations; contracts; modification of allotments of energy.  618h. Termination of existing lease of Hoover Power Plant; lessees as agents of United States; termination of agency.  618i. Effective date.  618j. Effect of refusal to modify existing contracts.  618k. Definitions.  618l. Repealed.  618m. Effect on existing laws and States rights.  618n. Wages of employees.  618o. Short title.  618p. Omitted.  SUBCHAPTER IIIHOOVER DAM CONTRACTS AND FACILITIES  619. Increase in capacity of existing generating equipment at Hoover Powerplant; construction of Colorado River bridge crossing.  619a. Renewal contracts for power.  619b. Reimbursement of funds advanced by non-Federal purchasers; uprating program; repayment requirement; visitor facilities program.  Statutory Notes and Related Subsidiaries Consolidation of Certain Projects; Effect on This Chapter Act May 28, 1954, ch. 241 68 Stat. 143  For the purposes of effecting economies and increased efficiency in the construction, operation, and maintenance thereof and of accounting for the return of reimbursable costs, the Secretary of the Interior is authorized and directed to consolidate and administer as a single project to be known as the Parker-Davis project, Arizona-California-Nevada, the projects known as the Parker Dam power project, Arizona-California, and the Davis Dam project, Arizona-Nevada: Provided 45 Stat. 1057 54 Stat. 774 February 3, 1944 Provided further Sec. 2. Funds heretofore appropriated for the Parker Dam power project, Arizona-California, and the Davis Dam project, Arizona-Nevada, shall be consolidated and shall be and remain available for the purposes for which they were appropriated. SUBCHAPTER I BOULDER CANYON PROJECT ACT  Statutory Notes and Related Subsidiaries Consolidation of Certain Projects; Effect on This Subchapter Consolidation of Parker and Davis Dam projects as not affecting this subchapter, see note preceding this subchapter.  617. Colorado River Basin; protection and development; dam, reservoir, and incidental works; water, water power, and electrical energy; eminent domain  For the purpose of controlling the floods, improving navigation, and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters thereof for reclamation of public lands and other beneficial uses exclusively within the United States, and for the generation of electrical energy as a means of making the project herein authorized a self-supporting and financially solvent undertaking, the Secretary of the Interior subject to the terms of the Colorado River compact hereinafter mentioned in this chapter, is authorized to construct, operate, and maintain a dam and incidental works in the main stream of the Colorado River at Black Canyon or Boulder Canyon adequate to create a storage reservoir of a capacity of not less than twenty million acre-feet of water and a main canal and appurtenant structures located entirely within the United States connecting the Laguna Dam, or other suitable diversion dam, which the Secretary of the Interior is authorized to construct if deemed necessary or advisable by him upon engineering or economic considerations, with the Imperial and Coachella Valleys in California, the expenditures for said main canal and appurtenant structures to be reimbursable, as provided in the reclamation law, and shall not be paid out of revenues derived from the sale or disposal of water power or electric energy at the dam authorized to be constructed at said Black Canyon or Boulder Canyon, or for water for potable purposes outside of the Imperial and Coachella Valleys: Provided, however ( Dec. 21, 1928, ch. 42,  1 45 Stat. 1057  Editorial Notes  References in Text The reclamation law, referred to in text, is defined in section 617k of this title Statutory Notes and Related Subsidiaries  Change of Name Act Apr. 30, 1947, ch. 46 61 Stat. 56 Construction With Other Laws Pub. L. 98381, title I,  103(b) Aug. 17, 1984 98 Stat. 1334 Except as amended by this Act [amending sections 617a and 617b of this title], the Boulder Canyon Project Act of 1928 ( 45 Stat. 1057 43 U.S.C. 617 Act Aug. 4, 1939, ch. 418,  18 section 485j of this title Gila project, Arizona, as not amending this subchapter, see section 8 of Act July 30, 1947, ch. 382 61 Stat. 628 section 613 of this title  617a. Colorado River Dam Fund (a) Creation of fund; purpose; receipts and expenditures under control of Secretary of the Interior There is established a special fund, to be known as the Colorado River Dam fund (hereinafter referred to as the fund), and to be available, as hereafter provided for, only for carrying out the provisions of this subchapter. All revenues received in carrying out the provisions of this subchapter shall be paid into and expenditures shall be made out of the fund, under the direction of the Secretary of the Interior. (b) Advancements to fund by Secretary of the Treasury; allocation; repayment; interest The Secretary of the Treasury is authorized to advance to the fund, from time to time and within the appropriations therefor, such amounts as the Secretary of the Interior deems necessary for carrying out the provisions of this subchapter.. 1 1 section 617c of this title (c) Limitation on use made of advancements Moneys in the fund advanced under subdivision (b) shall be available only for expenditures for construction and the payment of interest, during construction, upon the amounts so advanced. No expenditures out of the fund shall be made for operation and maintenance except from appropriations therefor. (d) Unpaid interest on advancements; charge on fund; rate of interest The Secretary of the Treasury shall charge the fund as of June 30 in each year with such amount as may be necessary for the payment of interest on advances made under subdivision (b) at the rate of 4 per centum per annum accrued during the year upon the amounts so advanced and remaining unpaid, except that if the fund is insufficient to meet the payment of interest the Secretary of the Treasury may, in his discretion, defer any part of such payment, and the amount so deferred shall bear interest at the rate of 4 per centum per annum until paid. (e) Money in fund in excess of amount needed; certification of fact; disposition The Secretary of the Interior shall certify to the Secretary of the Treasury, at the close of each fiscal year, the amount of money in the fund in excess of the amount necessary for construction, operation, and maintenance, and payment of interest. Upon receipt of each such certificate the Secretary of the Treasury is authorized and directed to charge the fund with the amount so certified as repayment of the advances made under subdivision (b), which amount shall be covered into the Treasury to the credit of miscellaneous receipts. ( Dec. 21, 1928, ch. 42,  2 45 Stat. 1057 Pub. L. 98381, title I,  103(a)(1) Aug. 17, 1984 98 Stat. 1334  Editorial Notes Amendments 1984Subsec. (b). Pub. L. 98381  617b. Authorization of appropriations  There is authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such sums of money as may be necessary to carry out the purposes of this subchapter, not exceeding in the aggregate $242,000,000, of which $77,000,000 (October 1983 price levels) shall be adjusted plus or minus such amounts as may be justified by reason of ordinary fluctuations of construction costs as indicated by engineering cost indices applicable to the type of construction involved herein. Said $77,000,000 represents the additional amount required for the uprating program and the visitor facilities program. ( Dec. 21, 1928, ch. 42,  3 45 Stat. 1058 Pub. L. 98381, title I,  103(a)(2) Aug. 17, 1984 98 Stat. 1334  Editorial Notes Amendments 1984 Pub. L. 98381  617c. Condition precedent to taking effect of provisions (a) Ratification by interested States of Colorado River compact; agreements for apportionment of waters This subchapter shall not take effect and no authority shall be exercised under this subchapter and no work shall be begun and no moneys expended on or in connection with the works or structures provided for in this subchapter, and no water rights shall be claimed or initiated thereunder, and no steps shall be taken by the United States or by others to initiate or perfect any claims to the use of water pertinent to such works or structures unless and until (1) the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming shall have ratified the Colorado River compact, mentioned in section 617 l December 21, 1928 December 21, 1928 The States of Arizona, California, and Nevada are authorized to enter into an agreement which shall provide (1) that of the 7,500,000 acre-feet annually apportioned to the lower basin by paragraph (a) of Article III of the Colorado River compact, there shall be apportioned to the State of Nevada 300,000 acre-feet and to the State of Arizona 2,800,000 acre-feet for exclusive beneficial consumptive use in perpetuity, and (2) that the State of Arizona may annually use one-half of the excess or surplus waters unapportioned by the Colorado River compact, and (3) that the State of Arizona shall have the exclusive beneficial consumptive use of the Gila River and its tributaries within the boundaries of said State, and (4) that the waters of the Gila River and its tributaries, except return flow after the same enters the Colorado River, shall never be subject to any diminution whatever by any allowance of water which may be made by treaty or otherwise to the United States of Mexico but if, as provided in paragraph (c) of Article III of the Colorado River compact, it shall become necessary to supply water to the United States of Mexico from waters over and above the quantities which are surplus as defined by said compact, then the State of California shall and will mutually agree with the State of Arizona to supply out of the main stream of the Colorado River, one-half of any deficiency which must be supplied to Mexico by the lower basin, and (5) that the State of California shall and will further mutually agree with the States of Arizona and Nevada that none of said three States shall withhold water and none shall require the delivery of water, which cannot reasonably be applied to domestic and agricultural uses, and (6) that all of the provisions of said tri-State agreement shall be subject in all particulars to the provisions of the Colorado River compact and (7) said agreement to take effect upon the ratification of the Colorado River compact by Arizona, California, and Nevada. (b) Agreements for revenues to meet expenses of construction, operation, and maintenance of works Before any money is appropriated for the construction of said dam or power plant, or any construction work done or contracted for, the Secretary of the Interior shall make provision for revenues by contract, in accordance with the provisions of this subchapter, adequate in his judgment to insure payment of all expenses of operation and maintenance of said works incurred by the United States and the repayment, within fifty years from the date of the completion of said works, of all amounts advanced to the fund under subdivision (b) of section 617a of this title Before any money is appropriated for the construction of said main canal and appurtenant structures to connect the Laguna Dam with the Imperial and Coachella Valleys in California, or any construction work is done upon said canal or contracted for, the Secretary of the Interior shall make provision for revenues, by contract or otherwise, adequate in his judgment to insure payment of all expenses of construction, operation, and maintenance of said main canal and appurtenant structures in the manner provided in the reclamation law. If during the period of amortization the Secretary of the Interior shall receive revenues in excess of the amount necessary to meet the periodical payments to the United States as provided in the contract, or contracts, executed under this subchapter, then, immediately after the settlement of such periodical payments, he shall pay to the State of Arizona 1834 per centum of such excess revenues and to the State of Nevada 1834 per centum of such excess revenues. ( Dec. 21, 1928, ch. 42,  4 45 Stat. 1058  Editorial Notes  References in Text The reclamation law, referred to in text, is defined in section 617k of this title  617d. Contracts for storage and use of waters for irrigation and domestic purposes; generation and sale of electrical energy  The Secretary of the Interior is authorized, under such general regulations as he may prescribe, to contract for the storage of water in said reservoir and for the delivery thereof at such points on the river and on said canal as may be agreed upon, for irrigation and domestic uses, and generation of electrical energy and delivery at the switchboard to States, municipal corporations, political subdivisions, and private corporations of electrical energy generated at said dam, upon charges that will provide revenue which, in addition to other revenue accruing under the reclamation law and under this subchapter, will in his judgment cover all expenses of operation and maintenance incurred by the United States on account of works constructed under this subchapter and the payments to the United States under subdivision (b) of section 617c of this title section 617c of this title After the repayments to the United States of all money advanced with interest, charges shall be on such basis and the revenues derived therefrom shall be kept in a separate fund to be expended within the Colorado River Basin as may hereafter be prescribed by the Congress. General and uniform regulations shall be prescribed by the said Secretary for the awarding of contracts for the sale and delivery of electrical energy, and for renewals under subdivision (b) of this section, and in making such contracts the following shall govern: (a) Duration of contracts for electrical energy; price of water and electrical energy to yield reasonable returns; readjustments of prices No contract for electrical energy or for generation of electrical energy shall be of longer duration than fifty years from the date at which such energy is ready for delivery. Contracts made pursuant to subdivision (a) of this section shall be made with a view to obtaining reasonable returns and shall contain provisions whereby at the end of fifteen years from the date of their execution and every ten years thereafter, there shall be readjustment of the contract, upon the demand of either party thereto, either upward or downward as to price, as the Secretary of the Interior may find to be justified by competitive conditions at distributing points or competitive centers, and with provisions under which disputes or disagreements as to interpretation or performance of such contract shall be determined either by arbitration or court proceedings, the Secretary of the Interior being authorized to act for the United States in such readjustments or proceedings. (b) Renewal of contracts for electrical energy The holder of any contract for electrical energy not in default thereunder shall be entitled to a renewal thereof upon such terms and conditions as may be authorized or required under the then existing laws and regulations, unless the property of such holder dependent for its usefulness on a continuation of the contract be purchased or acquired and such holder be compensated for damages to its property, used and useful in the transmission and distribution of such electrical energy and not taken, resulting from the termination of the supply. (c) Applicants for purchase of water and electrical energy; preferences Contracts for the use of water and necessary privileges for the generation and distribution of hydroelectric energy or for the sale and delivery of electrical energy shall be made with responsible applicants therefor who will pay the price fixed by the said Secretary with a view to meeting the revenue requirements herein provided for. In case of conflicting applications, if any, such conflicts shall be resolved by the said Secretary, after hearing, with due regard to the public interest, and in conformity with the policy expressed in the Federal Power Act [ 16 U.S.C. 791a The rights covered by such preference shall be contracted for by such State within six months after notice by the Secretary of the Interior and to be paid for on the same terms and conditions as may be provided in other similar contracts made by said Secretary: Provided, however (d) Transmission lines for electrical energy; use; rights of way over public and reserved lands Any agency receiving a contract for electrical energy equivalent to one hundred thousand firm horsepower, or more, may, when deemed feasible by the said Secretary, from engineering and economic considerations and under general regulations prescribed by him, be required to permit any other agency having contracts hereunder for less than the equivalent of twenty-five thousand firm horsepower, upon application to the Secretary of the Interior made within sixty days from the execution of the contract of the agency the use of whose transmission line is applied for, to participate in the benefits and use of any main transmission line constructed or to be constructed by the former for carrying such energy (not exceeding, however, one-fourth the capacity of such line), upon payment by such other agencies of a reasonable share of the cost of construction, operation, and maintenance thereof. The use is authorized of such public and reserved lands of the United States as may be necessary or convenient for the construction, operation, and maintenance of main transmission lines to transmit said electrical energy. ( Dec. 21, 1928, ch. 42,  5 45 Stat. 1060  Editorial Notes  References in Text The reclamation law, referred to in text preceding subsec. (a), is defined in section 617k of this title The Federal Power Act, referred to subsec. (c), which was in the original the Federal Water Power Act, is defined in section 617k of this title section 617k of this title  617e. Uses to be made of dam and reservoir; title in whom; leases, regulations; limitation on authority  The dam and reservoir provided for by section 617 of this title Provided, however section 617d of this title The Secretary of the Interior shall prescribe and enforce rules and regulations conforming with the requirements of the Federal Power Act [ 16 U.S.C. 791a The Federal Power Commission is directed not to issue or approve any permits or licenses under said Federal Power Act [ 16 U.S.C. 791a ( Dec. 21, 1928, ch. 42,  6 45 Stat. 1061  Editorial Notes  References in Text The Federal Power Act, referred to in text, which was in the original the Federal Water Power Act, is defined in section 617k of this title section 617k of this title Statutory Notes and Related Subsidiaries  Transfer of Functions The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. Executive Documents  Transfer of Functions Executive and administrative functions of Federal Power Commission, with certain reservations, transferred to Chairman of Commission, with authority vested in him to authorize their performance by any officer, employee, or administrative unit under his jurisdiction, by Reorg. Plan No. 9 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1265  617f. Canals and appurtenant structures; transfer of title; power development  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  617g. Colorado River compact as controlling authority in construction and maintenance of dam, reservoir, canals, and other works (a) The United States, its permittees, licensees, and contractees, and all users and appropriators of water stored, diverted, carried, and/or distributed by the reservoir, canals, and other works herein, authorized shall observe and be subject to and controlled by said Colorado River compact in the construction, management, and operation of said reservoir, canals, and other works and the storage, diversion, delivery, and use of water for the generation of power, irrigation, and other purposes, anything in this subchapter to the contrary notwithstanding, and all permits, licenses, and contracts shall so provide. (b) Also the United States, in constructing, managing, and operating the dam, reservoir, canals, and other works herein authorized in including the appropriation, delivery, and use of water for the generation of power, irrigation, or other uses, and all users of water thus delivered and all users and appropriators of waters stored by said reservoir and/or carried by said canal, including all permittees and licensees of the United States or any of its agencies, shall observe and be subject to and controlled, anything to the contrary herein notwithstanding, by the terms of such compact, if any, between the States of Arizona, California, and Nevada, or any two thereof, for the equitable division of the benefits, including power, arising from the use of water accruing to said States, subsidiary to and consistent with said Colorado River compact, which may have been negotiated and approved by said States and to which Congress shall have given its consent and approval on or before January 1, 1929 Provided section 617d of this title ( Dec. 21, 1928, ch. 42,  8 45 Stat. 1062  617h. Lands capable of irrigation and reclamation by irrigation works; public entry; preferences  Lands found to be practicable of irrigation and reclamation by irrigation works and withdrawn under the Act of March 6, 1946 43 U.S.C. 617(h) Provided section 433 of this title Provided further Provided further ( Dec. 21, 1928, ch. 42,  9 45 Stat. 1063 Mar. 6, 1946, ch. 58 60 Stat. 36 Pub. L. 94579, title VII,  704 Oct. 21, 1976 90 Stat. 2792  Editorial Notes  References in Text Act of March 6, 1946 43 U.S.C. 617(h) act Mar. 6, 1946, ch. 58 60 Stat. 36 act of Dec. 21, 1928, ch. 42 45 Stat. 1057 The reclamation law, referred to in text, is defined in section 617k of this title Amendments 1976 Pub. L. 94579 March 6, 1946 43 U.S.C. 617(h) act of Dec. 21, 1928, ch. 42 45 Stat. 1057 1946Act Mar. 6, 1946 Statutory Notes and Related Subsidiaries  Change of Name References to Naval Reserve, other than references to Naval Reserve regarding the United States Naval Reserve Retired List, deemed to refer to Navy Reserve, see section 515(h) of Pub. L. 109163 section 10101 of Title 10 Effective Date of 1976 Amendment Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Repeal of Prior Acts Continuing Section Section 6 of Joint Res. July 3, 1952 Apr. 14, 1952, ch. 204 66 Stat. 54 May 28, 1952, ch. 339 66 Stat. 96 June 14, 1952, ch. 437 66 Stat. 137 June 30, 1952, ch. 526 66 Stat. 296 July 3, 1952 June 16, 1952 July 3, 1952  617i. Modification of existing compact relating to Laguna Dam  Nothing in this subchapter shall be construed as modifying in any manner the existing contract, dated October 23, 1918 ( Dec. 21, 1928, ch. 42,  10 45 Stat. 1063  617j. Omitted  Editorial Notes Codification Section, act Dec. 21, 1928, ch. 42,  11 45 Stat. 1063 Dec. 10, 1931  617k. Definitions  Political subdivision or political subdivisions as used in this subchapter shall be understood to include any State, irrigation or other district, municipality, or other governmental organization. Reclamation law as used in this subchapter shall be understood to mean that certain Act of Congress of the United States approved June 17, 1902 Maintenance as used herein shall be deemed to include in each instance provision for keeping the works in good operating condition. The Federal Power Act, [ 16 U.S.C. 791a June 10, 1920 Domestic, whenever employed in this subchapter, shall include water uses defined as domestic in said Colorado River compact. ( Dec. 21, 1928, ch. 42,  12 45 Stat. 1064  Editorial Notes  References in Text That certain Act of Congress of the United States approved June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title The Federal Power Act, referred to in text, was in the original the Federal Water Power Act, which was redesignated the Federal Power Act by section 791a of Title 16 act June 10, 1920, ch. 285 41 Stat. 1063 section 791a of Title 16  617l. Colorado River compact approval (a) Approval by Congress The Colorado River compact signed at Santa Fe, New Mexico, November 24, 1922 August 19, 1921 (b) Rights in waters of Colorado River and tributaries; Colorado River compact as controlling The rights of the United States in or to waters of the Colorado River and its tributaries howsoever claimed or acquired, as well as the rights of those claiming under the United States, shall be subject to and controlled by said Colorado River compact. (c) Patents, grants, contracts, concessions, etc.; Colorado River compact as controlling Also all patents, grants, contracts, concessions, leases, permits, licenses, rights-of-way, or other privileges from the United States or under its authority, necessary or convenient for the use of waters of the Colorado River or its tributaries, or for the generation or transmission of electrical energy generated by means of the waters of said river or its tributaries, whether under this subchapter, the Federal Power Act [ 16 U.S.C. 791a (d) Conditions and covenants referred to herein; nature; how and by whom availed of in litigation The conditions and covenants referred to herein shall be deemed to run with the land and the right, interest, or privilege therein and water right, and shall attach as a matter of law, whether set out or referred to in the instrument evidencing any such patent, grant, contract, concession, lease, permit, license, right-of-way, or other privilege from the United States or under its authority, or not, and shall be deemed to be for the benefit of and be available to the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, and the users of water therein or thereunder, by way of suit, defense, or otherwise, in any litigation respecting the waters of the Colorado River or its tributaries. ( Dec. 21, 1928, ch. 42,  13 45 Stat. 1064  Editorial Notes  References in Text Act of Congress approved August 19, 1921 act Aug. 19, 1921, ch. 72 42 Stat. 171 The Federal Power Act, referred to in subsec. (c), which was in the original the Federal Water Power Act, is defined in section 617k of this title section 617k of this title Statutory Notes and Related Subsidiaries Upper Colorado River Basin Compact The Upper Colorado River Basin Compact signed by the States of Arizona, Colorado, New Mexico, Utah, and Wyoming on October 11, 1948 Apr. 6, 1949, ch. 48 63 Stat. 31  617m. Reclamation law applicable  This subchapter shall be deemed a supplement to the reclamation law, which said reclamation law shall govern the construction, operation, and management of the works herein authorized, except as otherwise therein provided. ( Dec. 21, 1928, ch. 42,  14 45 Stat. 1065  Editorial Notes  References in Text The reclamation law, referred to in text, is defined in section 617k of this title  617n. Projects for irrigation, generation of electric power, and other purposes; investigations and reports  The Secretary of the Interior is authorized and directed to make investigation and public reports of the feasibility of projects for irrigation, generation of electric power, and other purposes in the States of Arizona, Nevada, Colorado, New Mexico, Utah, and Wyoming for the purpose of making such information available to said States and to the Congress and of formulating a comprehensive scheme of control and the improvement and utilization of the water of the Colorado River and its tributaries. The sum of $250,000 is authorized to be appropriated from said Colorado River Dam fund, created by section 617a of this title ( Dec. 21, 1928, ch. 42,  15 45 Stat. 1065  617o. Officials of ratifying States; authority to act in advisory capacity; access to records  In furtherance of any comprehensive plan formulated on and after Dec. 21, 1928 ( Dec. 21, 1928, ch. 42,  16 45 Stat. 1065  617p. Claims of United States; priority  Except as provided in title 11, claims of the United States arising out of any contract authorized by this subchapter shall have priority over all others, secured or unsecured. ( Dec. 21, 1928, ch. 42,  17 45 Stat. 1065 Pub. L. 95598, title III,  332 Nov. 6, 1978 92 Stat. 2679  Editorial Notes Amendments 1978 Pub. L. 95598 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95598 Oct. 1, 1979 section 402(a) of Pub. L. 95598 section 101 of Title 11  617q. Effect on authority of States to control waters within own borders  Nothing herein shall be construed as interfering with such rights as the States had on December 21, 1928 ( Dec. 21, 1928, ch. 42,  18 45 Stat. 1065  617r. Consent given States to negotiate supplemental compacts for development of Colorado River The consent of Congress is given to the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming to negotiate and enter into compacts or agreements, supplemental to and in conformity with the Colorado River compact and consistent with this subchapter for a comprehensive plan for the development of the Colorado River and providing for the storage, diversion, and use of the waters of said river. Any such compact or agreement may provide for the construction of dams, headworks, and other diversion works or structures for flood control, reclamation, improvement of navigation, division of water, or other purposes and/or the construction of power houses or other structures for the purpose of the development of water power and the financing of the same; and for such purposes may authorize the creation of interstate commissions and/or the creation of corporations, authorities, or other instrumentalities. (a) Such consent is given upon condition that a representative of the United States, to be appointed by the President, shall participate in the negotiations and shall make report to Congress of the proceedings and of any compact or agreement entered into. (b) No such compact or agreement shall be binding or obligatory upon any of such States unless and until it has been approved by the legislature of each of such States and by the Congress of the United States. ( Dec. 21, 1928, ch. 42,  19 45 Stat. 1065  617s. Recognition of rights of Mexico to Colorado River waters  Nothing in this subchapter shall be construed as a denial or recognition of any rights, if any, in Mexico to the use of the waters of the Colorado River system. ( Dec. 21, 1928, ch. 42,  20 45 Stat. 1066  617t. Short title  The short title of this subchapter shall be Boulder Canyon Project Act. ( Dec. 21, 1928, ch. 42,  21 45 Stat. 1066  617u. Lease of reserved lands in Boulder City, Nevada; disposition of revenues  The Secretary of the Interior is authorized and empowered, under such rules and regulations as he may prescribe, to establish rental rates for the lease of reserved lands of the United States situate within the exterior boundaries of Boulder City, Nevada, and, without prior advertising, to enter into leases therefor at not less than rates so established and for periods not exceeding fifty-three years from the date of such leases: Provided section 617a of this title ( June 18, 1940, ch. 395 54 Stat. 437  Editorial Notes Codification Section was not enacted as part of the Boulder Canyon Project Act which comprises this subchapter. Statutory Notes and Related Subsidiaries Boulder City Act of 1958 Public Law 85900 Sept. 2, 1958 72 Stat. 1726  617v. Repealed. Pub. L. 85900,  17 Sept. 2, 1958 72 Stat. 1735   Section, act July 31, 1953, ch. 296, title II 67 Stat. 250 SUBCHAPTER II BOULDER CANYON PROJECT ADJUSTMENT ACT  Statutory Notes and Related Subsidiaries Effective Date Effective date of subchapter, see sections 618i, 620f, 620h, 620m of this title. Consolidation of Certain Projects; Effect on This Subchapter Consolidation of Parker and Davis Dam projects as not affecting this subchapter, see note set out preceding subchapter I of this chapter.  618. Promulgation of charges for electrical energy The Secretary of the Interior is authorized and directed to, and he shall, promulgate charges, or the basis of computation thereof, for electrical energy generated at Hoover Dam beginning June 1, 1937 (a) To meet the cost of operation and maintenance, and to provide for replacements, of the project beginning June 1, 1937 (b) To repay to the Treasury, with interest, the advances to the Colorado River Dam Fund for the project made prior to June 1, 1937 section 617a(b) of this title section 618f of this title June 1, 1937 (c) To provide $600,000 for each of the years and for the purposes specified in section 618a(c) of this title (d) To provide $500,000 for each of the years and for the purposes specified in section 618a(d) of this title (e) To provide, by application of the increments to rates specified in section 403(c)(2) of the Colorado River Basin Project Act of 1968, as amended and supplemented [ 43 U.S.C. 1543(c)(2) June 1, 1987 Such charges may be made subject to revisions and adjustments at such times, to such extent, and in such manner, as by the terms of their promulgation the Secretary shall prescribe. ( July 19, 1940, ch. 643,  1 54 Stat. 774 Apr. 30, 1947, ch. 46 61 Stat. 56 Pub. L. 98381, title I,  104(a)(1) Aug. 17, 1984 98 Stat. 1334  Editorial Notes Amendments 1984 Pub. L. 98381,  104(a)(1) June 1, 1937 June 1, 1937 May 31, 1987 Subsec. (a). Pub. L. 98381,  104(a)(1) June 1, 1937 June 1, 1937 May 31, 1987 Subsec. (b). Pub. L. 98381,  104(a)(2) June 1, 1937 June 1, 1937 June 1, 1987 Subsec. (e). Pub. L. 98381,  104(a)(3) Statutory Notes and Related Subsidiaries  Change of Name Act Apr. 30, 1947 Construction With Other Laws Pub. L. 98381, title I,  104(b) Aug. 17, 1984 98 Stat. 1335 Except as amended by this Act [amending sections 618, 618a, 618e, and 618k of this title], the Boulder Canyon Project Adjustment Act of 1940 ( 54 Stat. 774 43 U.S.C. 618  618a. Receipts from project; disposition All receipts from the project shall be paid into the Colorado River Dam Fund and shall be available, without further appropriation, for: (a) Defraying operating expenses Defraying the costs of operation (including purchase of supplemental energy to meet temporary deficiencies in firm energy which the Secretary of Energy is obligated by contract to supply), maintenance and replacements of, and emergency expenditures for, all facilities of the project, within such separate limitations as may be included in annual appropriations Acts; (b) Repayment of cost of construction Repayment to the Treasury, with interest (after making provision for the payments and transfers provided in subdivisions (c) and (d) hereof), of advances to the Colorado River Dam Fund for the construction of the project (excluding the amount allocated to flood control by section 2(b) of the Project Act [ 43 U.S.C. 617a(b) section 618d of this title (c) Commutation payments to Arizona and Nevada Payment subject to the provisions of section 618b of this title 43 U.S.C. 617c(b) May 31, 1938 May 31, 1987 July 19, 1940 Notwithstanding the foregoing provisions of this subsection, in the event that there are levied and collected by or under authority of Arizona or Nevada or by any lawful taxing political subdivision thereof, taxes upon (i) the project as herein defined; (ii) the electrical energy generated at Hoover Dam by means of facilities, machinery, or equipment both owned and operated by the United States, or owned by the United States and operated under contract with the United States; (iii) the privilege of generating or transforming such electrical energy or of use of such facilities, machinery, or equipment or of falling water for such generation or transforming; or (iv) the transmission or control of such electrical energy so generated or transformed (as distinguished from the transmission lines and other physical properties used for such transmission or control) or the use of such transmission lines or other physical properties for such transmission or control, payments made hereunder to the State by or under the authority of which such taxes are collected shall be reduced by an amount equivalent to such taxes. Nothing herein shall in anywise impair the right of either the State of Arizona or the State of Nevada, or any lawful taxing political subdivision of either of them, to collect non-discriminatory taxes upon that portion of the transmission lines and all other physical properties, situated within such State and such political subdivision, respectively, and belonging to any of the lessees and/or allottees under the Project Act [ 43 U.S.C. 617 43 U.S.C. 617 section 618b of this title (d) Transfer of sums to Colorado River Development Fund; expenditure of fund Transfer, subject to the provisions of section 618b of this title May 31, 1938 May 31, 1987 Provided section 618b of this title Provided, however 43 U.S.C. 617 section 618b of this title (e) Transfer to Lower Colorado River Basin Development Fund Transfer to the Lower Colorado River Basin Development Fund established by title IV of the Colorado River Basin Project Act of 1968, as amended and supplemented [ 43 U.S.C. 1541 section 618(e) of this title ( July 19, 1940, ch. 643,  2 54 Stat. 774 Apr. 30, 1947, ch. 46 61 Stat. 56 May 14, 1948, ch. 292 62 Stat. 235 June 1, 1948, ch. 364,  1 62 Stat. 284 Pub. L. 98381, title I,  104(a)(4) Aug. 17, 1984 98 Stat. 1334  Editorial Notes  References in Text The Project Act, referred to in text, is defined in section 618k of this title The Colorado River Basin Project Act, referred to in subd. (e), is Pub. L. 90537 Sept. 30, 1968 82 Stat. 885 section 1501 of this title Amendments 1984 Pub. L. 98381,  104(a)(4)(i) Subd. (a). Pub. L. 98381,  104(a)(4)(i) Subd. (e). Pub. L. 98381,  104(a)(4)(ii) 1948Subd. (d). Act June 1, 1948 Subd. (e). Act May 14, 1948 Statutory Notes and Related Subsidiaries  Change of Name Act Apr. 30, 1947  618a1. Availability of Colorado River Development Fund for investigation and construction purposes  The availability of appropriations from the Colorado River Development Fund for the investigation and construction of projects in any of the States of the Colorado River Basin shall not be held to forbid the expenditure of other funds for those purposes in any of those States where such funds are otherwise available therefor. ( June 1, 1948, ch. 364,  2 62 Stat. 285  Editorial Notes Codification Section was not enacted as part of the Boulder Canyon Project Adjustment Act which comprises this subchapter.  618b. Reduction of payments and transfers where revenue is insufficient  If, by reason of any act of God, or of the public enemy, or any major catastrophe, or any other unforeseen and unavoidable cause, the revenues, for any year of operation, after making provision for costs of operation, maintenance, and the amount to be set aside for said year for replacements, should be insufficient to make the payments to the States of Arizona and Nevada and the transfers to the Colorado River Development Fund in this subchapter provided for, such payments and transfers shall be proportionately reduced, as the Secretary may find to be necessary by reason thereof. ( July 19, 1940, ch. 643,  3 54 Stat. 776  618c. Charges as retroactive; adjustment of accounts (a) Upon the taking effect of this subchapter, pursuant to section 618i of this title June 1, 1937 section 618h of this title June 1, 1937 Provided (b) In the event payments to the States of Arizona and Nevada, or either of them, under section 618a(c) of this title ( July 19, 1940, ch. 643,  4 54 Stat. 776  618d. Readvances from Treasury where Dam Fund is insufficient to meet cost of replacements  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 ( 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. 103316, title II Aug. 26, 1994 108 Stat. 1713 Oct. 1, 1984 Pub. L. 103126, title II Oct. 28, 1993 107 Stat. 1323 Pub. L. 102377, title II Oct. 2, 1992 106 Stat. 1328 Pub. L. 102104, title II Aug. 17, 1991 105 Stat. 523 Pub. L. 101514, title II Nov. 5, 1990 104 Stat. 2084 Pub. L. 101101, title II Sept. 29, 1989 103 Stat. 653 Pub. L. 100371, title II July 19, 1988 102 Stat. 863 Pub. L. 100202,  101(d) [title II] Dec. 22, 1987 101 Stat. 1329104 Pub. L. 99500,  101(e) [title II] Oct. 18, 1986 100 Stat. 1783194 Pub. L. 99591,  101(e) [title II] Oct. 30, 1986 100 Stat. 3341194 Pub. L. 99141, title II Nov. 1, 1985 99 Stat. 568  618e. Interest payments; rate  Whenever by the terms of the Project Act [ 43 U.S.C. 617 Provided section 619(a) of this title ( July 19, 1940, ch. 643,  6 54 Stat. 777 Pub. L. 98381, title I,  104(a)(5) Aug. 17, 1984 98 Stat. 1335  Editorial Notes  References in Text The Project Act, referred to in text, is defined in section 618k of this title Amendments 1984 Pub. L. 98381  618f. Repayment of advances for flood control  The first $25,000,000 of advances made to the Colorado River Dam Fund for the project shall be deemed to be the sum allocated to flood control by section 617a(b) of this title June 1, 1987 ( July 19, 1940, ch. 643,  7 54 Stat. 777  618g. Regulations; contracts; modification of allotments of energy  The Secretary is authorized from time to time to promulgate such regulations and enter into such contracts as he may find necessary or appropriate for carrying out the purposes of this subchapter and the Project Act [ 43 U.S.C. 617 Provided, however ( July 19, 1940, ch. 643,  8 54 Stat. 777  Editorial Notes  References in Text The Project Act, referred to in text, is defined in section 618k of this title  618h. Termination of existing lease of Hoover Power Plant; lessees as agents of United States; termination of agency  The Secretary is authorized to negotiate for and enter into a contract for the termination of the existing lease of the Hoover Power Plant made pursuant to the Project Act [ 43 U.S.C. 617 ( July 19, 1940, ch. 643,  9 54 Stat. 777 Apr. 30, 1947, ch. 46 61 Stat. 56 June 25, 1948, ch. 646,  32(b) 62 Stat. 991 May 24, 1949, ch. 139,  127 63 Stat. 107  Editorial Notes  References in Text The Project Act, referred to in text, is defined in section 618k of this title Statutory Notes and Related Subsidiaries  Change of Name United States District Court for the District of Columbia substituted in text for the district court of the United States for the District of Columbia on authority of act June 25, 1948 May 24, 1949 Hoover Power Plant substituted for Boulder Power Plant on authority of act Apr. 30, 1947  618i. Effective date  This subchapter shall be effective immediately for the purpose of the promulgation of charges, or the basis of computation thereof, and the execution of contracts authorized by the terms of this subchapter, but neither such charges, nor the basis of computation thereof, nor any such contract, shall be effective unless and until this subchapter shall be effective for all purposes. This subchapter shall take effect for all purposes when, but not before, the Secretary shall have found that provision has been made for the termination of the existing lease of the Hoover Power Plant and for the operation thereof as authorized by section 618h of this title July 19, 1940 July 19, 1940 If contracts in accordance with the requirements of this section shall not have been entered into prior to June 1, 1941 ( July 19, 1940, ch. 643,  10 54 Stat. 778 Apr. 30, 1947, ch. 46 61 Stat. 56  Statutory Notes and Related Subsidiaries  Change of Name Hoover Power Plant substituted in text for Boulder Power Plant on authority of act Apr. 30, 1947  618j. Effect of refusal to modify existing contracts  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 ( 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  618k. Definitions  The following terms wherever used in this subchapter shall have the following respective meanings: Project Act shall mean the Boulder Canyon Project Act [ 43 U.S.C. 617 Project shall mean the works authorized by the Project Act to be constructed and owned by the United States, exclusive of the main canal and appurtenances mentioned therein, now known as the All-American Canal; Secretary shall mean the Secretary of the Interior of the United States; Firm energy and allottees shall have the meaning assigned to such terms in regulations promulgated before July 19, 1940 July 19, 1940 Replacements shall mean such replacements as may be necessary to keep the project in good operating condition beginning June 1, 1937 Year of operation shall mean the period from and including June 1 of any calendar year to and including May 31 of the following calendar year. ( July 19, 1940, ch. 643,  12 54 Stat. 778 Pub. L. 98381, title I,  104(a)(6) Aug. 18, 1984 98 Stat. 1335  Editorial Notes  References in Text The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42 45 Stat. 1057 section 617t of this title Amendments 1984 Pub. L. 98381 June 1, 1937 June 1, 1937 May 31, 1987  618l. Repealed. Aug. 30, 1954, ch. 1076,  1(22) 68 Stat. 968   Section, act July 19, 1940, ch. 643,  13 54 Stat. 779  618m. Effect on existing laws and States rights  Nothing in this subchapter shall be construed as interfering with such rights as the States had on July 19, 1940 43 U.S.C. 617 l 43 U.S.C. 617 ( July 19, 1940, ch. 643,  14 54 Stat. 779  Editorial Notes  References in Text The Project Act, referred to in text, is defined in section 618k of this title  618n. Wages of employees  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  618o. Short title  This subchapter may be cited as Boulder Canyon Project Adjustment Act. ( July 19, 1940, ch. 643,  16 54 Stat. 779  618p. Omitted  Editorial Notes Codification Section, act Oct. 12, 1949, ch. 680, title I,  101 63 Stat. 784 act June 29, 1948, ch. 754,  1 62 Stat. 1130 SUBCHAPTER III HOOVER DAM CONTRACTS AND FACILITIES  619. Increase in capacity of existing generating equipment at Hoover Powerplant; construction of Colorado River bridge crossing (a) Hoover Powerplant generating equipment; increase in capacity; improvement of appurtenances; authorization of Secretary The Secretary of the Interior is authorized to increase the capacity of existing generating equipment and appurtenances at Hoover Powerplant (hereinafter in this subchapter referred to as uprating program); and to improve parking, visitor facilities, and roadways and to provide additional elevators, and other facilities that will contribute to the safety and sufficiency of visitor access to Hoover Dam and Powerplant (hereinafter in this subchapter referred to as visitor facilities program). (b) Construction of Colorado River bridge crossing; authorization of Secretary The Secretary of the Interior is authorized to construct a Colorado River bridge crossing, including suitable approach spans, immediately downstream from Hoover Dam for the purpose of alleviating traffic congestion and reducing safety hazards. This bridge shall not be a part of the Boulder Canyon project and shall neither be funded nor repaid from the Colorado River Dam Fund or the Lower Colorado River Basin Development Fund. ( Pub. L. 98381, title I,  101 Aug. 17, 1984 98 Stat. 1333  Editorial Notes  References in Text This subchapter, was in the original this Act, meaning Pub. L. 98381 Aug. 17, 1984 98 Stat. 1333 Statutory Notes and Related Subsidiaries Short Title of 2011 Amendment Pub. L. 11272,  1 Dec. 20, 2011 125 Stat. 777 This Act [amending section 619a of this title Short Title Pub. L. 98381,  1 Aug. 17, 1984 98 Stat. 1333 This Act [enacting this subchapter, provisions set out as notes under sections 617 and 618 of this title and section 839b of Title 16 section 7133 of Title 42 Hoover Dam Miscellaneous Sales Pub. L. 106461 Nov. 7, 2000 114 Stat. 1989  SECTION 1. SHORT TITLE. This Act may be cited as the Hoover Dam Miscellaneous Sales Act. SEC. 2. FINDINGS. Congress finds that (1) the sale and distribution of general public information about the use of public land and water areas for recreation, fish, wildlife, and other purposes serve significant public benefits; (2) publications and other materials educate the public and provide general information about Bureau of Reclamation programs and projects; (3) in 1997, more than 1,000,000 visitors, including 300,000 from foreign countries, toured the Hoover Dam; (4) hundreds of thousands of additional visitors stopped to view the dam; (5) visitors often ask to purchase maps, publications, and other items to enhance their experience or serve educational purposes; (6) in many cases the Bureau of Reclamation is the sole source of those items; (7) the Bureau is in a unique position to fulfill public requests for those items; and (8) as a public agency, the Bureau should be responsive to the public by having appropriate items available for sale. SEC. 3. PURPOSES. The purposes of this Act are (1) to authorize the Secretary of the Interior to offer for sale to members of the public that visit the Hoover Dam Visitor Center educational materials and memorabilia; and (2) to use revenue from those sales to repay the costs relating to construction of the Hoover Dam Visitor Center. SEC. 4. AUTHORITY TO CONDUCT SALES. With respect to the Hoover Dam, the Secretary of the Interior, acting through the Commissioner of Reclamation, may (1) conduct sales of (A) materials generated by the Bureau of Reclamation such as posters, maps, brochures, photographs, and similar publications, videotapes, and computer information discs that are related to programs or projects of the Bureau; and (B) memorabilia and other commemorative items that depict programs or projects of the Bureau; (2) convert unneeded property or scrap material into Bureau memorabilia for sale purposes; and (3) enter into agreements with nonprofit organizations, other Federal agencies, State and local governments, and commercial entities for (A) the production or sale of items described in paragraphs (1) and (2); and (B) the sale of publications described in paragraph (1). SEC. 5. COSTS AND REVENUES. (a)  Costs All costs incurred by the Bureau of Reclamation under this Act shall be paid from the Colorado River Dam fund established by section 2 of the Act of December 21, 1928 43 U.S.C. 617a (b)  Revenues. (1)  Use for repayment of sales costs All revenues collected by the Bureau of Reclamation under this Act shall be credited to the Colorado River Dam fund to remain available, without further Act of appropriation, to pay costs associated with the production and sale of items in accordance with section 4. (2)  Use for repayment of construction costs All revenues collected by the Bureau of Reclamation under this Act that are not needed to pay costs described in paragraph (1) shall be transferred annually to the general fund of the Treasury in repayment of costs relating to construction of the Hoover Dam Visitor Center.  619a. Renewal contracts for power (a) Offering of contracts by Secretary; total power obligation; conforming of regulations; contract expiration and restrictions (1) The Secretary of Energy shall offer: (A) To each contractor for power generated at Hoover Dam a contract for delivery commencing October 1, 2017      Schedule A   Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractors  Contractor Contingent capacity (kW) Firm energy (thousands of kWh)  Summer Winter Total  Metropolitan Water District of Southern California 249,948 859,163 368,212 1,227,375 City of Los Angeles 495,732 464,108 199,175 663,283 Southern California Edison Company 280,245 166,712 71,448 238,160 City of Glendale 18,178 45,028 19,297 64,325 City of Pasadena 11,108 38,622 16,553 55,175 City of Burbank 5,176 14,070 6,030 20,100 Arizona Power Authority 190,869 429,582 184,107 613,689 Colorado River Commission of Nevada 190,869 429,582 184,107 613,689 United States, for Boulder City 20,198 53,200 22,800 76,000 Totals 1,462,323 2,500,067 1,071,729 3,571,796 (B) To each existing contractor for power generated at Hoover Dam, a contract, for delivery commencing October 1, 2017      Schedule B   Long-term Schedule B contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractors  Contractor Contingent capacity (kW) Firm energy (thousands of kWh)  Summer Winter Total  City of Glendale 2,020 2,749 1,194 3,943 City of Pasadena 9,089 2,399 1,041 3,440 City of Burbank 15,149 3,604 1,566 5,170 City of Anaheim 40,396 34,442 14,958 49,400 City of Azusa 4,039 3,312 1,438 4,750 City of Banning 2,020 1,324 576 1,900 City of Colton 3,030 2,650 1,150 3,800 City of Riverside 30,296 25,831 11,219 37,050 City of Vernon 22,218 18,546 8,054 26,600 Arizona 189,860 140,600 60,800 201,400 Nevada 189,860 273,600 117,800 391,400 Totals 507,977 509,057 219,796 728,853 (C) To the Arizona Power Authority and the Colorado River Commission of Nevada and to purchasers in the State of California eligible to enter into such contracts under section 5 of the Boulder Canyon Project Act [ 43 U.S.C. 617d October 1, 2017      Schedule C   Excess Energy  Priority of entitlement to excess energy State  First: Meeting Arizonas first priority right to delivery of excess energy which is equal in each year of operation to 200 million kilowatthours: Provided, That in the event excess energy in the amount of 200 million kilowatthours is not generated during any year of operation, Arizona shall accumulate a first right to delivery of excess energy subsequently generated in an amount not to exceed 600 million kilowatthours, inclusive of the current years 200 million kilowatthours. Said first right of delivery shall accrue at a rate of 200 million kilowatthours per year for each year excess energy in an amount of 200 million kilowatthours is not generated, less amounts of excess energy delivered Arizona Second: Meeting Hoover Dam contractual obligations under Schedule A of subsection (a)(1)(A), under Schedule B of subsection (a)(1)(B), and under Schedule D of subsection (a)(2), not exceeding 26 million kilowatthours in each year of operation Arizona, Nevada, and California Third: Meeting the energy requirements of the three States, such available excess energy to be divided equally among the States Arizona, Nevada, and California (2) (A) The Secretary of Energy is authorized to and shall create from the apportioned allocation of contingent capacity and firm energy adjusted from the amounts authorized in this subchapter in 1984 to the amounts shown in Schedule A and Schedule B, as modified by the Hoover Power Allocation Act of 2011, a resource pool equal to 5 percent of the full rated capacity of 2,074,000 kilowatts, and associated firm energy, as shown in Schedule D (referred to in this section as Schedule D contingent capacity and firm energy):      Schedule D   Long-term Schedule D resource pool of contingent capacity and associated firm energy for new allottees  State Contingent capacity (kW) Firm energy (thousands of kWh)  Summer Winter Total  New Entities Allocated by the Secretary of Energy 69,170 105,637 45,376 151,013 New Entities Allocated by State .............. ............. ............. ............. Arizona 11,510 17,580 7,533 25,113 California 11,510 17,580 7,533 25,113 Nevada 11,510 17,580 7,533 25,113 Totals 103,700 158,377 67,975 226,352 (B) The Secretary of Energy shall offer Schedule D contingency capacity and firm energy to entities not receiving contingent capacity and firm energy under subparagraphs (A) and (B) of paragraph (1) (referred to in this section as new allottees) for delivery commencing October 1, 2017 December 28, 1984 (C) (i) Within 36 months of December 20, 2011 October 1, 2017 (I) eligible to enter into contracts under section 5 of the Boulder Canyon Project Act ( 43 U.S.C. 617d (II) federally recognized Indian tribes. (ii) In the case of Arizona and Nevada, Schedule D contingent capacity and firm energy for new allottees other than federally recognized Indian tribes shall be offered through the Arizona Power Authority and the Colorado River Commission of Nevada, respectively. Schedule D contingent capacity and firm energy allocated to federally recognized Indian tribes shall be contracted for directly with Western. (D) Within 1 year of December 20, 2011 October 1, 2017 (i) the Arizona Power Authority for allocation to new allottees in the State of Arizona; (ii) the Colorado River Commission of Nevada for allocation to new allottees in the State of Nevada; and (iii) Western for allocation to new allottees within the State of California, provided that Western shall have 36 months to complete such allocation. (E) Each contract offered pursuant to this subsection shall include a provision requiring the new allottee to pay a proportionate share of its States respective contribution (determined in accordance with each States applicable funding agreement) to the cost of the Lower Colorado River Multi-Species Conservation Program (as defined in section 9401 of the Omnibus Public Land Management Act of 2009 ( Public Law 11111 123 Stat. 1327 (F) Any of the 66.7 percent of Schedule D contingent capacity and firm energy that is to be allocated by Western that is not allocated and placed under contract by October 1, 2017 October 1, 2017 (3) The total obligation of the Secretary of Energy to deliver firm energy pursuant to paragraphs (1)(A), (1)(B), and (2) is 4,527.001 million kilowatthours in each year of operation. To the extent that the actual generation at Hoover Powerplant in each year of operation (less deliveries thereof to Arizona required by its first priority under Schedule C of subsection (a)(1)(C) whenever actual generation in each year of operation is in excess of 4,501.001 million kilowatthours) is less than 4,527.001 million kilowatthours, such deficiency shall be borne by the holders of contracts under said 1 1 (4) Subdivision C of the Criteria shall be deemed to have been modified to conform to this section, as modified by the Hoover Power Allocation Act of 2011. The Secretary of Energy shall cause to be included in the Federal Register a notice conforming the text of the regulations to such modifications. (5) Each contract offered under subsection (a)(1) of this section shall: (A) in accordance with section 5(a) of the Boulder Canyon Project Act ( 43 U.S.C. 617d(a) September 30, 2067 (B) not restrict use to which the capacity and energy contracted for by the Metropolitan Water District of Southern California may be placed within the State of California: Provided (C) conform to the applicable provisions of subdivison 2 2 (D) authorize and require Western to collect from new allottees a pro rata share of Hoover Dam repayable advances paid for by contractors prior to October 1, 2017 (E) permit transactions with an independent system operator; and (F) contain the same material terms included in section 5.6 of those long-term contracts for purchases from the Hoover Power Plant that were made in accordance with this subchapter and are in existence on December 20, 2011 (b) Prejudice of rights of contract holders under Boulder Canyon Project Act Nothing in the Criteria shall be construed to prejudice any rights conferred by the Boulder Canyon Project Act, as amended and supplemented [ 43 U.S.C. 617 September 30, 2067 (c) Offer of contract to other entities If any existing contractor fails to accept an offered contract, the Secretary of Energy shall offer the contingent capacity and firm energy thus available first to other entities in the same State listed in Schedule A and Schedule B, second to other entities listed in Schedule A and Schedule B, third to other entities in the same State which receive contingent capacity and firm energy under subsection (a)(2) of this section, and last to other entities which receive contingent capacity and firm energy under subsection (a)(2) of this section. (d) Water availability Except with respect to energy purchased at the request of an allottee pursuant to subsection (a)(3), the obligation of the Secretary of Energy to deliver contingent capacity and firm energy pursuant to contracts entered into pursuant to this section shall be subject to availability of the water needed to produce such contingent capacity and firm energy. In the event that water is not available to produce the contingent capacity and firm energy set forth in Schedule A, Schedule B, and Schedule D, the Secretary of Energy shall adjust the contingent capacity and firm energy offered under those Schedules in the same proportion as those contractors allocations of Schedule A, Schedule B, and Schedule D contingent capacity and firm energy bears to the full rated contingent capacity and firm energy obligations. (e) Congressional exercise of reserved right The provisions of this section constitute an exercise by the Congress of the right reserved by it in section 5(b) of the Boulder Canyon Project Act, as amended and supplemented [ 43 U.S.C. 617d(b) October 1, 2017 September 30, 2067 (f) Court challenges; disputes and disagreements (1) Notwithstanding any other provision of law, any claim that the provisions of subsection (a) of this section violates any rights to capacity or energy from the Boulder Canyon project is barred unless the complaint is filed within one year after December 20, 2011 43 U.S.C. 617 43 U.S.C. 618 (2) Any contract entered into pursuant to this section or section 107 of this Act [ 42 U.S.C. 7133 (g) Congressional declaration of purpose It is the purpose of this subchapter to ensure that the rights of contractors for capacity and energy from the Boulder Canyon project for the period beginning October 1, 2017 September 30, 2067 ( Pub. L. 98381, title I,  105 Aug. 17, 1984 98 Stat. 1335 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516 Pub. L. 11272,  2 Dec. 20, 2011 125 Stat. 777  Editorial Notes  References in Text This subchapter, referred to in subsecs. (a)(2)(A), (5)(F), (f), and (g), was in the original this Act, meaning Pub. L. 98381 Aug. 17, 1984 98 Stat. 1333 section 619 of this title The Hoover Power Allocation Act of 2011, referred to in subsec. (a)(2)(A) and (4), is Pub. L. 11272 Dec. 20, 2011 125 Stat. 777 section 619 of this title section 619 of this title The Boulder Canyon Project Act, referred to in subsecs. (b) and (f)(1), is act Dec. 21, 1928, ch. 42 45 Stat. 1057 section 617t of this title The Boulder Canyon Project Adjustment Act, referred to in subsec. (f)(1), is act July 19, 1940, ch. 643 54 Stat. 774 o Section 107 of this Act, referred to in subsec. (f)(2), is section 107 of Pub. L. 98381 section 7133 of Title 42 Amendments 2011Subsec. (a)(1)(A). Pub. L. 11272,  2(a) October 1, 2017 June 1, 1987 Subsec. (a)(1)(B). Pub. L. 11272,  2(b) 43 U.S.C. 617d June 1, 1987 Subsec. (a)(1)(C). Pub. L. 11272,  2(c) October 1, 2017 June 1, 1987 Subsec. (a)(2). Pub. L. 11272,  2(d)(2) Subsec. (a)(3). Pub. L. 11272,  2(d)(1) Subsec. (a)(4). Pub. L. 11272,  2(d)(1) May 9, 1983 Subsec. (a)(5). Pub. L. 11272,  2(d)(1) Subsec. (a)(5)(A). Pub. L. 11272,  2(g)(1) September 30, 2017 Subsec. (a)(5)(B). Pub. L. 11272,  2(g)(2) Subsec. (a)(5)(D) to (F). Pub. L. 11272,  2(g)(3) Subsec. (b). Pub. L. 11272,  2(h) Subsec. (c). Pub. L. 11272,  2(i) Subsec. (d). Pub. L. 11272,  2(j) section 619(a) of this title Subsec. (e). Pub. L. 11272,  2 l October 1, 2017 September 30, 2067 June 1, 1987 September 30, 2017 Pub. L. 11272,  2(k) Subsec. (f). Pub. L. 11272,  2(k) Subsec. (f)(1). Pub. L. 11272,  2(m) December 20, 2011 August 17, 1984 Subsec. (g). Pub. L. 11272,  2(n) October 1, 2017 September 30, 2067 June 1, 1987 September 30, 2017 Pub. L. 11272,  2(k)(2) Subsecs. (h), (i). Pub. L. 11272,  2(k)(2) 1992Subsec. (h)(1). Pub. L. 102572 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of Title 28  619b. Reimbursement of funds advanced by non-Federal purchasers; uprating program; repayment requirement; visitor facilities program  Reimbursement of funds advanced by non-Federal purchasers for the uprating program shall be a repayment requirement of the Boulder Canyon project beginning with the first day of the month following completion of each segment thereof. The cost of the visitor facilities program as defined in section 619(a) of this title June 1, 1987 ( Pub. L. 98381, title I,  106 Aug. 17, 1984 98 Stat. 1339 CHAPTER 12B COLORADO RIVER STORAGE PROJECT    Sec.  620. Upper Colorado River Basin; purpose of development of water resources; initial units; construction of Wayne N. Aspinall unit contingent upon certification; participating projects; Rainbow Bridge National Monument.  620a. Priority to planning reports of certain additional participating projects; reports to States; San Juan-Chama project; Juniper project.  620a1. Construction of participating projects to be concurrent with Central Arizona Project.  620a2. Establishment of nonexcess irrigable acreage for participating projects.  620b. Congressional intent; additional undesignated projects not precluded; construction not authorized within national park or monument.  620c. Laws governing; irrigation repayment contracts; time for making contract; contracts for municipal water; payment by Indian lands; restricted delivery of water for excess commodity; apportionments of use.  620c1. Laws governing priority of appropriation.  620d. Upper Colorado River Basin Fund.  620d1. Reimbursement of Fund from Colorado River Development Fund; operation of Hoover Dam.  620e. Cost allocations; Indian lands; report to Congress.  620f. Powerplant operations.  620g. Recreational and fish and wildlife facilities.  620h. Saving provisions.  620i. Expenditures; units excepted from soil survey and land classification requirements.  620j. Court decree; effectivity and approval.  620k. Authorization of appropriations.  620l. Net power revenues.  620m. Compliance with law required in operation of facilities; enforcement of provisions.  620n. Water quality study and reports.  620n1. Top water bank.  620o. Definitions.  620. Upper Colorado River Basin; purpose of development of water resources; initial units; construction of Wayne N. Aspinall unit contingent upon certification; participating projects; Rainbow Bridge National Monument  In order to initiate the comprehensive development of the water resources of the Upper Colorado River Basin, for the purposes, among others, of regulating the flow of the Colorado River, storing water for beneficial consumptive use, making it possible for the States of the Upper Basin to utilize, consistently with the provisions of the Colorado River Compact, the apportionments made to and among them in the Colorado River Compact and the Upper Colorado River Basin Compact, respectively, providing for the reclamation of arid and semiarid land, for the control of floods, and for the generation of hydroelectric power, as an incident of the foregoing purposes, the Secretary of the Interior is authorized (1) to construct, operate, and maintain the following initial units of the Colorado River storage project, consisting of dams, reservoirs, powerplants, transmission facilities and appurtenant works: Wayne N. Aspinall, Flaming Gorge, Navajo (dam and reservoir only), and Glen Canyon: Provided Provided further ( Apr. 11, 1956, ch. 203,  1 70 Stat. 105 Pub. L. 87483,  18 June 13, 1962 76 Stat. 102 Pub. L. 88568,  1 Sept. 2, 1964 78 Stat. 852 Pub. L. 90537, title V,  501(a) Sept. 30, 1968 82 Stat. 896 Pub. L. 96375,  7 Oct. 3, 1980 94 Stat. 1507 Pub. L. 96470, title I,  108(c) Oct. 19, 1980 94 Stat. 2239 Pub. L. 11111, title X,  10401(a) Mar. 30, 2009 123 Stat. 1371  Amendment of Section For termination of amendment by section 10701(e)(2) of Pub. L. 11111 Editorial Notes Codification The provisions of subsec. (a) of section 501 of Pub. L. 90537 section 620a of this title section 620k of this title Amendments 2009 Pub. L. 11111 1980 Pub. L. 96470 Pub. L. 96375 1968 Pub. L. 90537 1964 Pub. L. 88568 1962 Pub. L. 87483 Statutory Notes and Related Subsidiaries Termination Date of 2009 Amendment Amendment by Pub. L. 11111 section 10701(e)(2) of Pub. L. 11111 Short Title Act Apr. 11, 1956 Purpose of 1968 Amendment Pub. L. 90537, title V,  501(a) Sept. 30, 1968 82 Stat. 896 section 620a of this title Pilot Projects To Increase Colorado River System Water To Address Effects of Historic Drought Conditions Pub. L. 113235, div. D, title II,  206 Dec. 16, 2014 128 Stat. 2312 Pub. L. 115244, div. A, title II,  205(a) Sept. 21, 2018 132 Stat. 2906 Pub. L. 117328, div. CC,  102 Dec. 29, 2022 136 Stat. 5573  (a)  In General The Secretary of the Interior may fund or participate in pilot projects to increase Colorado River System water in Lake Mead and the initial units of Colorado River Storage Project reservoirs, as authorized by the first section of the Act of April 11, 1956 43 U.S.C. 620 (b)  Administration Pilot projects under this section are authorized to be funded through (1) grants by the Secretary to public entities that use water from the Colorado River Basin for municipal purposes for projects that are implemented by 1 or more non-Federal entities; or (2) grants or other appropriate financial agreements to provide funds for new water conservation agreements or for renewing or implementing water conservation agreements that are in existence on the date of enactment of this Act [ Dec. 16, 2014 (c)  Limitations (1) Funds in the Upper Colorado River Basin Fund established by section 5 of the Colorado River Storage Project Act ( 43 U.S.C. 620d 43 U.S.C. 1543 (2) the authority to fund these pilot projects through grants shall terminate on September 30, 2024 Provided (d)  Report and Recommendation Not later than September 30, 2025 Effect on Federal Water Law Pub. L. 11111, title X,  10403 Mar. 30, 2009 123 Stat. 1375  Unless expressly provided in this subtitle [subtitle B ( 1030110704) of title X of Pub. L. 11111 section 620n1 of this title o section 615jj of this title section 407 of this title (1) the Boulder Canyon Project Act ( 43 U.S.C. 617 (2) the Boulder Canyon Project Adjustment Act ( 54 Stat. 774 43 U.S.C. 618 (3) the Act of April 11, 1956 43 U.S.C. 620 (4) the Act of September 30, 1968 82 Stat. 885 43 U.S.C. 1501 (5)  Public Law 87483 76 Stat. 96 43 U.S.C. 615ii (6) the Treaty between the United States of America and Mexico respecting utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington February 3, 1944 59 Stat. 1219 (7) the Colorado River Compact of 1922, as approved by the Presidential Proclamation of June 25, 1929 46 Stat. 3000 (8) the Compact; (9) the Act of April 6, 1949 63 Stat. 31 (10) the Jicarilla Apache Tribe Water Rights Settlement Act ( 106 Stat. 2237 (11) section 205 of the Energy and Water Development Appropriations Act, 2005 ( 118 Stat. 2949 [Section 10403 Pub. L. 11111 section 10701(e)(2) of Pub. L. 11111 [For definition of Compact, see section 10302 of Pub. L. 11111 section 407 of this title Agreement Pub. L. 11111, title X,  10701 Mar. 30, 2009 123 Stat. 1396 Pub. L. 11457,  2(e) Sept. 30, 2015 129 Stat. 528  (a)  Agreement Approval. (1)  Approval by congress Except to the extent that any provision of the Agreement conflicts with this subtitle [subtitle B ( 1030110704) of title X of Pub. L. 11111 (2)  Execution by secretary The Secretary shall enter into the Agreement to the extent that the Agreement does not conflict with this subtitle, including (A) any exhibits to the Agreement requiring the signature of the Secretary; and (B) any amendments to the Agreement necessary to make the Agreement consistent with this subtitle. (3)  Authority of secretary The Secretary may carry out any action that the Secretary determines is necessary or appropriate to implement the Agreement, the Contract, and this section. (4)  Administration of navajo reservoir releases The State of New Mexico may administer water that has been released from storage in Navajo Reservoir in accordance with subparagraph 9.1 of the Agreement. (b)  Water Available Under Contract. (1)  Quantities of water available. (A)  In general Water shall be made available annually under the Contract for projects in the State of New Mexico supplied from the Navajo Reservoir and the San Juan River (including tributaries of the River) under New Mexico State Engineer File Numbers 2849, 2883, and 3215 in the quantities described in subparagraph (B). (B)  Water quantities The quantities of water referred to in subparagraph (A) are as follows:      Diversion (acre-feet/year) Depletion (acre-feet/year)  Navajo Indian Irrigation Project 508,000 270,000 Navajo-Gallup Water Supply Project 22,650 20,780 Animas-La Plata Project 4,680 2,340 Total 535,330 293,120 (C)  Maximum quantity A diversion of water to the Nation under the Contract for a project described in subparagraph (B) shall not exceed the quantity of water necessary to supply the amount of depletion for the project. (D)  Terms, conditions, and limitations The diversion and use of water under the Contract shall be subject to and consistent with the terms, conditions, and limitations of the Agreement, this subtitle, and any other applicable law. (2)  Amendments to contract The Secretary, with the consent of the Nation, may amend the Contract if the Secretary determines that the amendment is (A) consistent with the Agreement; and (B) in the interest of conserving water or facilitating beneficial use by the Nation or a subcontractor of the Nation. (3)  Rights of the nation The Nation may, under the Contract (A) use tail water, wastewater, and return flows attributable to a use of the water by the Nation or a subcontractor of the Nation if (i) the depletion of water does not exceed the quantities described in paragraph (1); and (ii) the use of tail water, wastewater, or return flows is consistent with the terms, conditions, and limitations of the Agreement, and any other applicable law; and (B) change a point of diversion, change a purpose or place of use, and transfer a right for depletion under this subtitle (except for a point of diversion, purpose or place of use, or right for depletion for use in the State of Arizona under section 10603(b)(2)(D) [ 123 Stat. 1383 (i) the change or transfer is subject to and consistent with the terms of the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Contract, and any other applicable law; and (ii) a change or transfer of water use by the Nation does not alter any obligation of the United States, the Nation, or another party to pay or repay project construction, operation, maintenance, or replacement costs under this subtitle and the Contract. (c)  Subcontracts. (1)  In general. (A)  Subcontracts between nation and third parties The Nation may enter into subcontracts for the delivery of Project water under the Contract to third parties for any beneficial use in the State of New Mexico (on or off land held by the United States in trust for the Nation or a member of the Nation or land held in fee by the Nation). (B)  Approval required A subcontract entered into under subparagraph (A) shall not be effective until approved by the Secretary in accordance with this subsection and the Contract. (C)  Submittal The Nation shall submit to the Secretary for approval or disapproval any subcontract entered into under this subsection. (D)  Deadline The Secretary shall approve or disapprove a subcontract submitted to the Secretary under subparagraph (C) not later than the later of (i) the date that is 180 days after the date on which the subcontract is submitted to the Secretary; and (ii) the date that is 60 days after the date on which a subcontractor complies with (I) section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (II) any other requirement of Federal law. (E)  Enforcement A party to a subcontract may enforce the deadline described in subparagraph (D) under section 1361 of title 28 (F)  Compliance with other law A subcontract described in subparagraph (A) shall comply with the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, and any other applicable law. (G)  No liability The Secretary shall not be liable to any party, including the Nation, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection. (2)  Alienation. (A)  Permanent alienation The Nation shall not permanently alienate any right granted to the Nation under the Contract. (B)  Maximum term The term of any water use subcontract (including a renewal) under this subsection shall be not more than 99 years. (3)  Nonintercourse act compliance This subsection (A) provides congressional authorization for the subcontracting rights of the Nation; and (B) is deemed to fulfill any requirement that may be imposed by section 2116 of the Revised Statutes ( 25 U.S.C. 177 (4)  Forfeiture The nonuse of the water supply secured by a subcontractor of the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section. (5)  No per capita payments No part of the revenue from a water use subcontract under this subsection shall be distributed to any member of the Nation on a per capita basis. (d)  Water Leases Not Requiring Subcontracts. (1)  Authority of nation. (A)  In general The Nation may lease, contract, or otherwise transfer to another party or to another purpose or place of use in the State of New Mexico (on or off land that is held by the United States in trust for the Nation or a member of the Nation or held in fee by the Nation) a water right that (i) is decreed to the Nation under the Agreement; and (ii) is not subject to the Contract. (B)  Compliance with other law In carrying out an action under this subsection, the Nation shall comply with the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Supplemental Partial Final Decree described in paragraph 4.0 of the Agreement, and any other applicable law. (2)  Alienation; maximum term. (A)  Alienation The Nation shall not permanently alienate any right granted to the Nation under the Agreement. (B)  Maximum term The term of any water use lease, contract, or other arrangement (including a renewal) under this subsection shall be not more than 99 years. (3)  No liability The Secretary shall not be liable to any party, including the Nation, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection. (4)  Nonintercourse act compliance This subsection (A) provides congressional authorization for the lease, contracting, and transfer of any water right described in paragraph (1)(A); and (B) is deemed to fulfill any requirement that may be imposed by the provisions of section 2116 of the Revised Statutes ( 25 U.S.C. 177 (5)  Forfeiture The nonuse of a water right of the Nation by a lessee or contractor to the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section. (e)  Nullification. (1)  Deadlines. (A)  In general In carrying out this section, the following deadlines apply with respect to implementation of the Agreement: (i)  Agreement Not later than December 31, 2010 (ii)  Contract Not later than December 31, 2010 (iii)  Partial final decree Not later than December 31, 2013 (iv)  Fruitland-cambridge irrigation project Not later than December 31, 2016 123 Stat. 1394 (v)  Supplemental partial final decree Not later than December 31, 2016 (vi)  Hogback-cudei irrigation project Not later than December 31, 2019 123 Stat. 1394 (vii)  Trust fund Not later than December 31, 2019 123 Stat. 1402 (viii)  Conjunctive wells Not later than December 31, 2019 123 Stat. 1395 123 Stat. 1393 (ix)  Navajo-gallup water supply project Not later than December 31, 2024 (B)  Extension A deadline described in subparagraph (A) may be extended if the Nation, the United States (acting through the Secretary), and the State of New Mexico (acting through the New Mexico Interstate Stream Commission) agree that an extension is reasonably necessary. (2)  Revocability of agreement, contract and authorizations. (A)  Petition If the Nation determines that a deadline described in paragraph (1)(A) is not substantially met, the Nation may submit to the court in the stream adjudication a petition to enter an order terminating the Agreement. (B)  Termination On issuance of an order to terminate the Agreement under subparagraph (A) (i) the Trust Fund shall be terminated; (ii) the balance of the Trust Fund shall be deposited in the general fund of the Treasury; (iii) the authorizations for construction and rehabilitation of water projects under this subtitle shall be revoked and any Federal activity related to that construction and rehabilitation shall be suspended; and (iv) this part and parts I and III [parts IV ( 1070110704), I ( 1040110403), and III ( 1060110609) of subtitle B of title X of Pub. L. 11111 section 620n1 of this title o section 615jj of this title (3)  Conditions not causing nullification of settlement. (A)  In general If a condition described in subparagraph (B) occurs, the Agreement shall not be nullified or terminated. (B)  Conditions The conditions referred to in subparagraph (A) are as follows: (i) A lack of right to divert at the capacities of conjunctive use wells constructed or rehabilitated under section 10606 [ 123 Stat. 1392 (ii) A failure (I) to determine or resolve an accounting of the use of water under this subtitle in the State of Arizona; (II) to obtain a necessary water right for the consumptive use of water in Arizona; (III) to contract for the delivery of water for use in Arizona; or (IV) to construct and operate a lateral facility to deliver water to a community of the Nation in Arizona, under the Project. (f)  Effect on Rights of Indian Tribes. (1)  In general Except as provided in paragraph (2), nothing in the Agreement, the Contract, or this section quantifies or adversely affects the land and water rights, or claims or entitlements to water, of any Indian tribe or community other than the rights, claims, or entitlements of the Nation in, to, and from the San Juan River Basin in the State of New Mexico. (2)  Exception The right of the Nation to use water under water rights the Nation has in other river basins in the State of New Mexico shall be forborne to the extent that the Nation supplies the uses for which the water rights exist by diversions of water from the San Juan River Basin under the Project consistent with subparagraph 9.13 of the Agreement. [For definitions of terms used in section 10701 of Pub. L. 11111 section 10302 of Pub. L. 11111 section 407 of this title  620a. Priority to planning reports of certain additional participating projects; reports to States; San Juan-Chama project; Juniper project  In carrying out further investigations of projects under the Federal reclamation laws in the Upper Colorado River Basin, the Secretary shall give priority to completion of planning reports on the Gooseberry, Eagle Divide, Bluestone, Battlement Mesa, Grand Mesa, Yellow Jacket, Basalt, Middle Park (including the Troublesome, Rabbit Ear, and Azure units), Upper Gunnison (including the East River, Ohio Creek, and Tomichi Creek units), Lower Yampa (including the Juniper and Great Northern units), Upper Yampa (including the Hayden Mesa, Wessels, and Toponas units) and Sublette (including a diversion of water from the Green River to the North Platte River Basin Wyoming), Ute Indian unit of the Central Utah Project, San Juan County (Utah), Price River, Grand County (Utah), Gray Canyon, and Juniper (Utah) participating projects: Provided December 31, 1974 September 20, 1965 Provided The Secretary, concurrently with the investigations directed by the preceding paragraph, shall also give priority to completion of a planning report on the Juniper project. ( Apr. 11, 1956, ch. 203,  2 70 Stat. 106 Pub. L. 87483,  18 June 13, 1962 76 Stat. 102 Pub. L. 88568,  1 Sept. 2, 1964 78 Stat. 852 Pub. L. 90537, title V,  501(a) Sept. 30, 1968 82 Stat. 897  Editorial Notes  References in Text The Federal reclamation laws, referred to in text, are identified in section 620c of this title Codification The provisions of subsec. (a) of section 501 of Pub. L. 90537 section 620 of this title Amendments 1968 Pub. L. 90537 December 31, 1974 1964 Pub. L. 88568 1962 Pub. L. 87483 Statutory Notes and Related Subsidiaries Storage of Water at Abiquiu Dam in New Mexico Pub. L. 100522 Oct. 24, 1988 102 Stat. 2604 Pub. L. 116260, div. AA, title III,  337(b) Dec. 27, 2020 134 Stat. 2712  SECTION 1. WATER STORAGE. Notwithstanding any other provision of law, the Secretary of the Army, acting through the Chief of Engineers, is authorized to store Rio Grande system and San Juan-Chama project water at Abiquiu Dam, New Mexico. The Secretary is authorized further to acquire lands adjacent to Abiquiu Dam on which the Secretary holds easements as of the date of enactment of this Act [ Oct. 24, 1988 SEC. 2. LIMITATION. The authorization to store water and to acquire lands under section 1 is subject to the provisions of the Rio Grande Compact and the resolutions of the Rio Grande Compact Commission. Storage of San Juan-Chama Project Water in Other Reservoirs Pub. L. 97140,  5 Dec. 29, 1981 95 Stat. 1717 Pub. L. 116260, div. AA, title III,  337(a) Dec. 27, 2020 134 Stat. 2712  (a) The proviso of section 2 of Public Law 84485 (b) The Secretary of the Army, acting through the Chief of Engineers, is authorized to enter into agreements with entities which have contracted with the Secretary of the Interior for water from the San Juan-Chama project pursuant to Public Law 87-483 for storage of such water in Abiquiu Reservoir. The Secretary of the Interior is hereby authorized to release San Juan-Chama project water to contracting entities for such storage. The agreements to thus store San Juan-Chama project water shall not interfere with the authorized purposes of the Abiquiu Dam and Reservoir project and shall include a requirement that each user of storage space shall pay any increase in operation and maintenance costs attributable to the storage of that users water. (c) The Secretary of the Interior is authorized to enter into agreements with entities which have contracted with the Secretary of the Interior for water from the San Juan-Chama project pursuant to Public Law 87-483 for storage of such water in Elephant Butte Reservoir. The Secretary of the Interior is hereby authorized to release San Juan-Chama project water to contracting entities for such storage. Any increase in operation and maintenance costs resulting from such storage not offset by increased power revenues resulting from that storage shall be paid proportionately by the entities for which the San Juan-Chama project water is stored. (d) The amount of evaporation loss and spill chargeable to San Juan-Chama project water stored pursuant to subsections (b) and (c) of this section shall be accounted as required by the Rio Grande compact and the procedures established by the Rio Grande Compact Commission.  620a1. Construction of participating projects to be concurrent with Central Arizona Project  The Secretary is directed to proceed as nearly as practicable with the construction of the Animas-La Plata, Dolores, Dallas Creek, West Divide, and San Miguel participating Federal reclamation projects concurrently with the construction of the Central Arizona Project, to the end that such projects shall be completed not later than the date of the first delivery of water from said Central Arizona Project: Provided section 620c of this title ( Pub. L. 90537, title V,  501(b) Sept. 30, 1968 82 Stat. 897  Editorial Notes Codification Section consists of subsec. (b) of section 501 of Pub. L. 90537 Section was enacted as part of the Colorado River Basin Project Act, and not as part of act Apr. 11, 1956  620a2. Establishment of nonexcess irrigable acreage for participating projects  The Secretary shall, for the Animas-La Plata, Dolores, Dallas Creek, San Miguel, West Divide, and Seedskadee participating projects of the Colorado River storage project, establish the nonexcess irrigable acreage for which any single ownership may receive project water at one hundred and sixty acres of class 1 land or the equivalent thereof, as determined by the Secretary, in other land classes. ( Pub. L. 90537, title V,  501(d) Sept. 30, 1968 82 Stat. 898  Editorial Notes Codification Section consists of subsec. (d) of section 501 of Pub. L. 90537 Section was enacted as part of the Colorado River Basin Project Act, and not as part of act Apr. 11, 1956  620b. Congressional intent; additional undesignated projects not precluded; construction not authorized within national park or monument  It is not the intention of Congress, in authorizing only those projects designated in section 620 of this title section 620a of this title ( Apr. 11, 1956, ch. 203,  3 70 Stat. 107  620c. Laws governing; irrigation repayment contracts; time for making contract; contracts for municipal water; payment by Indian lands; restricted delivery of water for excess commodity; apportionments of use  Except as otherwise provided in this chapter, in constructing, operating, and maintaining the units of the Colorado River storage project and the participating projects listed in section 620 of this title June 17, 1902 32 Stat. 388 Provided section 485a(g) of this title section 485h(c) of this title section 386a of title 25 Provided further April 11, 1956 7 U.S.C. 1421 section 1301(b)(10) of title 7 ( Apr. 11, 1956, ch. 203,  4 70 Stat. 107  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title The Agricultural Act of 1949, referred to in text, is act Oct. 31, 1949, ch. 792 63 Stat. 1051 section 1421 of Title 7  620c1. Laws governing priority of appropriation  In the diversion and storage of water for any project or any parts thereof constructed under the authority of the Colorado River Basin Project Act [ 43 U.S.C. 1501 43 U.S.C. 620 ( Pub. L. 90537, title V,  501(e) Sept. 30, 1968 82 Stat. 898  Editorial Notes  References in Text The Colorado River Basin Project Act, referred to in text, is Pub. L. 90537 Sept. 30, 1968 82 Stat. 885 section 1501 of this title The Colorado River Storage Project Act, referred to in text, is act Apr. 11, 1956, ch. 203 70 Stat. 105 section 620 of this title Codification Section consists of subsec. (e) of section 501 of Pub. L. 90537 Section was enacted as part of the Colorado River Basin Project Act, and not as part of act Apr. 11, 1956  620d. Upper Colorado River Basin Fund (a) Authorization and availability There is authorized a separate fund in the Treasury of the United States to be known as the Upper Colorado River Basin Fund (hereinafter referred to as the Basin Fund), which shall remain available until expended, as hereafter provided, for carrying out provisions of this chapter other than section 620g of this title (b) Crediting of appropriations All appropriations made for the purpose of carrying out the provisions of this chapter, other than section 620g of this title (c) Crediting and availability of revenues All revenues collected in connection with the operation of the Colorado River storage project and participating projects shall be credited to the Basin Fund, and shall be available, without further appropriation, for (1) defraying the costs of operation, maintenance, and replacements of, and emergency expenditures for, all facilities of the Colorado River storage project and participating projects, within such separate limitations as may be included in annual appropriation acts: Provided (d) Payments of revenues in excess of operating needs to Treasury Revenues in the Basin Fund in excess of operating needs shall be paid annually to the general fund of the Treasury to return (1) the costs of each unit, participating project, or any separable feature thereof which are allocated to power pursuant to section 620e of this title (2) the costs of each unit, participating project, or any separable feature thereof which are allocated to municipal water supply pursuant to section 620e of this title (3) interest on the unamortized balance of the investment (including interest during construction) in the power and municipal water supply features of each unit, participating project, or any separable feature thereof, at a rate determined by the Secretary of the Treasury as provided in subsection (f), and interest due shall be a first charge; (4) the costs of each storage unit which are allocated to irrigation pursuant to section 620e of this title (5) the costs of each salinity control unit or separable feature thereof, the costs of measures to replace incidental fish and wildlife values foregone, and the costs of the on-farm measures payable from the Upper Colorado River Basin Fund in accordance with sections 1595(a)(2), 1595(a)(3), and 1595(c) of this title. (e) Apportionment of excess revenues among States Revenues in the Basin Fund in excess of the amounts needed to meet the requirements of clause (1) of subsection (c) of this section, and to return to the general fund of the Treasury the costs set out in subsection (d) of this section, shall be apportioned among the States of the Upper Division in the following percentages: Colorado, 46 per centum; Utah, 21.5 per centum; Wyoming, 15.5 per centum; and New Mexico, 17 per centum: Provided Revenues so apportioned to each State shall be used only for the repayment of construction costs of participating projects or parts of such projects in the State to which such revenues are apportioned and shall not be used for such purpose in any other State without the consent, as expressed through its legally constituted authority, of the State to which such revenues are apportioned. Subject to such requirement, there shall be paid annually into the general fund of the Treasury from the revenues apportioned to each State (1) the costs of each participating project herein authorized (except Paonia) or any separable feature thereof, which are allocated to irrigation pursuant to section 620e of this title section 620c of this title June 25, 1947 61 Stat. 181 June 28, 1949 63 Stat. 277 (f) Determination of interest rate The interest rate applicable to each unit of the storage project and each participating project for purposes of computing interest during construction and interest on the unpaid balance shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from the date of issue. (g) Budget to be submitted to Congress Business-type budgets shall be submitted to the Congress annually for all operations financed by the Basin Fund. ( Apr. 11, 1956, ch. 203,  5 70 Stat. 107 Pub. L. 86529,  9 June 27, 1960 74 Stat. 227 Pub. L. 87483,  18 June 13, 1962 76 Stat. 102 Pub. L. 93320, title II,  205(d) June 24, 1974 88 Stat. 273 Pub. L. 98569,  4(h) Oct. 30, 1984 98 Stat. 2939  Editorial Notes  References in Text Act of June 25, 1947 act June 25, 1947, ch. 148 61 Stat. 181 Act of June 28, 1949 act June 28, 1949, ch. 255 63 Stat. 277 Amendments 1984Subsec. (d)(5). Pub. L. 98569 1974Subsec. (d)(5). Pub. L. 93320 1962Subsec. (e). Pub. L. 87483 1960Subsec. (f). Pub. L. 86529 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98569 Oct. 30, 1984 section 6 of Pub. L. 98569 section 1591 of this title Effective Date of 1960 Amendment Pub. L. 86529,  9 June 27, 1960 74 Stat. 227 June 1, 1960 Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 Pub. L. 106554 section 1113 of Title 31  620d1. Reimbursement of Fund from Colorado River Development Fund; operation of Hoover Dam  The Upper Colorado River Basin Fund established under section 620d of this title section 618a of this title July 19, 1962 section 618a(d) of this title June 1, 1987 section 1543(g) of this title ( Pub. L. 90537, title V,  502 Sept. 30, 1968 82 Stat. 898  Editorial Notes Codification Section was enacted as part of the Colorado River Basin Project Act, and not as part of act Apr. 11, 1956  620e. Cost allocations; Indian lands; report to Congress  Upon completion of each unit, participating project or separable feature thereof, the Secretary shall allocate the total costs (excluding any expenditures authorized by section 620g of this title ( Apr. 11, 1956, ch. 203,  6 70 Stat. 109  Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 Pub. L. 106554 section 1113 of Title 31  620f. Powerplant operations  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 43 U.S.C. 618 ( Apr. 11, 1956, ch. 203,  7 70 Stat. 109 Pub. L. 87483,  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 section 617t of this title The Boulder Canyon Project Adjustment Act, referred to in text, is act July 19, 1940, ch. 643 54 Stat. 774 o Amendments 1962 Pub. L. 87483  620g. Recreational and fish and wildlife facilities  In connection with the development of the Colorado River storage project and of the participating projects, the Secretary is authorized and directed to investigate, plan, construct, operate, and maintain (1) public recreational facilities on lands withdrawn or acquired for the development of said project or of said participating projects, to conserve the scenery, the natural, historic, and archeologic objects, and the wildlife on said lands, and to provide for public use and enjoyment of the same and of the water areas created by these projects by such means as are consistent with the primary purposes of said projects; and (2) facilities to mitigate losses of, and improve conditions for, the propagation of fish and wildlife. The Secretary is authorized to acquire lands necessary for the construction, operation, and maintenance of the facilities herein provided, and to dispose of them to Federal, State, and local governmental agencies by lease, transfer, exchange, or conveyance upon such terms and conditions as will best promote their development and operation in the public interest. All costs incurred pursuant to this section shall be nonreimbursable and nonreturnable. ( Apr. 11, 1956, ch. 203,  8 70 Stat. 110 Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792  Editorial Notes Amendments 1976 Pub. L. 94579 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  620h. Saving provisions  Nothing contained in this chapter shall be construed to alter, amend, repeal, construe, interpret, modify, or be in conflict with the provisions of the Boulder Canyon Project Act ( 45 Stat. 1057 43 U.S.C. 617 54 Stat. 774 43 U.S.C. 618 ( Apr. 11, 1956, ch. 203,  9 70 Stat. 110  Editorial Notes  References in Text The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42 45 Stat. 1057 section 617t of this title The Boulder Canyon Project Adjustment Act, referred to in text, is act July 19, 1940, ch. 643 54 Stat. 774 o  620i. Expenditures; units excepted from soil survey and land classification requirements  Expenditures for the Flaming Gorge, Glen Canyon, Wayne N. Aspinall, and Navajo initial units of the Colorado River storage project may be made without regard to the soil survey and land classification requirements of section 390a 1 1 ( Apr. 11, 1956, ch. 203,  10 70 Stat. 110 Pub. L. 96375,  7 Oct. 3, 1980 94 Stat. 1507  Editorial Notes  References in Text Section 390a of this title act July 31, 1953, ch. 298 67 Stat. 261 section 390a of this title Pub. L. 105362, title IX,  901(e)(2) Nov. 10, 1998 112 Stat. 3289 Amendments 1980 Pub. L. 96375  620j. Court decree; effectivity and approval  The Final Judgment, Final Decree and stipulations incorporated therein in the consolidated cases of United States of America v. Northern Colorado Water Conservancy District, et al., Civil Nos. 2782, 5016 and 5017, in the United States District Court for the District of Colorado, are approved, shall become effective immediately, and the proper agencies of the United States shall act in accordance therewith. ( Apr. 11, 1956, ch. 203,  11 70 Stat. 110  620k. Authorization of appropriations  There are authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be required to carry out the purposes of this chapter, but not to exceed $760,000,000. ( Apr. 11, 1956, ch. 203,  12 70 Stat. 110  Statutory Notes and Related Subsidiaries  Change of Name Pub. L. 96375,  7 Oct. 3, 1980 94 Stat. 1507 The Curecanti Storage Unit of the Colorado River Storage Project constructed under the authority of the Act of April 11, 1956 70 Stat. 106 Termination of Authorization of Appropriations Pub. L. 102575, title II,  201(c) Oct. 30, 1992 106 Stat. 4607 Notwithstanding any provision of the Act of April 11, 1956 70 Stat. 110 43 U.S.C. 620k September 2, 1964 78 Stat. 852 Pub. L. 88568 September 30, 1968 82 Stat. 885 section 1501 of this title August 10, 1972 86 Stat. 525 43 U.S.C. 620k October 31, 1988 102 Stat. 2826 section 791 of Title 16 section 461 of Title 16 Oct. 30, 1992 Authorization of Additional Amounts for Colorado River Storage Project Pub. L. 102575, title II,  201(a)(1) Oct. 30, 1992 106 Stat. 4606 In order to provide for the completion of the Central Utah Project and other features described in this Act [see Short Title of 1992 Amendment note set out under section 371 of this title section 12 of the Act of April 11, 1956 70 Stat. 110 43 U.S.C. 620k August 10, 1972 86 Stat. 525 43 U.S.C. 620k October 31, 1988 102 Stat. 2826 43 U.S.C. 620k Provided, however 106 Stat. 4605 106 Stat. 4625 106 Stat. 4650 Pub. L. 100563,  1 Oct. 31, 1988 102 Stat. 2826 In order to provide for the continued construction of the Colorado River Storage Project, and for the continued construction of the municipal and industrial water features of the Bonneville Unit of the Central Utah Project, the amount which section 12 of the Act of April 11, 1956 70 Stat. 110 43 U.S.C. 620k August 10, 1972 86 Stat. 525 43 U.S.C. 620k August 10, 1972 Additional Appropriations Authorized for Certain Projects in the Upper Colorado River Basin Pub. L. 92370 Aug. 10, 1972 86 Stat. 525 That in order to provide for completion of construction of the Curecanti, Flaming Gorge, Glen Canyon, and Navajo units, and transmission division of the Colorado River storage project, and for completion of construction of the following participating projects: Central Utah (initial phaseBonneville, Jensen, Upalco, and Vernal units), Emery County, Florida, Hammond, LaBarge, Lyman, Paonia, Seedskadee, Silt, and Smith Fork; the amount which section 12 of the Act of April 11, 1956 79 Stat. 105 Additional Appropriations Authorized for Construction of Animas-La Plata, Dolores, Dallas Creek, West Divide, and San Miguel Projects Pub. L. 90537, title V,  501(a) Sept. 30, 1968 82 Stat. 897 The amount which section 12 of said Act [this section] authorizes to be appropriated is hereby further increased by the sum of $392,000,000 plus or minus such amounts, if any, as may be required, by reason of changes in construction costs as indicated by engineering cost indices applicable to the type of construction involved. This additional sum shall be available solely for the construction of the Animas-La Plata, Dolores, Dallas Creek, West Divide, and San Miguel projects herein authorized.  620l. Net power revenues  In planning the use of, and in using credits from, net power revenues available for the purpose of assisting in the pay-out of costs of participating projects herein and hereafter authorized in the States of Colorado, New Mexico, Utah, and Wyoming, the Secretary shall have regard for the achievement within each of said States of the fullest practicable use of the waters of the Upper Colorado River system, consistent with the apportionment thereof among such States. ( Apr. 11, 1956, ch. 203,  13 70 Stat. 110  620m. Compliance with law required in operation of facilities; enforcement of provisions  In the operation and maintenance of all facilities, authorized by Federal law and under the jurisdiction and supervision of the Secretary of the Interior, in the basin of the Colorado River, the Secretary of the Interior is directed to comply with the applicable provisions of the Colorado River Compact, the Upper Colorado River Basin Compact, the Boulder Canyon Project Act [ 43 U.S.C. 617 43 U.S.C. 618 ( Apr. 11, 1956, ch. 203,  14 70 Stat. 110  Editorial Notes  References in Text The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42 45 Stat. 1057 section 617t of this title The Boulder Canyon Project Adjustment Act, referred to in text, is act July 19, 1940, ch. 643 54 Stat. 774 o  620n. Water quality study and reports  The Secretary of the Interior is directed to continue studies and to make a report to the Congress and to the States of the Colorado River Basin on the quality of water of the Colorado River. ( Apr. 11, 1956, ch. 203,  15 70 Stat. 111  620n1. Top water bank (a) The Secretary of the Interior may create and operate within the available capacity of Navajo Reservoir a top water bank. (b) Water made available for the top water bank in accordance with subsections (c) and (d) shall not be subject to section 11 of Public Law 87483 76 Stat. 99 (c) The top water bank authorized under subsection (a) shall be operated in a manner that (1) is consistent with applicable law, except that, notwithstanding any other provision of law, water for purposes other than irrigation may be stored in the Navajo Reservoir pursuant to the rules governing the top water bank established under this section; and (2) does not impair the ability of the Secretary of the Interior to deliver water under contracts entered into under (A)  Public Law 87483 76 Stat. 96 (B) New Mexico State Engineer File Nos. 2847, 2848, 2849, and 2917. (d) (1) The Secretary of the Interior, in cooperation with the State of New Mexico (acting through the Interstate Stream Commission), shall develop any terms and procedures for the storage, accounting, and release of water in the top water bank that are necessary to comply with subsection (c). (2) The terms and procedures developed under paragraph (1) shall include provisions requiring that (A) the storage of banked water shall be subject to approval under State law by the New Mexico State Engineer to ensure that impairment of any existing water right does not occur, including storage of water under New Mexico State Engineer File No. 2849; (B) water in the top water bank be subject to evaporation and other losses during storage; (C) water in the top water bank be released for delivery to the owner or assigns of the banked water on request of the owner, subject to reasonable scheduling requirements for making the release; (D) water in the top water bank be the first water spilled or released for flood control purposes in anticipation of a spill, on the condition that top water bank water shall not be released or included for purposes of calculating whether a release should occur for purposes of satisfying the flow recommendations of the San Juan River Basin Recovery Implementation Program; and (E) water eligible for banking in the top water bank shall be water that otherwise would have been diverted and beneficially used in New Mexico that year. (e) The Secretary of the Interior may charge fees to water users that use the top water bank in amounts sufficient to cover the costs incurred by the United States in administering the water bank. ( Apr. 11, 1956, ch. 203,  16 Pub. L. 11111, title X,  10401(b)(2) Mar. 30, 2009 123 Stat. 1371  Termination of Section For termination of section by section 10701(e)(2) of Pub. L. 11111 Editorial Notes  References in Text Public Law 87483 Pub. L. 87483 June 13, 1962 76 Stat. 96 Section 11 of Pub. L. 87483  615ss of this title Statutory Notes and Related Subsidiaries Termination Date Section to be null and void on issuance of a court order terminating a certain Agreement and Contract between New Mexico, the Navajo Nation, and the United States, see section 10701(e)(2) of Pub. L. 11111 section 620 of this title  620o. Definitions  As used in this chapter The terms Colorado River Basin, Colorado River Compact, Colorado River System, Lee Ferry, States of the Upper Division, Upper Basin, and domestic use shall have the meaning ascribed to them in article II of the Upper Colorado River Basin Compact; The term States of the Upper Colorado River Basin shall mean the States of Arizona, Colorado, New Mexico, Utah, and Wyoming; The term Upper Colorado River Basin shall have the same meaning as the term Upper Basin; The term Upper Colorado River Basin Compact shall mean that certain compact executed on October 11, 1948 April 6, 1949 63 Stat. 31 The term Rio Grande Compact shall mean that certain compact executed on March 18, 1938 May 31, 1939 53 Stat. 785 The term Treaty with the United Mexican States shall mean that certain treaty between the United States of America and the United Mexican States, signed at Washington, District of Columbia, February 3, 1944 November 14, 1944 April 18, 1945 ( Apr. 11, 1956, ch. 203,  17 70 Stat. 111 Pub. L. 11111, title X,  10401(b)(1) Mar. 30, 2009 123 Stat. 1371  Renumbering of Section For termination of renumbering of this section by section 10701(e)(2) of Pub. L. 11111 Editorial Notes  References in Text Act of April 6, 1949 act Apr. 6, 1949, ch. 48 63 Stat. 31 Act of May 31, 1939 act May 31, 1939, ch. 155 53 Stat. 785 Statutory Notes and Related Subsidiaries Termination Date of 2009 Amendment Amendment by Pub. L. 11111 section 10701(e)(2) of Pub. L. 11111 section 620 of this title CHAPTER 13 FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS    Sec.  621. Subjection of lands in State irrigation district to State laws generally.  622. Cost of construction and maintenance of irrigation project as charge on land.  623. Map of district and plan of irrigation project; approval by Secretary.  624. Entry of approval on land records.  625. Release of unentered land from lien on noncompletion of irrigation project.  626. Enforcement of lien against entered but unpatented land.  627. Sale of unpatented and unentered land prohibited; suspension of entry.  628. Patents to entered but unpatented land.  629. Delivery of notices required by State law; right to hearing, appeal, etc.  630. Disposition by Government of proceeds of land sold.  621. Subjection of lands in State irrigation district to State laws generally  When in any State of the United States under the irrigation district laws of said State there has, prior to August 11, 1916 section 623 of this title Provided Provided further ( Aug. 11, 1916, ch. 319,  1 39 Stat. 506  622. Cost of construction and maintenance of irrigation project as charge on land  The cost of constructing, acquiring, purchasing, or maintaining the canals, ditches, reservoirs, reservoir sites, water, water right, rights-of-way, or other property incurred in connection with any irrigation project under said irrigation district laws shall be equitably apportioned among lands held under private ownership, lands legally covered by unpatented entries, and unentered public lands included in said irrigation district. Officially certified lists of the amounts of charges assessed against the smallest legal subdivision of said lands shall be furnished to the officer designated by the Secretary of the Interior of the land district within which the lands affected are located as soon as such charges are assessed; but nothing in this chapter shall be construed as creating any obligation against the United States to pay any of said charges, assessments, or debts incurred. All charges legally assessed shall be a lien upon unentered lands and upon lands covered by unpatented entries included in said irrigation district. ( Aug. 11, 1916, ch. 319,  2 39 Stat. 507 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries  Abolition of Office of Surveyor General and Transfer of Functions Act Mar. 3, 1925 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 64 Stat. 1262 section 1451 of this title Officer designated by the Secretary of the Interior substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of register of district land offices to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title  623. Map of district and plan of irrigation project; approval by Secretary  No unentered lands and no entered lands for which no final certificates have been issued shall be subject to the lien or liens herein contemplated until there shall have been submitted by said irrigation district to the Secretary of the Interior, and approved by him, a map or plat of said district and sufficient detailed engineering data to demonstrate to the satisfaction of the Secretary of the Interior the sufficiency of the water supply and the feasibility of the project, and which shall explain the plan or mode of irrigation in those irrigation districts where the irrigation works have not been constructed, and which plan shall be sufficient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary agricultural crops, and which shall also show the source of water to be used for irrigation of land included in said district: Provided August 11, 1916 ( Aug. 11, 1916, ch. 319,  3 39 Stat. 507  Editorial Notes Codification Section is comprised of section 3 (less the first proviso) of act Aug. 11, 1916 section 625 of this title  624. Entry of approval on land records  Upon the approval of the district map or plat as hereinbefore provided by the Secretary of the Interior the officer designated by the Secretary of the Interior will note said approval upon his records where any unentered or entered and unpatented lands are affected. ( Aug. 11, 1916, ch. 319,  4 39 Stat. 508 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries  Abolition of Office of Surveyor General and Transfer of Functions Act Mar. 3, 1925 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 64 Stat. 1262 section 1451 of this title Officer designated by the Secretary of the Interior substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred function of register of district land offices to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title  625. Release of unentered land from lien on noncompletion of irrigation project  The Secretary of the Interior may, upon the expiration of ten years from the date of his approval of said map and plan of any irrigation district, release from the lien authorized by this chapter any unentered land or lands upon which final certificate has not issued, for which irrigation works have not been constructed and water of such district made available for the land. ( Aug. 11, 1916, ch. 319,  3 39 Stat. 508  Editorial Notes Codification Section is comprised of the first proviso in section 3 of act Aug. 11, 1916 section 623 of this title  626. Enforcement of lien against entered but unpatented land  The lien described in section 622 of this title Provided June 17, 1902 32 Stat. 388 section 441 of this title section 441 of this title June 17, 1902 ( Aug. 11, 1916, ch. 319,  2 39 Stat. 507  Editorial Notes  References in Text Act of June 17, 1902 section 371 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 64 Stat. 1262 section 1451 of this title  627. Sale of unpatented and unentered land prohibited; suspension of entry  No public lands which were unentered at the time any tax or assessment was levied against same by such irrigation district shall be sold for such taxes or assessments, but such tax or assessment shall be and continue a lien upon such lands, and not more than one hundred and sixty acres of such land shall be entered by any one person; and when such lands shall be applied for, after said approval by the Secretary of the Interior, under the homestead or desert-land laws of the United States the application shall be suspended for a period of thirty days to enable the applicant to present a certificate from the proper district or county officer showing that no unpaid district charges are due and delinquent against said land. ( Aug. 11, 1916, ch. 319,  5 39 Stat. 508  Editorial Notes  References in Text The desert-land laws of the United States, referred to in text, are classified generally to chapter 9 ( 321 et seq.) of this title.  628. Patents to entered but unpatented land  Any entered but unpatented lands not subject to the reclamation Act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), sold in the manner and for the purposes mentioned in this chapter may be patented to the purchaser thereof or his assignee at any time after the expiration of the period of redemption allowed by law under which it may have been sold (no redemption having been made) upon the payment to the officer designated by the Secretary of the Interior of the local land office of the minimum price of $1.25 per acre, or such other price as may be fixed by law for such lands, together with the usual fees and commissions charged in entries of like lands under the homestead laws, and upon a satisfactory showing that the irrigation works have been constructed and that water of the district is available for such land; but the purchaser or his assignee shall, at the time of application for patent, have the qualification of a homestead entryman or desert-land entryman, and not more than one hundred and sixty acres of said land shall be patented to any one purchaser under the provisions of this chapter. These limitations shall not apply to sales to irrigation districts, but shall apply to purchasers from such irrigation districts of such land bid in by said district. Unless the purchaser or his assignee of such lands shall, within ninety days after the time for redemption has expired, pay to the proper officer designated by the Secretary of the Interior all fees and commissions and the purchase price to which the United States shall be entitled as provided for in this chapter, any person having the qualification of a homestead entryman or a desert-land entryman may pay to the proper officer designated by the Secretary of the Interior for not more than one hundred and sixty acres of said lands, for which payment has not been made, the unpaid purchase price, fees, and commissions to which the United States may be entitled; and upon satisfactory proof that he has paid to the purchaser at the tax sale, or his assignee or to the proper officer of the district for such purchaser or for the district, as the case may be, the sum for which the land was sold at sale for irrigation-district charges or bid in by the district at such sale, and in addition thereto the interest and penalties on the amount bid at the rate allowed by law, shall be subrogated to the rights of such purchaser to receive patent for said land. In any case where any tract of entered land lying within such approved irrigation district shall become vacant by relinquishment or cancellation for any cause, any subsequent applicant therefor shall be required, in addition to the qualifications and requirements otherwise provided, to furnish satisfactory proof by certificate from the proper district or county officer that he has paid all charges then due to the district upon said land and also has paid to the proper district or county officer for the holder or holders of any tax certificates, delinquency certificates, or other proper evidence of purchase at tax sale the amount for which the said land was sold at tax sale, together with the interest and penalties thereon provided by law. ( Aug. 11, 1916, ch. 319,  6 39 Stat. 508 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Editorial Notes  References in Text The reclamation Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093 32 Stat. 388 section 371 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 64 Stat. 1262 section 1451 of this title Officer designated by the Secretary of the Interior substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of register of district land office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title Oct. 28, 1921 Mar. 3, 1925  629. Delivery of notices required by State law; right to hearing, appeal, etc.  All notices required by the irrigation district laws mentioned in this chapter shall, as soon as such notices are issued, be delivered to the officer designated by the Secretary of the Interior of the proper land office in cases where unpatented lands are affected thereby, and to the entryman whose unpatented lands are included therein, and the United States and such entryman shall be given the same rights to be heard by petition, answer, remonstrance, appeal, or otherwise as are given to persons holding lands in private ownership, and all entrymen shall be given the same rights of redemption as are given to the owners of lands held in private ownership. ( Aug. 11, 1916, ch. 319,  7 39 Stat. 509 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 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 64 Stat. 1262 section 1451 of this title Officer designated by the Secretary of the Interior substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of register of district land office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title Oct. 28, 1921 Mar. 3, 1925  630. Disposition by Government of proceeds of land sold  All moneys derived by the United States from the sale of public lands referred to in this chapter shall be paid into such funds and applied as provided by law for the disposal of the proceeds from the sale of public lands. ( Aug. 11, 1916, ch. 319,  8 39 Stat. 509 CHAPTER 14 GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION    Sec.  641. Grant of desert land to States authorized.  641a. Issuance of quitclaim deeds; patents for segregated lands.  641b. Filing of application for quitclaim deeds.  641c. Requirements of application for quitclaim deed.  641d. Effective date of quitclaim; administration of lands relinquished by States.  642. Liens for expenses of reclamation.  643. Repealed.  644. Preference right to entryman under State laws.  645. Additional arid lands available to Colorado, Idaho, Nevada, and Wyoming for reclamation.  646. Grant extended to New Mexico and Arizona.  647. Grant extended to desert lands within part of former Ute Indian Reservation in Colorado.  648. Omitted.  641. Grant of desert land to States authorized  To aid the public-land States in the reclamation of the desert lands therein, and the settlement, cultivation and sale thereof in small tracts to actual settlers, the Secretary of the Interior with the approval of the President is, as of August 18, 1894 March 3, 1877 March 3, 1891 Before the application of any State is allowed or any contract or agreement is executed or any segregation of any of the land from the public domain is ordered by the Secretary of the Interior, the State shall file a map of the said land proposed to be irrigated which shall exhibit a plan showing the mode of the contemplated irrigation and which plan shall be sufficient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary agricultural crops and shall also show the source of the water to be used for irrigation and reclamation. Any State contracting under this section is authorized to make all necessary contracts to cause the said lands to be reclaimed, and to induce their settlement and cultivation in accordance with and subject to the provisions of this section; but the State shall not be authorized to lease any of said lands or to use or dispose of the same in any way whatever, except to secure their reclamation, cultivation, and settlement. As fast as any State may furnish satisfactory proof according to such rules and regulations as may be prescribed by the Secretary of the Interior, that any of said lands are irrigated, reclaimed, and occupied by actual settlers, patents shall be issued to the State or its assigns for said lands so reclaimed and settled: Provided ( Aug. 18, 1894, ch. 301,  4 28 Stat. 422 Mar. 3, 1901, ch. 853,  3 31 Stat. 1188 Jan. 6, 1921, ch. 10 41 Stat. 1085 Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792  Editorial Notes  References in Text Act approved March 3, 1877 act Mar. 3, 1877, ch. 107 19 Stat. 377 The Act amendatory thereof, approved March 3, 1891 act Mar. 3, 1891, ch. 561 26 Stat. 1095 section 1181 of this title section 426 of Title 25 section 495 of Title 25 Amendments 1976 Pub. L. 94579 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Short Title This section is popularly known as the Carey Act. Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  641a. Issuance of quitclaim deeds; patents for segregated lands  The Secretary of the Interior shall issue quitclaim deeds to the public-land States for all lands patented to such States under section 641 of this title June 1, 1953 ( Aug. 13, 1954, ch. 727,  1 68 Stat. 703  641b. Filing of application for quitclaim deeds  The Secretary shall not issue such quitclaim deeds or patents to any State, however, unless that State files a proper application for the transfer of these lands within three years after August 13, 1954 ( Aug. 13, 1954, ch. 727,  2 68 Stat. 703  641c. Requirements of application for quitclaim deed  The application must include a list of all the lands which the State certifies should be transferred under the terms of section 641a of this title section 641 of this title August 13, 1954 ( Aug. 13, 1954, ch. 727,  3 68 Stat. 703  641d. Effective date of quitclaim; administration of lands relinquished by States  The quitclaim or relinquishment of all right, title, and interest by the State to any lands under sections 641a to 641d of this title shall not be effective until the Secretary has transferred the lands applied for under section 641a of this title ( Aug. 13, 1954, ch. 727,  4 68 Stat. 703  642. Liens for expenses of reclamation  Under any law heretofore or hereafter enacted by any State, providing for the reclamation of arid lands, in pursuance and acceptance of the terms of the grant made in section 641 of this title Provided ( June 11, 1896, ch. 420 29 Stat. 434  643. Repealed. Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792   Section, act Mar. 15, 1910, ch. 96 36 Stat. 237 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  644. Preference right to entryman under State laws  The Secretary of the Interior, when restoring to the public domain lands that have been segregated to a State under sections 641, 642 and 643 1 1 section 641 of this title section 641 of this title Provided ( Feb. 14, 1920, ch. 74 41 Stat. 407  Editorial Notes  References in Text Section 643 of this title Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792  645. Additional arid lands available to Colorado, Idaho, Nevada, and Wyoming for reclamation  An additional one million acres of arid lands within each of the States of Colorado, Idaho, Nevada, and Wyoming is made available and subject to the terms of section 641 of this title ( May 27, 1908, ch. 200 35 Stat. 347 Mar. 4, 1911, ch. 285 36 Stat. 1417 Aug. 21, 1911 37 Stat. 38  646. Grant extended to New Mexico and Arizona  All the provisions of sections 641, 642 and 643 1 1 ( Feb. 18, 1909, ch. 150,  1 35 Stat. 638  Editorial Notes  References in Text Section 643 of this title Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Statutory Notes and Related Subsidiaries Effective Date Act Feb. 18, 1909, ch. 150,  2 35 Stat. 639 That this Act [enacting this section] shall be in full force and effect from and after its passage.  647. Grant extended to desert lands within part of former Ute Indian Reservation in Colorado  The provisions of sections 641, 642 and 643 1 1 July 28, 1882 Provided section 3 of the Act of June 15, 1880 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 35 Stat. 644  Editorial Notes  References in Text Section 643 of this title Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Act approved July 28, 1882 act July 28, 1882, ch. 357 22 Stat. 178 Section 3 of the Act of June 15, 1880 act June 15, 1880, ch. 223 21 Stat. 199  648. Omitted  Editorial Notes Codification Section, acts Feb. 26, 1917, ch. 124 39 Stat. 942 Mar. 3, 1919, ch. 114 40 Stat. 1322 June 5, 1920, ch. 249 41 Stat. 987 January 12, 1929 CHAPTER 15 APPROPRIATION OF WATERS; RESERVOIR SITES    Sec.  661. Appropriation of waters on public lands; rights of way for canals and ditches.  662. Reservation of reservoir sites generally.  663. Restriction of sites to inclusion of necessary lands.  664. Rights of way over reservoir sites generally.  665. Rights of way over reservoir sites for wagon road, railroad, or other highway.  666. Suits for adjudication of water rights.  661. Appropriation of waters on public lands; rights of way for canals and ditches  Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by this section. (R.S.  2339, 2340.)  Editorial Notes Codification R.S.  2339 derived from act July 26, 1866, ch. 262,  9 14 Stat. 253 R.S.  2340 derived from act July 9, 1870, ch. 235,  17 16 Stat. 218 This section is also classified to sections 51 and 52 of Title 30, Mineral Lands and Mining. Statutory Notes and Related Subsidiaries Amendment of Section; Savings Provision Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same. All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights as may have been acquired under or recognized by this section. Such amendment not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Section as Unaffected by Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title  662. Reservation of reservoir sites generally  Sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation and the prevention of floods and overflows, located or selected prior to August 30, 1890 ( Oct. 2, 1888, ch. 1069 25 Stat. 526 Aug. 30, 1890, ch. 837,  1 26 Stat. 391 Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792  Editorial Notes Codification Section is based on provisions contained in acts Oct. 2, 1888 Aug. 30, 1890 Oct. 21, 1976 Amendments 1976 Pub. L. 94579 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  663. Restriction of sites to inclusion of necessary lands  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  664. Rights of way over reservoir sites generally  All reservoir sites reserved or to be reserved shall be open to use and occupation under sections 946 to 949 1 1 Provided ( 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. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  665. Rights of way over reservoir sites for wagon road, railroad, or other highway  In the form provided by existing law, the Secretary of the Interior may file and approve surveys and plats of any right of way for a wagon road, railroad, or other highway over and across any reservoir site when in his judgment the public interests will not be injuriously affected thereby. ( Mar. 3, 1899, ch. 427,  1 30 Stat. 1233  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  666. Suits for adjudication of water rights (a) Joinder of United States as defendant; costs Consent is given to join the United States as a defendant in any suit (1) for the adjudication of rights to the use of water of a river system or other source, or (2) for the administration of such rights, where it appears that the United States is the owner of or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise, and the United States is a necessary party to such suit. The United States, when a party to any such suit, shall (1) be deemed to have waived any right to plead that the State laws are inapplicable or that the United States is not amenable thereto by reason of its sovereignty, and (2) shall be subject to the judgments, orders, and decrees of the court having jurisdiction, and may obtain review thereof, in the same manner and to the same extent as a private individual under like circumstances: Provided (b) Service of summons Summons or other process in any such suit shall be served upon the Attorney General or his designated representative. (c) Joinder in suits involving use of interstate streams by State Nothing in this section shall be construed as authorizing the joinder of the United States in any suit or controversy in the Supreme Court of the United States involving the right of States to the use of the water of any interstate stream. ( July 10, 1952, ch. 651 66 Stat. 560  Editorial Notes Codification Section is comprised of subsections (a) to (c) of section 208 of act July 10, 1952 July 10, 1952 United States v. Fallbrook Public Utility Corporation. CHAPTER 16 SALE AND DISPOSAL OF PUBLIC LANDS    Sec.  671 687b5. Repealed.  687c. Alaskan land leases for fur farming; citizenship; acreage limitation; period; terms and conditions; laws applicable to mineral resources; reservations.  687c1. Execution of provisions of section 687c; authority of Secretary of the Interior.  688 700. Repealed.  671. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section, act Mar. 3, 1891, ch. 561,  9 26 Stat. 1099 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  672. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section, R.S.  2353, required public lands, offered at public sale, to be offered in half quarter sections.  673 to 676. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 673, R.S.  2354, authorized private sales of all public lands in entire, half, etc., sections.  Section 674, R.S.  2355; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Section 675, act May 18, 1898, ch. 344,  2 30 Stat. 418  Section 676, R.S.  2365; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  677. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section, R.S.  2356, related to credit on sales and payment of price.  678 to 682. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 678, R.S.  2357, related to acreage price for public lands offered for sale.  Section 679, act June 15, 1880, ch. 227,  3 21 Stat. 238  Section 680, act June 15, 1880, ch. 227,  4 21 Stat. 238 section 679 of this title  Section 681, act Mar. 2, 1889, ch. 381,  4 25 Stat. 854  Section 682, act Mar. 1, 1907, ch. 2286 34 Stat. 1052 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  682a to 682e. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section 682a, acts June 1, 1938, ch. 317,  1 52 Stat. 609 July 14, 1945, ch. 298 59 Stat. 467 June 8, 1954, ch. 270 68 Stat. 239  Section 682b, act June 1, 1938, ch. 317,  2 June 8, 1954, ch. 270 68 Stat. 239  Section 682c, act June 1, 1938, ch. 317,  3 June 8, 1954, ch. 270 68 Stat. 239  Section 682d, act June 1, 1938, ch. 317,  4 June 8, 1954, ch. 270 68 Stat. 240  Section 682e, act June 1, 1938, ch. 317,  5 June 8, 1954, ch. 270 68 Stat. 240 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  683 to 687. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section 683, R.S.  2364, related to minimum price for sale of public lands.  Section 684, R.S.  2358, related to authorization of President to cause public lands to be offered for sale.  Section 685, R.S.  2359, related to advertising of sale of public lands.  Section 686, act Jan. 12, 1877, ch. 18,  2 19 Stat. 221  Section 687, R.S.  2360, related to duration of sale of public lands.  687a to 687a3. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 687a, acts May 14, 1898, ch. 299,  10 30 Stat. 413 Mar. 3, 1927, ch. 323 44 Stat. 1364 May 26, 1934, ch. 357 48 Stat. 809 Aug. 23, 1958 Pub. L. 85725,  3 72 Stat. 730  Section 687a1, act Apr. 29, 1950, ch. 137,  5 64 Stat. 95  Section 687a2, acts May 14, 1898, ch. 299,  10 30 Stat. 413 Aug. 3, 1955, ch. 496,  2 69 Stat. 444  Section 687a3, act May 14, 1898, ch. 299,  10 30 Stat. 413 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  687a4. Repealed. Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792   Section, act May 14, 1898, ch. 299,  10 30 Stat. 413 section 464 of Title 48  Section was additionally repealed by Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  687a5 to 687b4. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 687a5, act May 14, 1898, ch. 299,  10 30 Stat. 413  Section 687a6, acts Mar. 3, 1891, ch. 561,  13 26 Stat. 1100 Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100  Section 687b, act Aug. 30, 1949, ch. 521,  1 63 Stat. 679  Section 687b1, act Aug. 30, 1949, ch. 521,  2 63 Stat. 679  Section 687b2, acts Aug. 30, 1949, ch. 521,  3 63 Stat. 679 Oct. 21, 1976 Pub. L. 94579, title VII,  703(d) 90 Stat. 2791  Section 687b3, act Aug. 30, 1949, ch. 521,  4 63 Stat. 679  Section 687b4, act Aug. 30, 1949, ch. 521,  5 63 Stat. 679 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  687b5. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section, Pub. L. 8866 July 19, 1963 77 Stat. 80 section 364f of Title 48 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  687c. Alaskan land leases for fur farming; citizenship; acreage limitation; period; terms and conditions; laws applicable to mineral resources; reservations  The Secretary of the Interior, in order to encourage and promote development of production of furs in the Territory of Alaska, is authorized to lease to corporations organized under the laws of the United States, or of any state or Territory thereof, citizens of the United States, or associations of such citizens, public lands of the United States in the Territory of Alaska suitable for fur farming, in areas not exceeding six hundred and forty acres, and for periods not exceeding ten years, upon such terms and conditions as he may by general regulations prescribe: Provided Provided further And provided further 1 1 And provided further July 3, 1926 ( July 3, 1926, ch. 745,  1 44 Stat. 821  Editorial Notes  References in Text Section 646 of title 16 act Feb. 26, 1944, ch. 65,  18 58 Stat. 104 Codification Section was formerly classified to section 360 of Title 48 Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  687c1. Execution of provisions of section 687c; authority of Secretary of the Interior  The Secretary of the Interior is authorized to perform any and all acts, and to make such rules and regulations as may be necessary and proper, for the purpose of carrying the provisions of section 687c of this title ( July 3, 1926, ch. 745,  2 44 Stat. 822  Editorial Notes Codification Section was formerly classified to section 361 of Title 48  688 to 700. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 688, R.S.  2361; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  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 July 16, 1946 60 Stat. 1100  Section 694, R.S.  2370; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  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 July 16, 1946 60 Stat. 1100  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 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title CHAPTER 17 RESERVATION AND SALE OF TOWN SITES ON PUBLIC LANDS    Sec.  711 736. Repealed.  737. Unrestricted deeds for townsite lands held by Alaska natives.  738. Repealed.  711 to 715. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 711, R.S.  2380, authorized reservation of town sites by President.  Section 712, R.S.  2381; acts Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 713, R.S.  2382; acts Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100 Aug. 24, 1954, ch. 904,  1 68 Stat. 792  Section 714, R.S.  2383, authorized extension of limits of towns established on unsurveyed lands.  Section 715, R.S.  2384; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  716. Repealed. Aug. 24, 1954, ch. 904,  2 68 Stat. 792   Section, R.S.  2385, related to size of lots or plat varying from general rule.  717 to 728. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 717, R.S.  2386, related to title to town lots subject to mineral rights.  Section 718, R.S.  2387; acts Mar. 3, 1891, ch. 561,  4 26 Stat. 1097  Section 719, R.S.  2388; acts Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100  Section 720, R.S.  2389, authorized entry by town authorities of town sites in proportion to number of inhabitants.  Section 721, R.S.  2391, made void acts of trustees not in conformity to regulations alluded to in section 718 of this title  Section 722, R.S.  2392, provided that no title was to be acquired under sections 711 to 715 and 717 to 721 of this title to any mine of gold, silver, cinnabar, or copper or to any valid mining claim or possession held under existing laws.  Section 723, R.S.  2393, provided that provisions of sections 711 to 715 and 717 to 724 of this title were not to apply to military reservations or to other reservations made by the United States prior to Mar. 2, 1867  Section 724, R.S.  2394, authorized inhabitants of any town on public land to avail themselves of provisions of sections 718 to 720 of this title and required that they pay, in addition to minimum price of lands so entered, all costs of surveying and platting.  Section 725, act Mar. 3, 1877, ch. 113,  1 19 Stat. 392  Section 726, acts Mar. 3, 1877, ch. 113,  3 19 Stat. 392 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 727, act Mar. 3, 1877, ch. 113,  4 19 Stat. 392  Section 728, act Mar. 3, 1891, ch. 561,  16 26 Stat. 1101 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  729. Repealed. June 14, 1926, ch. 578,  5 June 4, 1954, ch. 263 68 Stat. 175   Section, act Sept. 30, 1890, ch. 1121 26 Stat. 502  Act Oct. 17, 1940, ch. 890,  2 54 Stat. 1192 act June 14, 1926, ch. 578,  5 act June 4, 1954, ch. 263 68 Stat. 175  730 to 736. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 730, act July 9, 1914, ch. 138 38 Stat. 454 October 11, 1911  Section 731, act Feb. 9, 1903, ch. 531 32 Stat. 820  Section 732, act Mar. 3, 1891, ch. 561,  11 26 Stat. 1099 section 355 of Title 48  Section 733, act May 25, 1926, ch. 379,  1 44 Stat. 629 section 355a of Title 48  Section 734, act May 25, 1926, ch. 379,  2 44 Stat. 630 section 355b of Title 48  Section 735, act May 25, 1926, ch. 379,  3 44 Stat. 630 section 355c of Title 48  Section 736, act May 25, 1926, ch. 379,  4 44 Stat. 630 section 355d of Title 48 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Juneau Indian Village Townsite Pub. L. 8834 May 29, 1963 77 Stat. 52 May 29, 1963 section 703(a) of Pub. L. 94579  737. Unrestricted deeds for townsite lands held by Alaska natives  The trustee or trustees to whom a patent has been issued for a townsite surveyed pursuant to section 732 or 735 1 1 2 2 ( Feb. 26, 1948, ch. 72 62 Stat. 35  Editorial Notes  References in Text Sections 732 and 735 of this title, referred to in text, were repealed by Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Codification Section was formerly classified to section 355e of Title 48  738. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section, act July 24, 1947, ch. 305 61 Stat. 414 section 364 of Title 48 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title CHAPTER 18 SURVEY OF PUBLIC LANDS    Sec.  751. Rules of survey.  751a. Survey system extended to Alaska.  751b. Surveys in Nome and Fairbanks districts.  752. Boundaries and contents of public lands; how ascertained.  753. Lines of division of half quarter sections; how run.  754 756. Repealed.  757. Cost of survey of private land claims to be reported and paid.  758. Delivery of patent contingent on refund of cost of survey.  759. Survey for and by settlers in township.  760. Deposit for expenses deemed an appropriation.  761. Repayment of excess of deposits to cover cost of surveys of mineral lands.  762. Deposits made by settlers for surveys to go in part payment of lands.  763. Deposits in Louisiana applicable to resurveys.  764 765. Repealed.  766. Geological surveys, extension of public surveys, expenses of subdividing.  767 769. Repealed.  770. Rectangular mode of survey; departure from.  771. Repealed.  772. Resurveys or retracements to mark boundaries of undisposed lands.  773. Resurveys or retracements of township lines, etc.  774. Protection of surveyor by marshal.  775. Omitted.  776. Cadastre of Federal real property.  751. Rules of survey  The public lands shall be divided by north and south lines run according to the true meridian, and by others crossing them at right angles, so as to form townships of six miles square, unless where the line of an Indian reservation, or of tracts of land surveyed or patented prior to May 18, 1796 Second. The corners of the townships must be marked with progressive numbers from the beginning; each distance of a mile between such corners must be also distinctly marked with marks different from those of the corners. Third. The township shall be subdivided into sections, containing, as nearly as may be, six hundred and forty acres each, by running parallel lines through the same from east to west and from south to north at the distance of one mile from each other, and marking corners at the distance of each half mile. The sections shall be numbered, respectively, beginning with the number one in the northeast section and proceeding west and east alternately through the township with progressive numbers, until the thirty-six be completed. Fourth. The deputy surveyors, respectively, shall cause to be marked on a tree near each corner established in the manner described, and within the section, the number of such section, and over it the number of the township within which such section may be; and the deputy surveyors shall carefully note, in their respective field books, the names of the corner trees marked and the numbers so made. Fifth. Where the exterior lines of the townships which may be subdivided into sections or half-sections exceed, or do not extend six miles, the excess or deficiency shall be specially noted, and added to or deducted from the western and northern ranges of sections or half-sections in such township, according as the error may be in running the lines from east to west, or from north to south; the sections and half-sections bounded on the northern and western lines of such townships shall be sold as containing only the quantity expressed in the returns and plats respectively, and all others as containing the complete legal quantity. Sixth. All lines shall be plainly marked upon trees, and measured with chains, containing two perches of sixteen and one-half feet each, subdivided into twenty-five equal links; and the chain shall be adjusted to a standard to be kept for that purpose. Seventh. Every surveyor shall note in his field book the true situations of all mines, salt licks, salt springs, and mill-seats which come to his knowledge; all watercourses over which the line he runs may pass; and also the quality of the lands. Eighth. These field books shall be returned to the Secretary of the Interior or such officer as he may designate, who shall cause therefrom a description of the whole lands surveyed to be made out and transmitted to the officers who may superintend the sales. He shall also cause a fair plat to be made of the townships and fractional parts of townships contained in the lands, describing the subdivisions thereof, and the marks of the corners. This plat shall be recorded in books to be kept for that purpose; and a copy thereof shall be kept open at the office of the Secretary of the Interior or of such agency as he may designate for public information, and other copies shall be sent to the places of the sale, and to the Bureau of Land Management. (R.S.  2395; Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100 Apr. 29, 1950, ch. 134,  1 64 Stat. 92  Editorial Notes Codification R.S.  2395 derived from acts May 18, 1796, ch. 29,  2 1 Stat. 465 May 10, 1800, ch. 55,  3 2 Stat. 73 Mar. 3, 1877, ch. 105 19 Stat. 348 Amendments 1950Par. Third. Act Apr. 29, 1950 Statutory Notes and Related Subsidiaries  Abolition of Office of Surveyor General and Transfer of Functions Act Mar. 3, 1925 Land Information Study; Report to Congress Pub. L. 100409,  8 Aug. 20, 1988 102 Stat. 1091  (a)  Study The Secretary of the Interior shall conduct an assessment of the need for and cost and benefits associated with improvements in the existing methods of land surveying and mapping and of collecting, storing, retrieving, disseminating, and using information about Federal and other lands. (b)  Consultation In conducting the assessment required by this section, the Secretary of the Interior shall consult with the following (1) the Secretary of Agriculture; (2) the Secretary of Commerce; (3) the Director of the National Science Foundation; (4) representatives of State and local governments; (5) representatives of private sector surveying and mapping science. (c)  Report No later than one year after the day of enactment of this Act [ Aug. 20, 1988 (d)  Topics In the report required by subsection (c), the Secretary of the Interior shall include a discussion and evaluation of the following: (1) relevant recommendations made by the National Academy of Sciences (National Research Council) on the concept of a multipurpose cadastre from time to time prior to the date of enactment of this Act [ Aug. 20, 1988 (2) ongoing activities concerning development of an overall reference frame for land and resource information, including but not limited to a geodetic network, a series of current and accurate large-scale maps, cadastral overlay maps, unique identifying numbers linking specific land parcels to a common index of all land records in United States cadastral systems, and a series of land data files; (3) ways to achieve better definition of the roles of Federal and other governmental agencies and the private sector in dealing with land information systems; (4) ways to improve the coordination of Federal land information activities; and (5) model standards developed by the Secretary for compatible multipurpose land information systems for use by Federal, State and local governmental agencies, the public, and the private sector. (e)  Recommendations The report required by subsection (c) may also include such recommendations for legislation as the Secretary of the Interior considers necessary or desirable. 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 64 Stat. 1262 section 1451 of this title In par. Eighth, reference to United States Supervisor of Surveys, changed to Secretary of the Interior or such officer as he may designate,; office of the Field Surveying Service changed to office of the Secretary of the Interior or of such agency as he may designate,; and General Land Office changed to Bureau of Land Management, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  751a. Survey system extended to Alaska  The system of public land surveys is extended to the Territory of Alaska. ( Mar. 3, 1899, ch. 424 30 Stat. 1098  Editorial Notes Codification Section was formerly classified to section 351 of Title 48 Section is from the Sundry Civil Appropriation Act, 1900. Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  751b. Surveys in Nome and Fairbanks districts  The Secretary of the Interior or such officer as he may designate, shall furnish the land offices at Nome and Fairbanks a sufficient quantity of numbers to be used in the different classes of official surveys that may be made in the Nome and Fairbanks land districts to meet the requirements thereof, and upon application by any person desiring to have an official survey made such officers as the Secretary of the Interior may designate shall furnish a number or numbers for such survey or surveys, together with an order directing a qualified deputy surveyor to make the same, and such application, order, and the fee required to be paid shall be transmitted to the Secretary of the Interior or such officer as he may designate: Provided ( Mar. 2, 1907, ch. 2537,  4 34 Stat. 1232 Mar. 3, 1925, ch. 462 43 Stat. 1144 Oct. 9, 1942, ch. 584,  2 56 Stat. 779 July 16, 1946 60 Stat. 1100  Editorial Notes Codification Section was formerly classified to section 352 of Title 48 Statutory Notes and Related Subsidiaries Repeals Act Oct. 9, 1942, ch. 584,  2 56 Stat. 779 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 651  Abolition of Offices of Receiver and Surveyor General and Transfer of Functions References to receivers changed to registers by act Oct. 9, 1942 Act Mar. 3, 1925 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 64 Stat. 1262 section 1451 of this title Functions of Supervisor of Surveys and Registers transferred to Secretary of the Interior or those officers as he may designate by section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  752. Boundaries and contents of public lands; how ascertained  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 July 16, 1946 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 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 64 Stat. 1262 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  753. Lines of division of half quarter sections; how run  In every case of the division of a quarter section the line for the division thereof shall run north and south, and the corners and contents of half quarter sections which may thereafter be sold, shall be ascertained in the manner and on the principles directed and prescribed by section 752 of this title (R.S.  2397.)  Editorial Notes Codification R.S.  2397 derived from acts Apr. 24, 1820, ch. 51,  1 3 Stat. 566 Apr. 5, 1832, ch. 65 4 Stat. 503  754 to 756. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section 754, R.S.  2398, related to binding effect of contracts for surveys.  Section 755, R.S.  2399; acts Oct. 1, 1890, ch. 1262 26 Stat. 650 Aug. 15, 1894, ch. 288 28 Stat. 285 Apr. 26, 1902, ch. 592 32 Stat. 120 Mar. 3, 1925, ch. 462 43 Stat. 1144  Section 756, R.S.  2400; act Mar. 3, 1875, ch. 130,  1 18 Stat. 384  757. Cost of survey of private land claims to be reported and paid  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 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries  Abolition of Office of Surveyor General and Transfer of Functions Act Mar. 3, 1925 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 64 Stat. 1262 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  758. Delivery of patent contingent on refund of cost of survey  In all cases of the survey of private land claims the cost of the same shall be refunded to the Treasury by the owner before the delivery of the patent. ( Mar. 3, 1885, ch. 360 23 Stat. 499  759. Survey for and by settlers in township  When the settlers in any township not mineral or reserved by the Government, or persons and associations lawfully possessed of coal lands and otherwise qualified to make entry thereof, or when the owners or grantees of public lands of the United States, under any law thereof, desire a survey made of the same under the authority of such agency as the Secretary of the Interior may designate and shall file an application therefor in writing, and shall deposit in a proper United States depository to the credit of the United States a sum sufficient to pay for such survey, together with all expenditures incident thereto, without cost or claim for indemnity on the United States, it shall be lawful for such agency, under such instructions as may be given by the Secretary of the Interior or such officer as he may designate, and in accordance with law, to survey such township or such public lands owned by said grantees of the Government, and make return therefor to the general and proper local land office: Provided (R.S.  2401; Aug. 20, 1894, ch. 302,  1 28 Stat. 423 Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  2401 derived from act May 30, 1862, ch. 86,  10 12 Stat. 410 Statutory Notes and Related Subsidiaries  Abolition of Office of Surveyor General and Transfer of Functions Act Mar. 3, 1925 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 64 Stat. 1262 section 1451 of this title References to the Field Surveying Service changed to such agency as the Secretary of the Interior may designate and such agency,, respectively; and Commissioner of the General Land Office changed to Secretary of the Interior or such officer as he may designate, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  760. Deposit for expenses deemed an appropriation  The deposit of money in a proper United States depository, under the provisions of section 759 of this title (R.S.  2402.)  Editorial Notes Codification R.S.  2402 derived from Res. July 1, 1864 13 Stat. 414  761. Repayment of excess of deposits to cover cost of surveys of mineral lands  The Secretary of the Treasury is authorized and directed to pay, out of the moneys heretofore or hereafter covered into the Treasury from deposits made by individuals to cover cost of work performed and to be performed in the offices of such agency as the Secretary of the Interior may designate in connection with the survey of mineral lands, any excess in the amount deposited over and above the actual cost of the work performed, including all expenses incident thereto for which the deposits were severally made or the whole of any unused deposit; and such sums, as the several cases may be, shall be deemed to be annually and permanently appropriated for that purpose. Such repayments shall be made to the person or persons who made the several deposits, or to his or their legal representatives, after the completion or abandonment of the work for which the deposits were made, and upon an account certified by the office of such agency of the district in which the mineral land surveyed, or sought to be surveyed, is situated and approved by the Secretary of the Interior or such officer as he may designate. ( Feb. 24, 1909, ch. 180 35 Stat. 645 Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries  Abolition of Office of Surveyor General and Transfer of Functions Act Mar. 3, 1925 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 64 Stat. 1262 section 1451 of this title References to the United States Field Surveying Service and the Field Surveying Service changed to such agency as the Secretary of the Interior may designate, and the office of such agency, respectively; and Commissioner of the General Land Office changed to Secretary of the Interior or such officer as he may designate, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  762. Deposits made by settlers for surveys to go in part payment of lands  Where settlers or owners or grantees of public lands make deposits in accordance with the provisions of section 759 of this title (R.S.  2403; Apr. 27, 1876, ch. 84 19 Stat. 38 Mar. 3, 1879, ch. 170 20 Stat. 352 Aug. 20, 1894, ch. 302,  2 28 Stat. 423  Editorial Notes Codification R.S.  2403 derived from acts Mar. 3, 1871, ch. 127 16 Stat. 581 Apr. 27, 1876, ch. 84 19 Stat. 38  763. Deposits in Louisiana applicable to resurveys  Such sums as have been or may be deposited for surveys in Louisiana by actual settlers, under sections 759, 760, and 762 of this title, may be, in whole or in part, employed in making such resurveys as may be necessary in the discretion of the Secretary of the Interior or such officer as he may designate. ( Aug. 7, 1882, ch. 433 22 Stat. 327 July 16, 1946 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 64 Stat. 1262 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  764, 765. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section 764, R.S.  2404, related to augmented rates for surveys of forest lands in Oregon.  Section 765, R.S.  2405, related to augmented rates for surveys of forest lands in California and Washington.  766. Geological surveys, extension of public surveys, expenses of subdividing  There shall be no further geological survey by the Government, unless authorized by law. The public surveys shall extend over all mineral lands; and all subdividing of surveyed lands into lots less than one hundred and sixty acres may be done by county and local surveyors at the expense of claimants; but nothing in this section contained shall require the survey of waste or useless lands. (R.S.  2406.)  Editorial Notes Codification R.S.  2406 derived from acts July 21, 1852, ch. 66,  1 10 Stat. 15 July 9, 1870, ch. 235,  16 16 Stat. 218 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  767. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section, R.S.  2407, authorized a departure from ordinary method in surveying land on a watercourse.  768, 769. Repealed. Apr. 29, 1950, ch. 134,  4 64 Stat. 93   Section 768, R.S.  2408, authorized Secretary of the Interior to vary lines of subdivisions from a rectangular form to suit the circumstances of the country in extending the surveys of public lands in Nevada. See section 770 of this title  Section 769, R.S.  2409, authorized Secretary of the Interior to continue geodetic method of survey in Oregon and California.  770. Rectangular mode of survey; departure from  The Secretary of the Interior may, by regulation, provide that departures may be made from the system of rectangular surveys whenever it is not feasible or economical to extend the rectangular surveys in the regular manner or whenever such departure would promote the beneficial use of lands. (R.S.  2410; Apr. 29, 1950, ch. 134,  2 64 Stat. 93  Editorial Notes Codification R.S.  2410 derived from act Mar. 3, 1853, ch. 145,  4 10 Stat. 245 Amendments 1950Act Apr. 29, 1950  771. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section, R.S.  2411, related to compensation for surveying by the day instead of by the mile in Oregon and California.  772. Resurveys or retracements to mark boundaries of undisposed lands  The Secretary of the Interior may, as of March 3, 1909 Provided ( Mar. 3, 1909, ch. 271 35 Stat. 845 June 25, 1910 36 Stat. 884 Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792  Editorial Notes Amendments 1976 Pub. L. 94579 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  773. Resurveys or retracements of township lines, etc.  Upon the application of the owners of three-fourths of the privately owned lands in any township covered by public-land surveys, more than 50 per centum of the area of which townships is privately owned, accompanied by a deposit with the Secretary of the Interior, or such officer as he may designate, of the proportionate estimated cost, inclusive of the necessary work, of the resurvey or retracement of all the privately owned lands in said township, the Secretary, or such officer as he may designate, shall be authorized in his discretion to cause to be made a resurvey or retracement of the lines of said township and to set permanent corners and monuments in accordance with the laws and regulations governing surveys and resurveys of public lands. The sum so deposited shall be held by the Secretary of the Interior or such officer as he may designate, and may be expended in payment of the cost of such survey, including field and office work, and any excess over the cost of such survey and the expenses incident thereto shall be repaid pro rata to the persons making said deposits or their legal representatives. The proportionate cost of the field and office work for the resurvey or retracement of any public lands in such township shall be paid from the current appropriation for the survey and resurvey of public lands, in addition to the portion of such appropriation otherwise allowed by law for resurveys and retracements. Similar resurveys and retracements may be made on the application, accompanied by the requisite deposit, of any court of competent jurisdiction, the returns of such resurvey or retracement to be submitted to the court. The Secretary of the Interior is authorized to make all necessary rules and regulations to carry this section into full force and effect. ( Sept. 21, 1918, ch. 175 40 Stat. 965 Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries  Abolition of Office of Surveyor General and Transfer of Functions Act Mar. 3, 1925 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 64 Stat. 1262 section 1451 of this title Supervisor of Surveys changed to the Secretary of the Interior, or such officer as he may designate,; Commissioner of the General Land Office subject to the supervisory authority of the Secretary of the Interior, changed to Secretary, or such officer as he may designate,; and reference to Supervisor of Surveys or commissioner changed to Secretary of the Interior or such officer as he may designate,, all on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  774. Protection of surveyor by marshal  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  775. Omitted  Editorial Notes Codification Section, act May 13, 1960 Pub. L. 86455, title I 74 Stat. 106 June 23, 1959 Pub. L. 8660, title I 72 Stat. 93 June 4, 1958 Pub. L. 85439, title I 72 Stat. 156 July 1, 1957 Pub. L. 8577, title I 71 Stat. 258 June 13, 1956, ch. 380 70 Stat. 258 June 16, 1955, ch. 147 69 Stat. 142 July 1, 1954, ch. 446 68 Stat. 362 July 31, 1953, ch. 298 67 Stat. 263 July 9, 1952, ch. 597 66 Stat. 447  776. Cadastre of Federal real property (a) Definitions In this section: (1) Cadastre (A) In general The term cadastre means an inventory of real property developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phenomena, or boundaries of the earth, and any information related to the data, including (i) surveys; (ii) maps; (iii) charts; (iv) satellite and airborne remote sensing data; (v) images; and (vi) services of an architectural or engineering nature performed by 1 or more professionals, as authorized to perform the services under State law, if applicable, such as (I) a surveyor; (II) a photogrammetrist; (III) a hydrographer; (IV) a geodesist; or (V) a cartographer. (B) Inclusions The term cadastre includes (i) a reference frame consisting of a current geodetic network that is consistent with, and not duplicative of, the National Geodic Survey of the National Oceanic and Atmospheric Administration; (ii) a series of current and accurate large-scale maps; (iii) an existing cadastral boundary overlay delineating all cadastral parcels; (iv) a system for indexing and identifying each cadastral parcel; and (v) a series of land data files, each including the parcel identifier, which can be used to retrieve information and cross-reference between and among other existing data files that may contain information about the use, assets, and infrastructure of each parcel. (2) Federal real property (A) In general The term Federal real property means any real property owned, leased, or otherwise managed by the Secretary concerned. (B) Exclusions The term Federal real property does not include (i) real property held in trust by the Federal Government for the benefit of 1 or more Indian Tribes or individual Indians; or (ii) restricted land owned by an Indian Tribe or individual Indians. (3) Real property The term real property means real estate consisting of (A) land; (B) buildings, crops, forests, or other resources still attached to or within the land; (C) improvements or fixtures permanently attached to the land; (D) any structure on the land; or (E) any interest, benefit, right, or privilege in the property described in subparagraphs (A) through (D). (4) Secretary concerned The term Secretary concerned means (A) the Secretary; or (B) the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Cadastre of Federal real property (1) Interagency data standardization Not later than 18 months after December 29, 2022 (2) Development of cadastre Not later than 2 years after December 29, 2022 (A) resource development and conservation; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property. (3) Consolidation and report Not later than 180 days after December 29, 2022 (A) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned, including (i) the statutory authorization for each existing real property inventory or component of a cadastre; and (ii) the amount expended by the Federal Government for each existing real property inventory or component of a cadastre in fiscal year 2022; (B) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will be eliminated or consolidated into the multipurpose cadastre under paragraph (2); (C) (i) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will not be eliminated or consolidated into the multipurpose cadastre under paragraph (2); and (ii) a justification for not eliminating or consolidating an existing real property inventory or component of a cadastre described in clause (i) into the multipurpose cadastre under paragraph (2); (D) the use of existing real property inventories or any components of any cadastre currently maintained by any unit of State or local government that can be used to identify Federal real property within that unit of government; (E) the cost savings that will be achieved by eliminating or consolidating duplicative or unneeded real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will become part of the multipurpose cadastre under paragraph (2); (F) a plan for the implementation of this section, including a cost estimate and an assessment of the feasibility of using revenue from any transactional activity authorized by law to offset any costs of implementing this section; and (G) recommendations for any legislation necessary to increase the cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating Federal real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned. (4) Coordination (A) In general In carrying out this section, the Secretaries concerned shall (i) participate (in accordance with section 216 of the E-Government Act of 2002 ( 44 U.S.C. 3501 Public Law 107347 43 U.S.C. 2806 (ii) coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic Data Committee established by section 753(a) of the Geospatial Data Act of 2018 ( 43 U.S.C. 2802(a) (I) the cadastre under paragraph (2); and (II) any aspect of the development of the cadastre under paragraph (2); (iii) integrate, or make the cadastre interoperable with, the Federal Real Property Profile or other inventories established pursuant to Executive Order 13327 ( 40 U.S.C. 121 40 U.S.C. 1303 Public Law 114287 Public Law 114318 130 Stat. 1608 (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government. (B) Contracts considered surveying and mapping (i) In general A contract between the Secretaries concerned and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40). (ii) Selection procedures A contract described in clause (i) shall be entered into in accordance with the selection procedures in chapter 11 of title 40. (c) Transparency and public access The Secretary concerned shall (1) in accordance with any requirements applicable to the Secretary concerned under section 759 of the Geospatial Data Act of 2018 ( 43 U.S.C. 2808 (A) in a graphically geo-enabled and searchable format; and (B) in a manner that is consistent with, and meets any requirements for integration with, the GeoPlatform established under section 758(a) of that Act ( 43 U.S.C. 2807(a) (2) ensure that the inventory referred to in subsection (b) includes the identification of all land suitable for disposal and the appraised value of the land, if an appraisal has been conducted, in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any information related to the land, buildings, or facilities if that disclosure would impair or jeopardize the national security or homeland defense of the United States. (d) Applicable law Any data that is part of the cadastre developed under subsection (b)(2) shall be (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 ( 43 U.S.C. 2801 (2) subject to the requirements of that Act. (e) Effect Nothing in this section (1) creates any substantive or procedural right or benefit; or (2) requires or authorizes (A) any new surveying or mapping of Federal real property; (B) the evaluation of any parcel of land or other real property for potential management by a non-Federal entity; (C) the disposal of any Federal real property; or (D) any new appraisal or assessment of (i) the value of any parcel of Federal land or other real property; or (ii) the cultural and archaeological resources on any parcel of Federal land or other real property. ( Pub. L. 117328, div. DD, title I,  103 Dec. 29, 2022 136 Stat. 5576  Editorial Notes  References in Text The Federal Property Management Reform Act of 2016, referred to in subsec. (b)(4)(A)(iii), is Pub. L. 114318,  1 Dec. 16, 2016 130 Stat. 1608 section 1303 of Title 40 section 101 of Title 40 The Federal Land Policy and Management Act of 1976, referred to in subsec. (c)(2), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 1701 of this title The Geospatial Data Act of 2018 and that Act, referred to in subsec. (d), is subtitle F ( 751759C) of title VII of div. B of Pub. L. 115254 Oct. 5, 2018 132 Stat. 3413 section 2801 of this title Statutory Notes and Related Subsidiaries Definition of Secretary Pub. L. 117328, div. DD,  1 Dec. 29, 2022 136 Stat. 5574 In this division [see Tables for classification], the term Secretary means the Secretary of the Interior. CHAPTER 19 BOUNTY LANDS  Statutory Notes and Related Subsidiaries Repeals; Rights Saved; Authorization To Purchase and Cancel Unsatisfied Warrants; Procedure; Limitations; Rights of Transferees; Funds for Payments Pub. L. 87558 July 27, 1962 76 Stat. 246  That sections 457, 473, and 24142446, inclusive, of the Revised Statutes, as amended [sections 782, 785, 791 to 808, and 821 to 835 of this title], and the Act of December 13, 1894 28 Stat. 594 section 783 of this title December 13, 1894 Sec. 2. The Secretary of the Interior is hereby authorized and directed to purchase at the rate of $1.25 per acre from the holders thereof and to cancel all valid unsatisfied military bounty land warrants which were issued pursuant to the laws repealed by section 1 of this Act and which are recorded with the Secretary pursuant to, and under the terms and conditions of, the Act of August 5, 1955 69 Stat. 534 section 274 of this title Provided Sec. 3. Payments under section 2 of this Act shall be made out of any appropriated funds available to the Secretary of the Interior for expenditure by him.  781. Repealed. June 29, 1936, ch. 867 49 Stat. 2033   Section, R.S.  4744; acts July 25, 1882, ch. 349,  2 22 Stat. 175 July 3, 1930, ch. 863,  2 46 Stat. 1016  782, 783. Repealed. Pub. L. 87558,  1 July 27, 1962 76 Stat. 246   Section 782, R.S.  2442; act July 3, 1930, ch. 863,  2 46 Stat. 1016 section 829 of this title  Section 783, act Dec. 13, 1894, ch. 3 28 Stat. 594  784. Repealed. Pub. L. 8556, title XXII,  2202(1) June 17, 1957 71 Stat. 162   Section, R.S.  471; act July 3, 1930, ch. 863,  2 46 Stat. 1016 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal by Pub. L. 8556 Jan. 1, 1958  785. Repealed. Pub. L. 87558,  1 July 27, 1962 76 Stat. 246   Section, R.S.  4748; act July 3, 1930, ch. 863 46 Stat. 1016  786. Repealed. Pub. L. 8556, title XXII,  2202(1) June 17, 1957 71 Stat. 162   Section, R.S.  4748; act July 3, 1930, ch. 863 46 Stat. 1016 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal by Pub. L. 8556 Jan. 1, 1958  787. Repealed. June 25, 1948, ch. 645,  21 62 Stat. 862   Section, R.S.  4746, 4766; acts July 7, 1898, ch. 578 30 Stat. 718 Aug. 17, 1912, ch. 301,  1 37 Stat. 312 July 3, 1930, ch. 863,  2 46 Stat. 1016 section 289 of Title 18 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal by act June 25, 1948 Sept. 1, 1948  791 to 808. Repealed. Pub. L. 87558,  1 July 27, 1962 76 Stat. 246   Section 791, R.S.  2418, related to issuance of certificates or land bounty warrants or, at option of Treasury, script for certain amounts for service in the War of 1812 or in any of Indian wars since 1790 and prior to Mar. 3, 1850  Section 792, R.S.  2419, related to entry into service after commencement of Mexican War.  Section 793, R.S.  2420, related to militia, volunteers, and State troops in service between June 18, 1812 Mar. 22, 1852  Section 794, R.S.  2421, prohibited benefits under sections 791 to 793 of this title if the person received, or was entitled to receive, any military land bounty under any Act passed prior to Mar. 22, 1852  Section 795, R.S.  2422, added any period of captivity to actual service in computing service, for purposes of sections 791 to 793 of this title.  Section 796, R.S.  2424, related to rights of widows of persons entitled to benefits.  Section 797, R.S.  2428, related to widows and children of persons entitled to benefits under section 800 of this title  Section 798, R.S.  2429, related to effect of subsequent marriage of widow.  Section 799, R.S.  2430, related to age of minors within intent of section 797 of this title  Section 800, R.S.  2425, related to equalization of bounties at 160 acres.  Section 801, R.S.  2426, enumerated classes of persons whose right was dependent on length of service.  Section 802, R.S.  2427, enumerated classes of persons whose right was independent of length of service.  Section 803, R.S.  2431; act July 3, 1930, ch. 863,  2 46 Stat. 1016  Section 804, R.S.  2432; act July 3, 1930, ch. 863,  2 46 Stat. 1016  Section 805, R.S.  2433, related to allowance for travel time in computing length of service.  Section 806, R.S.  2434, extended provisions of bounty land laws to Indians.  Section 807, R.S.  2435; act July 3, 1930, ch. 863,  2 46 Stat. 1016  Section 808, R.S.  2438, denied deserters a right to land bounties.  821 to 835. Repealed. Pub. L. 87558,  1 July 27, 1962 76 Stat. 246   Section 821, R.S.  2414, related to assignment of warrants and locations.  For savings provisions affecting this section, see Pub. L. 87558,  1 July 27, 1962 76 Stat. 246 section 781 of this title  Section 822, R.S.  2436, related to effect of certain written instruments affecting title to warrants prior to issuance of warrants.  Section 823, R.S.  2415, related to location of warrants, and to the payment of any excess value over minimum price.  Section 824, R.S.  2416, related to entry under warrants for services in Revolutionary War and in War of 1812.  Section 825, R.S.  2417, related to time for location of warrants for services in Revolutionary War and War of 1812.  Section 826, R.S.  2437, related to location of warrants free of expense.  Section 827, R.S.  2423, related to issuance of a patent on return of a warrant.  Section 828, R.S.  2439, permitted issuance of a patent notwithstanding loss of a warrant.  Section 829, R.S.  2441, related to assignment of a lost warrant.  Section 830, R.S.  2440, related to loss of or failure to issue a certificate of honorable discharge.  Section 831, R.S.  2443, related to mode of issuing patents to heirs of soldiers entitled to warrants.  Section 832, R.S.  2444; act July 3, 1930, ch. 863,  1 46 Stat. 1016  For savings provisions affecting this section, see Pub. L. 87558,  1 July 27, 1962 76 Stat. 246 section 781 of this title  Section 833, R.S.  2445, related to right of legal representatives to file proofs for warrants.  Section 834, R.S.  2446, related to relocation of warrants in case of error.  Section 835, R.S.  457, related to issuance and recording of warrants.  841. Repealed. June 25, 1948, ch. 645,  21 62 Stat. 862   Section, act May 21, 1872, ch. 178 17 Stat. 137 section 290 of Title 18 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1948 June 25, 1948  842 to 844. Repealed. June 17, 1957 Pub. L. 8556, title XXII,  2202(1) 71 Stat. 162   Section 842, R.S.  4785; acts July 4, 1884, ch. 181,  3 23 Stat. 99 July 3, 1930, ch. 863,  2 46 Stat. 1016  Section 843, R.S.  5485, related to punishment of agents or attorneys who contract for, demand, or receive greater compensation than $25 provided for in section 842 of this title  Section 844, R.S.  4786; acts July 4, 1884, ch. 181,  4 23 Stat. 99 July 3, 1930, ch. 863,  2 46 Stat. 1016  Sections 842, 843 and 844 were based on provisions of R.S.  4785, 5485, and 4786, respectively, which related to bounty lands. Provisions of R.S.  4785, 5485, and 4786 which related to pensions were previously classified to sections 111, 112 and 114 of former Title 38, Pensions, Bonuses, and Veterans Relief, and were repealed by Pub. L. 8556, title XXII,  2202(1) June 17, 1957 71 Stat. 162 CHAPTER 20 RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES    Sec.  851. Deficiencies in grants to State by reason of settlements, etc., on designated sections generally.  852. Selections to supply deficiencies of school lands.  852a. Applications for unsurveyed lands; regulations; acreage requirements.  852b. Survey of lands prior to transfer; time for survey; availability of funds; lands suitable for transfer.  853. Selections in Utah to supply deficiencies of school lands.  854. Selections in New Mexico to supply deficiencies of school lands.  855. Omitted.  856. Selection of school lands on ceded Indian reservations.  857. Grant to new States.  858. Grants to counties for seats of justice.  859. Fee simple to pass in all grants.  860. Repealed.  861. Preference right of selection granted certain Western States; bona fide settlers.  862. Omitted.  863. Survey of lands granted to certain Western States.  864. Survey of land grants to Florida.  865. Confirmation of certain lands selected by California.  866. Exchange of cut over land in Montana.  867. Omitted.  868. Representation of Indian claimants in suits to determine right to school lands.  869. Disposal of lands for public or recreational purposes.  8691. Sale or lease to State or nonprofit organization; reservation of mineral deposits; termination of lease for nonuse.  8692. Conditions of transfer by grantee; solid waste disposal.  8693. Authority for transfers; applicability of section 8692 to prior patents; termination of restrictions.  8694. Disposition of moneys received from or on account of revested Oregon and California Railroad grant lands or reconveyed Coos Bay Wagon Road grant lands.  869a. Repealed.  870. Grants of land in aid of common or public schools; extension to those mineral in character; effect of leases.  871. Certain grants and laws unaffected.  871a. Repealed.  872. Conveyances to United States in connection with applications for amendment of patented entries or for exchange of land, etc.; withdrawal or rejection of applications; reconveyances.  873. Lands granted for erecting public buildings; purpose of grant.  851. Deficiencies in grants to State by reason of settlements, etc., on designated sections generally  Where settlements with a view to preemption or homestead have been, or shall hereafter be made, before the survey of the lands in the field, which are found to have been made on sections sixteen or thirty-six, those sections shall be subject to the claims of such settlers; and if such sections or either of them have been or shall be granted, reserved, or pledged for the use of schools or colleges in the State in which they lie, other lands of equal acreage are hereby appropriated and granted, and may be selected, in accordance with the provisions of section 852 of this title section 852 of this title Provided section 852 of this title Provided, however (R.S.  2275; Feb. 28, 1891, ch. 384 26 Stat. 796 Pub. L. 85771,  1 Aug. 27, 1958 72 Stat. 928 Pub. L. 89470,  1 June 24, 1966 80 Stat. 220  Editorial Notes Codification R.S.  2275 derived from acts Feb. 26, 1859, ch. 58 11 Stat. 385 June 22, 1874, ch. 422 18 Stat. 202 Amendments 1966 Pub. L. 89470 1958 Pub. L. 85771 section 852 of this title February 28, 1891  852. Selections to supply deficiencies of school lands (a) Restrictions The lands appropriated by section 851 of this title (1) No lands mineral in character may be selected by a State except to the extent that the selection is being made as indemnity for mineral lands lost to the State because of appropriation before title could pass to the State; (2) No lands on a known geologic structure of a producing oil or gas field may be selected except to the extent that the selection is being made as indemnity for lands on such a structure lost to the State because of appropriation before title could pass to the State; and (3) Land subject to a mineral lease or permit may be selected if none of the land subject to that lease or permit is in a producing or producible status, subject, however, to the restrictions and conditions of the preceding and following paragraphs of this subsection. (4) If a selection is consummated as to a portion but not all of the lands subject to any mineral lease or permit, then, as to such portion and for so long only as such lease or permit or any lease issued pursuant to such permit shall remain in effect, there shall be automatically reserved to the United States the mineral or minerals for which the lease or permit was issued, together with such further rights as may be necessary for the full and complete enjoyment of all rights, privileges and benefits under or with respect to the lease or permit: Provided, however (5) If a selection is consummated as to all of the lands subject to any mineral lease or permit or if, where the selecting State has previously acquired title to a portion of the lands subject to a mineral lease or permit, a selection is consummated as to all of the remaining lands subject to that lease or permit, then and upon condition that the United States shall retain all rents and royalties theretofore paid and that the lessee or permittee shall have and may enjoy under and with respect to that lease or permit all the rights, privileges, and benefits which he would have had or might have enjoyed had the selection not been made and approved, the State shall succeed to all the rights of the United States under the lease or permit as to the mineral or minerals covered thereby, subject, however, to all obligations of the United States under and with respect to that lease or permit. (b) Adjustments Where the selections are to compensate for deficiencies of school lands in fractional townships, such selections shall be made in accordance with the following principles of adjustment, to wit: For each township, or fractional township, containing a greater quantity of land than three-quarters of an entire township, one section; for a fractional township, containing a greater quantity of land than one-half, and not more than three-quarters of a township, three-quarters of a section; for a fractional township, containing a greater quantity of land than one-quarter, and not more than one-half of a township, one-half section; and for a fractional township containing a greater quantity of land than one entire section, and not more than one-quarter of a township, one-quarter section of land: Provided (c) Preference rights for State Notwithstanding the provisions of section 282 1 1 1 (d) Unappropriated public lands defined; determination of mineral character of land (1) The term unappropriated public lands as used in this section shall include, without otherwise affecting the meaning thereof, lands withdrawn for coal, phosphate, nitrate, potash, oil, gas, asphaltic minerals, oil shale, sodium, and sulphur, but otherwise subject to appropriation, location, selection, entry, or purchase under the nonmineral laws of the United States; lands withdrawn by Executive Order Numbered 5327, of April 15, 1930 (2) The determination, for the purposes of this section of the mineral character of lands lost to a State shall be made as of the date of application for selection and upon the basis of the best evidence available at that time. (R.S.  2276; Feb. 28, 1891, ch. 384 26 Stat. 797 Pub. L. 85771,  2 Aug. 27, 1958 72 Stat. 928 Pub. L. 86786 Sept. 14, 1960 74 Stat. 1024 Pub. L. 89470,  2 June 24, 1966 80 Stat. 220  Editorial Notes  References in Text Section 282 of this title Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Date of approval of this Act, referred to in subsec. (c), probably means date of approval of Pub. L. 85771 Aug. 27, 1958 Codification R.S.  2276 derived from acts May 20, 1826, ch. 83,  1 4 Stat. 179 Feb. 26, 1859, ch. 58 11 Stat. 385 June 22, 1874, ch. 422 18 Stat. 202 Amendments 1966 Pub. L. 89470 1960Subsec. (a). Pub. L. 86786,  1 Subsec. (d)(1). Pub. L. 86786,  2 1958 Pub. L. 85771 Statutory Notes and Related Subsidiaries University of Alaska; Grantee of Lands, Improvements, and Personal Property of Alaska Agricultural Experiment Station Pub. L. 102415,  9 Oct. 14, 1992 106 Stat. 2114  Notwithstanding any other provision of law, the Secretary of the Interior shall convey to the University of Alaska, by quitclaim deed and without consideration, all the right, title, and interest of the United States in and to (1) the lands of the University of Alaska Agricultural Experiment Station, consisting of approximately 16 acres, including improvements on the lands, located at Palmer and Matanuska, Alaska; and (2) the lands of the University of Alaska Fur Farm Experiment Station, consisting of approximately 37 acres, including improvements on the lands, located at Petersburg, Alaska, subject to the terms of (A) the lease between the Forest Service and the University of Alaska dated March 29, 1978 (B) the agreement between the parties listed in subparagraph (A) dated March 2, 1983 Pub. L. 89620 Oct. 4, 1966 80 Stat. 871 University of Alaska; Additional Land Grant for Agricultural College and School of Mines; Conditions and Limitation Pub. L. 108452, title I,  105(a) Dec. 10, 2004 118 Stat. 3579 As of January 1, 2003 January 21, 1929 45 Stat. 1091 Act Jan. 21, 1929, ch. 92 45 Stat. 1091 July 12, 1960 Pub. L. 86620 74 Stat. 408 Sept. 19, 1966 Pub. L. 89588 80 Stat. 811 Pub. L. 108452, title I,  105(b) Dec. 10, 2004 118 Stat. 3579  That in addition to the provision made by the Act of Congress approved March 4, 1915 section 353 of Title 48 Sec. 2. That the college and school provided for in this act shall forever remain under the exclusive control of the said State, and no part of the proceeds arising from the sale or disposal of any lands granted herein shall be used for the support of any sectarian or denominational college or school. Sec. 3. (a) The State of Alaska (referred to in this Act as the State), acting on behalf of, and with the approval of, the University of Alaska, may select (1) any mineral interest (including an interest in oil or gas) in land located in the State, the unreserved portion of which is owned by the University of Alaska; or (2) any reversionary interest held by the United States in land located in the State, the unreserved portion of which is owned by the University of Alaska. (b) The total acreage of any parcel of land for which a partial interest is conveyed under subsection (a) shall be charged against the remaining entitlement of the State under this Act. (c) In taking title to a reversionary interest, the State, with the approval of the University of Alaska, waives all right to any future acreage credit if the reversion does not occur. Sec. 4. The Secretary may survey any vacant, unappropriated, and unreserved land in the State for purposes of allowing selections under this Act. Sec. 5. The authorized outstanding selections under this Act shall be not more than (1) 125 percent of the remaining entitlement; plus (2) the number of acres of land that are in conflict with land owned by the University of Alaska, as identified in Native allotment applications on record with the Bureau of Land Management. University of Alaska; Site for Agricultural College and School of Mines Act Mar. 4, 1915, ch. 181,  2 38 Stat. 1215 That section numbered 6 in township numbered one south of the Fairbanks base line and range numbered one west of the Fairbanks meridian; section numbered thirty-one, in township numbered one north of the Fairbanks base line and range numbered one west of the Fairbanks meridian; section numbered one, in township numbered one south of the Fairbanks base line and range numbered two west of the Fairbanks meridian; and section numbered thirty-six, in township numbered one north of the Fairbanks base line and range numbered two west of the Fairbanks meridian, are granted to the Territory of Alaska, but with the express condition that they shall be forever reserved and dedicated to use as a site for an agricultural college and school of mines: Provided section 353 of Title 48 Mar. 4, 1915 Provided further Mar. 4, 1915  852a. Applications for unsurveyed lands; regulations; acreage requirements  The Secretary of the Interior may issue regulations governing applications for unsurveyed lands. If he establishes any minimum acreage requirements, they shall provide for selection of tracts of reasonable size, taking into consideration location, terrain, and adjacent land ownership and uses. ( Pub. L. 89470,  3 June 24, 1966 80 Stat. 220  852b. Survey of lands prior to transfer; time for survey; availability of funds; lands suitable for transfer  Prior to issuance of an instrument of transfer, lands must be surveyed. The Secretary of the Interior shall within five years, subject to the availability of funds, survey the exterior boundaries of lands approved as suitable for transfer to the State. ( Pub. L. 89470,  4 June 24, 1966 80 Stat. 220  853. Selections in Utah to supply deficiencies of school lands  All the provisions of sections 851 and 852 of this title, which provide for the selection of lands for educational purposes in lieu of those appropriated for other purposes, are made applicable to the State of Utah, and the grant of school lands to said State, including sections 2 and 32 in each township, and indemnity therefor, shall be administered and adjusted in accordance with the provisions of said sections, anything in the Act approved July 16, 1894 Wherever the words sections 16 and 36 occur in said sections, the same as applicable to the State of Utah shall read: sections 2, 16, 32, and 36, and wherever the words sixteenth and thirty-sixth sections occur the same shall read: second, sixteenth, thirty-second, and thirty-sixth sections, and wherever the words sections 16 or 36 occur the same shall read: sections 2, 16, 32, or 36, and wherever the words two sections occur the same shall read four sections. ( May 3, 1902, ch. 683 32 Stat. 188  Editorial Notes  References in Text Act approved July 16, 1894 act July 16, 1894, ch. 138 28 Stat. 107  854. Selections in New Mexico to supply deficiencies of school lands  All the provisions of sections 851 and 852 of this title are made applicable to New Mexico, and the grant of school lands to said State, and indemnity therefor, shall be administered and adjusted in accordance with the provisions of such sections, anything in the Act of Congress approved June 21, 1898 ( Mar. 16, 1908, ch. 88 35 Stat. 44  Editorial Notes  References in Text Act of Congress approved June 21, 1898 act June 21, 1898, ch. 489 30 Stat. 484 References to Territory of New Mexico were superseded by the admission of New Mexico into the Union by act June 30, 1910, ch. 310 36 Stat. 557 Aug. 21, 1911 37 Stat. 39  855. Omitted  Editorial Notes Codification Section, act Mar. 2, 1923, ch. 184 42 Stat. 1429  856. Selection of school lands on ceded Indian reservations  Any State or Territory entitled to indemnity school lands or entitled to select lands for educational purposes under law existing prior to March 2, 1895 ( Mar. 2, 1895, ch. 188,  1 28 Stat. 899  857. Grant to new States  There is granted, for purposes of internal improvement, to each new State admitted into the Union, after September 4, 1841 The selections of lands, granted in this section, shall be made within the limits of each State so admitted into the Union, in such manner as the legislatures thereof, respectively, may direct; and such lands shall be located in parcels conformably to sectional divisions and subdivisions of not less than three hundred and twenty acres in any one location, on any public land not reserved from sale by law of Congress or by proclamation of the President. The locations may be made at any time after the public lands in any such new State have been surveyed according to law. (R.S.  2378, 2379.)  Editorial Notes Codification R.S.  2378, 2379 derived from act Sept. 4, 1841, ch. 16,  8 5 Stat. 455 Statutory Notes and Related Subsidiaries Grants Not To Extend to Alaska Land grant under Alaska Statehood provisions in lieu of grant of land under this section (declared not to extend to Alaska), see section 6( l Pub. L. 85508 section 21 of Title 48 Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  858. Grants to counties for seats of justice  There shall be granted to the several counties or parishes of each State and Territory, where there are public lands, at the minimum price for which public lands of the United States are sold, the right of preemption to one quarter section of land, in each of the counties or parishes, in trust for such counties or parishes, respectively, for the establishment of seats of justice therein; but the proceeds of the sale of each of such quarter section shall be appropriated for the purpose of erecting public buildings in the county or parish for which it is located, after deducting therefrom the amount originally paid for the same. And the seat of justice for such counties or parishes, respectively, shall be fixed previously to a sale of the adjoining lands within the county or parish for which the same is located. (R.S.  2286.)  Editorial Notes Codification R.S.  2286 derived from act May 26, 1824, ch. 169,  1 4 Stat. 50  859. Fee simple to pass in all grants  Where lands have been or may hereafter be granted by any law of Congress to any one of the several States and Territories, and where such law does not convey the fee-simple title of the lands, or require patents to be issued therefor, the list of such lands which have been or may hereafter be certified by the Secretary of the Interior or such officer as he may designate, under the seal of his office, either as originals or copies of the originals or records shall be regarded as conveying the fee simple of all the lands embraced in such lists that are of the character contemplated by such Act of Congress, and intended to be granted thereby, but where lands embraced in such lists are not of the character embraced by such Acts of Congress, and are not intended to be granted thereby, the lists, so far as these lands are concerned, shall be perfectly null and void, and no right, title, claim, or interest shall be conveyed thereby. (R.S.  2449; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  2449 derived from acts Aug. 3, 1854, ch. 201 10 Stat. 346 Mar. 3, 1875, ch. 139,  8 18 Stat. 475 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 64 Stat. 1262 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  860. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section, act Feb. 27, 1913, ch. 85 37 Stat. 687  861. Preference right of selection granted certain Western States; bona fide settlers  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 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 act Feb. 22, 1889, ch. 180 25 Stat. 676  862. Omitted  Editorial Notes Codification Section, act June 18, 1874, ch. 305 18 Stat. 80 June 18, 1874  863. Survey of lands granted to certain Western States  It shall be lawful for the Governors of the States of Washington, Idaho, Montana, North Dakota, South Dakota, Utah, and Wyoming to apply to the Secretary of the Interior or such officer as he may designate for the survey of any township or townships of public land then remaining unsurveyed in any of the several surveying districts, with a view to satisfy the public land grants made by the several Acts admitting the said States into the Union to the extent of the full quantity of land called for thereby; and upon the application of said governors the Secretary or such officer shall proceed to immediately notify such officer as may be designated by the Secretary of the application made by the governor of any of the said States of the application made for the withdrawal of said lands, and the officer so designated shall proceed to have the survey or surveys so applied for made, as in the cases of surveys of public lands; and the lands that may be found to fall within the limits of such township or townships, as ascertained by the survey, shall be reserved upon the filing of the application for survey from any adverse appropriation by settlement or otherwise except under rights that may be found to exist of prior inception, for a period to extend from such application for survey until the expiration of sixty days from the date of the filing of the township plat of survey in the proper district land office, during which period of sixty days the State may select any of such lands not embraced in any valid adverse claim, for the satisfaction of such grants, with the condition, however, that the governor of the State, within thirty days from the date of such filing of the application for survey, shall cause a notice to be published, which publication shall be continued for thirty days from the first publication, in some newspaper of general circulation in the vicinity of the lands likely to be embraced in such township or townships, giving notice to all parties interested of the fact of such application for survey and the exclusive right of selection by the State for the aforesaid period of sixty days as herein provided for; and after the expiration of such period of sixty days any lands which may remain unselected by the State, and not otherwise appropriated according to law, shall be subject to disposal under general laws as other public lands: And provided further ( Aug. 18, 1894, ch. 301 28 Stat. 394 Mar. 3, 1925, ch. 462 43 Stat. 1144 June 26, 1934, ch. 756,  22 48 Stat. 1236 July 16, 1946 60 Stat. 1100  Editorial Notes Amendments 1934Act June 26, 1934 Statutory Notes and Related Subsidiaries  Abolition of Office of Surveyor General and Transfer of Functions Act Mar. 3, 1925 Repeals Act June 26, 1934, ch. 756,  22 48 Stat. 1236 Pub. L. 97258,  5(b) Sept. 13, 1982 96 Stat. 1074 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 64 Stat. 1262 section 1451 of this title First and third references to Commissioner of the General Land Office changed to Secretary of the Interior or such officer as he may designate; second such reference changed to Secretary or such officer; and the two references to Supervisor of Surveys changed to such officer as may be designated by the Secretary and the officer so designated, respectively, all on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  864. Survey of land grants to Florida  It shall be lawful for the properly credited agent or official of the State of Florida having in charge the adjustment of its school grant to apply to the Secretary of the Interior, or such officer as he may designate, for the survey of any townships or parts of townships of public land unsurveyed in any of the surveying districts of said State, with a view to satisfy the grant in aid of schools made to said State of Florida to the extent of the full quantity of land called for thereby; and upon the application of said agent or official, the Secretary or such officer as he may designate shall proceed to have the survey or surveys so applied for made, as in the case of surveys of other public lands; and the lands that may be found to fall within the limits of such townships or parts of townships as ascertained by the survey shall be reserved, upon the filing of the application for survey from any adverse appropriation by settlement or otherwise, except under rights that may be found to exist of prior inception, for a period to extend from such application for survey until the expiration of sixty days from date of filing of the township plat of survey in the proper district land office, which period of sixty days the State may select any of such lands not embraced in any valid adverse claim for the satisfaction of its school grant, as aforesaid, with the condition, however, that the agent or official of the State, within thirty days from the date of such filing of the application for survey, shall cause a notice to be published, which publication shall be continued for thirty days from date of first publication in some newspaper of general circulation in the vicinity of the lands likely to be embraced in such townships or parts of townships giving notice to all parties interested of the fact of such application for survey and the exclusive right of selection by the State for the aforesaid period of sixty days as herein provided for, and after the expiration of such sixty days any lands which may remain unselected by the State and not otherwise appropriated according to law shall be subject to disposal under general laws as other public lands: Provided Provided further ( Feb. 16, 1921, ch. 60 41 Stat. 1103 July 16, 1946 60 Stat. 1100  Editorial Notes  References in Text The Swamp Land Act of 1850, referred to in text, is act Sept. 28, 1850, ch. 84 9 Stat. 519 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 64 Stat. 1262 section 1451 of this title First reference to Commissioner of the General Land Office changed to Secretary of the Interior, or such officer as he may designate,, and remaining three such references changed to Secretary or such officer as he may designate, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  865. Confirmation of certain lands selected by California  All selections of any portion of the public domain, to which, prior to July 23, 1866 Provided, however When selections named in the above paragraph have been made upon lands already surveyed by authority of the United States, the authorities of said States, where the same has not been already done, shall notify the officer, as the Secretary of the Interior may designate, of the land office, for the district in which the land is situated, which notice shall be regarded as the date of the State selection; and the said officers, as the Secretary may designate, of the several land offices, after investigation and decision, shall, under the instruction of the Secretary of the Interior, or such officer as he may designate, forward all such selections to the Bureau of Land Management, and the Secretary or such officer shall certify the same over to the State in the usual manner. When the State of California has made such selections from the lands not surveyed by the authority of the United States, but which selections have been surveyed by the authority of said State, and the land sold to purchasers in good faith, under the laws of the State, such selections, from said 23d of July, 1866, when marked off and designated in the field, shall have the same force and effect as the preemption rights of a settler upon unsurveyed public lands; and if upon a survey of such lands by the United States, the lines of the two surveys shall be found not to agree, the selection shall be so changed as to include those legal subdivisions which nearest conform to the identical land included in the State survey and selection. Upon filing with the officer as the Secretary of the Interior may designate of the proper United States land office of the township plat, in which any such selection of unsurveyed land is located, the holder of the State title shall be allowed the same time to present and prove up his purchase and claim as was allowed preemptors under existing laws, and if found in accordance with the law the land embraced therein shall be certified over to the State by the Secretary of the Interior or such officer as he may designate. (R.S.  24852487; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  2485 derived from acts July 23, 1866, ch. 219,  1 14 Stat. 218 Mar. 3, 1875, ch. 139,  7 18 Stat. 475 act July 23, 1866, ch. 219,  23 14 Stat. 219 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 64 Stat. 1262 section 1451 of this title In second par., register of the land office, changed to officer, as the Secretary of the Interior may designate, of the land office,; registers of the several land offices, changed to officers, as the Secretary may designate, of the several land offices,; first reference to Commissioner of the General Land Office changed to Secretary of the Interior, or such officer as he may designate,; Bureau of Land Management substituted for General Land Office; and second reference to Commissioner of the General Land Office changed to Secretary or such officer, on authority of section 403 of Reorg. Plan No. 3 of 1946. In third par., register changed to officer as the Secretary of the Interior may designate, and Commissioner of the General Land Office changed to Secretary of the Interior or such officer as he may designate, on authority of that plan. See note set out under section 1 of this title  866. Exchange of cut over land in Montana  Tracts of timbered lands prior to February 14, 1923 ( Feb. 14, 1923, ch. 74 42 Stat. 1245  Editorial Notes  References in Text The enabling act of Montana, referred to in text, is act Feb. 22, 1889, ch. 180 25 Stat. 676  867. Omitted  Editorial Notes Codification Section, R.S.  2377; act June 20, 1874, ch. 330 18 Stat. 111 section 829 of this title  868. Representation of Indian claimants in suits to determine right to school lands  In any suit instituted in the Supreme Court of the United States to determine the right of a State to what are commonly known as school lands within any Indian Reservation or any Indian cession where an Indian tribe claims any right to or interest in the lands in controversy, or in the disposition thereof by the United States, the right of such State may be fully tested and determined without making the Indian tribe, or any portion thereof, a party to the suit if the Secretary of the Interior is made a party thereto; and the duty of representing and defending the right or interest of the Indian tribe, or any portion thereof, in the matter shall devolve upon the Attorney General upon the request of such Secretary. ( Mar. 2, 1901, ch. 808 31 Stat. 950  869. Disposal of lands for public or recreational purposes (a) Application; conditions; classification; restoration if not applied for The Secretary of the Interior upon application filed by a duly qualified applicant under section 8691 of this title (b) Acreage limitations Conveyances made in any one calendar year shall be limited as follows: (1) For recreational purposes: (A) To any State or the State park agency or any other agency having jurisdiction over the State park system of such State designated by the Governor of that State as its sole representative for acceptance of lands under this provision, hereinafter referred to as the State, or to any political subdivision of such State, six thousand four hundred acres, and such additional acreage as may be needed for small roadside parks and rest sites of not more than ten acres each. (B) To any nonprofit corporation or nonprofit association, six hundred and forty acres. (C) No more than twenty-five thousand six hundred acres may be conveyed for recreational purposes under sections 869 to 8694 of this title in any one State per calendar year. Should any State or political subdivision, however, fail to secure, in any one year, six thousand four hundred acres, not counting lands for small roadside parks and rest sites, conveyances may be made thereafter if pursuant to an application on file with the Secretary of the Interior on or before the last day of said year and to the extent that the conveyance would not have exceeded the limitations of said year. (D) To any federally recognized Indian Tribe, 6,400 acres. (2) For public purposes other than recreation: (A) To any State or agency or instrumentality thereof, for any one program, six hundred and forty acres. (B) To any political subdivision of a State, six hundred and forty acres. (C) To any nonprofit corporation or nonprofit association, six hundred and forty acres. (D) To any federally recognized Indian Tribe, 640 acres. (c) Lands withdrawn in aid of functions of a department, agency, State, etc.; lands excepted from disposal Where the lands have been withdrawn in aid of a function of a Federal department or agency other than the Department of the Interior, or of a State, Territory, county, municipality, water district, or other local governmental subdivision or agency, the Secretary of the Interior may make disposals under sections 869 to 8694 of this title only with the consent of such Federal department or agency, or of such State, Territory, or local governmental unit. Nothing in sections 869 to 8694 of this title shall be construed to apply to lands in any national forest, national park, or national monument, or national wildlife refuge, or to any Indian lands or lands set aside or held for the use or benefit of Indians, including lands over which jurisdiction has been transferred to the Department of the Interior by Executive order for the use of Indians, or, except insofar as sections 869 to 8694 of this title apply to leases of land to States, federally recognized Indian Tribes, and counties and to State, Tribal, Territorial, and Federal instrumentalities and political subdivisions and to municipal corporations, to the revested Oregon and California Railroad grant lands and the reconveyed Coos Bay Wagon Road grant lands in the State of Oregon. Nor shall any disposition be made under sections 869 to 8694 of this title for any use authorized under any other law. ( June 14, 1926, ch. 578,  1 44 Stat. 741 June 4, 1954, ch. 263 68 Stat. 173 Pub. L. 8666,  2 June 23, 1959 73 Stat. 110 Pub. L. 86292,  1 Sept. 21, 1959 73 Stat. 571 Pub. L. 86755 Sept. 13, 1960 74 Stat. 899 Pub. L. 94579, title II,  212(a) Oct. 21, 1976 90 Stat. 2759 Pub. L. 117328, div. DD, title I,  104(a) Dec. 29, 2022 136 Stat. 5580  Editorial Notes Amendments 2022Subsec. (a). Pub. L. 117328,  104(a)(1) Subsec. (b). Pub. L. 117328,  104(a)(2) Subsec. (c). Pub. L. 117328,  104(a)(3) 1976Subsec. (a). Pub. L. 94579,  212(a) Subsec. (b)(1). Pub. L. 94579,  212(b) 1960Subsec. (b)(i)(A). Pub. L. 86755 1959Subsec. (b). Pub. L. 86292 Subsec. (c). Pub. L. 8666 1954Act June 4, 1954 June 14, 1926 section 8691 of this title section 8691 of this title section 8692 of this title section 8692 of this title section 8693 of this title section 8691 of this title Statutory Notes and Related Subsidiaries Effective Date of 1960 Amendment Pub. L. 86755 Sept. 13, 1960 74 Stat. 899 Pub. L. 86755 Sept. 21, 1959 Short Title of 1988 Amendment Pub. L. 100648,  1 Nov. 10, 1988 102 Stat. 3813 This Act [amending section 8692 of this title section 8692 of this title Short Title Act June 14, 1926, ch. 578 44 Stat. 741 Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  8691. Sale or lease to State or nonprofit organization; reservation of mineral deposits; termination of lease for nonuse  The Secretary of the Interior may after due consideration as to the power value of the land, whether or not withdrawn therefor, (a) sell such land to the State, federally recognized Indian Tribe, Territory, county, or other State, Tribal, Territorial, or Federal instrumentality or political subdivision in which the lands are situated, or to a nearby federally recognized Indian Tribe or municipal corporation in the same State or Territory, for the purpose for which the land has been classified, and conveyances of such land for historic-monument purposes or recreational purposes under this section shall be made without monetary consideration, while conveyances for any other purpose under this section shall be made at a price to be fixed by the Secretary of the Interior through appraisal or otherwise, after taking into consideration the purpose for which the lands are to be used, (b) lease such land to the State, federally recognized Indian Tribe, Territory, county, or other State, Tribal, Territorial, or Federal instrumentality or political subdivision in which the lands are situated, or to a nearby federally recognized Indian Tribe or municipal corporation in the same State or Territory, for the purpose for which the land has been classified, at a reasonable annual rental, except that leases of such lands for recreational purposes shall be made without monetary consideration, for a period up to twenty-five years, and, at the discretion of the Secretary, with a privilege of renewal for a like period, (c) sell such land to a nonprofit corporation or nonprofit association, for the purpose for which the land has been classified, at a price to be fixed by the Secretary of the Interior through appraisal, after taking into consideration the purpose for which the lands are to be used, or (d) lease such land to a nonprofit corporation or nonprofit association at a reasonable annual rental, for a period up to twenty years, and, at the discretion of the Secretary, with a privilege of renewal for a like period. Each patent or lease so issued shall contain a reservation to the United States of all mineral deposits in the lands conveyed or leased and of the right to mine and remove the same, under applicable laws and regulations to be established by the Secretary. Each lease shall contain a provision for its termination upon a finding by the Secretary that the land has not been used by the lessee for the purpose specified in the lease for such period, not over five years, as may be specified in the lease, or that such land or any part thereof is being devoted to another use. ( June 14, 1926, ch. 578,  2 June 4, 1954, ch. 263 68 Stat. 174 Pub. L. 89457,  1 June 20, 1966 80 Stat. 210 Pub. L. 94579, title II,  212(c) Oct. 21, 1976 90 Stat. 2760 Pub. L. 117328, div. DD, title I,  104(b) Dec. 29, 2022 136 Stat. 5581  Editorial Notes Prior Provisions Provisions similar to those in this section were formerly contained in section 869 of this title section 869 of this title section 869 of this title Amendments 2022 Pub. L. 117328 1976 Pub. L. 94579 1966 Pub. L. 89457 Statutory Notes and Related Subsidiaries Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Period of Leases Pub. L. 89457,  2 June 20, 1966 80 Stat. 210 Upon application by a lessee holding a lease under the Recreation and Public Purposes Act [sections 869 to 8694 of this title] the Secretary of the Interior may enter into a new lease for a term not to exceed twenty-five years from the date of the new lease.  8692. Conditions of transfer by grantee; solid waste disposal (a) Conditions of transfer by grantee Title to lands conveyed by the Government under sections 869 to 8694 of this title may not be transferred by the grantee or its successor except, with the consent of the Secretary of the Interior, to a transferee which would be a qualified grantee under section 8691(a) or 8691(c) of this title and subject to the acreage limitation contained in section 869(b) of this title (b) New disposal sites (1) Notwithstanding the provisions of subsection (a) of this section, if the Secretary receives an application for conveyance of land under sections 869 to 8694 of this title for the express purpose of solid waste disposal or for another purpose which the Secretary finds may include the disposal, placement, or release of any hazardous substance, the Secretary may convey such land subject only to the provisions of this subsection. (2) Prior to issuance of any conveyance of land under this subsection the Secretary shall investigate the land covered by an application for such conveyance to determine whether or not any hazardous substance is present on such land. Such investigation shall include a review of any available records as to the use of such land and all appropriate analysis of the soil, water and air associated with such land. No land shall be conveyed under this subsection if such investigation indicates that any hazardous substance is present on such land. (3) No application for conveyance under this subsection shall be acted on by the Secretary until the applicant has furnished evidence, satisfactory to the Secretary, that a copy of the application and information concerning the proposed use of the land covered by the application has been provided to the Environmental Protection Agency and to all other State and Federal agencies with responsibility for enforcement of State and Federal laws applicable to lands used for the disposal, placement, or release of solid waste or any hazardous substance. (4) No application for conveyance under this subsection shall be acted on by the Secretary until the applicant has given a warranty that use of the land covered by the application will be consistent with all applicable State and Federal laws, including laws dealing with the disposal, placement, or release of hazardous substances, and that the applicant will hold the United States harmless from any liability that may arise out of any violation of any such law. (5) A conveyance under this subsection shall be made to the extent that the applicant has demonstrated to the Secretary that the land covered by an application meets all applicable State and local requirements and is appropriate in character and reasonable in acreage in order to meet an existing or reasonably anticipated need for solid waste disposal or for another proposed use that the Secretary finds may include the disposal, placement, or release of any hazardous substance. (6) A conveyance under this subsection shall be subject to the following conditions: (A) Except as otherwise provided in subparagraphs (B) and (D) of this paragraph, the document of conveyance shall provide that the lands conveyed under this subsection shall revert to the United States, unless substantially all of the lands have been used, on or before the date five years after the date of conveyance, for the purpose or purposes specified in the application, or for other use or uses authorized under subsection (a) with the consent of the Secretary. (B) In the event that at any time after such conveyance any portion of such lands has not been used for the purpose or purposes specified in the application, and the party to whom such lands were conveyed by the Secretary shall transfer ownership of such unused portion to any other party, the party to whom such lands were conveyed by the Secretary shall be liable to pay the Secretary, on behalf of the United States, the fair market value of such transferred portion as of the date of such transfer, including the value of any improvements thereon. Subject to appropriations, all amounts received by the Secretary under this subparagraph shall be retained by the Secretary and used for the management of public lands and shall remain available until expended. (C) Pricing for conveyances of land under this subsection shall be in accordance with the provisions of section 8691 of this title (D) Each patent issued under this subsection shall specify that no portion of the lands covered by such patent shall under any circumstances revert to the United States if such portion has been used for solid waste disposal or for any other purpose that the Secretary finds may result in the disposal, placement, or release of any hazardous substance. (7) For purposes of this section the term hazardous substance has the same meaning as such term has when used in the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 (c) Existing disposal sites (1) Upon the application or with the concurrence of any party to whom the Secretary, prior to November 10, 1988 (2) Upon the application or with the concurrence of a party to whom the Secretary, prior to November 10, 1988 ( June 14, 1926, ch. 578,  3 June 4, 1954, ch. 263 68 Stat. 175 Pub. L. 86292,  2 Sept. 21, 1959 73 Stat. 571 Pub. L. 100648,  2 Nov. 10, 1988 102 Stat. 3813  Editorial Notes  References in Text The Comprehensive Environmental Response, Compensation, and Liability Act, referred to in subsec. (b)(7), probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. 96510 Dec. 11, 1980 94 Stat. 2767 section 9601 of Title 42 Prior Provisions Prior provisions on the subject of reverter were formerly contained in section 869 of this title Amendments 1988 Pub. L. 100648 1959 Pub. L. 86292 Statutory Notes and Related Subsidiaries Savings Provisions Pub. L. 100648,  3 Nov. 10, 1988 102 Stat. 3815 Nothing in this Act [amending section 8692 of this title 42 U.S.C. 9601 42 U.S.C. 6901 Congressional Review of Conveyance of Land or Renunciation of Reversionary Interests Pub. L. 100648,  4 Nov. 10, 1988 102 Stat. 3815  (a) The Secretary shall not make any conveyance of land or renunciation of reversionary interests under this Act [amending section 8692 of this title July 23, 1992 (b) During the first three years after enactment of this Act [ Nov. 10, 1988  8693. Authority for transfers; applicability of section 8692 to prior patents; termination of restrictions  The Secretary may authorize transfers of title or changes in use in accordance with the provisions of section 8692 of this title ( June 14, 1926, ch. 578,  4 June 4, 1954, ch. 263 68 Stat. 175  8694. Disposition of moneys received from or on account of revested Oregon and California Railroad grant lands or reconveyed Coos Bay Wagon Road grant lands  All moneys received from or on account of any revested Oregon and California Railroad grant lands or reconveyed Coos Bay Wagon Road grant lands under sections 869 to 8694 of this title shall be deposited respectively in the Oregon and California land-grant fund and the Coos Bay Wagon Road grant fund, and shall be applied in the manner prescribed respectively by title II of the Act of August 28, 1937 50 Stat. 875 43 U.S.C. 1181f 1 1 ( June 14, 1926, ch. 578,  6 Pub. L. 8666,  3 June 23, 1959 73 Stat. 111  Editorial Notes  References in Text Act of August 28, 1937 act Aug. 28, 1937, ch. 876 50 Stat. 874 section 2605 of this title section 1181f of this title section 1174 of this title section 2601 of this title  869a. Repealed. Pub. L. 8666,  1 June 23, 1959 73 Stat. 110   Section, act Apr. 13, 1928, ch. 370 45 Stat. 429 section 869 of this title  870. Grants of land in aid of common or public schools; extension to those mineral in character; effect of leases Subject to the provisions of subsections (a), (b), and (c) of this section, the several grants to the States of numbered sections in place for the support or in aid of common or public schools be, and they are, extended to embrace numbered school sections mineral in character, unless land has been granted to and/or selected by and certified or approved, to any such State or States as indemnity or in lieu of any land so granted by numbered sections. (a) The grant of numbered mineral sections under this section shall be of the same effect as prior grants for the numbered nonmineral sections, and titles to such numbered mineral sections shall vest in the States at the time and in the manner and be subject to all the rights of adverse parties recognized by existing law in the grants of numbered nonmineral sections. (b) The additional grant made by this section is upon the express condition that all sales, grants, deeds, or patents for any of the lands so granted shall hereafter be subject to and contain a reservation to the State of all the coal and other minerals in the lands so sold, granted, deeded, or patented, together with the right to prospect for, mine, and remove the same. The coal and other mineral deposits in such lands not heretofore disposed of by the State shall be subject to lease by the State as the State legislature may direct, the proceeds and rentals and royalties therefrom to be utilized for the support or in aid of the common or public schools: Provided (c) Except as provided in subsection (d), any lands included within the limits of existing reservations of or by the United States, or specifically reserved for water-power purposes, or included in any pending suit or proceeding in the courts of the United States, or subject to or included in any valid application, claim, or right initiated or held under any of the existing laws of the United States, unless or until such reservation, application, claim, or right is extinguished, relinquished, or canceled, and all lands in the Territory of Alaska, are excluded from the provisions of this section. (d) (1) Notwithstanding subsection (c), the fact that there is outstanding on any numbered school section, whether or not mineral in character, at the time of its survey a mineral lease or leases entered into by the United States, or an application therefor, shall not prevent the grant of such numbered school section to the State concerned as provided by this section and section 871 of this title (2) Any such numbered school section which has been surveyed prior to July 11, 1956 (3) Any such numbered school section which is surveyed on or after July 11, 1956 (4) The Secretary of the Interior shall, upon application by a State, issue patents to the State for the lands granted by this section and section 871 of this title 1 1 (5) Where at the time rents, royalties, and bonuses accrue the lands or deposits covered by a single lease are owned in part by the State and in part by the United States, the rents, royalties, and bonuses shall be allocated between them in proportion to the acreage in said lease owned by each. (6) As used in this subsection, lease includes permit and lessor includes grantor. ( Jan. 25, 1927, ch. 57,  1 44 Stat. 1026 May 2, 1932, ch. 151,  1 47 Stat. 140 Apr. 22, 1954, ch. 169 68 Stat. 57 July 11, 1956, ch. 572 70 Stat. 529  Editorial Notes  References in Text Section 871a of this title Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792 Amendments 1956Subsec. (d). Act July 11, 1956 1954Subsec. (c). Act Apr. 22, 1954 Subsec. (d). Act Apr. 22, 1954 1932Subsec. (b). Act May 2, 1932 Subsec. (c). Act May 2, 1932 Statutory Notes and Related Subsidiaries Effective Date of 1932 Amendment Act May 2, 1932, ch. 151,  2 47 Stat. 141 This amendatory Act [amending this section] shall take effect as of January 25, 1927 February 28, 1891 26 Stat. 796 May 2, 1932 January 25, 1927 Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  871. Certain grants and laws unaffected  Nothing contained in section 870 of this title January 25, 1927 ( Jan. 25, 1927, ch. 57,  2 44 Stat. 1027  871a. Repealed. Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792   Section, act June 21, 1934, ch. 689 48 Stat. 1185 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  872. Conveyances to United States in connection with applications for amendment of patented entries or for exchange of land, etc.; withdrawal or rejection of applications; reconveyances  Where a conveyance of land has been made or may hereafter be made to the United States in connection with an application for amendment of a patented entry or entries, or an exchange of lands, or for any other purpose, and the application in connection with which the conveyance was made is thereafter withdrawn or rejected, the Secretary of the Interior or such officer as he may designate is authorized and directed, if the deed of conveyance has been recorded, to execute a quitclaim deed of the conveyed land to the party or parties entitled thereto. ( Apr. 28, 1930, ch. 219,  6 46 Stat. 257 July 16, 1946 60 Stat. 1100  Statutory Notes and Executive Documents  Transfer of Functions Functions of Secretary of the Interior under this section, with respect to execution of quitclaim deeds for lands conveyed to United States in connection with exchange transactions involving lands under jurisdiction of Secretary of Agriculture, transferred to Secretary of Agriculture, see Pub. L. 86509 June 11, 1960 74 Stat. 205 section 2201 of Title 7 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 64 Stat. 1262 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  873. Lands granted for erecting public buildings; purpose of grant  In any case in which public lands of the United States have been granted to a State, before May 16, 1958 ( Pub. L. 85411 May 16, 1958 72 Stat. 117 CHAPTER 21 GRANTS IN AID OF RAILROADS AND WAGON ROADS    Sec.  881. Cost of survey of grants to railroads; payment.  882. Surveyed lands taxable notwithstanding lien; provisos.  883. Collection of costs of surveying, etc.; reimbursement of purchaser.  884. Right of forfeiture of railroad grants not affected.  885. Union Pacific Railroad lands.  886. Survey of lands within limits of railroad grants.  887. Deposits for surveys of lands granted to railroads.  888. Selection by railroads of lands in lieu of lands entered subsequent to accrual of rights; title of settlers.  889. Rights of entrymen whose entries had not been admitted to record.  890. Homestead entries on railroad lands prior to withdrawal or after restoration to market confirmed.  891. Abandoned railroad lands; reentry.  892. Entries after expiration of grant.  893. Rights of permissive settlers on railroad lands restored to public domain.  894. Adjustment of land grants to railroads.  895. Cancellation of patents erroneously issued; reconveyance.  896. Erroneous cancellation of bona fide entries corrected.  897. Patents to purchasers from railroads; purchase money.  898. Rights of purchasers from railroads of coterminous lands not within grants.  899. Limitation of quantity to be conveyed.  900. Suits to cancel patents to lands erroneously issued under railroad or wagon-road grants.  901. Claims of bona fide purchasers; establishment of rights.  902. Cancellation; investigation before suit.  903. Relief of settlers on lands granted in aid of wagon roads.  904. Forfeiture of unearned grants; restoration to public domain.  905. Homestead entries on forfeited lands.  906. Purchase by bona fide purchasers from grantees; removal of crops and improvements.  907. Rights of original grantees to forfeited lands.  908. Deposits by railroad companies for costs of surveying and conveying unsurveyed lands granted.  909. Forfeiture of grant on failure to make deposit.  910. Right to extend public surveys over lands granted, and other rights of United States, not affected.  911. Regulations.  912. Disposition of abandoned or forfeited railroad grants.  913. Conveyance by land grant railroads of portions of rights of way to State, county, or municipality.  914. Omitted.  881. Cost of survey of grants to railroads; payment  Before any land granted to any railroad company by the United States shall be conveyed to such company, or any persons entitled thereto under any of the acts incorporating or relating to said company, unless such company is exempted by law from the payment of such cost, there shall first be paid into the Treasury of the United States the cost of surveying, selecting, and conveying the same by the said company or persons in interest. ( July 15, 1870, ch. 292 16 Stat. 305 July 31, 1876, ch. 246 19 Stat. 121  882. Surveyed lands taxable notwithstanding lien; provisos  No lands granted to any railroad corporation by any Act of Congress shall be exempt from taxation by States, Territories, and municipal corporations on account of the lien of the United States upon the same for the costs of surveying, selecting, and conveying the same, or because no patent has been issued therefor; but this provision shall not apply to lands unsurveyed: Provided Provided further Provided further ( July 10, 1886, ch. 764,  1 24 Stat. 143  883. Collection of costs of surveying, etc.; reimbursement of purchaser  If any railroad corporation required by law to pay the costs of surveying, selecting, or conveying any lands granted to such company or for its use and benefit by Act of Congress shall for thirty days neglect or refuse to pay any such costs after demand for payment thereof by the Secretary of the Interior, he shall notify the Attorney General, who shall at once commence proceedings to collect the same. But when any sum shall be collected of such railroad company as costs of surveying, selecting, and conveying any tract of land which shall have been purchased under the provisions of section 882 of this title ( July 10, 1886, ch. 764,  2 24 Stat. 143  884. Right of forfeiture of railroad grants not affected  Sections 882 to 885 of this title shall not affect the right of the Government to declare or enforce a forfeiture of any lands so granted; but all the rights of the United States to said lands or to any interest therein shall be and remain as if said sections had not passed, except as to the lien mentioned in section 882 of this title ( July 10, 1886, ch. 764,  3 24 Stat. 143  885. Union Pacific Railroad lands  The costs of surveying, selecting, and conveying lands granted to the Union Pacific Railroad Company shall become due and payable at and on the demand therefor made by the Secretary of the Interior as provided in section 883 of this title July 2, 1864 July 10, 1886 ( July 10, 1886, ch. 764,  4 24 Stat. 143  Editorial Notes  References in Text Act of July 2, 1864 act July 2, 1864, ch. 216 13 Stat. 357 section 9423 of this title section 83 of Title 45  886. Survey of lands within limits of railroad grants  For the survey of the public lands lying within the limits of land grants made by Congress to aid in the construction of railroads, and the selection therein of such lands as are granted therefor, to enable the Secretary of the Interior to carry out the provisions of section 894 of this title Provided section 881 of this title And provided further Provided Provided And provided further ( Mar. 2, 1895, ch. 189,  1 28 Stat. 937 Pub. L. 96470, title I,  108(b) Oct. 19, 1980 94 Stat. 2239  Editorial Notes Amendments 1980 Pub. L. 96470 Statutory Notes and Related Subsidiaries Appropriations Effective July 1, 1935 act June 26, 1934, ch. 756,  1 48 Stat. 1225  887. Deposits for surveys of lands granted to railroads  When any railroad company claiming a grant of land under any Act of Congress, desiring to secure the survey of any unsurveyed lands within the limits of its grant, shall file an application therefor in writing with such officer as the Secretary of the Interior may designate, and deposit in a proper United States depository to the credit of the United States a sum sufficient to pay for such survey and for the examination thereof pursuant to law and the rules and regulations of the Department of the Interior under the direction of the Secretary of the Interior or such officer as he may designate, it shall thereupon be the duty of the Secretary or such officer, or the Director of the United States Geological Survey, as the case may be, to cause said lands to be surveyed. For any deposits made by any railroad company hereunder, certificates shall be issued, which may be used by such railroad company, its successors or assigns, to the same extent as cash is now allowed in payment of entries of public lands under existing law and regulations for any public lands of the United States in the States where the surveys were made, or for any survey or office fees due the United States from such railroad company on account of surveys of lands within its grant. The Secretary of the Interior shall provide such rules and regulations as may be necessary for carrying out the foregoing provisions. ( Feb. 27, 1899, ch. 205 30 Stat. 892 Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted for Geological Survey in first undesignated paragraph pursuant to provision of title I of Pub. L. 102154 section 31 of this title  Abolition of Office of Surveyor General and Transfer of Functions Act Mar. 3, 1925 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 64 Stat. 1262 section 1451 of this title Supervisor of Surveys, changed to such officer as the Secretary of the Interior may designate, and two references to Commissioner of the General Land Office, changed to Secretary of the Interior or such officer as he may designate, and Secretary or such officer, respectively, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  888. Selection by railroads of lands in lieu of lands entered subsequent to accrual of rights; title of settlers  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 And provided further ( June 22, 1874, ch. 400 18 Stat. 194  889. Rights of entrymen whose entries had not been admitted to record  The privileges granted by section 888 of this title ( Aug. 29, 1890, ch. 819 26 Stat. 369  890. Homestead entries on railroad lands prior to withdrawal or after restoration to market confirmed  All preemption and homestead entries, or entries in compliance with any law of the United States, of the public lands, made in good faith, by actual settlers, upon tracts of land of not more than one hundred and sixty acres each, within the limits of any land grant, prior to the time when notice of the withdrawal of the lands embraced in such grant was received at the local land office of the district in which such lands are situated, or after their restoration to market by order of the Bureau of Land Management, and where the preemption and homestead laws have been complied with, and proper proofs thereof have been made by the parties holding such tracts or parcels, shall be confirmed, and patents for the same shall issue to the parties entitled thereto. ( Apr. 21, 1876, ch. 72,  1 19 Stat. 35 July 16, 1946 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 64 Stat. 1262 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  891. Abandoned railroad lands; reentry  When at the time of such withdrawal as aforesaid, valid preemption or homestead claims existed upon any lands within the limits of any such grants which afterward were abandoned, and, under the decisions and rulings of the Land Department, were reentered by preemption or homestead claimants who have complied with the laws governing preemption or homestead entries, and shall make the proper proofs required under such laws, such entries shall be deemed valid, and patents shall issue therefor to the person entitled thereto. ( Apr. 21, 1876, ch. 72,  2 19 Stat. 35  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 64 Stat. 1262 section 1451 of this title  892. Entries after expiration of grant  All such preemption and homestead entries which may have been made by permission of the Land Department, or in pursuance of the rules and instructions thereof, within the limits of any land grant at a time subsequent to expiration of such grant, shall be deemed valid, and a compliance with the laws and the making of the proof required shall entitle the holder of such claim to a patent therefor. ( Apr. 21, 1876, ch. 72,  3 19 Stat. 36  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 64 Stat. 1262 section 1451 of this title  893. Rights of permissive settlers on railroad lands restored to public domain  All persons who shall have settled and made valuable and permanent improvements upon any odd-numbered section of land within any railroad withdrawal in good faith and with the permission or license of the railroad company for whose benefit the same shall have been made, and with the expectation of purchasing of such company the land so settled upon, which land so settled upon and improved, may, for any cause, be restored to the public domain, and who, at the time of such restoration, may not be entitled to enter and acquire title to such land under the homestead laws of the United States, shall be permitted, at any time within three months after such restoration, and under such rules and regulations as the Secretary of the Interior, or such officer as he may designate, may prescribe, to purchase not to exceed one hundred and sixty acres in extent of the same by legal subdivisions, at the price of $2.50 per acre, and to receive patents therefor. ( Jan. 13, 1881, ch. 19 21 Stat. 315 Mar. 3, 1891, ch. 561 26 Stat. 1095 Mar. 3, 1893, ch. 208 27 Stat. 593 July 16, 1946 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 64 Stat. 1262 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  894. Adjustment of land grants to railroads  The Secretary of the Interior is authorized and directed as of March 3, 1887 ( Mar. 3, 1887, ch. 376,  1 24 Stat. 556  895. Cancellation of patents erroneously issued; reconveyance  If it shall appear, upon the completion of such adjustments, respectively, or sooner, that lands were, from any cause, prior to March 3, 1887 March 3, 1887 ( Mar. 3, 1887, ch. 376,  2 24 Stat. 556  896. Erroneous cancellation of bona fide entries corrected  If, in the adjustment of said grants, it shall appear that the homestead or preemption entry of any bona fide settler has been erroneously canceled on account of any railroad grant or the withdrawal of public lands from market, such settler upon application shall be reinstated in all his rights and allowed to perfect his entry by complying with the public-land laws: Provided And provided also And provided further ( Mar. 3, 1887, ch. 376,  3 24 Stat. 557  897. Patents to purchasers from railroads; purchase money  As to all lands, except those mentioned in section 896 of this title Provided And provided Provided further ( Mar. 3, 1887, ch. 376,  4 24 Stat. 557 Feb. 12, 1896, ch. 18 29 Stat. 6  898. Rights of purchasers from railroads of coterminous lands not within grants  Where any said company shall have sold to citizens of the United States, or to persons who have declared their intention to become such citizens, as a part of its grant, lands not conveyed to or for the use of such company, said lands being the numbered sections prescribed in the grant, and being coterminous with the constructed parts of said road, and where the lands so sold are for any reason excepted from the operation of the grant to said company, it shall be lawful for the bona fide purchaser thereof from said company to make payment to the United States for said lands at the ordinary Government price for like lands, and thereupon patents shall issue therefor to the said bona fide purchaser, his heirs or assigns: Provided Provided further ( Mar. 3, 1887, ch. 376,  5 24 Stat. 557  899. Limitation of quantity to be conveyed  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  900. Suits to cancel patents to lands erroneously issued under railroad or wagon-road grants  Suits by the United States to vacate and annul any patent to lands erroneously issued under a railroad or wagon-road grant shall only be brought within six years after the date of the issuance of such patents. But no patent to any lands held by a bona fide purchaser shall be vacated or annulled, but the right and title of such purchaser is hereby confirmed: Provided ( Mar. 2, 1896, ch. 39,  1 29 Stat. 42  901. Claims of bona fide purchasers; establishment of rights  If any person claiming to be a bona fide purchaser of any lands erroneously patented or certified shall present his claim to the Secretary of the Interior prior to the institution of a suit to cancel a patent or certification, and if it shall appear that he is a bona fide purchaser, the Secretary of the Interior shall request that suit be brought in such case against the patentee, or the corporation, company, person, or association of persons for whose benefit the certification was made, for the value of said land, which in no case shall be more than the minimum Government price thereof, and the title of such claimant shall stand confirmed. An adverse decision by the Secretary of the Interior on the bona fides of such claimant shall not be conclusive of his rights, and if such claimant, or one claiming to be a bona fide purchaser, but who has not submitted his claim to the Secretary of the Interior, is made a party to such suit, and if found by the court to be a bona fide purchaser, the court shall decree a confirmation of the title, and shall render a decree in behalf of the United States against the patentee, corporation, company, person, or association of persons for whose benefit the certification was made for the value of the land as hereinbefore provided. Any bona fide purchaser of lands patented or certified to a railroad company, and who is not made a party to such suit, and who has not submitted his claim to the Secretary of the Interior, may establish his right as such bona fide purchaser in any United States court having jurisdiction of the subject matter, or at his option, as prescribed in sections 896 and 897 of this title. ( Mar. 2, 1896, ch. 39,  2 29 Stat. 43  902. Cancellation; investigation before suit  If at any time prior to the institution of suit by the Attorney General to cancel any patent or certification of lands erroneously patented or certified a claim or statement is presented to the Secretary of the Interior by or on behalf of any person or persons, corporation or corporations, claiming that such person or persons, corporation or corporations, is a bona fide purchaser or are bona fide purchasers of any patented or certified land by deed or contract or otherwise, from or through the original patentee or corporation to which patent or certification was issued, no suit or action shall be brought to cancel or annul the patent or certification for said land until such claim is investigated in said Department of the Interior; and if it shall appear that such person or corporation is a bona fide purchaser as aforesaid, or that such persons or corporations are such bona fide purchasers, then no such suit shall be instituted and the title of such claimant or claimants shall stand confirmed; but the Secretary of the Interior shall request that suit be brought in such case against the patentee, or the corporation, company, person, or association of persons for whose benefit the patent was issued or certification was made for the value of the land as hereinbefore specified. ( Mar. 2, 1896, ch. 39,  3 29 Stat. 43  903. Relief of settlers on lands granted in aid of wagon roads  The provision of section 888 of this title ( July 1, 1902, ch. 1386 32 Stat. 733  904. Forfeiture of unearned grants; restoration to public domain  There is forfeited to the United States, and the United States resumes the title thereto, all lands granted prior to September 29, 1890 Provided September 29, 1890 ( Sept. 29, 1890, ch. 1040,  1 26 Stat. 496  905. Homestead entries on forfeited lands  All persons who, on September 29, 1890 section 904 of this title September 29, 1890 Provided ( Sept. 29, 1890, ch. 1040,  2 26 Stat. 496 Feb. 18, 1891, ch. 244 26 Stat. 764  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 64 Stat. 1262 section 1451 of this title Office of Commissioner of General Land Office abolished and functions transferred to Secretary of the Interior, or that officer as he may designate, by Reorg. Plan No. 3 of 1946,  403, eff. July 16, 1946 60 Stat. 1100 section 1 of this title  906. Purchase by bona fide purchasers from grantees; removal of crops and improvements  In all cases where persons being citizens of the United States, or who have declared their intentions to become such, in accordance with the naturalization laws of the United States, are in possession of any of the lands affected by any such grant and resumed by and restored to the United States, under deed, written contract with, or license from, the State or corporation to which such grant was made, or its assignees, executed prior to January 1, 1888 January 1, 1899 section 905 of this title Provided Provided further And provided further Actual residence upon the lands by persons claiming the right to purchase the same shall not be required where such lands have been fenced, cultivated, or otherwise improved by such claimants, and such persons shall be permitted to purchase two or more tracts of such lands by legal subdivisions, whether contiguous or not, but not exceeding three hundred and twenty acres in the aggregate. Nothing herein contained shall be so construed as to interfere with any adverse claim that may have attached to the lands or any part thereof. ( Sept. 29, 1890, ch. 1040,  3 26 Stat. 496 Feb. 18, 1891, ch. 244 26 Stat. 764 June 25, 1892, ch. 133 27 Stat. 59 Jan. 31, 1893, ch. 54 27 Stat. 427 Dec. 12, 1893, ch. 1 28 Stat. 15 Jan. 23, 1896, ch. 8 29 Stat. 4 Feb. 18, 1897, ch. 250 29 Stat. 535  907. Rights of original grantees to forfeited lands  No lands declared forfeited to the United States by sections 904 to 907 of this title shall by reason of such forfeiture inure to the benefit of any State or corporation to which lands may have been granted by Congress, except as therein otherwise provided; nor shall said sections be construed to enlarge the area of land originally covered by any such grant, or to confer any right upon any State, corporation, or person to lands which were excepted from such grant. Nor shall the moiety of the lands granted to any railroad company on account of a main and a branch line appertaining to uncompleted road, and forfeited by section 904 of this title ( Sept. 29, 1890, ch. 1040,  6 26 Stat. 498  908. Deposits by railroad companies for costs of surveying and conveying unsurveyed lands granted  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 And provided further And provided further ( June 25, 1910, ch. 406,  1 36 Stat. 834 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries Appropriations Effective July 1, 1935 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 64 Stat. 1262 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  909. Forfeiture of grant on failure to make deposit  If any railroad corporation required by law to pay the costs of surveying, selecting, or conveying any lands granted to such corporation, or for its use and benefit, by any Act of Congress, shall, for ninety days from notice or demand by the Secretary of the Interior, as provided by section 908 of this title ( June 25, 1910, ch. 406,  2 36 Stat. 834  910. Right to extend public surveys over lands granted, and other rights of United States, not affected  Sections 908 to 911 of this title shall not affect the right of the Secretary of the Interior to cause the public surveys to be extended over any lands granted to any railroad or corporation by any Act of Congress in the manner on June 25, 1910 Provided ( June 25, 1910, ch. 406,  3 36 Stat. 834  911. Regulations  The Secretary of the Interior shall prescribe such rules and regulations as will be necessary to the carrying out of the provisions of sections 908 to 910 of this title. ( June 25, 1910, ch. 406,  4 36 Stat. 835  912. Disposition of abandoned or forfeited railroad grants  Whenever public lands of the United States have been or may be granted to any railroad company for use as a right of way for its railroad or as sites for railroad structures of any kind, and use and occupancy of said lands for such purposes has ceased or shall hereafter cease, whether by forfeiture or by abandonment by said railroad company declared or decreed by a court of competent jurisdiction or by Act of Congress, then and thereupon all right, title, interest, and estate of the United States in said lands shall, except such part thereof as may be embraced in a public highway legally established within one year after the date of said decree or forfeiture or abandonment be transferred to and vested in any person, firm, or corporation, assigns, or successors in title and interest to whom or to which title of the United States may have been or may be granted, conveying or purporting to convey the whole of the legal subdivision or subdivisions traversed or occupied by such railroad or railroad structures of any kind as aforesaid, except lands within a municipality the title to which, upon forfeiture or abandonment, as herein provided, shall vest in such municipality, and this by virtue of the patent thereto and without the necessity of any other or further conveyance or assurance of any kind or nature whatsoever: Provided March 8, 1922 March 8, 1922 Provided further ( Mar. 8, 1922, ch. 94 42 Stat. 414  913. Conveyance by land grant railroads of portions of rights of way to State, county, or municipality  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 ( May 25, 1920, ch. 197 41 Stat. 621  914. Omitted  Editorial Notes Codification Section, act June 18, 1874, ch. 305 18 Stat. 80 June 18, 1874 CHAPTER 21A FORFEITURE OF NORTHERN PACIFIC RAILROAD INDEMNITY LAND GRANTS  921 to 929. Omitted  Editorial Notes Codification Section 921, act June 25, 1929, ch. 41,  1 46 Stat. 41 Section 922, act June 25, 1929, ch. 41,  2 46 Stat. 42 Section 923, act June 25, 1929, ch. 41,  3 46 Stat. 42 Section 924, act June 25, 1929, ch. 41,  4 46 Stat. 42 Section 925, act June 25, 1929, ch. 41,  5 46 Stat. 42 Section 926, act June 25, 1929, ch. 41,  6 46 Stat. 43 Section 927, act June 25, 1929, ch. 41,  7 46 Stat. 43 Section 928, act June 25, 1929, ch. 41,  8 46 Stat. 44 Section 929, act June 25, 1929, ch. 41,  9 46 Stat. 44 CHAPTER 22 RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS    Sec.  931. Navigable rivers as public highways.  931a. Authority of Attorney General to grant easements and rights-of-way to States, etc.  931b. Repealed.  931c. Permits, leases, or easements; authorization to grant; payment; limitation.  931d. Additional authority of department or agency head.  932 933. Repealed.  934. Right of way through public lands granted to railroads.  935. Several roads through canyons.  936. Condemnation of private land.  937. Filing profile of road; forfeiture of rights.  938. Lands excepted.  939. Alteration, amendment, or repeal.  940. Forfeiture of rights where railroad not constructed in five years after location.  941. Railroad stations on rights of way granted.  942. Omitted.  9421. Rights of way in Alaska; railroad rights of way; reservations; water transportation connections; State title to submerged lands; Federal repossession as trustee; navigable waters defined; posting schedules of rates; changes in rates.  9422. Rights of several roads through canyons.  9423. Condemnation of land.  9424. Filing preliminary survey, map and profile of road.  9425. Filing map and profile of road section; forfeiture of rights; reversion of grant.  9426. Rights of way for Alaskan wagon roads, wire rope, aerial, or other tramways; reservations; filing preliminary survey and map of location; alteration, amendment, repeal, or grant of equal rights; forfeiture of rights; reversion of grant; liens.  9427. Military park, Indian or other reservation.  9428. Reservation of right of alteration, amendment, or repeal; assignment of right of way.  9429. Map location of road.  943. Right of way for railroads; reserved lands in Minnesota.  944. Right of way in Oklahoma and Arizona.  945. Reservation in patents of right of way for ditches or canals.  945a. Compensation for rights-of-way for certain reclamation projects.  945b. Jurisdiction; procedure.  946. Right of way to canal ditch companies and irrigation or drainage districts for irrigation or drainage purposes and operation and maintenance of reservoirs, canals, and laterals.  947. Map; damages to settlers.  948. Application to existing and future canals.  949. Use for canal or ditch only.  950. Right of way to canal and ditch companies for irrigation purposes; additional grants.  951. Right of way for water transportation, domestic purposes, or development of power.  952. Reservoir sites for water for livestock.  953. Declaratory statement as to reservoirs.  954. Survey; map of reservoirs.  955. Amendment, alteration, or repeal.  956. Right of way for tramroads, canals, or reservoirs.  957. Right of way to electric power companies.  958. Rights of way for wagon roads or railroads.  959. Rights of way for electrical plants, etc.  961. Rights-of-way for power and communications facilities.  962. Right of way in Colorado and Wyoming to pipeline companies.  963. Applications for Colorado and Wyoming pipeline right of way.  964. Limit of time for completion of Colorado and Wyoming pipelines; forfeiture.  965. Restriction on use of Colorado and Wyoming pipeline right of way.  966. Right of way in Arkansas to pipe-line companies.  967. Applications for Arkansas pipeline right of way.  968. Restriction on use of Arkansas pipeline right of way.  969. Forfeiture of Arkansas pipeline right of way for nonuser, etc.  970. Forfeiture of Arkansas pipeline right of way for violation of antitrust law.  971. Bathhouses, hotels, etc., adjacent to mineral, medicinal, etc., springs on public lands.  971a. Alaskan lands within highway, telephone, and pipeline withdrawals; disposal; amendment of land description of claim or entry on adjoining lands.  971b. Sale of restored Alaskan lands; preference rights; consent of Federal agency.  971c. Utilization or occupancy of Alaskan easements; consent of agency.  971d. Effect on valid existing Alaskan rights.  971e. Definition of restored Alaskan lands.  975 975g. Repealed.  931. Navigable rivers as public highways  All navigable rivers, within the territory occupied by the public lands, shall remain and be deemed public highways; and, in all cases where the opposite banks of any streams not navigable belong to different persons, the stream and the bed thereof shall become common to both. (R.S.  2476.)  Editorial Notes Codification R.S.  2476 derived from acts May 18, 1796, ch. 29,  9 1 Stat. 468 Mar. 3, 1803, ch. 27,  17 2 Stat. 235  931a. Authority of Attorney General to grant easements and rights-of-way to States, etc.  The Attorney General, whenever he deems it advantageous to the Government and upon such terms and conditions as he deems advisable, is authorized on behalf of the United States to grant to any State, or any agency or political subdivision thereof, easements in and rights-of-way over lands belonging to the United States which are under his supervision and control. Such grant may include the use of such easements or rights-of-way by public utilities to the extent authorized and under the conditions imposed by the laws of such State relating to use of public highways. Such partial, concurrent, or exclusive jurisdiction over the areas covered by such easements or rights-of-way, as the Attorney General deems necessary or desirable, is ceded to such State. The Attorney General is authorized to accept or secure on behalf of the United States from the State in which is situated any land conveyed in exchange for any such easement or right-of-way, such jurisdiction as he may deem necessary or desirable over the land so acquired. ( May 9, 1941, ch. 94 55 Stat. 183  931b. Repealed. Aug. 10, 1956, ch. 1041,  53 70A Stat. 641   Section, act July 24, 1946, ch. 596,  7 60 Stat. 643 section 2668 of Title 10  931c. Permits, leases, or easements; authorization to grant; payment; limitation  The head of any department or agency of the Government of the United States having jurisdiction over public lands and national forests, except national parks and monuments, of the United States is authorized to grant permits, leases, or easements, in return for the payment of a price representing the fair market value of such permit, lease, or easement, to be fixed by such head of such department or agency through appraisal, for a period not to exceed thirty years from the date of any such permit, lease, or easement to States, counties, cities, towns, townships, municipal corporations, or other public agencies for the purpose of constructing and maintaining on such lands public buildings or other public works. In the event such lands cease to be used for the purpose for which such permit, lease, or easement was granted, the same shall thereupon terminate. ( Sept. 3, 1954, ch. 1255,  1 68 Stat. 1146  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Existing Rights-of-Way Provisions of section 706(a) of Pub. L. 94579 section 706(b) of Pub. L. 94579 section 1701 of this title  931d. Additional authority of department or agency head  The authority conferred by section 931c of this title ( Sept. 3, 1954, ch. 1255,  2 68 Stat. 1146  932. Repealed. Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793   Section, R.S.  2477, authorized rights of way for construction of highways over public lands not reserved for public uses. Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Regulations Affecting Rights-of-Way Pub. L. 104208, div. A, title I,  101(d) [title I,  108] Sept. 30, 1996 110 Stat. 3009181 No final rule or regulation of any agency of the Federal Government pertaining to the recognition, management, or validity of a right-of-way pursuant to Revised Statute 2477 ([former] 43 U.S.C. 932 Sept. 30, 1996  933. Repealed. Aug. 10, 1956, ch. 1041,  53 70A Stat. 641   Section, act July 5, 1884, ch. 214,  6 23 Stat. 104  934. Right of way through public lands granted to railroads  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. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  935. Several roads through canyons  Any railroad company whose right of way, or whose track or roadbed upon such right of way, passes through any canyon, pass, or defile, shall not prevent any other railroad company from the use and occupancy of the said canyon, pass, or defile, for the purposes of its road, in common with the road first located, on the crossing of other railroads at grade. And the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any wagon or other public highway located therein on March 3, 1875 Provided ( Mar. 3, 1875, ch. 152,  2 18 Stat. 482  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  936. Condemnation of private land  The legislature of the proper Territory may provide for the manner in which private lands and possessory claims on the public lands of the United States may be condemned; and where such provision shall not have been made, such condemnation may be made in accordance with section 3 of the act entitled An Act to amend an Act entitled An Act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July 1, 1862 July 2, 1864 43 U.S.C. 9423 ( Mar. 3, 1875, ch. 152,  3 18 Stat. 482  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  937. Filing profile of road; forfeiture of rights  Any railroad company desiring to secure the benefits of sections 934 to 939 of this title, shall, within twelve months after the location of any section of twenty miles of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the officer, as the Secretary of the Interior may designate, of the land office for the district where such land is located a profile of its road; and upon approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office; and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way: Provided ( Mar. 3, 1875, ch. 152,  4 18 Stat. 483 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 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  938. Lands excepted  Sections 934 to 939 of this title shall not apply to any lands within the limits of any military, park, or Indian reservation, or other lands especially reserved from sale, unless such right of way shall be provided for by treaty-stipulation or by Act of Congress passed prior to March 3, 1875 ( Mar. 3, 1875, ch. 152,  5 18 Stat. 483  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  939. Alteration, amendment, or repeal  Congress reserves the right at any time to alter, amend, or repeal sections 934 to 939 of this title, or any part thereof. ( Mar. 3, 1875, ch. 152,  6 18 Stat. 483  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  940. Forfeiture of rights where railroad not constructed in five years after location  Each and every grant of right of way and station grounds made prior to February 25, 1909 Provided February 25, 1909 ( June 26, 1906, ch. 3350 34 Stat. 482 Feb. 25, 1909, ch. 191 35 Stat. 647  941. Railroad stations on rights of way granted  All railroad companies operating railroads through the Territories of the United States over a right of way obtained under any grant or Act of Congress giving to said railroad companies the right of way over the public lands of the United States shall be required to establish and maintain passenger stations and freight depots at or within one-fourth of a mile of the boundary limits of all town sites established prior to August 8, 1894 ( Aug. 8, 1894, ch. 236,  1 28 Stat. 263  942. Omitted  Editorial Notes Codification Section, act Aug. 8, 1894, ch. 236,  2 28 Stat. 263 Aug. 8, 1894  9421. Rights of way in Alaska; railroad rights of way; reservations; water transportation connections; State title to submerged lands; Federal repossession as trustee; navigable waters defined; posting schedules of rates; changes in rates  The right of way through the lands of the United States in Alaska is granted to any railroad company, duly organized under the laws of any State or Territory or by the Congress of the United States, which may on and after May 14, 1898 Provided Provided further Provided 1 1 May 14, 1898 1 ( May 14, 1898, ch. 299,  2 30 Stat. 409  Editorial Notes  References in Text Sections 687a and 687a2 to 687a5 of this title, referred to in text, were repealed by Pub. L. 94579, title VII Oct. 21, 1976 90 Stat. 2789 Section 10762 of title 49 Pub. L. 10488, title I,  102(a) Dec. 29, 1995 109 Stat. 804 section 10762 of title 49 49 U.S.C. 6 Pub. L. 95473,  3(b) Oct. 17, 1978 92 Stat. 1466 Codification Section was formerly classified to section 411 of Title 48 Short Title Sections 9421 to 9429 of this title are popularly known as the Alaska Right of Way Act. Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  9422. Rights of several roads through canyons  Any railroad company whose right of way, or whose track or roadbed upon such right of way, passes through any canyon, pass, or defile shall not prevent any other railroad company from the use and occupancy of said canyon, pass, or defile for the purposes of its road, in common with the road first located, or the crossing of other railroads at grade; and the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any tramway, wagon road, or other public highway now located therein, nor prevent the location through the same of any such tramway, wagon road, or highway where such tramway, wagon road, or highway may be necessary for the public accommodation; and where any change in the location of such tramway, wagon road, or highway is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall, before entering upon the ground occupied by such tramway, wagon road, or highway, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road or tramway: Provided Provided ( May 14, 1898, ch. 299,  3 30 Stat. 410  Editorial Notes Codification Section was formerly classified to section 412 of Title 48 Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  9423. Condemnation of land  Where any company, the right of way to which is granted by sections 687a, 687a2 to 687a5, 1 1 ( July 2, 1864, ch. 216,  3 13 Stat. 357 May 14, 1898, ch. 299,  4 30 Stat. 410  Editorial Notes  References in Text Sections 687a and 687a2 to 687a5 of this title, referred to in text, were repealed by Pub. L. 94579, title VII Oct. 21, 1976 90 Stat. 2789 Codification The first sentence of this section to the colon is from section 4 of act May 14, 1898 July 2, 1864 July 2, 1864 May 14, 1898 section 9424 of this title Section was formerly classified to section 413 of Title 48 Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  9424. Filing preliminary survey, map and profile of road  Any company mentioned in sections 687a, 687a2 to 687a5, 1 1 section 9423 of this title ( May 14, 1898, ch. 299,  4 30 Stat. 410  Editorial Notes  References in Text Sections 687a and 687a2 to 687a5 of this title, referred to in text, were repealed by Pub. L. 94579, title VII Oct. 21, 1976 90 Stat. 2789 Codification Section is comprised of the proviso of section 4 of act May 14, 1898 May 14, 1898 section 9423 of this title Section was formerly classified to section 414 of Title 48 Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Extension of Time To Complete Railroad The time of the Western Alaska Construction Company to comply with the provisions of this section and section 9426 of this title act Apr. 9, 1904, ch. 1165 33 Stat. 165  9425. Filing map and profile of road section; forfeiture of rights; reversion of grant  Any company desiring to secure the benefits of sections 687a, 687a2 to 687a5, 1 1 Provided ( May 14, 1898, ch. 299,  5 30 Stat. 410 July 16, 1946 60 Stat. 1100  Editorial Notes  References in Text Sections 687a and 687a2 to 687a5 of this title, referred to in text, were repealed by Pub. L. 94579, title VII Oct. 21, 1976 90 Stat. 2789 Codification Section was formerly classified to section 415 of Title 48 Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Executive Documents  Transfer of Functions Such officer as the Secretary of the Interior may designate substituted in text for register on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of register of district land office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title  9426. Rights of way for Alaskan wagon roads, wire rope, aerial, or other tramways; reservations; filing preliminary survey and map of location; alteration, amendment, repeal, or grant of equal rights; forfeiture of rights; reversion of grant; liens  The Secretary of the Interior is authorized to issue a permit, by instrument in writing, in conformity with and subject to the restrictions herein contained, unto any responsible person, company, or corporation, for a right of way over the public domain in Alaska, not to exceed one hundred feet in width, and ground for station and other necessary purposes not to exceed five acres for each station for each five miles of road, to construct wagon roads and wire rope, aerial, or other tramways, and the privilege of taking all necessary material from the public domain in said district for the construction of such wagon roads or tramways, together with the right, subject to supervision and at rates to be approved by said Secretary, to levy and collect toll or freight and passenger charges on passengers, animals, freight, or vehicles passing over the same for a period not exceeding twenty years, and said Secretary is also authorized to sell to the owner or owners of any such wagon road or tramway, upon the completion thereof, not to exceed twenty acres of public land at each terminus at $1.25 per acre, such lands when located at or near tide water not to extend more than forty rods in width along the shore line and the title thereto to be upon such expressed conditions as in his judgment may be necessary to protect the public interest, and all minerals, including coal, in such right of way or station grounds shall be reserved to the United States: Provided Provided further Provided Provided Any person, corporation, or company qualified to construct a wagon road or tramway under the provisions of this section that may prior to May 14, 1898 All mortgages executed by any company acquiring a right of way under sections 687a, 687a2 to 687a5, 1 1 ( May 14, 1898, ch. 299,  6 30 Stat. 411  Editorial Notes  References in Text Sections 687a and 687a2 to 687a5 of this title, referred to in third par., were repealed by Pub. L. 94579, title VII Oct. 21, 1976 90 Stat. 2789 Codification Section was formerly classified to section 416 of Title 48 Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 399 section 21 of Title 48  9427. Military park, Indian or other reservation  Sections 687a, 687a2 to 687a5, 1 1 ( May 14, 1898, ch. 299,  7 30 Stat. 412  Editorial Notes  References in Text Sections 687a and 687a2 to 687a5 of this title, referred to in text, were repealed by Pub. L. 94579, title VII Oct. 21, 1976 90 Stat. 2789 Codification Section was formerly classified to section 417 of Title 48 Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  9428. Reservation of right of alteration, amendment, or repeal; assignment of right of way  Congress reserves the right at any time to alter, amend, or repeal sections 687a, 687a2 to 687a5, 1 1 Provided May 14, 1898 January 21, 1898 ( May 14, 1898, ch. 299,  8 30 Stat. 412  Editorial Notes  References in Text Sections 687a and 687a2 to 687a5 of this title, referred to in text, were repealed by Pub. L. 94579, title VII Oct. 21, 1976 90 Stat. 2789 Codification Section was formerly classified to section 418 of Title 48 Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  9429. Map location of road  The map and profile of definite location of such railroad, wagon road, or tramway, to be filed as hereinbefore provided, shall, when the line passes over surveyed lands, indicate the location of the road by reference to section or other established survey corners, and where such line passes over unsurveyed lands the location thereon shall be indicated by courses and distances and by references to natural objects and permanent monuments in such manner that the location of the road may be readily determined by reference to descriptions given in connection with said profile map. ( May 14, 1898, ch. 299,  9 30 Stat. 413  Editorial Notes Codification Section was formerly classified to section 419 of Title 48 Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  943. Right of way for railroads; reserved lands in Minnesota  All lands in the State of Minnesota described in and withdrawn from sale by the proclamations of the President of the United States for the reason that said lands would be required for or subject to flowage in the construction of dams, reservoirs, and other works proposed to be erected for the improvement of the navigation of the Mississippi River and certain of its tributaries, are declared to be, and to have been at all times prior to February 27, 1901 Provided, however Provided further February 27, 1901 February 27, 1901 Provided further ( Feb. 27, 1901, ch. 614 31 Stat. 815 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  944. Right of way in Oklahoma and Arizona  Where, under sections 934 to 939 of this title, or under special Acts of Congress, or under the laws of the former Territories of Oklahoma and Arizona, railroads have been constructed and were on June 26, 1906 ( June 26, 1906, ch. 3548 34 Stat. 481  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  945. Reservation in patents of right of way for ditches or canals  In all patents for lands taken up after August 30, 1890 ( Aug. 30, 1890, ch. 837,  1 26 Stat. 391  Editorial Notes  References in Text The land laws of the United States, referred to in text, are classified generally to this title. This Act, referred to in text, is act Aug. 30, 1890, ch. 837 26 Stat. 371 section 446 of Title 16 section 887 of Title 33  945a. Compensation for rights-of-way for certain reclamation projects  Notwithstanding the existence of any reservation of right-of-way to the United States for canals under section 945 of this title January 1, 1961 September 2, 1964 ( Pub. L. 88561,  1 Sept. 2, 1964 78 Stat. 808 Pub. L. 89624 Oct. 4, 1966 80 Stat. 873  Editorial Notes Amendments 1966 Pub. L. 89624 Statutory Notes and Related Subsidiaries Effective Date of 1966 Amendment Pub. L. 88561,  3 Pub. L. 89624 Oct. 4, 1966 80 Stat. 874 The amendment made by this Act [enacting section 945b of this title Oct. 4, 1966  945b. Jurisdiction; procedure  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 ( Pub. L. 88561,  2 Pub. L. 89624 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 section 3 of Pub. L. 88561 Pub. L. 89624 section 945a of this title  946. Right of way to canal ditch companies and irrigation or drainage districts for irrigation or drainage purposes and operation and maintenance of reservoirs, canals, and laterals  The right of way through the public lands and reservations of the United States is granted to any canal ditch company, irrigation or drainage district formed for the purpose of irrigation or drainage, and duly organized under the laws of any State or Territory, and which shall have filed, or may hereafter file, with the Secretary of the Interior a copy of its articles of incorporation or, if not a private corporation, a copy of the law under which the same is formed and due proof of its organization under the same, to the extent of the ground occupied by the water of any reservoir and of any canals and laterals and fifty feet on each side of the marginal limits thereof, and, upon presentation of satisfactory showing by the applicant, such additional rights of way as the Secretary of the Interior may deem necessary for the proper operation and maintenance of said reservoirs, canals, and laterals; also the right to take from the public lands adjacent to the line of the canal or ditch, material, earth, and stone necessary for the construction of such canal or ditch: Provided ( Mar. 3, 1891, ch. 561,  18 26 Stat. 1101 Mar. 4, 1917, ch. 184,  1 39 Stat. 1197 May 28, 1926, ch. 409 44 Stat. 668  Editorial Notes Amendments 1926Act May 28, 1926 1917Act Mar. 4, 1917 Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  947. Map; damages to settlers  Any canal or ditch company desiring to secure the benefits of sections 946 to 949 of this title shall, within twelve months after the location of ten miles of its canal, if the same be upon surveyed lands, and if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the officer, as the Secretary of the Interior may designate, of the land office for the district where such land is located a map of its canal or ditch and reservoir; and upon the approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such rights of way shall pass shall be disposed of subject to such right of way. Whenever any person or corporation, in the construction of any canal, ditch, or reservoir, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. ( Mar. 3, 1891, ch. 561,  19 26 Stat. 1102 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 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  948. Application to existing and future canals  The provisions of sections 946 to 949 of this title shall apply to all canals, ditches, or reservoirs, heretofore or hereafter constructed, whether constructed by corporations, individuals, or association of individuals, on the filing of the certificates and maps therein provided for. If such ditch, canal, or reservoir has been or shall be constructed by an individual or association of individuals, it shall be sufficient for such individual or association of individuals to file with the Secretary of the Interior, and with the officer, as the Secretary of the Interior may designate, of the land office where said land is located, a map of the line of such canal, ditch, or reservoir, as in case of a corporation, with the name of the individual owner or owners thereof, together with the articles of association, if any there be. Plats filed before March 3, 1891 Provided ( Mar. 3, 1891, ch. 561,  20 26 Stat. 1102 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title Officer, as the Secretary of the Interior may designate substituted for register on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district lands offices and transferred functions of register of district land office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title  949. Use for canal or ditch only  Nothing in sections 946 to 949 of this title shall authorize such canal or ditch company to occupy such right of way except for the purpose of said canal or ditch, and then only so far as may be necessary for the construction, maintenance, and care of said canal or ditch. ( Mar. 3, 1891, ch. 561,  21 26 Stat. 1102  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  950. Right of way to canal and ditch companies for irrigation purposes; additional grants  In addition to the rights of way granted by sections 946 to 949 of this title, and subject to the conditions and restrictions therein contained, the Secretary of the Interior is authorized to grant permits or easements for not to exceed five acres of ground adjoining the right of way at each of the locations, to be determined by the Secretary of the Interior, to be used for the erection thereon of dwellings or other buildings or corrals for the convenience of those engaged in the care and management of the works provided for by said sections: Provided ( Mar. 1, 1921, ch. 93 41 Stat. 1194  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  951. Right of way for water transportation, domestic purposes, or development of power  Rights of way for ditches, canals, or reservoirs heretofore or hereafter approved under the provisions of sections 946 to 949 of this title may be used for purposes of a public nature; and said rights of way may be used for purposes of water transportation, for domestic purposes, or for the development of power, as subsidiary to the main purpose of irrigation or drainage. ( May 11, 1898, ch. 292,  2 30 Stat. 404 Mar. 4, 1917, ch. 184,  2 39 Stat. 1197  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  952. Reservoir sites for water for livestock  Any person, livestock company, or transportation corporation engaged in breeding, grazing, driving, or transporting livestock may construct reservoirs upon unoccupied public lands of the United States, not mineral or otherwise reserved, for the purpose of furnishing water to such livestock, and shall have control of such reservoir, under regulations prescribed by the Secretary of the Interior, and the lands upon which the same is constructed, not exceeding one hundred and sixty acres, so long as such reservoir is maintained and water kept therein for such purposes: Provided The Secretary of the Interior, in his discretion, under such rules, regulations, and conditions as he may prescribe, upon application by such person, company, or corporation, may grant permission to fence such reservoirs in order to protect livestock, to conserve water, and to preserve its quality and conditions: Provided ( Jan. 13, 1897, ch. 11,  1 29 Stat. 484 Mar. 3, 1923, ch. 219 42 Stat. 1437  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  953. Declaratory statement as to reservoirs  Any person, livestock company, or corporation desiring to avail themselves of the provisions of sections 952 to 955 of this title shall file a declaratory statement in the United States land office in the district where the land is situated, which statement shall describe the land where such reservoir is to be or has been constructed; shall state what business such corporation is engaged in; specify the capacity of the reservoir in gallons, and whether such company, person, or corporation has filed upon other reservoir sites within the same county; and if so, how many. ( Jan. 13, 1897, ch. 11,  2 29 Stat. 484  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  954. Survey; map of reservoirs  At any time after the completion of such reservoir or reservoirs, which shall be constructed and completed within two years after filing such declaratory statement, such person, company, or corporation shall have the same accurately surveyed, as hereinafter provided, and shall file in the United States land office in the district in which such reservoir is located a map or plat showing the location of such reservoir, which map or plat shall be transmitted by the officer, as the Secretary of the Interior may designate, of said United States land office to the Secretary of the Interior and approved by him, and thereafter such land shall be reserved from sale by the Secretary of the Interior so long as such reservoir is kept in repair and water kept therein. ( Jan. 13, 1897, ch. 11,  3 29 Stat. 484 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  Abolition of Office of Surveyor General and Transfer of Functions Act Mar. 3, 1925 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 64 Stat. 1262 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  955. Amendment, alteration, or repeal  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. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  956. Right of way for tramroads, canals, or reservoirs  The Secretary of the Interior is authorized and empowered, under general regulations to be fixed by him, to permit the use of the right of way through the public lands of the United States, not within the limits of any national forest, park, military or Indian reservation, for tramroads, canals, or reservoirs to the extent of the ground occupied by the water of the canals and reservoirs and fifty feet on each side of the marginal limits thereof, or fifty feet on each side of the center line of the tramroad, by any citizen or any association of citizens of the United States engaged in the business of mining or quarrying or of cutting timber and manufacturing lumber or for the purposes of furnishing water for domestic, public, and other beneficial uses. ( Jan. 21, 1895, ch. 37,  1 28 Stat. 635 May 11, 1898, ch. 292,  1 30 Stat. 404 Mar. 4, 1907, ch. 2907 34 Stat. 1269  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  957. Right of way to electric power companies  The Secretary of the Interior is authorized and empowered, under general regulations to be fixed by him, to permit the use of right of way to the extent of twenty-five feet, together with the use of necessary ground, not exceeding forty acres, upon the public lands and national forests of the United States by any citizen or association of citizens of the United States for the purposes of generating, manufacturing, or distributing electric power. ( Jan. 21, 1895, ch. 37,  2 May 14, 1896, ch. 179 29 Stat. 120 Mar. 4, 1907, ch. 2907 34 Stat. 1269  Editorial Notes Codification The words national forests substituted in text for forest reservations pursuant to act Mar. 4, 1907 Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  958. Rights of way for wagon roads or railroads  In the form provided by existing law the Secretary of the Interior may file and approve surveys and plats of any right of way for a wagon road, railroad, or other highway over and across any reservoir site when in his judgment the public interests will not be injuriously affected thereby. ( Mar. 3, 1899, ch. 427,  1 30 Stat. 1233  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  959. Rights of way for electrical plants, etc.  That the Secretary of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of rights of way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant national parks, California, for electrical plants, poles, and lines for the generation and distribution of electrical power, and for telephone and telegraph purposes, and for canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits, and for water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses to the extent of the ground occupied by such canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted hereunder, and not to exceed fifty feet on each side of the marginal limits thereof, or not to exceed fifty feet on each side of the center line of such pipes and pipe lines, electrical, telegraph, and telephone lines and poles, by any citizen, association, or corporation of the United States, where it is intended by such to exercise the use permitted hereunder or any one or more of the purposes herein named: Provided Provided further And provided further ( Feb. 15, 1901, ch. 372 31 Stat. 790 Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Pub. L. 113287,  7 Dec. 19, 2014 128 Stat. 3272  Editorial Notes  References in Text Title sixty-five of the Revised Statutes of the United States, and amendments thereto, referred to in text, which consisted of R.S.  5263 to 5269, was classified to sections 1 to 6 and 8 of Title 47, Telecommunications, and was repealed by act July 16, 1947, ch. 256,  1 61 Stat. 327 This Act, referred to in text, is act Feb. 15, 1901, ch. 372 31 Stat. 790 Codification Act Feb. 15, 1901, ch. 372 31 Stat. 790 Statutory Notes and Related Subsidiaries General Grant National Park Abolished Act Mar. 4, 1940, ch. 40,  2 54 Stat. 43 section 80a of Title 16 Repeals Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Pub. L. 94579 section 1702(e) of this title Section repealed by Pub. L. 113287,  7 Dec. 19, 2014 128 Stat. 3272 section 100902(a) of Title 54 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  961. 1 1 Rights-of-way for power and communications facilities  That the head of the department having jurisdiction over the lands be, and he hereby is, authorized and empowered, under general regulations to be fixed by him, to grant an easement for rights-of-way, for a period not exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands, national forests, and reservations of the United States for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for communication purposes, and for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to the extent of two hundred feet on each side of the center line of such lines and poles and not to exceed four hundred feet by four hundred feet for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to any citizen, association, or corporation of the United States, where it is intended by such to exercise the right-of-way herein granted for any one or more of the purposes herein named: Provided Provided further That any citizen, association, or corporation of the United States to whom there has heretofore been issued a permit for any of the purposes specified herein under any existing law, may obtain the benefit of this Act upon the same terms and conditions as shall be required of citizens, associations, or corporations hereafter making application under the provisions of this statute. ( Mar. 4, 1911, ch. 238 36 Stat. 1253 May 27, 1952, ch. 338 66 Stat. 95 Pub. L. 94579, title VII Oct. 21, 1976 90 Stat. 2793 Pub. L. 113287,  7 Dec. 19, 2014 128 Stat. 3272  Editorial Notes  References in Text Heretofore, referred to in text, probably means before Mar. 4, 1911 This Act and this statute, referred to in text, is act Mar. 4, 1911, ch. 238 36 Stat. 1235 Hereafter, referred to in in text, probably means on and after Mar. 4, 1911 Codification Acts Mar. 4, 1911, ch. 238 36 Stat. 1253 May 27, 1952, ch. 338 66 Stat. 95 Amendments 1952Act May 27, 1952 Statutory Notes and Related Subsidiaries Repeals Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Pub. L. 94579 section 1702(e) of this title Section repealed by Pub. L. 113287,  7 Dec. 19, 2014 128 Stat. 3272 section 100902(a) of Title 54 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  962. Right of way in Colorado and Wyoming to pipeline companies  The right of way through the public lands of the United States situate in the State of Colorado and in the State of Wyoming outside of the boundary lines of the Yellowstone National Park is granted to any pipe-line company or corporation formed for the purpose of transporting oils, crude or refined, which shall have filed or may hereafter file with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of the ground occupied by said pipe line and twenty-five feet on each side of the center line of the same; also the right to take from the public lands adjacent to the line of said pipe line, material, earth, and stone necessary for the construction of said pipe line. ( May 21, 1896, ch. 212,  1 29 Stat. 127  Editorial Notes Short Title Sections 962 to 965 of this title are popularly known as the Oil Pipe Line Act. Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  963. Applications for Colorado and Wyoming pipeline right of way  Any company or corporation desiring to secure the benefits of sections 962 to 965 of this title shall, within twelve months after the location of ten miles of the pipeline, if the same be upon surveyed lands and if the same be upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the officer, as the Secretary of the Interior may designate, of the land office for the district where such land is located a map of its line, and upon the approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way. ( May 21, 1896, ch. 212,  2 29 Stat. 127 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 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  964. Limit of time for completion of Colorado and Wyoming pipelines; forfeiture  If any section of said pipe line shall not be completed within five years after the location of said section, the right granted in sections 962 to 965 of this title shall be forfeited, as to any incomplete section of said pipe line, to the extent that the same is not completed at the date of the forfeiture. ( May 21, 1896, ch. 212,  3 29 Stat. 127  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  965. Restriction on use of Colorado and Wyoming pipeline right of way  Nothing in sections 962 to 965 of this title shall authorize the use of such right of way except for the pipe line, and then only so far as may be necessary for its construction, maintenance, and care. ( May 21, 1896, ch. 212,  4 29 Stat. 127  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  966. Right of way in Arkansas to pipe-line companies  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. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  967. Applications for Arkansas pipeline right of way  Any citizen of the United States, company, or corporation desiring to secure the benefits of sections 966 to 970 of this title shall within twelve months after the location of ten miles of the pipe line, if the same be upon surveyed land, and if the same be upon unsurveyed lands within twelve months after the survey thereof by the United States, file with the officer, as the Secretary of the Interior may designate, of the land office for the district where such land is located a map of its lines, and upon the approval thereof by the Secretary of the Interior, the same shall be noted upon the plats in said office, and thereafter all such land over which such line shall pass shall be disposed of subject to such right of way. ( Apr. 12, 1910, ch. 155,  2 36 Stat. 296 July 16, 1946 60 Stat. 1100  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 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  968. Restriction on use of Arkansas pipeline right of way  Nothing in sections 966 to 970 of this title shall authorize the use of such right of way except for the pipe line, and then only so far as may be necessary for its construction, maintenance, and care. ( Apr. 12, 1910, ch. 155,  3 36 Stat. 296  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  969. Forfeiture of Arkansas pipeline right of way for nonuser, etc.  If any section of said pipe line shall not be completed within one year after the approval by the Secretary of the Interior of said section, or if any section of said pipe line shall be abandoned or shall not be used for a period of two years, the right of way granted in sections 966 to 970 of this title as to any uncompleted, abandoned, or unused section of said pipe line shall be forfeited to the extent that the same is not completed or is abandoned or unused at the date of the forfeiture, without further action or declaration on the part of the Government or any proceedings or judgment of any court. ( Apr. 12, 1910, ch. 155,  4 36 Stat. 296  Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  970. Forfeiture of Arkansas pipeline right of way for violation of antitrust law  If any citizen, company, or corporation taking advantage of the benefits of sections 966 to 970 of this title shall violate the Act of July 2, 1890 ( Apr. 12, 1910, ch. 155,  5 36 Stat. 296  Editorial Notes  References in Text Act of July 2, 1890 act July 2, 1890, ch. 647 26 Stat. 209 section 1 of Title 15 Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  971. Bathhouses, hotels, etc., adjacent to mineral, medicinal, etc., springs on public lands  The Secretary of the Interior, upon such terms and under such regulations as he may deem proper, may permit responsible persons or associations to use and occupy, for the erection of bathhouses, hotels, or other improvements for the accommodation of the public, suitable spaces or tracts of land near or adjacent to mineral, medicinal, or other springs which are located upon unreserved public lands or public lands which have been withdrawn for the protection of such springs: Provided ( Mar. 3, 1925, ch. 458 43 Stat. 1133  971a. Alaskan lands within highway, telephone, and pipeline withdrawals; disposal; amendment of land description of claim or entry on adjoining lands  Upon revocation of a withdrawal for highways, telephone lines, or pipelines, in Alaska, the lands involved shall be subject to disposal only under laws specified by the Secretary of the Interior, subject to easements as established by the Secretary. Notwithstanding any statutory limitation on the area which may be included in an unpatented claim or entry, the Secretary may permit the amendment of the land description of a claim or entry on adjoining lands to include the restored lands. ( Aug. 1, 1956, ch. 848,  1 70 Stat. 898  Editorial Notes Codification This section was formerly classified to section 420 of Title 48  971b. Sale of restored Alaskan lands; preference rights; consent of Federal agency  The Secretary may sell such restored lands for not less than their appraised value, giving an appropriate preference right to the holders of adjoining claims or entries and to owners of adjoining private lands. If such lands are under the jurisdiction of a Federal department or agency other than the Department of the Interior, any sale thereof shall be made only with the consent of such department or agency. ( Aug. 1, 1956, ch. 848,  2 70 Stat. 898  Editorial Notes Codification Section was formerly classified to section 420a of Title 48  971c. Utilization or occupancy of Alaskan easements; consent of agency  Lands in Alaska within an easement established under sections 971a to 971e of this title by the Secretary of the Interior may not be utilized or occupied without the permission of the Secretary, or an officer or agency designated by him. If the lands crossed by an easement established under sections 971a to 971e of this title are under the jurisdiction of a Federal department or agency other than the Department of the Interior, or of a State, Territory, or other government subdivision or agency, such permission may be granted only with the consent of such department, agency, or other governmental unit. ( Aug. 1, 1956, ch. 848,  3 70 Stat. 898  Editorial Notes Codification Section was formerly classified to section 420b of Title 48  971d. Effect on valid existing Alaskan rights  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  971e. Definition of restored Alaskan lands  For the purposes of sections 971a to 971e of this title, the words restored lands include, without limiting the meaning thereof, those lands at Big Delta and Tok Junctions that are withdrawn by public land orders numbered 808 and 975 and that lie between the centerline of the Richardson and Glenn Highways and the land included within United States surveys 2727, 2728, 2770, 2771, 2772, 2773, 2774, 2723, 2724, 2725, and 2726. ( Aug. 1, 1956, ch. 848,  5 Pub. L. 86512 June 11, 1960 74 Stat. 207  Editorial Notes Codification Section was formerly classified to section 420d of Title 48  975, 975a. Repealed. Pub. L. 97468, title VI,  615(a)(1) Jan. 14, 1983 96 Stat. 2577   Section 975, acts Mar. 12, 1914, ch. 37,  1 38 Stat. 305 Apr. 10, 1926, ch. 114 44 Stat. 239 Aug. 4, 1955, ch. 554 69 Stat. 494 Nov. 1, 1978 Pub. L. 95565,  4(a) 92 Stat. 2399 Oct. 10, 1980 Pub. L. 96423,  15 94 Stat. 1817 Mar. 12, 1914 Pub. L. 96423 Mar. 12, 1914 act Mar. 29, 1940, ch. 74 54 Stat. 80 section 353a of Title 16 section 301 of Title 48  Section 975a, act Mar. 12, 1914, ch. 37,  1 38 Stat. 307 Mar. 12, 1914 section 302 of Title 48 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective on date of transfer of Alaska Railroad to State [ Jan. 5, 1985 section 1203 of Title 45 section 615(a) of Pub. L. 97468 Rental of Alaska Railroad Lands; Report to Congress Pub. L. 95611,  6 Nov. 8, 1978 92 Stat. 3090 Nov. 8, 1978 Jan. 1, 1977 Appropriations Act Mar. 12, 1914, ch. 37,  2 38 Stat. 307 section 615(a)(1) of Pub. L. 97468  975b. Repealed. Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792   Section, act Mar. 12, 1914, ch. 37,  1 38 Stat. 307 Mar. 12, 1914 section 303 of Title 48 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  975c to 975g. Repealed. Pub. L. 97468, title VI,  615(a)(1) Jan. 14, 1983 96 Stat. 2577   Section 975c, act Mar. 12, 1914, ch. 37,  1 38 Stat. 307 Mar. 12, 1914 section 304 of Title 48  Section 975d, act Mar. 12, 1914, ch. 37,  1 38 Stat. 307 Mar. 12, 1914 section 305 of Title 48  Section 975e, act Mar. 12, 1914, ch. 37,  3 38 Stat. 307 section 306 of Title 48  Section 975f, act Mar. 12, 1914, ch. 37,  1 38 Stat. 307 Mar. 12, 1914 section 307 of Title 48  Section 975g, act Mar. 12, 1914, ch. 37,  4 38 Stat. 307 section 308 of Title 48 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective on date of transfer of Alaska Railroad to State [ Jan. 5, 1985 section 1203 of Title 45 section 615(a) of Pub. L. 97468 Executive Documents  Executive Order No. 11107 Ex. Ord. No. 11107, Apr. 26, 1963 July 19, 1983  Executive Order No. 12434 Ex. Ord. No. 12434, July 19, 1983 Jan. 5, 1985 CHAPTER 23 GRANTS OF SWAMP AND OVERFLOWED LANDS    Sec.  981. Indemnity to States on sale of lands.  982. Grant to States to aid in construction of levees and drains.  983. Lists and plats of lands, for governors of States.  984. Legal subdivisions mostly wet and unfit for cultivation.  985. Omitted.  986. Selection of lands confirmed.  987. Lands to be certified to State within one year.  988. Act extended to Minnesota and Oregon.  989. Homestead entries by purchasers from Missouri of lands declared not to be swamp lands.  990. Grant to Missouri.  991. Title of purchasers of unconfirmed lands in Arkansas confirmed.  992. Sale of erroneously designated water-covered areas in Arkansas.  993. Sale of lands in Louisiana; preference rights; application for purchase; appraisal; payment for land.  994. Sale of lands in Wisconsin.  981. Indemnity to States on sale of lands  Upon proof by the authorized agent of the State, before the Secretary of the Interior or such officer as he may designate, that any of the lands purchased by any person from the United States, prior to March 2, 1855 September 28, 1850 (R.S.  2482; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Editorial Notes  References in Text Act approved September 28, 1850 act Sept. 28, 1850, ch. 84 9 Stat. 519 Codification R.S.  2482 derived from act Mar. 2, 1855, ch. 147,  2 10 Stat. 634 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 64 Stat. 1262 section 1451 of this title Secretary of the Interior or such officer as he may designate substituted for Commissioner of the General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished General Land Office and Commissioner thereof and transferred functions of General Land Office to a new agency in Department of the Interior to be known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title  982. Grant to States to aid in construction of levees and drains  To enable the several States (but not including the States of Kansas, Nebraska, and Nevada) to construct the necessary levees and drains, to reclaim the swamp and overflowed lands thereinthe whole of the swamp and overflowed lands, made unfit thereby for cultivation, and remaining unsold on or after the 28th day of September, A.D. 1850, are granted and belong to the several States respectively, in which said lands are situated: Provided, however (R.S.  2479.)  Editorial Notes Codification R.S.  2479 derived from acts Sept. 28, 1850, ch. 84 9 Stat. 520 Mar. 12, 1860, ch. 5,  1 12 Stat. 3 Feb. 19, 1874, ch. 30 18 Stat. 16 Statutory Notes and Related Subsidiaries Grants Not To Extend to Alaska Land grant under Alaska Statehood provisions in lieu of grant of land under this section (declared not to extend to Alaska), see section 6( l Pub. L. 85508 section 21 of Title 48 Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  983. Lists and plats of lands, for governors of States  It shall be the duty of the Secretary of the Interior, to make accurate lists and plats of all such lands, and transmit the same to the governors of the several States in which such lands may lie, and at the request of the governor of any State in which said swamp and overflowed lands may be, to cause patents to be issued to said State therefor, conveying to said State the fee simple of said land. The proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied exclusively, as far as necessary, to the reclaiming said lands, by means of levees and drains. (R.S.  2480.)  Editorial Notes Codification R.S.  2480 derived from act Sept. 28, 1850, ch. 84,  2 9 Stat. 519  984. Legal subdivisions mostly wet and unfit for cultivation  In making out lists and plats of the lands aforesaid all legal subdivisions, the greater part whereof is wet and unfit for cultivation, shall be included in said lists and plats, but when the greater part of a subdivision is not of that character, the whole of it shall be excluded therefrom. (R.S.  2481.)  Editorial Notes Codification R.S.  2481 derived from act Sept. 28, 1850, ch. 84,  3 9 Stat. 519  985. Omitted  Editorial Notes Codification Section, R.S.  2483, authorized the issuance of patents to purchasers or locators who have made entries on public lands claimed as swamp lands.  986. Selection of lands confirmed  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 (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 64 Stat. 1262 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 60 Stat. 1100 section 1 of this title  987. Lands to be certified to State within one year  It shall be the duty of the Commissioner of the General Land Office, to certify over to the State of California as swamp and overflowed lands, all the lands represented as such upon the approved township surveys and plats, whether made before or after the 23d day of July 1866, under the authority of the United States. The Supervisor of Surveys shall under the direction of the Commissioner of the General Land Office, examine the segregation maps and surveys of the swamp and overflowed lands, made by said State; and where he shall find them to conform to the system of surveys adopted by the United States, he shall construct and approve township plats accordingly, and forward to the General Land Office for approval. In segregating large bodies of land, notoriously and obviously swamp and overflowed, it shall not be necessary to subdivide the same, but to run the exterior lines of such body of land. In case such State surveys are found not to be in accordance with the system of United States surveys, and in such other townships as no survey has been made by the United States, the commissioner shall direct the Supervisor of Surveys to make segregation surveys, upon application by the governor of said State, within one year of such application, of all the swamp and overflowed land in such townships, and to report the same to the General Land Office, representing and describing what land was swamp and overflowed, under the grant, according to the best evidence he can obtain. If the authorities of said State, shall claim as swamp and overflowed, any land not represented as such upon the map or in the returns of the surveyors, the character of such land at the date of the grant September 28, 1850 (R.S.  2488; Mar. 3, 1925, ch. 462 43 Stat. 1144  Editorial Notes Codification R.S.  2488 derived from act July 23, 1866, ch. 219,  4 14 Stat. 219 Statutory Notes and Related Subsidiaries  Abolition of Office of Surveyor General and Transfer of Functions Act Mar. 3, 1925 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 64 Stat. 1262 section 1451 of this title Offices of Commissioner of General Land Office and Supervisor of Surveys, and General Land Office abolished by Reorg. Plan No. 3 of 1946,  403, eff. July 16, 1946 60 Stat. 1100 section 1 of this title  988. Act extended to Minnesota and Oregon  The provisions of sections 982 to 984 of this title are extended to the States of Minnesota and Oregon: Provided March 12, 1860 (R.S.  2490.)  Editorial Notes Codification R.S.  2490 derived from act Mar. 12, 1860, ch. 5 12 Stat. 3  989. Homestead entries by purchasers from Missouri of lands declared not to be swamp lands  In all cases in the State of Missouri where lands have, prior to February 23, 1875 Provided February 23, 1875 ( Feb. 23, 1875, ch. 99 18 Stat. 334 Mar. 3, 1891, ch. 561,  4 26 Stat. 1097  990. Grant to Missouri  All lands in the State of Missouri selected as swamp and overflowed lands, and regularly reported as such to the General Land Office, and on March 3, 1877 ( Mar. 3, 1877, ch. 116 19 Stat. 395  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 64 Stat. 1262 section 1451 of this title General Land Office and office of its Commissioner abolished by Reorg. Plan No. 3 of 1946,  403, eff. July 16, 1946 60 Stat. 1100 section 1 of this title  991. Title of purchasers of unconfirmed lands in Arkansas confirmed  The title of all persons who had, on April 29, 1898 The State of Arkansas does hereby relinquish and quitclaim to the United States all lands prior to April 29, 1898 September 28, 1850 March 2, 1855 March 3, 1857 Provided April 29, 1898 Provided further April 29, 1898 April 29, 1898 ( Apr. 29, 1898, ch. 229 30 Stat. 368  Editorial Notes  References in Text Act of September 28, 1850 act Sept. 28, 1850, ch. 84 9 Stat. 519 Act of March 2, 1855 act Mar. 2, 1855, ch. 147 10 Stat. 634 Act of March 3, 1857 act Mar. 3, 1857, ch. 117 11 Stat. 251  992. Sale of erroneously designated water-covered areas in Arkansas  The Secretary of the Interior, in his judgment and discretion, is authorized to sell, in the manner hereinafter provided in this section, any of those public lands situated in the State of Arkansas which were originally erroneously meandered and shown upon the official plats as water-covered areas, and which are not lawfully appropriated by a qualified settler or entryman claiming under the public land laws. Any citizen of the United States who in good faith under color of title or claiming as a riparian owner, prior to September 21, 1922 September 21, 1922 Upon the filing of an application to purchase any lands subject to the operation of this section, together with the required proof, the Secretary of the Interior shall cause the lands described in said application to be appraised, said appraisal to be on the basis of the value of such lands at the date of appraisal, exclusive of any increased value resulting from the development or improvement thereof for agricultural purposes by the applicant or his predecessor in interest, but inclusive of the stumpage value of any timber cut or removed by the applicant or his predecessor in interest. An applicant who applies to purchase lands under the provisions of this section, in order to be entitled to receive a patent must within thirty days from receipt of notice of appraisal by the Secretary of the Interior pay to the officer, as the Secretary of the Interior may designate, of the United States land office of the district in which the lands are situated the appraised price of the lands, and thereupon a patent shall issue to said applicant for such lands as the Secretary of the Interior shall determine that such applicant is entitled to purchase under this section. The proceeds derived by the Government from the sale of lands hereunder shall be covered into the United States Treasury and applied as provided by law for the disposal of the proceeds from the sale of public lands. The Secretary of the Interior is authorized to prescribe all necessary rules and regulations for administering the provisions of this section and determining conflicting claims arising hereunder. ( Sept. 21, 1922, ch. 362 42 Stat. 992 July 16, 1946 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 64 Stat. 1262 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  993. Sale of lands in Louisiana; preference rights; application for purchase; appraisal; payment for land  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 February 19, 1925 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 43 Stat. 951 July 16, 1946 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 64 Stat. 1262 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  994. Sale of lands in Wisconsin  The Secretary of the Interior, in his judgment and discretion, is authorized to sell, in the manner hereinafter provided in this section, any of those lands situated in the State of Wisconsin which were originally erroneously meandered and shown upon the official plats as water-covered areas, and which are not lawfully appropriated by a qualified settler or entryman claiming under the public land laws. Any owner in good faith of land shown by the official public land surveys to be bounded in whole or in part by such erroneously meandered area, and who acquired title to such land prior to February 27, 1925 In event such erroneously meandered land is bounded by two or more tracts of land held in private ownership with apparent riparian rights indicated by the official township plat of survey at date of disposal of title by the United States, the Secretary of the Interior or such officer as he may designate shall have discretionary power to cause such meandered area, when surveyed, to be divided into such tracts or lots as will permit a fair division of such meandered area among the owners of such surrounding or adjacent tracts under the provisions of this section. In administering the provisions of this section, where there shall exist a conflict of claims falling within its operation, if any claimant shall have placed valuable improvements upon the land involved, or shall have reduced the same to cultivation, then to the extent of such improvements or cultivation, such claimant shall be given preference in adjustment of such conflict: Provided Provided further Upon the filing of an application to purchase any lands subject to the operation of this section, together with the required proof, the Secretary of the Interior shall cause the lands described in said application to be appraised, said appraisal to be on the basis of the value of such lands at the date of appraisal, exclusive of any increased value resulting from the development or improvement thereof for agricultural purposes by the applicant or his predecessor in interest, but inclusive of the stumpage value of any timber cut or removed by the applicant or his predecessor in interest. An applicant who applies to purchase lands under the provisions of this section, in order to be entitled to receive a patent, must within thirty days from receipt of notice of appraisal by the Secretary of the Interior pay to the officer, as the Secretary of the Interior may designate, of the United States land office of the district in which the lands are situated the appraisal price of the lands, and thereupon a patent shall issue to said applicant for such lands as the Secretary of the Interior shall determine that such applicant is entitled to purchase under this section. The proceeds derived by the Government from the sale of lands under this section shall be covered into the United States Treasury and applied as provided by law for the disposal of the proceeds from the sale of public lands. The Secretary of the Interior is authorized to prescribe all necessary rules and regulations for administering the provisions of this section and determining conflicting claims arising thereunder. ( Feb. 27, 1925, ch. 363 43 Stat. 1013 July 16, 1946 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 64 Stat. 1262 section 1451 of this title Officer, as the Secretary of the Interior may designate substituted for register, and Secretary of the Interior or such officer as he may designate substituted for Commissioner of the General Land Office on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and General Land Office and Commissioner thereof, and transferred functions of register of district land office to Secretary of the Interior and functions of General Land Office to a new agency in Department of the Interior to be known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title CHAPTER 24 DRAINAGE UNDER STATE LAWS  1021 to 1034. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 1021, act May 20, 1908, ch. 181,  1 35 Stat. 169  Section 1022, acts May 20, 1908, ch. 181,  2 35 Stat. 169 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 1023, act May 20, 1908, ch. 181,  3 35 Stat. 170  Section 1024, acts May 20, 1908, ch. 181,  4 35 Stat. 170 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 1025, acts May 20, 1908, ch. 181,  5 35 Stat. 170 Sept. 5, 1916, ch. 437 39 Stat. 722 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 1026, acts May 20, 1908, ch. 181,  6 35 Stat. 170 Sept. 5, 1916, ch. 437 39 Stat. 723 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 1027, acts May 20, 1908, ch. 181,  7 35 Stat. 171 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 1028, act Mar. 3, 1919, ch. 113 40 Stat. 1321 act Jan. 14, 1880, ch. 24 25 Stat. 642  Section 1029, Pub. L. 85387,  1 May 1, 1958 72 Stat. 99  Section 1030, Pub. L. 85387,  2 May 1, 1958 72 Stat. 100  Section 1031, Pub. L. 85387,  3 May 1, 1958 72 Stat. 100  Section 1032, Pub. L. 85387,  4 May 1, 1958 72 Stat. 100  Section 1033, Pub. L. 85387,  5 May 1, 1958 72 Stat. 100  Section 1034, Pub. L. 85387,  6 May 1, 1958 72 Stat. 101 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  1041 to 1048. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 1041, act Jan. 17, 1920, ch. 47,  1 41 Stat. 392  Section 1042, acts Jan. 17, 1920, ch. 47,  2 41 Stat. 392 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 1043, acts Jan. 17, 1920, ch. 47,  3 41 Stat. 393 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 1044, acts Jan. 17, 1920, ch. 47,  4 41 Stat. 393 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 1045, acts Jan. 17, 1920, ch. 47,  5 41 Stat. 393 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 1046, acts Jan. 17, 1920, ch. 47,  6 41 Stat. 393 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 1047, acts Jan. 17, 1920, ch. 47,  7 41 Stat. 394 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Section 1048, act Jan. 17, 1920, ch. 47,  8 41 Stat. 394 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title CHAPTER 25 UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING SETTLEMENT OR TRANSIT    Sec.  1061. Inclosure of or assertion of right to public lands without title.  1062. Suits for violations of law.  1063. Obstruction of settlement on or transit over public lands.  1064. Violations of chapter; punishment.  1065. Summary removal of inclosures.  1066. Permission of Secretary to sue.  1061. Inclosure of or assertion of right to public lands without title  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  1062. Suits for violations of law  It shall be the duty of the United States attorney for the proper district, on affidavit filed with him by any citizen of the United States that section 1061 of this title ( Feb. 25, 1885, ch. 149,  2 23 Stat. 321 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 June 25, 1948, ch. 646,  1 62 Stat. 909 Pub. L. 98620, title IV,  402(43) Nov. 8, 1984 98 Stat. 3360  Editorial Notes Amendments 1984 Pub. L. 98620 Statutory Notes and Related Subsidiaries  Change of Name Act June 25, 1948 Sept. 1, 1948 section 541 of Title 28 The words district court substituted for district or circuit court in two places to conform to act Mar. 3, 1911 Effective Date of 1984 Amendment Amendment by Pub. L. 98620 Nov. 8, 1984 section 403 of Pub. L. 98620 section 1657 of Title 28  1063. Obstruction of settlement on or transit over public lands  No person, by force, threats, intimidation, or by any fencing or inclosing, or any other unlawful means, shall prevent or obstruct, or shall combine and confederate with others to prevent or obstruct, any person from peaceably entering upon or establishing a settlement or residence on any tract of public land subject to settlement or entry under the public land laws of the United States, or shall prevent or obstruct free passage or transit over or through the public lands: Provided ( Feb. 25, 1885, ch. 149,  3 23 Stat. 322  Editorial Notes  References in Text The public land laws of the United States, referred to in text, are classified generally to this title.  1064. Violations of chapter; punishment  Any person violating any of the provisions of this chapter, whether as owner, part owner, or agent, or who shall aid, abet, counsel, advise, or assist in any violation hereof, shall be deemed guilty of a misdemeanor and fined in a sum not exceeding $1,000, or be imprisoned not exceeding one year, or both, for each offense. ( Feb. 25, 1885, ch. 149,  4 23 Stat. 322 Mar. 10, 1908, ch. 75 35 Stat. 40  1065. Summary removal of inclosures  The President is authorized to take such measures as shall be necessary to remove and destroy any unlawful inclosure of any of the public lands mentioned in this chapter, and to employ civil or military force as may be necessary for that purpose. ( Feb. 25, 1885, ch. 149,  5 23 Stat. 322  1066. Permission of Secretary to sue  Where the alleged unlawful inclosure includes less than one hundred and sixty acres of land, no suit shall be brought under the provisions of this chapter without authority from the Secretary of the Interior. ( Feb. 25, 1885, ch. 149,  6 23 Stat. 322 CHAPTER 25A LANDS HELD UNDER COLOR OF TITLE    Sec.  1068. Lands held in adverse possession; issuance of patent; reservation of minerals; conflicting claims.  1068a. Appraisal.  1068b. Mineral reservation.  1068. Lands held in adverse possession; issuance of patent; reservation of minerals; conflicting claims  The Secretary of the Interior (a) shall, whenever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse, possession by a claimant, his ancestors or grantors, under claim or color of title for more than twenty years, and that valuable improvements have been placed on such land or some part thereof has been reduced to cultivation, or (b) may, in his discretion, whenever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse, possession by a claimant, his ancestors or grantors, under claim or color of title for the period commencing not later than January 1, 1901 Provided Provided further And provided further ( Dec. 22, 1928, ch. 47,  1 45 Stat. 1069 July 28, 1953, ch. 254,  1 67 Stat. 227  Editorial Notes Amendments 1953Act July 28, 1953 Jan. 1, 1901  1068a. Appraisal  Upon the filing of an application to purchase any lands subject to the operation of this chapter, together with the required proof, the Secretary of the Interior shall cause the lands described in said application to be appraised, said appraisal to be on the basis of the value of such lands at the date of appraisal, exclusive of any increased value resulting from the development or improvement of the lands by the applicant or his predecessors in interest, and in such appraisal the Secretary shall consider and give full effect to the equities of any such applicant. ( Dec. 22, 1928, ch. 47,  2 45 Stat. 1070  1068b. Mineral reservation  If the claimant requests that the patent to be issued under this chapter not contain a mineral reservation and if he can establish to the satisfaction of the Secretary that the requirements of this chapter have been complied with by such claimant and his predecessors for the period commencing not later than January 1, 1901 ( Dec. 22, 1928, ch. 47,  3 July 28, 1953, ch. 254,  2 67 Stat. 228 CHAPTER 26 ABANDONED MILITARY RESERVATIONS  1071 to 1073. Repealed. Oct. 31, 1951, ch. 654,  1(114) 65 Stat. 706   Section 1071, act July 5, 1884, ch. 214,  1 23 Stat. 103  Section 1072, act July 5, 1884, ch. 214,  2 23 Stat. 103  Section 1073, act July 5, 1884, ch. 214,  3 23 Stat. 103  1074. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section, act July 5, 1884, ch. 214,  5 23 Stat. 104 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  1075. Repealed. Pub. L. 94579, title VII Oct. 21, 1976 90 Stat. 2787   Section, act Aug. 21, 1916, ch. 361 39 Stat. 518 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  1076 to 1081. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 1076, act Mar. 3, 1893, ch. 208 27 Stat. 593  Section 1077, acts Aug. 23, 1894, ch. 314,  1 28 Stat. 491 Feb. 15, 1895, ch. 92,  1 28 Stat. 664  Section 1078, act Aug. 23, 1894, ch. 314,  2 28 Stat. 491 section 1077 of this title July 5, 1884  Section 1079, act Feb. 11, 1903, ch. 543 32 Stat. 822  Section 1080, act Feb. 15, 1895, ch. 92,  1 28 Stat. 664 July 5, 1884  Section 1081, act Aug. 23, 1894, ch. 314,  3 Apr. 23, 1904, ch. 1496 33 Stat. 306 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title CHAPTER 27 PUBLIC LANDS IN OKLAHOMA    SUBCHAPTER IGENERAL PROVISIONS  Sec.  1091 1094. Repealed.  1095. Reservations between sections for highway purposes.  1096 1098. Repealed.  1099. Division into counties before opening to settlement; reservation for county seats.  1100 1102g. Repealed.  SUBCHAPTER IITOWN SITES  1111 1119. Repealed.  SUBCHAPTER IIILANDS IN GREER COUNTY  1131 1134. Repealed. SUBCHAPTER I GENERAL PROVISIONS  1091 to 1094. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 1091, act May 2, 1890, ch. 182,  18 26 Stat. 90  Section 1092, act May 2, 1890, ch. 182,  20 26 Stat. 91  Section 1093, act May 2, 1890, ch. 182,  21 26 Stat. 91  Section 1094, act May 2, 1890, ch. 182,  22 26 Stat. 91 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  1095. Reservations between sections for highway purposes  There shall be reserved public highways four rods wide between each section of land in said former Territory of Oklahoma, the section lines being the center of said highways; but no deduction shall be made, where cash payments are provided for, in the amount to be paid for each quarter section of land by reason of such reservation. But if the said highway shall be vacated by any competent authority, the title to the respective strips shall inure to the then owner of the tract of which it formed a part by the original survey. ( May 2, 1890, ch. 182,  23 26 Stat. 92  1096 to 1098. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 1096, act May 2, 1890, ch. 182,  24 26 Stat. 92  Section 1097, act May 2, 1890, ch. 182,  27 26 Stat. 93 May 2, 1890  Section 1098, act Mar. 3, 1891, ch. 543,  16 26 Stat. 1026 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  1099. Division into counties before opening to settlement; reservation for county seats  Before any lands in Oklahoma are open to settlement it shall be the duty of the Secretary of the Interior to divide the same into counties which shall contain as near as possible not less than seven hundred square miles in each county: Provided 1 1 ( Mar. 3, 1891, ch. 543,  37 26 Stat. 1043  Editorial Notes  References in Text Sections 718 and 719 of this title, referred to in text, were repealed by Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789  1100 to 1102g. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 1100, acts Aug. 7, 1946, ch. 772,  1 60 Stat. 872 64 Stat. 903  Section 1101, act Aug. 7, 1946, ch. 772,  2 60 Stat. 872  Section 1102, act Aug. 3, 1955, ch. 498,  1 69 Stat. 445  Section 1102a, act Aug. 3, 1955, ch. 498,  2 69 Stat. 445  Section 1102b, act Aug. 3, 1955, ch. 498,  3 69 Stat. 446  Section 1102c, act Aug. 3, 1955, ch. 498,  4 69 Stat. 446  Section 1102d, act Aug. 3, 1955, ch. 498,  5 69 Stat. 446  Section 1102e, act Aug. 3, 1955, ch. 498,  6 69 Stat. 446  Section 1102f, act Aug. 3, 1955, ch. 498,  7 69 Stat. 447  Section 1102g, act Aug. 3, 1955, ch. 498,  8 69 Stat. 447 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER II TOWN SITES  1111 to 1119. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 1111, acts May 14, 1890, ch. 207,  1 26 Stat. 109 July 7, 1898, ch. 571,  1 30 Stat. 674  Section 1112, acts May 14, 1890, ch. 207,  2 26 Stat. 109 July 7, 1898, ch. 571,  1 30 Stat. 674  Section 1113, act May 14, 1890, ch. 207,  3 26 Stat. 109  Section 1114, act May 14, 1890, ch. 207,  4 26 Stat. 109  Section 1115, acts May 14, 1890, ch. 207,  5 26 Stat. 109 July 7, 1898, ch. 571,  1 30 Stat. 674 Jan. 1, 1899  Section 1116, acts May 14, 1890, ch. 207,  6 26 Stat. 110 July 7, 1898, ch. 571,  1 30 Stat. 674  Section 1117, acts May 14, 1890, ch. 207,  7 26 Stat. 110 July 7, 1898, ch. 571,  1 30 Stat. 674  Section 1118, act Sept. 1, 1893 28 Stat. 11  Section 1119, act May 11, 1896, ch. 168 29 Stat. 117 July 16, 1946 60 Stat. 1100 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER III LANDS IN GREER COUNTY  1131 to 1134. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 1131, acts Jan. 18, 1897, ch. 62,  1 29 Stat. 490 June 23, 1897, ch. 8 30 Stat. 105 Mar. 1, 1899, ch. 328 30 Stat. 966  Section 1132, act Jan. 18, 1897, ch. 62,  2 29 Stat. 490  Section 1133, act Jan. 18, 1897, ch. 62,  3 29 Stat. 490  Section 1134, act Jan. 18, 1897, ch. 62,  7 29 Stat. 491 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title CHAPTER 28 MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS    SUBCHAPTER IPATENTS FOR PRIVATE LAND CLAIMS  Sec.  1151 1156. Repealed.  SUBCHAPTER IIDISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR  1161 1167. Transferred.  SUBCHAPTER IIISALES OF ISOLATED TRACTS  1171 1177. Repealed.  SUBCHAPTER IVTIMBER CULTURE  1181. Omitted.  SUBCHAPTER VOREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS  1181a 1181b. Transferred.  1181c. Repealed.  1181d 1181j. Transferred.  SUBCHAPTER VIDISPOSAL OF MATERIALS ON PUBLIC LANDS  1185 1188. Transferred.  SUBCHAPTER VIIEVIDENCES OF TITLE  1191 1193. Repealed.  SUBCHAPTER VIIIINDIAN LANDS  1195 1197. Transferred.  1198 1200e. Omitted.  SUBCHAPTER IXENFORCEMENT OF PROVISIONS  1201. Transferred.  SUBCHAPTER XOATHS IN CERTAIN LAND MATTERS  1211 1212. Transferred.  SUBCHAPTER XIWISCONSIN RIVER AND LAKE LAND TITLES  1221 1223. Omitted.  SUBCHAPTER XIIMOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS BY SECRETARY OF THE INTERIOR  1231 1234. Repealed.  SUBCHAPTER XIIISTATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS  1241 1243. Transferred. SUBCHAPTER I PATENTS FOR PRIVATE LAND CLAIMS  1151 to 1156. Repealed. Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792   Section 1151, R.S.  2447; act Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100  Section 1152, R.S.  2448, related to effect of patents to persons dead before issue.  Section 1153, act June 6, 1874, ch. 223,  1 18 Stat. 62 June 6, 1874  Section 1154, act June 6, 1874, ch. 223,  2 18 Stat. 62 June 6, 1874  Section 1155, act Jan. 28, 1879, ch. 30 20 Stat. 274 July 16, 1946 60 Stat. 1100  Section 1156, act May 30, 1894, ch. 87 28 Stat. 84 July 16, 1946 60 Stat. 1100 Jan. 28, 1879 section 1155 of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER II DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR  1161. Transferred  Editorial Notes Codification Section 1161 was editorially reclassified as section 2501 of this title  1162. Transferred  Editorial Notes Codification Section 1162 was editorially reclassified as section 2502 of this title  1163. Transferred  Editorial Notes Codification Section 1163 was editorially reclassified as section 2503 of this title  1164. Transferred  Editorial Notes Codification Section 1164 was editorially reclassified as section 2504 of this title  1165. Transferred  Editorial Notes Codification Section 1165 was editorially reclassified as section 2505 of this title  1166. Transferred  Editorial Notes Codification Section 1166 was editorially reclassified as section 2506 of this title  1167. Transferred  Editorial Notes Codification Section 1167 was editorially reclassified as section 2507 of this title SUBCHAPTER III SALES OF ISOLATED TRACTS  1171 to 1173. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 1171, R.S.  2455; acts Feb. 26, 1895, ch. 133 28 Stat. 687 June 27, 1906, ch. 3554 34 Stat. 517 Mar. 28, 1912, ch. 67 37 Stat. 77 Mar. 9, 1928, ch. 164 45 Stat. 253 June 28, 1934, ch. 865,  14 48 Stat. 1274 July 30, 1947, ch. 383 61 Stat. 630  Section 1171a, act Apr. 24, 1928, ch. 428 45 Stat. 457 section 1171 of this title  Section 1171b, act May 23, 1930, ch. 313 46 Stat. 377 section 1171 of this title  Section 1172, act Feb. 4, 1919, ch. 13 40 Stat. 1055 section 1171 of this title  Section 1173, act May 10, 1920, ch. 178 41 Stat. 595 section 1171 of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  1174. Repealed. Aug. 28, 1937, ch. 876 50 Stat. 876   Section, act May 25, 1920, ch. 200 41 Stat. 622 section 2601 of this title  1175 to 1177. Repealed. Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789   Section 1175, act Aug. 11, 1921, ch. 62 42 Stat. 159 section 1171 of this title  Section 1176, act May 19, 1926, ch. 337 44 Stat. 566 section 1171 of this title  Section 1177, act Feb. 14, 1931, ch. 170 46 Stat. 1105 section 1171 of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER IV TIMBER CULTURE  1181. Omitted  Editorial Notes Codification Section, act Mar. 3, 1891, ch. 561,  1 26 Stat. 1095 Mar. 3, 1893, ch. 208 27 Stat. 593 July 16, 1946 60 Stat. 1100 act June 14, 1878, ch. 190 20 Stat. 113 SUBCHAPTER V OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS  1181a. Transferred  Editorial Notes Codification Section 1181a was editorially reclassified as section 2601 of this title  1181b. Transferred  Editorial Notes Codification Section 1181b was editorially reclassified as section 2602 of this title  1181c. Repealed. Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787   Section, act Aug. 28, 1937, ch. 876, title I,  3 50 Stat. 875 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Oct. 21, 1976 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  1181d. Transferred  Editorial Notes Codification Section 1181d was editorially reclassified as section 2603 of this title  1181e. Transferred  Editorial Notes Codification Section 1181e was editorially reclassified as section 2604 of this title  1181f. 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. 10366, title XIII,  13983 Aug. 10, 1993 107 Stat. 682 Pub. L. 103443,  1(b) Nov. 2, 1994 108 Stat. 4631 Pub. L. 106393, title IV,  404 Oct. 30, 2000 114 Stat. 1623  1181f1. Transferred  Editorial Notes Codification Section 1181f1 was editorially reclassified as section 2621 of this title  1181f2. Transferred  Editorial Notes Codification Section 1181f2 was editorially reclassified as section 2622 of this title  1181f3. Transferred  Editorial Notes Codification Section 1181f3 was editorially reclassified as section 2623 of this title  1181f4. Transferred  Editorial Notes Codification Section 1181f4 was editorially reclassified as section 2624 of this title  1181g. Transferred  Editorial Notes Codification Section 1181g was editorially reclassified as section 2631 of this title  1181h. Transferred  Editorial Notes Codification Section 1181h was editorially reclassified as section 2632 of this title  1181i. Transferred  Editorial Notes Codification Section 1181i was editorially reclassified as section 2633 of this title  1181j. Transferred  Editorial Notes Codification Section 1181j was editorially reclassified as section 2634 of this title SUBCHAPTER VI DISPOSAL OF MATERIALS ON PUBLIC LANDS  1185 to 1188. Transferred  Editorial Notes Codification Section 1185, acts July 31, 1947, ch. 406,  1 61 Stat. 681 July 23, 1955, ch. 375,  1 69 Stat. 367 section 601 of Title 30 Section 1186, act July 31, 1947, ch. 406,  2 61 Stat. 681 section 602 of Title 30 Section 1187, acts July 31, 1947, ch. 406,  3 61 Stat. 681 Aug. 31, 1950, ch. 830 64 Stat. 571 July 23, 1955, ch. 375,  2 69 Stat. 368 section 603 of Title 30 Section 1188, act July 31, 1947, ch. 406,  4 Aug. 31, 1950, ch. 830 64 Stat. 572 section 604 of Title 30 SUBCHAPTER VII EVIDENCES OF TITLE  1191 to 1193. Repealed. Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792   Section 1191, R.S.  2471, related to falsely making or altering instruments concerning lands, mines, or minerals in California.  Section 1192, R.S.  2472, related to falsely dating evidence of title under Mexican authority to lands in California.  Section 1193, R.S.  2473, related to presenting false or counterfeited evidences of title to lands in California. Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER VIII INDIAN LANDS  1195. Transferred  Editorial Notes Codification Section 1195 was editorially reclassified as section 424 of Title 25  1196. Transferred  Editorial Notes Codification Section 1196 was editorially reclassified as section 425 of Title 25  1197. Transferred  Editorial Notes Codification Section 1197 was editorially reclassified as section 426 of Title 25  1198. Omitted  Editorial Notes Codification Section, act July 6, 1954, ch. 463,  1 68 Stat. 452  1199. Omitted  Editorial Notes Codification Section, act July 6, 1954, ch. 463,  2 68 Stat. 452  1200. Omitted  Editorial Notes Codification Section, act July 6, 1954, ch. 463,  3 68 Stat. 453 section 1199(a) of this title  1200a. Omitted  Editorial Notes Codification Section, act July 6, 1954, ch. 463,  4 68 Stat. 453 section 1199(a) of this title  1200b. Omitted  Editorial Notes Codification Section, act July 6, 1954, ch. 463,  5 68 Stat. 453  1200c. Omitted  Editorial Notes Codification Section, act July 6, 1954, ch. 463,  6 68 Stat. 453  1200d. Omitted  Editorial Notes Codification Section, act July 6, 1954, ch. 463,  7 68 Stat. 453  1200e. Omitted  Editorial Notes Codification Section, act July 6, 1954, ch. 463,  8 68 Stat. 453 SUBCHAPTER IX ENFORCEMENT OF PROVISIONS  1201. Transferred  Editorial Notes Codification Section 1201 was editorially reclassified as section 1457c of this title SUBCHAPTER X OATHS IN CERTAIN LAND MATTERS  1211. Transferred  Editorial Notes Codification Section 1211 was editorially reclassified as section 1476 of this title  1212. Transferred  Editorial Notes Codification Section 1212 was editorially reclassified as section 1476a of this title SUBCHAPTER XI WISCONSIN RIVER AND LAKE LAND TITLES  1221. Omitted  Editorial Notes Codification Section, act Aug. 24, 1954, ch. 900,  1 68 Stat. 789  1222. Omitted  Editorial Notes Codification Section, act Aug. 24, 1954, ch. 900,  2 68 Stat. 790  1223. Omitted  Editorial Notes Codification Section, act Aug. 24, 1954, ch. 900,  3 68 Stat. 790 SUBCHAPTER XII MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS BY SECRETARY OF THE INTERIOR  1231 to 1234. Repealed. Pub. L. 91646, title II,  220(a)(1) Jan. 2, 1971 84 Stat. 1903   Section 1231, Pub. L. 85433,  1 May 29, 1958 72 Stat. 152  Section 1232, Pub. L. 85433,  2 May 29, 1958 72 Stat. 152  Section 1233, Pub. L. 85433,  3 May 29, 1958 72 Stat. 152  Section 1234, Pub. L. 85433,  4 May 29, 1958 72 Stat. 152 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 2, 1971 section 221 of Pub. L. 91646 section 4601 of Title 42 Savings Provision Any rights or liabilities existing under provisions repealed by section 220(a) of Pub. L. 91646 section 220(b) of Pub. L. 91646 section 4621 of Title 42 SUBCHAPTER XIII STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS  1241. Transferred  Editorial Notes Codification Section 1241 was editorially reclassified as section 2701 of this title  1242. Transferred  Editorial Notes Codification Section 1242 was editorially reclassified as section 2702 of this title  1243. Transferred  Editorial Notes Codification Section 1243 was editorially reclassified as section 2703 of this title CHAPTER 29 SUBMERGED LANDS    SUBCHAPTER IGENERAL PROVISIONS  Sec.  1301. Definitions.  1302. Resources seaward of Continental Shelf.  1303. Amendment, modification, or repeal of other laws.  SUBCHAPTER IILANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES  1311. Rights of States.  1312. Seaward boundaries of States.  1313. Exceptions from operation of section 1311 of this title  1314. Rights and powers retained by United States; purchase of natural resources; condemnation of lands.  1315. Rights acquired under laws of United States unaffected.  SUBCHAPTER IIIOUTER CONTINENTAL SHELF LANDS  1331. Definitions.  1332. Congressional declaration of policy.  1333. Laws and regulations governing lands.  1334. Administration of leasing.  1335. Validation and maintenance of prior leases.  1336. Controversies over jurisdiction; agreements; payments; final settlement or adjudication; approval of notice concerning oil and gas operations in Gulf of Mexico.  1337. Leases, easements, and rights-of-way on the outer Continental Shelf.  1338. Disposition of revenues.  1338a. Moneys received as a result of forfeiture by Outer Continental Shelf permittee, lessee, or right-of-way holder; return of excess amounts.  1339. Repealed.  1340. Geological and geophysical explorations.  1341. Reservation of lands and rights.  1342. Prior claims as unaffected.  1343. Repealed.  1344. Outer Continental Shelf leasing program.  1345. Coordination and consultation with affected State and local governments.  1346. Environmental studies.  1347. Safety and health regulations.  1348. Enforcement of safety and environmental regulations.  1349. Citizens suits, jurisdiction and judicial review.  1350. Remedies and penalties.  1351. Oil and gas development and production.  1352. Oil and gas information program.  1353. Federal purchase and disposition of oil and gas.  1354. Limitations on export of oil or gas.  1355. Restrictions on employment of former officers or employees of Department of the Interior.  1356. Documentary, registry and manning requirements.  1356a. Coastal impact assistance program.  1356b. Transboundary hydrocarbon agreements.  1356c. Wind lease sales for areas of the outer Continental Shelf offshore of territories of the United States. SUBCHAPTER I GENERAL PROVISIONS  1301. Definitions When used in this subchapter and subchapter II (a) The term lands beneath navigable waters means (1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction; (2) all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends seaward (or into the Gulf of Mexico) beyond three geographical miles, 1 1 (3) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as hereinabove defined; (b) The term boundaries includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to section 1312 of this title (c) The term coast line means the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters; (d) The terms grantees and lessees include (without limiting the generality thereof) all political subdivisions, municipalities, public and private corporations, and other persons holding grants or leases from a State, or from its predecessor sovereign if legally validated, to lands beneath navigable waters if such grants or leases were issued in accordance with the constitution, statutes, and decisions of the courts of the State in which such lands are situated, or of its predecessor sovereign: Provided, however (e) The term natural resources includes, without limiting the generality thereof, oil, gas, and all other minerals, and fish, shrimp, oysters, clams, crabs, lobsters, sponges, kelp, and other marine animal and plant life but does not include water power, or the use of water for the production of power; (f) The term lands beneath navigable waters does not include the beds of streams in lands now or heretofore constituting a part of the public lands of the United States if such streams were not meandered in connection with the public survey of such lands under the laws of the United States and if the title to the beds of such streams was lawfully patented or conveyed by the United States or any State to any person; (g) The term State means any State of the Union; (h) The term person includes, in addition to a natural person, an association, a State, a political subdivision of a State, or a private, public, or municipal corporation. ( May 22, 1953, ch. 65 67 Stat. 29 Pub. L. 99272, title VIII,  8005 Apr. 7, 1986 100 Stat. 151  Editorial Notes Amendments 1986Subsec. (b). Pub. L. 99272 Statutory Notes and Related Subsidiaries Short Title of 1995 Amendment Pub. L. 10458, title III,  301 Nov. 28, 1995 109 Stat. 563 This title [amending section 1337 of this title section 1337 of this title Short Title of 1986 Amendments Pub. L. 99367,  1 July 31, 1986 100 Stat. 774 That this Act [enacting section 1865 of this title section 1343 of this title section 1861 of this title Pub. L. 99272, title VIII,  8001 Apr. 7, 1986 100 Stat. 147 This title [amending this section and sections 1332 and 1337 of this title and enacting provisions set out as a note under section 1337 of this title Short Title Act Aug. 7, 1953, ch. 345,  1 67 Stat. 462 This Act [enacting subchapter III of this chapter] may be cited as the Outer Continental Shelf Lands Act. Act May 22, 1953, ch. 65,  1 67 Stat. 29 This Act [enacting subchapters I and II of this chapter] may be cited as the Submerged Lands Act. Separability Act May 22, 1953, ch. 65, title II,  11 67 Stat. 33 If any provision of this Act [enacting subchapters I and II of this chapter], or any section, subsection, sentence, clause, phrase or individual word, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase or individual word to other persons and circumstances shall not be affected thereby; without limiting the generality of the foregoing, if subsection 3(a)1, 3(a)2, 3(b)1, 3(b)2, 3(b)3, or 3(c) [section 1311(a)(1), (a)(2), (b)(1), (b)(2), (b)(3), (c) of this title] or any provision of any of those subsections is held invalid, such subsection or provision shall be held separable and the remaining subsections and provisions shall not be affected thereby. Applicability to Alaska and Hawaii Applicability of this chapter to the State of Hawaii, see section 5(i) of Pub. L. 863 Mar. 18, 1959 73 Stat. 6 section 491 of Title 48 Applicability of subchapters I and II of this chapter to the State of Alaska, see section 6(m) of Pub. L. 85508 section 21 of Title 48  Naval Petroleum Reserve Act May 22, 1953, ch. 65, title II,  10 67 Stat. 33 Jan. 16, 1953 Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  1302. Resources seaward of Continental Shelf  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 ( May 22, 1953, ch. 65 67 Stat. 32  1303. Amendment, modification, or repeal of other laws  Nothing in this subchapter or subchapter II shall be deemed to amend, modify, or repeal the Acts of July 26, 1866 14 Stat. 251 July 9, 1870 16 Stat. 217 March 3, 1877 19 Stat. 377 June 17, 1902 32 Stat. 388 December 22, 1944 58 Stat. 887 ( May 22, 1953, ch. 65 67 Stat. 32  Editorial Notes  References in Text Act July 26, 1866 14 Stat. 251 act July 26, 1866, ch. 262 14 Stat. 251 Act July 9, 1870 16 Stat. 217 act July 9, 1870, ch. 235 16 Stat. 217 Act March 3, 1877 19 Stat. 377 act Mar. 3, 1877, ch. 107 19 Stat. 377 Act June 17, 1902 32 Stat. 388 section 371 of this title Act December 22, 1944 58 Stat. 887 act Dec. 22, 1944, ch. 665 58 Stat. 887 section 390 of this title section 701b1 of Title 33 section 701f of Title 33 SUBCHAPTER II LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES  1311. Rights of States (a) Confirmation and establishment of title and ownership of lands and resources; management, administration, leasing, development, and use It is determined and declared to be in the public interest that (1) title to and ownership of the lands beneath navigable waters within the boundaries of the respective States, and the natural resources within such lands and waters, and (2) the right and power to manage, administer, lease, develop, and use the said lands and natural resources all in accordance with applicable State law be, and they are, subject to the provisions hereof, recognized, confirmed, established, and vested in and assigned to the respective States or the persons who were on June 5, 1950 (b) Release and relinquishment of title and claims of United States; payment to States of moneys paid under leases (1) The United States releases and relinquishes unto said States and persons aforesaid, except as otherwise reserved herein, all right, title, and interest of the United States, if any it has, in and to all said lands, improvements, and natural resources; (2) the United States releases and relinquishes all claims of the United States, if any it has, for money or damages arising out of any operations of said States or persons pursuant to State authority upon or within said lands and navigable waters; and (3) the Secretary of the Interior or the Secretary of the Navy or the Treasurer of the United States shall pay to the respective States or their grantees issuing leases covering such lands or natural resources all moneys paid thereunder to the Secretary of the Interior or to the Secretary of the Navy or to the Treasurer of the United States and subject to the control of any of them or to the control of the United States on May 22, 1953 (c) Leases in effect on June 5, 1950 The rights, powers, and titles hereby recognized, confirmed, established, and vested in and assigned to the respective States and their grantees are subject to each lease executed by a State, or its grantee, which was in force and effect on June 5, 1950 Provided, however December 11, 1950 December 11, 1950 May 22, 1953 December 11, 1950 Provided, however May 22, 1953 June 5, 1950 May 22, 1953 (d) Authority and rights of United States respecting navigation, flood control and production of power Nothing in this subchapter or subchapter I shall affect the use, development, improvement, or control by or under the constitutional authority of the United States of said lands and waters for the purposes of navigation or flood control or the production of power, or be construed as the release or relinquishment of any rights of the United States arising under the constitutional authority of Congress to regulate or improve navigation, or to provide for flood control, or the production of power; (e) Ground and surface waters west of 98th meridian Nothing in this subchapter or subchapter I shall be construed as affecting or intended to affect or in any way interfere with or modify the laws of the States which lie wholly or in part westward of the ninety-eighth meridian, relating to the ownership and control of ground and surface waters; and the control, appropriation, use, and distribution of such waters shall continue to be in accordance with the laws of such States. ( May 22, 1953, ch. 65 67 Stat. 30  Statutory Notes and Related Subsidiaries Separability Provisions of this section as separable, see section 11 of act May 22, 1953 section 1301 of this title  1312. Seaward boundaries of States  The seaward boundary of each original coastal State is approved and confirmed as a line three geographical miles distant from its coast line or, in the case of the Great Lakes, to the international boundary. Any State admitted subsequent to the formation of the Union which has not already done so may extend its seaward boundaries to a line three geographical miles distant from its coast line, or to the international boundaries of the United States in the Great Lakes or any other body of water traversed by such boundaries. Any claim heretofore or hereafter asserted either by constitutional provision, statute, or otherwise, indicating the intent of a State so to extend its boundaries is approved and confirmed, without prejudice to its claim, if any it has, that its boundaries extend beyond that line. Nothing in this section is to be construed as questioning or in any manner prejudicing the existence of any States seaward boundary beyond three geographical miles if it was so provided by its constitution or laws prior to or at the time such State became a member of the Union, or if it has been heretofore approved by Congress. ( May 22, 1953, ch. 65 67 Stat. 31  1313. Exceptions from operation of section 1311 of this title There is excepted from the operation of section 1311 of this title (a) all tracts or parcels of land together with all accretions thereto, resources therein, or improvements thereon, title to which has been lawfully and expressly acquired by the United States from any State or from any person in whom title had vested under the law of the State or of the United States, and all lands which the United States lawfully holds under the law of the State; all lands expressly retained by or ceded to the United States when the State entered the Union (otherwise than by a general retention or cession of lands underlying the marginal sea); all lands acquired by the United States by eminent domain proceedings, purchase, cession, gift, or otherwise in a proprietary capacity; all lands filled in, built up, or otherwise reclaimed by the United States for its own use; and any rights the United States has in lands presently and actually occupied by the United States under claim of right; (b) such lands beneath navigable waters held, or any interest in which is held by the United States for the benefit of any tribe, band, or group of Indians or for individual Indians; and (c) all structures and improvements constructed by the United States in the exercise of its navigational servitude. ( May 22, 1953, ch. 65 67 Stat. 32  1314. Rights and powers retained by United States; purchase of natural resources; condemnation of lands (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 67 Stat. 32  1315. Rights acquired under laws of United States unaffected  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 ( May 22, 1953, ch. 65 67 Stat. 32 SUBCHAPTER III OUTER CONTINENTAL SHELF LANDS  1331. Definitions In this subchapter: (a)  Outer Continental Shelf The term outer Continental Shelf means (1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 1301 of this title (2) does not include any area conveyed by Congress to a territorial government for administration; (b)  Secretary The term Secretary means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ( 42 U.S.C. 7101 (c)  Lease The term lease means any form of authorization which is issued under section 1337 of this title section 1335 of this title (d)  Person The term person includes, in addition to a natural person, an association, a State, a political subdivision of a State, or a private, public, or municipal corporation. (e)  Coastal zone The term coastal zone means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal States, and includes islands, transition and intertidal areas, salt marshes, wetlands, and beaches, which zone extends seaward to the outer limit of the United States territorial sea and extends inland from the shorelines to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and the inward boundaries of which may be identified by the several coastal States, pursuant to the authority of section 1454(b)(1) 1 1 (f)  Affected State The term affected State means, with respect to any program, plan, lease sale, or other activity, proposed, conducted, or approved pursuant to the provisions of this subchapter, any State (1) the laws of which are declared, pursuant to section 1333(a)(2) of this title (2) which is, or is proposed to be, directly connected by transportation facilities to any artificial island or structure referred to in section 1333(a)(1) of this title (3) which is receiving, or in accordnace 2 2 (4) which is designated by the Secretary as a State in which there is a substantial probability of significant impact on or damage to the coastal, marine, or human environment, or a State in which there will be significant changes in the social, governmental, or economic infrastructure, resulting from the exploration, development, and production of oil and gas anywhere on the outer Continental Shelf; or (5) in which the Secretary finds that because of such activity there is, or will be, a significant risk of serious damage, due to factors such as prevailing winds and currents, to the marine or coastal environment in the event of any oilspill, blowout, or release of oil or gas from vessels, pipelines, or other transshipment facilities. (g)  Marine environment The term marine environment means the physical, atmospheric, and biological components, conditions, and factors which interactively determine the productivity, state, condition, and quality of the marine ecosystem, including the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt marshes, and wetlands within the coastal zone and on the outer Continental Shelf. (h)  Coastal environment The term coastal environment means the physical atmospheric, and biological components, conditions, and factors which interactively determine the productivity, state, condition, and quality of the terrestrial ecosystem from the shoreline inward to the boundaries of the coastal zone. (i)  Human environment The term human environment means the physical, social, and economic components, conditions, and factors which interactively determine the state, condition, and quality of living conditions, employment, and health of those affected, directly or indirectly, by activities occurring on the outer Continental Shelf. (j)  Governor The term Governor means the Governor of a State, or the person or entity designated by, or pursuant to, State law to exercise the powers granted to such Governor pursuant to this subchapter. (k)  Exploration The term exploration means the process of searching for minerals, including (1) geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of such minerals, and (2) any drilling, whether on or off known geological structures, including the drilling of a well in which a discovery of oil or natural gas in paying quantities is made and the drilling of any additional delineation well after such discovery which is needed to delineate any reservoir and to enable the lessee to determine whether to proceed with development and production. (l)  Development The term development means those activities which take place following discovery of minerals in paying quantities, including geophysical activity, drilling, platform construction, and operation of all onshore support facilities, and which are for the purpose of ultimately producing the minerals discovered. (m)  Production The term production means those activities which take place after the successful completion of any means for the removal of minerals, including such removal, field operations, transfer of minerals to shore, operation monitoring, maintenance, and work-over drilling. (n)  Antitrust law The term antitrust law means (1) the Sherman Act ( 15 U.S.C. 1 (2) the Clayton Act ( 15 U.S.C. 12 (3) the Federal Trade Commission Act ( 15 U.S.C. 41 (4) the Wilson Tariff Act ( 15 U.S.C. 8 (5) the Act of June 19, 1936 15 U.S.C. 13 (o)  Fair market value The term fair market value means the value of any mineral (1) computed at a unit price equivalent to the average unit price at which such mineral was sold pursuant to a lease during the period for which any royalty or net profit share is accrued or reserved to the United States pursuant to such lease, or (2) if there were no such sales, or if the Secretary finds that there were an insufficient number of such sales to equitably determine such value, computed at the average unit price at which such mineral was sold pursuant to other leases in the same region of the outer Continental Shelf during such period, or (3) if there were no sales of such mineral from such region during such period, or if the Secretary finds that there are an insufficient number of such sales to equitably determine such value, at an appropriate price determined by the Secretary. (p)  Major Federal action The term major Federal action means any action or proposal by the Secretary which is subject to the provisions of section 4332(2)(C) of title 42 (q)  Minerals The term minerals includes oil, gas, sulphur, geopressured-geothermal and associated resources, and all other minerals which are authorized by an Act of Congress to be produced from public lands as defined in section 1702 of this title 3 3 (r)  4 4 Carbon dioxide stream. (1)  In general The term carbon dioxide stream means carbon dioxide that (A) has been captured; and (B) consists overwhelmingly of (i) carbon dioxide plus incidental associated substances derived from the source material or capture process; and (ii) any substances added to the stream for the purpose of enabling or improving the injection process. (2)  Exclusions The term carbon dioxide stream does not include additional waste or other matter added to the carbon dioxide stream for the purpose of disposal. (s)  Carbon sequestration The term carbon sequestration means the act of storing carbon dioxide that has been removed from the atmosphere or captured through physical, chemical, or biological processes that can prevent the carbon dioxide from reaching the atmosphere. (r)  5 5 (1) each of the several States; (2) the Commonwealth of Puerto Rico; (3) Guam; (4) American Samoa; (5) the United States Virgin Islands; and (6) the Commonwealth of the Northern Mariana Islands. ( Aug. 7, 1953, ch. 345,  2 67 Stat. 462 Pub. L. 95372, title II,  201 Sept. 18, 1978 92 Stat. 632 Pub. L. 11758, div. D, title III,  40307(a) Nov. 15, 2021 135 Stat. 1002 Pub. L. 117169, title V,  50251(b)(1)(A) Aug. 16, 2022 136 Stat. 2054  Editorial Notes  References in Text The Department of Energy Organization Act, referred to in subsec. (b), is Pub. L. 9591 Aug. 4, 1977 91 Stat. 565 section 7101 of Title 42 Section 1454(b) of title 16 Pub. L. 101508, title VI,  6205 Nov. 5, 1990 104 Stat. 1388302 The Sherman Act, referred to in subsec. (n)(1), is act July 2, 1890, ch. 647 26 Stat. 209 section 1 of Title 15 The Clayton Act, referred to in subsec. (n)(2), is act Oct. 15, 1914, ch. 323 38 Stat. 730 section 12 of Title 15 The Federal Trade Commission Act, referred to in subsec. (n)(3), is act Sept. 26, 1914, ch. 311 38 Stat. 717 section 58 of Title 15 The Wilson Tariff Act, referred to in subsec. (n)(4), is act Aug. 27, 1894, ch. 349 28 Stat. 570 section 8 of Title 15 Act of June 19, 1936 act June 19, 1936, ch. 592 49 Stat. 1526 section 13 of Title 15 section 13 of Title 15 Amendments 2022Subsec. (a). Pub. L. 117169,  50251(b)(1)(A)(i)(I) (1) all for means all and added par. (2). Subsec. (a)(1). Pub. L. 117169,  50251(b)(1)(A)(i)(II) Pub. L. 11758,  40307(a)(3) Subsec. (p). Pub. L. 117169,  50251(b)(1)(A)(ii) Pub. L. 11758,  40307(a)(3) Subsec. (q). Pub. L. 117169,  50251(b)(1)(A)(iii) Subsec. (r). Pub. L. 117169,  50251(b)(1)(A)(iv) 2021 Pub. L. 11758,  40307(a)(1) Subsecs. (a) to (q). Pub. L. 11758,  40307(a)(2) o Subsecs. (r), (s). Pub. L. 11758,  40307(a)(4) 1978Subsec. (b). Pub. L. 95372,  201(a) Subsec. (c). Pub. L. 95372,  201(a) section 1337 of this title section 1335 of this title Subsec. (d). Pub. L. 95372,  201(b)(1) Subsecs. (e) to (q). Pub. L. 95372,  201(b)(2) Statutory Notes and Related Subsidiaries Short Title of 1978 Amendment For short title of Pub. L. 95372 section 1 of Pub. L. 95372 section 1801 of this title Short Title For short title of act Aug. 7, 1953 Aug. 7, 1953 Separability Act Aug. 7, 1953, ch. 345,  17 67 Stat. 471 If any provision of this Act [enacting this subchapter], or any section, subsection, sentence, clause, phrase or individual word, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase or individual word to other persons and circumstances shall not be affected thereby.  Transfer of Functions Functions of Secretary of the Interior to promulgate regulations under this subchapter which relate to fostering of competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures, terms, and conditions for acquisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42 Section 7152(b) of Title 42 Pub. L. 97100, title II,  201 Dec. 23, 1981 95 Stat. 1407 Nov. 5, 1981 Regulations Pub. L. 11758, div. D, title III,  40307(d) Nov. 15, 2021 135 Stat. 1003 Not later than 1 year after the date of enactment of this Act [ Nov. 15, 2021 section 1337 of this title 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. 11758 section 18851 of Title 42 Gulf of Mexico Energy Security Pub. L. 109432, div. C, title I Dec. 20, 2006 120 Stat. 3000 Pub. L. 113287,  5 l Dec. 19, 2014 128 Stat. 3270 Pub. L. 11597, title II,  20002 Dec. 22, 2017 131 Stat. 2237  SEC. 101. SHORT TITLE. This title may be cited as the Gulf of Mexico Energy Security Act of 2006. SEC. 102. DEFINITIONS. In this title: (1) 181 area The term 181 Area means the area identified in map 15, page 58, of the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program for 19972002, dated August 1996, of the Minerals Management Service, available in the Office of the Director of the Minerals Management Service, excluding the area offered in OCS Lease Sale 181, held on December 5, 2001 (2) 181 south area The term 181 South Area means any area (A) located (i) south of the 181 Area; (ii) west of the Military Mission Line; and (iii) in the Central Planning Area; (B) excluded from the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program for 19972002, dated August 1996, of the Minerals Management Service; and (C) included in the areas considered for oil and gas leasing, as identified in map 8, page 37 of the document entitled Draft Proposed Program Outer Continental Shelf Oil and Gas Leasing Program 20072012, dated February 2006. (3)  Bonus or royalty credit The term bonus or royalty credit means a legal instrument or other written documentation, or an entry in an account managed by the Secretary, that may be used in lieu of any other monetary payment for (A) a bonus bid for a lease on the outer Continental Shelf; or (B) a royalty due on oil or gas production from any lease located on the outer Continental Shelf. (4)  Central planning area The term Central Planning Area means the Central Gulf of Mexico Planning Area of the outer Continental Shelf, as designated in the document entitled Draft Proposed Program Outer Continental Shelf Oil and Gas Leasing Program 20072012, dated February 2006. (5)  Eastern planning area The term Eastern Planning Area means the Eastern Gulf of Mexico Planning Area of the outer Continental Shelf, as designated in the document entitled Draft Proposed Program Outer Continental Shelf Oil and Gas Leasing Program 20072012, dated February 2006. (6) 20022007 planning area The term 20022007 planning area means any area (A) located in (i) the Eastern Planning Area, as designated in the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program 20022007, dated April 2002, of the Minerals Management Service; (ii) the Central Planning Area, as designated in the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program 20022007, dated April 2002, of the Minerals Management Service; or (iii) the Western Planning Area, as designated in the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program 20022007, dated April 2002, of the Minerals Management Service; and (B) not located in (i) an area in which no funds may be expended to conduct offshore preleasing, leasing, and related activities under sections 104 through 106 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 ( Public Law 10954 119 Stat. 521 August 2, 2005 (ii) an area withdrawn from leasing under the Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition, from 34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998 (iii) the 181 Area or 181 South Area. (7)  Gulf producing state The term Gulf producing State means each of the States of Alabama, Louisiana, Mississippi, and Texas. (8)  Military mission line The term Military Mission Line means the north-south line at 8641 W. longitude. (9)  Qualified outer continental shelf revenues. (A)  In general The term qualified outer Continental Shelf revenues means (i) in the case of each of fiscal years 2007 through 2016, all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after the date of enactment of this Act [ Dec. 20, 2006 (I) areas in the 181 Area located in the Eastern Planning Area; and (II) the 181 South Area; and (ii) in the case of fiscal year 2017 and each fiscal year thereafter, all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2016 (I) the 181 Area; (II) the 181 South Area; and (III) the 20022007 planning area. (B)  Exclusions The term qualified outer Continental Shelf revenues does not include (i) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or (ii) revenues generated from leases subject to section 8(g) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(g) (10)  Coastal political subdivision The term coastal political subdivision means a political subdivision of a Gulf producing State any part of which political subdivision is (A) within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 Dec. 20, 2006 (B) not more than 200 nautical miles from the geographic center of any leased tract. (11)  Secretary The term Secretary means the Secretary of the Interior. SEC. 103. OFFSHORE OIL AND GAS LEASING IN 181 AREA AND 181 SOUTH AREA OF GULF OF MEXICO. (a) 181 Area Lease Sale Except as provided in section 104, the Secretary shall offer the 181 Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 Dec. 20, 2006 (b) 181 South Area Lease Sale The Secretary shall offer the 181 South Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 Dec. 20, 2006 (c)  Leasing Program The 181 Area and 181 South Area shall be offered for lease under this section notwithstanding the omission of the 181 Area or the 181 South Area from any outer Continental Shelf leasing program under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 (d)  Conforming Amendment  [Amended section 105 of Pub. L. 10954 119 Stat. 522 SEC. 104. MORATORIUM ON OIL AND GAS LEASING IN CERTAIN AREAS OF GULF OF MEXICO. (a)  In General Effective during the period beginning on the date of enactment of this Act [ Dec. 20, 2006 June 30, 2022 (1) any area east of the Military Mission Line in the Gulf of Mexico; (2) any area in the Eastern Planning Area that is within 125 miles of the coastline of the State of Florida; or (3) any area in the Central Planning Area that is (A) within (i) the 181 Area; and (ii) 100 miles of the coastline of the State of Florida; or (B) (i) outside the 181 Area; (ii) east of the western edge of the Pensacola Official Protraction Diagram (UTM X coordinate 1,393,920 (NAD 27 feet)); and (iii) within 100 miles of the coastline of the State of Florida. (b)  Military Mission Line Notwithstanding subsection (a), the United States reserves the right to designate by and through the Secretary of Defense, with the approval of the President, national defense areas on the outer Continental Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1341(d) (c)  Exchange of Certain Leases. (1)  In general The Secretary shall permit any person that, as of the date of enactment of this Act [ Dec. 20, 2006 (2)  Valuation of existing lease The amount of the bonus or royalty credit for a lease to be exchanged shall be equal to (A) the amount of the bonus bid; and (B) any rental paid for the lease as of the date the lessee notifies the Secretary of the decision to exchange the lease. (3)  Revenue distribution No bonus or royalty credit may be used under this subsection in lieu of any payment due under, or to acquire any interest in, a lease subject to the revenue distribution provisions of section 8(g) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(g) (4)  Regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations that shall provide a process for (A) notification to the Secretary of a decision to exchange an eligible lease; (B) issuance of bonus or royalty credits in exchange for relinquishment of the existing lease; (C) transfer of the bonus or royalty credit to any other person; and (D) determining the proper allocation of bonus or royalty credits to each lease interest owner. SEC. 105. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF REVENUES FROM 181 AREA, 181 SOUTH AREA, AND 20022007 PLANNING AREAS OF GULF OF MEXICO. (a)  In General Notwithstanding section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 (1) 50 percent of qualified outer Continental Shelf revenues in the general fund of the Treasury; and (2) 50 percent of qualified outer Continental Shelf revenues in a special account in the Treasury from which the Secretary shall disburse (A) 75 percent to Gulf producing States in accordance with subsection (b); and (B) 25 percent to provide financial assistance to States in accordance with section 200305 of title 54 (b)  Allocation Among Gulf Producing States and Coastal Political Subdivisions. (1)  Allocation among gulf producing states for fiscal years 2007 through 2016. (A)  In general Subject to subparagraph (B), effective for each of fiscal years 2007 through 2016, the amount made available under subsection (a)(2)(A) shall be allocated to each Gulf producing State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each Gulf producing State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. (B)  Minimum allocation The amount allocated to a Gulf producing State each fiscal year under subparagraph (A) shall be at least 10 percent of the amounts available under subsection (a)(2)(A). (2)  Allocation among gulf producing states for fiscal year 2017 and thereafter. (A)  In general Subject to subparagraphs (B) and (C), effective for fiscal year 2017 and each fiscal year thereafter (i) the amount made available under subsection (a)(2)(A) from any lease entered into within the 181 Area or the 181 South Area shall be allocated to each Gulf producing State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each Gulf producing State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract; and (ii) the amount made available under subsection (a)(2)(A) from any lease entered into within the 20022007 planning area shall be allocated to each Gulf producing State in amounts that are inversely proportional to the respective distances between the point on the coastline of each Gulf producing State that is closest to the geographic center of each historical lease site and the geographic center of the historical lease site, as determined by the Secretary. (B)  Minimum allocation The amount allocated to a Gulf producing State each fiscal year under subparagraph (A) shall be at least 10 percent of the amounts available under subsection (a)(2)(A). (C)  Historical lease sites. (i)  In general Subject to clause (ii), for purposes of subparagraph (A)(ii), the historical lease sites in the 20022007 planning area shall include all leases entered into by the Secretary for an area in the Gulf of Mexico during the period beginning on October 1, 1982 December 31, 2015 (ii)  Adjustment Effective January 1, 2022 (3)  Payments to coastal political subdivisions. (A)  In general The Secretary shall pay 20 percent of the allocable share of each Gulf producing State, as determined under paragraphs (1) and (2), to the coastal political subdivisions of the Gulf producing State. (B)  Allocation The amount paid by the Secretary to coastal political subdivisions shall be allocated to each coastal political subdivision in accordance with subparagraphs (B), (C), and (E) of section 31(b)(4) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356a(b)(4) (c)  Timing The amounts required to be deposited under paragraph (2) of subsection (a) for the applicable fiscal year shall be made available in accordance with that paragraph during the fiscal year immediately following the applicable fiscal year. (d)  Authorized Uses. (1)  In general Subject to paragraph (2), each Gulf producing State and coastal political subdivision shall use all amounts received under subsection (b) in accordance with all applicable Federal and State laws, only for 1 or more of the following purposes: (A) Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses. (B) Mitigation of damage to fish, wildlife, or natural resources. (C) Implementation of a federally-approved marine, coastal, or comprehensive conservation management plan. (D) Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects. (E) Planning assistance and the administrative costs of complying with this section. (2)  Limitation Not more than 3 percent of amounts received by a Gulf producing State or coastal political subdivision under subsection (b) may be used for the purposes described in paragraph (1)(E). (e)  Administration Amounts made available under subsection (a)(2) shall (1) be made available, without further appropriation, in accordance with this section; (2) remain available until expended; and (3) be in addition to any amounts appropriated under (A) the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 (B) chapter 2003 of title 54, United States Code; or (C) any other provision of law. (f)  Limitations on Amount of Distributed Qualified Outer Continental Shelf Revenues. (1)  In general Subject to paragraph (2), the total amount of qualified outer Continental Shelf revenues made available under subsection (a)(2) shall not exceed (A) $500,000,000 for each of fiscal years 2016 through 2019; (B) $650,000,000 for each of fiscal years 2020 and 2021; and (C) $500,000,000 for each of fiscal years 2022 through 2055. (2)  Expenditures For the purpose of paragraph (1), for each of fiscal years 2016 through 2055, expenditures under subsection (a)(2) shall be net of receipts from that fiscal year from any area in the 181 Area in the Eastern Planning Area and the 181 South Area. (3)  Pro rata reductions If paragraph (1) limits the amount of qualified outer Continental Shelf revenue that would be paid under subparagraphs (A) and (B) of subsection (a)(2) (A) the Secretary shall reduce the amount of qualified outer Continental Shelf revenue provided to each recipient on a pro rata basis; and (B) any remainder of the qualified outer Continental Shelf revenues shall revert to the general fund of the Treasury. [ Pub. L. 113287,  5 l Dec. 19, 2014 128 Stat. 3270 section 200305 of title 54 16 U.S.C. 460 l Public Law 109432, div. C, title I 16 U.S.C. 460 l [The Minerals Management Service was abolished and functions divided among the Office of Natural Resources Revenue, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010 June 18, 2010 Pub. L. 11274, div. E, title I Dec. 23, 2011 125 Stat. 995 That for fiscal year 2012 and each fiscal year thereafter, the term qualified Outer Continental Shelf revenues, as defined in section 102(9)(A) of the Gulf of Mexico Energy Security Act [of 2006], [title I of] division C of Public Law 109432 August 5, 1993 Similar provisions were contained in the following appropriation act: Pub. L. 11274, div. E, title I Dec. 23, 2011 125 Stat. 994  Naval Petroleum Reserve Act Aug. 7, 1953, ch. 345,  13 67 Stat. 470 Jan. 16, 1953 Authorization of Appropriations Act Aug. 7, 1953, ch. 345,  16 67 Stat. 471 There is hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [enacting this subchapter]. Executive Documents  Proc. No. 5928. Territorial Sea of United States Proc. No. 5928, Dec. 27, 1988 International law recognizes that coastal nations may exercise sovereignty and jurisdiction over their territorial seas. The territorial sea of the United States is a maritime zone extending beyond the land territory and internal waters of the United States over which the United States exercises sovereignty and jurisdiction, a sovereignty and jurisdiction that extend to the airspace over the territorial sea, as well as to its bed and subsoil. Extension of the territorial sea by the United States to the limits permitted by international law will advance the national security and other significant interests of the United States. NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me as President by the Constitution of the United States of America, and in accordance with international law, do hereby proclaim the extension of the territorial sea of the United States of America, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession over which the United States exercises sovereignty. The territorial sea of the United States henceforth extends to 12 nautical miles from the baselines of the United States determined in accordance with international law. In accordance with international law, as reflected in the applicable provisions of the 1982 United Nations Convention on the Law of the Sea, within the territorial sea of the United States, the ships of all countries enjoy the right of innocent passage and the ships and aircraft of all countries enjoy the right of transit passage through international straits. Nothing in this Proclamation: (a) extends or otherwise alters existing Federal or State law or any jurisdiction, rights, legal interests, or obligations derived therefrom; or (b) impairs the determination, in accordance with international law, of any maritime boundary of the United States with a foreign jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of December, in the year of our Lord nineteen hundred and eighty-eight, and of the Independence of the United States of America the two hundred and thirteenth.  Ronald Reagan.  Proc. No. 7219. Contiguous Zone of the United States Proc. No. 7219, Sept. 2, 1999 International law recognizes that coastal nations may establish zones contiguous to their territorial seas, known as contiguous zones. The contiguous zone of the United States is a zone contiguous to the territorial sea of the United States, in which the United States may exercise the control necessary to prevent infringement of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or territorial sea, and to punish infringement of the above laws and regulations committed within its territory or territorial sea. Extension of the contiguous zone of the United States to the limits permitted by international law will advance the law enforcement and public health interests of the United States. Moreover, this extension is an important step in preventing the removal of cultural heritage found within 24 nautical miles of the baseline. NOW, THEREFORE, I, WILLIAM J. CLINTON, by the authority vested in me as President by the Constitution of the United States, and in accordance with international law, do hereby proclaim the extension of the contiguous zone of the United States of America, including the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession over which the United States exercises sovereignty, as follows: The contiguous zone of the United States extends to 24 nautical miles from the baselines of the United States determined in accordance with international law, but in no case within the territorial sea of another nation. In accordance with international law, reflected in the applicable provisions of the 1982 Convention on the Law of the Sea, within the contiguous zone of the United States the ships and aircraft of all countries enjoy the high seas freedoms of navigation and overflight and the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to those freedoms, such as those associated with the operation of ships, aircraft, and submarine cables and pipelines, and compatible with the other provisions of international law reflected in the 1982 Convention on the Law of the Sea. Nothing in this proclamation: (a) amends existing Federal or State law; (b) amends or otherwise alters the rights and duties of the United States or other nations in the Exclusive Economic Zone of the United States established by Proclamation 5030 of March 10, 1983 16 U.S.C. 1453 (c) impairs the determination, in accordance with international law, of any maritime boundary of the United States with a foreign jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand this second day of September, in the year of our Lord nineteen hundred and ninety-nine, and of the Independence of the United States of America the two hundred and twenty-fourth.  William J. Clinton.  Executive Order No. 13795 Ex. Ord. No. 13795, Apr. 28, 2017 Jan. 20, 2021 section 4321 of Title 42  1332. Congressional declaration of policy It is hereby declared to be the policy of the United States that (1) the subsoil and seabed of the outer Continental Shelf appertain to the United States and are subject to its jurisdiction, control, and power of disposition as provided in this subchapter; (2) this subchapter shall be construed in such a manner that the character of the waters above the outer Continental Shelf as high seas and the right to navigation and fishing therein shall not be affected; (3) the outer Continental Shelf is a vital national resource reserve held by the Federal Government for the public, which should be made available for expeditious and orderly development, subject to environmental safeguards, in a manner which is consistent with the maintenance of competition and other national needs; (4) since exploration, development, and production of the minerals of the outer Continental Shelf will have significant impacts on coastal and non-coastal areas of the coastal States, and on other affected States, and, in recognition of the national interest in the effective management of the marine, coastal, and human environments (A) such States and their affected local governments may require assistance in protecting their coastal zones and other affected areas from any temporary or permanent adverse effects of such impacts; (B) the distribution of a portion of the receipts from the leasing of mineral resources of the outer Continental Shelf adjacent to State lands, as provided under section 1337(g) of this title (C) such States, and through such States, affected local governments, are entitled to an opportunity to participate, to the extent consistent with the national interest, in the policy and planning decisions made by the Federal Government relating to exploration for, and development and production of, minerals of the outer Continental Shelf. 1 1 (5) the rights and responsibilities of all States and, where appropriate, local governments, to preserve and protect their marine, human, and coastal environments through such means as regulation of land, air, and water uses, of safety, and of related development and activity should be considered and recognized; and (6) operations in the outer Continental Shelf should be conducted in a safe manner by well-trained personnel using technology, precautions, and techniques sufficient to prevent or minimize the likelihood of blowouts, loss of well control, fires, spillages, physical obstruction to other users of the waters or subsoil and seabed, or other occurrences which may cause damage to the environment or to property, or endanger life or health. ( Aug. 7, 1953, ch. 345,  3 67 Stat. 462 Pub. L. 95372, title II,  202 Sept. 18, 1978 92 Stat. 634 Pub. L. 99272, title VIII,  8002 Apr. 7, 1986 100 Stat. 148  Editorial Notes Amendments 1986Par. (4)(B), (C). Pub. L. 99272 1978 Pub. L. 95372  1333. Laws and regulations governing lands (a) Constitution and United States laws; laws of adjacent States; publication of projected State lines; international boundary disputes; restriction on State taxation and jurisdiction (1)  Jurisdiction of the united states on the outer continental shelf (A)  In general The Constitution and laws and civil and political jurisdiction of the United States are extended, to the same extent as if the outer Continental Shelf were an area of exclusive Federal jurisdiction located within a State, to (i) the subsoil and seabed of the outer Continental Shelf; (ii) all artificial islands on the outer Continental Shelf; (iii) installations and other devices permanently or temporarily attached to the seabed, which may be erected thereon for the purpose of exploring for, developing, or producing resources, including non-mineral energy resources; or (iv) any such installation or other device (other than a ship or vessel) for the purpose of transporting or transmitting such resources. (B)  Leases issued exclusively under this act Mineral or energy leases on the outer Continental Shelf shall be maintained or issued only under the provisions of this subchapter. (2) (A) To the extent that they are applicable and not inconsistent with this subchapter or with other Federal laws and regulations of the Secretary now in effect or hereafter adopted, the civil and criminal laws of each adjacent State, now in effect or hereafter adopted, amended, or repealed are declared to be the law of the United States for that portion of the subsoil and seabed of the outer Continental Shelf, and artificial islands and fixed structures erected thereon, which would be within the area of the State if its boundaries were extended seaward to the outer margin of the outer Continental Shelf, and the President shall determine and publish in the Federal Register such projected lines extending seaward and defining each such area. All of such applicable laws shall be administered and enforced by the appropriate officers and courts of the United States. State taxation laws shall not apply to the outer Continental Shelf. (B) Within one year after September 18, 1978 1 1 (3) The provisions of this section for adoption of State law as the law of the United States shall never be interpreted as a basis for claiming any interest in or jurisdiction on behalf of any State for any purpose over the seabed and subsoil of the outer Continental Shelf, or the property and natural resources thereof or the revenues therefrom. (b) Longshore and Harbor Workers Compensation Act applicable; definitions With respect to disability or death of an employee resulting from any injury occurring as the result of operations conducted on the outer Continental Shelf for the purpose of exploring for, developing, removing, or transporting by pipeline the natural resources, or involving rights to the natural resources, of the subsoil and seabed of the outer Continental Shelf, compensation shall be payable under the provisions of the Longshore and Harbor Workers Compensation Act [ 33 U.S.C. 901 (1) the term employee does not include a master or member of a crew of any vessel, or an officer or employee of the United States or any agency thereof or of any State or foreign government, or of any political subdivision thereof; (2) the term employer means an employer any of whose employees are employed in such operations; and (3) the term United States when used in a geographical sense includes the outer Continental Shelf and artificial islands and fixed structures thereon. (c) National Labor Relations Act applicable For the purposes of the National Labor Relations Act, as amended [ 29 U.S.C. 151 (d) Coast Guard regulations; marking of artificial islands, installations, and other devices; failure of owner suitably to mark according to regulations (1) The Secretary of the Department in which the Coast Guard is operating shall have authority to promulgate and enforce such reasonable regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property on the artificial islands, installations, and other devices referred to in subsection (a) or on the waters adjacent thereto, as he may deem necessary. (2) The Secretary of the Department in which the Coast Guard is operating may mark for the protection of navigation any artificial island, installation, or other device referred to in subsection (a) whenever the owner has failed suitably to mark such island, installation, or other device in accordance with regulations issued under this subchapter, and the owner shall pay the cost of such marking. (e) Authority of Secretary of the Army to prevent obstruction to navigation The authority of the Secretary of the Army to prevent obstruction to navigation in the navigable waters of the United States is extended to the artificial islands, installations, and other devices referred to in subsection (a). (f) Provisions as nonexclusive The specific application by this section of certain provisions of law to the subsoil and seabed of the outer Continental Shelf and the artificial islands, installations, and other devices referred to in subsection (a) or to acts or offenses occurring or committed thereon shall not give rise to any inference that the application to such islands and structures, acts, or offenses of any other provision of law is not intended. ( Aug. 7, 1953, ch. 345,  4 67 Stat. 462 Pub. L. 93627,  19(f) Jan. 3, 1975 88 Stat. 2146 Pub. L. 95372, title II,  203 Sept. 18, 1978 92 Stat. 635 Pub. L. 98426,  27(d)(2) Sept. 28, 1984 98 Stat. 1654 Pub. L. 116283, div. H, title XCV,  9503 Jan. 1, 2021 134 Stat. 4822  Editorial Notes  References in Text The Longshore and Harbor Workers Compensation Act, referred to in subsec. (b), is act Mar. 4, 1927, ch. 509 44 Stat. 1424 section 901 of Title 33 The National Labor Relations Act, as amended, referred to in subsec. (c), is act July 5, 1935, ch. 372 49 Stat. 449 section 167 of Title 29 Amendments 2021Subsec. (a)(1). Pub. L. 116283 Provided, however 1984Subsec. (b). Pub. L. 98426 1978Subsec. (a)(1). Pub. L. 95372,  203(a) Subsec. (a)(2). Pub. L. 95372,  203(b) Subsec. (b). Pub. L. 95372,  203(c) section 1349(b) of this title Subsec. (c). Pub. L. 95372,  203(d) Subsec. (d)(1). Pub. L. 95372,  203(e)(1) Subsec. (d)(2). Pub. L. 95372,  203(g) Subsec. (e). Pub. L. 95372,  203(e)(2) Subsecs. (f), (g). Pub. L. 95372,  203(e)(3) 1975Subsec. (a)(2). Pub. L. 93627 Statutory Notes and Related Subsidiaries  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6  1334. Administration of leasing (a) Rules and regulations; amendment; cooperation with State agencies; subject matter and scope of regulations The Secretary shall administer the provisions of this subchapter relating to the leasing of the outer Continental Shelf, and shall prescribe such rules and regulations as may be necessary to carry out such provisions. The Secretary may at any time prescribe and amend such rules and regulations as he determines to be necessary and proper in order to provide for the prevention of waste and conservation of the natural resources of the outer Continental Shelf, and the protection of correlative rights therein, and, notwithstanding any other provisions herein, such rules and regulations shall, as of their effective date, apply to all operations conducted under a lease issued or maintained under the provisions of this subchapter. In the enforcement of safety, environmental, and conservation laws and regulations, the Secretary shall cooperate with the relevant departments and agencies of the Federal Government and of the affected States. In the formulation and promulgation of regulations, the Secretary shall request and give due consideration to the views of the Attorney General with respect to matters which may affect competition. In considering any regulations and in preparing any such views, the Attorney General shall consult with the Federal Trade Commission. The regulations prescribed by the Secretary under this subsection shall include, but not be limited to, provisions (1) for the suspension or temporary prohibition of any operation or activity, including production, pursuant to any lease or permit (A) at the request of a lessee, in the national interest, to facilitate proper development of a lease or to allow for the construction or negotiation for use of transportation facilities, or (B) if there is a threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), to property, to any mineral deposits (in areas leased or not leased), or to the marine, coastal, or human environment, and for the extension of any permit or lease affected by suspension or prohibition under clause (A) or (B) by a period equivalent to the period of such suspension or prohibition, except that no permit or lease shall be so extended when such suspension or prohibition is the result of gross negligence or willful violation of such lease or permit, or of regulations issued with respect to such lease or permit; (2) with respect to cancellation of any lease or permit (A) that such cancellation may occur at any time, if the Secretary determines, after a hearing, that (i) continued activity pursuant to such lease or permit would probably cause serious harm or damage to life (including fish and other aquatic life), to property, to any mineral (in areas leased or not leased), to the national security or defense, or to the marine, coastal, or human environment; (ii) the threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time; and (iii) the advantages of cancellation outweigh the advantages of continuing such lease or permit force; (B) that such cancellation shall not occur unless and until operations under such lease or permit shall have been under suspension, or temporary prohibition, by the Secretary, with due extension of any lease or permit term continuously for a period of five years, or for a lesser period upon request of the lessee; (C) that such cancellation shall entitle the lessee to receive such compensation as he shows to the Secretary as being equal to the lesser of (i) the fair value of the canceled rights as of the date of cancellation, taking account of both anticipated revenues from the lease and anticipated costs, including costs of compliance with all applicable regulations and operating orders, liability for cleanup costs or damages, or both, in the case of an oilspill, and all other costs reasonably anticipated on the lease, or (ii) the excess, if any, over the lessees revenues, from the lease (plus interest thereon from the date of receipt to date of reimbursement) of all consideration paid for the lease and all direct expenditures made by the lessee after the date of issuance of such lease and in connection with exploration or development, or both, pursuant to the lease (plus interest on such consideration and such expenditures from date of payment to date of reimbursement), except that (I) with respect to leases issued before September 18, 1978 (3) for the assignment or relinquishment of a lease; (4) for unitization, pooling, and drilling agreements; (5) for the subsurface storage of oil and gas from any source other than by the Federal Government; (6) for drilling or easements necessary for exploration, development, and production; (7) for the prompt and efficient exploration and development of a lease area; and (8) for compliance with the national ambient air quality standards pursuant to the Clean Air Act ( 42 U.S.C. 7401 (b) Compliance with regulations as condition for issuance, continuation, assignment, or other transfer of leases The issuance and continuance in effect of any lease, or of any assignment or other transfer of any lease, under the provisions of this subchapter shall be conditioned upon compliance with regulations issued under this subchapter. (c) Cancellation of nonproducing lease Whenever the owner of a nonproducing lease fails to comply with any of the provisions of this subchapter, or of the lease, or of the regulations issued under this subchapter, such lease may be canceled by the Secretary, subject to the right of judicial review as provided in this subchapter, if such default continues for the period of thirty days after mailing of notice by registered letter to the lease owner at his record post office address. (d) Cancellation of producing lease Whenever the owner of any producing lease fails to comply with any of the provisions of this subchapter, of the lease, or of the regulations issued under this subchapter, such lease may be forfeited and canceled by an appropriate proceeding in any United States district court having jurisdiction under the provisions of this subchapter. (e) Pipeline rights-of-way; forfeiture of grant Rights-of-way through the submerged lands of the outer Continental Shelf, whether or not such lands are included in a lease maintained or issued pursuant to this subchapter, may be granted by the Secretary for pipeline purposes for the transportation of oil, natural gas, sulphur, or other minerals, or under such regulations and upon such conditions as may be prescribed by the Secretary, or where appropriate the Secretary of Transportation, including (as provided in section 1347(b) of this title (f) Competitive principles governing pipeline operation (1) Except as provided in paragraph (2), every permit, license, easement, right-of-way, or other grant of authority for the transportation by pipeline on or across the outer Continental Shelf of oil or gas shall require that the pipeline be operated in accordance with the following competitive principles: (A) The pipeline must provide open and nondiscriminatory access to both owner and nonowner shippers. (B) Upon the specific request of one or more owner or nonowner shippers able to provide a guaranteed level of throughput, and on the condition that the shipper or shippers requesting such expansion shall be responsible for bearing their proportionate share of the costs and risks related thereto, the Federal Energy Regulatory Commission may, upon finding, after a full hearing with due notice thereof to the interested parties, that such expansion is within technological limits and economic feasibility, order a subsequent expansion of throughput capacity of any pipeline for which the permit, license, easement, right-of-way, or other grant of authority is approved or issued after September 18, 1978 1 1 (2) The Federal Energy Regulatory Commission may, by order or regulation, exempt from any or all of the requirements of paragraph (1) of this subsection any pipeline or class of pipelines which feeds into a facility where oil and gas are first collected or a facility where oil and gas are first separated, dehydrated, or otherwise processed. (3) The Secretary of Energy and the Federal Energy Regulatory Commission shall consult with and give due consideration to the views of the Attorney General on specific conditions to be included in any permit, license, easement, right-of-way, or grant of authority in order to ensure that pipelines are operated in accordance with the competitive principles set forth in paragraph (1) of this subsection. In preparing any such views, the Attorney General shall consult with the Federal Trade Commission. (4) Nothing in this subsection shall be deemed to limit, abridge, or modify any authority of the United States under any other provision of law with respect to pipelines on or across the outer Continental Shelf. (g) Rates of production (1) The leasee 2 2 (2) If no rule or order referred to in paragraph (1) has been issued, the lessee shall produce such oil or gas, or both, at rates consistent with any regulation promulgated by the Secretary of Energy which is to assure the maximum rate of production which may be sustained without loss of ultimate recovery of oil or gas, or both, under sound engineering and economic principles, and which is safe for the duration of the activity covered by the approved plan. The Secretary may permit the lessee to vary such rates if he finds that such variance is necessary. (h) Federal action affecting outer Continental Shelf; notification; recommended changes The head of any Federal department or agency who takes any action which has a direct and significant effect on the outer Continental Shelf or its development shall promptly notify the Secretary of such action and the Secretary shall thereafter notify the Governor of any affected State and the Secretary may thereafter recommend such changes in such action as are considered appropriate. (i) Flaring of natural gas After September 18, 1978 (j) Cooperative development of common hydrocarbon-bearing areas (1) Findings (A)  3 3 (i) the drilling of unnecessary wells, the installation of unnecessary facilities and other imprudent operating practices that result in economic waste, environmental damage, and damage to life and property; (ii) the physical waste of hydrocarbons and an unnecessary reduction in the amounts of hydrocarbons that can be produced from certain hydrocarbon-bearing areas; and (iii) the loss of correlative rights which can result in the reduced value of national hydrocarbon resources and disorders in the leasing of Federal and State resources. (2) Prevention of harmful effects The Secretary shall prevent, through the cooperative development of an area, the harmful effects of unrestrained competitive production of hydrocarbons from a common hydrocarbon-bearing area underlying the Federal and State boundary. ( Aug. 7, 1953, ch. 345,  5 67 Stat. 464 Pub. L. 95372, title II,  204 Sept. 18, 1978 92 Stat. 636 Pub. L. 101380, title VI,  6004(a) Aug. 18, 1990 104 Stat. 558 Pub. L. 10958, title III,  321(a) Aug. 8, 2005 119 Stat. 694  Editorial Notes  References in Text The Clean Air Act, referred to in subsec. (a)(8), is act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of Title 42 Amendments 2005Subsec. (a)(5). Pub. L. 10958 1990Subsec. (j). Pub. L. 101380 1978Subsec. (a). Pub. L. 95372 Subsec. (b). Pub. L. 95372 section 1350 of this title Subsec. (c). Pub. L. 95372 Subsec. (d). Pub. L. 95372 Subsec. (e). Pub. L. 95372 Subsecs. (f) to (i). Pub. L. 95372 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101380 Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of Title 33  Transfer of Functions Functions vested in, or delegated to, Secretary of Energy and Department of Energy under or with respect to subsec. (g)(2) of this section, transferred to, and vested in, Secretary of the Interior, by section 100 of Pub. L. 97257 96 Stat. 841 section 7152 of Title 42 Functions of Secretary of the Interior to promulgate regulations under this subchapter which relate to fostering of competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures, terms, and conditions for acquisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42 Section 7152(b) of Title 42 Pub. L. 97100, title II,  201 Dec. 23, 1981 95 Stat. 1407 Nov. 5, 1981 West Delta Field Pub. L. 101380, title VI,  6004(b) Aug. 18, 1990 104 Stat. 558 Section 5(j) of the Outer Continental Shelf Lands Act [ 43 U.S.C. 1334(j) Executive Documents Key Largo Coral Reef Preserve Secretary of the Interior to prescribe rules and regulations governing the protection and conservation of the coral and other mineral resources in the area designated Key Largo Coral Reef Preserve, see Proc. No. 3339, Mar. 15, 1960 section 320101 of Title 54  1335. Validation and maintenance of prior leases (a) Requirements for validation The provisions of this section shall apply to any mineral lease covering submerged lands of the outer Continental Shelf issued by any State (including any extension, renewal, or replacement thereof heretofore granted pursuant to such lease or under the laws of such State) if (1) such lease, or a true copy thereof, is filed with the Secretary by the lessee or his duly authorized agent within ninety days from August 7, 1953 section 1336 of this title (2) such lease was issued prior to December 21, 1948 June 5, 1950 (3) there is filed with the Secretary, within the period or periods specified in paragraph (1) of this subsection, (A) a certificate issued by the State official or agency having jurisdiction over such lease stating that it would have been in force and effect as required by the provisions of paragraph (2) of this subsection, or (B) in the absence of such certificate, evidence in the form of affidavits, receipts, canceled checks, or other documents that may be required by the Secretary, sufficient to prove that such lease would have been so in force and effect; (4) except as otherwise provided in section 1336 of this title June 5, 1950 August 7, 1953 August 7, 1953 section 1338 of this title (5) the holder of such lease certifies that such lease shall continue to be subject to the overriding royalty obligations existing on August 7, 1953 (6) such lease was not obtained by fraud or misrepresentation; (7) such lease, if issued on or after June 23, 1947 (8) such lease provides for a royalty to the lessor on oil and gas of not less than 1212 per centum and on sulphur of not less than 5 per centum in amount or value of the production saved, removed, or sold from the lease, or, in any case in which the lease provides for a lesser royalty, the holder thereof consents in writing, filed with the Secretary, to the increase of the royalty to the minimum herein specified; (9) the holder thereof pays to the Secretary within the period or periods specified in paragraph (1) of this subsection an amount equivalent to any severance, gross production, or occupation taxes imposed by the State issuing the lease on the production from the lease, less the States royalty interest in such production, between June 5, 1950 August 7, 1953 August 7, 1953 (10) such lease will terminate within a period of not more than five years from August 7, 1953 (11) the holder of such lease furnishes such surety bond, if any, as the Secretary may require and complies with such other reasonable requirements as the Secretary may deem necessary to protect the interests of the United States. (b) Conduct of operations under lease; sulphur rights Any person holding a mineral lease, which as determined by the Secretary meets the requirements of subsection (a) of this section, may continue to maintain such lease, and may conduct operations thereunder, in accordance with (1) its provisions as to the area, the minerals covered, rentals and, subject to the provisions of paragraphs (8)(10) of subsection (a) of this section, as to royalties and as to the term thereof and of any extensions, renewals, or replacements authorized therein or heretofore authorized by the laws of the State issuing such lease, or, if oil or gas was not being produced in paying quantities from such lease on or before December 11, 1950 June 5, 1950 December 11, 1950 August 7, 1953 December 11, 1950 section 1334 of this title Provided, however Provided further Provided further August 7, 1953 August 7, 1953 (c) Nonwaiver of United States claims The permission granted in subsection (b) of this section shall not be construed to be a waiver of such claims, if any, as the United States may have against the lessor or the lessee or any other person respecting sums payable or paid for or under the lease, or respecting activities conducted under the lease, prior to August 7, 1953 (d) Judicial review of determination Any person complaining of a negative determination by the Secretary of the Interior under this section may have such determination reviewed by the United States District Court for the District of Columbia by filing a petition for review within sixty days after receiving notice of such action by the Secretary. (e) Lands beneath navigable waters In the event any lease maintained under this section covers lands beneath navigable waters, as that term is used in the Submerged Lands Act [ 43 U.S.C. 1301 ( Aug. 7, 1953, ch. 345,  6 67 Stat. 465  Editorial Notes  References in Text The Submerged Lands Act, referred to in subsec. (e), is act May 22, 1953, ch. 65 67 Stat. 29 section 1301 of this title Statutory Notes and Related Subsidiaries  Transfer of Functions Functions of Secretary of the Interior to promulgate regulations under this subchapter which relate to fostering of competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures, terms, and conditions for acquisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42 Section 7152(b) of Title 42 Pub. L. 97100, title II,  201 Dec. 23, 1981 95 Stat. 1407 Nov. 5, 1981  1336. Controversies over jurisdiction; agreements; payments; final settlement or adjudication; approval of notice concerning oil and gas operations in Gulf of Mexico  In the event of a controversy between the United States and a State as to whether or not lands are subject to the provisions of this subchapter, the Secretary is authorized, notwithstanding the provisions of section 1335(a) and (b) of this title and with the concurrence of the Attorney General of the United States, to negotiate and enter into agreements with the State, its political subdivision or grantee or a lessee thereof, respecting operations under existing mineral leases and payment and impounding of rents, royalties, and other sums payable thereunder, or with the State, its political subdivision or grantee, respecting the issuance or nonissuance of new mineral leases pending the settlement or adjudication of the controversy. The authorization contained in the preceding sentence of this section shall not be construed to be a limitation upon the authority conferred on the Secretary in other sections of this subchapter. Payments made pursuant to such agreement, or pursuant to any stipulation between the United States and a State, shall be considered as compliance with section 1335(a)(4) of this title section 1335(a) of this title section 1335(b) of this title December 11, 1950 January 26, 1951 February 2, 1951 March 5, 1951 April 23, 1951 June 25, 1951 August 22, 1951 October 24, 1951 December 21, 1951 March 25, 1952 June 26, 1952 December 24, 1952 ( Aug. 7, 1953, ch. 345,  7 67 Stat. 467  Statutory Notes and Related Subsidiaries  Transfer of Functions Functions of Secretary of the Interior to promulgate regulations under this subchapter which relate to fostering of competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures, terms, and conditions for acquisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42 Section 7152(b) of Title 42 Pub. L. 97100, title II,  201 Dec. 23, 1981 95 Stat. 1407 Nov. 5, 1981  1337. Leases, easements, and rights-of-way on the outer Continental Shelf (a) Oil and gas leases; award to highest responsible qualified bidder; method of bidding; royalty relief; Congressional consideration of bidding system; notice (1) The Secretary is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the outer Continental Shelf which are not covered by leases meeting the requirements of subsection (a) of section 1335 of this title (A) cash bonus bid with a royalty at not less than 1623 percent, but not more than 1834 percent, during the 10-year period beginning on August 16, 2022 (B) variable royalty bid based on a per centum in amount or value of the production saved, removed, or sold, with either a fixed work commitment based on dollar amount for exploration or a fixed cash bonus as determined by the Secretary, or both; (C) cash bonus bid, or work commitment bid based on a dollar amount for exploration with a fixed cash bonus, and a diminishing or sliding royalty based on such formulae as the Secretary shall determine as equitable to encourage continued production from the lease area as resources diminish, but not less than 1623 percent, but not more than 1834 percent, during the 10-year period beginning on August 16, 2022 (D) cash bonus bid with a fixed share of the net profits of no less than 30 per centum to be derived from the production of oil and gas from the lease area; (E) fixed cash bonus with the net profit share reserved as the bid variable; (F) cash bonus bid with a royalty at not less than 1623 percent, but not more than 1834 percent, during the 10-year period beginning on August 16, 2022 (G) work commitment bid based on a dollar amount for exploration with a fixed cash bonus and a fixed royalty in amount or value of the production saved, removed, or sold; (H) cash bonus bid with royalty at not less than 1623 percent, but not more than 1834 percent, during the 10-year period beginning on August 16, 2022 (I) subject to the requirements of paragraph (4) of this subsection, any modification of bidding systems authorized in subparagraphs (A) through (G), or any other systems of bid variables, terms, and conditions which the Secretary determines to be useful to accomplish the purposes and policies of this subchapter, except that no such bidding system or modification shall have more than one bid variable. (2) The Secretary may, in his discretion, defer any part of the payment of the cash bonus, as authorized in paragraph (1) of this subsection, according to a schedule announced at the time of the announcement of the lease sale, but such payment shall be made in total no later than five years after the date of the lease sale. (3) (A) The Secretary may, in order to promote increased production on the lease area, through direct, secondary, or tertiary recovery means, reduce or eliminate any royalty or net profit share set forth in the lease for such area. (B) In the Western and Central Planning Areas of the Gulf of Mexico and the portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude and in the Planning Areas offshore Alaska, the Secretary may, in order to (i) promote development or increased production on producing or non-producing leases; or (ii) encourage production of marginal resources on producing or non-producing leases; through primary, secondary, or tertiary recovery means, reduce or eliminate any royalty or net profit share set forth in the lease(s). With the lessees consent, the Secretary may make other modifications to the royalty or net profit share terms of the lease in order to achieve these purposes. (C) (i) Notwithstanding the provisions of this subchapter other than this subparagraph, with respect to any lease or unit in existence on November 28, 1995 (ii) Upon submission of a complete application by the lessee, the Secretary shall determine within 180 days of such application whether new production from such lease or unit would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph. In making such determination, the Secretary shall consider the increased technological and financial risk of deep water development and all costs associated with exploring, developing, and producing from the lease. The lessee shall provide information required for a complete application to the Secretary prior to such determination. The Secretary shall clearly define the information required for a complete application under this section. Such application may be made on the basis of an individual lease or unit. If the Secretary determines that such new production would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph, the provisions of clause (i) shall not apply to such production. If the Secretary determines that such new production would not be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i), the Secretary must determine the volume of production from the lease or unit on which no royalties would be due in order to make such new production economically viable; except that for new production as defined in clause (iv)(I), in no case will that volume be less than 17.5 million barrels of oil equivalent in water depths of 200 to 400 meters, 52.5 million barrels of oil equivalent in 400800 meters of water, and 87.5 million barrels of oil equivalent in water depths greater than 800 meters. Redetermination of the applicability of clause (i) shall be undertaken by the Secretary when requested by the lessee prior to the commencement of the new production and upon significant change in the factors upon which the original determination was made. The Secretary shall make such redetermination within 120 days of submission of a complete application. The Secretary may extend the time period for making any determination or redetermination under this clause for 30 days, or longer if agreed to by the applicant, if circumstances so warrant. The lessee shall be notified in writing of any determination or redetermination and the reasons for and assumptions used for such determination. Any determination or redetermination under this clause shall be a final agency action. The Secretarys determination or redetermination shall be judicially reviewable under section 702 of title 5 (iii) In the event that the Secretary fails to make the determination or redetermination called for in clause (ii) upon application by the lessee within the time period, together with any extension thereof, provided for by clause (ii), no royalty payments shall be due on new production as follows: (I) For new production, as defined in clause (iv)(I) of this subparagraph, no royalty shall be due on such production according to the schedule of minimum volumes specified in clause (ii) of this subparagraph. (II) For new production, as defined in clause (iv)(II) of this subparagraph, no royalty shall be due on such production for one year following the start of such production. (iv) For purposes of this subparagraph, the term new production is (I) any production from a lease from which no royalties are due on production, other than test production, prior to November 28, 1995 (II) any production resulting from lease development activities pursuant to a Development Operations Coordination Document, or supplement thereto that would expand production significantly beyond the level anticipated in the Development Operations Coordination Document, approved by the Secretary after November 28, 1995 (v) During the production of volumes determined pursuant to clauses 1 1 (vi) During the production of volumes determined pursuant to clause (ii) or (iii) of this subparagraph, in any year during which the arithmetic average of the closing prices on the New York Mercantile Exchange for natural gas exceeds $3.50 per million British thermal units, any production of natural gas will be subject to royalties at the lease stipulated royalty rate. Any production subject to this clause shall be counted toward the production volume determined pursuant to clauses 1 (vii) The prices referred to in clauses (v) and (vi) of this subparagraph shall be changed during any calendar year after 1994 by the percentage, if any, by which the implicit price deflator for the gross domestic product changed during the preceding calendar year. (4) (A) The Secretary of Energy shall submit any bidding system authorized in subparagraph (H) of paragraph (1) to the Senate and House of Representatives. The Secretary may institute such bidding system unless either the Senate or the House of Representatives passes a resolution of disapproval within thirty days after receipt of the bidding system. (B) Subparagraphs (C) through (J) of this paragraph are enacted by Congress (i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but they are applicable only with respect to the procedures to be followed in that House in the case of resolutions described by this paragraph, and they supersede other rules only to the extent that they are inconsistent therewith; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (C) A resolution disapproving a bidding system submitted pursuant to this paragraph shall immediately be referred to a committee (and all resolutions with respect to the same request shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be. (D) If the committee to which has been referred any resolution disapproving the bidding system of the Secretary has not reported the resolution at the end of ten calendar days after its referral, it shall be in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution with respect to the same bidding system which has been referred to the committee. (E) A motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same recommendation), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (F) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same bidding system. (G) When the committee has reported, or has been discharged from further consideration of, a resolution as provided in this paragraph, it shall be at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (H) Debate on the resolution is limited to not more than two hours, to be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order, and it is not in order to move to reconsider the vote by which the resolution is agreed to or disagreed to. (I) Motions to postpone, made with respect to the discharge from the committee, or the consideration of a resolution with respect to a bidding system, and motions to proceed to the consideration of other business, shall be decided without debate. (J) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution with respect to a bidding system shall be decided without debate. (5) (A) During the five-year period commencing on September 18, 1978 (B) The bidding systems authorized by paragraph (1) of this subsection, other than the system authorized by subparagraph (A), shall be applied to not less than 20 per centum and not more than 60 per centum of the total area offered for leasing each year during the five-year period beginning on September 18, 1978 (6) At least ninety days prior to notice of any lease sale under subparagraph (D), (E), (F), or, if appropriate, (H) of paragraph (1), the Secretary shall by regulation establish rules to govern the calculation of net profits. In the event of any dispute between the United States and a lessee concerning the calculation of the net profits under the regulation issued pursuant to this paragraph, the burden of proof shall be on the lessee. (7) After an oil and gas lease is granted pursuant to any of the work commitment options of paragraph (1) of this subsection (A) the lessee, at its option, shall deliver to the Secretary upon issuance of the lease either (i) a cash deposit for the full amount of the exploration work commitment, or (ii) a performance bond in form and substance and with a surety satisfactory to the Secretary, in the principal amount of such exploration work commitment assuring the Secretary that such commitment shall be faithfully discharged in accordance with this section, regulations, and the lease; and for purposes of this subparagraph, the principal amount of such cash deposit or bond may, in accordance with regulations, be periodically reduced upon proof, satisfactory to the Secretary, that a portion of the exploration work commitment has been satisfied; (B) 50 per centum of all exploration expenditures on, or directly related to, the lease, including, but not limited to (i) geological investigations and related activities, (ii) geophysical investigations including seismic, geomagnetic, and gravity surveys, data processing and interpretation, and (iii) exploratory drilling, core drilling, redrilling, and well completion or abandonment, including the drilling of wells sufficient to determine the size and a real extent of any newly discovered field, and including the cost of mobilization and demobilization of drilling equipment, shall be included in satisfaction of the commitment, except that the lessees general overhead cost shall not be so included against the work commitment, but its cost (including employee benefits) of employees directly assigned to such exploration work shall be so included; and (C) if at the end of the primary term of the lease, including any extension thereof, the full dollar amount of the exploration work commitment has not been satisfied, the balance shall then be paid in cash to the Secretary. (8) Not later than thirty days before any lease sale, the Secretary shall submit to the Congress and publish in the Federal Register a notice (A) identifying any bidding system which will be utilized for such lease sale and the reasons for the utilization of such bidding system; and (B) designating the lease tracts selected which are to be offered in such sale under the bidding system authorized by subparagraph (A) of paragraph (1) and the lease tracts selected which are to be offered under any one or more of the bidding systems authorized by subparagraphs (B) through (H) of paragraph (1), and the reasons such lease tracts are to be offered under a particular bidding system. (b) Terms and provisions of oil and gas leases An oil and gas lease issued pursuant to this section shall (1) be for a tract consisting of a compact area not exceeding five thousand seven hundred and sixty acres, as the Secretary may determine, unless the Secretary finds that a larger area is necessary to comprise a reasonable economic production unit; (2) be for an initial period of (A) five years; or (B) not to exceed ten years where the Secretary finds that such longer period is necessary to encourage exploration and development in areas because of unusually deep water or other unusually adverse conditions, and as long after such initial period as oil or gas is produced from the area in paying quantities, or drilling or well reworking operations as approved by the Secretary are conducted thereon; (3) require the payment of amount or value as determined by one of the bidding systems set forth in subsection (a) of this section; (4) entitle the lessee to explore, develop, and produce the oil and gas contained within the lease area, conditioned upon due diligence requirements and the approval of the development and production plan required by this subchapter; (5) provide for suspension or cancellation of the lease during the initial lease term or thereafter pursuant to section 1334 of this title (6) contain such rental and other provisions as the Secretary may prescribe at the time of offering the area for lease; and (7) provide a requirement that the lessee offer 20 per centum of the crude oil, condensate, and natural gas liquids produced on such lease, at the market value and point of delivery applicable to Federal royalty oil, to small or independent refiners as defined in the Emergency Petroleum Allocation Act of 1973 2 2 15 U.S.C. 751 (c) Antitrust review of lease sales (1) Following each notice of a proposed lease sale and before the acceptance of bids and the issuance of leases based on such bids, the Secretary shall allow the Attorney General, in consultation with the Federal Trade Commission, thirty days to review the results of such lease sale, except that the Attorney General, after consultation with the Federal Trade Commission, may agree to a shorter review period. (2) The Attorney General may, in consultation with the Federal Trade Commission, conduct such antitrust review on the likely effects the issuance of such leases would have on competition as the Attorney General, after consultation with the Federal Trade Commission, deems appropriate and shall advise the Secretary with respect to such review. The Secretary shall provide such information as the Attorney General, after consultation with the Federal Trade Commission, may require in order to conduct any antitrust review pursuant to this paragraph and to make recommendations pursuant to paragraph (3) of this subsection. (3) The Attorney General, after consultation with the Federal Trade Commission, may make such recommendations to the Secretary, including the nonacceptance of any bid, as may be appropriate to prevent any situation inconsistent with the antitrust laws. If the Secretary determines, or if the Attorney General advises the Secretary, after consultation with the Federal Trade Commission and prior to the issuance of any lease, that such lease may create or maintain a situation inconsistent with the antitrust laws, the Secretary may (A) refuse (i) to accept an otherwise qualified bid for such lease, or (ii) to issue such lease, notwithstanding subsection (a) of this section; or (B) issue such lease, and notify the lessee and the Attorney General of the reason for such decision. (4) (A) Nothing in this subsection shall restrict the power under any other Act or the common law of the Attorney General, the Federal Trade Commission, or any other Federal department or agency to secure information, conduct reviews, make recommendations, or seek appropriate relief. (B) Neither the issuance of a lease nor anything in this subsection shall modify or abridge any private right of action under the antitrust laws. (d) Due diligence No bid for a lease may be submitted if the Secretary finds, after notice and hearing, that the bidder is not meeting due diligence requirements on other leases. (e) Secretarys approval for sale, exchange, assignment, or other transfer of leases No lease issued under this subchapter may be sold, exchanged, assigned, or otherwise transferred except with the approval of the Secretary. Prior to any such approval, the Secretary shall consult with and give due consideration to the views of the Attorney General. (f) Antitrust immunity or defenses Nothing in this subchapter shall be deemed to convey to any person, association, corporation, or other business organization immunity from civil or criminal liability, or to create defenses to actions, under any antitrust law. (g) Leasing of lands within three miles of seaward boundaries of coastal States; deposit of revenues; distribution of revenues (1) At the time of soliciting nominations for the leasing of lands containing tracts wholly or partially within three nautical miles of the seaward boundary of any coastal State, and subsequently as new information is obtained or developed by the Secretary, the Secretary shall, in addition to the information required by section 1352 of this title (A) an identification and schedule of the areas and regions proposed to be offered for leasing; (B) at the request of the Governor of such State, all information from all sources concerning the geographical, geological, and ecological characteristics of such tracts; (C) an estimate of the oil and gas reserves in the areas proposed for leasing; and (D) at the request of the Governor of such State, an identification of any field, geological structure, or trap located wholly or partially within three nautical miles of the seaward boundary of such coastal State, including all information relating to the entire field, geological structure, or trap. The provisions of the first sentence of subsection (c) and the provisions of subsections (e)(h) of section 1352 of this title section 1352 of this title (2) Notwithstanding any other provision of this subchapter, the Secretary shall deposit into a separate account in the Treasury of the United States all bonuses, rents, and royalties, and other revenues (derived from any bidding system authorized under subsection (a)(1)), excluding Federal income and windfall profits taxes, and derived from any lease issued after September 18, 1978 section 1336 of this title January 1, 1986 April 15, 1993 September 18, 1978 (3) Whenever the Secretary or the Governor of a coastal State determines that a common potentially hydrocarbon-bearing area may underlie the Federal and State boundary, the Secretary or the Governor shall notify the other party in writing of his determination and the Secretary shall provide to the Governor notice of the current and projected status of the tract or tracts containing the common potentially hydrocarbon-bearing area. If the Secretary has leased or intends to lease such tract or tracts, the Secretary and the Governor of the coastal State may enter into an agreement to divide the revenues from production of any common potentially hydrocarbon-bearing area, by unitization or other royalty sharing agreement, pursuant to existing law. If the Secretary and the Governor do not enter into an agreement, the Secretary may nevertheless proceed with the leasing of the tract or tracts. Any revenues received by the United States under such an agreement shall be subject to the requirements of paragraph (2). (4) The deposits in the Treasury account described in this section shall be invested by the Secretary of the Treasury in securities backed by the full faith and credit of the United States having maturities suitable to the needs of the account and yielding the highest reasonably available interest rates as determined by the Secretary of the Treasury. (5) (A) When there is a boundary dispute between the United States and a State which is subject to an agreement under section 1336 of this title September 18, 1978 section 1336 of this title (i) Twenty-seven percent of all bonuses, rents, and royalties, and other revenues (derived from any bidding system authorized under subsection (a)(1)), excluding Federal income and windfall profits taxes, and derived from any lease issued after September 18, 1978 (I) within thirty days of December 1, 1987 (II) by the last business day of the month following the month in which those revenues are deposited in the Treasury, whichever date is later. (ii) Upon the settlement of a boundary dispute which is subject to a section 1336 of this title (B) This paragraph applies to all Federal oil and gas lease sales, under this subchapter, including joint lease sales, occurring after September 18, 1978 (6) This section shall be deemed to take effect on October 1, 1985 (7) When the Secretary leases any tract which lies wholly or partially within three miles of the seaward boundary of two or more States, the revenues from such tract shall be distributed as otherwise provided by this section, except that the States share of such revenues that would otherwise result under this section shall be divided equally among such States. (h) State claims to jurisdiction over submerged lands Nothing contained in this section shall be construed to alter, limit, or modify any claim of any State to any jurisdiction over, or any right, title, or interest in, any submerged lands. (i) Sulphur leases; award to highest bidder; method of bidding In order to meet the urgent need for further exploration and development of the sulphur deposits in the submerged lands of the outer Continental Shelf, the Secretary is authorized to grant to the qualified persons offering the highest cash bonuses on a basis of competitive bidding sulphur leases on submerged lands of the outer Continental Shelf, which are not covered by leases which include sulphur and meet the requirements of section 1335(a) of this title (j) Terms and provisions of sulphur leases A sulphur lease issued by the Secretary pursuant to this section shall (1) cover an area of such size and dimensions as the Secretary may determine, (2) be for a period of not more than ten years and so long thereafter as sulphur may be produced from the area in paying quantities or drilling, well reworking, plant construction, or other operations for the production of sulphur, as approved by the Secretary, are conducted thereon, (3) require the payment to the United States of such royalty as may be specified in the lease but not less than 5 per centum of the gross production or value of the sulphur at the wellhead, and (4) contain such rental provisions and such other terms and provisions as the Secretary may by regulation prescribe at the time of offering the area for lease. (k) Other mineral leases; award to highest bidder; terms and conditions; agreements for use of resources for shore protection, beach or coastal wetlands restoration, or other projects (1) The Secretary is authorized to grant to the qualified persons offering the highest cash bonuses on a basis of competitive bidding leases of any mineral other than oil, gas, and sulphur in any area of the outer Continental Shelf not then under lease for such mineral upon such royalty, rental, and other terms and conditions as the Secretary may prescribe at the time of offering the area for lease. (2) (A) Notwithstanding paragraph (1), the Secretary may negotiate with any person an agreement for the use of Outer Continental Shelf sand, gravel and shell resources (i) for use in a program of, or project for, shore protection, beach restoration, or coastal wetlands restoration undertaken by a Federal, State, or local government agency; or (ii) for use in a construction project, other than a project described in clause (i), that is funded in whole or in part by or authorized by the Federal Government. (B) In carrying out a negotiation under this paragraph, the Secretary may assess a fee based on an assessment of the value of the resources and the public interest served by promoting development of the resources. No fee shall be assessed directly or indirectly under this subparagraph against a Federal, State, or local government agency. (C) The Secretary may, through this paragraph and in consultation with the Secretary of Commerce, seek to facilitate projects in the coastal zone, as such term is defined in section 1453 of title 16 section 1452 of title 16 (D) Any Federal agency which proposes to make use of sand, gravel and shell resources subject to the provisions of this subchapter shall enter into a Memorandum of Agreement with the Secretary concerning the potential use of those resources. The Secretary shall notify the Committee on Merchant Marine and Fisheries and the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on any proposed project for the use of those resources prior to the use of those resources. (l) Publication of notices of sale and terms of bidding Notice of sale of leases, and the terms of bidding, authorized by this section shall be published at least thirty days before the date of sale in accordance with rules and regulations promulgated by the Secretary. (m) Disposition of revenues All moneys paid to the Secretary for or under leases granted pursuant to this section shall be deposited in the Treasury in accordance with section 1338 of this title (n) Issuance of lease as nonprejudicial to ultimate settlement or adjudication of controversies The issuance of any lease by the Secretary pursuant to this subchapter, or the making of any interim arrangements by the Secretary pursuant to section 1336 of this title (o) Cancellation of leases for fraud The Secretary may cancel any lease obtained by fraud or misrepresentation. (p) Leases, easements, or rights-of-way for energy and related purposes (1) In general The Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating and other relevant departments and agencies of the Federal Government, may grant a lease, easement, or right-of-way on the outer Continental Shelf for activities not otherwise authorized in this subchapter, the Deepwater Port Act of 1974 ( 33 U.S.C. 1501 42 U.S.C. 9101 (A) support exploration, development, production, or storage of oil or natural gas, except that a lease, easement, or right-of-way shall not be granted in an area in which oil and gas preleasing, leasing, and related activities are prohibited by a moratorium; (B) support transportation of oil or natural gas, excluding shipping activities; (C) produce or support production, transportation, storage, or transmission of energy from sources other than oil and gas; (D) use, for energy-related purposes or for other authorized marine-related purposes, facilities currently or previously used for activities authorized under this subchapter, except that any oil and gas energy-related uses shall not be authorized in areas in which oil and gas preleasing, leasing, and related activities are prohibited by a moratorium; or (E) provide for, support, or are directly related to the injection of a carbon dioxide stream into sub-seabed geologic formations for the purpose of long-term carbon sequestration. (2) Payments and revenues (A) The Secretary shall establish royalties, fees, rentals, bonuses, or other payments to ensure a fair return to the United States for any lease, easement, or right-of-way granted under this subsection. (B) The Secretary shall provide for the payment of 27 percent of the revenues received by the Federal Government as a result of payments under this section from projects that are located wholly or partially within the area extending three nautical miles seaward of State submerged lands. Payments shall be made based on a formula established by the Secretary by rulemaking no later than 180 days after August 8, 2005 (3) Competitive or noncompetitive basis Except with respect to projects that meet the criteria established under section 388(d) of the Energy Policy Act of 2005, the Secretary shall issue a lease, easement, or right-of-way under paragraph (1) on a competitive basis unless the Secretary determines after public notice of a proposed lease, easement, or right-of-way that there is no competitive interest. (4) Requirements The Secretary shall ensure that any activity under this subsection is carried out in a manner that provides for (A) safety; (B) protection of the environment; (C) prevention of waste; (D) conservation of the natural resources of the outer Continental Shelf; (E) coordination with relevant Federal agencies; (F) protection of national security interests of the United States; (G) protection of correlative rights in the outer Continental Shelf; (H) a fair return to the United States for any lease, easement, or right-of-way under this subsection; (I) prevention of interference with reasonable uses (as determined by the Secretary) of the exclusive economic zone, the high seas, and the territorial seas; (J) consideration of (i) the location of, and any schedule relating to, a lease, easement, or right-of-way for an area of the outer Continental Shelf; and (ii) any other use of the sea or seabed, including use for a fishery, a sealane, a potential site of a deepwater port, or navigation; (K) public notice and comment on any proposal submitted for a lease, easement, or right-of-way under this subsection; and (L) oversight, inspection, research, monitoring, and enforcement relating to a lease, easement, or right-of-way under this subsection. (5) Lease duration, suspension, and cancellation The Secretary shall provide for the duration, issuance, transfer, renewal, suspension, and cancellation of a lease, easement, or right-of-way under this subsection. (6) Security The Secretary shall require the holder of a lease, easement, or right-of-way granted under this subsection to (A) furnish a surety bond or other form of security, as prescribed by the Secretary; (B) comply with such other requirements as the Secretary considers necessary to protect the interests of the public and the United States; and (C) provide for the restoration of the lease, easement, or right-of-way. (7) Coordination and consultation with affected State and local governments The Secretary shall provide for coordination and consultation with the Governor of any State or the executive of any local government that may be affected by a lease, easement, or right-of-way under this subsection. (8) Regulations Not later than 270 days after August 8, 2005 (9) Effect of subsection Nothing in this subsection displaces, supersedes, limits, or modifies the jurisdiction, responsibility, or authority of any Federal or State agency under any other Federal law. (10) Applicability This subsection does not apply to any area on the outer Continental Shelf within the exterior boundaries of any unit of the National Park System, National Wildlife Refuge System, or National Marine Sanctuary System, or any National Monument. ( Aug. 7, 1953, ch. 345,  8 67 Stat. 468 Pub. L. 95372, title II,  205(a) Sept. 18, 1978 92 Stat. 640 Pub. L. 99272, title VIII,  8003 Apr. 7, 1986 100 Stat. 148 Pub. L. 100202,  101(g) [title I,  100] Dec. 22, 1987 101 Stat. 1329213 Pub. L. 103426,  1(a) Oct. 31, 1994 108 Stat. 4371 Pub. L. 10458, title III Nov. 28, 1995 109 Stat. 563 Pub. L. 105362, title IX,  901(k) Nov. 10, 1998 112 Stat. 3290 Pub. L. 10653, title II,  215(b)(1) Aug. 17, 1999 113 Stat. 292 Pub. L. 10958, title III Aug. 8, 2005 119 Stat. 704 Pub. L. 11758, div. D, title III Nov. 15, 2021 135 Stat. 1003 Pub. L. 117169, title V,  50261 Aug. 16, 2022 136 Stat. 2056  Editorial Notes  References in Text The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (b)(7), is Pub. L. 93159 Nov. 27, 1973 87 Stat. 628 section 760g of Title 15 Sept. 30, 1981 Section 8004(b)(1)(B) of the Outer Continental Shelf Lands Act Amendments of 1985, referred to in subsec. (g)(5)(A), is section 8004(b)(1)(B) of Pub. L. 99272 The Deepwater Port Act of 1974, referred to in subsec. (p)(1), is Pub. L. 93627 Jan. 3, 1975 88 Stat. 2126 section 1501 of Title 33 The Ocean Thermal Energy Conversion Act of 1980, referred to in subsec. (p)(1), is Pub. L. 96320 Aug. 3, 1980 94 Stat. 974 section 9101 of Title 42 Section 388(d) of the Energy Policy Act of 2005, referred to in subsec. (p)(3), is section 388(d) of Pub. L. 10958 Codification In subsec. (a)(3)(C)(ii),  section 702 of title 5 5 U.S.C. 702 Pub. L. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 August 8, 2005 Pub. L. 10958 Amendments 2022Subsec. (a)(1)(A), (C). Pub. L. 117169,  50261(1) August 16, 2022 Subsec. (a)(1)(F). Pub. L. 117169,  50261(2) August 16, 2022 Subsec. (a)(1)(H). Pub. L. 117169,  50261(3) August 16, 2022 2021Subsec. (p)(1)(C). Pub. L. 11758,  40343 Subsec. (p)(1)(E). Pub. L. 11758,  40307(b) 2005 Pub. L. 10958,  388(c) Subsec. (a)(3)(B). Pub. L. 10958,  346 Subsec. (p). Pub. L. 10958,  388(a) 1999Subsec. (k)(2)(B). Pub. L. 10653 1998Subsec. (a)(9). Pub. L. 105362 1995Subsec. (a)(1)(H), (I). Pub. L. 10458,  303 Subsec. (a)(3). Pub. L. 10458,  302 1994Subsec. (k). Pub. L. 103426 1987Subsec. (g)(5)(A). Pub. L. 100202 section 1336 of this title 1986Subsec. (g)(1). Pub. L. 99272 (A) an identification and schedule of the areas and regions proposed to be offered for leasing; (B) all information concerning the geographical, geological, and ecological characteristics of such regions; (C) an estimate of the oil and gas reserves in the areas proposed for leasing; and (D) an identification of any field, geological structure, or trap located within three miles of the seaward boundary of such coastal State. Subsec. (g)(2). Pub. L. 99272 Subsec. (g)(3). Pub. L. 99272 Subsec. (g)(4). Pub. L. 99272 Subsec. (g)(5) to (7). Pub. L. 99272 1978Subsec. (a). Pub. L. 95372,  205(a) Subsec. (b). Pub. L. 95372,  205(a) Subsecs. (c) to (h). Pub. L. 95372,  205(b) Subsec. (i). Pub. L. 95372,  205(b) o Subsec. (j). Pub. L. 95372,  205(b) section 1349 of this title Subsecs. (k) to ( o Pub. L. 95372,  205(b) o Statutory Notes and Related Subsidiaries Regulations Secretary of the Interior required to promulgate regulations to carry out amendment by section 40307(b) of Pub. L. 11758 Nov. 15, 2021 section 40307(d) of Pub. L. 11758 section 1331 of this title Pub. L. 10458, title III,  305 Nov. 28, 1995 109 Stat. 566 The Secretary shall promulgate such rules and regulations as are necessary to implement the provisions of this title [amending this section and enacting provisions set out as notes under this section] within 180 days after the enactment of this Act [ Nov. 28, 1995 Savings Provision Pub. L. 10958, title III,  388(d) Aug. 8, 2005 119 Stat. 747  Nothing in the amendment made by subsection (a) [amending this section] requires the resubmittal of any document that was previously submitted or the reauthorization of any action that was previously authorized with respect to a project for which, before the date of enactment of this Act [ Aug. 8, 2005 (1) an offshore test facility has been constructed; or (2) a request for a proposal has been issued by a public authority. Pub. L. 10458, title III,  306 Nov. 28, 1995 109 Stat. 566 Nothing in this title [amending this section and enacting provisions set out as notes under this section] shall be construed to affect any offshore pre-leasing, leasing, or development moratorium, including any moratorium applicable to the Eastern Planning Area of the Gulf of Mexico located off the Gulf Coast of Florida.  Abolition of House Committee on Merchant Marine and Fisheries Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995 section 1(b)(3) of Pub. L. 10414 section 21 of Title 2  Transfer of Functions Functions vested in, or delegated to, Secretary of Energy and Department of Energy under or with respect to subsec. (a)(4) of this section, transferred to, and vested in, Secretary of the Interior, by section 100 of Pub. L. 97257 96 Stat. 841 section 7152 of Title 42 Functions of Secretary of the Interior to promulgate regulations under this subchapter which relate to fostering of competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures, terms, and conditions for acquisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42 Section 7152(b) of Title 42 Pub. L. 97100, title II,  201 Dec. 23, 1981 95 Stat. 1407 Nov. 5, 1981 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. 11758 section 18851 of Title 42 Clarification Pub. L. 11758, div. D, title III,  40307(c) Nov. 15, 2021 135 Stat. 1003 A carbon dioxide stream injected for the purpose of carbon sequestration under subparagraph (E) of section 8(p)(1) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(1) 33 U.S.C. 1402 33 U.S.C. 1401 Coordinated OCS Mapping Initiative Pub. L. 10958, title III,  388(b) Aug. 8, 2005 119 Stat. 746  (1)  In general The Secretary of the Interior, in cooperation with the Secretary of Commerce, the Commandant of the Coast Guard, and the Secretary of Defense, shall establish an interagency comprehensive digital mapping initiative for the outer Continental Shelf to assist in decisionmaking relating to the siting of activities under subsection (p) of section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 (2)  Use of data The mapping initiative shall use, and develop procedures for accessing, data collected before the date on which the mapping initiative is established, to the maximum extent practicable. (3)  Inclusions Mapping carried out under the mapping initiative shall include an indication of the locations on the outer Continental Shelf of (A) Federally-permitted activities; (B) obstructions to navigation; (C) submerged cultural resources; (D) undersea cables; (E) offshore aquaculture projects; and (F) any area designated for the purpose of safety, national security, environmental protection, or conservation and management of living marine resources. State Claims to Jurisdiction Over Submerged Lands Pub. L. 10958, title III,  388(e) Aug. 8, 2005 119 Stat. 747 Nothing in this section [amending this section and enacting provisions set out as notes under this section] shall be construed to alter, limit, or modify any claim of any State to any jurisdiction over, or any right, title, or interest in, any submerged lands. Reimbursement of Local Interests Pub. L. 10653, title II,  215(b)(2) Aug. 17, 1999 113 Stat. 293 Any amounts paid by non-Federal interests for beach erosion control, hurricane protection, shore protection, or storm damage reduction projects as a result of an assessment under section 8(k) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(k) Fees for Royalty Rate Relief Applications Pub. L. 104134, title I,  101(c) [title I] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 That beginning in fiscal year 1996 and thereafter, fees for royalty rate relief applications shall be established (and revised as needed) in Notices to Lessees, and shall be credited to this account in the program areas performing the function, and remain available until expended for the costs of administering the royalty rate relief authorized by 43 U.S.C. 1337(a)(3) Lease Sales Pub. L. 10458, title III,  304 Nov. 28, 1995 109 Stat. 565  For all tracts located in water depths of 200 meters or greater in the Western and Central Planning Area of the Gulf of Mexico, including that portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, any lease sale within five years of the date of enactment of this title [ Nov. 28, 1995 43 U.S.C. 1337(a)(1)(H) (1) 17.5 million barrels of oil equivalent for leases in water depths of 200 to 400 meters; (2) 52.5 million barrels of oil equivalent for leases in 400 to 800 meters of water; and (3) 87.5 million barrels of oil equivalent for leases in water depths greater than 800 meters. Distribution of Section 1337(g) Account Pub. L. 99272, title VIII,  8004 Apr. 7, 1986 100 Stat. 150  (a) Prior to April 15, 1986 (1) the amounts due and payable to each such State under paragraph (2) of section 8(g) of the Outer Continental Shelf Lands Act, as amended by this title [ 43 U.S.C. 1337(g)(2) October 1, 1985 (2) the amounts due each such State under subsection (b)(1)(A) of this section for the period prior to October 1, 1985 (b) (1) As a fair and equitable disposition of all revenues (including interest thereon) derived from any lease of Federal lands wholly or partially within 3 miles of the seaward boundary of a coastal State prior to October 1, 1985 (A) from the funds which were deposited in the separate account in the Treasury of the United States under section 8(g)(4) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(g)(4) section 8003 of this title Apr. 7, 1986      ($ million)  Louisiana 572 Texas 382 California 338 Alabama 66 Alaska 51 Mississippi 14 Florida 0.03 as well as 27 percent of the royalties, derived from any lease of Federal lands, which have been deposited through September 30, 1985 September 30, 1985 (B) from revenues derived from any lease of Federal lands under the Outer Continental Shelf Lands Act, as amended [ 43 U.S.C. 1331 Apr. 7, 1986      ($ million)  Louisiana 84 Texas 134 California 289 Alabama 7 Alaska 134 Mississippi 2. (2) The acceptance of any payment by a State under this section shall satisfy and release any and all claims of such State against the United States arising under, or related to, section 8(g) of the Outer Continental Shelf Lands Act [ 43 U.S.C. 1337(g) Apr. 7, 1986 (c) Notwithstanding any other provision of this Act, the amounts due and payable to the State of Louisiana prior to October 1, 1986 section 1301 of this title October 1, 1986 April 15, 1986 October 1, 1986  1338. Disposition of revenues  All rentals, royalties, and other sums paid to the Secretary or the Secretary of the Navy under any lease on the outer Continental Shelf for the period from June 5, 1950 ( Aug. 7, 1953, ch. 345,  9 67 Stat. 469  1338a. Moneys received as a result of forfeiture by Outer Continental Shelf permittee, lessee, or right-of-way holder; return of excess amounts  Notwithstanding section 3302 of title 31 November 5, 1990 Provided further ( Pub. L. 101512, title I Nov. 5, 1990 104 Stat. 1926 Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1386 Pub. L. 103332, title I Sept. 30, 1994 108 Stat. 2508  Editorial Notes Codification Section enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1991, and not as part of the Outer Continental Shelf Lands Act which comprises this subchapter. Amendments 1994 Pub. L. 103332 1992 Pub. L. 102381 Statutory Notes and Related Subsidiaries  Change of Name Title I of Pub. L. 103332 108 Stat. 2508 That where the account title Leasing and Royalty Management appears in any public law, the words Leasing and Royalty Management beginning in fiscal year 1995 and thereafter shall be construed to mean Royalty and Offshore Minerals Management. Effective Date of 1994 Amendment Title I of Pub. L. 103332 108 Stat. 2508 Pub. L. 103332 Executive Documents  Transfer of Functions The Minerals Management Service was abolished and functions divided among the Office of Natural Resources Revenue, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010 June 18, 2010  1339. Repealed. Pub. L. 104185,  8(b) Aug. 13, 1996 110 Stat. 1717   Section, act Aug. 7, 1953, ch. 345,  10 67 Stat. 469 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 104185,  8(b) Aug. 13, 1996 110 Stat. 1717 Aug. 13, 1996 Applicability of Repeal Repeal of section not applicable to any privately owned minerals or with respect to Indian lands, see sections 9 and 10 of Pub. L. 104185 section 1701 of Title 30  1340. Geological and geophysical explorations (a) Approved exploration plans (1) Any agency of the United States and any person authorized by the Secretary may conduct geological and geophysical explorations in the outer Continental Shelf, which do not interfere with or endanger actual operations under any lease maintained or granted pursuant to this subchapter, and which are not unduly harmful to aquatic life in such area. (2) The provisions of paragraph (1) of this subsection shall not apply to any person conducting explorations pursuant to an approved exploration plan on any area under lease to such person pursuant to the provisions of this subchapter. (b) Oil and gas exploration Except as provided in subsection (f) of this section, beginning ninety days after September 18, 1978 (c) Plan approval; State concurrence; plan provisions (1) Except as otherwise provided in this subchapter, prior to commencing exploration pursuant to any oil and gas lease issued or maintained under this subchapter, the holder thereof shall submit an exploration plan to the Secretary for approval. Such plan may apply to more than one lease held by a lessee in any one region of the outer Continental Shelf, or by a group of lessees acting under a unitization, pooling, or drilling agreement, and shall be approved by the Secretary if he finds that such plan is consistent with the provisions of this subchapter, regulations prescribed under this subchapter, including regulations prescribed by the Secretary pursuant to paragraph (8) of section 1334(a) of this title section 1334(a)(2)(A)(i) of this title section 1334(a)(2)(B) of this title (2) The Secretary shall not grant any license or permit for any activity described in detail in an exploration plan and affecting any land use or water use in the coastal zone of a State with a coastal zone management program approved pursuant to section 1455 of title 16 section 1456(c)(3)(B)(iii) of title 16 (3) An exploration plan submitted under this subsection shall include, in the degree of detail which the Secretary may by regulation require (A) a schedule of anticipated exploration activities to be understaken; 1 1 (B) a description of equipment to be used for such activities; (C) the general location of each well to be drilled; and (D) such other information deemed pertinent by the Secretary. (4) The Secretary may, by regulation, require that such plan be accompanied by a general statement of development and production intentions which shall be for planning purposes only and which shall not be binding on any party. (d) Drilling permit The Secretary may, by regulation, require any lessee operating under an approved exploration plan to obtain a permit prior to drilling any well in accordance with such plan. (e) Plan revisions; conduct of exploration activities (1) If a significant revision of an exploration plan approved under this subsection is submitted to the Secretary, the process to be used for the approval of such revision shall be the same as set forth in subsection (c) of this section. (2) All exploration activities pursuant to any lease shall be conducted in accordance with an approved exploration plan or an approved revision of such plan. (f) Drilling permits issued and exploration plans approved within 90-day period after September 18, 1978 (1) Exploration activities pursuant to any lease for which a drilling permit has been issued or for which an exploration plan has been approved, prior to ninety days after September 18, 1978 section 1334(a)(1)(B) of this title (2) The Secretary may require the holder of a lease described in paragraph (1) of this subsection to supply a general statement in accordance with subsection (c)(4) of this section, or to submit other information. (3) Nothing in this subsection shall be construed to amend the terms of any permit or plan to which this subsection applies. (g) Determinations requisite to issuance of permits Any permit for geological explorations authorized by this section shall be issued only if the Secretary determines, in accordance with regulations issued by the Secretary, that (1) the applicant for such permit is qualified; (2) the exploration will not interfere with or endanger operations under any lease issued or maintained pursuant to this subchapter; and (3) such exploration will not be unduly harmful to aquatic life in the area, result in pollution, create hazardous or unsafe conditions, unreasonably interfere with other uses of the area, or disturb any site, structure, or object of historical or archeological significance. (h) Lands beneath navigable waters adjacent to Phillip Burton Wilderness The Secretary shall not issue a lease or permit for, or otherwise allow, exploration, development, or production activities within fifteen miles of the boundaries of the Phillip Burton Wilderness as depicted on a map entitled Wilderness Plan, Point Reyes National Seashore, numbered 61290,000B and dated September 1976, unless the State of California issues a lease or permit for, or otherwise allows, exploration, development, or production activities on lands beneath navigable waters (as such term is defined in section 1301 of this title ( Aug. 7, 1953, ch. 345,  11 67 Stat. 469 Pub. L. 95372, title II,  206 Sept. 18, 1978 92 Stat. 647 Pub. L. 9968,  1(c) July 19, 1985 99 Stat. 166  Editorial Notes Amendments 1978 Pub. L. 95372 Statutory Notes and Related Subsidiaries  Change of Name Phillip Burton Wilderness was substituted for Point Reyes Wilderness in subsec. (h), pursuant to section 1(c) of Pub. L. 9968  Transfer of Functions Functions of Secretary of the Interior to promulgate regulations under this subchapter which relate to fostering of competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures, terms, and conditions for acquisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42 Section 7152(b) of Title 42 Pub. L. 97100, title II,  201 Dec. 23, 1981 95 Stat. 1407 Nov. 5, 1981  1341. Reservation of lands and rights (a) Withdrawal of unleased lands by President The President of the United States may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf. (b) First refusal of mineral purchases In time of war, or when the President shall so prescribe, the United States shall have the right of first refusal to purchase at the market price all or any portion of any mineral produced from the outer Continental Shelf. (c) National security clause All leases issued under this subchapter, and leases, the maintenance and operation of which are authorized under this subchapter, shall contain or be construed to contain a provision whereby authority is vested in the Secretary, upon a recommendation of the Secretary of Defense, during a state of war or national emergency declared by the Congress or the President of the United States after August 7, 1953 (d) National defense areas; suspension of operations; extension of leases The United States reserves and retains the right to designate by and through the Secretary of Defense, with the approval of the President, as areas restricted from exploration and operation that part of the outer Continental Shelf needed for national defense; and so long as such designation remains in effect no exploration or operations may be conducted on any part of the surface of such area except with the concurrence of the Secretary of Defense; and if operations or production under any lease theretofore issued on lands within any such restricted area shall be suspended, any payment of rentals, minimum royalty, and royalty prescribed by such lease likewise shall be suspended during such period of suspension of operation and production, and the term of such lease shall be extended by adding thereto any such suspension period, and the United States shall be liable to the lessee for such compensation as is required to be paid under the Constitution of the United States. (e) Source materials essential to production of fissionable materials All uranium, thorium, and all other materials determined pursuant to paragraph (1) of subsection (b) of section 5 of the Atomic Energy Act of 1946, as amended, to be peculiarly essential to the production of fissionable material, contained, in whatever concentration, in deposits in the subsoil or seabed of the outer Continental Shelf are reserved for the use of the United States. (f) Helium ownership; rules and regulations governing extraction The United States reserves and retains the ownership of and the right to extract all helium, under such rules and regulations as shall be prescribed by the Secretary, contained in gas produced from any portion of the outer Continental Shelf which may be subject to any lease maintained or granted pursuant to this subchapter, but the helium shall be extracted from such gas so as to cause no substantial delay in the delivery of gas produced to the purchaser of such gas. ( Aug. 7, 1953, ch. 345,  12 67 Stat. 469  Editorial Notes  References in Text Paragraph (1) of subsection (b) of section 5 of the Atomic Energy Act of 1946, as amended, referred to in subsec. (e), is par. (1) of section 5(b) of act Aug. 1, 1946, ch. 724 60 Stat. 755 section 1805 of Title 42 act Aug. 30, 1954, ch. 1073,  1 68 Stat. 919 section 2014(z) of Title 42 Executive Documents Key Largo Coral Reef Preserve Withdrawal of area designated Key Largo Coral Reef Preserve from disposition, see Proc. No. 3339, Mar. 15, 1960 section 320101 of Title 54  1342. Prior claims as unaffected  Nothing herein contained shall affect such rights, if any, as may have been acquired under any law of the United States by any person in lands subject to this subchapter and such rights, if any, shall be governed by the law in effect at the time they may have been acquired: Provided, however ( Aug. 7, 1953, ch. 345,  14 67 Stat. 470  1343. Repealed. Pub. L. 105362, title IX,  901(l)(1) Nov. 10, 1998 112 Stat. 3290   Section, acts Aug. 7, 1953, ch. 345,  15 67 Stat. 470 Pub. L. 95372, title II,  207 Sept. 18, 1978 92 Stat. 648 Pub. L. 99367,  2(a) July 31, 1986 100 Stat. 774  1344. Outer Continental Shelf leasing program (a) Schedule of proposed oil and gas lease sales The Secretary, pursuant to procedures set forth in subsections (c) and (d) of this section, shall prepare and periodically revise, and maintain an oil and gas leasing program to implement the policies of this subchapter. The leasing program shall consist of a schedule of proposed lease sales indicating, as precisely as possible, the size, timing, and location of leasing activity which he determines will best meet national energy needs for the five-year period following its approval or reapproval. Such leasing program shall be prepared and maintained in a manner consistent with the following principles: (1) Management of the outer Continental Shelf shall be conducted in a manner which considers economic, social, and environmental values of the renewable and nonrenewable resources contained in the outer Continental Shelf, and the potential impact of oil and gas exploration on other resource values of the outer Continental Shelf and the marine, coastal, and human environments. (2) Timing and location of exploration, development, and production of oil and gas among the oil- and gas-bearing physiographic regions of the outer Continental Shelf shall be based on a consideration of (A) existing information concerning the geographical, geological, and ecological characteristics of such regions; (B) an equitable sharing of developmental benefits and environmental risks among the various regions; (C) the location of such regions with respect to, and the relative needs of, regional and national energy markets; (D) the location of such regions with respect to other uses of the sea and seabed, including fisheries, navigation, existing or proposed sealanes, potential sites of deepwater ports, and other anticipated uses of the resources and space of the outer Continental Shelf; (E) the interest of potential oil and gas producers in the development of oil and gas resources as indicated by exploration or nomination; (F) laws, goals, and policies of affected States which have been specifically identified by the Governors of such States as relevant matters for the Secretarys consideration; (G) the relative environmental sensitivity and marine productivity of different areas of the outer Continental Shelf; and (H) relevant environmental and predictive information for different areas of the outer Continental Shelf. (3) The Secretary shall select the timing and location of leasing, to the maximum extent practicable, so as to obtain a proper balance between the potential for environmental damage, the potential for the discovery of oil and gas, and the potential for adverse impact on the coastal zone. (4) Leasing activities shall be conducted to assure receipt of fair market value for the lands leased and the rights conveyed by the Federal Government. (b) Estimates of appropriations and staff required for management of leasing program The leasing program shall include estimates of the appropriations and staff required to (1) obtain resource information and any other information needed to prepare the leasing program required by this section; (2) analyze and interpret the exploratory data and any other information which may be compiled under the authority of this subchapter; (3) conduct environmental studies and prepare any environmental impact statement required in accordance with this subchapter and with section 4332(2)(C) of title 42 (4) supervise operations conducted pursuant to each lease in the manner necessary to assure due diligence in the exploration and development of the lease area and compliance with the requirements of applicable law and regulations, and with the terms of the lease. (c) Suggestions from Federal agencies and affected State and local governments; submission of proposed program to Governors of affected States and Congress; publication in Federal Register (1) During the preparation of any proposed leasing program under this section, the Secretary shall invite and consider suggestions for such program from any interested Federal agency, including the Attorney General, in consultation with the Federal Trade Commission, and from the Governor of any State which may become an affected State under such proposed program. The Secretary may also invite or consider any suggestions from the executive of any affected local government in such an affected State, which have been previously submitted to the Governor of such State, and from any other person. (2) After such preparation and at least sixty days prior to publication of a proposed leasing program in the Federal Register pursuant to paragraph (3) of this subsection, the Secretary shall submit a copy of such proposed program to the Governor of each affected State for review and comment. The Governor may solicit comments from those executives of local governments in his State which he, in his discretion, determines will be affected by the proposed program. If any comment by such Governor is received by the Secretary at least fifteen days prior to submission to the Congress pursuant to such paragraph (3) and includes a request for any modification of such proposed program, the Secretary shall reply in writing, granting or denying such request in whole or in part, or granting such request in such modified form as the Secretary considers appropriate, and stating his reasons therefor. All such correspondence between the Secretary and the Governor of any affected State, together with any additional information and data relating thereto, shall accompany such proposed program when it is submitted to the Congress. (3) Within nine months after September 18, 1978 (d) Comments by Attorney General on anticipated effect on competition; comments by State or local governments; submission of program to President and Congress; issuance of leases in accordance with program (1) Within ninety days after the date of publication of a proposed leasing program, the Attorney General may, after consultation with the Federal Trade Commission, submit comments on the anticipated effects of such proposed program upon competition. Any State, local government, or other person may submit comments and recommendations as to any aspect of such proposed program. (2) At least sixty days prior to approving a proposed leasing program, the Secretary shall submit it to the President and the Congress, together with any comments received. Such submission shall indicate why any specific recommendation of the Attorney General or a State or local government was not accepted. (3) After the leasing program has been approved by the Secretary, or after eighteen months following September 18, 1978 (e) Review, revision, and reapproval of program The Secretary shall review the leasing program approved under this section at least once each year. He may revise and reapprove such program, at any time, and such revision and reapproval, except in the case of a revision which is not significant, shall be in the same manner as originally developed. (f) Procedural regulations for management of program The Secretary shall, by regulation, establish procedures for (1) receipt and consideration of nominations for any area to be offered for lease or to be excluded from leasing; (2) public notice of and participation in development of the leasing program; (3) review by State and local governments which may be impacted by the proposed leasing; (4) periodic consultation with State and local governments, oil and gas lessees and permittees, and representatives of other individuals or organizations engaged in activity in or on the outer Continental Shelf, including those involved in fish and shellfish recovery, and recreational activities; and (5) consideration of the coastal zone management program being developed or administered by an affected coastal State pursuant to section 1454 or section 1455 of title 16 Such procedures shall be applicable to any significant revision or reapproval of the leasing program. (g) Information from public and private sources; confidentiality of classified or privileged data The Secretary may obtain from public sources, or purchase from private sources, any survey, data, report, or other information (including interpretations of such data, survey, report, or other information) which may be necessary to assist him in preparing any environmental impact statement and in making other evaluations required by this subchapter. Data of a classified nature provided to the Secretary under the provisions of this subsection shall remain confidential for such period of time as agreed to by the head of the department or agency from whom the information is requested. The Secretary shall maintain the confidentiality of all privileged or proprietary data or information for such period of time as is provided for in this subchapter, established by regulation, or agreed to by the parties. (h) Information from all Federal departments and agencies; confidentiality of privileged or proprietary information The heads of all Federal departments and agencies shall provide the Secretary with any nonpriviledged 1 1 (i) Application This section shall not apply to the scheduling of any lease sale in an area of the outer Continental Shelf that is adjacent to the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands. ( Aug. 7, 1953, ch. 345,  18 Pub. L. 95372, title II,  208 Sept. 18, 1978 92 Stat. 649 Pub. L. 117169, title V,  50251(b)(1)(B) Aug. 16, 2022 136 Stat. 2055  Editorial Notes Amendments 2022Subsec. (i). Pub. L. 117169 Statutory Notes and Related Subsidiaries  Transfer of Functions Functions of Secretary of the Interior to promulgate regulations under this subchapter which relate to fostering of competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures, terms, and conditions for acquisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42 Section 7152(b) of Title 42 Pub. L. 97100, title II,  201 Dec. 23, 1981 95 Stat. 1407 Nov. 5, 1981  1345. Coordination and consultation with affected State and local governments (a) Recommendations regarding size, time, or location of proposed lease sales Any Governor of any affected State or the executive of any affected local government in such State may submit recommendations to the Secretary regarding the size, timing, or location of a proposed lease sale or with respect to a proposed development and production plan. Prior to submitting recommendations to the Secretary, the executive of any affected local government in any affected State must forward his recommendations to the Governor of such State. (b) Time for submission of recommendations Such recommendations shall be submitted within sixty days after notice of such proposed lease sale or after receipt of such development and production plan. (c) Acceptance or rejection of recommendations The Secretary shall accept recommendations of the Governor and may accept recommendations of the executive of any affected local government if he determines, after having provided the opportunity for consultation, that they provide for a reasonable balance between the national interest and the well-being of the citizens of the affected State. For purposes of this subsection, a determination of the national interest shall be based on the desirability of obtaining oil and gas supplies in a balanced manner and on the findings, purposes, and policies of this subchapter. The Secretary shall communicate to the Governor, in writing, the reasons for his determination to accept or reject such Governors recommendations, or to implement any alternative means identified in consultation with the Governor to provide for a reasonable balance between the national interest and the well-being of the citizens of the affected State. (d) Finality of acceptance or rejection of recommendations The Secretarys determination that recommendations provide, or do not provide, for a reasonable balance between the national interest and the well-being of the citizens of the affected State shall be final and shall not, alone, be a basis for invalidation of a proposed lease sale or a proposed development and production plan in any suit or judicial review pursuant to section 1349 of this title (e) Cooperative agreements The Secretary is authorized to enter into cooperative agreements with affected States for purposes which are consistent with this subchapter and other applicable Federal law. Such agreements may include, but need not be limited to, the sharing of information (in accordance with the provisions of section 1352 of this title ( Aug. 7, 1953, ch. 345,  19 Pub. L. 95372, title II,  208 Sept. 18, 1978 92 Stat. 652  1346. Environmental studies (a) Information for assessment and management of impacts on environment; time for study; impacts on marine biota from pollution or large spills (1) The Secretary shall conduct a study of any area or region included in any oil and gas lease sale or other lease in order to establish information needed for assessment and management of environmental impacts on the human, marine, and coastal environments of the outer Continental Shelf and the coastal areas which may be affected by oil and gas or other mineral development in such area or region. (2) Each study required by paragraph (1) of this subsection shall be commenced not later than six months after September 18, 1978 September 18, 1978 September 18, 1978 section 1337(k)(2) of this title September 18, 1978 (3) In addition to developing environmental information, any study of an area or region, to the extent practicable, shall be designed to predict impacts on the marine biota which may result from chronic low level pollution or large spills associated with outer Continental Shelf production, from the introduction of drill cuttings and drilling muds in the area, and from the laying of pipe to serve the offshore production area, and the impacts of development offshore on the affected and coastal areas. (b) Additional studies subsequent to leasing and development of area Subsequent to the leasing and developing of any area or region, the Secretary shall conduct such additional studies to establish environmental information as he deems necessary and shall monitor the human, marine, and coastal environments of such area or region in a manner designed to provide time-series and data trend information which can be used for comparison with any previously collected data for the purpose of identifying any significant changes in the quality and productivity of such environments, for establishing trends in the areas studied and monitored, and for designing experiments to identify the causes of such changes. (c) Procedural regulations for conduct of studies; cooperation with affected States; utilization of information from Federal, State and local governments and agencies The Secretary shall, by regulation, establish procedures for carrying out his duties under this section, and shall plan and carry out such duties in full cooperation with affected States. To the extent that other Federal agencies have prepared environmental impact statements, are conducting studies, or are monitoring the affected human, marine, or coastal environment, the Secretary may utilize the information derived therefrom in lieu of directly conducting such activities. The Secretary may also utilize information obtained from any State or local government, or from any person, for the purposes of this section. For the purpose of carrying out his responsibilities under this section, the Secretary may by agreement utilize, with or without reimbursement, the services, personnel, or facilities of any Federal, State, or local government agency. (d) Consideration of relevant environmental information in developing regulations, lease conditions and operating orders The Secretary shall consider available relevant environmental information in making decisions (including those relating to exploration plans, drilling permits, and development and production plans), in developing appropriate regulations and lease conditions, and in issuing operating orders. (e) Assessment of cumulative effects of activities on environment; submission to Congress As soon as practicable after the end of every 3 fiscal years, the Secretary shall submit to the Congress and make available to the general public an assessment of the cumulative effect of activities conducted under this subchapter on the human, marine, and coastal environments. (f) Utilization of capabilities of Department of Commerce In executing his responsibilities under this section, the Secretary shall, to the maximum extent practicable, enter into appropriate arrangements to utilize on a reimbursable basis the capabilities of the Department of Commerce. In carrying out such arrangements, the Secretary of Commerce is authorized to enter into contracts or grants with any person, organization, or entity with funds appropriated to the Secretary of the Interior pursuant to this subchapter. ( Aug. 7, 1953, ch. 345,  20 Pub. L. 95372, title II,  208 Sept. 18, 1978 92 Stat. 653 Pub. L. 103426,  1(b) Oct. 31, 1994 108 Stat. 4371 Pub. L. 10466, title I,  1082(b) Dec. 21, 1995 109 Stat. 722  Editorial Notes Amendments 1995Subsec. (e). Pub. L. 10466 1994Subsec. (a)(1). Pub. L. 103426,  1(b)(1) Subsec. (a)(2). Pub. L. 103426,  1(b)(2) section 1337(k)(2) of this title Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1347. Safety and health regulations (a) Joint study of adequacy of existing safety and health regulations; submission to President and Congress Upon September 18, 1978 (b) Use of best available and safest economically feasible technologies In exercising their respective responsibilities for the artificial islands, installations, and other devices referred to in section 1333(a)(1) of this title (c) Regulations applying to unregulated hazardous working conditions The Secretary of the Department in which the Coast Guard is operating shall promulgate regulations or standards applying to unregulated hazardous working conditions related to activities on the outer Continental Shelf when he determines such regulations or standards are necessary. The Secretary of the Department in which the Coast Guard is operating may from time to time modify any regulations, interim or final, dealing with hazardous working conditions on the outer Continental Shelf. (d) Application of other laws Nothing in this subchapter shall affect the authority provided by law to the Secretary of Labor for the protection of occupational safety and health, the authority provided by law to the Administrator of the Environmental Protection Agency for the protection of the environment, or the authority provided by law to the Secretary of Transportation with respect to pipeline safety. (e) Studies of underwater diving techniques and equipment The Secretary of Commerce, in cooperation with the Secretary of the Department in which the Coast Guard is operating, and the Director of the National Institute of Occupational Safety and Health, shall conduct studies of underwater diving techniques and equipment suitable for protection of human safety and improvement of diver performance. Such studies shall include, but need not be limited to, decompression and excursion table development and improvement and all aspects of diver physiological restraints and protective gear for exposure to hostile environments. (f) Coordination and consultation with Federal departments and agencies; availability to interested persons of compilation of safety regulations (1) In administering the provisions of this section, the Secretary shall consult and coordinate with the heads of other appropriate Federal departments and agencies for purposes of assuring that, to the maximum extent practicable, inconsistent or duplicative requirements are not imposed. (2) The Secretary shall make available to any interested person a compilation of all safety and other regulations which are prepared and promulgated by any Federal department or agency and applicable to activities on the outer Continental Shelf. Such compilation shall be revised and updated annually. ( Aug. 7, 1953, ch. 345,  21 Pub. L. 95372, title II,  208 Sept. 18, 1978 92 Stat. 654  Statutory Notes and Related Subsidiaries  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6  1348. Enforcement of safety and environmental regulations (a) Utilization of Federal departments and agencies The Secretary, the Secretary of the Department in which the Coast Guard is operating, and the Secretary of the Army shall enforce safety and environmental regulations promulgated pursuant to this subchapter. Each such Federal department may by agreement utilize, with or without reimbursement, the services, personnel, or facilities of other Federal departments and agencies for the enforcement of their respective regulations. (b) Duties of holders of lease or permit It shall be the duty of any holder of a lease or permit under this subchapter to (1) maintain all places of employment within the lease area or within the area covered by such permit in compliance with occupational safety and health standards and, in addition, free from recognized hazards to employees of the lease holder or permit holder or of any contractor or subcontractor operating within such lease area or within the area covered by such permit on the outer Continental Shelf; (2) maintain all operations within such lease area or within the area covered by such permit in compliance with regulations intended to protect persons, property, and the environment on the outer Continental Shelf; and (3) allow prompt access, at the site of any operation subject to safety regulations, to any inspector, and to provide such documents and records which are pertinent to occupational or public health, safety, or environmental protection, as may be requested. (c) Onsite inspection of facilities The Secretary and the Secretary of the Department in which the Coast Guard is operating shall individually, or jointly if they so agree, promulgate regulations to provide for (1) scheduled onsite inspection, at least once a year, of each facility on the outer Continental Shelf which is subject to any environmental or safety regulation promulgated pursuant to this subchapter, which inspection shall include all safety equipment designed to prevent or ameliorate blowouts, fires, spillages, or other major accidents; and (2) periodic onsite inspection without advance notice to the operator of such facility to assure compliance with such environmental or safety regulations. (d) Investigation and report on major fires, oil spills, death, or serious injury (1) The Secretary or the Secretary of the Department in which the Coast Guard is operating shall make an investigation and public report on each major fire and each major oil spillage occurring as a result of operations conducted pursuant to this subchapter, and may, in his discretion, make an investigation and report of lesser oil spillages. For purposes of this subsection, a major oil spillage is any spillage in one instance of more than two hundred barrels of oil during a period of thirty days. All holders of leases or permits issued or maintained under this subchapter shall cooperate with the appropriate Secretary in the course of any such investigation. (2) The Secretary or the Secretary of the Department in which the Coast Guard is operating shall make an investigation and public report on any death or serious injury occurring as a result of operations conducted pursuant to this subchapter, and may, in his discretion, make an investigation and report of any injury. For purposes of this subsection, a serious injury is one resulting in substantial impairment of any bodily unit or function. All holders of leases or permits issued or maintained under this subchapter shall cooperate with the appropriate Secretary in the course of any such investigation. (e) Review of allegations of violations The Secretary, or, in the case of occupational safety and health, the Secretary of the Department in which the Coast Guard is operating, may review any allegation from any person of the existence of a violation of a safety regulation issued under this subchapter. (f) Summoning of witnesses and production of evidence In any investigation conducted pursuant to this section, the Secretary or the Secretary of the Department in which the Coast Guard is operating shall have power to summon witnesses and to require the production of books, papers, documents, and any other evidence. Attendance of witnesses or the production of books, papers, documents, or any other evidence shall be compelled by a similar process, as in the district courts of the United States. Such Secretary, or his designee, shall administer all necessary oaths to any witnesses summoned before such investigation. ( Aug. 7, 1953, ch. 345,  22 Pub. L. 95372, title II,  208 Sept. 18, 1978 92 Stat. 655 Pub. L. 105362, title IX,  901 l Nov. 10, 1998 112 Stat. 3290  Editorial Notes Amendments 1998Subsec. (g). Pub. L. 105362 section 1343 of this title section 1347(e) of this title Statutory Notes and Related Subsidiaries  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Report and Recommendations by Secretary to Congress for Training Program Pub. L. 95372, title VI,  607 Sept. 18, 1978 92 Stat. 697 Sept. 18, 1978  1349. Citizens suits, jurisdiction and judicial review (a) Persons who may bring actions; persons against whom action may be brought; time of action; intervention by Attorney General; costs and fees; security (1) Except as provided in this section, any person having a valid legal interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this subchapter against any person, including the United States, and any other government instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution) for any alleged violation of any provision of this subchapter or any regulation promulgated under this subchapter, or of the terms of any permit or lease issued by the Secretary under this subchapter. (2) Except as provided in paragraph (3) of this subsection, no action may be commenced under subsection (a)(1) of this section (A) prior to sixty days after the plaintiff has given notice of the alleged violation, in writing under oath, to the Secretary and any other appropriate Federal official, to the State in which the violation allegedly occurred or is occurring, and to any alleged violator; or (B) if the Attorney General has commenced and is diligently prosecuting a civil action in a court of the United States or a State with respect to such matter, but in any such action in a court of the United States any person having a legal interest which is or may be adversely affected may intervene as a matter of right. (3) An action may be brought under this subsection immediately after notification of the alleged violation in any case in which the alleged violation constitutes an imminent threat to the public health or safety or would immediately affect a legal interest of the plaintiff. (4) In any action commenced pursuant to this section, the Attorney General, upon the request of the Secretary or any other appropriate Federal official, may intervene as a matter of right. (5) A court, in issuing any final order in any action brought pursuant to subsection (a)(1) or subsection (c) of this section, may award costs of litigation, including reasonable attorney and expert witness fees, to any party, whenever such court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in a sufficient amount to compensate for any loss or damage suffered, in accordance with the Federal Rules of Civil Procedure. (6) Except as provided in subsection (c) of this section, all suits challenging actions or decisions allegedly in violation of, or seeking enforcement of, the provisions of this subchapter, or any regulation promulgated under this subchapter, or the terms of any permit or lease issued by the Secretary under this subchapter, shall be undertaken in accordance with the procedures described in this subsection. Nothing in this section shall restrict any right which any person or class of persons may have under any other Act or common law to seek appropriate relief. (b) Jurisdiction and venue of actions (1) Except as provided in subsection (c) of this section, the district courts of the United States shall have jurisdiction of cases and controversies arising out of, or in connection with (A) any operation conducted on the outer Continental Shelf which involves exploration, development, or production of the minerals, of the subsoil and seabed of the outer Continental Shelf, or which involves rights to such minerals, or (B) the cancellation, suspension, or termination of a lease or permit under this subchapter. Proceedings with respect to any such case or controversy may be instituted in the judicial district in which any defendant resides or may be found, or in the judicial district of the State nearest the place the cause of action arose. (2) Any resident of the United States who is injured in any manner through the failure of any operator to comply with any rule, regulation, order, or permit issued pursuant to this subchapter may bring an action for damages (including reasonable attorney and expert witness fees) only in the judicial district having jurisdiction under paragraph (1) of this subsection. (c) Review of Secretarys approval of leasing program; review of approval, modification or disapproval of exploration or production plan; persons who may seek review; scope of review; certiorari to Supreme Court (1) Any action of the Secretary to approve a leasing program pursuant to section 1344 of this title 1 1 (2) Any action of the Secretary to approve, require modification of, or disapprove any exploration plan or any development and production plan under this subchapter shall be subject to judicial review only in a United States court of appeals for a circuit in which an affected State is located. (3) The judicial review specified in paragraphs (1) and (2) of this subsection shall be available only to a person who (A) participated in the administrative proceedings related to the actions specified in such paragraphs, (B) is adversely affected or aggrieved by such action, (C) files a petition for review of the Secretarys action within sixty days after the date of such action, and (D) promptly transmits copies of the petition to the Secretary and to the Attorney General. (4) Any action of the Secretary specified in paragraph (1) or (2) shall only be subject to review pursuant to the provisions of this subsection, and shall be specifically excluded from citizen suits which are permitted pursuant to subsection (a) of this section. (5) The Secretary shall file in the appropriate court the record of any public hearings required by this subchapter and any additional information upon which the Secretary based his decision, as required by section 2112 of title 28 (6) The court of appeals conducting a proceeding pursuant to this subsection shall consider the matter under review solely on the record made before the Secretary. The findings of the Secretary, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or modify any order or decision or may remand the proceedings to the Secretary for such further action as it may direct. (7) Upon the filing of the record with the court, pursuant to paragraph (5), the jurisdiction of the court shall be exclusive and its judgment shall be final, except that such judgment shall be subject to review by the Supreme Court of the United States upon writ of certiorari. ( Aug. 7, 1953, ch. 345,  23 Pub. L. 95372, title II,  208 Sept. 18, 1978 92 Stat. 657 Pub. L. 98620, title IV,  402(44) Nov. 8, 1984 98 Stat. 3360  Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (a)(5), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Amendments 1984Subsec. (d). Pub. L. 98620 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98620 Nov. 8, 1984 section 403 of Pub. L. 98620 section 1657 of Title 28  1350. Remedies and penalties (a) Injunctions, restraining orders, etc. At the request of the Secretary, the Secretary of the Army, or the Secretary of the Department in which the Coast Guard is operating, the Attorney General or a United States attorney shall institute a civil action in the district court of the United States for the district in which the affected operation is located for a temporary restraining order, injunction, or other appropriate remedy to enforce any provision of this subchapter, any regulation or order issued under this subchapter, or any term of a lease, license, or permit issued pursuant to this subchapter. (b) Civil penalties; hearing (1) Except as provided in paragraph (2), if any person fails to comply with any provision of this subchapter, or any term of a lease, license, or permit issued pursuant to this subchapter, or any regulation or order issued under this subchapter, after notice of such failure and expiration of any reasonable period allowed for corrective action, such person shall be liable for a civil penalty of not more than $20,000 for each day of the continuance of such failure. The Secretary may assess, collect, and compromise any such penalty. No penalty shall be assessed until the person charged with a violation has been given an opportunity for a hearing. The Secretary shall, by regulation at least every 3 years, adjust the penalty specified in this paragraph to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor. (2) If a failure described in paragraph (1) constitutes or constituted a threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment, a civil penalty may be assessed without regard to the requirement of expiration of a period allowed for corrective action. (c) Criminal penalties Any person who knowingly and willfully (1) violates any provision of this subchapter, any term of a lease, license, or permit issued pursuant to this subchapter, or any regulation or order issued under the authority of this subchapter designed to protect health, safety, or the environment or conserve natural resources, (2) makes any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under this subchapter, (3) falsifies, tampers with, or renders inaccurate any monitoring device or method of record required to be maintained under this subchapter, or (4) reveals any data or information required to be kept confidential by this subchapter shall, upon conviction, be punished by a fine of not more than $100,000, or by imprisonment for not more than ten years, or both. Each day that a violation under clause (1) of this subsection continues, or each day that any monitoring device or data recorder remains inoperative or inaccurate because of any activity described in clause (3) of this subsection, shall constitute a separate violation. (d) Liability of corporate officers and agents for violations by corporation Whenever a corporation or other entity is subject to prosecution under subsection (c) of this section, any officer or agent of such corporation or entity who knowingly and willfully authorized, ordered, or carried out the proscribed activity shall be subject to the same fines or imprisonment, or both, as provided for under subsection (c) of this section. (e) Concurrent and cumulative nature of penalties The remedies and penalties prescribed in this subchapter shall be concurrent and cumulative and the exercise of one shall not preclude the exercise of the others. Further, the remedies and penalties prescribed in this subchapter shall be in addition to any other remedies and penalties afforded by any other law or regulation. ( Aug. 7, 1953, ch. 345,  24 Pub. L. 95372, title II,  208 Sept. 18, 1978 92 Stat. 659 Pub. L. 101380, title VIII,  8201 Aug. 18, 1990 104 Stat. 570  Editorial Notes Amendments 1990Subsec. (b). Pub. L. 101380 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101380 Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of Title 33  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6  1351. Oil and gas development and production (a) Development and production plans; submission to Secretary; statement of facilities and operation; submission to Governors of affected States and local governments (1) Prior to development and production pursuant to an oil and gas lease issued after September 18, 1978 September 18, 1978 September 18, 1978 (2) A plan shall be accompanied by a statement describing all facilities and operations, other than those on the outer Continental Shelf, proposed by the lessee and known by him (whether or not owned or operated by such lessee) which will be constructed or utilized in the development and production of oil or gas from the lease area, including the location and site of such facilities and operations, the land, labor, material, and energy requirements associated with such facilities and operations, and all environmental and safety safeguards to be implemented. (3) Except for any privileged or proprietary information (as such term is defined in regulations issued by the Secretary), the Secretary, within ten days after receipt of a plan and statement, shall (A) submit such plan and statement to the Governor of any affected State, and, upon request to the executive of any affected local government, and (B) make such plan and statement available to any appropriate interstate regional entity and the public. (b) Development and production activities in accordance with plan as lease requirement After September 18, 1978 (c) Scope and contents of plan A plan may apply to more than one oil and gas lease, and shall set forth, in the degree of detail established by regulations issued by the Secretary (1) the specific work to be performed; (2) a description of all facilities and operations located on the outer Continental Shelf which are proposed by the lessee or known by him (whether or not owned or operated by such lessee) to be directly related to the proposed development, including the location and size of such facilities and operations, and the land, labor, material, and energy requirements associated with such facilities and operations; (3) the environmental safeguards to be implemented on the outer Continental Shelf and how such safeguards are to be implemented; (4) all safety standards to be met and how such standards are to be met; (5) an expected rate of development and production and a time schedule for performance; and (6) such other relevant information as the Secretary may by regulation require. (d) State concurrence in land or water zone use in coastal zone of State The Secretary shall not grant any license or permit for any activity described in detail in a plan and affecting any land use or water use in the coastal zone of a State with a coastal zone management program approved pursuant to section 306 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 16 U.S.C. 1456(c)(3)(B)(i) 16 U.S.C. 1456(c)(3)(B)(iii) (e) Declaration of approval of development and production plan as major Federal action; submission of preliminary or final lease plans prior to commencement of National Environmental Policy provisions procedures (1) At least once the Secretary shall declare the approval of a development and production plan in any area or region (as defined by the Secretary) of the outer Continental Shelf, other than the Gulf of Mexico, to be a major Federal action. (2) The Secretary may require lessees of tracts for which development and production plans have not been approved, to submit preliminary or final plans for their leases, prior to or immediately after a determination by the Secretary that the procedures under the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 (f) Plans considered major Federal actions; submission of draft environmental impact statement to Governors of affected States and local governments If approval of a development and production plan is found to be a major Federal action, the Secretary shall transmit the draft environmental impact statement to the Governor of any affected State, and upon request, to the executive of any local government, and shall make such draft available to any appropriate interstate regional entity and the public. (g) Plans considered nonmajor Federal actions; comments and recommendations from States If approval of a development and production plan is not found to be a major Federal action, the Governor of any affected State and the executive of any affected local government shall have sixty days from the date of receipt of the plan from the Secretary to submit comments and recommendations. Prior to submitting recommendations to the Secretary, the executive of any affected local government must forward his recommendations to the Governor of his State. Such comments and recommendations shall be made available to the public upon request. In addition, any interested person may submit comments and recommendations. (h) Approval, disapproval or modification of plan; reapplication; periodic review (1) After reviewing the record of any public hearing held with respect to the approval of a plan pursuant to the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 section 1334(a) of this title 16 U.S.C. 1455 16 U.S.C. 1456(c)(3)(B)(i) 16 U.S.C. 1456(c)(3)(B)(iii) (A) if the lessee fails to demonstrate that he can comply with the requirements of this subchapter or other applicable Federal law, including the regulations prescribed by the Secretary pursuant to paragraph (8) of section 1334(a) of this title (B) if any of the activities described in detail in the plan for which a Federal license or permit is required and which affects any land use or water use in the coastal zone of a State with a coastal zone management program approved pursuant to section 306 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 16 U.S.C. 1456(c)(3)(B)(i) 16 U.S.C. 1456(c)(3)(B)(iii) (C) if operations threaten national security or national defense; or (D) if the Secretary determines, because of exceptional geological conditions in the lease areas, exceptional resource values in the marine or coastal environment, or other exceptional circumstances, that (i) implementation of the plan would probably cause serious harm or damage to life (including fish and other aquatic life), to property, to any mineral deposits (in areas leased or not leased), to the national security or defense, or to the marine, coastal or human environments, (ii) the threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time, and (iii) the advantages of disapproving the plan outweigh the advantages of development and production. (2) (A) If a plan is disapproved (i) under subparagraph (A) of paragraph (1); or (ii) under subparagraph (B) of paragraph (1) with respect to a lease issued after approval of a coastal zone management program pursuant to the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 the lessee shall not be entitled to compensation because of such disapproval. (B) If a plan is disapproved (i) under subparagraph (C) or (D) of paragraph (1); or (ii) under subparagraph (B) of paragraph (1) with respect to a lease issued before approval of a coastal zone management program pursuant to the Coastal Zone Management Act of 1972 [ 16 U.S.C. 1451 the term of the lease shall be duly extended, and at any time within five years after such disapproval, the lessee may reapply for approval of the same or a modified plan, and the Secretary shall approve, disapprove, or require modifications of such plan in accordance with this subsection. (C) Upon expiration of the five-year period described in subparagraph (B) of this paragraph, or, in the Secretarys discretion, at an earlier time upon request of a lessee, if the Secretary has not approved a plan, the Secretary shall cancel the lease and the lessee shall be entitled to receive compensation in accordance with section 1334(a)(2)(C) of this title section 1334(c) of this title (3) The Secretary shall, from time to time, review each plan approved under this section. Such review shall be based upon changes in available information and other onshore or offshore conditions affecting or impacted by development and production pursuant to such plan. If the review indicates that the plan should be revised to meet the requirements of this subsection, the Secretary shall require such revision. (i) Approval of revision of approved plan The Secretary may approve any revision of an approved plan proposed by the lessee if he determines that such revision will lead to greater recovery of oil and natural gas, improve the efficiency, safety, and environmental protection of the recovery operation, is the only means available to avoid substantial economic hardship to the lessee, or is otherwise not inconsistent with the provisions of this subchapter, to the extent such revision is consistent with protection of the human, marine, and coastal environments. Any revision of an approved plan which the Secretary determines is significant shall be reviewed in accordance with subsections (d) through (f) of this section. (j) Cancellation of lease on failure to submit plan or comply with approved plan Whenever the owner of any lease fails to submit a plan in accordance with regulations issued under this section, or fails to comply with an approved plan, the lease may be canceled in accordance with section 1334(c) and (d) of this title. Termination of a lease because of failure to comply with an approved plan, including required modifications or revisions, shall not entitle a lessee to any compensation. (k) Production and transportation of natural gas; submission of plan to Federal Energy Regulatory Commission; impact statement If any development and production plan submitted to the Secretary pursuant to this section provides for the production and transportation of natural gas, the lessee shall contemporaneously submit to the Federal Energy Regulatory Commission that portion of such plan which relates to production of natural gas and the facilities for transportation of natural gas. The Secretary and the Federal Energy Regulatory Commission shall agree as to which of them shall prepare an environmental impact statement pursuant to the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 section 717f of title 15 (l) Application of provisions to leases in Gulf of Mexico The Secretary may require the provisions of this section to apply to an oil and gas lease issued or maintained under this subchapter, which is located in that area of the Gulf of Mexico which is adjacent to the State of Florida, as determined pursuant to section 1333(a)(2) of this title ( Aug. 7, 1953, ch. 345,  25 Pub. L. 95372, title II,  208 Sept. 18, 1978 92 Stat. 659  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsecs. (e)(2), (h)(1), and (k), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Coastal Zone Management Act of 1972, referred to in subsec. (h)(2)(A)(ii), (B)(ii), is title III of Pub. L. 89454 Pub. L. 92583 Oct. 27, 1972 86 Stat. 1280 section 1451 of Title 16  1352. Oil and gas information program (a) Access to data and information obtained by lessee or permittee from oil or gas exploration, etc., data obtained by Federal department or agency from geological and geophysical explorations (1) (A) Any lessee or permittee conducting any exploration for, or development or production of, oil or gas pursuant to this subchapter shall provide the Secretary access to all data and information (including processed, analyzed, and interpreted information) obtained from such activity and shall provide copies of such data and information as the Secretary may request. Such data and information shall be provided in accordance with regulations which the Secretary shall prescribe. (B) If an interpretation provided pursuant to subparagraph (A) of this paragraph is made in good faith by the lessee or permittee, such lessee or permittee shall not be held responsible for any consequence of the use of or reliance upon such interpretation. (C) Whenever any data and information is provided to the Secretary, pursuant to subparagraph (A) of this paragraph (i) by a lessee, in the form and manner of processing which is utilized by such lessee in the normal conduct of his business, the Secretary shall pay the reasonable cost of reproducing such data and information; (ii) by a lessee, in such other form and manner of processing as the Secretary may request, the Secretary shall pay the reasonable cost of processing and reproducing such data and information; (iii) by a permittee, in the form and manner of processing which is utilized by such permittee in the normal conduct of his business, the Secretary shall pay such permittee the reasonable cost of reproducing such data and information for the Secretary and shall pay at the lowest rate available to any purchaser for processing such data and information the costs attributable to such processing; and (iv) by a permittee, in such other form and manner of processing as the Secretary may request, the Secretary shall pay such permittee the reasonable cost of processing and reproducing such data and information for the Secretary, pursuant to such regulations as he may prescribe. (2) Each Federal department and agency shall provide the Secretary with any data obtained by such Federal department or agency pursuant to section 1340 of this title (b) Processing, analyzing, and interpreting information; availability of summary of data to affected States and local government (1) Data and information provided to the Secretary pursuant to subsection (a) of this section shall be processed, analyzed, and interpreted by the Secretary for purposes of carrying out his duties under this subchapter. (2) As soon as practicable after information provided to the Secretary pursuant to subsection (a) of this section is processed, analyzed, and interpreted, the Secretary shall make available to the affected States, and upon request, to any affected local government, a summary of data designed to assist them in planning for the onshore impacts of possible oil and gas development and production. Such summary shall include estimates of (A) the oil and gas reserves in areas leased or to be leased, (B) the size and timing of development if and when oil or gas, or both, is found, (C) the location of pipelines, and (D) the general location and nature of onshore facilities. (c) Confidentiality of information; regulations The Secretary shall prescribe regulations to (1) assure that the confidentiality of privileged or proprietary information received by the Secretary under this section will be maintained, and (2) set forth the time periods and conditions which shall be applicable to the release of such information. Such regulations shall include a provision that no such information will be transmitted to any affected State unless the lessee, or the permittee and all persons to whom such permittee has sold such information under promise of confidentiality, agree to such transmittal. (d) Transmittal of information to affected State; protection of competitive position (1) The Secretary shall transmit to any affected State (A) an index, and upon request copies of, all relevant actual or proposed programs, plans, reports, environmental impact statements, tract nominations (including negative nominations) and other lease sale information, any similar type of relevant information, and all modifications and revisions thereof and comments thereon, prepared or obtained by the Secretary pursuant to this subchapter, but no information transmitted by the Secretary under this subsection shall identify any particular tract with the name or names of any particular party so as not to compromise the competitive position of any party or parties participating in the nominations; (B) (i) the summary of data prepared by the Secretary pursuant to subsection (b)(2) of this section, and (ii) any other processed, analyzed, or interpreted data prepared by the Secretary pursuant to such subsection (b)(1), unless the Secretary determines that transmittal of such data prepared pursuant to subsection (b)(1) of this section would unduly damage the competitive position of the lessee or permittee who provided the Secretary with the information which the Secretary had processed, analyzed, or interpreted; and (C) any relevant information received by the Secretary pursuant to subsection (a) of this section, subject to any applicable requirements as to confidentiality which are set forth in regulations prescribed under subsection (c) of this section. (2) Notwithstanding the provisions of any regulation required pursuant to the second sentence of subsection (c) of this section, the Governor of any affected State may designate an appropriate State official to inspect, at a regional location which the Secretary shall designate, any privileged information received by the Secretary regarding any activity adjacent to such State, except that no such inspection shall take place prior to the sale of a lease covering the area in which such activity was conducted. Knowledge obtained by such State during such inspection shall be subject to applicable requirements as to confidentiality which are set forth in regulations prescribed under subsection (c) of this section. (e) Agreement with State to waive defenses and hold United States harmless from failure to maintain confidentiality of information Prior to transmitting any privileged information to any State, or granting such State access to such information, the Secretary shall enter into a written agreement with the Governor of such State in which such State agrees, as a condition precedent to receiving or being granted access to such information, to waive the defenses set forth in subsection (f)(2) of this section, and to hold the United States harmless from any violations of the regulations prescribed pursuant to subsection (c) that the State or its employees may commit. (f) Civil action against United States or State for failure to maintain confidentiality of information; certain defenses unavailable (1) Whenever any employee of the Federal Government or of any State reveals information in violation of the regulations prescribed pursuant to subsection (c) of this section, the lessee or permittee who supplied such information to the Secretary or to any other Federal official, and any person to whom such lessee or permittee has sold such information under promise of confidentiality, may commence a civil action for damages in the appropriate district court of the United States against the Federal Government or such State, as the case may be. (2) In any action commenced against the Federal Government or a State pursuant to paragraph (1) of this subsection, the Federal Government or such State, as the case may be, may not raise as a defense (A) any claim of sovereign immunity, or (B) any claim that the employee who revealed the privileged information which is the basis of such suit was acting outside the scope of his employment in revealing such information. (g) Preemption of State law by Federal law Any provision of State or local law which provides for public access to any privileged information received or obtained by any person pursuant to this subchapter is expressly preempted by the provisions of this section, to the extent that it applies to such information. (h) Failure by State to comply with regulations; withholding of information If the Secretary finds that any State cannot or does not comply with the regulations issued under subsection (c) of this section, he shall thereafter withhold transmittal and deny inspection of privileged information to such State until he finds that such State can and will comply with such regulations. ( Aug. 7, 1953, ch. 345,  26 Pub. L. 95372, title II,  208 Sept. 18, 1978 92 Stat. 664  Statutory Notes and Related Subsidiaries Payment of Processing Costs for Data and Information Acquired; Permittees Eligible Pub. L. 99349, title I July 2, 1986 100 Stat. 732 Notwithstanding any other provision of law, for data and information acquired in fiscal year 1986 or thereafter, by the Secretary, pursuant to section 1352(a)(1)(C)(iii) of title 43 September 30, 1985 Payment of Costs of Reproducing Data and Information Provided to Secretary Pub. L. 99190,  101(d) [title I,  100] Dec. 19, 1985 99 Stat. 1224 That notwithstanding any other provision of law, when in fiscal year 1986 and thereafter any permittee provides data and information to the Secretary pursuant to section 1352(a)(1)(C)(iii) of title 43  1353. Federal purchase and disposition of oil and gas (a) Payment of royalties or net profit shares in oil and gas; purchase of oil and gas by United States; transfer of title to Federal agencies (1) Except as may be necessary to comply with the provisions of sections 1335 and 1336 of this title, all royalties or net profit shares, or both, accruing to the United States under any oil and gas lease issued or maintained in accordance with this subchapter, shall, on demand of the Secretary, be paid in oil or gas. (2) The United States shall have the right to purchase not to exceed 1623 per centum by volume of the oil and gas produced pursuant to a lease issued or maintained in accordance with this subchapter, at the regulated price, or, if no regulated price applies, at the fair market value at the well head of the oil and gas saved, removed, or sold, except that any oil or gas obtained by the United States as royalty or net profit share shall be credited against the amount that may be purchased under this subsection. (3) Title to any royalty, net profit share, or purchased oil or gas may be transferred, upon request, by the Secretary to the Secretary of Defense, to the Administrator of the General Services Administration, or to the Secretary of Energy, for disposal within the Federal Government. (b) Sale of oil by United States to public; disposition of oil to small refiners; application of other laws (1) The Secretary, except as provided in this subsection, may offer to the public and sell by competitive bidding for not more than its regulated price, or, if no regulated price applies, not less than its fair market value, any part of the oil (A) obtained by the United States pursuant to any lease as royalty or net profit share, or (B) purchased by the United States pursuant to subsection (a)(2) of this section. (2) Whenever, after consultation with the Secretary of Energy, the Secretary determines that small refiners do not have access to adequate supplies of oil at equitable prices, the Secretary may dispose of any oil which is taken as a royalty or net profit share accruing or reserved to the United States pursuant to any lease issued or maintained under this subchapter, or purchased by the United States pursuant to subsection (a)(2) of this section, by conducting a lottery for the sale of such oil, or may equitably allocate such oil among the competitors for the purchase of such oil, at the regulated price, or if no regulated price applies, at its fair market value. The Secretary shall limit participation in any allocation or lottery sale to assure such access and shall publish notice of such allocation or sale, and the terms thereof, at least thirty days in advance. Such notice shall include qualifications for participation, the amount of oil to be sold, and any limitation in the amount of oil which any participant may be entitled to purchase. (3) The Secretary may only sell or otherwise dispose of oil described in paragraph (1) of this subsection in accordance with any provision of law, or regulations issued in accordance with such provisions, which provide for the Secretary of Energy to allocate, transfer, exchange, or sell oil in amounts or at prices determined by such provision of law or regulations. (c) Sale of gas by United States to public (1) Except as provided in paragraph (2) of this subsection, the Secretary, pursuant to such terms as he determines, many 1 1 (2) Whenever, after consultation with and advice from the Secretary of Energy, the Federal Energy Regulatory Commission determines that an emergency shortage of natural gas is threatening to cause severe economic or social dislocation in any region of the United States and that such region can be serviced in a practical, feasible, and efficient manner by royalty, net profit share, or purchased gas obtained pursuant to the provisions of this section, the Secretary of the Interior may allocate or conduct a lottery for the sale of such gas, and shall limit participation in any allocation or lottery sale of such gas to any person servicing such region, but he shall not sell any such gas for more than its regulated price, or, if no regulated price applies, less than its fair market value. Prior to selling or allocating any gas pursuant to this subsection, the Secretary shall consult with the Federal Energy Regulatory Commission. (d) Purchase by lessee of Federal oil or gas for which no bids received The lessee shall take any Federal oil or gas for which no acceptable bids are received, as determined by the Secretary, and which is not transferred pursuant to subsection (a)(3) of this section, and shall pay to the United States a cash amount equal to the regulated price, or, if no regulated price applies, the fair market value of the oil or gas so obtained. (e) Definitions As used in this section (1) the term regulated price means the highest price (A) at which oil many 1 2 2 15 U.S.C. 751 (B) at which natural gas may be sold to natural-gas companies pursuant to the Natural Gas Act [ 15 U.S.C. 717 (C) at which either Federal oil or gas may be sold under any other provision of law or rule or order thereunder which sets a price (or manner for determining a price) for oil or gas; and (2) the term small refiner has the meaning given such term by Small Business Administration Standards 128.38(d) and (g), as in effect on September 18, 1978 (f) Purchase of oil and gas in time of war Nothing in this section shall prohibit the right of the United States to purchase any oil or gas produced on the outer Continental Shelf as provided by section 1341(b) of this title ( Aug. 7, 1953, ch. 345,  27 Pub. L. 95372, title II,  208 Sept. 18, 1978 92 Stat. 666  Editorial Notes  References in Text The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (e)(1)(A), is Pub. L. 93159 Nov. 27, 1973 87 Stat. 628 section 760g of Title 15 Sept. 30, 1981 The Natural Gas Act, referred to in subsec. (e)(1)(B), is act June 21, 1938, ch. 556 52 Stat. 821 section 717w of Title 15 Statutory Notes and Related Subsidiaries  Transfer of Functions Functions vested in Secretary of Energy and Department of Energy under or with respect to subsec. (b)(2), (3) of this section, transferred to, and vested in, Secretary of the Interior, by section 100 of Pub. L. 97257 96 Stat. 841 section 7152 of Title 42  1354. Limitations on export of oil or gas (a) Application of Export Administration provisions Except as provided in subsection (d) of this section, any oil or gas produced from the outer Continental Shelf shall be subject to the requirements and provisions of the Export Administration Act of 1969. (b) Condition precedent to exportation; express finding by President of no increase in reliance on imported oil or gas Before any oil or gas subject to this section may be exported under the requirements and provisions of the Export Administration Act of 1969, the President shall make and publish an express finding that such exports will not increase reliance on imported oil or gas, are in the national interest, and are in accord with the provisions of the Export Administration Act of 1969. (c) Report of findings by President to Congress; joint resolution of disagreement with findings of President The President shall submit reports to the Congress containing findings made under this section, and after the date of receipt of such report Congress shall have a period of sixty calendar days, thirty days of which Congress must have been in session, to consider whether exports under the terms of this section are in the national interest. If the Congress within such time period passes a concurrent resolution of disapproval stating disagreement with the Presidents finding concerning the national interest, further exports made pursuant to such Presidential findings shall cease. (d) Exchange or temporary exportation of oil and gas for convenience or efficiency of transportation The provisions of this section shall not apply to any oil or gas which is either exchanged in similar quantity for convenience or increased efficiency of transportation with persons or the government of a foreign state, or which is temporarily exported for convenience or increased efficiency of transportation across parts of an adjacent foreign state and reenters the United States, or which is exchanged or exported pursuant to an existing international agreement. ( Aug. 7, 1953, ch. 345,  28 Pub. L. 95372, title II,  208 Sept. 18, 1978 92 Stat. 668  Editorial Notes  References in Text The Export Administration Act of 1969, referred to in subsecs. (a) and (b), is Pub. L. 91184 Dec. 30, 1969 83 Stat. 841 Sept. 30, 1979  1355. Restrictions on employment of former officers or employees of Department of the Interior No full-time officer or employee of the Department of the Interior who directly or indirectly discharged duties or responsibilities under this subchapter, and who was at any time during the twelve months preceding the termination of his employment with the Department compensated under the Executive Schedule or compensated at or above the annual rate of basic pay for grade GS16 of the General Schedule shall (1) within two years after his employment with the Department has ceased (A) knowingly act as agent or attorney for, or otherwise represent, any other person (except the United States) in any formal or informal appearance before; (B) with the intent to influence, make any oral or written communication on behalf of any other person (except the United States) to; or (C) knowingly aid or assist in representing any other person (except the United States) in any formal or informal appearance before, any department, agency, or court of the United States, or any officer or employee thereof, in connection with any judicial or other proceeding, application, request for a ruling or other determination, regulation, order, lease, permit, rulemaking, or other particular matter involving a specific party or parties in which the United States is a party or has a direct and substantial interest which was actually pending under his official responsibility as an officer or employee within a period of one year prior to the termination of such responsibility or in which he participated personally and substantially as an officer or employee; or (2) within one year after his employment with the Department has ceased (A) knowingly act as agent or attorney for, or otherwise represent, any other person (except the United States) in any formal or informal appearance before; or (B) with the intent to influence, make any oral or written communication on behalf of any other person (except the United States) to, the Department of the Interior, or any officer or employee thereof, in connection with any judicial, rulemaking, regulation, order, lease, permit, regulation, or other particular matter which is pending before the Department of the Interior or in which the Department has a direct and substantial interest. ( Aug. 7, 1953, ch. 345,  29 Pub. L. 95372, title II,  208 Sept. 18, 1978 92 Stat. 668  Editorial Notes  References in Text The Executive Schedule, referred to in text, is set out in section 5311 et seq. of Title 5, Government Organization and Employees. Statutory Notes and Related Subsidiaries References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5  1356. Documentary, registry and manning requirements (a) Regulations Within six months after September 18, 1978 (1) which is used at any time after the one-year period beginning on the effective date of such regulations for activities pursuant to this subchapter and which is built or rebuilt at any time after such one-year period, when required to be documented by the laws of the United States, be documented under the laws of the United States; (2) which is used for activities pursuant to this subchapter, comply, except as provided in subsection (b), with such minimum standards of design, construction, alteration, and repair as the Secretary or the Secretary of the Department in which the Coast Guard is operating establishes; and (3) which is used at any time after the one-year period beginning on the effective date of such regulations for activities pursuant to this subchapter, be manned or crewed, except as provided in subsection (c), by citizens of the United States or aliens lawfully admitted to the United States for permanent residence. (b) Exceptions from design, construction, alteration, and repair requirements The regulations issued under subsection (a)(2) of this section shall not apply to any vessel, rig, platform, or other vehicle or structure built prior to September 18, 1978 (c) Exceptions from manning requirements The regulations issued under subsection (a)(3) of this section shall not apply (1) to any vessel, rig, platform, or other vehicle or structure if (A) specific contractual provisions or national registry manning requirements in effect on September 18, 1978 (B) there are not a sufficient number of citizens of the United States, or aliens lawfully admitted to the United States for permanent residence, qualified and available for such work; or (C) the President makes a specific finding, with respect to the particular vessel, rig, platform, or other vehicle or structure, that application would not be consistent with the national interest; and (2) to any vessel, rig, platform, or other vehicle or structure, over 50 percent of which is owned by citizens of a foreign nation or with respect to which the citizens of a foreign nation have the right effectively to control, except to the extent and to the degree that the President determines that the government of such foreign nation or any of its political subdivisions has implemented, by statute, regulation, policy, or practice, a national manning requirement for equipment engaged in the exploration, development, or production of oil and gas in its offshore areas. ( Aug. 7, 1953, ch. 345,  30 Pub. L. 95372, title II,  208 Sept. 18, 1978 92 Stat. 669  Statutory Notes and Related Subsidiaries  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6  1356a. Coastal impact assistance program (a) Definitions In this section: (1) Coastal political subdivision The term coastal political subdivision means a political subdivision of a coastal State any part of which political subdivision is (A) within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 August 8, 2005 (B) not more than 200 nautical miles from the geographic center of any leased tract. (2) Coastal population The term coastal population means the population, as determined by the most recent official data of the Census Bureau, of each political subdivision any part of which lies within the designated coastal boundary of a State (as defined in a States coastal zone management program under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 (3) Coastal State The term coastal State has the meaning given the term in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 (4) Coastline The term coastline has the meaning given the term coast line in section 1301 of this title (5) Distance The term distance means the minimum great circle distance, measured in statute miles. (6) Leased tract The term leased tract means a tract that is subject to a lease under section 1335 or 1337 of this title for the purpose of drilling for, developing, and producing oil or natural gas resources. (7) Leasing moratoria The term leasing moratoria means the prohibitions on preleasing, leasing, and related activities on any geographic area of the outer Continental Shelf as contained in sections 107 through 109 of division E of the Consolidated Appropriations Act, 2005 ( Public Law 108447 118 Stat. 3063 (8) Political subdivision The term political subdivision means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs. (9) Producing State (A) In general The term producing State means a coastal State that has a coastal seaward boundary within 200 nautical miles of the geographic center of a leased tract within any area of the outer Continental Shelf. (B) Exclusion The term producing State does not include a producing State, a majority of the coastline of which is subject to leasing moratoria, unless production was occurring on January 1, 2005 (10) Qualified Outer Continental Shelf revenues (A) In general The term qualified Outer Continental Shelf revenues means all amounts received by the United States from each leased tract or portion of a leased tract (i) lying (I) seaward of the zone covered by section 1337(g) of this title (II) within that zone, but to which section 1337(g) of this title (ii) the geographic center of which lies within a distance of 200 nautical miles from any part of the coastline of any coastal State. (B) Inclusions The term qualified Outer Continental Shelf revenues includes bonus bids, rents, royalties (including payments for royalty taken in kind and sold), net profit share payments, and related late-payment interest from natural gas and oil leases issued under this subchapter. (C) Exclusion The term qualified Outer Continental Shelf revenues does not include any revenues from a leased tract or portion of a leased tract that is located in a geographic area subject to a leasing moratorium on January 1, 2005 January 1, 2005 (b) Payments to producing States and coastal political subdivisions (1) In general The Secretary shall, without further appropriation, disburse to producing States and coastal political subdivisions in accordance with this section $250,000,000 for each of fiscal years 2007 through 2010. (2) Disbursement In each fiscal year, the Secretary shall disburse to each producing State for which the Secretary has approved a plan under subsection (c), and to coastal political subdivisions under paragraph (4), such funds as are allocated to the producing State or coastal political subdivision, respectively, under this section for the fiscal year. (3) Allocation among producing States (A) In general Except as provided in subparagraph (C) and subject to subparagraph (D), the amounts available under paragraph (1) shall be allocated to each producing State based on the ratio that (i) the amount of qualified outer Continental Shelf revenues generated off the coastline of the producing State; bears to (ii) the amount of qualified outer Continental Shelf revenues generated off the coastline of all producing States. (B) Amount of outer Continental Shelf revenues For purposes of subparagraph (A) (i) the amount of qualified outer Continental Shelf revenues for each of fiscal years 2007 and 2008 shall be determined using qualified outer Continental Shelf revenues received for fiscal year 2006; and (ii) the amount of qualified outer Continental Shelf revenues for each of fiscal years 2009 and 2010 shall be determined using qualified outer Continental Shelf revenues received for fiscal year 2008. (C) Multiple producing States In a case in which more than one producing State is located within 200 nautical miles of any portion of a leased tract, the amount allocated to each producing State for the leased tract shall be inversely proportional to the distance between (i) the nearest point on the coastline of the producing State; and (ii) the geographic center of the leased tract. (D) Minimum allocation The amount allocated to a producing State under subparagraph (A) shall be at least 1 percent of the amounts available under paragraph (1). (4) Payments to coastal political subdivisions (A) In general The Secretary shall pay 35 percent of the allocable share of each producing State, as determined under paragraph (3) to the coastal political subdivisions in the producing State. (B) Formula Of the amount paid by the Secretary to coastal political subdivisions under subparagraph (A) (i) 25 percent shall be allocated to each coastal political subdivision in the proportion that (I) the coastal population of the coastal political subdivision; bears to (II) the coastal population of all coastal political subdivisions in the producing State; (ii) 25 percent shall be allocated to each coastal political subdivision in the proportion that (I) the number of miles of coastline of the coastal political subdivision; bears to (II) the number of miles of coastline of all coastal political subdivisions in the producing State; and (iii) 50 percent shall be allocated in amounts that are inversely proportional to the respective distances between the points in each coastal political subdivision that are closest to the geographic center of each leased tract, as determined by the Secretary. (C) Exception for the State of Louisiana For the purposes of subparagraph (B)(ii), the coastline for coastal political subdivisions in the State of Louisiana without a coastline shall be considered to be 13 the average length of the coastline of all coastal political subdivisions with a coastline in the State of Louisiana. (D) Exception for the State of Alaska For the purposes of carrying out subparagraph (B)(iii) in the State of Alaska, the amounts allocated shall be divided equally among the two coastal political subdivisions that are closest to the geographic center of a leased tract. (E) Exclusion of certain leased tracts For purposes of subparagraph (B)(iii), a leased tract or portion of a leased tract shall be excluded if the tract or portion of a leased tract is located in a geographic area subject to a leasing moratorium on January 1, 2005 (5) No approved plan (A) In general Subject to subparagraph (B) and except as provided in subparagraph (C), in a case in which any amount allocated to a producing State or coastal political subdivision under paragraph (4) or (5) is not disbursed because the producing State does not have in effect a plan that has been approved by the Secretary under subsection (c), the Secretary shall allocate the undisbursed amount equally among all other producing States. (B) Retention of allocation The Secretary shall hold in escrow an undisbursed amount described in subparagraph (A) until such date as the final appeal regarding the disapproval of a plan submitted under subsection (c) is decided. (C) Waiver The Secretary may waive subparagraph (A) with respect to an allocated share of a producing State and hold the allocable share in escrow if the Secretary determines that the producing State is making a good faith effort to develop and submit, or update, a plan in accordance with subsection (c). (c) Coastal impact assistance plan (1) Submission of State plans (A) In general Not later than July 1, 2008 (B) Public participation In carrying out subparagraph (A), the Governor shall solicit local input and provide for public participation in the development of the plan. (2) Approval (A) In general The Secretary shall approve a plan of a producing State submitted under paragraph (1) before disbursing any amount to the producing State, or to a coastal political subdivision located in the producing State, under this section. (B) Components The Secretary shall approve a plan submitted under paragraph (1) if (i) the Secretary determines that the plan is consistent with the uses described in subsection (d); and (ii) the plan contains (I) the name of the State agency that will have the authority to represent and act on behalf of the producing State in dealing with the Secretary for purposes of this section; (II) a program for the implementation of the plan that describes how the amounts provided under this section to the producing State will be used; (III) for each coastal political subdivision that receives an amount under this section (aa) the name of a contact person; and (bb) a description of how the coastal political subdivision will use amounts provided under this section; (IV) a certification by the Governor that ample opportunity has been provided for public participation in the development and revision of the plan; and (V) a description of measures that will be taken to determine the availability of assistance from other relevant Federal resources and programs. (3) Amendment Any amendment to a plan submitted under paragraph (1) shall be (A) developed in accordance with this subsection; and (B) submitted to the Secretary for approval or disapproval under paragraph (4). (4) Procedure Not later than 90 days after the date on which a plan or amendment to a plan is submitted under paragraph (1) or (3), the Secretary shall approve or disapprove the plan or amendment. (d) Authorized uses (1) In general A producing State or coastal political subdivision shall use all amounts received under this section, including any amount deposited in a trust fund that is administered by the State or coastal political subdivision and dedicated to uses consistent with this section, in accordance with all applicable Federal and State laws, only for one or more of the following purposes: (A) Projects and activities for the conservation, protection, or restoration of coastal areas, including wetland. (B) Mitigation of damage to fish, wildlife, or natural resources. (C) Planning assistance and the administrative costs of complying with this section. (D) Implementation of a federally-approved marine, coastal, or comprehensive conservation management plan. (E) Mitigation of the impact of outer Continental Shelf activities through funding of onshore infrastructure projects and public service needs. (2) Compliance with authorized uses If the Secretary determines that any expenditure made by a producing State or coastal political subdivision is not consistent with this subsection, the Secretary shall not disburse any additional amount under this section to the producing State or the coastal political subdivision until such time as all amounts obligated for unauthorized uses have been repaid or reobligated for authorized uses. (3) Limitation Not more than 23 percent of amounts received by a producing State or coastal political subdivision for any 1 fiscal year shall be used for the purposes described in subparagraphs (C) and (E) of paragraph (1). (e) Emergency funding (1) In general In response to a spill of national significance under the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 (A) consistent with subsection (d); and (B) specifically designed to respond to the spill of national significance. (2) Approval by Secretary The Secretary may, in the sole discretion of the Secretary, approve, on a project by project basis, the immediate disbursal of the funds under paragraph (1). (3) State requirements (A) Additional information If the Secretary approves a project for funding under this subsection that is included in a plan previously approved under subsection (c), not later than 90 days after the date of the funding approval, the producing State or coastal political subdivision shall submit to the Secretary any additional information that the Secretary determines to be necessary to ensure that the project is in compliance with subsection (d). (B) Amendment to plan If the Secretary approves a project for funding under this subsection that is not included in a plan previously approved under subsection (c), not later than 90 days after the date of the funding approval, the producing State or coastal political subdivision shall submit to the Secretary for approval an amendment to the plan that includes any projects funded under paragraph (1), as well as any information about such projects that the Secretary determines to be necessary to ensure that the project is in compliance with subsection (d). (C) Limitation If a producing State or coastal political subdivision does not submit the additional information or amendments to the plan required by this paragraph, or if, based on the information submitted by the Secretary determines that the project is not in compliance with subsection (d), by the deadlines specified in this paragraph, the Secretary shall not disburse any additional funds to the producing State or the coastal political subdivisions until the date on which the additional information or amendment to the plan has been approved by the Secretary. ( Aug. 7, 1953, ch. 345,  31 Pub. L. 106553,  1(a)(2) [title IX,  903] Dec. 21, 2000 114 Stat. 2762 Pub. L. 10958, title III,  384 Aug. 8, 2005 119 Stat. 739 Pub. L. 111212, title III,  3013 July 29, 2010 124 Stat. 2341  Editorial Notes  References in Text The Coastal Zone Management Act of 1972, referred to in subsec. (a)(2), is title III of Pub. L. 89454 Pub. L. 92583 Oct. 27, 1972 86 Stat. 1280 section 1451 of Title 16 Sections 107 through 109 of division E of the Consolidated Appropriations Act, 2005, referred to in subsec. (a)(7), are sections 107 to 109 of Pub. L. 108447, div. E, title I Dec. 8, 2004 118 Stat. 3063 The Oil Pollution Act of 1990, referred to in subsec. (e)(1), is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of Title 33 Amendments 2010Subsec. (e). Pub. L. 111212 2005 Pub. L. 10958  1356b. Transboundary hydrocarbon agreements (a) Authorization After December 26, 2013 (b) Submission to Congress (1) In general No later than 180 days after all parties to a transboundary hydrocarbon agreement have agreed to its terms, a transboundary hydrocarbon agreement that does not constitute a treaty in the judgment of the President shall be submitted by the Secretary to (A) the Speaker of the House of Representatives; (B) the Majority Leader of the Senate; (C) the Chair of the Committee on Natural Resources of the House of Representatives; and (D) the Chair of the Committee on Energy and Natural Resources of the Senate. (2) Contents of submission The submission shall include (A) any amendments to this subchapter or other Federal law necessary to implement the agreement; (B) an analysis of the economic impacts such agreement and any amendments necessitated by the agreement will have on domestic exploration, development, and production of hydrocarbon resources on the Outer Continental Shelf; and (C) a detailed description of any regulations expected to be issued by the Secretary to implement the agreement. (c) Implementation of specific transboundary agreement with Mexico The Secretary may take actions as necessary to implement the terms of the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 20, 2012 (1) approving unitization agreements and related arrangements for the exploration, development, or production of oil and natural gas from transboundary reservoirs or geological structures; (2) making available, in the limited manner necessary under the agreement and subject to the protections of confidentiality provided by the agreement, information relating to the exploration, development, and production of oil and natural gas from a transboundary reservoir or geological structure that may be considered confidential, privileged, or proprietary information under law; (3) taking actions consistent with an expert determination under the agreement; and (4) ensuring only appropriate inspection staff at the Bureau of Safety and Environmental Enforcement or other Federal agency personnel designated by the Bureau, the operator, or the lessee have authority to stop work on any installation or other device or vessel permanently or temporarily attached to the seabed of the United States that may be erected thereon for the purpose of resource exploration, development or production activities as approved by the Secretary. (d) Savings provisions Nothing in this section shall be construed (1) to authorize the Secretary to participate in any negotiations, conferences, or consultations with Cuba regarding exploration, development, or production of hydrocarbon resources in the Gulf of Mexico along the United States maritime border with Cuba or the area known by the Department of the Interior as the Eastern Gap; or (2) as affecting the sovereign rights and the jurisdiction that the United States has under international law over the Outer Continental Shelf that appertains to it. ( Aug. 7, 1953, ch. 345,  32 Pub. L. 11367, div. A, title III,  304 Dec. 26, 2013 127 Stat. 1182  Statutory Notes and Related Subsidiaries Approval of Agreement With Mexico Pub. L. 11367, div. A, title III,  303 Dec. 26, 2013 127 Stat. 1181 The Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 20, 2012  1356c. Wind lease sales for areas of the outer Continental Shelf offshore of territories of the United States (a)  1 1 (1) Call for information and nominations (A) In general The Secretary shall issue calls for information and nominations for proposed wind lease sales for areas of the outer Continental Shelf described in paragraph (2) that are determined to be feasible. (B) Initial call Not later than September 30, 2025 (2) Conditional wind lease sales The Secretary may conduct wind lease sales in each area within the exclusive economic zone of the United States adjacent to the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands that meets each of the following criteria: (A) The Secretary has concluded that a wind lease sale in the area is feasible. (B) The Secretary has determined that there is sufficient interest in leasing the area. (C) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. ( Aug. 7, 1953, ch. 345,  33 Pub. L. 117169, title V,  50251(b)(2) Aug. 16, 2022 136 Stat. 2055 CHAPTER 30 ADMINISTRATION OF PUBLIC LANDS    SUBCHAPTER IGENERAL PROVISIONS  Sec.  1361 1364. Repealed.  SUBCHAPTER IISERVICE CHARGES AND EXCESS PAYMENTS  1371 1374. Repealed.  SUBCHAPTER IIIDEPOSITS AND FORFEITURES  1381 1383. Repealed.  SUBCHAPTER IVPUBLIC LAND LAW REVIEW COMMISSION  1391 1400. Omitted.  SUBCHAPTER VCLASSIFICATION OF LANDS TO PROVIDE FOR DISPOSAL OR INTERIM MANAGEMENT  1411 1418. Omitted.  SUBCHAPTER VISALE OF PUBLIC LAND  1421 1427. Omitted.  SUBCHAPTER VIISALE OF PUBLIC LANDS SUBJECT TO UNINTENTIONAL TRESPASS  1431 1435. Omitted.  SUBCHAPTER VIIIPUBLIC AIRPORTS  1441. Lease of contiguous public lands for public airports; authority of Secretary of the Interior.  1442. Terms of lease; public lands for public airports.  1443. Cancellation of leases of public lands used as airports made under law in force May 24, 1928 SUBCHAPTER I GENERAL PROVISIONS  1361 to 1364. Repealed. Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792   Section 1361, Pub. L. 86649,  2 July 14, 1960 74 Stat. 506  Section 1362, Pub. L. 86649, title I,  101 July 14, 1960 74 Stat. 506  Section 1362a, Pub. L. 91429 Sept. 26, 1970 84 Stat. 885  Section 1363, Pub. L. 86649, title I,  102 July 14, 1960 74 Stat. 506  Section 1364, Pub. L. 86649, title I,  103 July 14, 1960 74 Stat. 506 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER II SERVICE CHARGES AND EXCESS PAYMENTS  1371, 1372. Repealed. Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792   Section 1371, Pub. L. 86649, title II,  201 July 14, 1960 74 Stat. 506  Section 1372, Pub. L. 86649, title II,  202(a) July 14, 1960 74 Stat. 506 Repeals Pub. L. 86649, title II,  202(b) July 14, 1960 74 Stat. 507  Subject to the provisions of this section, any provisions in statutes which fix fees, service fees or charges, or commissions for the purposes covered in this title, are hereby repealed, including, without limitation, the first proviso of the General Land Office appropriations in the Act of February 14, 1931 46 Stat. 1115 43 U.S.C. 23 43 U.S.C. 84     Act Citation  Revised Statutes Section 2238.  May 14, 1880 21 Stat. 140  December 17, 1880 21 Stat. 311  July 26, 1892 27 Stat. 270  March 22, 1904 33 Stat. 144  May 29, 1908 35 Stat. 465  January 24, 1923 42 Stat. 1174  June 5, 1924 43 Stat. 390  March 3, 1925 43 Stat. 1141 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title  1373, 1374. Repealed. Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792   Section 1373, Pub. L. 86649, title II,  203 July 14, 1960 74 Stat. 507  Section 1374, Pub. L. 86649, title II,  204(a) July 14, 1960 74 Stat. 507 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER III DEPOSITS AND FORFEITURES  1381 to 1383. Repealed. Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792   Section 1381, Pub. L. 86649, title III,  301 July 14, 1960 74 Stat. 507  Section 1382, Pub. L. 86649, title III,  302 July 14, 1960 74 Stat. 507  Section 1383, Pub. L. 86649, title III,  303 July 14, 1960 74 Stat. 508 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  705(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of this title SUBCHAPTER IV PUBLIC LAND LAW REVIEW COMMISSION  1391 to 1400. Omitted  Editorial Notes Codification Sections 1391 to 1400 of this title, which related to the Public Land Law Review Commission, were omitted in view of the termination of the Commission pursuant to section 1394 of this title Section 1391, Pub. L. 88606,  1 Sept. 19, 1964 78 Stat. 982 Section 1392, Pub. L. 88606,  2 Sept. 19, 1964 78 Stat. 982 Section 1393, Pub. L. 88606,  3 Sept. 19, 1964 78 Stat. 982 Section 1394, Pub. L. 88606,  4 Sept. 19, 1964 78 Stat. 983 Pub. L. 90213,  1(1) Dec. 18, 1967 81 Stat. 660 June 30, 1970 Dec. 31, 1970 Section 1395, Pub. L. 88606,  5 Sept. 19, 1964 78 Stat. 983 Section 1396, Pub. L. 88606,  6 Sept. 19, 1964 78 Stat. 983 Section 1397, Pub. L. 88606,  7 Sept. 19, 1964 78 Stat. 984 Section 1398, Pub. L. 88606,  8 Sept. 19, 1964 78 Stat. 984 Pub. L. 90213,  1(4) Dec. 18, 1967 81 Stat. 660 Section 1399, Pub. L. 88606,  9 Sept. 19, 1964 78 Stat. 985 Pub. L. 90213,  1(3) Dec. 18, 1967 81 Stat. 660 Section 1400, Pub. L. 88606,  10 Sept. 19, 1964 78 Stat. 985 SUBCHAPTER V CLASSIFICATION OF LANDS TO PROVIDE FOR DISPOSAL OR INTERIM MANAGEMENT  1411 to 1418. Omitted  Editorial Notes Codification Sections 1411 to 1418 of this title, which related to the classification of lands to provide for disposal or interim management, were omitted pursuant to section 1418 of this title Section 1411, Pub. L. 88607,  1 Sept. 19, 1964 78 Stat. 986 Section 1412, Pub. L. 88607,  2 Sept. 19, 1964 78 Stat. 986 Section 1413, Pub. L. 88607,  3 Sept. 19, 1964 78 Stat. 986 Section 1414, Pub. L. 88607,  4 Sept. 19, 1964 78 Stat. 987 Section 1415, Pub. L. 88607,  5 Sept. 19, 1964 78 Stat. 987 Section 1416, Pub. L. 88607,  6 Sept. 19, 1964 78 Stat. 988 Section 1417, Pub. L. 88607,  7 Sept. 19, 1964 78 Stat. 988 Section 1418, Pub. L. 88607,  8 Sept. 19, 1964 78 Stat. 988 Pub. L. 90213,  2 Dec. 18, 1967 81 Stat. 660 June 30, 1970 SUBCHAPTER VI SALE OF PUBLIC LAND  1421 to 1427. Omitted  Editorial Notes Codification Sections 1421 to 1427 of this title, which related to the sale of public land, were omitted pursuant to section 1427 of this title Section 1421, Pub. L. 88608,  1 Sept. 19, 1964 78 Stat. 988 Section 1422, Pub. L. 88608,  2 Sept. 19, 1964 78 Stat. 988 Section 1423, Pub. L. 88608,  3 Sept. 19, 1964 78 Stat. 989 Section 1424, Pub. L. 88608,  4 Sept. 19, 1964 78 Stat. 989 Section 1425, Pub. L. 88608,  5 Sept. 19, 1964 78 Stat. 989 Section 1426, Pub. L. 88608,  6 Sept. 19, 1964 78 Stat. 989 Section 1427, Pub. L. 88608,  7 Sept. 19, 1964 78 Stat. 989 Pub. L. 90213,  3 Dec. 18, 1967 81 Stat. 660 June 30, 1970 section 1423 of this title SUBCHAPTER VII SALE OF PUBLIC LANDS SUBJECT TO UNINTENTIONAL TRESPASS  1431 to 1435. Omitted  Editorial Notes Codification Sections 1431 to 1435, relating to the sale of public lands subject to unintentional trespass, were omitted pursuant to section 1435 of this title September 26, 1968 Section 1431, Pub. L. 90516,  1 Sept. 26, 1968 82 Stat. 870 Section 1432, Pub. L. 90516,  2 Sept. 26, 1968 82 Stat. 870 Section 1433, Pub. L. 90516,  3 Sept. 26, 1968 82 Stat. 870 Section 1434, Pub. L. 90516,  4 Sept. 26, 1968 82 Stat. 870 Section 1435, Pub. L. 90516,  5 Sept. 26, 1968 82 Stat. 870 Sept. 26, 1968 SUBCHAPTER VIII PUBLIC AIRPORTS  1441. Lease of contiguous public lands for public airports; authority of Secretary of the Interior  The Secretary of the Interior is authorized, in his discretion and under such regulations as he may prescribe, to lease for use as a public airport any contiguous public lands, unreserved and unappropriated, not to exceed two thousand five hundred and sixty acres in area, subject to valid rights in such lands under the public-land laws. ( May 24, 1928, ch. 728,  1 45 Stat. 728 Aug. 16, 1941, ch. 354 55 Stat. 621  Editorial Notes Codification Section was previously classified to section 211 of former Title 49, Transportation. Amendments 1941Act Aug. 16, 1941  1442. Terms of lease; public lands for public airports Any lease under section 1441 of this title (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 61 Stat. 501 Pub. L. 85726, title XIV Aug. 23, 1958 72 Stat. 806  Editorial Notes Codification Section was previously classified to section 212 of former Title 49, Transportation. Amendments 1958Subsecs. (b), (c). Pub. L. 85726,  1402(a) 1938Subsecs. (b), (c). Act June 23, 1938 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Effective Date of 1958 Amendment Pub. L. 85726, title XV,  1505(2) Aug. 23, 1958 72 Stat. 811 Pub. L. 85726 Pub. L. 85726 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  1443. Cancellation of leases of public lands used as airports made under law in force May 24, 1928  With the consent of the lessee, the Secretary of the Interior is authorized to cancel any lease of public lands for use as public aviation fields or airports, made under law in force May 24, 1928 section 1442 of this title ( May 24, 1928, ch. 728,  3 45 Stat. 729  Editorial Notes Codification Section was previously classified to section 213 of former Title 49, Transportation. CHAPTER 31 DEPARTMENT OF THE INTERIOR    Sec.  1451. Establishment.  1452. Deputy Secretary of the Interior; appointment.  1453. Assistant Secretaries of the Interior.  1453a. Additional Assistant Secretary of the Interior; appointment; duties; compensation.  1454. Duties of Assistant Secretary and assistant to Secretary.  1455. Solicitor; appointment; duties.  1456. Chief clerk.  1456a. Repealed.  1457. Duties of Secretary.  1457a. Authorization of appropriations for particular programs.  1457b. Use of cooperative agreements.  1457c. Power of Secretary or designated officer.  1458. Secretary to exercise certain powers over Territories.  1459. Expenditures of department.  1460. Copies of records, documents, etc.; charges; disposition of receipts.  1461. Rules and regulations governing inspection and copying.  1462. Attestation of copies by official seal.  1463. Disposition of receipts.  1464. Agents or attorneys representing claimants before department.  1465. Annual reports of department and its bureaus.  1466. Administration of oaths, affirmations, etc., by employees of Division of Investigations; force and effect.  1467. Working capital fund; establishment; uses; reimbursement.  1467a. Working capital fund; credit card refunds or rebates.  1468. Working capital fund; availability for uniforms or allowances therefor.  1469. Employment and compensation of personnel to perform work occasioned by emergencies.  1470. Appropriations; availability for certain administrative expenses.  1471. Appropriations; availability for payment of property damages.  1471a. Availability of appropriations for emergency repair or replacement of damaged or destroyed facilities and equipment.  1471b. Availability of appropriations for suppression and emergency prevention of forest and range fires.  1471c. Availability of appropriations for operation of warehouses, garages, shops, and similar facilities.  1471c1. Availability of appropriations for operation of warehouses, garages, shops, and similar facilities.  1471d. Availability of appropriations for transportation, reprint, telephone, and library membership expenses.  1471e. Reimbursement of employee license costs and certification fees.  1471f. Availability of appropriations for incremental funding of research work orders for cooperative agreements.  1471g. Availability of appropriations to support Memorial Day and Fourth of July ceremonies and activities in National Capital Region.  1471h. Availability of appropriations for uniforms or allowances.  1471i. Availability of appropriations for services or rentals.  1472. Bureau of Reclamation working capital fund.  1473. Acceptance of contributions from private and public sources by Mineral Management Service.  1473a. Acceptance of contributions by Secretary; cooperation with prosecution of projects.  1473b. Awards for contributions to Department of the Interior programs.  1473c. Payment of costs incidental to services contributed by volunteers.  1473d. Insurance costs covering vehicles, aircraft, and boats operated by Department of the Interior in Canada and Mexico.  1473e. Acceptance of donations and bequests for Natural Resources Library.  1474. Availability of receipts from administrative fees for program operations in Mining Law Administration.  1474a. Emergency Department of the Interior Firefighting Fund; amounts considered emergency requirements.  1474b. Natural Resource Damage Assessment and Restoration Fund; availability of assessments.  1474b1. Transfer of funds from Natural Resource Damage Assessment and Restoration Fund.  1474c. North American Wetlands Conservation Fund; availability of fines or forfeitures.  1474d. Environmental Improvement and Restoration Fund.  1474e. Sums received by the Bureau of Land Management for the sale of seeds.  1474f. Sums received by the Bureau of Land Management from vendors under enterprise information technology-procurements.  1475. Bureau of Reclamation acceptance of services of volunteers.  1475a. Participation of non-Federal entities in contract negotiations and source selection proceedings.  1475b Volunteer authority.  1476. Elimination of oaths for written statements; discretion of Secretary of the Interior.  1476a. Unsworn written statements subject to penalties of presenting false claims.  1477. Snow water supply forecasting.  1451. Establishment  There shall be at the seat of government an executive department to be known as the Department of the Interior, and a Secretary of the Interior, who shall be the head thereof. (R.S.  437.)  Editorial Notes Codification R.S.  437 derived from act Mar. 3, 1849, ch. 108,  1 9 Stat. 395 Section was formerly classified to section 481 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 Statutory Notes and Related Subsidiaries Short Title of 2005 Amendment Pub. L. 109125,  1 Dec. 7, 2005 119 Stat. 2544 This Act [enacting section 1475b of this title section 1475b of this title Stewart Lee Udall Department of the Interior Building Pub. L. 111176 June 8, 2010 124 Stat. 1259  SECTION 1. DESIGNATION. The United States Department of the Interior Building located at 1849 C Street, Northwest, in Washington, District of Columbia, shall be known and designated as the Stewart Lee Udall Department of the Interior Building. SEC. 2. REFERENCES. Any reference in a law, map, regulation, document, record, or other paper of the United States to the building referred to in section 1 shall be considered to be a reference to the Stewart Lee Udall Department of the Interior Building. Charges for Use of Property at Main and South Interior Building Complex, Washington, D.C. Pub. L. 106113, div. B,  1000(a)(3) [title I,  115] Nov. 29, 1999 113 Stat. 1535 Notwithstanding any other provision of law, in fiscal year 2000 and thereafter, the Secretary is authorized to permit persons, firms or organizations engaged in commercial, cultural, educational, or recreational activities (as defined in section 612a of title 40 Similar provisions were contained in Pub. L. 105277, div. A,  101(e) [title I,  117] Oct. 21, 1998 112 Stat. 2681231 Compensation of Secretary Compensation of Secretary, see section 5312 of Title 5 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 64 Stat. 1262 Order of Succession For order of succession during any period when both Secretary and Deputy Secretary of the Interior are unable to perform functions and duties of office of Secretary, see Ex. Ord. No. 13244, Dec. 18, 2001 section 3345 of Title 5  Executive Order No. 9432 Ex. Ord. No. 9432, eff. Mar. 28, 1944 June 14, 1947  Executive Order No. 9866 Ex. Ord. No. 9866, eff. June 14, 1947 Aug. 26, 1950  Executive Order No. 10156 Ex. Ord. No. 10156, eff. Aug. 26, 1950 Feb. 15, 1958  Executive Order No. 10753 Ex. Ord. No. 10753, eff. Feb. 15, 1958 Oct. 6, 1969 section 3345 of Title 5 REORGANIZATION PLAN NO. 3 OF 1950 May 24, 1950 64 Stat. 1262 June 1, 1971 Pub. L. 9222,  3 85 Stat. 76 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950 June 20, 1949 5 U.S.C. 901 DEPARTMENT OF THE INTERIOR Section 1. Transfer of Functions to the Secretary (a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to the Secretary of the Interior all functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department. (b) This section shall not apply to the functions vested by the Administrative Procedure Act ( 60 Stat. 237 5 U.S.C. 551 Sec. 2. Performance of Functions of Secretary The Secretary of the Interior may from time to time make such provisions as he shall deem appropriate authorizing the performance by an other officer, or by any agency or employee, of the Department of the Interior of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan. Sec. 3. Assistant Secretary of the Interior There shall be in the Department of the Interior one additional Assistant Secretary of the Interior, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall perform such duties as the Secretary of the Interior shall prescribe, and who shall receive compensation at the rate prescribed by law for Assistant Secretaries of executive departments. Sec. 4. Administrative Assistant Secretary [Repealed. Pub. L. 9222,  3 June 1, 1971 85 Stat. 76 43 U.S.C. 1453a 5 U.S.C. 5315 Sec. 5. Incidental Transfers The Secretary of the Interior may from time to time effect such transfers within the Department of the Interior of any of the records, property, personnel, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of such Department as he may deem necessary in order to carry out the provisions of this reorganization plan. Message of the President To the Congress of the United States: I transmit herewith Reorganization Plan No. 3 of 1950, prepared in accordance with the Reorganization Act of 1949 and providing for reorganizations in the Department of the Interior. My reasons for transmitting this plan are stated in an accompanying general message. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 3 of 1950 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. I have found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of an Assistant Secretary of the Interior and an Administrative Assistant Secretary of the Interior. The rate of compensation fixed for these officers is that which I have found to prevail in respect of comparable officers in the executive branch of the Government. The taking effect of the reorganizations included in this plan may not in itself result in substantial immediate savings. However, many benefits in improved operations are probable during the next years which will result in a reduction in expenditures as compared with those that would be otherwise necessary. An itemization of these reductions in advance of actual experience under this plan is not practicable.  Harry S. Truman. The White House March 13, 1950  1452. Deputy Secretary of the Interior; appointment  The position of Deputy Secretary is established in the Department of the Interior with appointment thereto by the President, by and with the advice and consent of the Senate. ( May 9, 1935, ch. 101,  1 49 Stat. 177 Pub. L. 101509, title V,  529 [title I,  112(a)(2)] Nov. 5, 1990 104 Stat. 1427  Editorial Notes Codification Provisions of this section which prescribed the annual rate of basic compensation of the Deputy Secretary were omitted to conform to the provisions of the Federal Executive Salary Schedule. See section 5313 of Title 5 Section was formerly classified to section 481a of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 Amendments 1990 Pub. L. 101509 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101509 Nov. 5, 1990 Pub. L. 101509 section 3404 of Title 20 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 64 Stat. 1262 section 1451 of this title  1453. Assistant Secretaries of the Interior  There shall be in the Department of the Interior two Assistant Secretaries of the Interior who shall be without numerical distinction of rank and who shall be appointed by the President, by and with the advice and consent of the Senate. (R.S.  438; Mar. 3, 1885, ch. 360 23 Stat. 497 Mar. 3, 1917, ch. 163,  1 39 Stat. 1102 Feb. 29, 1944, ch. 72 58 Stat. 107  Editorial Notes Codification Act Feb. 29, 1944 R.S.  438 derived from acts Mar. 14, 1862, ch. 41,  6 12 Stat. 369 Mar. 3, 1873, ch. 226,  1 17 Stat. 486 Section was formerly classified to section 482 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 Statutory Notes and Related Subsidiaries  Transfer of Functions Functions, powers, and duties of Office of Audit and Investigation in Department of the Interior transferred to Office of Inspector General in Department of the Interior, as established by section 9(a)(1)(F) of the Inspector General Act of 1978, Pub. L. 95452 section 422(a)(1)(H) of Title 5 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 64 Stat. 1262 section 1451 of this title Administrative Assistant Secretary An Administrative Assistant Secretary of the Interior, to be appointed, with the approval of the President, by the Secretary of the Interior under the classified civil service, to perform such duties as the Secretary of the Interior shall prescribe, and to receive compensation at the rate of $14,800 per annum, was provided for by section 4 of Reorg. Plan No. 3 of 1950, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title Pub. L. 9222,  3 June 1, 1971 85 Stat. 76 Additional Assistant Secretary An additional Assistant Secretary of the Interior, to be appointed by the President, by and with the advice and consent of the Senate, to perform such duties as the Secretary of the Interior shall prescribe, and to receive compensation at the rate prescribed by law for Assistant Secretaries of executive departments, was provided for by Reorg. Plan No. 3 of 1950,  3, eff. May 24, 1950 64 Stat. 1262 section 1451 of this title Temporary Additional Assistant Secretary The office of a temporary additional Assistant Secretary of the Interior, which was provided for by act Feb. 29, 1944, ch. 72 58 Stat. 107 December 31, 1946 section 1 of Title 50  1453a. Additional Assistant Secretary of the Interior; appointment; duties; compensation  There shall be hereafter in the Department of the Interior, in addition to the Assistant Secretaries now provided by law, an additional Assistant Secretary of the Interior who shall be appointed by the President by and with the advice and consent of the Senate, who shall be responsible for such duties as the Secretary of the Interior shall prescribe, and shall receive compensation at the rate now or hereafter prescribed by law for Assistant Secretaries of the Interior. ( Pub. L. 9222,  1 June 1, 1971 85 Stat. 75  Statutory Notes and Related Subsidiaries Senate Confirmation of Presidential Appointment of Additional Assistant Secretary of the Interior as Repealing Provisions for Assistant Secretary of the Interior for Administration Pub. L. 9222,  3 June 1, 1971 85 Stat. 76 Section 4 of Reorganization Plan Numbered 3 of 1950, as amended ( 64 Stat. 1262 section 1451 of this title section 5315(18) of Title 5  1454. Duties of Assistant Secretary and assistant to Secretary  The Assistant Secretary of the Interior shall perform such duties in the Department of the Interior as shall be prescribed by the Secretary, or may be required by law. The assistant to the Secretary of the Interior is authorized to sign such official papers and documents as the Secretary may direct. (R.S.  439; Mar. 28, 1918, ch. 29 40 Stat. 499  Editorial Notes Codification R.S.  439 derived from act Mar. 14, 1862, ch. 41,  6 12 Stat. 369 Section was formerly classified to section 483 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 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 64 Stat. 1262 section 1451 of this title  1455. Solicitor; appointment; duties  On and after June 26, 1946 ( June 26, 1946, ch. 494 60 Stat. 312  Editorial Notes Codification Provisions of this section which prescribed the compensation of the Solicitor were omitted to conform to the provisions of the Federal Executive Salary Schedule. See section 5311 et seq. of Title 5, Government Organization and Employees. Section was formerly classified to section 483a of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378  1456. Chief clerk  The chief clerk of the Department of the Interior on and after July 3, 1926 1 1 ( July 3, 1926, ch. 771,  1 44 Stat. 854  Editorial Notes  References in Text Section 3683 of the Revised Statutes, referred to in text, was classified to section 675 of former Title 31, Money and Finance, and repealed by act Sept. 12, 1950, ch. 946, title III,  301(76) 64 Stat. 843 Codification Section was formerly classified to section 484 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 Prior Provisions Provisions similar to those in this section were contained in the following prior appropriations acts: May 24, 1922, ch. 199 42 Stat. 552 Jan. 24, 1923, ch. 42 42 Stat. 1174 June 5, 1924, ch. 264 43 Stat. 391 Mar. 3, 1925, ch. 462 43 Stat. 1142 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 64 Stat. 1262 section 1451 of this title Division of Administrative Services Interior Department Order No. 2546, dated Dec. 7, 1949 Jan. 20, 1950 Aug. 15, 1950  1456a. Repealed. Pub. L. 95164, title III,  306(b) Nov. 9, 1977 91 Stat. 1322   Section, Pub. L. 93153, title IV,  405 Nov. 16, 1973 87 Stat. 590 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective 120 days after Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of Title 30  1457. Duties of Secretary  The Secretary of the Interior is charged with the supervision of public business relating to the following subjects and agencies: 1. Alaska Railroad. 2. Alaska Road Commission. 3. Bounty-lands. 4. Bureau of Land Management. 5. United States Bureau of Mines. 6. Bureau of Reclamation. 7. Division of Territories and Island Possessions. 8. Fish and Wildlife Service. 9. United States Geological Survey. 10. Indians. 11. National Park Service. 12. Petroleum conservation. 13. Public lands, including mines. (R.S.  441; Mar. 3, 1879, ch. 182 20 Stat. 394 Jan. 12, 1895, ch. 23 28 Stat. 601 June 17, 1902, ch. 1093,  1 32 Stat. 388 Feb. 14, 1903, ch. 552,  4 32 Stat. 826 Mar. 4, 1911, ch. 285,  1 36 Stat. 1422 July 1, 1916, ch. 209,  1 39 Stat. 309 Aug. 25, 1916, ch. 408 39 Stat. 535 June 8, 1923 Mar. 17, 1925 July 21, 1930 June 30, 1932, ch. 320,  1 47 Stat. 446 Feb. 22, 1934 May 29, 1934 June 28, 1934, ch. 865,  1 48 Stat. 1269 July 1, 1939 53 Stat. 1424 July 1, 1939 53 Stat. 1433 June 30, 1940 54 Stat. 1232 June 30, 1940 54 Stat. 1236 July 16, 1946 60 Stat. 1100 Pub. L. 8556, title XXII,  2201(1) June 17, 1957 71 Stat. 157 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Editorial Notes Codification R.S.  441 derived from acts Mar. 3, 1849, ch. 108 9 Stat. 395 Feb. 5, 1859, ch. 22,  1 11 Stat. 379 July 20, 1868, ch. 176,  1 15 Stat. 92 July 8, 1870, ch. 230,  1 16 Stat. 198 Section was formerly classified to section 485 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 Amendments 1957 Pub. L. 8556 Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted for Bureau of Mines in par. (5) pursuant to section 10(b) of Pub. L. 102285 section 1 of Title 30 United States Geological Survey substituted for Geological Survey in par. 9 pursuant to provision of title I of Pub. L. 102154 section 31 of this title Effective Date of 1957 Amendment Amendment by Pub. L. 8556 Jan. 1, 1958 section 2301 of Pub. L. 8556 Report to Congress on Availability of Federal Programs to Territories of United States; Authorization of Appropriations Pub. L. 95134, title IV,  401 Oct. 15, 1977 91 Stat. 1163 Jan. 1, 1978 Study of Health and Safety Conditions in Metal and Nonmetallic Mines Pub. L. 87300 Sept. 26, 1961 75 Stat. 649 Sept. 26, 1961 Surveys, Investigations and Research; Appropriations Pub. L. 85743 Aug. 23, 1958 72 Stat. 837  That the authority vested in the Secretary of the Interior, to perform surveys, investigations, and research in geology, biology, minerals and water resources, and mapping is hereby extended to include Antarctica and the Trust Territory of the Pacific Islands. Sec. 2. The Secretary of the Interior is authorized to compile maps of Antarctica from materials already available and from such additional material as may result from the several expeditions in support of the International Geophysical Year. Sec. 3. Nothing in this Act shall be construed to authorize the absorption or modification of, or change in any way, the responsibility of any other department or agency of the United States, including the performance of surveys, mapping, and compilation of maps. Sec. 4. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. [For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48 Conveyance to Indian Tribes of Federally Owned Buildings, Improvements, or Facilities Act Aug. 6, 1956, ch. 979 70 Stat. 1057  The Secretary of the Interior at the request of any Indian tribe, band, or group is authorized to convey to such Indian tribe, band, or group, by such means as he may deem appropriate, title to any federally owned buildings, improvements, or facilities (including any personal property used in connection with such buildings, improvements, or facilities) that are situated on lands of such tribe, band, or group or on lands reserved for the administration of its affairs, and that are no longer required by the Secretary for the administration of Indian affairs. Any tribe, band, or group to which property is conveyed pursuant to this Act may dispose of such property whenever its governing body determines that the property is no longer needed for its use. If, at any time while property conveyed pursuant to this Act remains in the ownership of any Indian tribe, band, or group, the Secretary of the Interior determines that such property is not being adequately maintained or properly utilized by such tribe, band, or group or that the property creates a health or safety hazard or other undesirable condition, he may declare a forfeiture of the conveyance and the title to such property shall thereupon revert to the United States. Such determination by the Secretary shall be final. For the purpose of this Act, the term Indian shall include Eskimos and Aleuts. [Act Aug. 6, 1956 section 443a of Title 25 Indian Goods and Supplies Act Apr. 30, 1908, ch. 153 35 Stat. 73 That hereafter payment for transportation of Indian goods and supplies shall include all Indian transportation lawfully due such land-grant railroads as have not received aid in Government bonds (to be adjusted in accordance with the decisions of the Supreme Court in cases decided under such land-grant Acts), but in no case shall more than 50 per centum of full amount of service be paid to said land-grant roads: Provided Provided further [Act Apr. 30, 1908 section 443b of Title 25  Section as Unaffected by Submerged Lands Act Provisions of this section as not amended, modified, or repealed by Submerged Lands Act, see section 1303 of this title Statutory Notes and 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 64 Stat. 1262 section 1451 of this title Functions of General Land Office and of Grazing Service consolidated into a new agency known as Bureau of Land Management by Reorg. Plan No. 3 of 1946,  403(a), eff. July 16, 1946 section 1 of this title The following subjects of which Secretary of the Interior was charged with supervision by R.S.  441, were transferred in the manner indicated: CensusTransferred to Department of Commerce and Labor by act Feb. 14, 1903, ch. 552,  4 32 Stat. 826 PensionsTransferred to Veterans Administration by Ex. Ord. No. 5398 of July 21, 1930 act July 3, 1930, ch. 863,  1 46 Stat. 1016 PatentsTransferred to Department of Commerce by Ex. Ord. No. 4175 of Mar. 17, 1925 act Feb. 14, 1903, ch. 552 32 Stat. 830 Publications, custody and distributionTransferred to Public Printer and superintendent of documents by act Jan. 12, 1895, ch. 23 28 Stat. 601 EducationTransferred to Federal Security Agency by Reorg. Plan No. I of 1939,  201, 4 F.R. 2728 53 Stat. 1424 section 3441 of Title 20 Government Hospital for the InsaneDesignated St. Elizabeths Hospital by act July 1, 1916, ch. 209,  1 39 Stat. 309 54 Stat. 1236 section 3508(b) of Title 20 Columbia Asylum for the Deaf and DumbDesignated Columbia Institution for the Deaf by act Mar. 4, 1911, ch. 285,  1 36 Stat. 1422 act June 18, 1954, ch. 324,  1 68 Stat. 265 Pub. L. 99371, title I,  101(a) Aug. 4, 1986 100 Stat. 781 54 Stat. 1236 section 3441 of Title 20 The following subjects and agencies were placed under supervision of Secretary of the Interior by acts and executive orders cited thereto: Alaska RailroadEx. Ord. No. 3861 of June 8, 1923 act Mar. 12, 1914, ch. 37 38 Stat. 305 Apr. 25, 1963 Apr. 25, 1963 section 6(i) of Pub. L. 89670 Oct. 15, 1966 80 Stat. 941 Pub. L. 97468, title VI,  615(a)(4) Jan. 14, 1983 96 Stat. 2579 Jan. 5, 1985 section 1203 of Title 45 section 615(a) of Pub. L. 97468 Alaska Road Commission Act June 30, 1932, ch. 320,  1 47 Stat. 446 act June 29, 1956, ch. 462, title I,  107 70 Stat. 377 June 25, 1959 Pub. L. 8670,  21(d)(7) 73 Stat. 146 Bureau of MinesTransferred to Department of Commerce by Ex. Ord. No. 4239 of June 4, 1925 Feb. 22, 1934 Functions of Secretary of the Interior, Department of the Interior, and officers and components of Department of the Interior exercised by Bureau of Mines relating to fuel supply and demand analysis and data gathering, research and development relating to increased efficiency of production technology of solid fuel minerals other than research relating to mine health and safety and research relating to environmental and leasing consequences of solid fuel mining, and coal preparation and analysis transferred to Secretary of Energy by section 7152(d) of Title 42 section 100 of Pub. L. 97257 96 Stat. 841 section 7152 of Title 42 For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see note set out under section 1 of Title 30 Bureau of Reclamation Act June 17, 1902, ch. 1093 32 Stat. 388 Power marketing functions of Bureau of Reclamation, including construction, operation, and maintenance of transmission lines and attendant facilities, transferred to Secretary of Energy by section 7152(a)(1)(D), (3) of Title 42, The Public Health and Welfare, and to be exercised by Secretary through a separate Administration within Department of Energy. Division of Territories and Island PossessionsEx. Ord. No. 6726 of May 29, 1934 July 28, 1950 June 30, 1971 July 1, 1971 Feb. 6, 1973 Feb. 14, 1980 May 14, 1980 Fish and Wildlife Service1939 Reorg. Plan No. II,  4(e), (f), 4 F.R. 2731, 53 Stat. 1433 54 Stat. 1232 act Aug. 8, 1956, ch. 1036,  3 70 Stat. 1119 section 742b of Title 16 Geological Survey Act Mar. 3, 1879, ch. 182 20 Stat. 394 Grazing Act June 28, 1934, ch. 865 48 Stat. 1269 National Park Service Act Aug. 25, 1916, ch. 408 39 Stat. 535 Office of Consumers Counsel of National Bituminous Coal CommissionAbolished and functions transferred to office of Solicitor of Department of the Interior, by Reorg. Plan No. II of 1939,  4(c), eff. July 1, 1939 Petroleum conservationSection 3 of Ex. Ord. No. 10752, eff. Feb. 12, 1958 Feb. 28, 1935 Dec. 1, 1937 June 3, 1946  Emergency Preparedness Functions For assignment of certain emergency preparedness functions to Secretary of the Interior, see Parts 1, 2, and 10 of Ex. Ord. No. 12656, Nov. 18, 1988 section 5195 of Title 42 Executive Documents  Executive Order No. 9633 Ex. Ord. No. 9633, eff. Sept. 28, 1945 Jan. 16, 1953  Ex. Ord. No. 12906. Coordinating Geographic Data Acquisition and Access: The National Spatial Data Infrastructure Ex. Ord. No. 12906, Apr. 11, 1994 Feb. 28, 2003 Geographic information is critical to promote economic development, improve our stewardship of natural resources, and protect the environment. Modern technology now permits improved acquisition, distribution, and utilization of geographic (or geospatial) data and mapping. The National Performance Review has recommended that the executive branch develop, in cooperation with State, local, and tribal governments, and the private sector, a coordinated National Spatial Data Infrastructure to support public and private sector applications of geospatial data in such areas as transportation, community development, agriculture, emergency response, environmental management, and information technology. NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States of America; and to implement the recommendations of the National Performance Review; to advance the goals of the National Information Infrastructure; and to avoid wasteful duplication of effort and promote effective and economical management of resources by Federal, State, local, and tribal governments, it is ordered as follows: Section (b) Geospatial data means information that identifies the geographic location and characteristics of natural or constructed features and boundaries on the earth. This information may be derived from, among other things, remote sensing, mapping, and surveying technologies. Statistical data may be included in this definition at the discretion of the collecting agency. (c) The National Geospatial Data Clearinghouse means a distributed network of geospatial data producers, managers, and users linked electronically. Sec (b) Each member agency shall ensure that its representative on the FGDC holds a policy-level position. (c) Executive branch departments and agencies (agencies) that have an interest in the development of the NSDI are encouraged to join the FGDC. (d) This Executive order is intended to strengthen and enhance the general policies described in OMB Circular No. A16. Each agency shall meet its respective responsibilities under OMB Circular No. A16. (e) The FGDC shall seek to involve State, local, and tribal governments in the development and implementation of the initiatives contained in this order. The FGDC shall utilize the expertise of academia, the private sector, professional societies, and others as necessary to aid in the development and implementation of the objectives of this order. Sec Establishing a National Geospatial Data Clearinghouse (b) Standardized Documentation of Data (c) Public Access to Geospatial Data (d) Agency Utilization of the Clearinghouse (e) Funding Sec General FGDC Responsibility (b) Standards for Which Agencies Have Specific Responsibilities (c) Other Standards (d) Agency Adherence to Standards Sec Sec Sec 5 U.S.C. 105 (b) The following activities are exempt from compliance with this order: (i) national security-related activities of the Department of Defense as determined by the Secretary of Defense; (ii) national defense-related activities of the Department of Energy as determined by the Secretary of Energy; (iii) intelligence activities as determined by the Director of Central Intelligence; and (iv) the national security-related activities of the Department of Homeland Security as determined by the Secretary of Homeland Security. (c) The NSDI may involve the mapping, charting, and geodesy activities of the Department of Defense relating to foreign areas, as determined by the Secretary of Defense. (d) This order does not impose any requirements on tribal governments. (e) Nothing in the order shall be construed to contravene the development of Federal Information Processing Standards and Guidelines adopted and promulgated under the provisions of section 111(d) of the Federal Property and Administrative Services Act of 1949 [former 40 U.S.C. 759(d) Public Law 100235 Sec  1457a. Authorization of appropriations for particular programs (a) Maximum amounts for specified years Notwithstanding any other provision of law, there shall not be appropriated to the Secretary of the Interior for Department of the Interior programs as defined in subsection (e) in excess of $4,095,404,000 for the fiscal year ending on September 30, 1981 September 30, 1982 September 30, 1983 September 30, 1984 (b) Ceilings on certain appropriations It is the sense of the Congress that the appropriation targets for such fiscal years should be: not less than $275,000,000 to be appropriated annually pursuant to the provisions of chapter 2003 of title 54; not less than $30,000,000 to be appropriated annually pursuant to the provisions of division A of subtitle III of title 54; not less than $10,000,000 to be appropriated annually pursuant to the provisions of chapter 2005 of title 54; not less than $105,000,000 to be appropriated annually to be used for the restoration and rehabilitation of units of the National Park System, as authorized by law; not less than $239,000,000 to be appropriated annually for the Office of Territorial and International Affairs (including amounts for the Trust Territory of the Pacific Islands); not less than $6,200,000 to be appropriated annually to carry out the provisions of title III of the Surface Mining Control and Reclamation Act of 1977 ( 91 Stat. 445 1 1 section 6904 of title 31 (c) Additional limitations Notwithstanding the limitation otherwise imposed by subsection (a) of this section (1) the authorization for obligation and appropriations for the Department of the Interior may exceed the amount specified in subsection (a) by such amount as permanent and annual indefinite appropriations exceed the estimates for such appropriations as contained in The Budget of the United States Government, Fiscal Year 1982, as revised by the March 1981, publication of the Office of Management and Budget entitled Fiscal Year 1982 Budget Revisions, when receipts available to be appropriated equal or exceed such appropriations, and (2) the authorization for obligation and appropriations for the Department of the Interior may exceed the amount specified in subsection (a) by such amounts as may be required for emergency firefighting and for increased pay costs authorized by law. (d) Omitted (e) Applicable programs For the purposes of this section, the term Department of the Interior programs means (1) Alaska Native Fund amounts included in Bureau of Indian Affairs programs funded from Miscellaneous Trust Funds and Miscellaneous Permanent Appropriations accounts; (2) Bureau of Land Management programs; (3) United States Bureau of Mines programs; (4) National Park Service programs other than the John F. Kennedy Center for the Performing Arts (including those programs formerly administered by the Heritage Conservation and Recreation Service as of October 1, 1980 (5) Offices of the Solicitor and the Secretary; (6) Office of Surface Mining Reclamation and Enforcement programs; (7) Office of Territorial Affairs programs; (8) United States Geological Survey programs; and (9) Bureau of Reclamation (including those programs formerly administered by the Water and Power Resources Service). ( Pub. L. 9735, title XIV,  1401 Aug. 13, 1981 95 Stat. 748 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172 Pub. L. 113287,  5 l Dec. 19, 2014 128 Stat. 3271  Editorial Notes  References in Text The Surface Mining Control and Reclamation Act of 1977 ( 91 Stat. 445 Pub. L. 9587 Aug. 3, 1977 91 Stat. 445 Pub. L. 98409 section 1201 of Title 30 Codification In subsec. (b), chapter 69 of title 31 and  section 6904 of title 31 October 20, 1976 90 Stat. 2662 31 U.S.C. 1601 31 U.S.C. 1603 Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 Subsec. (d) of this section is set out as a note under section 1734 of this title Amendments 2014Subsec. (b). Pub. L. 113287,  5 l 80 Stat. 915 16 U.S.C. 470 92 Stat. 3538 16 U.S.C. 2501 Pub. L. 113287,  5 l 16 U.S.C. 460z 78 Stat. 897 16 U.S.C. 460z Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted for Bureau of Mines in subsec. (e)(3) pursuant to section 10(b) of Pub. L. 102285 section 1 of Title 30 section 1 of Title 30 Circular of Office of Management and Budget and Similar Orders or Directives Inapplicable to Certain Public Land Activities Without Affecting Other Authorizations; Congressional Findings Pub. L. 98540,  3 Oct. 24, 1984 98 Stat. 2718  (a) The Congress finds that (1) the public lands administered by the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service contain valuable wildlife, scenery, natural and historic features, and other resources; (2) the Congress has specified the duties and responsibilities of the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service to balance the conservation and protection of these public lands and resources with permitted uses in ways Congress has found to be appropriate for each of the various land areas; (3) the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service are currently under congressional mandates to maintain sufficient visitor and recreational services in our national parks, campgrounds, and wildlife refuges; (4) the Congress has authorized the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service to contract for the provision of certain facilities, accommodations, and services by non-Federal entities, but with certain limitations that reflect the values and appropriate management policies of the various conservation areas, parks, wildlife refuges, and other public lands; (5) expansion of the contracting authority of the managers of these conservation areas, parks, wildlife refuges, and lands should be considered only after careful study of the existing management mandates and contracting authorities; and (6) management and regulation of natural resources on Federal lands are inherently Government functions and should be performed by Federal employees. (b) (1) (A) The provisions of Office of Management and Budget Circular A76 and any similar provisions in any other order or directive shall not apply to activities conducted by the National Park Service, United States Fish and Wildlife Service, and the Bureau of Land Management which involve ten full time equivalents (FTE) or less. (B) For fiscal years 1985 through and including 1988, no contracts, for activities conducted by the National Park Service, United States Fish and Wildlife Service, or the Bureau of Land Management which have been subject to the provisions of Office of Management and Budget Circular A76 or any similar provision in any other order or directive, shall be entered into by the United States until funds have been specifically provided therefore by an Act of Congress. (2) Nothing in this section shall prevent the National Park Service, United States Fish and Wildlife Service, and the Bureau of Land Management from entering into contracts for services and materials under provisions of law and rules, regulations, orders, and policies other than the circular referred to in paragraph (1) or any similar order or directive. Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48  1457b. Use of cooperative agreements  For fiscal year 2010, and each fiscal year thereafter, the Secretary of the Interior may enter into cooperative agreements with a State or political subdivision (including any agency thereof), or any not-for-profit organization if the agreement will: (1) serve a mutual interest of the parties to the agreement in carrying out the programs administered by the Department of the Interior; and (2) all parties will contribute resources to the accomplishment of these objectives. At the discretion of the Secretary, such agreements shall not be subject to a competitive process. ( Pub. L. 11188, div. A, title I,  112 Oct. 30, 2009 123 Stat. 2928  Editorial Notes Codification Section is from the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010.  1457c. Power of Secretary or designated officer  The Secretary of the Interior, or such officer as he may designate, is authorized to enforce and carry into execution, by appropriate regulations, every part of the provisions of title 32 of the Revised Statutes not otherwise specially provided for. (R.S.  2478; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100   References in Text Title 32 of the Revised Statutes, referred to in text, was in the original this Title, meaning title 32 of the Revised Statutes, consisting of R.S.  2207 to 2490. For complete classification of R.S.  2207 to 2490 to the Code, see Tables. Editorial Notes Codification Section was formerly classified to section 1201 of this title R.S.  2478 derived from acts Sept. 28, 1850, ch. 84 9 Stat. 520 Mar. 12, 1860, ch. 5,  1 12 Stat. 3 Feb. 19, 1874, ch. 30 18 Stat. 16 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 64 Stat. 1262 section 1451 of this title Secretary of the Interior or such officer as he may designate substituted for Commissioner of the General Land Office, under the directions of the Secretary of the Interior on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  1458. Secretary to exercise certain powers over Territories  The Secretary of the Interior shall exercise all the powers and perform all the duties in relation to the Territories of the United States that were, prior to March 1, 1873 (R.S.  442.)  Editorial Notes Codification R.S.  442 derived from act Mar. 1, 1873, ch. 217 17 Stat. 484 Section was formerly classified to section 486 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 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 64 Stat. 1262 section 1451 of this title  Ex. Ord. No. 10967. Administration of Palmyra Island Ex. Ord. No. 10967, eff. Oct. 10, 1961 By virtue of the authority vested in me by section 48 of the Hawaii Omnibus Act (approved July 12, 1960 74 Stat. 424 P.L. 86624 section 491 of Title 48 section 301 of title 3 Section June 15, 1950 64 Stat. 217 48 U.S.C. 644a Sec Sec June 15, 1950 48 U.S.C. 644a Sec Sec Sec Sec June 15, 1950 48 U.S.C. 644a  John F. Kennedy.  1459. Expenditures of department  The Secretary of the Interior shall sign all requisitions for the advance or payment of money, out of the Treasury, upon estimates or accounts for expenditures upon business assigned by law to his department; subject, however, to adjustment and control by the Government Accountability Office. (R.S.  444; June 10, 1921, ch. 18 42 Stat. 24 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814  Editorial Notes Codification R.S.  444 derived from act Mar. 3, 1849, ch. 108,  2 9 Stat. 395 Section was formerly classified to section 487 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 Statutory Notes and Related Subsidiaries  Change of Name Government Accountability Office substituted in text for General Accounting Office pursuant to section 8(b) of Pub. L. 108271 section 702 of Title 31 June 10, 1921 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 64 Stat. 1262 section 1451 of this title  1460. Copies of records, documents, etc.; charges; disposition of receipts  The Secretary of the Interior, or any of the officers of that Department may, when not prejudicial to the interests of the Government, furnish authenticated or unauthenticated copies of any official books, records, papers, documents, maps, plats, or diagrams within his custody and may charge therefore a sum equal to the cost of production thereof, plus the cost of administrative services involved in handling the records for such purpose, as these costs may be determined by the Secretary of the Interior or such subordinate officials or employees as he may designate, and in addition the sum of 25 cents for each certificate of verification and the seal attached to authenticated copies. There shall be no charge for the making or verification of copies required for official use by the officers of any branch of the Government. Only a charge of 25 cents shall be made for furnishing authenticated copies of any rules, regulations, or instructions printed by the government for gratuitous distribution. The money received for copies under this section shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of furnishing copies as herein authorized. ( Aug. 24, 1912, ch. 370,  1 37 Stat. 497 July 30, 1947, ch. 354,  1 61 Stat. 521 Aug. 3, 1950, ch. 526 64 Stat. 402  Editorial Notes Codification Section was formerly classified to section 488 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 Amendments 1950Act Aug. 3, 1950 1947Act July 30, 1947 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 64 Stat. 1262 section 1451 of this title  1461. Rules and regulations governing inspection and copying  Nothing in sections 1460 to 1463 of this title shall be construed to limit or restrict in any manner the authority of the Secretary of the Interior to prescribe such rules and regulations as he may deem proper governing the inspection of the records of said department and its various bureaus by the general public, and any person having any particular interest in any of such records may be permitted to take copies of such records under such rules and regulations as may be prescribed by the Secretary of the Interior. ( Aug. 24, 1912, ch. 370,  2 37 Stat. 498  Editorial Notes Codification Section was formerly classified to section 489 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 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 64 Stat. 1262 section 1451 of this title  1462. Attestation of copies by official seal  All officers who furnish authenticated copies under section 1460 of this title ( Aug. 24, 1912, ch. 370,  4 37 Stat. 498  Editorial Notes Codification Section was formerly classified to section 491 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378  1463. Disposition of receipts  All sums received under the provisions of section 1460 of this title ( Aug. 24, 1912, ch. 370,  6 37 Stat. 498  Editorial Notes Codification Section was formerly classified to section 492 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378  1464. Agents or attorneys representing claimants before department  The Secretary of the Interior may prescribe rules and regulations governing the recognition of agents, attorneys, or other persons representing claimants before his department, and may require of such persons, agents, and attorneys, before being recognized as representatives of claimants, that they shall show that they are of good moral character and in good repute, possessed of the necessary qualifications to enable them to render such claimants valuable service, and otherwise competent to advise and assist such claimants in the presentation of their claims and such Secretary may, after notice and opportunity for a hearing, suspend or exclude from further practice before his department any such person, agent, or attorney shown to be incompetent, disreputable, or who refuses to comply with the said rules and regulations, or who shall with intent to defraud in any manner, deceive, mislead, or threaten any claimant, or prospective claimant, by word, circular, letter, or by advertisement. ( July 4, 1884, ch. 181,  5 23 Stat. 101  Editorial Notes Codification Section was formerly classified to section 493 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 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 64 Stat. 1262 section 1451 of this title  1465. Annual reports of department and its bureaus  The annual reports of the department and of all its bureaus and establishments, including the Bureau of Reclamation, shall not exceed a total of one thousand two hundred and fifty pages. ( May 24, 1922, ch. 199 42 Stat. 554 Jan. 24, 1923, ch. 42 42 Stat. 1176 June 5, 1924, ch. 264 43 Stat. 392 Mar. 3, 1925, ch. 462 43 Stat. 1143  Editorial Notes Codification Section was formerly classified to section 495 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378  1466. Administration of oaths, affirmations, etc., by employees of Division of Investigations; force and effect  Special agents and such other employees of the Division of Investigations, Department of the Interior of the United States, as are designated by the Secretary of the Interior for that purpose, are authorized and empowered to administer to or take from any person an oath, affirmation, affidavit, or deposition whenever necessary in the performance of their official duties. Any such oath, affirmation, affidavit, or deposition administered or taken by or before a special agent or such other employee of the Division of Investigations, Department of the Interior, designated by the Secretary of the Interior, when certified under his hand, shall have like force and effect as if administered or taken before an officer having a seal. ( Oct. 14, 1940, ch. 878 54 Stat. 1175  Editorial Notes Codification Section was formerly classified to section 498 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378 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 64 Stat. 1262 section 1451 of this title  1467. Working capital fund; establishment; uses; reimbursement  There is established a working capital fund of $300,000, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of (1) a central reproduction service; (2) communication services; (3) a central supply service for stationery, supplies, equipment, blank forms, and miscellaneous materials, for which adequate stocks may be maintained to meet in whole or in part requirements of the bureaus and offices of the Department in the city of Washington and elsewhere; (4) a central library service; (5) health services; and (6) such other similar service functions as the Secretary determines may be performed more advantageously on a reimbursable basis. Said fund shall be reimbursed from available funds of bureaus, offices, and agencies for which services are performed at rates which will return in full all expenses of operation, including reserves for accrued annual leave and depreciation of equipment. ( Sept. 6, 1950, Ch. 896 64 Stat. 680  Editorial Notes Codification Section was formerly classified to section 502 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378  1467a. Working capital fund; credit card refunds or rebates  Refunds or rebates received on an on-going basis from a credit card services provider under the Department of the Interiors charge card programs, on and after October 11, 2000 43 U.S.C. 1467 ( Pub. L. 106291, title I,  113 Oct. 11, 2000 114 Stat. 943  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in the following prior appropriation act: Pub. L. 106113, div. B,  1000(a)(3) [title I,  118] Nov. 29, 1999 113 Stat. 1535  1468. Working capital fund; availability for uniforms or allowances therefor  The working capital fund, established by section 1467 of this title June 13, 1956 section 5901 of title 5 ( June 13, 1956, ch. 380 70 Stat. 266  Editorial Notes Codification Section was formerly classified to section 503 of Title 5 Pub. L. 89554,  1 Sept. 6, 1966 80 Stat. 378  1469. Employment and compensation of personnel to perform work occasioned by emergencies  Notwithstanding any other provision of law, persons may be employed or otherwise contracted with by the Secretary of the Interior to perform work occasioned by emergencies such as fire, flood, storm, or any other unavoidable cause and may be compensated at regular rates of pay without regard to Sundays, Federal holidays, and the regular workweek. ( Pub. L. 94165, title I,  108 Dec. 23, 1975 89 Stat. 990  1470. Appropriations; availability for certain administrative expenses  Appropriations for field work of the Department of the Interior shall be available for the hire, with or without personal services, of boats, work animals, and animal-drawn and motor-propelled vehicles and equipment. ( June 25, 1946, ch. 472,  1 60 Stat. 306  Editorial Notes Codification Section was formerly classified to section 692 of Title 31 Pub. L. 97258,  1 Sept. 13, 1982 96 Stat. 877  1471. Appropriations; availability for payment of property damages  Appropriations for contingent expenses of the Department of the Interior shall be available, to the extent specified therein, for the payment of damages to private property (not to exceed $500 in any one case) caused by the negligent operation of motor vehicles under such appropriations. ( June 25, 1946, ch. 472,  2 60 Stat. 306  Editorial Notes Codification Section was formerly classified to section 693 of Title 31 Pub. L. 97258,  1 Sept. 13, 1982 96 Stat. 877  1471a. Availability of appropriations for emergency repair or replacement of damaged or destroyed facilities and equipment  Appropriations in this title 1 1 1 October 2, 1992 Provided ( Pub. L. 102377, title II,  201 Oct. 2, 1992 106 Stat. 1331  Editorial Notes  References in Text This title, referred to in text, is title II of Pub. L. 102377 Oct. 2, 1992 106 Stat. 1327  1471b. Availability of appropriations for suppression and emergency prevention of forest and range fires  On and after October 2, 1992 1 1 1 ( Pub. L. 102377, title II,  202 Oct. 2, 1992 106 Stat. 1331  Editorial Notes  References in Text This title, referred to in text, is title II of Pub. L. 102377 Oct. 2, 1992 106 Stat. 1327  1471c. Availability of appropriations for operation of warehouses, garages, shops, and similar facilities  Appropriations in this title 1 1 1 October 2, 1992 Provided ( Pub. L. 102377, title II,  203 Oct. 2, 1992 106 Stat. 1331  Editorial Notes  References in Text This title, referred to in text, is title II, Department of the Interior, of the Energy and Water Development Appropriations Act, 1993, of Pub. L. 102377 Oct. 2, 1992 106 Stat. 1327  1471c1. Availability of appropriations for operation of warehouses, garages, shops, and similar facilities  Appropriations made to the Department of the Interior shall on and after December 8, 2004 Provided ( Pub. L. 108447, div. E, title I,  103 Dec. 8, 2004 118 Stat. 3063  Editorial Notes Codification Section is from title I, Department of the Interior, of the Department of the Interior and Related Agencies Appropriations Act, 2005, Pub. L. 108447, div. E Dec. 8, 2004 118 Stat. 3039 Statutory Notes and Related Subsidiaries Prior Similar Provisions Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 108108, title I,  103 Nov. 10, 2003 117 Stat. 1265 Pub. L. 1087, div. F, title I,  103 Feb. 20, 2003 117 Stat. 238 Pub. L. 10763, title I,  103 Nov. 5, 2001 115 Stat. 437 Pub. L. 106291, title I,  103 Oct. 11, 2000 114 Stat. 941 Pub. L. 106113, div. B,  1000(a)(3) [title I,  103] Nov. 29, 1999 113 Stat. 1535 Pub. L. 105277, div. A,  101(e) [title I,  103] Oct. 21, 1998 112 Stat. 2681231 Pub. L. 10583, title I,  103 Nov. 14, 1997 111 Stat. 1561 Pub. L. 104208, div. A, title I,  101(d) [title I,  103] Sept. 30, 1996 110 Stat. 3009181 Pub. L. 104134, title I,  101(c) [title I,  103] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 103332, title I,  103 Sept. 30, 1994 108 Stat. 2518 Pub. L. 103138, title I,  103 Nov. 11, 1993 107 Stat. 1398 Pub. L. 102381, title I,  103 Oct. 5, 1992 106 Stat. 1395 Pub. L. 102154, title I,  103 Nov. 13, 1991 105 Stat. 1011 Pub. L. 101512, title I,  103 Nov. 5, 1990 104 Stat. 1935 Pub. L. 101121, title I,  103 Oct. 23, 1989 103 Stat. 719 Pub. L. 100446, title I,  103 Sept. 27, 1988 102 Stat. 1800 Pub. L. 100202,  101(g) [title I,  103] Dec. 22, 1987 101 Stat. 1329213 Pub. L. 99500,  101(h) [title I,  103] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title I,  103] Oct. 30, 1986 100 Stat. 3341242 Pub. L. 99190,  101(d) [title I,  103] Dec. 19, 1985 99 Stat. 1224 Pub. L. 98473, title I,  101(c) [title I,  103] Oct. 12, 1984 98 Stat. 1837 Pub. L. 98146, title I,  103 Nov. 4, 1983 97 Stat. 934 Pub. L. 97394, title I,  103 Dec. 30, 1982 96 Stat. 1981 Pub. L. 97100, title I,  103 Dec. 23, 1981 95 Stat. 1403 Pub. L. 96514, title I,  103 Dec. 12, 1980 94 Stat. 2971 Pub. L. 96126, title I,  103 Nov. 27, 1979 93 Stat. 967 Pub. L. 95465, title I,  103 Oct. 17, 1978 92 Stat. 1290 Pub. L. 9574, title I,  103 July 26, 1977 91 Stat. 296 Pub. L. 94373, title I,  103 July 31, 1976 90 Stat. 1054 Pub. L. 94165, title I,  103 Dec. 23, 1975 89 Stat. 990 Pub. L. 93404, title I,  103 Aug. 31, 1974 88 Stat. 814 Pub. L. 93120, title I,  103 Oct. 4, 1973 87 Stat. 440 Pub. L. 92369, title I,  103 Aug. 10, 1972 86 Stat. 518 Pub. L. 9276, title I,  103 Aug. 10, 1971 85 Stat. 239 Pub. L. 91361, title I,  103 July 31, 1970 84 Stat. 680 Pub. L. 9198, title I,  103 Oct. 29, 1969 83 Stat. 159 Pub. L. 90425, title I,  103 July 26, 1968 82 Stat. 437 Pub. L. 9028, title I,  103 June 24, 1967 81 Stat. 70 Pub. L. 89435, title I,  103 May 31, 1966 80 Stat. 182 Pub. L. 8952, title I,  103 June 28, 1965 79 Stat. 186 Pub. L. 88356, title I,  103 July 7, 1964 78 Stat. 284 Pub. L. 8879, title I,  103 July 26, 1963 77 Stat. 108 Pub. L. 87578, title I,  103 Aug. 9, 1962 76 Stat. 346 Pub. L. 87122, title I,  103 Aug. 3, 1961 75 Stat. 256 Pub. L. 86455, title I,  103 May 13, 1960 74 Stat. 114 Pub. L. 8660, title I,  103 June 23, 1959 73 Stat. 102 Pub. L. 85439, title I,  103 June 4, 1958 72 Stat. 165 Pub. L. 8577, title I,  103 July 1, 1957 71 Stat. 267 June 13, 1956, ch. 380 70 Stat. 266 June 16, 1955, ch. 147 69 Stat. 151 July 1, 1954, ch. 446 68 Stat. 374 July 31, 1953, ch. 298 67 Stat. 275 July 9, 1952, ch. 597 66 Stat. 460 Aug. 31, 1951, ch. 375 65 Stat. 265 Sept. 6, 1950, ch. 896 64 Stat. 696  1471d. Availability of appropriations for transportation, reprint, telephone, and library membership expenses  Appropriations in this title 1 1 1 October 2, 1992 ( Pub. L. 102377, title II,  204 Oct. 2, 1992 106 Stat. 1332  Editorial Notes  References in Text This title, referred to in text, is title II of Pub. L. 102377 Oct. 2, 1992 106 Stat. 1327  1471e. Reimbursement of employee license costs and certification fees  Notwithstanding any other provision of law, in fiscal year 1993 and thereafter, appropriations or funds available to the Department of the Interior or the Forest Service, Department of Agriculture, may be used to reimburse employees for the cost of State licenses and certification fees pursuant to their employment and that are necessary to comply with State or Federal laws, regulations, or requirements. ( Pub. L. 102381, title III,  317 Oct. 5, 1992 106 Stat. 1417  1471f. Availability of appropriations for incremental funding of research work orders for cooperative agreements  Notwithstanding any other provision of law, in fiscal year 1995 and thereafter, appropriations made to the Department of the Interior in this title 1 1 Provided ( Pub. L. 103332, title I,  115 Sept. 30, 1994 108 Stat. 2519 Pub. L. 10583, title I,  116 Nov. 14, 1997 111 Stat. 1563  Editorial Notes  References in Text This title, referred to in text, is title I of Pub. L. 103332 Sept. 30, 1994 108 Stat. 2499 Codification Sections 1535 and 1536 of title 31 was substituted in text for the Economy Act on authority of Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 Amendments 1997 Pub. L. 10583  1471g. Availability of appropriations to support Memorial Day and Fourth of July ceremonies and activities in National Capital Region  During the current fiscal year and on and after September 30, 1996 ( Pub. L. 104208, div. A, title I,  101(b) [title II] Sept. 30, 1996 110 Stat. 300971  Editorial Notes  References in Text This paragraph, referred to in text, contained additional provisions providing appropriations for expenses, not otherwise provided for, necessary for the operation and maintenance of the Army which are not classified to the Code.  1471h. Availability of appropriations for uniforms or allowances  Appropriations available to the Department of the Interior for salaries and expenses shall on and after December 8, 2004 5 U.S.C. 5901590 ( Pub. L. 108447, div. E, title I,  105 Dec. 8, 2004 118 Stat. 3063  Statutory Notes and Related Subsidiaries Prior Similar Provisions Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 108108, title I,  105 Nov. 10, 2003 117 Stat. 1266 Pub. L. 1087, div. F, title I,  105 Feb. 20, 2003 117 Stat. 238 Pub. L. 10763, title I,  105 Nov. 5, 2001 115 Stat. 437 Pub. L. 106291, title I,  105 Oct. 11, 2000 114 Stat. 942 Pub. L. 106113, div. B,  1000(a)(3) [title I,  105] Nov. 29, 1999 113 Stat. 1535 Pub. L. 105277, div. A,  101(e) [title I,  105] Oct. 21, 1998 112 Stat. 2681231 Pub. L. 10583, title I,  105 Nov. 14, 1997 111 Stat. 1561 Pub. L. 104208, div. A, title I,  101(d) [title I,  105] Sept. 30, 1996 110 Stat. 3009181 Pub. L. 104134, title I,  101(c) [title I,  105] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 103332, title I,  105 Sept. 30, 1994 108 Stat. 2518 Pub. L. 103138, title I,  105 Nov. 11, 1993 107 Stat. 1398 Pub. L. 102381, title I,  105 Oct. 5, 1992 106 Stat. 1396 Pub. L. 102154, title I,  105 Nov. 13, 1991 105 Stat. 1011 Pub. L. 101512, title I,  105 Nov. 5, 1990 104 Stat. 1935 Pub. L. 101121, title I,  105 Oct. 23, 1989 103 Stat. 720 Pub. L. 100446, title I,  105 Sept. 27, 1988 102 Stat. 1800 Pub. L. 100202,  101(g) [title I,  105] Dec. 22, 1987 101 Stat. 1329213 Pub. L. 99500,  101(h) [title I,  105] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title I,  105] Oct. 30, 1986 100 Stat. 3341242 Pub. L. 99190,  101(d) [title I,  105] Dec. 19, 1985 99 Stat. 1224 Pub. L. 98473, title I,  101(c) [title I,  105] Oct. 12, 1984 98 Stat. 1837 Pub. L. 98146, title I,  105 Nov. 4, 1983 97 Stat. 934 Pub. L. 97394, title I,  105 Dec. 30, 1982 96 Stat. 1981 Pub. L. 97100, title I,  105 Dec. 23, 1981 95 Stat. 1404 Pub. L. 96514, title I,  105 Dec. 12, 1980 94 Stat. 2971 Pub. L. 96126, title I,  105 Nov. 27, 1979 93 Stat. 967 Pub. L. 95465, title I,  105 Oct. 17, 1978 92 Stat. 1291 Pub. L. 9574, title I,  105 July 26, 1977 91 Stat. 297 Pub. L. 94373, title I,  105 July 31, 1976 90 Stat. 1054 Pub. L. 94165, title I,  105 Dec. 23, 1975 89 Stat. 990 Pub. L. 93404, title I,  105 Aug. 31, 1974 88 Stat. 814 Pub. L. 93120, title I,  105 Oct. 4, 1973 87 Stat. 440 Pub. L. 92369, title I,  105 Aug. 10, 1972 86 Stat. 518 Pub. L. 9276, title I,  105 Aug. 10, 1971 85 Stat. 239 Pub. L. 91361, title I,  105 July 31, 1970 84 Stat. 681 Pub. L. 9198, title I,  105 Oct. 29, 1969 83 Stat. 159 Pub. L. 90425, title I,  105 July 26, 1968 82 Stat. 438 Pub. L. 9028, title I,  105 June 24, 1967 81 Stat. 70 Pub. L. 89435, title I,  105 May 31, 1966 80 Stat. 182 Pub. L. 8952, title I,  105 June 28, 1965 79 Stat. 186 Pub. L. 88356, title I,  105 July 7, 1964 78 Stat. 285 Pub. L. 8879, title I,  105 July 26, 1963 77 Stat. 108 Pub. L. 87578, title I,  105 Aug. 9, 1962 76 Stat. 346 Pub. L. 87122, title I,  105 Aug. 3, 1961 75 Stat. 257 Pub. L. 86455, title I,  105 May 13, 1960 74 Stat. 114 Pub. L. 8660, title I,  105 June 23, 1959 73 Stat. 103 Pub. L. 85439, title I,  105 June 4, 1958 72 Stat. 165 Pub. L. 8577, title I,  105 July 1, 1957 71 Stat. 267 June 13, 1956, ch. 380 70 Stat. 267  1471i. Availability of appropriations for services or rentals  Annual appropriations made to the Department of the Interior shall on and after December 8, 2004 ( Pub. L. 108447, div. E, title I,  106 Dec. 8, 2004 118 Stat. 3063  Statutory Notes and Related Subsidiaries Prior Similar Provisions Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 108108, title I,  106 Nov. 10, 2003 117 Stat. 1266 Pub. L. 1087, div. F, title I,  106 Feb. 20, 2003 117 Stat. 238 Pub. L. 10763, title I,  106 Nov. 5, 2001 115 Stat. 437 Pub. L. 106291, title I,  106 Oct. 11, 2000 114 Stat. 942 Pub. L. 106113, div. B,  1000(a)(3) [title I,  106] Nov. 29, 1999 113 Stat. 1535 Pub. L. 105277, div. A,  101(e) [title I,  106] Oct. 21, 1998 112 Stat. 2681231 Pub. L. 10583, title I,  106 Nov. 14, 1997 111 Stat. 1561 Pub. L. 104208, div. A, title I,  101(d) [title I,  106] Sept. 30, 1996 110 Stat. 3009181 Pub. L. 104134, title I,  101(c) [title I,  106] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 103332, title I,  106 Sept. 30, 1994 108 Stat. 2518 Pub. L. 103138, title I,  106 Nov. 11, 1993 107 Stat. 1398 Pub. L. 102381, title I,  106 Oct. 5, 1992 106 Stat. 1396 Pub. L. 102154, title I,  106 Nov. 13, 1991 105 Stat. 1011 Pub. L. 101512, title I,  106 Nov. 5, 1990 104 Stat. 1936 Pub. L. 101121, title I,  106 Oct. 23, 1989 103 Stat. 720 Pub. L. 100446, title I,  106 Sept. 27, 1988 102 Stat. 1800 Pub. L. 100202,  101(g) [title I,  106] Dec. 22, 1987 101 Stat. 1329213 Pub. L. 99500,  101(h) [title I,  106] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title I,  106] Oct. 30, 1986 100 Stat. 3341242 Pub. L. 99190,  101(d) [title I,  106] Dec. 19, 1985 99 Stat. 1224 Pub. L. 98473, title I,  101(c) [title I,  106] Oct. 12, 1984 98 Stat. 1837 Pub. L. 98146, title I,  106 Nov. 4, 1983 97 Stat. 934 Pub. L. 97394, title I,  106 Dec. 30, 1982 96 Stat. 1982 Pub. L. 97100, title I,  106 Dec. 23, 1981 95 Stat. 1404 Pub. L. 96514, title I,  106 Dec. 12, 1980 94 Stat. 2971 Pub. L. 96126, title I,  107 Nov. 27, 1979 93 Stat. 967 Pub. L. 95465, title I,  107 Oct. 17, 1978 92 Stat. 1291 Pub. L. 9574, title I,  107 July 26, 1977 91 Stat. 297 Pub. L. 94373, title I,  107 July 31, 1976 90 Stat. 1054 Pub. L. 94165, title I,  107 Dec. 23, 1975 89 Stat. 990  1472. Bureau of Reclamation working capital fund (a) Establishment; management of support activities of Bureau Within 30 days after November 1, 1985 (b) Fund credits; transfers to fund The fund shall be credited with appropriations made for the purpose of providing or increasing capital. There are authorized to be transferred to the fund (at fair and reasonable values at the time of transfer) the inventories, equipment, receivables, and other assets, less the liabilities, related to the functions to be financed by the fund as determined by the Secretary of the Interior. (c) Use of funds to provide materials, supplies, equipment, work, and services The fund shall be credited with appropriations and other funds of the Bureau, and other agencies of the Department of the Interior, other Federal agencies, and other sources, for providing materials, supplies, equipment, work, and services as authorized by law. Such payments may be made in advance or upon performance. (d) Charges to users Charges to users will be at rates approximately equal to the costs of furnishing the materials, supplies, equipment, facilities, and services (including such items as depreciation of equipment and accrued annual leave). (e) Authorization of appropriations There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this section. (f) Unnecessary funds covered into miscellaneous receipts of Treasury Funds that are not necessary to carry out the activities to be financed by the fund, as determined by the Secretary, shall be covered into miscellaneous receipts of the Treasury. ( Pub. L. 99141, title II,  205 Nov. 1, 1985 99 Stat. 571  1473. Acceptance of contributions from private and public sources by Mineral Management Service  In fiscal year 1987 and thereafter, the Minerals Management Service is authorized to accept land, buildings, equipment and other contributions, from public and private sources, which shall be available for the purposes provided for in this account, including, in fiscal years 2010 through 2013, contributions of money and services to conduct work in support of the orderly exploration and development of Outer Continental Shelf resources, including but not limited to, preparation of environmental documents such as impact statements and assessments, studies, and related research. ( Pub. L. 99500,  101(h) [title I,  100] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title I,  100] Oct. 30, 1986 100 Stat. 3341242 Pub. L. 110161, div. F, title I,  121 Dec. 26, 2007 121 Stat. 2121 Pub. L. 1118, div. E, title I,  111 Mar. 11, 2009 123 Stat. 723 Pub. L. 11188, div. A, title I,  111 Oct. 30, 2009 123 Stat. 2928  Editorial Notes Codification Pub. L. 99591 Pub. L. 99500 Amendments 2009 Pub. L. 11188 43 U.S.C. 1473 Pub. L. 99591 Pub. L. 1118 43 U.S.C. 1473 Pub. L. 99591 2007 Pub. L. 110161 43 U.S.C. 1473 Pub. L. 99591 Executive Documents  Transfer of Functions The Minerals Management Service was abolished and functions divided among the Office of Natural Resources Revenue, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010 June 18, 2010  1473a. Acceptance of contributions by Secretary; cooperation with prosecution of projects  The Secretary is authorized to accept lands, buildings, equipment, other contributions and, before, on, and after November 13, 1991 ( Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1002  Editorial Notes Codification Text of section is based on language in appropriations act related to the Bureau of Mines. In text, before, on, and after November 13, 1991 Statutory Notes and Related Subsidiaries Similar Provisions Provisions similar to those in this section were contained in the following appropriation acts: Pub. L. 104134, title I,  101(c) [title I] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 103332, title I Sept. 30, 1994 108 Stat. 2509 Pub. L. 103138, title I Nov. 11, 1993 107 Stat. 1389 Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1386 Pub. L. 101512, title I Nov. 5, 1990 104 Stat. 1927  1473b. Awards for contributions to Department of the Interior programs  Notwithstanding any other provision of law, in fiscal year 1992 and thereafter, any appropriations or funds available to the Department of the Interior in this Act may be used to provide nonmonetary awards of nominal value to private individuals and organizations that make contributions to Department of the Interior programs. ( Pub. L. 102154, title I,  115 Nov. 13, 1991 105 Stat. 1012  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 102154 Nov. 13, 1991 105 Stat. 990 Statutory Notes and Related Subsidiaries Prior Similar Provisions Provisions similar to those in this section were contained in the following prior appropriation act: Pub. L. 101512, title I,  117 Nov. 5, 1990 104 Stat. 1937  1473c. Payment of costs incidental to services contributed by volunteers  Appropriations under this title 1 1 ( Pub. L. 102154, title I,  116 Nov. 13, 1991 105 Stat. 1012  Editorial Notes  References in Text This title, referred to in text, is title I of Pub. L. 102154 Nov. 13, 1991 105 Stat. 990 Statutory Notes and Related Subsidiaries Prior Similar Provisions Provisions similar to those in this section were contained in the following prior appropriation act: Pub. L. 101512, title I,  118 Nov. 5, 1990 104 Stat. 1937  1473d. Insurance costs covering vehicles, aircraft, and boats operated by Department of the Interior in Canada and Mexico  Notwithstanding any other provisions of law, in fiscal year 1992 and thereafter, appropriations in this title 1 1 ( Pub. L. 102154, title I,  107 Nov. 13, 1991 105 Stat. 1012  Editorial Notes  References in Text This title, referred to in text, is title I of Pub. L. 102154 Nov. 13, 1991 105 Stat. 990 Statutory Notes and Related Subsidiaries Prior Similar Provisions Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 101512, title I,  108 Nov. 5, 1990 104 Stat. 1936 Pub. L. 101121, title I,  108 Oct. 23, 1989 103 Stat. 720 Pub. L. 100446, title I,  108 Sept. 27, 1988 102 Stat. 1801 Pub. L. 100202,  101(g) [title I,  109] Dec. 22, 1987 101 Stat. 1329213 Pub. L. 99500,  101(h) [title I,  109] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title I,  109] Oct. 30, 1986 100 Stat. 3341242 Pub. L. 99190,  101(d) [title I,  109] Dec. 19, 1985 99 Stat. 1224 Pub. L. 98473, title I,  101(c) [title I,  110] Oct. 12, 1984 98 Stat. 1837 Pub. L. 98146, title I,  111 Nov. 4, 1983 97 Stat. 937  1473e. Acceptance of donations and bequests for Natural Resources Library  In fiscal year 1999 and thereafter, the Secretary may accept donations and bequests of money, services, or other personal property for the management and enhancement of the Departments Natural Resources Library. The Secretary may hold, use, and administer such donations until expended and without further appropriation. ( Pub. L. 105277, div. A,  101(e) [title I,  113] Oct. 21, 1998 112 Stat. 2681231  1474. Availability of receipts from administrative fees for program operations in Mining Law Administration  In fiscal year 1989 all but $742,000 of receipts, and thereafter all receipts from fees established by the Secretary of the Interior for processing of actions relating to the administration of the General Mining Laws shall be available for program operations in Mining Law Administration by the Bureau of Land Management to supplement funds otherwise available, to remain available until expended. ( Pub. L. 100446, title I Sept. 27, 1988 102 Stat. 1774  1474a. Emergency Department of the Interior Firefighting Fund; amounts considered emergency requirements  On and after November 13, 1991 1 1 November 13, 1991 ( Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 991  Editorial Notes  References in Text Section 901 of title 2 Pub. L. 10533, title X,  10203(a)(4) Aug. 5, 1997 111 Stat. 699 Pub. L. 11225, title I,  101 Aug. 2, 2011 125 Stat. 241 section 901(b)(2)(D) of title 2  1474b. Natural Resource Damage Assessment and Restoration Fund; availability of assessments  Notwithstanding any other provision of law, in fiscal year 1991 and thereafter, sums provided by any party, including sums provided in advance or as a reimbursement for natural resource damage assessments, may be credited to this appropriation and shall remain available until expended. ( Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 994  Editorial Notes  References in Text This appropriation, referred to in text, probably means appropriations under the heading  natural resource damage assessment and restoration fund Statutory Notes and Related Subsidiaries Investment of Exxon Valdez Oil Spill Court Recovery in High Yield Investments and in Marine Research Pub. L. 106113, div. B,  1000(a)(3) [title III,  350] Nov. 29, 1999 113 Stat. 1535  (1) Notwithstanding any other provision of law and subject to the provisions of paragraphs (5) and (7), upon the joint motion of the United States and the State of Alaska and the issuance of an appropriate order by the United States District Court for the District of Alaska, the joint trust funds, or any portion thereof, including any interest accrued thereon, previously received or to be received by the United States and the State of Alaska pursuant to the Agreement and Consent Decree issued in United States v. Exxon Corporation, et al. (No. A91082 CIV) and State of Alaska v. Exxon Corporation, et al. (No. A91083 CIV) (hereafter referred to as the Consent Decree), may be deposited in (A) the Natural Resource Damage Assessment and Restoration Fund (hereafter referred to as the Fund) established in title I of the Department of the Interior and Related Agencies Appropriations Act, 1992 ( Public Law 102154 43 U.S.C. 1474b (B) accounts outside the United States Treasury (hereafter referred to as outside accounts); or (C) both. Any funds deposited in an outside account may be invested only in income-producing obligations and other instruments or securities that have been determined unanimously by the Federal and State natural resource trustees for the Exxon Valdez oil spill (trustees) to have a high degree of reliability and security. (2) Joint trust funds deposited in the Fund or an outside account that have been approved unanimously by the Trustees for expenditure by or through a State or Federal agency shall be transferred promptly from the Fund or the outside account to the State of Alaska or United States upon the joint request of the governments. (3) The transfer of joint trust funds outside the Court Registry shall not affect the supervisory jurisdiction of the district court under the Consent Decree or the Memorandum of Agreement and Consent Decree in United States v. State of Alaska (No. A91081CIV) over all expenditures of the joint trust funds. (4) Nothing herein shall affect the requirement of section 207 of the dire emergency supplemental appropriations and transfers for relief from the effects of natural disasters, for other urgent needs, and for the incremental cost of Operation Desert Shield/Desert Storm Act of 1992 ( Public Law 102229 42 U.S.C. 1474b 43 U.S.C. 1474b (5) All remaining settlement funds are eligible for the investment authority granted under this section so long as they are managed and allocated consistent with the Resolution of the Trustees adopted March 1, 1999 (A) $55 million of the funds remaining on October 1, 2002 (i) the amount of any payments made after the date of enactment of this Act [ Nov. 29, 1999 (ii) payments in excess of $6.32 million for any habitat acquisition or protection from the joint trust funds after the date of enactment of this Act and prior to October 1, 2002 (B) All other funds remaining on October 1, 2002 (i) marine research, including applied fisheries research; (ii) monitoring; and (iii) restoration, other than habitat acquisition, which may include community and economic restoration projects and facilities (including projects proposed by the communities of the EVOS Region or the fishing industry), consistent with the Consent Decree. (6) The Federal trustees and the State trustees, to the extent authorized by State law, are authorized to issue grants as needed to implement this program. (7) The authority provided in this section shall expire on September 30, 2002 September 30, 2001 Deposit of Funds From Settlement of Litigation Pub. L. 102229, title II,  207 Dec. 12, 1991 105 Stat. 1715 Notwithstanding any other provision of law, amounts received by the United States for restitution and future restoration (including replacement or acquisition of equivalent natural resources) in settlement of United States v. Exxon Corporation and Exxon Shipping Company (Case No. A900151CR and 2CR), hereinafter the Plea Agreement, United States v. Exxon Corporation et al. (Civil No. A91082 CIV) and State of Alaska v. Exxon Corporation et al. (Civil No. A91083 CIV), hereinafter referred to together as the Agreement and Consent Decree, as approved by the United States District Court for the District of Alaska on October 8, 1991 Public Law 102154 105 Stat. 994 Provided Provided further 33 U.S.C. 1321(f)(5) Provided further Provided further Provided further Provided further  1474b1. Transfer of funds from Natural Resource Damage Assessment and Restoration Fund  Notwithstanding any other provision of law, any amounts appropriated or credited in fiscal year 1992 and thereafter, may be transferred to any account, including transfers to Federal trustees and payments to non-Federal trustees, to carry out the provisions of negotiated legal settlements or other legal actions for restoration activities and to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended ( 42 U.S.C. 9601 33 U.S.C. 1251 Public Law 101380 33 U.S.C. 2701 Provided further ( Pub. L. 103138, title I Nov. 11, 1993 107 Stat. 1383 Pub. L. 104134, title I,  101(c) [title I] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 10583, title I Nov. 14, 1997 111 Stat. 1547 Pub. L. 113287,  5 l Dec. 19, 2014 128 Stat. 3271  Editorial Notes  References in Text The Comprehensive Environmental Response, Compensation, and Liability Act, referred to in text, probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. 96510 Dec. 11, 1980 94 Stat. 2767 section 9601 of Title 42 The Federal Water Pollution Control Act, referred to in text, is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of Title 33 The Oil Pollution Act of 1990, referred to in text, is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of Title 33 Codification Provisions of this section preceding the proviso are from title I of Pub. L. 103138 Pub. L. 104134 Amendments 2014 Pub. L. 113287 July 27, 1990 Public Law 101337 1997 Pub. L. 10583 Statutory Notes and Related Subsidiaries Prior Similar Provisions Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 103332, title I Sept. 30, 1994 108 Stat. 2503 Pub. L. 103138, title I Nov. 11, 1993 107 Stat. 1383  1474c. North American Wetlands Conservation Fund; availability of fines or forfeitures  In fiscal year 1992 and thereafter, amounts received during the immediately preceding fiscal year under section 707 of title 16 ( Pub. L. 103138, title I Nov. 11, 1993 107 Stat. 1384  Statutory Notes and Related Subsidiaries Prior Similar Provisions Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1381 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 995  1474d. Environmental Improvement and Restoration Fund (a) Fund One half of the amounts awarded by the Supreme Court to the United States in the case of United States of America v. State of Alaska (117 S.Ct. 1888) shall be deposited in a fund in the Treasury of the United States to be known as the Environmental Improvement and Restoration Fund (referred to in this section as the Fund). (b) Investments (1) In general The Secretary of the Treasury shall invest amounts in the Fund in interest bearing obligations of the United States. (2) Acquisition of obligations For the purpose of investments under paragraph (1), obligations may be acquired (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations Any obligations acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to Fund The interest earned from investments of the Fund shall be covered into and form a part of the Fund. (c) Transfer and availability of amounts earned Each year, interest earned and covered into the Fund in the previous fiscal year shall be made available as follows: (1) To the extent provided in the subsequent appropriations Acts, 80 percent of such amounts shall be made available to be equally divided among the Directors of the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Chief of the Forest Service for high priority deferred maintenance and modernization of facilities that directly enhance the experience of visitors, including natural, cultural, recreational, and historic resources protection projects in National Parks, National Wildlife Refuges, and the public lands respectively as provided in subsection (d) and for payment to the State of Louisiana and its lessees for oil and gas drainage in the West Delta field. The Secretary shall submit with the annual budget submission to Congress a list of high priority maintenance and modernization projects for congressional consideration. (2) 20 percent of such amounts shall be made available without further appropriation to the Secretary of Commerce for the purpose of carrying out marine research activities in the North Pacific in accordance with subsection (e). (d) Projects A project referred to in subsection (c)(1) shall be consistent with the laws governing the National Park System, the National Wildlife Refuge System, the public lands and Forest Service lands and management plan for such unit. (e) Marine research activities (1) Funds available under subsection (c)(2) shall be used by the Secretary of Commerce according to this subsection to provide grants to Federal, State, private or foreign organizations or individuals to conduct research activities on or relating to the fisheries or marine ecosystems in the north Pacific Ocean, Bering Sea, and Arctic Ocean (including any lesser related bodies of water). (2) Research priorities and grant requests shall be reviewed by a board to be known as the North Pacific Research Board (referred to in this subsection as the Board). The Board shall seek to avoid duplicating other research activities, and shall place a priority on cooperative research efforts designed to address pressing fishery management or marine ecosystem information needs. (3) The Board shall be comprised of the following representatives or their designees (A) the Secretary of Commerce; (B) the Secretary of State; (C) the Secretary of the Interior; (D) the Commandant of the Coast Guard; (E) the Director of the Office of Naval Research; (F) the Alaska Commissioner of Fish and Game; (G) the Chairman of the North Pacific Fishery Management Council; (H) the Chairman of the Arctic Research Commission; (I) the Director of the Oil Spill Recovery Institute; (J) the Director of the Alaska SeaLife Center; (K) five members nominated by the Governor of Alaska and appointed by the Secretary of Commerce, one of whom shall represent fishing interests, one of whom shall represent Alaska Natives, one of whom shall represent environmental interests, one of whom shall represent academia, and one of whom shall represent oil and gas interests; (L) three members nominated by the Governor of Washington and appointed by the Secretary of Commerce; and 1 1 (M) one member nominated by the Governor of Oregon and appointed by the Secretary of Commerce. 2 2 (N) one member who shall represent fishing interests and shall be nominated by the Board and appointed by the Secretary. The members of the Board shall be individuals knowledgeable by education, training, or experience regarding fisheries or marine ecosystems in the north Pacific Ocean, Bering Sea, or Arctic Ocean. Three nominations shall be submitted for each member to be appointed under subparagraphs (K), (L), and (M). Board members appointed under subparagraphs (K), (L), and (M) shall serve for three-year terms, and may be reappointed. (4) (A) The Secretary of Commerce shall review grants recommended by the Board. If the Secretary does not approve a grant recommended by the Board, the Secretary shall explain in writing the reasons for not approving such grant, and the amount recommended to be used for such grant shall be available only for other grants recommended by the Board. (B) The Board shall establish written criteria for the submission of grant requests through a competitive process and for deciding upon the award of grants. Grants shall be recommended by the Board on the basis of merit in accordance with the priorities established by the Board. The Secretary shall provide the Board such administrative and technical support as is necessary for the effective functioning of the Board. The Board shall be considered an advisory panel established under section 1852(g) of title 16 section 1852(i)(1) of title 16 section 1852(i) of title 16 (5) All decisions of the Board, including grant recommendations, shall be by majority vote of the members listed in paragraphs (3)(A), (3)(F), (3)(G), (3)(J), and (3)(N), in consultation with the other members. The five voting members may act on behalf of the Board in all matters of administration, including the disposition of research funds not made available by this section, at any time on or after October 1, 2000 ( Pub. L. 10583, title IV,  401 Nov. 14, 1997 111 Stat. 1607 Pub. L. 105277, div. A,  101(e) [title III,  331] Oct. 21, 1998 112 Stat. 2681231 Pub. L. 106113, div. B,  1000(a)(3) [title III,  352(a)] Nov. 29, 1999 113 Stat. 1535 Pub. L. 106554,  1(a)(4) [div. B, title I,  144(c)(2)] Dec. 21, 2000 114 Stat. 2763 Pub. L. 1087, div. F, title III,  334 Feb. 20, 2003 117 Stat. 277  Editorial Notes Amendments 2003Subsec. (e)(4)(B). Pub. L. 1087 2000Subsec. (e)(2). Pub. L. 106554,  1(a)(4) [div. B, title I,  144(c)(2)(A)] Subsec. (e)(3)(A). Pub. L. 106554,  1(a)(4) [div. B, title I,  144(c)(2)(B)] Subsec. (e)(3)(F). Pub. L. 106554,  1(a)(4) [div. B, title I,  144(c)(2)(C)] Subsec. (e)(3)(N). Pub. L. 106554,  1(a)(4) [div. B, title I,  144(c)(2)(G)] Subsec. (e)(4)(A). Pub. L. 106554,  1(a)(4) [div. B, title I,  144(c)(2)(D)] Subsec. (e)(4)(B). Pub. L. 106554,  1(a)(4) [div. B, title I,  144(c)(2)(E)] Subsec. (e)(5). Pub. L. 106554,  1(a)(4) [div. B, title I,  144(c)(2)(F)] 1999Subsec. (c). Pub. L. 106113,  1000(a)(3) [title III,  352(a)(1)] Subsec. (f). Pub. L. 106113,  1000(a)(3) [title III,  352(a)(2)] December 15, 1999 1998Subsec. (f). Pub. L. 105277 Statutory Notes and Related Subsidiaries  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6  1474e. Sums received by the Bureau of Land Management for the sale of seeds  Notwithstanding section 3302(b) of title 31 December 8, 2004 ( Pub. L. 108447, div. E, title I,  118 Dec. 8, 2004 118 Stat. 3065  Statutory Notes and Related Subsidiaries Prior Similar Provisions Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 108108, title I,  119 Nov. 10, 2003 117 Stat. 1268 Pub. L. 1087, div. F, title I,  121 Feb. 20, 2003 117 Stat. 241 Pub. L. 10763, title I,  124 Nov. 5, 2001 115 Stat. 440 Pub. L. 106291, title I,  142 Oct. 11, 2000 114 Stat. 949  1474f. Sums received by the Bureau of Land Management from vendors under enterprise information technology-procurements  Sums not to exceed 1 percent of the total value of procurements received by the Bureau of Land Management from vendors under enterprise information technology-procurements that the Department of the Interior and other Federal Government agencies may use to order information technology on and after March 11, 2009 ( Pub. L. 1118, div. E, title I Mar. 11, 2009 123 Stat. 704  Statutory Notes and Related Subsidiaries Prior Similar Provisions Provisions similar to those in this section were contained in the following prior appropriation act: Pub. L. 110161, div. F, title I Dec. 26, 2007 121 Stat. 2101  1475. Bureau of Reclamation acceptance of services of volunteers  The Bureau of Reclamation may on and after September 29, 1989 ( Pub. L. 101101, title II Sept. 29, 1989 103 Stat. 656  1475a. Participation of non-Federal entities in contract negotiations and source selection proceedings  On and after October 2, 1992 Provided 18 U.S.C. 201 ( Pub. L. 102377, title II,  205 Oct. 2, 1992 106 Stat. 1332 Pub. L. 117286,  4(a)(283) Dec. 27, 2022 136 Stat. 4337  Editorial Notes Codification In text, chapter 21 of title 41 substituted for the Federal Procurement Integrity Act ( 41 U.S.C. 423 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854 Amendments 2022 Pub. L. 117286  1475b. Volunteer authority (a) In general The Secretary of the Interior may recruit, train, and accept, without regard to the civil service classification laws, rules, or regulations, the services of individuals, contributed without compensation as volunteers, for aiding in or facilitating the activities administered by the Secretary through the Bureau of Indian Affairs, the United States Geological Survey, the Bureau of Reclamation, and the Office of the Secretary. (b) Restrictions on activities of volunteers (1) In general In accepting such services of individuals as volunteers, the Secretary shall not permit the use of volunteers in law enforcement work, in regulatory and enforcement work, in policymaking processes, or to displace any employee. (2) Private property No volunteer services authorized by this Act may be conducted on private property unless the officer or employee charged with supervising the volunteer obtains appropriate consent to enter the property from the property owner. (3) Hazardous duty The Secretary may accept the services of individuals in hazardous duty only upon a determination by the Secretary that such individuals are skilled in performing hazardous duty activities. (4) Supervision The Secretary shall ensure that an appropriate officer or employee of the United States provides adequate and appropriate supervision of each volunteer whose services the Secretary accepts. (c) Provision of services and costs The Secretary may provide for services and costs incidental to the utilization of volunteers, including transportation, supplies, uniforms, lodging, subsistence (without regard to place of residence), recruiting, training, supervision, and awards and recognition (including nominal cash awards). (d) Federal employment status of volunteers (1) Except as otherwise provided in this subsection, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those provisions relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (2) Volunteers shall be deemed employees of the United States for the purposes of (A) the tort claims provisions of title 28; (B) subchapter I of chapter 81 of title 5; and (C) claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case the provisions of section 3721 of title 31 (3) Volunteers under this Act shall be subject to chapter 11 of title 18, unless the Secretary, with the concurrence of the Director of the Office of Government Ethics, determines in writing published in the Federal Register that the provisions of that chapter, except section 201, shall not apply to the actions of a class or classes of volunteers who carry out only those duties or functions specified in the determination. ( Pub. L. 109125,  3 Dec. 7, 2005 119 Stat. 2544  Editorial Notes  References in Text This Act, referred to in subsecs. (b)(2) and (d)(3), is Pub. L. 109125 Dec. 7, 2005 119 Stat. 2544 section 1451 of this title section 1451 of this title Statutory Notes and Related Subsidiaries Purpose Pub. L. 109125,  2 Dec. 7, 2005 119 Stat. 2544 The purpose of this Act [enacting this section and provisions set out as a note under section 1451 of this title  1476. Elimination of oaths for written statements; discretion of Secretary of the Interior  Written statement in public land matters within the jurisdiction of the Department of the Interior, heretofore required by law to be made under oath, need no longer be made under oath unless the Secretary of the Interior shall, in his discretion, so require. ( June 3, 1948, ch. 392,  1 62 Stat. 301  Editorial Notes Codification Section was formerly classified to section 1211 of this title  1476a. Unsworn written statements subject to penalties of presenting false claims  Unsworn written statements made in public land matters within the jurisdiction of the Department of the Interior shall remain subject to section 1001 of title 18 ( June 3, 1948, ch. 392,  2 62 Stat. 301  Editorial Notes Codification Section was formerly classified to section 1212 of this title  Section 1001 of title 18 35 Stat. 1095 act June 25, 1948, ch. 645 62 Stat. 683 Statutory Notes and Related Subsidiaries Exemption of Department of the Interior From Restrictions on Notary Public Act June 3, 1948, ch. 392,  3 62 Stat. 301 That part of section 558 of the Act of March 3, 1901 31 Stat. 1279 December 15, 1944 58 Stat. 810 And provided further  1477. Snow water supply forecasting (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 (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 (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 (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. 116260, 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. 116260 Dec. 27, 2020 134 Stat. 3249  Definitions For definition of Secretary as used in this section, see section 1115 of div. FF of Pub. L. 116260 section 2330c of Title 33 CHAPTER 32 COLORADO RIVER BASIN PROJECT    SUBCHAPTER IOBJECTIVES  Sec.  1501. Congressional declaration of purpose and policy.  SUBCHAPTER IIINVESTIGATIONS AND PLANNING  1511. Reconnaissance investigations by Secretary of the Interior; reports; 10-year moratorium on water importation studies.  1511a. Cooperation and participation by Secretary of the Army with Federal, State, and local agencies.  1512. Mexican Water Treaty.  1513. Importation of water; protection of exporting areas.  1514. Authorization of appropriations.  SUBCHAPTER IIIAUTHORIZED UNITS; PROTECTION OF EXISTING USES  1521. Central Arizona Project.  1522. Orme Dam and Reservoir.  1523. Power requirements of Central Arizona Project and augmentation of Lower Colorado River Basin Development Fund.  1524. Water furnished from Central Arizona Project.  1525. Cost of main stream water of Colorado River.  1526. Water salvage programs.  1527. Fish and wildlife conservation and development.  1528. Authorization of appropriations.  SUBCHAPTER IVLOWER COLORADO RIVER BASIN DEVELOPMENT FUND  1541. Allocation of costs; repayment.  1542. Repayment capability of Indian lands.  1543. Lower Colorado River Basin Development Fund.  1544. Annual report to Congress.  SUBCHAPTER VGENERAL PROVISIONS  1551. Construction of Colorado River Basin Act.  1552. Criteria for long-range operation of reservoirs.  1553. Upper Colorado River Basin; rights to consumptive uses not to be reduced or prejudiced; duties and powers of Commission not impaired.  1554. Federal reclamation laws.  1555. Federal Power Act inapplicable to Colorado River between Hoover Dam and Glen Canyon Dam.  1556. Definitions. SUBCHAPTER I OBJECTIVES  1501. Congressional declaration of purpose and policy (a) It is the object of this chapter to provide a program for the further comprehensive development of the water resources of the Colorado River Basin and for the provision of additional and adequate water supplies for use in the upper as well as in the lower Colorado River Basin. This program is declared to be for the purposes, among others, of regulating the flow of the Colorado River; controlling floods; improving navigation; providing for the storage and delivery of the waters of the Colorado River for reclamation of lands, including supplemental water supplies, and for municipal, industrial, and other beneficial purposes; improving water quality; providing for basic public outdoor recreation facilities; improving conditions for fish and wildlife, and the generation and sale of electrical power as an incident of the foregoing purposes. (b) It is the policy of the Congress that the Secretary of the Interior (hereinafter referred to the Secretary) shall continue to develop, after consultation with affected States and appropriate Federal agencies, a regional water plan, consistent with the provisions of this chapter and with future authorizations, to serve as the framework under which projects in the Colorado River Basin may be coordinated and constructed with proper timing to the end that an adequate supply of water may be made available for such projects, whether heretofore, herein, or hereafter authorized. ( Pub. L. 90537, title I,  102 Sept. 30, 1968 82 Stat. 886  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 90537 Sept. 30, 1968 82 Stat. 885 Statutory Notes and Related Subsidiaries Effective Date of Repeal on Failure of Enforceability Date Pub. L. 108451, title I,  111 Dec. 10, 2004 118 Stat. 3499  (a)  In General Except as provided in subsection (b), if the Secretary [of the Interior] does not publish a statement of findings under section 207(c) [ 118 Stat. 3519 December 31, 2007 Dec. 14, 2007 (1) this title [see Short Title of 2004 Amendment note below] is repealed effective January 1, 2008 (2) any amounts appropriated under section 110 [ 118 Stat. 3498 (b)  Exception No subcontract amendment executed by the Secretary under the notice of June 18, 2003 Pub. L. 108451, title II,  215 Dec. 10, 2004 118 Stat. 3535  If the Secretary [of the Interior] does not publish a statement of findings under section 207(c) [ 118 Stat. 3519 December 31, 2007 Dec. 14, 2007 (1) except for section 213(i) [ 118 Stat. 3532 January 1, 2008 (2) any amounts appropriated under paragraphs (1) through (7) of section 214(a) [ 118 Stat. 3534 (3) any amounts made available under section 214(b) [ 118 Stat. 3535 (4) any amounts paid by the Salt River Project in accordance with the Gila River agreement shall immediately be returned to the Salt River Project. Short Title of 2004 Amendment Pub. L. 108451,  1(a) Dec. 10, 2004 118 Stat. 3478 This Act [amending sections 1524 and 1543 of this title and enacting and repealing provisions set out as notes under this section and section 1543 of this title Pub. L. 108451, title I,  101 Dec. 10, 2004 118 Stat. 3486 This title [amending section 1543 of this title section 1543 of this title Pub. L. 108451, title II,  201 Dec. 10, 2004 118 Stat. 3499 This title [amending section 1524 of this title Short Title Pub. L. 90537, title I,  101 Sept. 30, 1968 82 Stat. 885 That this Act [enacting this chapter and sections 616aa1, 620a1, 620a2, 620c1, and 620d1 of this title, amending sections 616hh, 620, and 620a of this title, and enacting provisions set out as notes under sections 620, 620k, and 1501 of this title] may be cited as the Colorado River Basin Project Act. SUBCHAPTER II INVESTIGATIONS AND PLANNING  1511. Reconnaissance investigations by Secretary of the Interior; reports; 10-year moratorium on water importation studies  Pursuant to the authority set out in the Reclamation Act of June 17, 1902 32 Stat. 388 July 22, 1965 79 Stat. 244 42 U.S.C. 1962 June 30, 1971 June 30, 1977 Provided November 2, 1978 ( Pub. L. 90537, title II,  201 Sept. 30, 1968 82 Stat. 886 Pub. L. 95578,  10 Nov. 2, 1978 92 Stat. 2472 Pub. L. 96375,  10 Oct. 3, 1980 94 Stat. 1507  Editorial Notes  References in Text The Reclamation Act of June 17, 1902 32 Stat. 388 section 371 of this title The Water Resources Planning Act, referred to in text, is Pub. L. 8980 July 22, 1965 79 Stat. 244 section 1962 of Title 42 Amendments 1980 Pub. L. 96375 1978 Pub. L. 95578 November 2, 1978 September 30, 1968 Statutory Notes and Related Subsidiaries Termination of National Water Commission National Water Commission, established by Pub. L. 90515 Sept. 26, 1968 82 Stat. 868 Sept. 26, 1973  1511a. Cooperation and participation by Secretary of the Army with Federal, State, and local agencies  The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate and participate with concerned Federal, State, and local agencies in preparing the general plan for the development of the water resources of the western United States authorized by the Colorado River Basin Project Act [ 43 U.S.C. 1501 ( Pub. L. 91611, title II,  203 Dec. 31, 1970 84 Stat. 1828  Editorial Notes  References in Text The Colorado River Basin Project Act, referred to in text, is Pub. L. 90537 Sept. 30, 1968 82 Stat. 885 section 1501 of this title Codification Section was not enacted as part of the Colorado River Basin Project Act which comprises this chapter.  1512. Mexican Water Treaty  The Congress declares that the satisfaction of the requirements of the Mexican Water Treaty from the Colorado River constitutes a national obligation which shall be the first obligation of any water augmentation project planned pursuant to section 1511 of this title Provided 59 Stat. 1219 ( Pub. L. 90537, title II,  202 Sept. 30, 1968 82 Stat. 887  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 90537 Sept. 30, 1968 82 Stat. 885 section 1501 of this title  1513. Importation of water; protection of exporting areas (a) In the event that the Secretary shall, pursuant to section 1511 of this title (b) All requirements, present or future, for water within any State lying wholly or in part within the drainage area of any river basin from which water is exported by works planned pursuant to this chapter shall have a priority of right in perpetuity to the use of the waters of that river basin, for all purposes, as against the uses of the water delivered by means of such exportation works, unless otherwise provided by interstate agreement. ( Pub. L. 90537, title II,  203 Sept. 30, 1968 82 Stat. 887  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 90537 Sept. 30, 1968 82 Stat. 885  1514. Authorization of appropriations  There are authorized to be appropriated such sums as are required to carry out the purposes of this subchapter. ( Pub. L. 90537, title II,  204 Sept. 30, 1968 82 Stat. 887 SUBCHAPTER III AUTHORIZED UNITS; PROTECTION OF EXISTING USES  1521. Central Arizona Project (a) Construction and operation; Hayden-Rhodes Aqueduct and pumping plants; Orme Dam and Reservoir; Buttes Dam and Reservoir; Hooker Dam and Reservoir; Charleston Dam and Reservoir; Tucson aqueducts and pumping plants; Fannin-McFarland Aqueduct; related and appurtenant works For the purposes of furnishing irrigation water and municipal water supplies to the water-deficient areas of Arizona and western New Mexico through direct diversion or exchange of water, control of floods, conservation and development of fish and wildlife resources, enhancement of recreation opportunities, and for other purposes, the Secretary shall construct, operate, and maintain the Central Arizona Project, consisting of the following principal works: (1) a system of main conduits and canals, including a main canal and pumping plants (Hayden-Rhodes Aqueduct and pumping plants), for diverting and carrying water from Lake Havasu to Orme Dam or suitable alternative, which system may have a capacity of 3,000 cubic feet per second or whatever lesser capacity is found to be feasible: Provided section 1552(a)(3) of this title Provided further section 1543(f) of this title June 29, 1935 section 1524 of this title (b) Limitation on water diversions in years of insufficient main stream Colorado River water Article II(B)(3) of the decree of the Supreme Court of the United States in Arizona against California (376 U.S. 340) shall be so administered that in any year in which, as determined by the Secretary, there is insufficient main stream Colorado River water available for release to satisfy annual consumptive use of seven million five hundred thousand acre-feet in Arizona, California, and Nevada, diversions from the main stream for the Central Arizona Project shall be so limited as to assure the availability of water in quantities sufficient to provide for the aggregate annual consumptive use by holders of present perfected rights, by other users in the State of California served under existing contracts with the United States by diversion works heretofore constructed, and by other existing Federal reservations in that State, of four million four hundred thousand acre-feet of mainstream water, and by users of the same character in Arizona and Nevada. Water users in the State of Nevada shall not be required to bear shortages in any proportion greater than would have been imposed in the absence of this subsection. This subsection shall not affect the relative priorities, among themselves, of water users in Arizona, Nevada, and California which are senior to diversions for the Central Arizona Project, or amend any provisions of said decree. (c) Augmentation of water supply of Colorado River system The limitation stated in subsection (b) of this section shall not apply so long as the Secretary shall determine and proclaim that means are available and in operation which augment the water supply of the Colorado River system in such quantity as to make sufficient mainstream water available for release to satisfy annual consumptive use of seven million five hundred thousand acre-feet in Arizona, California, and Nevada. ( Pub. L. 90537, title III,  301 Sept. 30, 1968 82 Stat. 887 Pub. L. 100345,  2(b) June 24, 1988 102 Stat. 643 Pub. L. 102575, title XIII,  1302 Oct. 30, 1992 106 Stat. 4662  Editorial Notes Amendments 1992Subsec. (a)(7). Pub. L. 102575 1988Subsec. (a)(1). Pub. L. 100345 Statutory Notes and Related Subsidiaries Designation of Salt-Gila Aqueduct as Fannin-McFarland Aqueduct Sections 1301 and 1302 of Pub. L. 102575  SEC. 1301. DESIGNATION. The Salt-Gila Aqueduct of the Central Arizona Project, constructed, operated, and maintained under section 301(a)(7) of the Colorado River Basin Project Act ( 43 U.S.C. 1521(a)(7) SEC. 1302. REFERENCES. Any reference in any law, regulation, document, record, map, or other paper of the United States to the aqueduct referred to in section 1301 hereby is deemed to be a reference to the Fannin-McFarland Aqueduct. Designation of Granite Reef Aqueduct as Hayden-Rhodes Aqueduct Pub. L. 100345,  2 June 24, 1988 102 Stat. 643  (a) The Granite Reef Aqueduct of the Central Arizona project, constructed, operated, and maintained under section 301(a)(1) of the Colorado River Basin [Project] Act ( 43 U.S.C. 1521(a)(1) (b) Any reference in any law, regulation, document, record, map, or other paper of the United States to the aqueduct referred to in subsection (a) hereby is deemed to be a reference to the Hayden-Rhodes Aqueduct.  1522. Orme Dam and Reservoir (a) Acquisition of lands of Salt River Pima-Maricopa Indian Community and Fort McDowell-Apache Indian Community; relocation; eminent domain The Secretary shall designate the lands of the Salt River Pima-Maricopa Indian Community, Arizona, and the Fort McDowell-Apache Indian Community, Arizona, or interests therein, and any allotted lands or interests therein within said communities which he determines are necessary for use and occupancy by the United States for the construction, operation, and maintenance of Orme Dam and Reservoir, or alternative. The Secretary shall offer to pay the fair market value of the lands and interests designated, inclusive of improvements. In addition, the Secretary shall offer to pay toward the cost of relocating or replacing such improvements not to exceed $500,000 in the aggregate, and the amount offered for the actual relocation or replacement of a residence shall not exceed the difference between the fair market value of the residence and $8,000. Each community and each affected allottee shall have six months in which to accept or reject the Secretarys offer. If the Secretarys offer is rejected, the United States may proceed to acquire the property interests involved through eminent domain proceedings in the United States District Court for the District of Arizona under sections 3113 and 3114(a) to (d) of title 40. Upon acceptance in writing of the Secretarys offer, or upon the filing of a declaration of taking in eminent domain proceedings, title to the lands or interests involved, and the right to possession thereof, shall vest in the United States. Upon a determination by the Secretary that all or any part of such lands or interests are no longer necessary for the purpose for which acquired, title to such lands or interests shall be restored to the appropriate community upon repayment to the Federal Government of the amounts paid by it for such lands. (b) Rights of former owners to use or lease land Title to any land or easement acquired pursuant to this section shall be subject to the right of the former owner to use or lease the land for purposes not inconsistent with the construction, operation, and maintenance of the project, as determined by, and under terms and conditions prescribed by, the Secretary. Such right shall include the right to extract and dispose of minerals. The determination of fair market value under subsection (a) shall reflect the right to extract and dispose of minerals and all other uses permitted by this section. (c) Addition of land to Fort McDowell Indian Reservation In view of the fact that a substantial portion of the lands of the Fort McDowell Mohave-Apache Indian Community will be required for Orme Dam and Reservoir, or alternative, the Secretary shall, in addition to the compensation provided for in subsection (a) of this section, designate and add to the Fort McDowell Indian Reservation twenty-five hundred acres of suitable lands in the vicinity of the reservation that are under the jurisdiction of the Department of the Interior in township 4 north, range 7 east; township 5 north, range 7 east; and township 3 north, range 7 east, Gila and Salt River base meridian, Arizona. Title to lands so added to the reservation shall be held by the United States in trust for the Fort McDowell Mohave-Apache Indian Community. (d) Recreational facilities developed and operated by Indian communities along Orme Reservoir shoreline Each community shall have a right, in accordance with plans approved by the Secretary, to develop and operate recreational facilities along the part of the shoreline of the Orme Reservoir located on or adjacent to its reservation, including land added to the Fort McDowell Reservation as provided in subsection (b) of this section, subject to rules and regulations prescribed by the Secretary governing the recreation development of the reservoir. Recreation development of the entire reservoir and federally owned lands under the jurisdiction of the Secretary adjacent thereto shall be in accordance with a master recreation plan approved by the Secretary. The members of each community shall have nonexclusive personal rights to hunt and fish on or in the reservoir without charge to the same extent they are now authorized to hunt and fish, but no community shall have the right to exclude others from the reservoir except by control of access through its reservation or any right to require payment by members of the public except for the use of community lands or facilities. (e) Exemption of funds from State and Federal income taxes All funds paid pursuant to this section, and any per capita distribution thereof, shall be exempt from all forms of State and Federal income taxes. ( Pub. L. 90537, title III,  302 Sept. 30, 1968 82 Stat. 888  Editorial Notes Codification In subsec. (a), sections 3113 and 3114(a) to (d) of title 40 substituted for 40 U.S.C., sections 257 and 258a on authority of Pub. L. 107217,  5(c) Aug. 21, 2002 116 Stat. 1303 Statutory Notes and Related Subsidiaries Inapplicability of Subsection (a) to Fort McDowell Indian Community Pub. L. 101628, title IV,  411(e) Nov. 28, 1990 104 Stat. 4491 As of the date the authorizations contained in section 409(b) of this Act become effective [see section 412 of Pub. L. 101628 104 Stat. 4491 43 U.S.C. 1522(a) Inapplicability to Salt River Pima-Maricopa Indian Community Pub. L. 100512,  11(c) Oct. 20, 1988 102 Stat. 2558 Upon the effective date of this Act as set forth in section 12 [ 102 Stat. 2559 43 U.S.C. 1522  1523. Power requirements of Central Arizona Project and augmentation of Lower Colorado River Basin Development Fund (a) Engineering and economic studies The Secretary is authorized and directed to continue to a conclusion appropriate engineering and economic studies and to recommend the most feasible plan for the construction and operation of hydroelectric generating and transmission facilities, the purchase of electrical energy, the purchase of entitlement to electrical plant capacity, or any combination thereof, including participation, operation, or construction by non-Federal entities, for the purpose of supplying the power requirements of the Central Arizona Project and augmenting the Lower Colorado River Basin Development Fund: Provided (b) Construction of thermal generating powerplants; agreements for acquisition by United States of portions of plant capacity If included as a part of the recommended plan, the Secretary may enter into agreements with non-Federal interests proposing to construct thermal generating powerplants whereby the United States shall acquire the right to such portions of their capacity, including delivery of power and energy over appurtenant transmission facilities to mutually agreed upon delivery points, as he determines is required in connection with the operation of the Central Arizona Project. When not required for the Central Arizona Project, the power and energy acquired by such agreements may be disposed of intermittently by the Secretary for other purposes at such prices as he may determine, including its marketing in conjunction with the sale of power and energy from Federal powerplants in the Colorado River system so as to produce the greatest practicable amount of power and energy that can be sold at firm power and energy rates. The agreements shall provide among other things, that (1) the United States shall pay not more than that portion of the total construction cost, exclusive of interest during construction, of the powerplants, and of any switchyards and transmission facilities serving the United States, as is represented by the ratios of the respective capacities to be provided for the United States therein to the total capacities of such facilities. The Secretary shall make the Federal portion of such costs available to the non-Federal interests during the construction period, including the period of preparation of designs and specifications, in such installments as will facilitate a timely construction schedule, but no funds other than for preconstruction activities shall be made available by the Secretary until he determines that adequate contractual arrangements have been entered into between all the affected parties covering land, water, fuel supplies, power (its availability and use), rights-of-way, transmission facilities and all other necessary matters for the thermal generating powerplants; (2) annual operation and maintenance costs shall be apportioned between the United States and the non-Federal interests on an equitable basis taking into account the ratios determined in accordance with the foregoing clause (1): Provided, however (3) the United States shall be given appropriate credit for any interests in Federal lands administered by the Department of the Interior that are made available for the power plants and appurtenances; (4) costs to be borne by the United States under clauses (1) and (2) shall not include (a) interest and interest during construction, (b) financing charges, (c) franchise fees, and (d) such other costs as shall be specified in the agreement. (c) Recommended plan; submission to Congress No later than one year from September 30, 1968 (d) Apportionment of water for Arizona plants diverted above Lee Ferry If any thermal generating plant referred to in subsection (b) of this section is located in Arizona, and if it is served by water diverted from the drainage area of the Colorado River system above Lee Ferry, other provisions of existing law to the contrary notwithstanding, such consumptive use of water shall be a part of the fifty thousand acre-feet per annum apportioned to the State of Arizona by article III(a) of the Upper Colorado River Basin Compact ( 63 Stat. 31 ( Pub. L. 90537, title III,  303 Sept. 30, 1968 82 Stat. 889  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original this Act, meaning Pub. L. 90537 Sept. 30, 1968 82 Stat. 885 section 1501 of this title  1524. Water furnished from Central Arizona Project (a) Restriction on use of water for irrigation Unless and until otherwise provided by Congress, water from the Central Arizona Project shall not be made available directly or indirectly for the irrigation of lands not having a recent irrigation history as determined by the Secretary, except in the case of Indian lands, national wildlife refuges, and, with the approval of the Secretary, State-administered wildlife management areas. (b) Contracts with municipal and industrial users (1) Irrigation and municipal and industrial water supply under the Central Arizona Project within the State of Arizona may, in the event the Secretary determines that it is necessary to effect repayment, be pursuant to master contracts with organizations which have power to levy assessments against all taxable real property within their boundaries. The terms and conditions of contracts or other arrangements whereby each such organization makes water from the Central Arizona Project available to users within its boundaries shall be subject to the Secretarys approval, and the United States shall, if the Secretary determines such action is desirable to facilitate carrying out the provisions of this chapter, have the right to require that it be a party to such contracts or that contracts subsidiary to the master contracts be entered into between the United States and any user. The provisions of this clause (1) shall not apply to the supplying of water to an Indian tribe for use within the boundaries of an Indian reservation. (2) Any obligation assumed pursuant to section 485h(d) of this title section 485h(e) of this title (3) Contracts relating to municipal and industrial water supply under the Central Arizona Project may be made without regard to the limitations of the last sentence of section 485h(c) of this title (c) Water conservation Each contract under which water is provided under the Central Arizona Project shall require that (1) there be in effect measures, adequate in the judgment of the Secretary, to control expansion of irrigation from aquifers affected by the irrigation in the contract service area; (2) the canals and distribution systems through which water is conveyed after its delivery by the United States to the contractors shall be provided and maintained with linings adequate in his judgment to prevent excessive conveyance losses; and (3) [Repealed. Pub. L. 102575, title XXXVII,  3710(k) Oct. 30, 1992 106 Stat. 4751 45 Stat. 1057 43 U.S.C. 617 (d) Water exchanges The Secretary may require in any contract under which water is provided from the Central Arizona Project that the contractor agree to accept main stream water in exchange for or in replacement of existing supplies from sources other than the main stream. The Secretary shall so require in the case of users in Arizona who also use water from the Gila River system to the extent necessary to make available to users of water from the Gila River system in New Mexico additional quantities of water as provided in and under the conditions specified in subsection (f) of this section: Provided (e) Water shortage priorities In times of shortage or reduction of main stream Colorado River water for the Central Arizona Project, as determined by the Secretary, users which have yielded water from other sources in exchange for main stream water supplied by that project shall have a first priority to receive main stream water, as against other users supplied by that project which have not so yielded water from other sources, but only in quantities adequate to replace the water so yielded. (f) New Mexico users; water exchange contracts (1) In the operation of the Central Arizona Project, the Secretary shall offer to contract with water users in the State of New Mexico, with the approval of its Interstate Stream Commission, or with the State of New Mexico, through its Interstate Stream Commission, for water from the Gila River, its tributaries and underground water sources in amounts that will permit consumptive use of water in New Mexico of not to exceed an annual average in any period of 10 consecutive years of 14,000 acre-feet, including reservoir evaporation, over and above the consumptive uses provided for by article IV of the decree of the Supreme Court of the United States in Arizona v. California (376 U.S. 340). Such increased consumptive uses shall continue only so long as delivery of Colorado River water to downstream Gila River users in Arizona is being accomplished in accordance with this chapter, in quantities sufficient to replace any diminution of their supply resulting from such diversion from the Gila River, its tributaries and underground water sources. In determining the amount required for this purpose, full consideration shall be given to any differences in the quality of the water involved. (2) All additional consumptive uses provided for in clauses (1) and (2) 1 1 June 29, 1935 September 30, 1968 ( Pub. L. 90537, title III,  304 Sept. 30, 1968 82 Stat. 891 Pub. L. 102575, title XXXVII,  3710(k) Oct. 30, 1992 106 Stat. 4751 Pub. L. 108451, title II,  212(d) Dec. 10, 2004 118 Stat. 3528  Editorial Notes  References in Text This chapter, referred to in subsecs. (b)(1), (f)(1), was in the original this Act, meaning Pub. L. 90537 Sept. 30, 1968 82 Stat. 885 section 1501 of this title The Boulder Canyon Project Act, referred to in subsec. (c), is act Dec. 21, 1928, ch. 42 45 Stat. 1057 section 617t of this title Codification Subsec. (g) of this section, which restricted the use of water from the projects authorized by this chapter for the production of basic agricultural commodities on newly irrigated lands for a period of ten years from Sept. 30, 1968 Amendments 2004Subsec. (f)(1). Pub. L. 108451,  212(d)(1) Subsec. (f)(2), (3). Pub. L. 108451,  212(d)(2) 1992Subsec. (c)(3). Pub. L. 102575 Statutory Notes and Related Subsidiaries Transportation of Water Pumped Within Boundary Pub. L. 102575, title XXXVII,  3710(k) Oct. 30, 1992 106 Stat. 4751 This subsection [amending this section] does not authorize transportation of water pumped within the exterior boundary of a Federal reclamation project established prior to September 30, 1968 June 17, 1902 32 Stat. 388 43 U.S.C. 391 section 371 of this title  1525. Cost of main stream water of Colorado River  To the extent that the flow of the main stream of the Colorado River is augmented in order to make sufficient water available for release, as determined by the Secretary pursuant to article II(b)(1) of the decree of the Supreme Court of the United States in Arizona against California (376 U.S. 340), to satisfy annual consumptive use of two million eight hundred thousand acre-feet in Arizona, four million four hundred thousand acre-feet in California, and three hundred thousand acre-feet in Nevada, respectively, the Secretary shall make such water available to users of main stream water in those States at the same costs (to the extent that such costs can be made comparable through the nonreimbursable allocation to the replenishment of the deficiencies occasioned by satisfaction of the Mexican Treaty burden as herein provided and financial assistance from the development fund established by section 1543 of this title ( Pub. L. 90537, title III,  305 Sept. 30, 1968 82 Stat. 893  1526. Water salvage programs  The Secretary shall undertake programs for water salvage and ground water recovery along and adjacent to the main stream of the Colorado River. Such programs shall be consistent with maintenance of a reasonable degree of undistributed habitat for fish and wildlife in the area, as determined by the Secretary. ( Pub. L. 90537, title III,  306 Sept. 30, 1968 82 Stat. 893  1527. Fish and wildlife conservation and development  The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the project works authorized pursuant to this subchapter shall be in accordance with the provisions of the Federal Water Project Recreation Act ( 79 Stat. 213 16 U.S.C. 460 l section 1522 of this title ( Pub. L. 90537, title III,  308 Sept. 30, 1968 82 Stat. 893  Editorial Notes  References in Text The Federal Water Project Recreation Act, referred to in text, is Pub. L. 8972 July 9, 1965 79 Stat. 213 l l  1528. Authorization of appropriations (a) There is hereby authorized to be appropriated for construction of the Central Arizona Project, including prepayment for power generation and transmission facilities but exclusive of distribution and drainage facilities for non-Indian lands, $832,180,000 plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved therein and, in addition thereto, such sums as may be required for operation and maintenance of the project. (b) There is also authorized to be appropriated $100,000,000 for construction of distribution and drainage facilities for non-Indian lands plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering and cost indices applicable to the types of construction involved therein from September 30, 1968 Provided section 1543 of this title ( Pub. L. 90537, title III,  309 Sept. 30, 1968 82 Stat. 893 Pub. L. 97373 Dec. 20, 1982 96 Stat. 1817  Editorial Notes Amendments 1983Subsec. (b). Pub. L. 97373 September 30, 1968 Provided SUBCHAPTER IV LOWER COLORADO RIVER BASIN DEVELOPMENT FUND  1541. Allocation of costs; repayment  Upon completion of each lower basin unit of the project herein or hereafter authorized, or separate feature thereof, the Secretary shall allocate the total costs of constructing said unit or features to (1) commercial power, (2) irrigation, (3) municipal and industrial water supply, (4) flood control, (5) navigation, (6) water quality control, (7) recreation, (8) fish and wildlife, (9) the replenishment of the depletion of Colorado River flows available for use in the United States occasioned by performance of the Water Treaty of 1944 with the United Mexican States (Treaty Series 994; 59 Stat. 1219 Provided 79 Stat. 213 16 U.S.C. 460 l Provided ( Pub. L. 90537, title IV,  401 Sept. 30, 1968 82 Stat. 894  Editorial Notes  References in Text The Federal reclamation laws, referred to in par. (10), are identified in section 1554 of this title The Federal Water Project Recreation Act, referred to in text, is Pub. L. 8972 July 9, 1965 79 Stat. 213 l l This chapter, referred to in text, was in the original this Act, meaning Pub. L. 90537 Sept. 30, 1968 82 Stat. 885 section 1501 of this title  1542. Repayment capability of Indian lands  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 ( Pub. L. 90537, title IV,  402 Sept. 30, 1968 82 Stat. 894  1543. Lower Colorado River Basin Development Fund (a) Establishment There is hereby established a separate fund in the Treasury of the United States to be known as the Lower Colorado River Basin Development Fund (hereafter called the development fund), which shall remain available until expended as hereafter provided. (b) Appropriations (1) All appropriations made for the purpose of carrying out the provisions of subchapter III of this chapter shall be credited to the development fund as advances from the general fund of the Treasury, and shall be available for such purpose. (2) Except as provided in section 1528(b) of this title (c) Revenues credited to fund There shall also be credited to the development fund (1) all revenues collected in connection with the operation of facilities authorized in subchapter III in furtherance of the purposes of this chapter (except entrance, admission, and other recreation fees or charges and proceeds received from recreation concessionaires), until completion of repayment requirements of the Central Arizona project; (2) any Federal revenues from the Boulder Canyon and Parker-Davis projects which, after completion of repayment requirements of the said Boulder Canyon and Parker-Davis projects, are surplus, as determined by the Secretary, to the operation, maintenance, and replacement requirements of those projects: Provided, however June 1, 1987 June 1, 2005 section 1521(a) of this title Provided further Provided, however section 618a(c) of this title (3) any Federal revenues from that portion of the Pacific Northwest-Pacific Southwest intertie located in the States of Nevada and Arizona which, after completion of repayment requirements of the said part of the Pacific Northwest-Pacific Southwest intertie located in the States of Nevada and Arizona, are surplus, as determined by the Secretary, to the operation, maintenance, and replacement requirements of said portion of the Pacific Northwest-Pacific Southwest intertie and related facilities. (d) Use of revenue funds All moneys collected and credited to the development fund pursuant to subsection (b) and clauses (1) and (3) of subsection (c) of this section and the portion of revenues derived from the sale of power and energy for use in Arizona pursuant to clause (2) of subsection (c) of this section shall be available, without further appropriation, for (1) defraying the costs of operation, maintenance, and replacements of, and emergency expenditures for, all facilities of the projects, within such separate limitations as may be included in annual appropriation Acts; and (2) payments to reimburse water users in the State of Arizona for losses sustained as a result of diminution of the production of hydroelectric power at Coolidge Dam, Arizona, resulting from exchanges of water between users in the States of Arizona and New Mexico as set forth in section 1524(f) of this title (e) Appropriation by Congress required for construction of works Except as provided in subsection (f), revenues credited to the development fund shall not be available for construction of the works comprised within any unit of the project herein or hereafter authorized except upon appropriation by the Congress. (f) Additional uses of revenue funds (1) Crediting against Central Arizona Water Conservation District payments Funds credited to the development fund pursuant to subsection (b) and paragraphs (1) and (3) of subsection (c), the portion of revenues derived from the sale of power and energy for use in the State of Arizona pursuant to subsection (c)(2) in excess of the amount necessary to meet the requirements of paragraphs (1) and (2) of subsection (d), and any annual payment by the Central Arizona Water Conservation District to effect repayment of reimbursable Central Arizona Project construction costs, shall be credited annually against the annual payment owed by the Central Arizona Water Conservation District to the United States for the Central Arizona Project. (2) Further use of revenue funds credited against payments of Central Arizona Water Conservation District After being credited in accordance with paragraph (1), the funds and portion of revenues described in that paragraph shall be available annually, without further appropriation, in order of priority (A) to pay annually the fixed operation, maintenance, and replacement charges associated with the delivery of Central Arizona Project water held under long-term contracts for use by Arizona Indian tribes (as defined in section 2 of the Arizona Water Settlements Act) in accordance with clause 8(d)(i)(1)(i) of the Repayment Stipulation (as defined in section 2 of the Arizona Water Settlements Act); (B) to make deposits, totaling $53,000,000 in the aggregate, in the Gila River Indian Community Water OM&R Trust Fund established by section 208 of the Arizona Water Settlements Act; (C) to pay $147,000,000 for the rehabilitation of the San Carlos Irrigation Project, of which not more than $25,000,000 shall be available annually consistent with attachment 6.5.1 of exhibit 20.1 of the Gila River agreement, except that the total amount of $147,000,000 shall be increased or decreased, as appropriate, based on ordinary fluctuations since January 1, 2000 (D) in addition to amounts made available for the purpose through annual appropriations, as reasonably allocated by the Secretary without regard to any trust obligation on the part of the Secretary to allocate the funding under any particular priority and without regard to priority (except that payments required by clause (i) shall be made first) (i) to make deposits totaling $66,000,000, adjusted to reflect changes since January 1, 2004 (ii) upon satisfaction of the conditions set forth in subsections (j) and (k) of section 212, to pay certain of the costs associated with construction of the New Mexico Unit, in addition to any amounts that may be expended from the New Mexico Unit Fund, in a minimum amount of $34,000,000 and a maximum amount of $62,000,000, as provided in section 212 of the Arizona Water Settlements Act, as adjusted to reflect changes since January 1, 2004 (iii) to pay the costs associated with the construction of distribution systems required to implement the provisions of (I) the contract entered into between the United States and the Gila River Indian Community, numbered 60703W0345, and dated July 20, 1998 (II) section 3707(a)(1) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992 ( 106 Stat. 4747 (III) section 304 of the Southern Arizona Water Rights Settlement Amendments Act of 2004; (iv) to pay $52,396,000 for the rehabilitation of the San Carlos Irrigation Project as provided in section 203(d)(4) of the Arizona Water Settlements Act, of which not more than $9,000,000 shall be available annually, except that the total amount of $52,396,000 shall be increased or decreased, as appropriate, based on ordinary fluctuations since January 1, 2000 (v) to pay other costs specifically identified under (I) sections 213(g)(1) and 214 of the Arizona Water Settlements Act; and (II) the Southern Arizona Water Rights Settlement Amendments Act of 2004; (vi) to pay a total of not more than $250,000,000 to the credit of the Future Indian Water Settlement Subaccount of the Lower Colorado Basin Development Fund, for use for Indian water rights settlements in Arizona approved by Congress after the date of enactment of this Act, subject to the requirement that, notwithstanding any other provision of this chapter, any funds credited to the Future Indian Water Settlement Subaccount that are not used in furtherance of a congressionally approved Indian water rights settlement in Arizona by December 31, 2030 (vii) to pay costs associated with the installation of gages on the Gila River and its tributaries to measure the water level of the Gila River and its tributaries for purposes of the New Mexico Consumptive Use and Forbearance Agreement in an amount not to exceed $500,000; and (viii) to pay the Secretarys costs of implementing the Central Arizona Project Settlement Act of 2004; (E) in addition to amounts made available for the purpose through annual appropriations (i) to pay the costs associated with the construction of on-reservation Central Arizona Project distribution systems for the Yavapai Apache (Camp Verde), Tohono Oodham Nation (Sif Oidak District), Pascua Yaqui, and Tonto Apache tribes; and (ii) to make payments to those tribes in accordance with paragraph 8(d)(i)(1)(iv) of the repayment stipulation (as defined in section 2 of the Arizona Water Settlements Act), except that if a water rights settlement Act of Congress authorizes such construction, payments to those tribes shall be made from funds in the Future Indian Water Settlement Subaccount; and (F) if any amounts remain in the development fund at the end of a fiscal year, to be carried over to the following fiscal year for use for the purposes described in subparagraphs (A) through (E). (3) Revenue funds in excess of revenue funds credited against Central Arizona Water Conservation District payments The funds and portion of revenues described in paragraph (1) that are in excess of amounts credited under paragraph (1) shall be available, on an annual basis, without further appropriation, in order of priority (A) to pay annually the fixed operation, maintenance and replacement charges associated with the delivery of Central Arizona Project water under long-term contracts held by Arizona Indian tribes (as defined in section 2 of the Arizona Water Settlements Act); (B) to make the final outstanding annual payment for the costs of each unit of the projects authorized under subchapter III that are to be repaid by the Central Arizona Water Conservation District; (C) to reimburse the general fund of the Treasury for fixed operation, maintenance, and replacement charges previously paid under paragraph (2)(A); (D) to reimburse the general fund of the Treasury for costs previously paid under subparagraphs (B) through (E) of paragraph (2); (E) to pay to the general fund of the Treasury the annual installment on any debt relating to the Central Arizona Project under section 485h(d) of this title (F) to pay to the general fund of the Treasury the difference between (i) the costs of each unit of the projects authorized under subchapter III that are repayable by the Central Arizona Water Conservation District; and (ii) any costs allocated to reimbursable functions under any Central Arizona Project cost allocation undertaken by the United States; and (G) for deposit in the general fund of the Treasury. (4) Investment of amounts (A) In general The Secretary of the Treasury shall invest such portion of the development fund as is not, in the judgment of the Secretary of the Interior, required to meet current needs of the development fund. (B) Permitted investments (i) In general Notwithstanding any other provision of law, including any provision requiring the consent or concurrence of any party, the investments referred to in subparagraph (A) shall include 1 or more of the following: (I) Any investments referred to in the Act of June 24, 1938 25 U.S.C. 162a (II) Investments in obligations of government corporations and government-sponsored entities whose charter statutes provide that their obligations are lawful investments for federally managed funds. (III) The obligations referred to in section 401 of title 42 (ii) Lawful investments For purposes of clause (i), obligations of government corporations and government-sponsored entities whose charter statutes provide that their obligations are lawful investments for federally managed funds includes any of the following securities or securities with comparable language concerning the investment of federally managed funds: (I) Obligations of the United States Postal Service as authorized by section 2005 of title 39 (II) Bonds and other obligations of the Tennessee Valley Authority as authorized by section 831n4 of title 16 (III) Mortgages, obligations, or other securities of the Federal Home Loan Mortgage Corporation as authorized by section 1452 of title 12 (IV) Bonds, notes, or debentures of the Commodity Credit Corporation as authorized by section 4 of the Act of March 4, 1939 1 1 15 U.S.C. 713a4 (C) Acquisition of obligations For the purpose of investments under subparagraph (A), obligations may be acquired (i) on original issue at the issue price; or (ii) by purchase of outstanding obligations at the market price. (D) Sale of obligations Any obligation acquired by the development fund may be sold by the Secretary of the Treasury at the market price. (E) Credits to fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the development fund shall be credited to and form a part of the development fund. (5) Amounts not available for certain Federal obligations None of the provisions of this section, including paragraphs (2)(A) and (3)(A), shall be construed to make any of the funds referred to in this section available for the fulfillment of any Federal obligation relating to the payment of OM&R charges if such obligation is undertaken pursuant to Public Law 95328 Public Law 98530 (g) Repayment of costs All revenues credited to the development fund in accordance with subsection (c)(2) of this section (excluding only those revenues derived from the sale of power and energy for use in Arizona during the payout period of the Central Arizona Project as authorized herein) and such other revenues as remain in the development fund after making the payments required by subsections (d) and (f) of this section shall be available (1) to make payments, if any, as required by sections 616aa1 and 620d1 of this title, (2) for repayment to the general fund of the Treasury the costs of each salinity control unit or separable feature thereof 2 2 (h) Interest rate The interest rate applicable to those portions of the reimbursable costs of each unit of the project which are properly allocated to commercial power development and municipal and industrial water supply shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the first advance is made for initiating construction of such unit, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issue. (i) Annual budgets; submission to Congress Business-type budgets shall be submitted to the Congress annually for all operations financed by the development fund. ( Pub. L. 90537, title IV,  403 Sept. 30, 1968 82 Stat. 894 Pub. L. 93320, title II,  205(b)(2) June 24, 1974 88 Stat. 273 Pub. L. 98381, title I,  102 Aug. 17, 1984 98 Stat. 1333 Pub. L. 98569,  4(f)(2) Oct. 30, 1984 98 Stat. 2939 Pub. L. 108451, title I,  107(a) Dec. 10, 2004 118 Stat. 3493  Editorial Notes  References in Text Sections 2, 106, 203, 208, 213, and 214 of the Arizona Water Settlements Act, referred to in subsec. (f)(2), (3), are sections 2 and 106 of title I, and sections 203, 208, 213, and 214 of title II, of Pub. L. 108451 Dec. 10, 2004 118 Stat. 3479 Section 212 of the Arizona Water Settlements Act, referred to in subsec. (f)(2)(D)(i), (ii), is section 212 of Pub. L. 108451 Dec. 10, 2004 118 Stat. 3527 section 1524 of this title Section 3707(a)(1) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992, referred to in subsec. (f)(2)(D)(iii)(II), is section 3707(a)(1) of title XXXVII of Pub. L. 102575 Oct. 30, 1992 106 Stat. 4747 The Southern Arizona Water Rights Settlement Amendments Act of 2004, referred to in subsec. (f)(2)(D)(iii)(III), (v)(II), is title III of Pub. L. 108451 Dec. 10, 2004 118 Stat. 3535 The date of enactment of this Act, referred to in subsec. (f)(2)(D)(vi), probably means the date of enactment of Pub. L. 108451 Dec. 10, 2004 The Central Arizona Project Settlement Act of 2004, referred to in subsec. (f)(2)(D)(viii), is title I of Pub. L. 108451 Dec. 10, 2004 118 Stat. 3486 section 1501 of this title Act of June 24, 1938 act June 24, 1938, ch. 648 52 Stat. 1037 section 162a of Title 25 section 162 of Title 25 section 162a of Title 25 Section 4 of the Act of March 4, 1939 March 8, 1938 March 4, 1939 section 713a4 of Title 15 Public Law 95328 Pub. L. 95328 July 28, 1978 92 Stat. 409 Public Law 98530 Pub. L. 98530 Oct. 19, 1984 98 Stat. 2698 Amendments 2004Subsec. (e). Pub. L. 108451,  107(c)(2) Subsec. (f). Pub. L. 108451,  107(a) Subsec. (g). Pub. L. 108451,  107(c)(1) 1984Subsec. (b). Pub. L. 98381,  102(a) Subsec. (c)(1). Pub. L. 98381,  102(b) Subsec. (c)(2). Pub. L. 98381,  102(c) Subsec. (g). Pub. L. 98569 1974Subsec. (g). Pub. L. 93320 Sept. 30, 1968 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98569 Oct. 30, 1984 section 6 of Pub. L. 98569 section 1591 of this title Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 Pub. L. 106554 section 1113 of Title 31 Limitation on Funds Pub. L. 108451, title I,  107(b) Dec. 10, 2004 118 Stat. 3498  Amounts made available under the amendment made by subsection (a) [amending this section] (1) shall be identified and retained in the Lower Colorado River Basin Development Fund established by section 403 of the Colorado River Basin Project Act ( 43 U.S.C. 1543 (2) shall not be expended or withdrawn from that fund until the later of (A) the date on which the findings described in section 207(c) [ 118 Stat. 3519 (B)  January 1, 2010 Payment From Development Fund to General Fund of Treasury Pub. L. 108447, div. C, title II,  203 Dec. 8, 2004 118 Stat. 2948  (a)  In General Notwithstanding section 403(f) of the Colorado River Basin Project Act ( 43 U.S.C. 1543(f) April 24, 2003 (b)  Payment to General Fund If any of the provisions of the stipulation referred to in subsection (a) are not met by the date that is 10 years after the date of enactment of this Act [ Dec. 8, 2004 43 U.S.C. 1543(f) (c)  Authorization Amounts in the Lower Colorado River Basin Development Fund that but for this section would be returned to the general fund of the Treasury shall not be expended until further Act of Congress. Similar provisions were contained in the following prior appropriation acts: Pub. L. 108137, title II,  205 Dec. 1, 2003 117 Stat. 1849 Pub. L. 10766, title II,  204 Nov. 12, 2001 115 Stat. 500  1544. Annual report to Congress  On January 1 of each year the Secretary shall report to the Congress, beginning with the fiscal year ending June 30, 1969 ( Pub. L. 90537, title IV,  404 Sept. 30, 1968 82 Stat. 896 SUBCHAPTER V GENERAL PROVISIONS  1551. Construction of Colorado River Basin Act (a) Effect on other laws Nothing in this chapter shall be construed to alter, amend, repeal, modify, or be in conflict with the provisions of the Colorado River Compact ( 45 Stat. 1057 63 Stat. 31 59 Stat. 1219 45 Stat. 1057 43 U.S.C. 617 54 Stat. 774 43 U.S.C. 618 70 Stat. 105 43 U.S.C. 620 (b) Reports to Congress The Secretary is directed to (1) make reports as to the annual consumptive uses and losses of water from the Colorado River system after each successive five-year period, beginning with the five-year period starting on October 1, 1970 (2) condition all contracts for the delivery of water originating in the drainage basin of the Colorado River system upon the availability of water under the Colorado River Compact. (c) Compliance of Federal officers and agencies All Federal officers and agencies are directed to comply with the applicable provisions of this chapter, and of the laws, treaty, compacts, and decree referred to in subsection (a) of this section, in the storage and release of water from all reservoirs and in the operation and maintenance of all facilities in the Colorado River system under the jurisdiction and supervision of the Secretary, and in the operation and maintenance of all works which may be authorized hereafter for the augmentation of the water supply of the Colorado River system. In the event of failure of any such officer or agency to so comply, any affected State may maintain an action to enforce the provisions of this section in the Supreme Court of the United States and consent is given to the joinder of the United States as a party in such suit or suits, as a defendant or otherwise. ( Pub. L. 90537, title VI,  601 Sept. 30, 1968 82 Stat. 899  Editorial Notes  References in Text This chapter, referred to in subsecs. (a) and (c), was in the original this Act, meaning Pub. L. 90537 Sept. 30, 1968 82 Stat. 885 section 1501 of this title The Boulder Canyon Project Act, referred to in subsec. (a), is act Dec. 21, 1928, ch. 42 45 Stat. 1057 section 617t of this title The Boulder Canyon Project Adjustment Act, referred to in subsec. (a), is act July 19, 1940, ch. 643 54 Stat. 774 o The Colorado River Storage Project Act, referred to in subsec. (a), is act Apr. 11, 1956, ch. 203 70 Stat. 105 section 620 of this title Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1552. Criteria for long-range operation of reservoirs (a) Promulgation by Secretary; order of priorities In order to comply with and carry out the provisions of the Colorado River Compact, the Upper Colorado River Basin Compact, and the Mexican Water Treaty, the Secretary shall propose criteria for the coordinated long-range operation of the reservoirs constructed and operated under the authority of the Colorado River Storage Project Act [ 43 U.S.C. 620 43 U.S.C. 617 43 U.S.C. 618 (1) releases to supply one-half the deficiency described in article III(c) of the Colorado River Compact, if any such deficiency exists and is chargeable to the States of the Upper Division, but in any event such releases, if any, shall not be required in any year that the Secretary makes the determination and issues the proclamation specified in section 1512 of this title (2) releases to comply with article III(d) of the Colorado River Compact, less such quantities of water delivered into the Colorado River below Lee Ferry to the credit of the States of the Upper Division from other sources; and (3) storage of water not required for the releases specified in clauses (1) and (2) of this subsection to the extent that the Secretary, after consultation with the Upper Colorado River Commission and representatives of the three Lower Division States and taking into consideration all relevant factors (including, but not limited to, historic stream-flows, the most critical period of record, and probabilities of water supply), shall find this to be reasonably necessary to assure deliveries under clauses (1) and (2) without impairment of annual consumptive uses in the upper basin pursuant to the Colorado River Compact: Provided (b) Submittal of criteria for review and comment; publication; report to Congress Not later than January 1, 1970 July 1, 1970 January 1, 1972 (c) Powerplant operations Section 7 of the Colorado River Storage Project Act [ 43 U.S.C. 620f ( Pub. L. 90537, title VI,  602 Sept. 30, 1968 82 Stat. 900  Editorial Notes  References in Text The Colorado River Storage Project Act, referred to in subsec. (a), is act Apr. 11, 1956, ch. 203 70 Stat. 105 section 620 of this title The Boulder Canyon Project Act, referred to in subsec. (a), is act Dec. 21, 1928, ch. 42 45 Stat. 1057 section 617t of this title The Boulder Canyon Project Adjustment Act, referred to in subsec. (a), is act July 19, 1940, ch. 643 54 Stat. 774 o Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1553. Upper Colorado River Basin; rights to consumptive uses not to be reduced or prejudiced; duties and powers of Commission not impaired (a) Rights of the upper basin to the consumptive use of water available to that basin from the Colorado River system under the Colorado River Compact shall not be reduced or prejudiced by any use of such water in the lower basin. (b) Nothing in this chapter shall be construed so as to impair, conflict with, or otherwise change the duties and powers of the Upper Colorado River Commission. ( Pub. L. 90537, title VI,  603 Sept. 30, 1968 82 Stat. 901  1554. Federal reclamation laws  Except as otherwise provided in this chapter, in constructing, operating, and maintaining the units of the projects herein and hereafter authorized, the Secretary shall be governed by the Federal reclamation laws (Act of June 17, 1902 32 Stat. 388 ( Pub. L. 90537, title VI,  604 Sept. 30, 1968 82 Stat. 901  Editorial Notes  References in Text Act of June 17, 1902 section 371 of this title  1555. Federal Power Act inapplicable to Colorado River between Hoover Dam and Glen Canyon Dam  Part I of the Federal Power Act [ 16 U.S.C. 791a ( Pub. L. 90537, title VI,  605 Sept. 30, 1968 82 Stat. 901  Editorial Notes  References in Text The Federal Power Act, referred to in text, is act June 10, 1920, ch. 285 41 Stat. 1063 section 791a of Title 16  1556. Definitions As used in this chapter, (a) all terms which are defined in the Colorado River Compact shall have the meanings therein defined; (b) Main stream means the main stream of the Colorado River downstream from Lee Ferry within the United States, including the reservoirs thereon; (c) User or water user in relation to main stream water in the lower basin means the United States or any person or legal entity entitled under the decree of the Supreme Court of the United States in Arizona against California, and others (376 U.S. 340), to use main stream water when available thereunder; (d) Active storage means that amount of water in reservoir storage, exclusive of bank storage, which can be released through the existing reservoir outlet works; (e) Colorado River Basin States means the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming; (f) Western United States means those States lying wholly or in part west of the Continental Divide; and (g) Augment or augmentation, when used herein with reference to water, means to increase the supply of the Colorado River or its tributaries by the introduction of water into the Colorado River system, which is in addition to the natural supply of the system. ( Pub. L. 90537, title VI,  606 Sept. 30, 1968 82 Stat. 901 CHAPTER 32A COLORADO RIVER BASIN SALINITY CONTROL    SUBCHAPTER IPROGRAMS DOWNSTREAM FROM IMPERIAL DAM  Sec.  1571. Water quality improvement.  1572. Canal or canal lining.  1573. Construction and maintenance of well fields; land acquisition; land replacement; nonreimbursable costs.  1574. Modification of projects.  1575. Contract authority.  1575a. Administration and disposition of lands and constructed facilities; revenues credited to general fund of Treasury.  1576. Interagency cooperation.  1577. Existing Federal laws not modified.  1578. Authorization of appropriations.  1579. Fish and wildlife habitat; mitigation of losses.  1580. Definitions.  SUBCHAPTER IIMEASURES UPSTREAM FROM IMPERIAL DAM  1591. Salinity control policy.  1592. Authorization to construct, operate, and maintain salinity control units and salinity control programs.  1593. Planning reports; research and demonstration projects.  1594. Colorado River Basin Salinity Control Advisory Council.  1595. Salinity control units; authority and functions of Secretary of the Interior.  1596. Biennial report to President, Congress, and Advisory Council.  1597. Construction of provisions of subchapter.  1598. Achieving project objectives.  1599. Definitions. SUBCHAPTER I PROGRAMS DOWNSTREAM FROM IMPERIAL DAM  1571. Water quality improvement (a) Authority to proceed with program The Secretary of the Interior, hereinafter referred to as the Secretary, is authorized and directed to proceed with a program of works of improvement for the enhancement and protection of the quality of water available in the Colorado River for use in the United States and the Republic of Mexico, and to enable the United States to comply with its obligations under the agreement with Mexico of August 30, 1973 February 3, 1944 (b) Desalting complexes and plants (1) The Secretary is authorized to construct, operate, and maintain a desalting complex, including (1) a desalting plant to reduce the salinity of drain water from the Wellton-Mohawk division of the Gila project, Arizona (hereinafter referred to as the division), including a pretreatment plant for settling, softening, and filtration of the drain water to be desalted; (2) the necessary appurtenant works including the intake pumping plant system, product waterline, power transmission facilities, and permanent operating facilities; (3) the necessary extension in the United States and Mexico of the existing bypass drain to carry the reject stream from the desalting plant and other drainage waters to the Santa Clara Slough in Mexico, with the part in Mexico, subject to arrangements made pursuant to subsection (d); (4) replacement of the metal flume in the existing main outlet drain extension with a concrete siphon; (5) reduction of the quantity of irrigation return flows through acquisition of lands to reduce the size of the division, and irrigation efficiency improvements to minimize return flows; (6) acquire on behalf of the United States such lands or interest in lands in the Painted Rock Reservoir as may be necessary to operate the project in accordance with the obligations of Minute No. 242, and (7) all associated facilities including roads, railroad spur, and transmission lines. (2) (A) The desalting plant shall be designed to treat approximately one hundred and twenty-nine million gallons a day of drain water using advanced technology commercially available. The plant shall effect recovery initially of not less than 70 per centum of the drain water as product water, and shall effect reduction of not less than 90 per centum of the dissolved solids in the feed water. The Secretary shall use sources of electric power supply for the desalting complex that will not diminish the supply of power to preference customers from Federal power systems operated by the Secretary. (B) The Secretary is authorized to use electrical power and energy available from the Navajo Generating Station which is in excess of the Central Arizona Project pumping requirements for the purpose of supplying power and energy requirements of the desalting plant and protective pumping well field constructed pursuant to this subchapter: Provided Provided further (C) Effective October 1, 1979 (c) Replacement water studies Replacement of the reject stream from the desalting plant, Colorado River waters used for the mitigation of fish and wildlife habitat losses and of any Wellton-Mohawk drainage water bypassed to the Santa Clara Slough to accomplish essential operation except at such times when there exists surplus water of the Colorado River under the terms of the Mexican Water Treaty of 1944, is recognized as a national obligation as provided in section 1512 of this title June 30, 1980 section 1512 of this title (d) Advancement of funds for that portion of bypass drain within Mexico The Secretary is hereby authorized to advance funds to the United States section, International Boundary and Water Commission (IBWC), for construction, operation, and maintenance by Mexico pursuant to Minute No. 242 of that portion of the bypass drain within Mexico. Such funds shall be transferred to an appropriate Mexican agency, under arrangements to be concluded by the IBWC providing for the construction, operation, and maintenance of such facility by Mexico. (e) Desalted water exchange Any desalted water not needed for the purposes of this subchapter may be exchanged at prices and under terms and conditions satisfactory to the Secretary and the proceeds therefrom shall be deposited in the General Fund of the Treasury. The city of Yuma, Arizona, shall have first right of refusal to any such water. (f) Return flow reduction For the purpose of reducing the return flows from the division to one hundred and seventy-five thousand acre-feet or less, annually, the Secretary is authorized to: (1) Accelerate the cooperative program of Irrigation Management Services with the Wellton-Mohawk Irrigation and Drainage District, hereinafter referred to as the district, for the purpose of improving irrigation efficiency. The district shall bear its share of the cost of such program as determined by the Secretary. (2) Acquire by purchase or through eminent domain or exchange, to the extent determined by him to be appropriate, lands or interests in lands to reduce the existing seventy-five thousand developed and undeveloped irrigable acres authorized by the Act of July 30, 1947 61 Stat. 628 43 U.S.C. 613 (g) Disposal of acquired lands The Secretary is authorized to dispose of the acquired lands and interests therein on terms and conditions satisfactory to him and meeting the objective of this chapter. (h) Assistance to water users for installation of system improvements The Secretary is authorized, either in conjunction with or in lieu of land acquisition, to assist water users in the division in installing system improvements, such as ditch lining, change of field layouts, automatic equipment, sprinkler systems and bubbler systems, as a means of increasing irrigation efficiencies: Provided, however (i) Contract amendment The Secretary is authorized to amend the contract between the United States and the district dated March 4, 1952 (1) the portion of the existing repayment obligation owing to the United States allocable to irrigable acreage eliminated from the division for the purposes of this subchapter, as determined by the Secretary, shall be nonreimbursable; and (2) if deemed appropriate by the Secretary, the district shall be given credit against its outstanding repayment obligation to offset any increase in operation and maintenance assessments per acre which may result from the districts decreased operation and maintenance base, all as determined by the Secretary. (j) Acquisition of land for storage The Secretary is authorized to acquire through the Corps of Engineers fee title to, or other necessary interests in, additional lands above the Painted Rock Dam in Arizona that are required for the temporary storage capacity needed to permit operation of the dam and reservoir in times of serious flooding in accordance with the obligations of the United States under Minute No. 242. No funds shall be expended for acquisition of land or interests therein until it is finally determined by a Federal court of competent jurisdiction that the Corps of Engineers presently lacks legal authority to use said lands for this purpose. Nothing contained in this subchapter nor any action taken pursuant to it shall be deemed to be a recognition or admission of any obligation to the owners of such land on the part of the United States or a limitation or deficiency in the rights or powers of the United States with respect to such lands or the operation of the reservoir. (k) Transfer of funds To the extent desirable to carry out subsections (f)(1) and (h), the Secretary may transfer funds to the Secretary of Agriculture as may be required for technical assistance to farmers, conduct of research and demonstrations, and such related investigations as are required to achieve higher on-farm irrigation efficiencies. (l) Nonreimbursable costs All cost associated with the desalting complex shall be nonreimbursable except as provided in subsections (f) and (h). ( Pub. L. 93320, title I,  101 June 24, 1974 88 Stat. 266 Pub. L. 96336 Sept. 4, 1980 94 Stat. 1063  Editorial Notes  References in Text Act of July 30, 1947 61 Stat. 628 act July 30, 1947, ch. 382 61 Stat. 628 Amendments 1980Subsec. (b)(2). Pub. L. 96336,  1 Subsec. (c). Pub. L. 96336,  2 Statutory Notes and Related Subsidiaries Short Title Pub. L. 93320,  1 June 24, 1974 88 Stat. 266 That this Act [enacting this chapter and amending sections 620d and 1543 of this title] may be cited as the Colorado River Basin Salinity Control Act.  1572. Canal or canal lining (a) Authorization of construction To assist in meeting salinity control objectives of Minute No. 242 during an interim period, the Secretary is authorized to construct a new concrete-lined canal or, to line the presently unlined portion of the Coachella Canal of the Boulder Canyon project, California, from station 2 plus 26 to the beginning of siphon numbered 7, a length of approximately forty-nine miles. The United States shall be entitled to temporary use of a quantity of water, for the purpose of meeting the salinity control objectives of Minute No. 242, during an interim period, equal to the quantity of water conserved by constructing or lining the said canal. The interim period shall commence on completion of construction or lining said canal and shall end the first year that the Secretary delivers main stream Colorado River water to California in an amount less than the sum of the quantities requested by (1) the California agencies under contracts made pursuant to section 617d of this title (b) Repayment The charges for total construction shall be repayable without interest in equal annual installments over a period of forty years beginning in the year following completion of construction: Provided (c) Acquisition of private lands The Secretary is authorized to acquire by purchase, eminent domain, or exchange private lands or interests therein, as may be determined by him to be appropriate, within the Imperial Irrigation District on the Imperial East Mesa which receive, or which have been granted rights to receive, water from Imperial Irrigation Districts capacity in the Coachella Canal. Costs of such acquisitions shall be nonreimbursable and the Secretary shall return such lands to the public domain. The United States shall not acquire any water rights by reason of this land acquisition. (d) Credit to Imperial Irrigation District against final payments for relinquished capacity in Coachella Canal The Secretary is authorized to credit Imperial Irrigation District against its final payments for certain outstanding construction charges payable to the United States on account of capacity to be relinquished in the Coachella Canal as a result of the canal lining program, all as determined by the Secretary: Provided (e) Transfer of lands to Cocopah Tribe of Indians The Secretary is authorized and directed to cede the following land to the Cocopah Tribe of Indians, subject to rights-of-way for existing levees, to be held in trust by the United States for the Cocopah Tribe of Indians: Township 9 south, range 25 west of the Gila and Salt River meridian, Arizona; Section 25: Lots 18, 19, 20, 21, 22, and 23; Section 26: Lots 1, 12, 13, 14, and 15; Section 27: Lot 3; and all accretion to the above described lands. The Secretary is authorized and directed to construct three bridges, one of which shall be capable of accommodating heavy vehicular traffic, over the portion of the bypass drain which crosses the reservation of the Cocopah Tribe of Indians. The transfer of lands to the Cocopah Indian Reservation and the construction of bridges across the bypass drain shall constitute full and complete payment to said tribe for the rights-of-way required for construction of the bypass drain and electrical transmission lines for works authorized by this subchapter. ( Pub. L. 93320, title I,  102 June 24, 1974 88 Stat. 268  1573. Construction and maintenance of well fields; land acquisition; land replacement; nonreimbursable costs (a) The Secretary is authorized to: (1) Construct, operate, and maintain, consistent with Minute No. 242, well fields capable of furnishing approximately one hundred and sixty thousand acre-feet of water per year for use in the United States and for delivery to Mexico in satisfaction of the 1944 Mexican Water Treaty. (2) Acquire by purchase, eminent domain, or exchange, to the extent determined by him to be appropriate, approximately twenty-three thousand five hundred acres of lands or interests therein with approximately five miles of the Mexican border on the Yuma Mesa: Provided, however (3) Any lands removed from the jurisdiction of the Yuma Mesa Irrigation and Drainage District pursuant to clause (2) of this subsection which were available for use under the Gila Reauthorization Act ( 61 Stat. 628 43 U.S.C. 613 (4) Effective October 1, 1979 June 17, 1902 43 U.S.C. 371 Provided section 485h(c)(1) of this title Provided further (b) The cost of work provided for in this section, including delivery of water to Mexico, shall be nonreimbursable; except to the extent that the waters furnished are used in the United States. ( Pub. L. 93320, title I,  103 June 24, 1974 88 Stat. 269 Pub. L. 96336,  3 Sept. 4, 1980 94 Stat. 1063  Editorial Notes  References in Text The Gila Reauthorization Act, referred to in subsec. (a)(3), is act July 30, 1947, ch. 382 61 Stat. 628 Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title The IBWC, referred to in subsec. (a)(4), is identified in section 1571 of this title Amendments 1980Subsec. (a)(4). Pub. L. 96336  1574. Modification of projects  The Secretary is authorized to provide for modifications of the projects authorized by this subchapter to the extent he determines appropriate for purposes of meeting the international settlement objective of this subchapter at the lowest overall cost to the United States. No funds for any such modification shall be expended until the expiration of sixty days after the proposed modification has been submitted to the appropriate committees of the Congress, unless the Congress approves an earlier date by concurrent resolution. The Secretary shall notify the Governors of the Colorado River Basin States of such modifications. ( Pub. L. 93320, title I,  104 June 24, 1974 88 Stat. 270  1575. Contract authority  The Secretary is authorized to enter into contracts that he deems necessary to carry out the provisions of this subchapter in advance of the appropriation of funds therefor. ( Pub. L. 93320, title I,  105 June 24, 1974 88 Stat. 270  1575a. Administration and disposition of lands and constructed facilities; revenues credited to general fund of Treasury  The Secretary is hereby authorized to administer and dispose of lands and interests in lands acquired, and facilities constructed under this subchapter, and revenues received in connection with this authority shall be credited to the general fund of the Treasury. ( Pub. L. 93320, title I,  106 Pub. L. 96336,  4 Sept. 4, 1980 94 Stat. 1064  Editorial Notes Prior Provisions A prior section 106 of Pub. L. 93320 section 1576 of this title  1576. Interagency cooperation  In carrying out the provisions of this subchapter, the Secretary shall consult and cooperate with the Secretary of State, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and other affected Federal, State, and local agencies. ( Pub. L. 93320, title I,  107 June 24, 1974 88 Stat. 270 Pub. L. 96336,  4 Sept. 4, 1980 94 Stat. 1064  Editorial Notes Prior Provisions A prior section 107 of Pub. L. 93320 section 1577 of this title  1577. Existing Federal laws not modified  Nothing in this chapter shall be deemed to modify the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 33 U.S.C. 1251 ( Pub. L. 93320, title I,  108 June 24, 1974 88 Stat. 270 Pub. L. 96336,  4 Sept. 4, 1980 94 Stat. 1064  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Federal Water Pollution Control Act, as amended, referred to in text, probably means act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of Title 33 Prior Provisions A prior section 108 of Pub. L. 93320 section 1578 of this title  1578. Authorization of appropriations  There is hereby authorized to be appropriated the sum of $356,400,000 for the construction of the works and accomplishment of the purposes authorized in sections 1571, 1572, 1573, and 1579 of this title, of which $3,579,000 is authorized for mitigation of fish and wildlife losses associated with replacement of the Coachella Canal in California, and $6,960,000 is authorized for mitigation of fish and wildlife losses associated with the Desalting Complex Unit and the Protective and Regulatory Pumping Unit in Arizona, based on January 1979, prices plus or minus such amounts as may be justified by reason of ordinary fluctuation in construction costs involved therein, and such sums as may be required to operate and maintain such works and to provide for such modifications as may be made pursuant to section 1574 of this title Provided, however 42 U.S.C. 4601 ( Pub. L. 93320, title I,  109 June 24, 1974 88 Stat. 270 Pub. L. 96336 Sept. 4, 1980 94 Stat. 1064  Editorial Notes  References in Text The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in text, is Pub. L. 91646 Jan. 2, 1971 84 Stat. 1894 section 4601 of Title 42 Amendments 1980 Pub. L. 96336,  5 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Pub. L. 96336,  5 Sept. 4, 1980 94 Stat. 1064 Oct. 1, 1979  1579. Fish and wildlife habitat; mitigation of losses Effective October 1, 1979 1 1 (a) Appropriation of funds; acquisition and disposal of lands; facilities undertakings; funds restriction for non-Federal facilities The Secretary is authorized to (1) acquire lands by purchase, eminent domain, or exchange; (2) dispose of land, facilities, and equipment; (3) construct, operate, maintain, and make replacements of facilities: Provided, however (b) Nonreimbursable costs All costs authorized by this section are nonreimbursable. ( Pub. L. 93320, title I,  110 Pub. L. 96336,  6 Sept. 4, 1980 94 Stat. 1064  1580. Definitions As used in this subchapter: (a) Navajo Generating Station means (1) the United States entitlement to a portion of the output of power and energy from the Navajo Generating Station, Page, Arizona, pursuant to United States participation in that generating station; (2) in the event that said United States entitlement is integrated with other generating facilities, then Navajo Generating Station means that amount of power and energy from the integrated system which is attributable to the United States Navajo entitlement; (3) when the Navajo Generating Station is replaced at the end of its useful life or an alternative resource is established, then Navajo Generating Station means an amount of power and energy equivalent to the present United States entitlement from Navajo, from the replacement resource. (b) All terms used herein that are defined in the Colorado River Compact shall have the meanings therein defined. ( Pub. L. 93320, title I,  111 Pub. L. 96336,  7 Sept. 4, 1980 94 Stat. 1065 SUBCHAPTER II MEASURES UPSTREAM FROM IMPERIAL DAM  1591. Salinity control policy (a) Implementation by Secretary of the Interior The Secretary of the Interior shall implement the salinity control policy adopted for the Colorado River in the Conclusions and Recommendations published in the Proceedings of the Reconvened Seventh Session of the Conference in the Matter of Pollution of the Interstate Waters of the Colorado River and Its Tributaries in the States of California, Colorado, Utah, Arizona, Nevada, New Mexico, and Wyoming, held in Denver, Colorado, on April 2627, 1972, under the authority of section 10 of the Federal Water Pollution Control Act ( 33 U.S.C. 1160 June 9, 1972 (b) Expeditious investigation, planning, and implementation of salinity control program The Secretary is hereby directed to expedite the investigation, planning, and implementation of the salinity control program generally as described in chapter VI of the Secretarys report entitled, Colorado River Water Quality Improvement Program, February 1972. In determining the relative priority of implementing additional units or new self-contained portions of units authorized by section 1592 of this title (c) Cooperation with other Federal agencies In conformity with subsection (a) and the authority of the Environmental Protection Agency under Federal laws, the Secretary, the Administrator of the Environmental Protection Agency, and the Secretary of Agriculture are directed to cooperate and coordinate their activities effectively to carry out the objective of this subchapter. ( Pub. L. 93320, title II,  201 June 24, 1974 88 Stat. 270 Pub. L. 98569,  1 Oct. 30, 1984 98 Stat. 2933  Editorial Notes  References in Text The Federal Water Pollution Control Act, referred to in subsec. (a), which was formerly classified to chapter 23 ( 1151 et seq.) of Title 33, Navigation and Navigable Waters, was revised generally by Pub. L. 92500 Oct. 18, 1972 86 Stat. 816 Amendments 1984Subsec. (b). Pub. L. 98569 section 1592 of this title Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Pub. L. 98569,  6 Oct. 30, 1984 98 Stat. 2939 The amendments made by this Act [amending this section and sections 620d, 1543, 1592, 1593, 1595, and 1598 of this title] shall take effect upon enactment of this Act [ Oct. 30, 1984  1592. Authorization to construct, operate, and maintain salinity control units and salinity control programs (a) Authority of Secretary The Secretary is authorized to construct, operate, and maintain the following salinity control units and salinity control programs as the initial stage of the Colorado River Basin salinity control program: (1) The Paradox Valley unit, Montrose County, Colorado, consisting of facilities for collection and disposition of saline ground water of Paradox Valley, including wells, pumps, pipelines, solar evaporation ponds, and all necessary appurtenant and associated works such as roads, fences, dikes, power transmission facilities, and permanent operating facilities, and consisting of measures to replace incidental fish and wildlife values foregone. (2) The Grand Valley unit, Colorado, consisting of measures and all necessary appurtenant and associated works to reduce the seepage of irrigation water from the irrigated lands of Grand Valley into the ground water and thence into the Colorado River. Measures shall include lining of canals and laterals, replacing canals and laterals with pipe, and the combining of existing canals and laterals into fewer and more efficient facilities implementing other measures to reduce salt contributions from the Grand Valley to the Colorado River, and implementing measures to replace incidental fish and wildlife values foregone.. 1 1 (3) The Las Vegas Wash unit, Nevada, consisting of facilities for collection and disposition of saline ground water of Las Vegas Wash, including infiltration galleries, pumps, desalter, pipelines, solar evaporation facilities, and all appurtenant works including but not limited to roads, fences, power transmission facilities, and operating facilities, and consisting of measures to replace incidental fish and wildlife values foregone. (4) Stage I of the Lower Gunnison Basin unit, Colorado, consisting of measures and all necessary appurtenant and associated works to reduce seepage from canals and laterals in the Uncompahgre Valley, and consisting of measures to replace incidental fish and wildlife values foregone, essentially as described in the feasibility report and final environmental statement dated February 10, 1984 (5) Portions of the McElmo Creek unit, Colorado, as components of the Dolores participating project, Colorado River Storage project, authorized by Public Law 90537 43 U.S.C. 1501 Public Law 84485 43 U.S.C. 620 Provided And provided further (6) A basinwide salinity control program that the Secretary, acting through the Bureau of Reclamation, shall implement. The Secretary may carry out the purposes of this paragraph directly, or may make grants, commitments for grants, or advances of funds to non-Federal entities under such terms and conditions as the Secretary may require. Such program shall consist of cost-effective measures and associated works to reduce salinity from saline springs, leaking wells, irrigation sources, industrial sources, erosion of public and private land, or other sources that the Secretary considers appropriate. Such program shall provide for the mitigation of incidental fish and wildlife values that are lost as a result of the measures and associated works. The Secretary shall submit a planning report concerning the program established under this paragraph to the appropriate committees of Congress. The Secretary may not expend funds for any implementation measure under the program established under this paragraph before the expiration of a 30-day period beginning on the date on which the Secretary submits such report. (7)  Basin states program. (A)  In general A Basin States Program that the Secretary, acting through the Bureau of Reclamation, shall implement to carry out salinity control activities in the Colorado River Basin using funds made available under section 1595(f) of this title (B)  Assistance The Secretary, in consultation with the Colorado River Basin Salinity Control Advisory Council, shall carry out this paragraph using funds described in subparagraph (A) directly or by providing grants, grant commitments, or advance funds to Federal or non-Federal entities under such terms and conditions as the Secretary may require. (C)  Activities Funds described in subparagraph (A) shall be used to carry out, as determined by the Secretary (i) cost-effective measures and associated works to reduce salinity from saline springs, leaking wells, irrigation sources, industrial sources, erosion of public and private land, or other sources; (ii) operation and maintenance of salinity control features constructed under the Colorado River Basin salinity control program; and (iii) studies, planning, and administration of salinity control activities. (D)  Report. (i)  In general Not later than 30 days before implementing the program established under this paragraph, the Secretary shall submit to the appropriate committees of Congress a planning report that describes the proposed implementation of the program. (ii)  Implementation The Secretary may not expend funds to implement the program established under this paragraph before the expiration of the 30-day period beginning on the date on which the Secretary submits the report, or any revision to the report, under clause (i). (b) Implementation of authorized units In implementing the units authorized to be constructed pursuant to subsection (a), the Secretary shall carry out the following directions: (1) As reports are completed describing final implementation plans for the unit, or any portion thereof, authorized by paragraph (5) of subsection (a), and prior to expenditure of funds for related construction activities, the Secretary shall submit such reports to the appropriate committees of the Congress and to the governors of the Colorado River Basin States. (2) Non-Federal entities shall be required by the Secretary to contract for the long-term operation and maintenance of canal and lateral systems constructed pursuant to activities provided for in subsection (a): Provided (3) The Secretary may, under authority of this subchapter, and limited to the purposes of this chapter, fund through a grant or contract, for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts, a non-Federal entity to organize private canal and lateral owners into formal organizations with which the Secretary may enter into a grant or contract to construct, operate, and maintain a units facilities. (4) In implementing the units authorized to be constructed or the programs pursuant to paragraphs (1), (2), (3), (4), (5), (6), and (7) of subsection (a), the Secretary shall comply with procedural and substantive State water laws. (5) The Secretary may, under authority of this subchapter and limited to the purposes of this chapter, fund through a grant or contract, for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts, a non-Federal entity to operate and maintain measures to replace incidental fish and wildlife values foregone. (6) In implementing the units authorized to be constructed pursuant to subsection (a), the Secretary shall implement measures to replace incidental fish and wildlife values foregone concurrently with the implementation of a units, or a portion of a units, related features. (c) Salinity control measures The Secretary of Agriculture shall carry out salinity control measures (including watershed enhancement and cost-share measures with livestock and crop producers) in the Colorado River Basin as part of the environmental quality incentives program established under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [ 16 U.S.C. 3839aa ( Pub. L. 93320, title II,  202 June 24, 1974 88 Stat. 271 Pub. L. 98569,  2 Oct. 30, 1984 98 Stat. 2933 Pub. L. 10420,  1(1) July 28, 1995 109 Stat. 255 Pub. L. 104127, title III,  336(c)(1) Apr. 4, 1996 110 Stat. 1006 Pub. L. 110234, title II,  2806(a) May 22, 2008 122 Stat. 1089 Pub. L. 110246,  4(a) June 18, 2008 122 Stat. 1664 Pub. L. 115334, title II,  2301(d)(2)(G) Dec. 20, 2018 132 Stat. 4555  Editorial Notes  References in Text Public Law 90537 Sept. 30, 1968 82 Stat. 885 section 1501 of this title Public Law 84485 act Apr. 11, 1956, ch. 203 70 Stat. 105 section 620 of this title The Reclamation Act of 1902, referred to in subsec. (a)(5), probably means act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title The Food Security Act of 1985, referred to in subsec. (c), is Pub. L. 99198 Dec. 23, 1985 99 Stat. 1354 section 1281 of Title 7 Codification Pub. L. 110234 Pub. L. 110246 Pub. L. 110234 section 4(a) of Pub. L. 110246 Amendments 2018Subsec. (c). Pub. L. 115334 2008Subsec. (a). Pub. L. 110246,  2806(b)(1)(A) Subsec. (a)(7). Pub. L. 110246,  2806(a) Subsec. (b)(4). Pub. L. 110246,  2806(b)(1)(B) 1996Subsec. (c). Pub. L. 104127 1995Subsec. (a). Pub. L. 10420,  1(1) Subsec. (b)(4). Pub. L. 10420,  1(4) 1984Subsec. (a). Pub. L. 98569,  2(a) Subsec. (a)(1). Pub. L. 98569,  2(b)(1) Subsec. (a)(2). Pub. L. 98569,  2(b)(2) Pub. L. 98569,  2(b)(3) Pub. L. 98569,  2(b)(4) Provided Subsec. (a)(3). Pub. L. 98569,  2(b)(5) Pub. L. 98569,  2(b)(6) Subsec. (a)(4). Pub. L. 98569,  2(b)(7) Subsec. (a)(5). Pub. L. 98569,  2(b)(7) Subsecs. (b), (c). Pub. L. 98569,  2(c) Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment of this section and repeal of Pub. L. 110234 Pub. L. 110246 May 22, 2008 Pub. L. 110234 section 4 of Pub. L. 110246 section 8701 of Title 7 Effective Date of 1984 Amendment Amendment by Pub. L. 98569 Oct. 30, 1984 section 6 of Pub. L. 98569 section 1591 of this title  1593. Planning reports; research and demonstration projects (a) The Secretary is authorized and directed to (1) Expedite completion of the planning reports on the following units, described in the Secretarys report, Colorado River Water Quality Improvement Program, February 1972; (i) Irrigation source control: Lower Gunnison Uintah Basin Colorado River Indian Reservation Palo Verde Irrigation District (ii) Point source control: LaVerkin Springs Littlefield Springs Glenwood-Dotsero Springs (iii) Diffuse source control: Price River San Rafael River Dirty Devil River McElmo Creek Big Sandy River (2) Submit each planning report on the units named in paragraph (1) of this subsection promptly to the Colorado River Basin States and to such other parties as the Secretary deems appropriate for their review and comments. After receipt of comments on a unit and careful consideration thereof, the Secretary shall submit each final report with his recommendations, simultaneously, to the President, other concerned Federal departments and agencies, the Congress, and the Colorado River Basin States. (b) The Secretary is directed (1) in the investigation, planning, construction, and implementation of any salinity control unit involving control of salinity from irrigation sources, to cooperate with the Secretary of Agriculture in carrying out research and demonstration projects and in implementing on-the-farm improvements and farm management practices and programs which will further the objective of this subchapter; (2) to undertake research on additional methods for accomplishing the objective of this subchapter, utilizing to the fullest extent practicable the capabilities and resources of other Federal departments and agencies, interstate institutions, States, and private organizations; (3) to develop a comprehensive program for minimizing salt contributions to the Colorado River from lands administered by the Bureau of Land Management and submit a report which describes the program and recommended implementation actions to the Congress and to the members of the advisory council established by section 1594(a) of this title July 1, 1987 (4) to undertake feasibility investigations of saline water use and disposal opportunities, including measures and all necessary appurtenant and associated works, to demonstrate saline water use technology and to beneficially use and dispose of saline and brackish waters of the Colorado River Basin in joint ventures with current and future industrial water users, using, but not limited to, the concepts generally described in the Bureau of Reclamation Special Report of September 1981, entitled Saline water use and disposal opportunities; and (5) to undertake advance planning activities on the Sinbad Valley Unit, Colorado, as described in the Bureau of Land Management Salinity Status Report, covering the period 19781979 and dated February 1980. ( Pub. L. 93320, title II,  203 June 24, 1974 88 Stat. 271 Pub. L. 98569,  3 Oct. 30, 1984 98 Stat. 2937  Editorial Notes Amendments 1984Subsec. (b)(3) to (5). Pub. L. 98569 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98569 Oct. 30, 1984 section 6 of Pub. L. 98569 section 1591 of this title  1594. Colorado River Basin Salinity Control Advisory Council (a) There is created the Colorado River Basin Salinity Control Advisory Council composed of no more than three members from each State appointed by the Governor of each of the Colorado River Basin States. (b) The Council shall be advisory only and shall (1) act as liaison between both the Secretaries of Interior and Agriculture and the Administrator of the Environmental Protection Agency and the States in accomplishing the purposes of this subchapter; (2) receive reports from the Secretary on the progress of the salinity control program and review and comment on said reports; and (3) recommend to both the Secretary and the Administrator of the Environmental Protection Agency appropriate studies of further projects, techniques, or methods for accomplishing the purposes of this subchapter. ( Pub. L. 93320, title II,  204 June 24, 1974 88 Stat. 272  Statutory Notes and Related Subsidiaries Termination of Advisory Councils Advisory councils established after Jan. 5, 1973  1595. Salinity control units; authority and functions of Secretary of the Interior (a) Allocation of costs The Secretary shall allocate the total costs (excluding costs borne by non-Federal participants) of the on-farm measures authorized by section 1592(c) of this title section 1592(a) of this title (1) In recognition of Federal responsibility for the Colorado River as an interstate stream and for international comity with Mexico, Federal ownership of the lands of the Colorado River Basin from which most of the dissolved salts originate, and the policy embodied in the Federal Water Pollution Control Act Amendments of 1972 ( 86 Stat. 816 33 U.S.C. 1251 section 1592(a) of this title section 1592(c) of this title 1 1 2 2 (2) The reimbursable portion of the total costs shall be allocated between the Upper Colorado River Basin Fund established by section 5(a) of the Colorado River Storage Project Act ( 70 Stat. 107 43 U.S.C. 620d(a) section 1543(a) of this title section 1594(a) of this title (i) benefits to be derived in each basin from the use of water of improved quality and the use of works for improved water management; (ii) causes of salinity; and (iii) availability of revenues in the Lower Colorado River Basin Development Fund and increased revenues to the Upper Colorado River Basin Fund made available under section 620d(d)(5) of this title Provided (3) Costs of construction and replacement of each unit or separable feature thereof authorized by sections 3 3 3 (4) (i) Costs of construction and replacement of each unit or separable feature thereof authorized by paragraphs (4) through (6) of section 1592 4 4 section 1592(c) of this title 4 section 1592(c) of this title (ii) Costs allocated to the upper basin shall be repaid with interest within a fifty-year period, or within a period equal to the estimated life of the unit, separable feature thereof, replacement, or on-farm measure, whichever is less, from the date such unit, separable feature thereof, replacement, or on-farm measure is determined by the Secretary or the Secretary of Agriculture to be in operation. (iii) Costs allocated to the lower basin shall be repaid without interest as such costs are incurred to the extent that money is available from the Lower Colorado River Basin development fund to repay costs allocated to the lower basin. If in any fiscal year the money available from the Lower Colorado River Basin development fund for such repayment is insufficient to repay the costs allocated to the lower basin, as provided in the preceding sentence, the deficiency shall be repaid with interest as soon as money becomes available in the fund for repayment of those costs. (iv) The interest rates used pursuant to this chapter shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period during the month preceding October 30, 1984 October 30, 1984 (5) Costs of operation and maintenance of each unit or separable feature thereof authorized by section 1592(a) of this title 5 5 section 1592(b)(2) of this title (b) Costs payable from Lower Colorado River Basin Development Fund (1) Costs of construction, operation, maintenance, and replacement of each unit or separable feature thereof authorized by section 1592(a) of this title section 1592(c) of this title section 1543(g)(2) of this title (2) Omitted (c) Costs payable from Upper Colorado River Basin Fund Costs of construction, operation, maintenance, and replacement of each unit or separable feature thereof authorized by section 1592(a) of this title section 1592(c) of this title section 620d(d)(5) of this title (d) Omitted (e) Upward adjustment of rates for electrical energy The Secretary is authorized to make upward adjustments in rates charged for electrical energy under all contracts administered by the Secretary under the Colorado River Storage Project Act ( 70 Stat. 105 43 U.S.C. 620 Provided (f) Up-front cost share (1) In general Effective beginning on the date of enactment of this paragraph, subject to paragraph (3), the cost share obligations required by this section shall be met through an up-front cost share from the Basin Funds, in the same proportions as the cost allocations required under subsection (a), as provided in paragraph (2). (2) Basin States Program The Secretary shall expend the required cost share funds described in paragraph (1) through the Basin States Program for salinity control activities established under section 1592(a)(7) of this title (3) Existing salinity control activities The cost share contribution required by this section shall continue to be met through repayment in a manner consistent with this section for all salinity control activities for which repayment was commenced prior to the date of enactment of this paragraph. ( Pub. L. 93320, title II,  205 June 24, 1974 88 Stat. 272 Pub. L. 98569,  4(a) Oct. 30, 1984 98 Stat. 29372939 Pub. L. 10420,  1(2) July 28, 1995 109 Stat. 255 Pub. L. 104127, title III,  336(c)(2) Apr. 4, 1996 110 Stat. 1006 Pub. L. 110234, title II,  2806(b)(2) May 22, 2008 122 Stat. 1090 Pub. L. 110246,  4(a) June 18, 2008 122 Stat. 1664  Editorial Notes  References in Text The Federal Water Pollution Control Act Amendments of 1972, referred to in subsec. (a)(1), is Pub. L. 92500 Oct. 18, 1972 86 Stat. 816 section 1251 of Title 33 Section 1543(g)(2) of this title section 205(b)(2) of this title section 205(b)(2) of title II of Pub. L. 93320 section 1543(g)(2) of this title Section 620d(d)(5) of this title section 205(d) of this title section 205(d) of title II of Pub. L. 93320 section 620d(d)(5) of this title The Colorado River Storage Project Act, referred to in subsec. (d), is act Apr. 11, 1956, ch. 203 70 Stat. 105 section 620 of this title The date of enactment of this paragraph, referred to in subsec. (f)(1), (3), is the date of enactment of Pub. L. 110246 June 18, 2008 Codification Pub. L. 110234 Pub. L. 110246 Pub. L. 110234 section 4(a) of Pub. L. 110246 Section is comprised of section 205 of Pub. L. 93320 section 205 of Pub. L. 93320 Amendments 2008Subsec. (f). Pub. L. 110246,  2806(b)(2) 1996Subsec. (a). Pub. L. 104127,  336(c)(2)(A) section 1592(c)(2)(C) of this title Subsec. (f). Pub. L. 104127,  336(c)(2)(B) 1995Subsec. (a)(1). Pub. L. 10420,  1(2)(A) Subsec. (a)(4)(i). Pub. L. 10420,  1(2)(B) 1984Subsec. (a). Pub. L. 98569,  4(a) section 1592(c)(2)(C) of this title section 1592(c) of this title Subsec. (a)(1). Pub. L. 98569,  4(b) section 1592(c) of this title Subsec. (a)(3). Pub. L. 98569,  4(d) Subsec. (a)(4), (5). Pub. L. 98569,  4(e) Subsec. (b). Pub. L. 98569,  4(f)(1) section 1592(a) of this title section 1592(c) of this title Subsec. (c). Pub. L. 98569,  4(g) section 1592(a) of this title section 1592(c) of this title Subsec. (e). Pub. L. 98569,  4(i) Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment of this section and repeal of Pub. L. 110234 Pub. L. 110246 May 22, 2008 Pub. L. 110234 section 4 of Pub. L. 110246 section 8701 of Title 7 Effective Date of 1984 Amendment Amendment by Pub. L. 98569 Oct. 30, 1984 section 6 of Pub. L. 98569 section 1591 of this title Termination of Advisory Councils Advisory councils established after Jan. 5, 1973  1596. Biennial report to President, Congress, and Advisory Council  Commencing on January 1, 1975 section 1594(a) of this title section 620n of this title section 615ww of this title section 616e of this title ( Pub. L. 93320, title II,  206 June 24, 1974 88 Stat. 274  Editorial Notes  References in Text Sections 615ww and 616e of this title, referred to in text, were omitted from the Code. Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Termination of Advisory Councils Advisory councils established after Jan. 5, 1973  1597. Construction of provisions of subchapter  Except as provided in sections 620d(d)(5), 1543(g)(2), and 1595(b) of this title, with respect to the Colorado River Basin Project Act [ 43 U.S.C. 1501 43 U.S.C. 620 45 Stat. 1057 63 Stat. 31 59 Stat. 1219 45 Stat. 1057 43 U.S.C. 617 54 Stat. 774 43 U.S.C. 618a 43 U.S.C. 618 70 Stat. 111 43 U.S.C. 620n 82 Stat. 885 76 Stat. 393 43 U.S.C. 616e 76 Stat. 102 43 U.S.C. 615ww 42 U.S.C. 4321 33 U.S.C. 1251 ( Pub. L. 93320, title I,  207 June 24, 1974 88 Stat. 274  Editorial Notes  References in Text Sections 620d(d)(5), 1543(g)(2), and 1595(b) of this title, referred to in text, was in the original a reference to section 205(b) and 205(d) of this title, meaning section 205(b) and (d) of title II of Pub. L. 93320 section 1595(b) of this title section 1543(g)(2) of this title section 620d(d)(5) of this title This subchapter, referred to in text, was in the original this title, meaning title II of Pub. L. 93320 The Colorado River Basin Project Act, referred to in text, is Pub. L. 90537 Sept. 30, 1968 82 Stat. 885 section 1501 of this title The Colorado River Storage Project Act, referred to in text, is act Apr. 11, 1956, ch. 203 70 Stat. 105 section 620 of this title The Colorado River Compact ( 45 Stat. 1057 63 Stat. 31 The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42 45 Stat. 1057 section 617t of this title The Boulder Canyon Project Adjustment Act, referred to in text, is act July 19, 1940, ch. 643 54 Stat. 774 o Section 6 of the Fryingpan-Arkansas Project Act [ 43 U.S.C. 616e 43 U.S.C. 615ww The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Federal Water Pollution Control Act, as amended, referred to in text, is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of Title 33  1598. Achieving project objectives (a) Modification of projects The Secretary is authorized to provide for modifications of the projects authorized by this subchapter as determined to be appropriate for purposes of meeting the objective of this subchapter. No funds for any such modification shall be expended until the expiration of sixty days after the proposed modification has been submitted to appropriate committees of the Congress, except that funds may be expended prior to the expiration of such sixty days in any case in which the Congress approves an earlier date by concurrent resolution. The Governors of the Colorado River Basin States shall be notified of these changes. (b) Contract authority; authorization of appropriations The Secretary is hereby authorized to enter into contracts that he deems necessary to carry out the provisions of this subchapter, in advance of the appropriation of funds therefor. There is hereby authorized to be appropriated the sum of $125,100,000 for the construction of the works and for other purposes authorized in section 1592(a) or (b) of this title, based on April 1973 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations in costs involved therein, and such sums as may be required to operate and maintain such works. The funds authorized to be appropriated by this section may be used for construction of any or all of the works or portions thereof and for other purposes authorized in subsection (a), including measures as provided for in subsection (b) of section 1592 of this title 42 U.S.C. 4601 (c) Implementation of basinwide salinity control program In addition to the amounts authorized to be appropriated under subsection (b), there are authorized to be appropriated $175,000,000 for section 1592(a) of this title section 1592(a) of this title section 1592(a)(6) of this title ( Pub. L. 93320, title II,  208 June 24, 1974 88 Stat. 274 Pub. L. 98569,  5 Oct. 30, 1984 98 Stat. 2939 Pub. L. 10420,  1(3) July 28, 1995 109 Stat. 256 Pub. L. 106459,  1 Nov. 7, 2000 114 Stat. 1987  Editorial Notes  References in Text The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (b), is Pub. L. 91646 Jan. 2, 1971 84 Stat. 1894 section 4601 of Title 42 Amendments 2000Subsec. (c). Pub. L. 106459 section 1592(a) of this title section 1592(a) of this title section 1592(a) of this title section 1592(a)(6) of this title 1995Subsec. (c). Pub. L. 10420 1984Subsec. (a). Pub. L. 98569,  5(a) Subsec. (b). Pub. L. 98569,  5(b)(1) Pub. L. 98569,  5(b)(2) section 1592 of this title Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98569 Oct. 30, 1984 section 6 of Pub. L. 98569 section 1591 of this title  1599. Definitions As used in this subchapter (a) all terms that are defined in the Colorado River Compact shall have the meanings therein defined; (b) Colorado River Basin States means the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming. ( Pub. L. 93320, title II,  209 June 24, 1974 88 Stat. 275 CHAPTER 32B COLORADO RIVER FLOODWAY    Sec.  1600. Findings and purposes.  1600a. Definitions.  1600b. Colorado River Floodway Task Force.  1600c. Colorado River Floodway.  1600d. Limitations on Federal expenditures affecting Floodway.  1600e. Exceptions.  1600f. Certification of compliance.  1600g. Priority of laws.  1600h. Separability.  1600i. Reports to Congress.  1600j. Federal leases.  1600k. Notices and existing laws.  1600l. Authorization of appropriations.  1600. Findings and purposes (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. 99450,  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. 99450 Oct. 8, 1986 100 Stat. 1129 section 4029 of Title 42 Statutory Notes and Related Subsidiaries Short Title Pub. L. 99450,  1 Oct. 8, 1986 100 Stat. 1129 This Act [enacting this chapter and section 4029 of Title 42  1600a. Definitions (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 1 (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 2 2 (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. 99450,  3 Oct. 8, 1986 100 Stat. 1129 Pub. L. 103437,  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. 99272, title XIV,  1400(a)(1) Apr. 7, 1986 100 Stat. 327 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 Pub. L. 99450 Codification In subsec. (b)(1),  section 6702 of title 31 31 U.S.C. 1221 Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 Amendments 1994Subsec. (a). Pub. L. 103437  1600b. Colorado River Floodway Task Force (a) Establishment and membership To advise the Secretary and the Congress there shall be a Colorado River Floodway Task Force, which shall include one representative of (1) each State (appointed by the Governor) and Indian reservation in which the Floodway is located; (2) each county in which the Floodway is located; (3) a law enforcement agency from each county in which the Floodway is located; (4) each water district in which the Floodway is located; (5) the cities of Needles, Parker, Blythe, Bullhead City, Yuma, Laughlin, Lake Havasu City, Nevada (if and when incorporated), and Mojave County, Arizona Supervisor District No. 2 (chosen by, but not a member of the Board of Supervisors); (6) of the Chamber of Commerce from each county in which the Floodway is located; (7) the Colorado River Wildlife Council; (8) the Army Corps of Engineers; (9) the Federal Emergency Management Agency (FEMA); (10) the Department of Agriculture; (11) the Department of the Interior; and (12) the Department of State. (b) Charter and operation; reports and recommendations The task force shall be chartered and operate under the provisions of chapter 10 of title 5 and shall prepare recommendations concerning the Colorado River Floodway, which recommendations shall deal with: (1) the means to restore and maintain the Floodway specified in section 1600c of this title (2) the necessity for additional Floodway management legislation at local, tribal, State, and Federal levels; (3) the development of specific design criteria for the creation of the Floodway boundaries; (4) the review of mapping procedures for Floodway boundaries; (5) whether compensation should be recommended in specific cases of economic hardship resulting from impacts of the 1983 flood on property outside the Floodway which could not reasonably have been foreseen; and (6) the potential application of the Floodway on Indian lands and recommended legislation or regulations that might be needed to achieve the purposes of the Floodway taking into consideration the special Federal status of Indian lands. (c) Termination of task force; report to Secretary and Congressional Committees The task force shall exist for at least one year after October 8, 1986 1 1 October 8, 1986 ( Pub. L. 99450,  4 Oct. 8, 1986 100 Stat. 1130 Pub. L. 117286,  4(a)(284) Dec. 27, 2022 136 Stat. 4337  Editorial Notes  References in Text Section 1600c(b)(2) of this title Pub. L. 105362, title IX,  901(d)(1) Nov. 10, 1998 112 Stat. 3289 Amendments 2022Subsec. (b). Pub. L. 117286 Public Law 92463 Statutory Notes and Related Subsidiaries  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 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 section 542 of Title 6  1600c. Colorado River Floodway (a) Establishment There is established the Colorado River Floodway as identified and generally depicted on maps that are to be submitted by the Secretary. (b) Study of tributary floodflows; determination of Floodway boundary Within eighteen months after October 8, 1986 (1) complete a study of the tributary floodflows downstream of Davis Dam; (2) define the specific boundaries of the Colorado River Floodway so that the Floodway can accommodate either a one-in-one hundred year river flow consisting of controlled releases and tributary inflow, or a flow of forty thousand cubic feet per second (cfs), whichever is greater, from below Davis Dam to the Southerly International Boundary between the United States of America and the Republic of Mexico. (c) Review and modification of boundaries; notice and comment; written justification for decision of Secretary (1) The Secretary shall conduct, at least once every five years, a review of the Colorado River Floodway and make, after notice to and in consultation with appropriate chief executive officers of States, counties, municipalities, water districts, Indian tribes, or equivalent jurisdictions in which the Floodway is located, and others, such minor and technical modifications to the boundaries of the Floodway as are necessary solely to reflect changes that have occurred in the size or location of any portion of the floodplain as a result of natural forces, and as necessary pursuant to subsection (c) of section 1600e of this title (2) If, in the case of any minor and technical modification to the boundaries of the Floodway made under the authority of this subsection, an appropriate chief executive officer of a State, county, municipality, water district, Indian tribe, or equivalent jurisdiction, to which notice was given in accordance with this subsection files comments disagreeing with all or part of the modification and the Secretary makes a modification which is in conflict with such comments, the Secretary shall submit to the chief executive officer a written justification for his failure to make modifications consistent with such comments or proposals. ( Pub. L. 99450,  5 Oct. 8, 1986 100 Stat. 1131 Pub. L. 105362, title IX,  901(d) Nov. 10, 1998 112 Stat. 3289  Editorial Notes Amendments 1998Subsec. (b). Pub. L. 105362,  901(d)(1) Subsec. (c)(1). Pub. L. 105362,  901(d)(2)  1600d. Limitations on Federal expenditures affecting Floodway (a) Except as provided in section 1600e of this title section 1600c of this title (b) An expenditure or financial assistance made available under authority of Federal law shall, for purposes of this chapter, be a new expenditure or new financial assistance if (1) in any case with respect to which specific appropriations are required, no money for construction or purchase purposes was appropriated before October 8, 1986 (2) no legally binding commitment for the expenditure or financial assistance was made before October 8, 1986 ( Pub. L. 99450,  6 Oct. 8, 1986 100 Stat. 1132  1600e. Exceptions Notwithstanding section 1600d of this title (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 (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 1 42 U.S.C. 5145 1 Public Law 93288 42 U.S.C. 5121 October 8, 1986 Provided (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. 99450,  7 Oct. 8, 1986 100 Stat. 1132 Pub. L. 109295, title VI,  612(c) Oct. 4, 2006 120 Stat. 1410 Pub. L. 113287,  5 l 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. 93288 May 22, 1974 88 Stat. 143 Pub. L. 100707 Nov. 23, 1988 102 Stat. 4689 Section 102(b) of Pub. L. 100707 Pub. L. 106390, title III,  301 Oct. 30, 2000 114 Stat. 1572 Section 105(d) of Pub. L. 100707 42 U.S.C. 5145 42 U.S.C. 5148 section 5121 of Title 42 Amendments 2014Subsec. (e)(3). Pub. L. 113287 16 U.S.C. 460 l 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. 109295 section 313 of Title 6 Pub. L. 109295 Mar. 31, 2007 section 612(f)(2) of Pub. L. 109295 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 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 section 542 of Title 6  1600f. Certification of compliance  The Secretary of the Interior shall, on behalf of each Federal agency concerned, make written certification that each agency has complied with the provisions of this chapter during each fiscal year beginning after September 30, 1985 ( Pub. L. 99450,  8 Oct. 8, 1986 100 Stat. 1134  Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1600g. Priority of laws  Nothing contained in this chapter shall be construed to alter, amend, repeal, modify, interpret, or be in conflict with the provisions of the Colorado River Compact ( 45 Stat. 1057 63 Stat. 31 59 Stat. 1219 58 Stat. 887 45 Stat. 1057 43 U.S.C. 617 54 Stat. 774 43 U.S.C. 618a 43 U.S.C. 618 70 Stat. 105 43 U.S.C. 620 43 U.S.C. 620 82 Stat. 885 43 U.S.C. 1501 43 U.S.C. 1501 ( Pub. L. 99450,  9 Oct. 8, 1986 100 Stat. 1134  Editorial Notes  References in Text The Colorado River Compact ( 45 Stat. 1057 63 Stat. 31 The Flood Control Act of 1944, referred to in text, is act Dec. 22, 1944, ch. 665 58 Stat. 887 section 390 of this title The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42 45 Stat. 1057 section 617t of this title The Boulder Canyon Project Adjustment Act, referred to in text, is act July 19, 1940, ch. 643 54 Stat. 774 o The Colorado River Storage Project Act, referred to in text, is act Apr. 11, 1956, ch. 203 70 Stat. 105 section 620 of this title The Colorado River Basin Project Act, referred to in text, is Pub. L. 90537 Sept. 30, 1968 82 Stat. 885 section 1501 of this title  1600h. Separability  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. 99450,  10 Oct. 8, 1986 100 Stat. 1134  1600i. Reports to Congress  Within one year after October 8, 1986 section 1600b(b) of this title ( Pub. L. 99450,  11 Oct. 8, 1986 100 Stat. 1134  1600j. Federal leases (a) Lease of lands owned in whole or in part by United States within Floodway; determination of consistency with operation and maintenance No lease of lands owned in whole or in part by the United States and within the Colorado River Floodway shall be granted after October 8, 1986 (b) Extension of existing leases; minimization of inconsistency with operation and maintenance of Floodway No existing lease of lands owned in whole or in part by the United States and within the Colorado River Floodway shall be extended beyond October 8, 1986 (c) Lease of lands owned in whole or in part by United States between Hoover Dam and Davis Dam No lease of lands owned in whole or part by the United States between Hoover Dam and Davis Dam below elevation 655.0 feet on Lake Mohave shall be granted unless the Secretary determines that such lease would be consistent with the operation of Lake Mohave. (d) Lease operations on Indian lands The provisions of subsections (a) and (b) of this section shall not apply to lease operations on Indian lands pursuant to a lease providing for activities which are exempted under section 1600e of this title (e) Lands held in trust by United States for benefit of Indian tribes or individuals Subsections (a) and (b) of this section shall not apply to lands held in trust by the United States for the benefit of any Indian tribe or individual with respect to any lease where capital improvements, and operation and maintenance costs are not provided for by Federal financial assistance if the lessee, tribe, or individual has provided insurance or other security for the benefit of the Secretary sufficient to insure against all reasonably forseeable, 1 1 ( Pub. L. 99450,  13 Oct. 8, 1986 100 Stat. 1135  1600k. Notices and existing laws (a) Provisions relating to construction work, liability for damage, etc., on Mississippi River; notice to lessees (1) Nothing in this chapter shall alter or affect in any way the provisions of section 702c of title 33 (2) The Secretary shall provide notice of the provisions of section 702c of title 33 (b) National Flood Insurance Act and National Flood Insurance Program; continuation Except as otherwise specifically provided in this chapter, all provisions of the National Flood Insurance Act of 1968, as amended [ 42 U.S.C. 4001 (c) National Flood Insurance Act provisions relating directly to Floodway; notice to communities affected The Secretary shall publish notice on three successive occasions in newspapers of general circulation in communities affected by the provisions of section 4029 of title 42 ( Pub. L. 99450,  14 Oct. 8, 1986 100 Stat. 1136  Editorial Notes  References in Text The National Flood Insurance Act of 1968, referred to in subsec. (b), is title XIII of Pub. L. 90448 Aug. 1, 1968 82 Stat. 572 section 4001 of Title 42  1600l. Authorization of appropriations  There is authorized to be appropriated to the Department of the Interior $600,000, through the end of fiscal year 1990, in addition to any other funds now available to the Department to discharge its duties to implement sections 1600b to 1600k of this title and section 4029 of title 42 Provided section 4029 of title 42 Provided further And Provided further Public Law 93638 25 U.S.C. 5301 ( Pub. L. 99450,  15 Oct. 8, 1986 100 Stat. 1136  Editorial Notes  References in Text Public Law 93638 Pub. L. 93638 Jan. 4, 1975 88 Stat. 2203 section 5301 of Title 25 Statutory Notes and Related Subsidiaries  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 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 section 542 of Title 6 CHAPTER 33 ALASKA NATIVE CLAIMS SETTLEMENT    Sec.  1601. Congressional findings and declaration of policy.  1602. Definitions.  1603. Declaration of settlement.  1604. Enrollment.  1605. Alaska Native Fund.  1606. Regional Corporations.  1607. Village Corporations.  1608. Revenue sharing.  1609. Limitation of actions.  1610. Withdrawal of public lands.  1611. Native land selections.  1612. Surveys.  1613. Conveyance of lands.  1613a. ANCSA amendment.  1614. Timber sale contracts; modification; timber from contingency area.  1615. Withdrawal and selection of public lands; funds in lieu of acreage.  1616. Joint Federal-State Land Use Planning Commission for Alaska.  1617. Revocation of Indian allotment authority in Alaska.  1618. Revocation of reserved rights; excepted reserve; acquisition of title to surface and subsurface estates in reserve; election of Village Corporations; restoration of land to Elim Native Corporation.  1619. Attorney and consultant fees.  1620. Taxation.  1621. Miscellaneous provisions.  1622. Annual reports to Congress until 1984; submission in 1985 of report of status of Natives, summary of actions taken, and recommendations.  1623. Authorization of appropriations.  1624. Regulations; issuance; publication in Federal Register.  1625. Securities laws exemption.  1626. Relation to other programs.  1627. Merger of Native corporations.  1628. Assignments by Regional Corporations of rights to receive payments from Fund.  1629. Cape Krusenstern National Monument land exchange between United States and NANA Regional Corporation, Inc.  1629a. Relinquishment by NANA Regional Corporation, Inc., of lands compact and contiguous to public lands in Cape Krusenstern National Monument.  1629b. Procedures for considering amendments and resolutions.  1629c. Duration of alienability restrictions.  1629d. Dissenters rights.  1629e. Settlement Trust option.  1629f. Claims arising from contamination of transferred lands.  1629g. Open season for certain Alaska Native veterans for allotments.  1629g1. Alaska Native Vietnam era veterans land allotment.  1629h. Kake Tribal Corporation land transfer.  1601. Congressional findings and declaration of policy Congress finds and declares that (a) there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; (b) the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska; (c) no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 1 1 December 18, 1971 (d) no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any tribe, band, or identifiable group of American Indians; (e) no provision of this chapter shall effect a change or changes in the petroleum reserve policy reflected in sections 8721 through 8738 of title 10 except as specifically provided in this chapter; (f) no provision of this chapter shall be construed to constitute a jurisdictional act, to confer jurisdiction to sue, nor to grant implied consent to Natives to sue the United States or any of its officers with respect to the claims extinguished by the operation of this chapter; and (g) no provision of this chapter shall be construed to terminate or otherwise curtail the activities of the Economic Development Administration or other Federal agencies conducting loan or loan and grant programs in Alaska. For this purpose only, the terms Indian reservation and trust or restricted Indian-owned land areas in Public Law 89136 42 U.S.C. 3121 ( Pub. L. 92203,  2 Dec. 18, 1971 85 Stat. 688 Pub. L. 115232, div. A, title VIII,  809(p) Aug. 13, 2018 132 Stat. 1844  Editorial Notes  References in Text The Public Works and Economic Development Act of 1965, referred to in subsec. (g), is Pub. L. 89136 Aug. 26, 1965 79 Stat. 552 section 3121 of Title 42 Amendments 2018Subsec. (e). Pub. L. 115232 Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Amendment by Pub. L. 115232 Feb. 1, 2019 section 800 of Pub. L. 115232 section 3001 of Title 10 Short Title of 2004 Amendment Pub. L. 108452,  1(a) Dec. 10, 2004 118 Stat. 3575 This Act [amending sections 1611, 1613, 1617, 1621, 1629g, and 1635 of this title, enacting provisions set out as notes under sections 852, 1602, 1611, 1617, and 1635 of this title, and amending provisions set out as notes under section 852 of this title section 21 of Title 48 Short Title of 2000 Amendment Pub. L. 106283,  1 Oct. 6, 2000 114 Stat. 867 This Act [enacting section 1629h of this title section 1629h of this title Short Title of 1998 Amendment Pub. L. 105333,  14 Oct. 31, 1998 112 Stat. 3136 This Act [amending sections 1606, 1611, 1621, 1626, 1629e, 1634, and 1636 of this title and section 3197 of Title 16 section 3198 of Title 16 Short Title of 1992 Amendment Pub. L. 102415,  1 Oct. 14, 1992 106 Stat. 2112 This Act [amending sections 1606, 1617, 1620, 1621, 1626, and 1634 of this title and section 3198 of Title 16 section 852 of this title section 539 of Title 16 Short Title of 1988 Amendment Pub. L. 100241,  1(a) Feb. 3, 1988 101 Stat. 1788 This Act [enacting sections 1629b to 1629e of this title, amending sections 1602, 1606, 1607, 1620, 1625 to 1627, and 1636 of this title, section 78m of Title 15 section 1702 of Title 30 section 1702 of Title 30 Short Title Pub. L. 92203,  1 Dec. 18, 1971 85 Stat. 688 That this Act [enacting this chapter] may be cited as the Alaska Native Claims Settlement Act. Savings Provision Provisions of Federal Land Policy and Management Act of 1976, Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 701 of Pub. L. 94579 section 1701 of this title Pub. L. 92203,  26 Dec. 18, 1971 85 Stat. 715 To the extent that there is a conflict between any provision of this Act [enacting this chapter] and any other Federal laws applicable to Alaska, the provisions of this Act shall govern. Severability Pub. L. 92203,  27 Dec. 18, 1971 85 Stat. 716 Pub. L. 100241,  13 Feb. 3, 1988 101 Stat. 1810 The provisions of this Act, as amended [enacting this chapter], and the Alaska Native Claims Settlement Act Amendments of 1987 [ Pub. L. 100241 Congressional Findings and Declaration of Policy Pub. L. 100241,  2 Feb. 3, 1988 101 Stat. 1788  The Congress finds and declares that (1) the Alaska Native Claims Settlement Act [this chapter] was enacted in 1971 to achieve a fair and just settlement of all aboriginal land and hunting and fishing claims by Natives and Native groups of Alaska with maximum participation by Natives in decisions affecting their rights and property; (2) the settlement enabled Natives to participate in the subsequent expansion of Alaskas economy, encouraged efforts to address serious health and welfare problems in Native villages, and sparked a resurgence of interest in the cultural heritage of the Native peoples of Alaska; (3) despite these achievements and Congresss desire that the settlement be accomplished rapidly without litigation and in conformity with the real economic and social needs of Natives, the complexity of the land conveyance process and frequent and costly litigation have delayed implementation of the settlement and diminished its value; (4) Natives have differing opinions as to whether the Native Corporation, as originally structured by the Alaska Native Claims Settlement Act, is well adapted to the reality of life in Native villages and to the continuation of traditional Native cultural values; (5) to ensure the continued success of the settlement and to guarantee Natives continued participation in decisions affecting their rights and property, the Alaska Native Claims Settlement Act must be amended to enable the shareholders of each Native Corporation to structure the further implementation of the settlement in light of their particular circumstances and needs; (6) among other things, the shareholders of each Native Corporation must be permitted to decide (A) when restrictions on alienation of stock issued as part of the settlement should be terminated, and (B) whether Natives born after December 18, 1971 (7) by granting the shareholders of each Native Corporation options to structure the further implementation of the settlement, Congress is not expressing an opinion on the manner in which such shareholders choose to balance individual rights and communal rights; (8) no provision of this Act [see Short Title of 1988 Amendment note above] shall (A) unless specifically provided, constitute a repeal or modification, implied or otherwise, of any provision of the Alaska Native Claims Settlement Act; or (B) confer on, or deny to, any Native organization any degree of sovereign governmental authority over lands (including management, or regulation of the taking, of fish and wildlife) or persons in Alaska; and (9) the Alaska Native Claims Settlement Act and this Act are Indian legislation enacted by Congress pursuant to its plenary authority under the Constitution of the United States to regulate Indian affairs. Judicial Review Pub. L. 100241,  16 Feb. 3, 1988 101 Stat. 1813  (a)  Statute of Limitations (1) Notwithstanding any other provision of law, a civil action that challenges the constitutionality of an amendment made by, or other provision of this Act (the Alaska Native Claims Settlement Act Amendments of 1987) [see Short Title of 1988 Amendment note above] shall be barred unless filed within the periods specified in this subsection. (2) If a civil action described in paragraph (1) challenges (A) the issuance or distribution of Settlement Common Stock for less than fair market value consideration pursuant to section 7(g)(1)(B) or 7(g)(2)(C)(ii) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1606(g)(1)(B) (B) an extension of alienability restrictions that involves the issuance of stock pursuant to subsections [sic] (c) or (d) of section 37 of such Act [ 43 U.S.C. 1629c(c) (C) the denial of dissenters rights after the rejection of an amendment to terminate alienability restrictions pursuant to section 37(b) of such Act; such civil action shall be barred unless it is filed within one year after the date of the shareholder vote authorizing such issuance or distribution, extension of restrictions, or denial of right, and unless a request for a declaratory judgment or injunctive relief is made before stock is issued or distributed. (3) Any other civil action described in paragraph (1) shall be barred unless it is filed within two years of the date of the enactment of this Act [ Feb. 3, 1988 (4) No Native Corporation taking an action described in paragraph (2)(A), (2)(B), or (2)(C) shall issue or distribute stock sooner than fourteen days after the date of the shareholder vote authorizing such action. (b)  Jurisdiction and Procedure (1) The United States District Court for the District of Alaska shall have exclusive original jurisdiction over a civil action described in subsection (a)(1). The action shall be heard and determined by a court of three judges as provided in section 2284 of title 28 (2) No money judgment shall be entered against the United States in a civil action subject to this section. (c)  Statement of Purpose The purpose of the limitation on civil actions established by this section is (1) to ensure that after the expiration of a reasonable period of time, Native Shareholders, Native Corporations, the United States, and the State of Alaska and its political subdivisions will be able to plan their affairs with certainty in full reliance on the provisions of this Act, and (2) to eliminate the possibility that the United States will incur a monetary liability as a result of the enactment of this Act. Disclaimer Pub. L. 100241,  17 Feb. 3, 1988 101 Stat. 1814  (a) No provision of this Act (the Alaska Native Claims Settlement Act Amendments of 1987) [see Short Title of 1988 Amendment note above], exercise of authority pursuant to this Act, or change made by, or pursuant to, this Act in the status of land shall be construed to validate or invalidate or in any way affect (1) any assertion that a Native organization (including a federally recognized tribe, traditional Native council, or Native council organized pursuant to the Act of June 18, 1934 48 Stat. 987 25 U.S.C. 5101 (2) any assertion that Indian country (as defined by 18 U.S.C. 1151 (b) Nothing in the Alaska Native Claims Settlement Act Amendments of 1987 (or any amendment made thereby) shall be construed (1) to diminish or enlarge the ability of the Federal Government to assess, collect, or otherwise enforce any Federal tax, or (2) to affect, for Federal tax purposes, the valuation of any stock issued by a Native Corporation.  1602. Definitions For the purposes of this chapter, the term (a) Secretary means the Secretary of the Interior; (b) Native means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla 1 1 (c) Native village means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives; (d) Native group means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality; (e) Public lands means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal installation, and (2) land selections of the State of Alaska which have been patented or tentatively approved under section 6(g) of the Alaska Statehood Act, as amended ( 72 Stat. 341 77 Stat. 223 January 17, 1969 (f) State means the State of Alaska; (g) Regional Corporation means an Alaska Native Regional Corporation established under the laws of the State of Alaska in accordance with the provisions of this chapter; (h) Person means any individual, group, firm, corporation, association, or partnership; (i) Municipal Corporation means any general unit of municipal government under the laws of the State of Alaska; (j) Village Corporation means an Alaska Native Village Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of a Native village in accordance with the terms of this chapter. 2 2 (k) Fund means the Alaska Native Fund in the Treasury of the United States established by section 1605 of this title (l) Planning Commission means the Joint Federal-State Land Use Planning Commission established by section 1616 of this title (m) Native Corporation means any Regional Corporation, any Village Corporation, any Urban Corporation, and any Group Corporation; (n) Group Corporation means an Alaska Native Group Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of members of a Native group in accordance with the terms of this chapter; (o) Urban Corporation means an Alaska Native Urban Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of members of an urban community of Natives in accordance with the terms of this chapter; (p) Settlement Common Stock means stock of a Native Corporation issued pursuant to section 1606(g)(1) of this title section 1606(h)(1) of this title (q) Replacement Common Stock means stock of a Native Corporation issued in exchange for Settlement Common Stock pursuant to section 1606(h)(3) of this title (r) Descendant of a Native means (1) a lineal descendant of a Native or of an individual who would have been a Native if such individual were alive on December 18, 1971 (2) an adoptee of a Native or of a descendant of a Native, whose adoption (A) occurred prior to his or her majority, and (B) is recognized at law or in equity; (s) Alienability restrictions means the restrictions imposed on Settlement Common Stock by section 1606(h)(1)(B) of this title (t) Settlement Trust means a trust (1) established and registered by a Native Corporation under the laws of the State of Alaska pursuant to a resolution of its shareholders, and (2) operated for the benefit of shareholders, Natives, and descendants of Natives, in accordance with section 1629e of this title ( Pub. L. 92203,  3 Dec. 18, 1971 85 Stat. 689 Pub. L. 96487, title XIV,  1401(d) Dec. 2, 1980 94 Stat. 2492 Pub. L. 100241,  3 Feb. 3, 1988 101 Stat. 1789 Pub. L. 106194,  3 May 2, 2000 114 Stat. 243  Editorial Notes  References in Text Section 6(g) of the Alaska Statehood Act, as amended, referred to in subsec. (e), is section 6(g) of Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 Amendments 2000Subsec. (t)(2). Pub. L. 106194 1988Subsec. (h). Pub. L. 100241,  3(1) Subsec. (k). Pub. L. 100241,  3(2) Subsec. ( l Pub. L. 100241,  3(3) Subsec. (m). Pub. L. 100241,  3(4) Subsecs. (n) to (t). Pub. L. 100241,  3(5) 1980Subsec. (m). Pub. L. 96487 Statutory Notes and Related Subsidiaries  Definitions Pub. L. 108452,  2 Dec. 10, 2004 118 Stat. 3576  In this Act [see Short Title of 2004 Amendment note set out under section 1601 of this title (1)  Native allotment The term Native allotment means an allotment claimed under the Act of May 17, 1906 34 Stat. 197 43 U.S.C. 2701 (2)  Secretary The term Secretary means the Secretary of the Interior. (3)  State The term State means the State of Alaska.  1603. Declaration of settlement (a) Aboriginal title extinguishment through prior land and water area conveyances All prior conveyances of public land and water areas in Alaska, or any interest therein, pursuant to Federal law, and all tentative approvals pursuant to section 6(g) of the Alaska Statehood Act, shall be regarded as an extinguishment of the aboriginal title thereto, if any. (b) Aboriginal title and claim extinguishment where based on use and occupancy; submerged lands underneath inland and offshore water areas and hunting or fishing rights included All aboriginal titles, if any, and claims of aboriginal title in Alaska based on use and occupancy, including submerged land underneath all water areas, both inland and offshore, and including any aboriginal hunting or fishing rights that may exist, are hereby extinguished. (c) Aboriginal claim extinguishment where based on right, title, use, or occupancy of land or water areas; domestic statute or treaty relating to use and occupancy; or foreign laws; pending claims All claims against the United States, the State, and all other persons that are based on claims of aboriginal right, title, use, or occupancy of land or water areas in Alaska, or that are based on any statute or treaty of the United States relating to Native use and occupancy, or that are based on the laws of any other nation, including any such claims that are pending before any Federal or state court or the Indian Claims Commission, are hereby extinguished. ( Pub. L. 92203,  4 Dec. 18, 1971 85 Stat. 689  Editorial Notes  References in Text Section 6(g) of the Alaska Statehood Act, referred to in subsec. (a), is section 6(g) of Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  1604. Enrollment (a) Eligible Natives; finality of decision The Secretary shall prepare within two years from December 18, 1971 December 18, 1971 (b) Residence; order of priority in enrollment of Natives not permanent residents; regional family or hardship enrollment The roll prepared by the Secretary shall show for each Native, among other things, the region and the village or other place in which he resided on the date of the 1970 census enumeration, and he shall be enrolled according to such residence. Except as provided in subsection (c), a Native eligible for enrollment who is not, when the roll is prepared, a permanent resident of one of the twelve regions established pursuant to section 1606(a) of this title (1) the region where the Native resided on the 1970 census date if he had resided there without substantial interruption for two or more years; (2) the region where the Native previously resided for an aggregate of ten years or more; (3) the region where the Native was born; and (4) the region from which an ancestor of the Native came: 1 1 The Secretary may enroll a Native in a different region when necessary to avoid enrolling members of the same family in different regions or otherwise avoid hardship. (c) Election of enrollment in thirteenth region, if established, of Native nonresidents; dependent household members as bound A Native eligible for enrollment who is eighteen years of age or older and is not a permanent resident of one of the twelve regions may, on the date he files an application for enrollment, elect to be enrolled in a thirteenth region for Natives who are non-residents of Alaska, if such region is established pursuant to section 1606(c) of this title ( Pub. L. 92203,  5 Dec. 18, 1971 85 Stat. 690  Statutory Notes and Related Subsidiaries Late Enrollment of Otherwise Qualified Natives Pub. L. 94204,  1 Jan. 2, 1976 89 Stat. 1145  That (a) the Secretary of the Interior (hereinafter in this Act [enacting sections 1625 to 1627 of this title, amending sections 1615, 1616, 1620, and 1621 of this title, and enacting provisions set out as notes under sections 1604, 1605, 1611, 1613, 1618, and 1625 of this title] referred to as the Secretary) is directed to review those applications submitted within one year from the date of enactment of this Act [ Jan. 2, 1976 March 30, 1973 March 30, 1973 Provided Provided further Provided further And provided further (b) The Secretary is authorized to poll individual Natives properly enrolled to Native villages or Native groups which are not recognized as Village Corporations under section 11 of the Settlement Act [ section 1610 of this title section 1618(b) of this title Provided (c) In those instances where, on the roll prepared under section 5 of the Settlement Act [this section], there were enrolled as residents of a place on April 1, 1970 April 1, 1970 April 1, 1970 Provided April 1, 1970 Provided further Provided further Provided further section 1605(c) of this title Establishment by Court Order of 13th Regional Corporation for Benefit of Nonpermanent Residents; Land Selection Entitlements; Previously Issued Stock; Election for Enrollment; Land Entitlements of Corporations or Native Village or Group Eligibility Pub. L. 94204,  8 Jan. 2, 1976 89 Stat. 1149  (a) Notwithstanding the October 6, 1975 (b) Stock previously issued by any of the twelve Regional Corporations in Alaska or by Village Corporations to any Native who is enrolled in the thirteenth region pursuant to said order shall, upon said enrollment, be canceled by the issuing corporation without liability to it or the Native whose stock is so canceled: Provided (c) Whenever additional enrollment under the Settlement Act [this chapter] is permitted pursuant to this Act [enacting sections 1625 to 1627 of this title, amending sections 1615, 1616, 1620, and 1621 of this title, and enacting provisions set out as notes under sections 1604, 1605, 1611, 1613, 1618, and 1625 of this title] or any other provision of law, any Native enrolling under such authority who is determined not to be a permanent resident of the State of Alaska under criteria established pursuant to the Settlement Act shall, at the time of enrollment, elect whether to be enrolled in the thirteenth region or in the region determined pursuant to the provisions of section 5(b) of such act [ section 1604(b) of this title (d) No change in the final roll of Natives established by the Secretary pursuant to section 5 of the Settlement Act [ section 1604 of this title  1605. Alaska Native Fund (a) Establishment in Treasury; deposits into Fund of general fund, interest, and revenue sharing moneys There is hereby established in the United States Treasury an Alaska Native Fund into which the following moneys shall be deposited: (1) $462,500,000 from the general fund of the Treasury, which are authorized to be appropriated according to the following schedule: (A) $12,500,000 during the fiscal year in which this chapter becomes effective; (B) $50,000,000 during the second fiscal year; (C) $70,000,000 during each of the third, fourth, and fifth fiscal years; (D) $40,000,000 during the period beginning July 1, 1976 September 30, 1976 (E) $30,000,000 during each of the next five fiscal years, for transfer to the Alaska Native Fund in the fourth quarter of each fiscal year. (2) Four percent interest per annum, which is authorized to be appropriated, on any amount authorized to be appropriated by this paragraph that is not appropriated within six months after the fiscal year in which payable. (3) $500,000,000 pursuant to the revenue sharing provisions of section 1608 of this title (b) Prohibition of expenditures for propaganda or political campaigns; misdemeanor; penalty None of the funds paid or distributed pursuant to this section to any of the Regional and Village Corporations established pursuant to this chapter shall be expended, donated, or otherwise used for the purpose of carrying on propaganda, or intervening in (including the publishing and distributing of statements) any political campaign on behalf of any candidate for public office. Any person who willfully violates the foregoing provision shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned not more than twelve months, or both. (c) Distribution of Fund moneys among organized Regional Corporations; basis as relative number of Native enrollees in each region; reserve for payment of attorney and other fees; retention of share in Fund until organization of corporation After completion of the roll prepared pursuant to section 1604 of this title section 1619 of this title section 1606 of this title ( Pub. L. 92203,  6 Dec. 18, 1971 85 Stat. 690 Pub. L. 94273,  38 Apr. 21, 1976 90 Stat. 380  Editorial Notes Amendments 1976Subsec. (a)(1)(D). Pub. L. 94273 July 1, 1976 September 30, 1976 Subsec. (a)(1)(E). Pub. L. 94273 Statutory Notes and Related Subsidiaries Deposits Into and Distributions From Alaska Native Fund; Time Requirements; Inclusion of Previously Earned Interest Pub. L. 96487, title XIV,  1414 Dec. 2, 1980 94 Stat. 2498  (a) Moneys appropriated for deposit in the Alaska Native Fund for the fiscal year following the enactment of this Act [ Dec. 2, 1980 section 5 of Public Law 94204 (b) For the fiscal year in which this Act is enacted [fiscal year 1981], the money appropriated shall be deposited within 10 days of enactment [ Dec. 2, 1980 Provided (c) Notwithstanding section 38 of the Fiscal Year Adjustment Act [ section 38 of Pub. L. 94273 July 31, 1976 Public Law 94373 90 Stat. 1051 October 1, 1976 Dec. 2, 1980 Alaska Native Fund Viewed as Trust for Indian Tribes for Purposes of Interest and Investment Pub. L. 94204,  5 Jan. 2, 1976 89 Stat. 1147 For purposes of the first section of the Act of February 12, 1929 45 Stat. 1164 section 161a of Title 25 June 24, 1938 52 Stat. 1037 section 162a of Title 25 Provided  1606. Regional Corporations (a) Division of Alaska into twelve geographic regions; common heritage and common interest of region; area of region commensurate with operations of Native association; boundary disputes, arbitration For purposes of this chapter, the State of Alaska shall be divided by the Secretary within one year after December 18, 1971 (1) Arctic Slope Native Association (Barrow, Point Hope); (2) Bering Straits Association (Seward Peninsula, Unalakleet, Saint Lawrence Island); (3) Northwest Alaska Native Association (Kotzebue); (4) Association of Village Council Presidents (southwest coast, all villages in the Bethel area, including all villages on the Lower Yukon River and the Lower Kuskokwim River); (5) Tanana Chiefs Conference (Koyukuk, Middle and Upper Yukon Rivers, Upper Kuskokwim, Tanana River); (6) Cook Inlet Association (Kenai, Tyonek, Eklutna, Iliamna); (7) Bristol Bay Native Association (Dillingham, Upper Alaska Peninsula); (8) Aleut League (Aleutian Islands, Pribilof Islands and that part of the Alaska Peninsula which is in the Aleut League); (9) Chugach Native Association (Cordova, Tatitlek, Port Graham, English Bay, Valdez, and Seward); (10) Tlingit-Haida Central Council (southeastern Alaska, including Metlakatla); (11) Kodiak Area Native Association (all villages on and around Kodiak Island); and (12) Copper River Native Association (Copper Center, Glennallen, Chitina, Mentasta). Any dispute over the boundaries of a region or regions shall be resolved by a board of arbitrators consisting of one person selected by each of the Native associations involved, and an additional one or two persons, whichever is needed to make an odd number of arbitrators, such additional person or persons to be selected by the arbitrators selected by the Native associations involved. (b) Region mergers; limitation The Secretary may, on request made within one year of December 18, 1971 Provided (c) Establishment of thirteenth region for nonresident Natives; majority vote; Regional Corporation for thirteenth region If a majority of all eligible Natives eighteen years of age or older who are not permanent residents of Alaska elect, pursuant to section 1604(c) of this title (d) Incorporation; business for profit; eligibility for benefits; provisions in articles for carrying out chapter Five incorporators within each region, named by the Native association in the region, shall incorporate under the laws of Alaska a Regional Corporation to conduct business for profit, which shall be eligible for the benefits of this chapter so long as it is organized and functions in accordance with this chapter. The articles of incorporation shall include provisions necessary to carry out the terms of this chapter. (e) Original articles and bylaws: approval by Secretary prior to filing, submission for approval; amendments to articles: approval by Secretary; withholding approval in event of creation of inequities among Native individuals or groups The original articles of incorporation and bylaws shall be approved by the Secretary before they are filed, and they shall be submitted for approval within eighteen months after December 18, 1971 (f) Board of directors; management; stockholders; provisions in articles or bylaws for number, term, and method of election The management of the Regional Corporation shall be vested in a board of directors, all of whom, with the exception of the initial board, shall be stockholders over the age of eighteen. The number, terms, and method of election of members of the board of directors shall be fixed in the articles of incorporation or bylaws of the Regional Corporation. (g) Issuance of stock (1) Settlement Common Stock (A) The Regional Corporation shall be authorized to issue such number of shares of Settlement Common Stock (divided into such classes as may be specified in the articles of incorporation to reflect the provisions of this chapter) as may be needed to issue one hundred shares of stock to each Native enrolled in the region pursuant to section 1604 of this title (B) (i) A Regional Corporation may amend its articles of incorporation to authorize the issuance of additional shares of Settlement Common Stock to (I) Natives born after December 18, 1971 December 18, 1971 (II) Natives who were eligible for enrollment pursuant to section 1604 of this title (III) Natives who have attained the age of 65, for no consideration or for such consideration and upon such terms and conditions as may be specified in such amendment or in a resolution approved by the board of directors pursuant to authority expressly vested in the board by the amendment. The amendment to the articles of incorporation may specify which class of Settlement Common Stock shall be issued to the various groups of Natives. (ii) Not more than one hundred shares of Settlement Common Stock shall be issued to any one individual pursuant to clause (i). (iii)  Conditions on certain stock. (I)  In general An amendment under clause (i) may provide that Settlement Common Stock issued to a Native pursuant to the amendment (or stock issued in exchange for that Settlement Common Stock pursuant to subsection (h)(3) or section 1626(c)(3)(D) of this title (II)  Conditions A condition referred to in subclause (I) is a condition that (aa) the stock described in that subclause shall be deemed to be canceled on the death of the Native to whom the stock is issued, and no compensation for the cancellation shall be paid to the estate of the deceased Native or any person holding the stock; (bb) the stock shall carry limited or no voting rights; and (cc) the stock shall not be transferred by gift under subsection (h)(1)(C)(iii). (iv) Settlement Common Stock issued pursuant to clause (i) shall not carry rights to share in distributions made to shareholders pursuant to subsections (j) and (m) unless, prior to the issuance of such stock, a majority of the class of existing holders of Settlement Common Stock carrying such rights separately approve the granting of such rights. The articles of incorporation of the Regional Corporation shall be deemed to be amended to authorize such class vote. (C) (i) A Regional Corporation may amend its articles of incorporation to authorize the issuance of additional shares of Settlement Common Stock as a dividend or other distribution (without regard to surplus of the corporation under the laws of the State) upon each outstanding share of Settlement Common Stock issued pursuant to subparagraphs (A) and (B). (ii) The amendment authorized by clause (i) may provide that shares of Settlement Common Stock issued as a dividend or other distribution shall constitute a separate class of stock with greater per share voting power than Settlement Common Stock issued pursuant to subparagraphs (A) and (B). (2) Other forms of stock (A) A Regional Corporation may amend its articles of incorporation to authorize the issuance of shares of stock other than Settlement Common Stock in accordance with the provisions of this paragraph. Such amendment may provide that (i) preemptive rights of shareholders under the laws of the State shall not apply to the issuance of such shares, or (ii) issuance of such shares shall permanently preclude the corporation from (I) conveying assets to a Settlement Trust, or (II) issuing shares of stock without adequate consideration as required under the laws of the State. (B) The amendment authorized by subparagraph (A) may provide that the stock to be issued shall be one or more of the following (i) divided into classes and series within classes, with preferences, limitations, and relative rights, including, without limitation (I) dividend rights, (II) voting rights, and (III) liquidation preferences; (ii) made subject to one or more of (I) the restrictions on alienation described in clauses (i), (ii), and (iv) of subsection (h)(1)(B), and (II) the restriction described in paragraph (1)(B)(iii); and (iii) restricted in issuance to (I) Natives who have attained the age of sixty-five; (II) other identifiable groups of Natives or identifiable groups of descendants of Natives defined in terms of general applicability and not in any way by reference to place of residence or family; (III) Settlement Trusts; or (IV) entities established for the sole benefit of Natives or descendants of Natives, in which the classes of beneficiaries are defined in terms of general applicability and not in any way by reference to place of residence, family, or position as an officer, director, or employee of a Native Corporation. (C) The amendment authorized by subparagraph (A) shall provide that the additional shares of stock shall be issued (i) as a dividend or other distribution (without regard to surplus of the corporation under the laws of the State) upon all outstanding shares of stock of any class or series, or (ii) for such consideration as may be permitted by law (except that this requirement may be waived with respect to issuance of stock to the individuals or entities described in subparagraph (B)(iii)). (D) During any period in which alienability restrictions are in effect, no stock whose issuance is authorized by subparagraph (A) shall be (i) issued to, or for the benefit of, a group of individuals composed only or principally of employees, officers, and directors of the corporation; or (ii) issued more than thirteen months after the date on which the vote of the shareholders on the amendment authorizing the issuance of such stock occurred if, as a result of the issuance, the outstanding shares of Settlement Common Stock will represent less than a majority of the total voting power of the corporation for the purpose of electing directors. (3) Disclosure requirements (A) An amendment to the articles of incorporation of a Regional Corporation authorized by paragraph (2) shall specify (i) the maximum number of shares of any class or series of stock that may be issued, and (ii) the maximum number of votes that may be held by such shares. (B) (i) If the board of directors of a Regional Corporation intends to propose an amendment pursuant to paragraph (2) which would authorize the issuance of classes or series of stock that, singly or in combination, could cause the outstanding shares of Settlement Common Stock to represent less than a majority of the total voting power of the corporation for the purposes of electing directors, the shareholders of such corporation shall be expressly so informed. (ii) Such information shall be transmitted to the shareholders in a separate disclosure statement or in another informational document in writing or in recorded sound form both in English and any Native language used by a shareholder of such corporation. Such statement or informational document shall be transmitted to the shareholders at least sixty days prior to the date on which such proposal is to be submitted for a vote. (iii) If not later than thirty days after issuance of such disclosure statement or informational document the board of directors receives a prepared concise statement setting forth arguments in opposition to the proposed amendment together with a request for distribution thereof signed by the holders of at least 10 per centum of the outstanding shares of Settlement Common Stock, the board shall either distribute such statement to the shareholders or provide to the requesting shareholders a list of all shareholders names and addresses so that the requesting shareholders may distribute such statement. (4) Savings (A) (i) No shares of stock issued pursuant to paragraphs (1)(C) and (2) shall carry rights to share in distributions made to shareholders pursuant to subsections (j) and (m). No shares of stock issued pursuant to paragraph (1)(B) shall carry such rights unless authorized pursuant to paragraph (1)(B)(iv). (ii) Notwithstanding the issuance of additional shares of stock pursuant to paragraphs 1 1 February 3, 1988 (B) The issuance of additional shares of stock pursuant to paragraphs 1 (C) No provision of this chapter shall limit the right of a Regional Corporation to take an action authorized by the laws of the State unless such action is inconsistent with the provisions of this chapter. (h) Settlement Common Stock (1) Rights and restrictions (A) Except as otherwise expressly provided in this chapter, Settlement Common Stock of a Regional Corporation shall (i) carry a right to vote in elections for the board of directors and on such other questions as properly may be presented to shareholders; (ii) permit the holder to receive dividends or other distributions from the corporation; and (iii) vest in the holder all rights of a shareholder in a business corporation organized under the laws of the State. (B) Except as otherwise provided in this subsection, Settlement Common Stock, inchoate rights thereto, and rights to dividends or distributions declared with respect thereto shall not be (i) sold; (ii) pledged; (iii) subjected to a lien or judgment execution; (iv) assigned in present or future; (v) treated as an asset under (I) title 11 or any successor statute, (II) any other insolvency or moratorium law, or (III) other laws generally affecting creditors rights; or (vi) otherwise alienated. (C) Notwithstanding the restrictions set forth in subparagraph (B), Settlement Common Stock may be transferred to a Native or a descendant of a Native (i) pursuant to a court decree of separation, divorce, or child support; (ii) by a holder who is a member of a professional organization, association, or board that limits his or her ability to practice his or her profession because he or she holds Settlement Common Stock; or (iii) as an inter vivos gift from a holder to his or her child, grandchild, great-grandchild, niece, nephew, or (if the holder has reached the age of majority as defined by the laws of the State of Alaska) brother or sister, notwithstanding an adoption, relinquishment, or termination of parental rights that may have altered or severed the legal relationship between the gift donor and recipient. (2) Inheritance of Settlement Common Stock (A) Upon the death of a holder of Settlement Common Stock, ownership of such stock (unless canceled in accordance with subsection (g)(1)(B)(iii)) shall be transferred in accordance with the lawful will of such holder or pursuant to applicable laws of intestate succession. If the holder fails to dispose of his or her stock by will and has no heirs under applicable laws of intestate succession, the stock shall escheat to the issuing Regional Corporation and be canceled. (B) The issuing Regional Corporation shall have the right to purchase at fair value Settlement Common Stock transferred pursuant to applicable laws of intestate succession to a person not a Native or a descendant of a Native after February 3, 1988 (i) the corporation (I) amends its articles of incorporation to authorize such purchases, and (II) gives the person receiving such stock written notice of its intent to purchase within ninety days after the date that the corporation either determines the decedents heirs in accordance with the laws of the State or receives notice that such heirs have been determined, whichever later occurs; and (ii) the person receiving such stock fails to transfer the stock pursuant to paragraph (1)(C)(iii) within sixty days after receiving such written notice. (C) Settlement Common Stock of a Regional Corporation (i) transferred by will or pursuant to applicable laws of intestate succession after February 3, 1988 (ii) transferred by any means prior to February 3, 1988 to a person not a Native or a descendant of a Native shall not carry voting rights. If at a later date such stock is lawfully transferred to a Native or a descendant of a Native, voting rights shall be automatically restored. (3) Replacement Common Stock (A) On the date on which alienability restrictions terminate in accordance with the provisions of section 1629c of this title (B) (i) Replacement Common Stock issued in exchange for Settlement Common Stock issued subject to the restriction authorized by subsection (g)(1)(B)(iii) shall bear a legend indicating that the stock will eventually be canceled in accordance with the requirements of that subsection. (ii) Prior to the termination of alienability restrictions, the board of directors of the corporation shall approve a resolution to provide that each share of Settlement Common Stock carrying the right to share in distributions made to shareholders pursuant to subsections (j) and (m) shall be exchanged either for (I) a share of Replacement Common Stock that carries such right, or (II) a share of Replacement Common Stock that does not carry such right together with a separate, non-voting security that represents only such right. (iii) Replacement Common Stock issued in exchange for a class of Settlement Common Stock carrying greater per share voting power than Settlement Common Stock issued pursuant to subsections (g)(1)(A) and (g)(1)(B) shall carry such voting power and be subject to such other terms as may be provided in the amendment to the articles of incorporation authorizing the issuance of such class of Settlement Common Stock. (C) The articles of incorporation of the Regional Corporation shall be deemed amended to authorize the issuance of Replacement Common Stock and the security described in subparagraph (B)(ii)(II). (D) Prior to the date on which alienability restrictions terminate, a Regional Corporation may amend its articles of incorporation to impose upon Replacement Common Stock one or more of the following (i) a restriction denying voting rights to any holder of Replacement Common Stock who is not a Native or a descendant of a Native; (ii) a restriction granting the Regional Corporation, or the Regional Corporation and members of the shareholders immediate family who are Natives or descendants of Natives, the first right to purchase, on reasonable terms, the Replacement Common Stock of the shareholder prior to the sale or transfer of such stock (other than a transfer by will or intestate succession) to any other party, including a transfer in satisfaction of a lien, writ of attachment, judgment execution, pledge, or other encumbrance; and (iii) any other term, restriction, limitation, or provision authorized by the laws of the State. (E) Replacement Common Stock shall not be subjected to a lien or judgment execution based upon any asserted or unasserted legal obligation of the original recipient arising prior to the issuance of such stock. (4) Purchase of settlement common stock of Cook Inlet Region (A) As used in this paragraph, the term Cook Inlet Regional Corporation means Cook Inlet Region, Incorporated. (B) The Cook Inlet Regional Corporation may, by an amendment to its articles of incorporation made in accordance with the voting standards under section 1629b(d)(1) of this title (C) Subject to subparagraph (D), and notwithstanding paragraph (1)(B), the shareholders of Cook Inlet Regional Corporation may, in accordance with an amendment made pursuant to subparagraph (B), sell the Settlement Common Stock of the Cook Inlet Regional Corporation to itself. (D) No sale or purchase may be made pursuant to this paragraph without the prior approval of the board of directors of Cook Inlet Regional Corporation. Except as provided in subparagraph (E), each sale and purchase made under this paragraph shall be made pursuant to an offer made on the same terms to all holders of Settlement Common Stock of the Cook Inlet Regional Corporation. (E) To recognize the different rights that accrue to any class or series of shares of Settlement Common Stock owned by stockholders who are not residents of a Native village (referred to in this paragraph as non-village shares), an amendment made pursuant to subparagraph (B) shall authorize the board of directors (at the option of the board) to offer to purchase (i) the non-village shares, including the right to share in distributions made to shareholders pursuant to subsections (j) and (m) (referred to in this paragraph as nonresident distribution rights), at a price that includes a premium, in addition to the amount that is offered for the purchase of other village shares of Settlement Common Stock of the Cook Inlet Regional Corporation, that reflects the value of the nonresident distribution rights; or (ii) non-village shares without the nonresident distribution rights associated with the shares. (F) Any shareholder who accepts an offer made by the board of directors pursuant to subparagraph (E)(ii) shall receive, with respect to each non-village share sold by the shareholder to the Cook Inlet Regional Corporation (i) the consideration for a share of Settlement Common Stock offered to shareholders of village shares; and (ii) a security for only the nonresident rights that attach to such share that does not have attached voting rights (referred to in this paragraph as a non-voting security). (G) An amendment made pursuant to subparagraph (B) shall authorize the issuance of a non-voting security that (i) shall, for purposes of subsections (j) and (m), be treated as a non-village share with respect to (I) computing distributions under such subsections; and (II) entitling the holder of the share to the proportional share of the distributions made under such subsections; (ii) may be sold to Cook Inlet Region, Inc.; and (iii) shall otherwise be subject to the restrictions under paragraph (1)(B). (H) Any shares of Settlement Common Stock purchased pursuant to this paragraph shall be canceled on the conditions that (i) non-village shares with the nonresident rights that attach to such shares that are purchased pursuant to this paragraph shall be considered to be (I) outstanding shares; and (II) for the purposes of subsection (m), shares of stock registered on the books of the Cook Inlet Regional Corporation in the names of nonresidents of villages; (ii) any amount of funds that would be distributable with respect to non-village shares or non-voting securities pursuant to subsection (j) or (m) shall be distributed by Cook Inlet Regional Corporation to itself; and (iii) village shares that are purchased pursuant to this paragraph shall be considered to be (I) outstanding shares, and (II) for the purposes of subsection (k) shares of stock registered on the books of the Cook Inlet Regional Corporation in the names of the residents of villages. (I) Any offer to purchase Settlement Common Stock made pursuant to this paragraph shall exclude from the offer (i) any share of Settlement Common Stock held, at the time the offer is made, by an officer (including a member of the board of directors) of Cook Inlet Regional Corporation or a member of the immediate family of the officer; and (ii) any share of Settlement Common Stock held by any custodian, guardian, trustee, or attorney representing a shareholder of Cook Inlet Regional Corporation in fact or law, or any other similar person, entity, or representative. (J) (i) The board of directors of Cook Inlet Regional Corporation, in determining the terms of an offer to purchase made under this paragraph, including the amount of any premium paid with respect to a non-village share, may rely upon the good faith opinion of a recognized firm of investment bankers or valuation experts. (ii) Neither Cook Inlet Regional Corporation nor a member of the board of directors or officers of Cook Inlet Regional Corporation shall be liable for damages resulting from terms made in an offer made in connection with any purchase of Settlement Common Stock if the offer was made (I) in good faith; (II) in reliance on a determination made pursuant to clause (i); and (III) otherwise in accordance with this paragraph. (K) The consideration given for the purchase of Settlement Common Stock made pursuant to an offer to purchase that provides for such consideration may be in the form of cash, securities, or a combination of cash and securities, as determined by the board of directors of Cook Inlet Regional Corporation, in a manner consistent with an amendment made pursuant to subparagraph (B). (L) Sale of Settlement Common Stock in accordance with this paragraph shall not diminish a shareholders status as an Alaska Native or descendant of a Native for the purpose of qualifying for those programs, benefits and services or other rights or privileges set out for the benefit of Alaska Natives and Native Americans. Proceeds from the sale of Settlement Common Stock shall not be excluded in determining eligibility for any needs-based programs that may be provided by Federal, State or local agencies. (i) Certain natural resource revenues; distribution among twelve Regional Corporations; computation of amount; subsection inapplicable to thirteenth Regional Corporation; exclusion from revenues (1) (A) Except as provided by subparagraph (B), 70 percent of all revenues received by each Regional Corporation from the timber resources and subsurface estate patented to it pursuant to this chapter shall be divided annually by the Regional Corporation among all twelve Regional Corporations organized pursuant to this section according to the number of Natives enrolled in each region pursuant to section 1604 of this title (B) In the case of the sale, disposition, or other use of common varieties of sand, gravel, stone, pumice, peat, clay, or cinder resources made during a fiscal year ending after October 31, 1998 (2) For purposes of this subsection, the term revenues does not include any benefit received or realized for the use of losses incurred or credits earned by a Regional Corporation. (j) Corporate funds and other net income, distribution among: stockholders of Regional Corporations; Village Corporations and nonresident stockholders; and stockholders of thirteenth Regional Corporation During the five years following December 18, 1971 section 1605 of this title 2 2 section 1605 of this title (k) Distributions among Village Corporations; computation of amount Funds distributed among the Village Corporations shall be divided among them according to the ratio that the number of shares of stock registered on the books of the Regional Corporation in the names of residents of each village bears to the number of shares of stock registered in the names of residents in all villages. (l) Distributions to Village Corporations; village plan: withholding funds until submission of plan for use of money; joint ventures and joint financing of projects; disagreements, arbitration of issues as provided in articles of Regional Corporation Funds distributed to a Village Corporation may be withheld until the village has submitted a plan for the use of the money that is satisfactory to the Regional Corporation. The Regional Corporation may require a village plan to provide for joint ventures with other villages, and for joint financing of projects undertaken by the Regional Corporation that will benefit the region generally. In the event of disagreement over the provisions of the plan, the issues in disagreement shall be submitted to arbitration, as shall be provided for in the articles of incorporation of the Regional Corporation. (m) Distributions among Village Corporations in a region; computation of dividends for nonresidents of village; financing regional projects with equitably withheld dividends and Village Corporation funds When funds are distributed among Village Corporations in a region, an amount computed as follows shall be distributed as dividends to the class of stockholders who are not residents of those villages: The amount distributed as dividends shall bear the same ratio to the amount distributed among the Village Corporations that the number of shares of stock registered on the books of the Regional Corporation in the names of nonresidents of villages bears to the number of shares of stock registered in the names of village residents: Provided (n) Projects for Village Corporations The Regional Corporation may undertake on behalf of one or more of the Village Corporations in the region any project authorized and financed by them. (o) Annual audit; place; availability of papers, things, or property to auditors to facilitate audits; verification of transactions; report to stockholders The accounts of the Regional Corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of the State or the United States. The audits shall be conducted at the place or places where the accounts of the Regional Corporation are normally kept. All books, accounts, financial records, reports, files, and other papers, things, or property belonging to or in use by the Regional Corporation and necessary to facilitate the audits shall be available to the person or persons conducting the audits; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agent, and custodians shall be afforded to such person or persons. Each audit report or a fair and reasonably detailed summary thereof shall be transmitted to each stockholder. (p) Federal-State conflict of laws In the event of any conflict between the provisions of this section and the laws of the State of Alaska, the provisions of this section shall prevail. (q) Business management group; investment services contracts Two or more Regional Corporations may contract with the same business management group for investment services and advice regarding the investment of corporate funds. (r) Benefits for shareholders or immediate families The authority of a Native Corporation to provide benefits to its shareholders who are Natives or descendants of Natives or to its shareholders immediate family members who are Natives or descendants of Natives to promote the health, education, or welfare of such shareholders or family members is expressly authorized and confirmed. Eligibility for such benefits need not be based on share ownership in the Native Corporation and such benefits may be provided on a basis other than pro rata based on share ownership. ( Pub. L. 92203,  7 Dec. 18, 1971 85 Stat. 691 Pub. L. 96487, title XIV,  1401(a) Dec. 2, 1980 94 Stat. 2491 Pub. L. 100241 Feb. 3, 1988 101 Stat. 1790 Pub. L. 102415 Oct. 14, 1992 106 Stat. 2113 Pub. L. 10410,  1(a) May 18, 1995 109 Stat. 155 Pub. L. 10442, title I,  109(a) Nov. 2, 1995 109 Stat. 357 Pub. L. 105333 Oct. 31, 1998 112 Stat. 3134 Pub. L. 106194,  2 May 2, 2000 114 Stat. 242 Pub. L. 110453, title II,  206 Dec. 2, 2008 122 Stat. 5030  Editorial Notes Amendments 2008Subsec. (g)(1)(B)(iii). Pub. L. 110453 section 1629c(d) of this title 2000Subsec. (h)(1)(C)(iii). Pub. L. 106194 1998Subsec. (i)(1). Pub. L. 105333,  8(1) Pub. L. 105333,  8(2) Subsec. (r). Pub. L. 105333,  12 1995Subsec. (h)(4). Pub. L. 10410 Subsec. (i). Pub. L. 10442 1992Subsec. (g)(1)(B)(i)(I). Pub. L. 102415,  8 December 18, 1971 Subsec. (h)(1)(C)(iii). Pub. L. 102415,  4 1988Subsec. (g). Pub. L. 100241,  4 section 1604 of this title Subsec. (h)(1), (2). Pub. L. 100241,  5 Subsec. (h)(3). Pub. L. 100241,  5 Subsec. ( o Pub. L. 100241,  12(a) 1980Subsec. (h)(1). Pub. L. 96487,  1401(c) Section 1401(c) of Pub. L. 96487 section 1696(h)(1) of this title section 1696 of this title Subsec. (h)(3). Pub. L. 96487,  1401(a) Dec. 18, 1991 Statutory Notes and Related Subsidiaries Effective Date of 1995 Amendment Pub. L. 10442, title I,  109(b) Nov. 2, 1995 109 Stat. 357 This amendment [amending this section] shall be effective as of the date of enactment of the Alaska Native Claims Settlement Act, Public Law 92203 43 U.S.C. 1601 Dec. 18, 1971  1607. Village Corporations (a) Organization of Corporation prerequisite to receipt of patent to lands or benefits under chapter The Native residents of each Native village entitled to receive lands and benefits under this chapter shall organize as a business for profit or nonprofit corporation under the laws of the State before the Native village may receive patent to lands or benefits under this chapter, except as otherwise provided. (b) Regional Corporation: approval of initial articles; review and approval of amendments to articles and annual budgets; assistance in preparation of articles and other documents The initial articles of incorporation for each Village Corporation shall be subject to the approval of the Regional Corporation for the region in which the village is located. Amendments to the articles of incorporation and the annual budgets of the Village Corporations shall, for a period of five years, be subject to review and approval by the Regional Corporation. The Regional Corporation shall assist and advise Native villages in the preparation of articles of incorporation and other documents necessary to meet the requirements of this subsection. (c) Applicability of section 1606 The provisions of subsections (g), (h) (other than paragraph (4)), and ( o section 1606 of this title ( Pub. L. 92203,  8 Dec. 18, 1971 85 Stat. 694 Pub. L. 96487, title XIV,  1401(b) Dec. 2, 1980 94 Stat. 2492 Pub. L. 100241,  6 Feb. 3, 1988 101 Stat. 1795 Pub. L. 10410,  1(b) May 18, 1995 109 Stat. 157  Editorial Notes Amendments 1995Subsec. (c). Pub. L. 10410 1988Subsec. (c). Pub. L. 100241 section 1606 of this title section 1606(h)(3) of this title 1980Subsec. (c). Pub. L. 96487 section 1606 of this title section 1606(h)(3) of this title  1608. Revenue sharing (a) Minerals within section The provisions of this section shall apply to all minerals that are subject to disposition under the Mineral Leasing Act of 1920, as amended and supplemented [ 30 U.S.C. 181 (b) Interim payments into Alaska Native Fund based on percentage of gross value of produced or removed minerals and of rentals and bonuses; time of payment With respect to conditional leases and sales of minerals heretofore or hereafter made pursuant to section 6(g) of the Alaska Statehood Act, and with respect to mineral leases of the United States that are or may be subsumed by the State under section 6(h) of the Alaska Statehood Act, until such time as the provisions of subsection (c) become operative the State shall pay into the Alaska Native Fund from the royalties, rentals, and bonuses hereafter received by the State (1) a royalty of 2 per centum upon the gross value (as such gross value is determined for royalty purposes under such leases or sales) of such minerals produced or removed from such lands, and (2) 2 per centum of all rentals and bonuses under such leases or sales, excluding bonuses received by the State at the September 1969 sale of minerals from tentatively approved lands and excluding rentals received pursuant to such sale before December 18, 1971 (c) Patents; royalties: reservation of percentage of gross value of produced or removed minerals and of rentals and bonuses from disposition of minerals Each patent hereafter issued to the State under the Alaska Statehood Act, including a patent of lands heretofore selected and tentatively approved, shall reserve for the benefit of the Natives, and for payment into the Alaska Native Fund, (1) a royalty of 2 per centum upon the gross value (as such gross value is determined for royalty purposes under any disposition by the State) of the minerals thereafter produced or removed from such lands, and (2) 2 per centum of all revenues thereafter derived by the State from rentals and bonuses from the disposition of such minerals. (d) Distribution of bonuses, rentals, and royalties from Federal disposition of minerals in public lands; payments into Alaska Native Fund based on percentage of gross value of produced minerals and of rentals and bonuses; Federal and State share calculation on remaining balance All bonuses, rentals, and royalties received by the United States after December 18, 1971 (e) Federal enforcement; State underpayment: deductions from grants-in-aid or other Federal assistance equal to underpayment and deposit of such amount in Fund The provisions of this section shall be enforceable by the United States for the benefit of the Natives, and in the event of default by the State in making the payments required, in addition to any other remedies provided by law, there shall be deducted annually by the Secretary of the Treasury from any grant-in-aid or from any other sums payable to the State under any provision of Federal law an amount equal to any such underpayment, which amount shall be deposited in the Fund. (f) Oil and gas revenues; amount payable equal to Federal or State royalties in cash or kind Revenues received by the United States or the State as compensation for estimated drainage of oil or gas shall, for the purposes of this section, be regarded as revenues from the disposition of oil and gas. In the event the United States or the State elects to take royalties in kind, there shall be paid into the Fund on account thereof an amount equal to the royalties that would have been paid into the Fund under the provisions of this section had the royalty been taken in cash. (g) Alaska Native Fund payments; cessation; reimbursement for advance payments The payments required by this section shall continue only until a sum of $500,000,000 has been paid into the Alaska Native Fund less the total of advance payments paid into the Alaska Native Fund pursuant to section 407 of the Trans-Alaska Pipeline Authorization Act. Thereafter, payments which would otherwise go into the Alaska Native Fund will be made to the United States Treasury as reimbursement for the advance payments authorized by section 407 of the Trans-Alaskan Pipeline Authorization Act. The provisions of this section shall no longer apply, and the reservation required in patents under this section shall be of no further force and effect, after a total sum of $500,000,000 has been paid to the Alaska Native Fund and to the United States Treasury pursuant to this subsection. (h) Final payment; order of computation When computing the final payment into the Fund the respective shares of the United States and the State with respect to payments to the Fund required by this section shall be determined pursuant to this subsection and in the following order: (1) first, from sources identified under subsections (b) and (c) hereof; and (2) then, from sources identified under subsection (d) hereof. (i) Outer Continental Shelf mineral revenues; provisions of section inapplicable The provisions of this section do not apply to mineral revenues received from the Outer Continental Shelf. ( Pub. L. 92203,  9 Dec. 18, 1971 85 Stat. 694 Pub. L. 93153, title IV,  407(b) Nov. 16, 1973 87 Stat. 591  Editorial Notes  References in Text The Mineral Leasing Act of 1920, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of Title 30 The Alaska Statehood Act, referred to in subsecs. (b), (c), and (d), is Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 Section 407 of the Trans-Alaska Pipeline Authorization Act, referred to in subsec. (g), probably means section 407(a) of Pub. L. 93153 Amendments 1973Subsec. (g). Pub. L. 93153 Statutory Notes and Related Subsidiaries Advance Payments to Alaska Natives Until Commencement of Deliveries of North Slope Crude Oil to Pipeline Pub. L. 93153, title IV,  407(a) Nov. 16, 1973 87 Stat. 591 June 30, 1976  1609. Limitation of actions (a) Complaint, time for filing; jurisdiction; commencement by State official; certainty and finality of vested rights, titles, and interests Notwithstanding any other provision of law, any civil action to contest the authority of the United States to legislate on the subject matter or the legality of this chapter shall be barred unless the complaint is filed within one year of December 18, 1971 (b) Land selection; suspension and extension of rights In the event that the State initiates litigation or voluntarily becomes a party to litigation to contest the authority of the United States to legislate on the subject matter or the legality of this chapter, all rights of land selection granted to the State by the Alaska Statehood Act shall be suspended as to any public lands which are determined by the Secretary to be potentially valuable for mineral development, timber, or other commercial purposes, and no selections shall be made, no tentative approvals shall be granted, and no patents shall be issued for such lands during the pendency of such litigation. In the event of such suspension, the States right of land selection pursuant to section 6 of the Alaska Statehood Act shall be extended for a period of time equal to the period of time the selection right was suspended. ( Pub. L. 92203,  10 Dec. 18, 1971 85 Stat. 696  Editorial Notes  References in Text The Alaska Statehood Act and section 6 of the Alaska Statehood Act, referred to in subsec. (b), are Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  1610. Withdrawal of public lands (a) Description of withdrawn public lands; exceptions; National Wildlife Refuge lands exception; time of withdrawal (1) The following public lands are withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from selection under the Alaska Statehood Act, as amended: (A) The lands in each township that encloses all or part of any Native village identified pursuant to subsection (b); (B) The lands in each township that is contiguous to or corners on the township that encloses all or part of such Native village; and (C) The lands in each township that is contiguous to or corners on a township containing lands withdrawn by paragraph (B) of this subsection. The following lands are excepted from such withdrawal: lands in the National Park System and lands withdrawn or reserved for national defense purposes other than Naval Petroleum Reserve Numbered 4. (2) All lands located within the townships described in subsection (a)(1) hereof that have been selected by, or tentatively approved to, but not yet patented to, the State under the Alaska Statehood Act are withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from the creation of third party interests by the State under the Alaska Statehood Act. (3) (A) If the Secretary determines that the lands withdrawn by subsections (a)(1) and (2) hereof are insufficient to permit a Village or Regional Corporation to select the acreage it is entitled to select, the Secretary shall withdraw three times the deficiency from the nearest unreserved, vacant and unappropriated public lands. In making this withdrawal the Secretary shall, insofar as possible, withdraw public lands of a character similar to those on which the village is located and in order of their proximity to the center of the Native village: Provided (B) The Secretary shall make the withdrawal provided for in subsection (3)(A) hereof on the basis of the best available information within sixty days of December 18, 1971 (b) List of Native villages subject to chapter; review; eligibility for benefits; expiration of withdrawals for villages; alternative eligibility; eligibility of unlisted villages (1) The Native villages subject to this chapter are as follows: NAME OF PLACE AND REGION Afognak, Afognak Island. Akhiok, Kodiak. Akiachak, Southwest Coastal Lowland. Akiak, Southwest Coastal Lowland. Akutan, Aleutian. Alakanuk, Southwest Coastal Lowland. Alatna, Koyukuk-Lower Yukon. Aleknagik, Bristol Bay. Allakaket, Koyukuk-Lower Yukon. Ambler, Bering Strait. Anaktuvuk, Pass, Arctic Slope. Andreafsey, Southwest Coastal Lowland. Aniak, Southwest Coastal Lowland. Anvik, Koyukuk-Lower Yukon. Arctic Village, Upper Yukon-Porcupine. Atka, Aleutian. Atkassok, Arctic Slope. Atmautlauk, Southwest Coastal Lowland. Barrow, Arctic Slope. Beaver, Upper Yukon-Porcupine. Belkofsky, Aleutian. Bethel, Southwest Coastal Lowland. Bill Moores, Southwest Coastal Lowland. Biorka, Aleutian. Birch Creek, Upper Yukon-Porcupine. Brevig Mission, Bering Strait. Buckland, Bering Strait. Candle, Bering Strait. Cantwell, Tanana. Canyon Village, Upper Yukon-Porcupine. Chalkyitsik, Upper Yukon-Porcupine. Chanilut, Southwest Coastal Lowland. Cherfornak, Southwest Coastal Lowland. Chevak, Southwest Coastal Lowland. Chignik, Kodiak. Chignik Lagoon, Kodiak. Chignik Lake, Kodiak. Chistochina, Copper River. Chitina, Copper River. Chukwuktoligamute, Southwest Coastal Lowland. Circle, Upper Yukon-Porcupine. Clarks Point, Bristol Bay. Copper Center, Copper River. Crooked Creek, Upper Kuskokwim. Deering, Bering Strait. Dillingham, Bristol Bay. Dot Lake, Tanana. Eagle, Upper Yukon-Porcupine. Eek, Southwest Coastal Lowland. Egegik, Bristol Bay. Eklutna, Cook Inlet. Ekuk, Bristol Bay. Ekwok, Bristol Bay. Elim, Bering Strait. Emmonak, Southwest Coastal Lowland. English Bay, Cook Inlet. False Pass, Aleutian. Fort Yukon, Upper Yukon-Porcupine. Gakona, Copper River. Galena, Koyukuk-Lower Yukon. Gambell, Bering Sea. Georgetown, Upper Kuskokwim. Golovin, Bering Strait. Goodnews Bay, Southwest Coastal Lowland. Grayling, Koyukuk-Lower Yukon. Gulkana, Copper River. Hamilton, Southwest Coastal Lowland. Holy Cross, Koyukuk-Lower Yukon. Hooper Bay, Southwest Coastal Lowland. Hughes, Koyukuk-Lower Yukon. Huslia, Koyukuk-Lower Yukon. Igiugig, Bristol Bay. Iliamna, Cook Inlet. Inalik, Bering Strait. Ivanof Bay, Aleutian. Kaguyak, Kodiak. Katovik, Arctic Slope. Kalskag, Southwest Coastal Lowland. Kaltag, Koyukuk-Lower Yukon. Karluk, Kodiak. Kasigluk, Southwest Coastal Lowland. Kiana, Bering Strait. King Cove, Aleutian. Kipnuk, Southeast Coastal Lowland. Kivalina, Bering Strait. Kobuk, Bering Strait. Kokhanok, Bristol Bay. Koliganek, Bristol Bay. Kongiganak, Southwest Coastal Lowland. Kotlik, Southwest Coastal Lowland. Kotzebue, Bering Strait. Koyuk, Bering Strait. Koyukuk, Koyukuk-Lower Yukon. Kwethluk, Southwest Coastal Lowland. Kwigillingok, Southwest Coastal Lowland. Larsen Bay, Kodiak. Levelock, Bristol Bay. Lime Village, Upper Kuskokwim. Lower Kalskag, Southwest Coastal Lowland. McGrath, Upper Kuskokwim. Makok, Koyukuk-Lower Yukon. Manley Hot Springs, Tanana. Manokotak, Bristol Bay. Marshall, Southwest Coastal Lowland. Marys Igloo, Bering Strait. Medfra, Upper Kuskokwim. Mekoryuk, Southwest Coastal Lowland. Mentasta Lake, Copper River. Minchumina Lake, Upper Kuskokwim. Minto, Tanana. Mountain Village, Southwest Coastal Lowland. Nabesna Village, Tranana. Naknek, Bristol Bay. Napaimute, Upper Kuskokwim. Napakiak, Southwest Coastal Lowland. Napaskiak, Southwest Coastal Lowland. Nelson Lagoon, Aleutian. Nenana, Tanana. Newhalen, Cook Inlet. New Stuyahok, Bristol Bay. Newtok, Southwest Coastal Lowland. Nightmute, Southwest Coastal Lowland. Nikolai, Upper Kuskokwim. Nikolski, Aleutian. Ninilchik, Cook Inlet. Noatak, Bering Strait. Nome, Bering Strait. Nondalton, Cook Inlet. Nooiksut, Arctic Slope. Noorvik, Bering Strait. Northeast Cape, Bering Sea. Northway, Tanana. Nulato, Koyukuk-Lower Yukon. Nunapitchuk, Southwest Coastal Lowland. Ohogamiut, Southwest Coastal Lowland. Old Harbor, Kodiak. Oscarville, Southwest Coastal Lowland. Ouzinkie, Kodiak. Paradise, Koyukuk-Lower Yukon. Pauloff Harbor, Aleutian. Pedro Bay, Cook Inlet. Perryville, Kodiak. Pilot Point, Bristol Bay. Pilot Station, Southwest Coastal Lowland. Pitkas Point, Southwest Coastal Lowland. Platinum, Southwest Coastal Lowland. Point Hope, Arctic Slope. Point Lay, Arctic Slope. Portage Creek (Ohgsenakale), Bristol Bay. Port Graham, Cook Inlet. Port Heiden (Meshick), Aleutian. Port Lions, Kodiak. Quinhagak, Southwest Coastal Lowland. Rampart, Upper Yukon-Porcupine. Red Devil, Upper Kuskokwim. Ruby, Koyukuk-Lower Yukon. Russian Mission or Chauthalue (Kuskokwim), Upper Kuskokwim. Russian Mission (Yukon), Southwest Coastal Lowland. St. George, Aleutian. St. Marys, Southwest Coastal Lowland. St. Michael, Bering Strait. St. Paul, Aleutian. Salamatof, Cook Inlet. Sand Point, Aleutian. Savonoski, Bristol Bay. Savoonga, Bering Sea. Scammon Bay, Southwest Coastal Lowland. Selawik, Bering Strait. Seldovia, Cook Inlet. Shageluk, Koyukuk-Lower Yukon. Shaktoolik, Bering Strait. Sheldons Point, Southwest Coastal Lowland. Shishmaref, Bering Strait. Shungnak, Bering Strait. Slana, Copper River. Sleetmute, Upper Kuskokwim. South Naknek, Bristol Bay. Squaw Harbor, Aleutian. Stebbins, Bering Strait. Stevens Village, Upper Yukon-Porcupine. Stony River, Upper Kuskokwim. Takotna, Upper Kuskokwim. Tanacross, Tanana. Tanana, Koyukuk-Lower Yukon. Tatilek, Chugach. Tazlina, Copper River. Telida, Upper Kuskokwim. Teller, Bering Strait. Tetlin, Tanana. Togiak, Bristol Bay. Toksook Bay, Southwest Coastal Lowland. Tulusak, Southwest Coastal Lowland. Tuntutuliak, Southwest Coastal Lowland. Tununak, Southwest Coastal Lowland. Twin Hills, Bristol Bay. Tyonek, Cook Inlet. Ugashik, Bristol Bay. Unalakleet, Bering Strait. Unalaska, Aleutian. Unga, Aleutian. Uyak, Kodiak. Venetie, Upper Yukon-Porcupine. Wainwright, Arctic Slope. Wales, Bering Strait. White Mountain, Bering Strait. (2) Within two and one-half years from December 18, 1971 (A) less than twenty-five Natives were residents of the village on the 1970 census enumeration date as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance; or (B) the village is of a modern and urban character, and the majority of the residents are non-Native. Any Native group made ineligible by this subsection shall be considered under section 1613(h) of this title (3) Native villages not listed in subsection (b)(1) hereof shall be eligible for land and benefits under this chapter and lands shall be withdrawn pursuant to this section if the Secretary within two and one-half years from December 18, 1971 (A) twenty-five or more Natives were residents of an established village on the 1970 census enumeration date as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance; and (B) the village is not of a modern and urban character, and a majority of the residents are Natives. ( Pub. L. 92203,  11 Dec. 18, 1971 85 Stat. 696  Editorial Notes  References in Text The Alaska Statehood Act, as amended, referred to in subsec. (a)(1), (2), is Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  1611. Native land selections (a) Acreage limitation; proximity of selections and size of sections and units; waiver (1) During a period of three years from December 18, 1971 section 1610 of this title section 1613 of this title section 1610(a) of this title Provided section 1610(a)(2) of this title Provided further section 1610(a) of this title (2) Selections made under this subsection (a) shall be contiguous and in reasonably compact tracts, except as separated by bodies of water or by lands which are unavailable for selection, and shall be in whole sections and, wherever feasible, in units of not less than 1,280 acres: Provided (A) (i) a portion of available public lands of a section is separated from other available public lands in the same section by lands unavailable for selection or by a meanderable body of water; (ii) such waiver will not result in small isolated parcels of available public land remaining after conveyance of selected lands to Native Corporations; and (iii) such waiver would result in a better land ownership pattern or improved land or resource management opportunity; or (B) the remaining available public lands in the section have been selected and will be conveyed to another Native Corporation under this chapter. (b) Allocation; reallocation considerations The difference between twenty-two million acres and the total acreage selected by Village Corporations pursuant to subsection (a) shall be allocated by the Secretary among the eleven Regional Corporations (which excludes the Regional Corporation for southeastern Alaska) on the basis of the number of Natives enrolled in each region. Each Regional Corporation shall, not later than October 1, 2005 section 1610(a) of this title (c) Computation The difference between thirty-eight million acres and the 22 million acres selected by Village Corporations pursuant to subsections (a) and (b) shall be allocated among the eleven Regional Corporations (which excludes the Regional Corporation for southeastern Alaska) as follows: (1) The number of acres each Regional Corporation is entitled to receive shall be computed (A) by determining on the basis of available data the percentages of all land in Alaska (excluding the southeastern region) that is within each of the eleven regions, (B) by applying that percentage to thirty-eight million acres reduced by the acreage in the southeastern region that is to be selected pursuant to section 1615 of this title (2) In the event that the total number of acres selected within a region pursuant to subsections (a) and (b) exceeds the percentage of the reduced thirty-eight million acres allotted to that region pursuant to subsection (c)(1)(B), that region shall not be entitled to receive any lands under this subsection (c). For each region so affected the difference between the acreage calculated pursuant to subsection (c)(1)(B) and the acreage selected pursuant to subsections (a) and (b) shall be deducted from the acreage calculated under subsection (c)(1)(C) for the remaining regions which will select lands under this subsection (c). The reductions shall be apportioned among the remaining regions so that each regions share of the total reduction bears the same proportion to the total reduction as the total land area in that region (as calculated pursuant to subsection (c)(1)(A) 1 1 (3) Before the end of the fourth year after December 18, 1971 section 1610(a)(1) of this title section 1610(a)(3) of this title section 1610(a)(1) of this title Provided section 1610(a)(1) of this title (4) Where the public lands consist only of the mineral estate, or portion thereof, which is reserved by the United States upon patent of the balance of the estate under one of the public land laws, other than this chapter, the Regional Corporations may select as follows: (A) Where such public lands were not withdrawn pursuant to section 1610(a)(3) of this title section 1610(a)(3) of this title (B) Where such public lands were withdrawn pursuant to section 1610(a)(1) of this title (C) Where such public lands are surrounded by or contiguous to subsurface lands obtained by a Regional Corporation under subsections 2 2 (D) (i) A Regional Corporation which elects to obtain public lands under subparagraph (C) shall be limited to a total of not more than 12,000 acres. Selection by a Regional Corporation of in lieu surface acres under subparagraph (E) pursuant to an election under subparagraph (C) shall not be made from any lands within a conservation system unit (as that term is defined by section 3102(4) of title 16 (ii) An election to obtain the public lands described in subparagraph (A), (B), or (C) shall include all available parcels within the township in which the public lands are located. (iii) For purposes of this subparagraph and subparagraph (C), the term Regional Corporation shall refer only to Doyon, Limited. (E) Where the Regional Corporation elects to obtain such public lands under subparagraph (A), (B), or (C) of this paragraph, it may select, within ninety days of receipt of notice from the Secretary, the surface estate in an equal acreage from other public lands withdrawn by the Secretary for that purpose. Such selections shall be in units no smaller than a whole section, except where the remaining entitlement is less than six hundred and forty acres, or where an entire section is not available. Where possible, selections shall be of lands from which the subsurface estate was selected by that Regional Corporation pursuant to subsection (a)(1) or section 1613(h)(9) of this title section 1616(d)(1) of this title (F) No mineral estate or in lieu surface estate shall be available for selection within the National Petroleum ReserveAlaska or within Wildlife Refuges as the boundaries of those refuges exist on December 18, 1971 (5) Subparagraphs (A), (B), and (C) of paragraph (4) shall apply, notwithstanding the failure of the Regional Corporation to have appealed the rejection of a selection during the conveyance of the relevant surface estate. (d) Village Corporation for Native village at Dutch Harbor; lands and improvements and patent for Village Corporation To insure that the Village Corporation for the Native village at Dutch Harbor, if found eligible for land grants under this chapter, has a full opportunity to select lands within and near the village, no federally owned lands, whether improved or not, shall be disposed of pursuant to the Federal surplus property disposal laws for a period of two years from December 18, 1971 section 1613(a) of this title (e) Disputes over land selection rights and boundaries; arbitration Any dispute over the land selection rights and the boundaries of Village Corporations shall be resolved by a board of arbitrators consisting of one person selected by each of the Village Corporations involved, and an additional one or two persons, whichever is needed to make an odd number of arbitrators, such additional person or persons to be selected by the arbitrators selected by the Village Corporations. (f) Combining entitlements and reallocations (1) The entitlements received by any Village Corporation under subsection (a) and the reallocations made to the Village Corporation under subsection (b) may be combined, at the discretion of the Secretary, without (A) increasing or decreasing the combined entitlement; or (B) increasing the limitation on selections of Wildlife Refuge System land, National Forest System land, or State-selected land under subsection (a). (2) The combined entitlement under paragraph (1) may be fulfilled from selections under subsection (a) or (b) without regard to the entitlement specified in the selection application. (3) All selections under a combined entitlement under paragraph (1) shall be adjudicated and conveyed in compliance with this chapter. (4) Except in a case in which a survey has been contracted for December 10, 2004 ( Pub. L. 92203,  12 Dec. 18, 1971 85 Stat. 701 Pub. L. 96487, title XIV Dec. 2, 1980 94 Stat. 2492 Pub. L. 105333,  3 Oct. 31, 1998 112 Stat. 3130 Pub. L. 108452, title II,  202 Dec. 10, 2004 118 Stat. 3582  Editorial Notes  References in Text For Federal surplus property disposal laws, referred to in subsec. (d), see, generally, subtitle I of Title 40, Public Buildings, Property, and Works. Amendments 2004Subsec. (b). Pub. L. 108452,  202(1) October 1, 2005 Subsec. (f). Pub. L. 108452,  202(2) 1998Subsec. (c)(4)(C), (D). Pub. L. 105333,  3(a)(1) Subsec. (c)(4)(E). Pub. L. 105333,  3(a) Subsec. (c)(4)(F). Pub. L. 105333,  3(a)(1) Subsec. (c)(5). Pub. L. 105333,  3(b) 1980Subsec. (a)(2). Pub. L. 96487,  1402 Subsec. (c)(4). Pub. L. 96487,  1403 Statutory Notes and Related Subsidiaries Separability Pub. L. 95178,  3(b) Nov. 15, 1977 91 Stat. 1370 If any provision of this Act [enacting section 1628 of this title section 12 of the Act of January 2, 1976 Public Law 94204 Land Available After Selection Period Pub. L. 108452, title II,  201 Dec. 10, 2004 118 Stat. 3582  (a)  In General To make certain Federal land available for conveyance to a Native Corporation that has sufficient remaining entitlement, the Secretary [of the Interior] may waive the filing deadlines under sections 12 and 16 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1611 (1) the Federal land is (A) located in a township in which all or any part of a Native Village is located; or (B) surrounded by (i) land that is owned by the Native Corporation; or (ii) selected land that will be conveyed to the Native Corporation; (2) the Federal land (A) became available after the end of the original selection period; (B) (i) was not selected by the Native Corporation because the Federal land was subject to a competing claim or entry; and (ii) the competing claim or entry has lapsed; or (C) was previously an unavailable Federal enclave within a Native selection withdrawal area; (3) (A) the Secretary provides the Native Corporation with a specific time period in which to decline the Federal land; and (B) the Native Corporation does not submit to the Secretary written notice declining the land within the period established under subparagraph (A); and (4) the State [of Alaska] has voluntarily relinquished any valid State selection or top-filing for the Federal land. (b)  Congressional Action Subsection (a) shall not apply to a parcel of Federal land if Congress has specifically made other provisions for disposition of the parcel of Federal land. Settlement of Remaining Entitlement Pub. L. 108452, title II,  209 Dec. 10, 2004 118 Stat. 3586  (a)  In General The Secretary [of the Interior] may enter into a binding written agreement with a Native Corporation relating to (1) the land remaining to be conveyed to the Native Corporation under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 September 1, 2004 section 1613 of this title section 1621 of this title (2) the priority in which the land is to be conveyed; (3) the relinquishment of selections which are not to be conveyed; (4) the selection entitlement to which selections are to be charged, regardless of the entitlement under which originally selected; (5) the survey of the exterior boundaries of the land to be conveyed; (6) the additional survey to be performed under section 14(c) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(c) (7) the resolution of conflicts with Native allotment [an allotment claimed under the Act of May 17, 1906 34 Stat. 197 (b)  Requirements An agreement under subsection (a) (1) shall be authorized by a resolution of the Native Corporation entering into the agreement; and (2) shall include a statement that the entitlement of the Native Corporation shall be considered complete on execution of the agreement. (c)  Correction of Conveyance Documents In an agreement under subsection (a), the Secretary and the Native Corporation may agree to make technical corrections to the legal description in the conveyance documents for easements previously reserved so that the easements provide the access intended by the original reservation. (d)  Consultation Before entering into an agreement under subsection (a), the Secretary shall ensure that the concerns or issues identified by the State [of Alaska] and all Federal agencies potentially affected by the agreement are given consideration. (e)  Errors Any Native Corporation entering into an agreement under subsection (a) shall receive any gain or bear any loss resulting from errors in prior surveys, protraction diagrams, or computation of the ownership of third parties on any land conveyed. (f)  Effect. (1)  In general An agreement under subsection (a) shall not (A) affect the obligations of Native Corporations under prior agreements; or (B) result in a Native Corporation relinquishing valid selections of land in order to qualify for the withdrawal of other tracts of land. (2)  Effect on subsurface rights The terms of an agreement entered into under subsection (a) shall be binding on a Regional Corporation with respect to the location and quantity of subsurface rights of the Regional Corporation under section 14(f) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(f) (3)  Effect on entitlement Nothing in this section increases the entitlement provided to any Native Corporation under (A) the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 (B) the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3101 (g)  Boundaries of a Native Village An agreement entered into under subsection (a) may not define the boundaries of a Native Village. (h)  Availability of Agreements An agreement entered into under subsection (a) shall be available for public inspection in the appropriate offices of the Department of the Interior. Final Priorities; Conveyance and Survey Plans Pub. L. 108452, title IV Dec. 10, 2004 118 Stat. 3591  SEC. 401. DEADLINE FOR ESTABLISHMENT OF REGIONAL PLANS. (a)  In General Not later than 18 months after the date of enactment of this Act [ Dec. 10, 2004 (b)  Inclusions The updated and revised plans under subsection (a) shall identify any conflicts to be resolved and recommend any actions that should be taken to facilitate the finalization of land conveyances in a region by 2009. SEC. 402. DEADLINE FOR ESTABLISHMENT OF VILLAGE PLANS. Not later than 30 months after the date of enactment of this Act [ Dec. 10, 2004 43 U.S.C. 1601 SEC. 403. FINAL PRIORITIZATION OF ANCSA SELECTIONS. (a)  In General Any Native Corporation that has not received its full entitlement or entered into a voluntary, negotiated settlement of final entitlement shall submit the final, irrevocable priorities of the Native Corporation (1) in the case of a Village, Group, or Urban Corporation entitlement, not later than 36 months after the date of enactment of this Act [ Dec. 10, 2004 (2) in the case of a Regional Corporation entitlement, not later than 42 months after the date of enactment of this Act. (b)  Acreage Limitations The priorities submitted under subsection (a) shall not exceed land that is the greater of (1) not more than 125 percent of the remaining entitlement; or (2) not more than 640 acres in excess of the remaining entitlement. (c)  Corrections. (1)  In general Except as provided in paragraph (2), the priorities submitted under subsection (a) may not be revoked, rescinded, or modified by the Native Corporation. (2)  Technical corrections Not later than 90 days after the date of receipt of a notification by the Secretary that there appears to be a technical error in the priorities, the Native Corporation may correct the technical error in accordance with any recommendations of, and in a manner prescribed by or acceptable to, the Secretary. (d)  Relinquishment. (1)  In general As of the date on which the Native Corporation submits its final priorities under subsection (a) (A) any unprioritized, remaining selections of the Native Corporation (i) are relinquished, but any part of the selections may be reinstated for the purpose of correcting a technical error; and (ii) have no further segregative effect; and (B) all withdrawals under sections 11 and 16 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1610 (2)  Records All relinquishments under paragraph (1) shall be included in Bureau of Land Management land records. (e)  Failure To Submit Priorities If a Native Corporation fails to submit priorities by the deadline specified in subsection (a) (1) with respect to a Native Corporation that has priorities on file with the Secretary, the Secretary (A) shall convey to the Native Corporation the remaining entitlement of the Native Corporation, as determined based on the most recent priorities of the Native Corporation on file with the Secretary and in accordance with the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 (B) may reject any selections not needed to fulfill the entitlement; or (2) with respect to a Native Corporation that does not have priorities on file with the Secretary, the Secretary shall satisfy the entitlement by conveying land selected by the Secretary, in consultation with the appropriate Native Corporation, the Federal land managing agency with administrative jurisdiction over the land to be conveyed, and the State, that, to the maximum extent practicable, is (A) compact; (B) contiguous to land previously conveyed to the Native Corporation; and (C) consistent with the applicable preliminary Regional Conveyance and Survey Plan referred to in section 401. (f)  Plan of Conveyance. (1)  In general The Secretary shall (A) identify any Native Corporation that does not have sufficient priorities on file; (B) develop priorities for the Native Corporation in accordance with subsection (e); and (C) provide to the Native Corporation a plan of conveyance based on the priorities developed under subparagraph (B). (2)  Finalized selections Not later than 180 days after the date on which the Secretary provides a plan of conveyance to the affected Village, Group, or Urban Corporation and the Regional Corporation, the Regional Corporation shall finalize any Regional selections that are in conflict with land selected by the Village, Group, or Urban Corporation that has not been prioritized by the deadline under subsection (a)(1). (g)  Dissolved or Lapsed Corporations. (1) (A) If a Native Corporation is lapsed or dissolved at the time final priorities are required to be filed under this section and does not have priorities on file with the Secretary, the Secretary shall establish a deadline for the filing of priorities that shall be one year from the provisions of notice of the deadline. (B) To fulfill the notice requirement under paragraph (1), the Secretary shall (i) publish notice of the deadline to a lapsed or dissolved Native Corporation in a newspaper of general circulation nearest the locality where the affected land is located; and (ii) seek to notify in writing the last known shareholders of the lapsed or dissolved corporation. (C) If a Native Corporation does not file priorities with the Secretary before the deadline set pursuant to subparagraph (A), the Secretary shall notify Congress. (2) If a Native Corporation with final priorities on file with the Bureau of Land Management is lapsed or dissolved, the United States (A) shall continue to administer the prioritized selected land under applicable law; but (B) may reject any selections not needed to fulfill the lapsed or dissolved Native Corporations entitlement. Availability of Property Account for Purposes Involving Public Sale of Property by Federal Agencies Pub. L. 100202,  101(j) [ 127] Dec. 22, 1987 101 Stat. 1329311 In addition to the purposes for which it is now available, the property account established by section 12(b) of the Act of January 2, 1976 43 U.S.C. 1611 section 12(b) of Pub. L. 94204 Authority To Convey Lands Under Application for Selection to Cook Inlet Region, Inc., for Reconveyance to Village Corporations; Tender of Conveyance of Described Land to Cook Inlet Region, Inc., Acceptance by Region, and Effect On Entitlement Pub. L. 94456 Oct. 4, 1976 90 Stat. 1935  Sec. 4. (a) The Secretary is authorized to convey lands under application for selection by Village Corporations within Cook Inlet Region to the Cook Inlet Region, Incorporated, for reconveyance by the Region to such Village Corporations. Such lands shall be conveyed as partial satisfaction of the statutory entitlement of such Village Corporations from lands withdrawn pursuant to section 11(a)(3) of the Alaska Native Claims Settlement Act [ section 1610(a)(3) of this title section 12 of the Act of January 2, 1976 89 Stat. 1145 (b) The Secretary shall not be required to survey any land conveyed pursuant to subsection 4(a) until the Village Corporation entitlement for all eligible Village Corporations has been conveyed. With respect to the conveyances made by the Secretary in the manner authorized by subsection 4(a), the Secretary shall survey the exterior boundaries of each entire area conveyed to Cook Inlet Region, Incorporated, pursuant to subsection 4(a) and monument to boundary lines at angle points and intervals of approximately two miles on straight lines. The Secretary shall not be required to provide ground survey or monumentation along meanderable water boundaries. Each township corner located within the exterior boundary of land conveyed shall be located and monumented. Any areas within such tracts that are to be reconveyed pursuant to section 14(C)(1) and (2) of the Settlement Act [section 1613(c)(1) and (2) of this title] shall also be surveyed pursuant to 43 C.F.R. 2650. (c) Conveyances made under the authority of subsection (a) of this section shall be considered conveyances under the Settlement Act [this chapter] and subject to the provisions of that Act, except as provided by this Act [amending section 1615(a) and (d) of this title and amending provisions set out as a note below]. Sec. 5. (a) The Secretary shall, within sixty days after the effective date of this Act [ Oct. 4, 1976 August 31, 1976 section 12 of the Act of January 2, 1976 section 1611(c) of this title (b) The land referred to in subsection (a) is described as a parcel of land located in section 7 of township 13 north, range 2 west of the Seward Meridian, Third Judicial District, State of Alaska; said parcel being all of Government lots 5 and 7 and that portion of the SE14 NW14 lying north of the north right-of-way line of the Glenn Highway, State of Alaska, Department of Highways Project No. F0421(2), and more particularly described as follows: Commencing at the north quarter corner of said section 7; thence south 00 degrees 12 minutes east, a distance of 1,320.0 feet, more or less, to the northeast corner of said southeast quarter northwest quarter; thence west along the north line of southeast quarter northwest quarter a distance of 94.0 feet, more or less, to the north right-of-way line of the Glenn Highway and the true point of beginning; thence south 53 degrees 16 minutes 15 seconds west along said north right-of-way line, a distance of 1,415.0 feet, more or less, to a point of curve being at right angles to centerline Station 216 plus 51.35; thence continuing along said north right-of-way line along a curve to the right with a central angle of 12 degrees 51 minutes 34 seconds, having a radius of 5,595.58 feet for an arc distance of 105.0 feet, more or less, to a point of intersection of said north right-of-way line with the west line of said southeast quarter northwest quarter; thence north 00 degrees 12 minutes west along said west line, being common with the east line of Government lot 5, a distance of 910.0 feet, more or less, to the northwest corner of said southeast quarter northwest quarter; thence east along the north line of said southeast quarter northwest quarter, a distance of 1,225.0 feet, more or less, to the point of beginning; containing 56.24 acres, more or less. Settlement of Claims and Consolidation of Ownership Among the United States, the Cook Inlet Region, Inc. and the State of Alaska Pub. L. 94204,  12 Jan. 2, 1976 89 Stat. 1150 Pub. L. 94456,  3 Oct. 4, 1976 90 Stat. 1935 Pub. L. 95178,  3(a) Nov. 15, 1977 91 Stat. 1369 Pub. L. 9655,  2 Aug. 14, 1979 93 Stat. 386 Pub. L. 96311 July 17, 1980 94 Stat. 947 Pub. L. 96487, title XIV,  1435 Dec. 2, 1980 94 Stat. 2545 Pub. L. 97468, title VI,  606(d) Jan. 14, 1983 96 Stat. 2566 Pub. L. 99500,  101(h) [title III,  319] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title III,  319] Oct. 30, 1986 100 Stat. 3341242 Pub. L. 101511, title VIII,  8133(a) Nov. 5, 1990 104 Stat. 1909 Pub. L. 102154, title III,  320 Nov. 13, 1991 105 Stat. 1036 Pub. L. 103204,  32(b) Dec. 17, 1993 107 Stat. 2413  (a) The purpose of this section is to provide for the settlement of certain claims, and in so doing to consolidate ownership among the United States, the Cook Inlet Region Incorporated (hereinafter in this section referred to as the Region), and the State of Alaska, within the Cook Inlet area of Alaska in order to facilitate land management and to create land ownership patterns which encourage settlement and development in appropriate areas. The provisions of this section shall take effect at such time as all of the following have taken place: (1) the State of Alaska has conveyed or irrevocably obligated itself to convey lands to the United States for exchange, hereby authorized, with the Region in accordance with the document referred to in subsection (b); (2) the Region and all plaintiffs/appellants have withdrawn from Cook Inlet against Kleppe, numbered 752232, ninth circuit, and such proceedings have been dismissed with prejudice; and (3) all Native village selections under section 12 of the Settlement Act [ section 1611 of this title The conveyances described in paragraph (1) of this subsection shall not be subject to the provisions of section 6(i) of the Alaska Statehood Act ( 72 Stat. 339 section 21 of Title 48 (b) The Secretary shall make the following conveyances to the Region, in accordance with the specific terms, conditions, procedures, covenants, reservations, and other restrictions set forth in the document entitled Terms and Conditions for Land Consolidation and Management in Cook Inlet Area, which was submitted to the House Committee on Interior and Insular Affairs on December 10, 1975 August 31, 1976 (1) title to approximately 10,240 acres of land within the Kenai National Moose Range; except that there shall be no conveyance of the bed of Lake Tustamena, or the mineral estate in the waterfront zone described in the document referred to in this subsection; (2) title to oil and gas and coal in not to exceed 9.5 townships within the Kenai National Moose Range; (3) title to Federal interests in township 10 south, range 9 west, F.M., and township 20 north, range 9 east, S.M.; (4) title to township 1 south, range 21 west, S.M.: sections 3 to 10, 15 to 22, 29, and 30; and rights to metalliferous minerals in the following sections in township 1 north, range 21 west, S.M.: sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 28, 32, 33, 34, 35, 36; (5) title to twenty-nine and sixty-six hundredths townships of land outside the boundaries of Cook Inlet Region: unless pursuant to the document referred to in this subsection a greater or lesser entitlement shall exist, in which case the Secretary shall convey such entitlement; (6) title to lands selected by the Region from a pool which shall be established by the Secretary and the Administrator of General Services: Provided l l Provided further section 1621(e) of this title (7) (i) Until the obligations of the Secretary and the Administrator of General Services under section 12(b)(5) and (6) of this Act [subsec. (b)(5), (6) of this note] are otherwise fulfilled: (a) Cook Inlet Region, Incorporated, may, by using the account established in subsection 12(b)(7)(iv) [subsec. (b)(7)(iv) of this note], bid, as any other bidder for property as defined in subsection 12(b)(7)(vii) [subsec. (b)(7)(vii) of this note],, [sic] wherever located, in accordance with the applicable laws and regulations of the Federal agency or instrumentality offering such property for sale. No preference right of any type will be offered to Cook Inlet Region Incorporated, for bidding on property under this section 12(b)(7) [subsec. (b)(7) of this note]. There shall be no advertising other than that ordinarily required by such sale. [sic] (b) the Administrator of General Services may, at the discretion of the Administrator, tender to the Secretary any surplus property otherwise to be disposed of pursuant to 40 U.S.C. 484(e)(3) 40 U.S.C. 545(b) Provided (ii) Subject to the exceptions stated in section 12(b)(9) [subsec. (b)(9) of this note], and notwithstanding the foregoing subsection 12(b)(7)(i) [subsec. (b)(7)(i) of this note] and any provision of any other law or any implementing regulation inconsistent with this subsection, until the obligations of the Secretary and the Administrator of General Services under section 12(b)(5) and (6) [subsec. (b)(5) and (6) of this note] are otherwise fulfilled: (A) concurrently with the commencement of screening of any excess real property, wherever located, for utilization by Federal agencies, the Administrator of General Services shall notify the Region that such property may be available for conveyance to the Region upon negotiated sale. Within fifteen days of the date of receipt of such notice, the Region may advise the Administrator that there is a tentative need for the property to fulfill the obligations established under section 12(b)(5) and (6) [subsec. (b)(5) and (6) of this note]. If the Administrator determines the property should be disposed of by transfer to the Region, the Administrator or other appropriate Federal official shall promptly transfer such property; (B) no disposition or conveyance of property under this subsection to the Region shall be made until the Administrator, after notice to affected State and local governments, has provided to them such opportunity to obtain the property as is recognized in title 40, United States Code and the regulations thereunder for the disposition or conveyance of surplus property; and (C) as used in this subsection, real property means any land or interests in land owned or held by the United States or any Federal agency, any improvements on such land or rights to their use or exploitation, and any personal property related to the land. (iii) If the Region accepts any conveyance under section 12(b)(7)(i) or (ii) [subsec. (b)(7)(i) or (ii) of this note], it shall be in exchange for acres or acre-equivalents as provided in subparagraph I(C)(2)(e) of the document referred to in this section, except that, after the obligation of the Secretary and the Administrator under subparagraph I(C)(2)(g) of that document has been fulfilled, the acre-equivalents under subparagraph I(C)(2)(e)(iii)(A) shall be one-half the valued increment therein stated. The entitlement of the Region under section 12(b) of this Act [subsec. (b) of this note] shall be reduced by the number of acres or acre-equivalents attributed to the Region under this subsection. The Secretary and the Administrator are directed to execute an agreement with the Region which shall conform substantially to the Memorandum of Understanding Regarding the Implementation of Section 12(b)(7), dated September 10, 1982 (iv) The Secretary of the Treasury shall establish a Cook Inlet Region, Incorporated property account, which shall be available for the purpose of bidding on property, as defined in subsection 12(b)(7)(vii) [subsec. (b)(7)(vii) of this note], or paying for the conveyance of property pursuant to subsections 12(b)(7)(i) or (ii) [subsec. (b)(7)(i), (ii) of this note]. The balance of the account shall be the sum of (1) the acre-equivalent exchange value established by paragraph I(C)(2)(e)(iii)(A) of the document referred to in this subsection, of the unfulfilled entitlement of Cook Inlet Region, Incorporated, [on] December 2, 1980 (v) The amount charged against the Treasury account established under subsection 12(b)(7)(iv) [subsec. (b)(7)(iv) of this note] for sales or transfers of property made pursuant to the Federal Property and Administrative Services Act of 1949, 40 U.S.C. sec. 471 et seq. [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts], or any legislative or executive delegation under that Act, shall be treated as proceeds of dispositions of surplus property for the purpose of determining the basis for calculating direct expenses pursuant to 40 U.S.C. 485(b) 40 U.S.C. 572(a) (vi) The basis for computing gain or loss on subsequent sale or other disposition of lands or interests in land conveyed to Cook Inlet Region, Incorporated, under this subsection, for purposes of any Federal, State or local tax imposed on or measured by income, shall be the fair value of such land or interest in land at the time of receipt. The amount charged against Cook Inlets entitlement under I(C)(2)(e) of the document referred to in subsection (b) of this section [subsec. (b) of this note] shall be prima facie evidence of such fair value. (vii) Notwithstanding the definition of property found in the Federal Property and Administrative Services Act of 1949, as amended [see 40 U.S.C. 102(9) (viii) Any charge against the property account and any transfer of funds from the property account heretofore made for the purpose of consummating any prior sale or making a deposit or other payment to bind any contract of sale or paying any forfeiture of deposit, penalty or assessment is hereby authorized, ratified and affirmed. (8) Subject to the exceptions stated in section 12(b)(9) [subsec. (b)(9) of this note], and notwithstanding any provisions of law or implementing regulation inconsistent with this section: (i) The deadlines in subparagraphs I(C)(2)(a) and (g) of the document referred to in this section shall be extended until the Secretarys obligations under section 12(b)(5) and (6) [subsec. (b)(5) and (6) of this note] are fulfilled: Provided (A) the obligation of the Secretary under subparagraph I(C)(2)(a) of such document shall terminate on such date, after July 15, 1984 Provided July 15, 1984 (B) the authority of the Secretary under subparagraphs I(C)(2)(b) and I(C)(2)(g)(ii) of such document to contribute to the pool created under subparagraph I(C)(2)(a) of such document shall terminate (a) on July 15, 1984 July 15, 1984 July 15, 1987 (C) the concurrence by the State as described in subparagraphs I(C)(2)(a)(vi) and I(C)(2)(c) of the document referred to in this section shall be deemed not required after the Secretary has fulfilled his obligation under subparagraph I(C)(2)(g) of that document, but in no event after July 15, 1987 July 15, 1987 (D) notwithstanding section 606(a)(2) of the Alaska Railroad Transfer Act of 1982 [ section 1205(a)(2) of Title 45 Provided And provided further section 1201 of Title 45 (ii) In addition to the review required to identify public lands under section 3(e) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(e) 43 U.S.C. 1602(e) 43 U.S.C. 1610 Provided And provided further (iii) The concurrence required of the State as to the inclusion of any property in the pool under subparagraph I(C)(2)(b) of the document referred to in this section shall be deemed obtained unless the State advises the Secretary in writing, within ninety days of receipt of a formal notice from the Secretary that the Secretary is considering placing property in the selection pool, that the State, or a municipality of the State which includes all or part of the property in question requires the property for a public purpose of the State or the municipality. (iv) The deadlines in subparagraph I(C)(1)(b) of the document referred to in this section shall be extended for an additional twenty-four months beyond the dates established in the Act of July 17, 1980 Public Law 96311 94 Stat. 947 (v) On or before January 15, 1985 (A) such studies and inquiries as shall have been initiated by the Secretary and the Administrator of General Services, or have been prepared by other holding agencies, to determine what lands, except for lands held by the Alaska Railroad or the State-owned railroad, within the boundaries of the Cook Inlet Region or elsewhere can be made available to the Region, to the extent of its entitlement; (B) the feasibility and appropriate nature of reimbursement of the Region for its unfulfilled entitlement as valued in subsection 12(b)(7)(iv) of this Act [subsec. (b)(7)(iv) of this note]; (C) the extent to which implementation of the mechanisms established in section 12(b)(7) [subsec. (b)(7) of this note] promise to meet such unfulfilled entitlement; (D) such other remedial legislation or administrative action as may be needed; and (E) the need to terminate any mechanism established by law through which the entitlement of the Region may be completed. (9) No disposition or conveyance of property located within the State to the Region under section 12(b)(6), 12(b)(7) and 12(b)(8), as amended [subsec. (b)(6) to (8) of this note], shall be made if the property is subject to an express waiver of rights under the provisions of subparagraph I(C)(2)(f) of the document referred to in this section, or if such disposition or conveyance violates valid rights, including valid selections or valid authorized agreements, of Native Corporations (as such term is used in section 102(6) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3102(6) section 6 of Public Law 85508 section 21 of Title 48 section 1635(e) of this title section 12(h) of the Act of January 2, 1976 Public Law 94204 89 Stat. 1154 Provided, however section 12(b) of the Act of January 2, 1976 Public Law 94204 89 Stat. 1151 section 4 of the Act of October 4, 1976 Public Law 94456 90 Stat. 1935 section 3 of the Act of November 15, 1977 Public Law 95178 91 Stat. 1369 section 2 of the Act of August 14, 1979 Public Law 9655 93 Stat. 386 July 17, 1980 Public Law 96311 94 Stat. 947 (10) For the purpose of its incorporation into this section, paragraph I(C)(1) of the document referred to in this section is amended as follows: (1) by striking withdrawn and inserting in lieu thereof withdrawn or formerly withdrawn; (2) by striking 17(d)(1) and inserting in lieu thereof 17(d)(1) and (2); and (3) by striking the last sentence of subparagraph I(C)(1)(a) and inserting in lieu thereof the following: Cook Inlet Region, Incorporated shall not nominate any lands within the boundaries of any conservation system unit, national conservation area, national recreation area, national forest, defense withdrawal, or any lands that were made available to the State for selection pursuant to sections 2 and 5 of the State-Federal Agreement of September 1, 1972 (11) Notwithstanding the provisions of section 906 of the Alaska National Interest Lands Conservation Act [ section 1635 of this title 72 Stat. 339 section 21 of Title 48 (i) The State is hereby authorized to convey to the United States for reconveyance to the Region, and the Secretary is directed to accept and so reconvey, lands tentatively approved for patent or patented to the State, if the State and the Region enter into an agreement that such lands shall be reconveyed to the Region to fulfill all or part of its entitlement under paragraph I(C)(1) of the document referred to in this section: Provided (ii) The Secretary is directed to convey to the Region lands selected by the State prior to July 18, 1973 September 1, 1972 (iii) The Secretary, in the Secretarys discretion, is authorized to enter into an agreement with the State and the Region to implement the authority contained in this section 12(b)(11) [subsec. (b)(11) of this note], which agreement may provide for conveyances directly from the State to the Region. Conveyances directly conveyed shall be deemed conveyances from the Secretary pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 (c) The lands and interests conveyed to the Region under the foregoing subsections of this section and the lands provided by the State exchange under subsection (a)(1) of this section, shall be considered and treated as conveyances under the Settlement Act [this chapter] unless otherwise provided, and shall constitute the Regions full entitlement under sections 12(c) and 14(h)(8) of the Settlement Act [sections 1611(c) and 1613(h)(8) of this title]. Of such lands, 3.58 townships of oil and gas and coal in the Kenai National Moose Range shall constitute the full surface and subsurface entitlement of the Region under section 14(h)(8) [ section 1613(h)(8) of this title (d) (1) The Secretary shall convey to the State of Alaska all right, title, and interest of the United States in and to all of the following lands: (i) At least 22.8 townships and no more than 27 townships of land from those presently withdrawn under section 17(d)(2) of the Settlement Act [ section 1616(d)(2) of this title (ii) 26 townships of lands in the Talkeetna Mountains, Kamishak Bay, and Tutna Lake areas, the identities of which are set forth in the document referred to in subsection (b). All lands granted to the State of Alaska pursuant to this subsection shall be regarded for all purposes as if conveyed to the State under and pursuant to section 6 of the Alaska Statehood Act [set out as a note preceding section 21 of Title 48 Provided, however (2) The Secretary is authorized and directed to convey to the State of Alaska, without consideration, all right, title, and interest of the United States in and to all that tract generally known as the Campbell tract and more particularly identified in the document referred to in subsection (b) except for one compact union of land, which he determines, after consultation with the State of Alaska, is actually needed by the Bureau of Land Management for its present operations: Provided 44 Stat. 741 Provided, however June 4, 1954 68 Stat. 173 section 869(b) of this title Provided further (3) The Secretary is authorized and directed to make available for selection by the State, in its discretion, under section 6 of the Alaska Statehood Act [set out as a note preceding section 21 of Title 48 (e) The Secretary may, notwithstanding any other provision of law to the contrary, convey title to lands and interests in lands selected by Native corporations within the exterior boundaries of Power Site Classification 443, February 13, 1958 section 818 of Title 16 (f) All conveyances of lands made or to be made by the State of Alaska in satisfaction of the terms and conditions of the document referred to in subsection (b) of this section shall pass all of the States right, title, and interest in such lands, including the minerals therein, as if those conveyances were made pursuant to section 22(f) of the Settlement Act [ section 1621(f) of this title (g) The Secretary, through the National Park Service, shall provide financial assistance, not to exceed $25,000, hereby authorized to be appropriated, and technical assistance to the Region for the purpose of developing and implementing a land use plan for the west side of Cook Inlet, including an analysis of alternative uses of such lands. (h) Village Corporations within the Cook Inlet Region shall have until December 18, 1976 section 1611(b) of this title (i) The Secretary shall report to the Congress by April 15, 1976 December 18, 1976 Conveyance to Koniag, Inc., a Regional Corporation, of the Subsurface Estate of Lands To Be Selected Pub. L. 94204,  15 Jan. 2, 1976 89 Stat. 1154 Pub. L. 96487, title IX,  911 Dec. 2, 1980 94 Stat. 2447  (a) The Secretary shall convey under section 12(a)(1) and 14(f) of the Settlement Act [sections 1611(a)(1) and 1613(f) of this title] to Koniag, Incorporated, a Regional Corporation established pursuant to section 7 of said Act [ section 1606 of this title Township 36 south, range 52 west, all; Township 37 south, range 51 west, all; Township 37 south, range 52 west, all; Township 37 south, range 53 west, sections 1 through 4, 9 through 16, 21 through 24, and the north half of sections 25 through 28; Township 38 south, range 51 west, sections 1 through 5, 9, 10, 12, 13, 18, 24, and 25; Township 38 south, range 52 west, sections 1 through 35; Township 38 south, range 53 west, sections 1, 12, 13, 24, 25, and 26; Township 39 south, range 51 west, sections 1, 6, 7, 16 through 21, 28 through 33, and 36; Township 39 south, range 52 west, sections 1, 2, 11 through 15, and 22 through 24; Township 39 south, range 53 west, sections 33 through 36, and the south half of section 26; Township 40 south, range 51 west, sections 2 and 6; Township 40 south, range 52 west, sections 6 through 10, 15 through 21, and 27 through 36; Township 40 south, range 53 west, sections 1 through 19, 21 through 28, and 34 through 36; Township 40 south, range 54 west, sections 1 through 34; Township 41 south, range 52 west, sections 7, 8, 9, 16, 17, and 18; Township 41 south, range 53 west, sections 1, 4, 5, 8, 9, 11, 12, and 16; Township 41 south, range 54 west, section 6, S. M., Alaska; Notwithstanding the withdrawal of such lands by Public Land Order 5179, as amended, pursuant to section 17(d)(2) of the Settlement Act [ section 1616(d)(2) of this title Provided section 1616(d)(2)(A) of this title The United States shall make available to Koniag, its successors and assigns, such sand and gravel as is reasonably necessary for the construction of facilities and rights-of-way appurtenant to the exercise of the rights conveyed under this section, pursuant to the provisions of section 601 et seq., title 30, United States Code, and the regulations implementing that statute which are then in effect. (b) The subsurface estate in all lands other than those described in subsection (a) within the Koniag Region and withdrawn under section 17(d)(2)(E) of the Settlement Act [ section 1616(d)(2)(E) of this title Selection of Lands by Village Corporation of Tatitlek Pub. L. 94204,  16 Jan. 2, 1976 89 Stat. 1155  Within ninety days after the date of enactment of this Act [ Jan. 2, 1976 Township 9 south, range 3 east, sections 23, 26, 3135. Township 10 south, range 3 east, sections 227, 3436. Township 11 south, range 4 east, sections 5, 6, 8, 9, 16, 17, 2022, 2729, 3335. Township 9 south, range 3 east, sections 36, 911. Township 9 south, range 3 east, sections 1416, 21, 22, 27, 28. The Secretary shall receive and adjudicate such selections as though they were timely filed pursuant to section 12(a) or 12(b) of the Settlement Act [section 1611(a) or 1611(b) of this title], and were withdrawn pursuant to section 11 of that Act [ section 1610 of this title The Secretary shall convey such lands selected pursuant to this authorization which otherwise comply with the applicable statutes and regulations. This section shall not be construed to increase the entitlement of the corporation of the enrolled residents of Tatitlek or to increase the amount of land that may be selected from the National Forest System. The subsurface of any land selected pursuant to this section shall be conveyed to the Regional Corporation for the Chugach Region pursuant to section 14(f) of the Settlement Act [ section 1613(f) of this title  1612. Surveys (a) Areas for conveyance to Village Corporations; monumentation of exterior boundaries; meanderable water boundaries exempt from requirement; land occupied as primary place of residence or business, or for other purposes and other patentable lands as subject to survey The Secretary shall survey the areas selected or designated for conveyance to Village Corporations pursuant to the provisions of this chapter. He shall monument only exterior boundaries of the selected or designated areas at angle points and at intervals of approximately two miles on straight lines. No ground survey or monumentation will be required along meanderable water boundaries. He shall survey within the areas selected or designated land occupied as a primary place of residence, as a primary place of business, and for other purposes, and any other land to be patented under this chapter. (b) Withdrawals, selections, and conveyances pursuant to chapter: current plats of surveys or protraction diagrams; conformity to Land Survey System All withdrawals, selections, and conveyances pursuant to this chapter shall be as shown on current plats of survey or protraction diagrams of the Bureau of Land Management, or protraction diagrams of the Bureau of the State where protraction diagrams of the Bureau of Land Management are not available, and shall conform as nearly as practicable to the United States Land Survey System. ( Pub. L. 92203,  13 Dec. 18, 1971 85 Stat. 702  1613. Conveyance of lands (a) Native villages listed in section 1610 and qualified for land benefits; patents for surface estates; issuance; acreage Immediately after selection by a Village Corporation for a Native village listed in section 1610 of this title     If the village had on the 1970 census enumeration date a Native population between It shall be entitled to a patent to an area of public lands equal to  25 and 99 69,120 acres. 100 and 199 92,160 acres. 200 and 399 115,200 acres. 400 and 599 138,240 acres. 600 or more 161,280 acres. The lands patented shall be those selected by the Village Corporation pursuant to section 1611(a) of this title section 1611(b) of this title (b) Native villages listed in section 1615 and qualified for land benefits; patents for surface estates; issuance; acreage Immediately after selection by any Village Corporation for a Native village listed in section 1615 of this title section 1615(a) of this title (c) Patent requirements; order of conveyance; vesting date; advisory and appellate functions of Regional Corporations on sales, leases, or other transactions prior to final commitment Each patent issued pursuant to subsections (a) and (b) shall be subject to the requirements of this subsection. Upon receipt of a patent or patents: (1) the Village Corporation shall first convey to any Native or non-Native occupant, without consideration, title to the surface estate in the tract occupied as of December 18, 1971 (2) the Village Corporation shall then convey to the occupant, either without consideration or upon payment of an amount not in excess of fair market value, determined as of the date of initial occupancy and without regard to any improvements thereon, title to the surface estate in any tract occupied as of December 18, 1971 (3) the Village Corporation shall then convey to any Municipal Corporation in the Native village or to the State in trust for any Municipal Corporation established in the Native village in the future, title to the remaining surface estate of the improved land on which the Native village is located and as much additional land as is necessary for community expansion, and appropriate rights-of-way for public use, and other foreseeable community needs: Provided Provided further Provided, however (4) the Village Corporation shall convey to the Federal Government, State, or to the appropriate Municipal Corporation, title to the surface estate for airport sites, airway beacons, and other navigation aids as such existed on December 18, 1971 December 18, 1971 (5) for a period of ten years after December 18, 1971 There is authorized to be appropriated such sums as may be necessary for the purpose of providing technical assistance to Village Corporations established pursuant to this chapter in order that they may fulfill the reconveyance requirements of this subsection. The Secretary may make funds available as grants to ANCSA or nonprofit corporations that maintain in-house land planning and management capabilities. (d) Rule of approximation with respect to acreage limitations (1) The Secretary may apply the rule of approximation with respect to the acreage limitations contained in this section. (2) For purposes of applying the rule of approximation under this section, the largest legal subdivision that may be conveyed in excess of the applicable acreage limitation specified in subsection (a) shall be (A) in the case of land managed by the Bureau of Land Management that is not within a conservation system unit, the next whole section; (B) in the case of land managed by an agency other than the Bureau of Land Management that is not within a conservation system unit, the next quarter-section and only with concurrence of the agency; or (C) in the case of land within a conservation system unit, a quarter of a quarter section, and if the land is managed by an agency other than the Bureau of Land Management, only with the concurrence of that agency. (3) (A) If the Secretary determines pursuant to paragraph (2) that an entitlement of a Village Corporation (other than a Village Corporation listed in section 1615(a) of this title (B) An agreement entered into under subparagraph (A) shall be (i) in writing; (ii) executed by the Secretary and the Village or Regional Corporation; and (iii) authorized by a corporate resolution adopted by the affected Village or Regional Corporation. (C) After execution of an agreement under subparagraph (A) and conveyance of the agreed upon tract to the affected Village or Regional Corporation (i) the Secretary shall not make any further adjustments to calculations relating to acreage entitlements of the Village or Regional Corporation; and (ii) the Village or Regional Corporation shall not be entitled to any further conveyances under this chapter. (D) A Village or Regional Corporation shall not be eligible to receive land under subparagraph (A) if the Village or Regional Corporation has received the full land entitlement of the Village or Regional Corporation through (i) an actual conveyance of land; or (ii) a previous agreement. (E) If the calculations of the Secretary indicate that the final survey boundaries for any Village or Regional Corporation entitlement for which an agreement has not been entered into under this paragraph include acreage in a quantity that exceeds the statutory entitlement of the corporation by 110 of 1 percent or less, but not more than the applicable acreage limitation specified in paragraph (2) (i) the entitlement shall be considered satisfied by the conveyance of the surveyed area; and (ii) the Secretary shall not change the survey for the sole purpose of an acreage adjustment. (F) This paragraph does not limit or otherwise affect the ability of a Village or Regional Corporation to enter into land exchanges with the United States. (e) Surface and/or subsurface estates to Regional Corporations Immediately after selection by a Regional Corporation, the Secretary shall convey to the Regional Corporation title to the surface and/or the subsurface estates, as is appropriate, in the lands selected. (f) Patents to Village Corporations for surface estates and to Regional Corporations for subsurface estates; excepted lands; mineral rights, consent of Village Corporations When the Secretary issues a patent to a Village Corporation for the surface estate in lands pursuant to subsections (a) and (b), he shall issue to the Regional Corporation for the region in which the lands are located a patent to the subsurface estate in such lands, except lands located in the National Wildlife Refuge System and lands withdrawn or reserved for national defense purposes, including Naval Petroleum Reserve Numbered 4, for which in lieu rights are provided for in section 1611(a)(1) of this title Provided (g) Valid existing rights preserved; saving provisions in patents; patentee rights; administration; proportionate rights of patentee All conveyances made pursuant to this chapter shall be subject to valid existing rights. Where, prior to patent of any land or minerals under this chapter, a lease, contract, permit, right-of-way, or easement (including a lease issued under section 6(g) of the Alaska Statehood Act) has been issued for the surface or minerals covered under such patent, the patent shall contain provisions making it subject to the lease, contract, permit, right-of-way, or easement, and the right of the lessee, contractee, permittee, or grantee to the complete enjoyment of all rights, privileges, and benefits thereby granted to him. Upon issuance of the patent, the patentee shall succeed and become entitled to any and all interests of the State or the United States as lessor, contractor, permitter, or grantor, in any such leases, contracts, permits, rights-of-way, or easements covering the estate patented, and a lease issued under section 6(g) of the Alaska Statehood Act shall be treated for all purposes as though the patent had been issued to the State. The administration of such lease, contract, permit, right-of-way, or easement shall continue to be by the State or the United States, unless the agency responsible for administration waives administration. In the event that the patent does not cover all of the land embraced within any such lease, contract, permit, right-of-way, or easement, the patentee shall only be entitled to the proportionate amount of the revenues reserved under such lease, contract, permit, right-of-way, or easement by the State or the United States which results from multiplying the total of such revenues by a fraction in which the numerator is the acreage of such lease, contract, permit, right-of-way, or easement which is included in the patent and the denominator is the total acreage contained in such lease, contract, permit, right-of-way, or easement. (h) Authorization for land conveyances; surface and subsurface estates The Secretary is authorized to withdraw and convey 2 million acres of unreserved and unappropriated public lands located outside the areas withdrawn by sections 1610 and 1615 of this title, and 1 1 (1) (A) The Secretary may withdraw and convey to the appropriate Regional Corporation fee title to existing cemetery sites and historical places. (B) Only title to the surface estate shall be conveyed for lands located in a Wildlife Refuge, when the cemetery or historical site is greater than 640 acres. (C) (i) Notwithstanding acreage allocations made before December 10, 2004 (I) with respect to which there is an application on record with the Secretary on December 10, 2004 (II) that is eligible for conveyance. (ii) Clause (i) shall also apply to any of the 188 closed applications that are determined to be eligible and reinstated under Secretarial Order No. 3220 dated January 5, 2001 (D) No applications submitted for the conveyance of land under subparagraph (A) that were closed before December 10, 2004 (E) After December 10, 2004 (i) no application may be filed for the conveyance of land under subparagraph (A); and (ii) no pending application may be amended, except as necessary to conform the application to the description in the certification of eligibility of the Bureau of Indian Affairs. (F) Unless, not later than 1 year after December 10, 2004 (i) the application shall not be valid; and (ii) the Secretary shall reject the application. (G) The State and the head of the Federal agency with administrative jurisdiction over the land shall have 30 days to provide written comments to the Secretary (i) identifying any third party interest to which a conveyance under subparagraph (A) should be made subject; and (ii) describing any easements recommended for reservation. (2) The Secretary may withdraw and convey to a Native group that does not qualify as a Native village, if it incorporates under the laws of Alaska, title to the surface estate in not more than 23,040 acres surrounding the Native groups locality. The subsurface estate in such land shall be conveyed to the appropriate Regional Corporation unless the lands are located in a Wildlife Refuge; (3) The Secretary may withdraw and convey to the Natives residing in Sitka, Kenai, Juneau, and Kodiak, if they incorporate under the laws of Alaska, the surface estate of lands of a similar character in not more than 23,040 acres of land, which shall be located in reasonable proximity to the municipalities. The subsurface estate in such lands shall be conveyed to the appropriate Regional Corporation unless the lands are located in a Wildlife Refuge; (4) The Secretary shall withdraw only such lands surrounding the villages and municipalities as are necessary to permit the conveyance authorized by paragraphs (2) and (3) to be planned and effected; (5) The Secretary may convey to a Native, upon application within two years from December 18, 1971 August 31, 1971 (6) The Secretary shall charge against the 2 million acres authorized to be conveyed by this section all allotments approved pursuant to section 1617 of this title December 18, 1971 March 8, 1922 42 Stat. 415 43 U.S.C. 27011 2 2 section 1617 of this title December 18, 1971 December 18, 1975 section 12 of the Act of January 2, 1976 Public Law 94204 (7) The Secretary may withdraw and convey lands out of the National Wildlife Refuge System and out of the National Forests, for the purposes set forth in paragraphs (1), (2), (3), and (5) of this subsection; and (8) (A) Any portion of the 2 million acres not conveyed by this subsection shall be allocated and conveyed to the Regional Corporations on the basis of population. (B) Such allocation as the Regional Corporation for southeastern Alaska shall receive under this paragraph shall be selected and conveyed from lands that were withdrawn by sections 1615(a) and 1615(d) of this title and not selected by the Village Corporations in southeastern Alaska; except lands on Admiralty Island in the Angoon withdrawal area and, without the consent of the Governor of the State of Alaska or his delegate, lands in the Saxman and Yakutat withdrawal areas are not available for selection or conveyance under this paragraph. (C) (i) Notwithstanding any other provision of this subsection, as soon as practicable after December 10, 2004 (ii) Clause (i) shall apply to Chugach Alaska Corporation pursuant to the terms of the 1982 CNI Settlement Agreement. (iii) With respect to Cook Inlet Region, Inc., or Koniag, Inc. (I) clause (i) shall not apply; and (II) the portion of the 200,000 acres allocated to Cook Inlet Region Inc. or Koniag, Inc., shall be retained by the United States. (iv) This subparagraph shall not affect any prior agreement entered into by a Regional Corporation other than the agreements specifically referred to in this subparagraph. (9) Where the Regional Corporation is precluded from receiving the subsurface estate in lands selected and conveyed pursuant to paragraph (1), (2), (3), or (5), or the retained mineral estate, if any, pursuant to paragraph (6), it may select the subsurface estate in an equal acreage from other lands withdrawn for such selection by the Secretary, or, as to Cook Inlet Region, Incorporated, from those areas designated for in lieu selection in paragraph I.B.(2) of the document identified in section 12(b) of Public Law 94204 section 1616(d)(1) of this title (10) (A) Notwithstanding the provisions of sub section 1621(h) of this title (B) If a Regional Corporation does not have enough valid selections on file to fulfill the remaining entitlement of the Regional Corporation under paragraph (8), the Secretary may use the withdrawal authority under subparagraph (A) to withdraw land that is vacant, unappropriated, and unreserved on December 10, 2004 (11) For purposes set forth in paragraphs (1), (2), (3), (5), and (6) of this subsection, the term Wildlife Refuges refers to Wildlife Refuges as the boundaries of those refuges exist on December 18, 1971 ( Pub. L. 92203,  14 Dec. 18, 1971 85 Stat. 702 Pub. L. 95178,  2 Nov. 15, 1977 91 Stat. 1369 Pub. L. 96487, title XIV Dec. 2, 1980 94 Stat. 2493 Pub. L. 10442, title I,  104 Nov. 2, 1995 109 Stat. 355 Pub. L. 108452, title II Dec. 10, 2004 118 Stat. 35833585  Editorial Notes  References in Text Section 6(g) of the Alaska Statehood Act, referred to in subsec. (g), is section 6(g) of Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 December 10, 2004 Pub. L. 108452 Act of March 8, 1922 act Mar. 8, 1922, ch. 96 42 Stat. 415 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 12 of the Act of January 2, 1976 Public Law 94204 section 12 of Pub. L. 94204 Jan. 2, 1976 89 Stat. 1150 section 1611 of this title Amendments 2004Subsec. (d). Pub. L. 108452,  203 Subsec. (h)(1). Pub. L. 108452,  204 Subsec. (h)(8)(C). Pub. L. 108452,  205 Subsec. (h)(10). Pub. L. 108452,  206 1995Subsec. (c). Pub. L. 10442 1980Subsec. (c)(1). Pub. L. 96487,  1404(a) December 18, 1971 Subsec. (c)(2). Pub. L. 96487,  1404(b) December 18, 1971 Subsec. (c)(3). Pub. L. 96487,  1405 Subsec. (c)(4). Pub. L. 96487,  1404(c) December 18, 1971 December 18, 1971 Subsec. (h)(1). Pub. L. 96487,  1406(a) Subsec. (h)(2), (5). Pub. L. 96487,  1406(b) Subsec. (h)(6). Pub. L. 96487,  1406(c) Mar. 8, 1922 section 1617 of this title Dec. 18, 1971 Dec. 18, 1975 Jan. 2, 1976 section 1617 of this title Dec. 18, 1971 Subsec. (h)(9) to (11). Pub. L. 96487,  1406(d) 1977Subsec. (h)(8). Pub. L. 95178 Statutory Notes and Related Subsidiaries Claim to Subsurface Estate of Lands in Wildlife Refuge; Entitlement to In Lieu Surface or Subsurface Estate; Time Limitation; Waiver Pub. L. 96487, title XIV,  1406(e) Dec. 2, 1980 94 Stat. 2495 Any Regional Corporation which asserts a claim with the Secretary to the subsurface estate of lands selectable under section 14(h) of the Alaska Native Claims Settlement Act [subsec. (h) of this section] which are in a Wildlife Refuge shall not be entitled to any in lieu surface or subsurface estate provided by subsections 12(c)(4) and 14(h)(9) of such Act [ section 1611(c)(4) of this title Dec. 2, 1980 Dec. 18, 1971 Escrow Account Pending Conveyance of Withdrawn Lands; Proceeds Not Deposited in Account; Payments; Interest; Deposit of Account in United States Treasury; Public Easements; Authority for Payment Out of Treasury Funds Pub. L. 94204,  2 Jan. 2, 1976 89 Stat. 1146 Pub. L. 96487, title XIV,  1411 Dec. 2, 1980 94 Stat. 2497 Pub. L. 99396,  22 Aug. 27, 1986 100 Stat. 846 Pub. L. 100581, title II,  218 Nov. 1, 1988 102 Stat. 2942  (a) (1) During the period of the appropriate withdrawal for selection pursuant to the Settlement Act [this chapter], any and all proceeds derived from contracts, leases, licenses, permits, rights-of-way, or easements, or from trespass occurring after the date of withdrawal of the lands for selection, pertaining to lands or resources of lands, including wildlife proceeds received between the date of withdrawal and the date of conveyance from harvests on lands conveyed pursuant to the Act, withdrawn for Native selection pursuant to the Settlement Act shall be deposited in an escrow account which shall be held by the Secretary until lands selected pursuant to that Act have been conveyed to the selecting Corporation or individual entitled to receive benefits under such Act. (2) Such proceeds which were received, if any, subsequent to the date of withdrawal of the land for selection, but were not deposited in the escrow account shall be identified by the Secretary within two years of the date of conveyance or this Act [probably means Dec. 2, 1980 Provided January 2, 1976 25 U.S.C. 2 June 24, 1938 25 U.S.C. 162a January 2, 1976 January 2, 1976 January 2, 1976 January 2, 1976 Provided further And provided further (3) Such proceeds which have been deposited in the escrow account shall be paid, together with interest accrued by the Secretary to the appropriate Corporation or individual upon conveyance of the particular withdrawn lands. In the event that a conveyance does not cover all of the land embraced within any contract, lease, license, permit, right-of-way, easement, or trespass, the Corporation or individual shall only be entitled to the proportionate amount of the proceeds, including interest accrued, derived from such contract, lease, license, permit, right-of-way, or easement, which results from multiplying the total of such proceeds, including interest accrued, by a fraction in which the numerator is the acreage of such contract, lease, license, permit, right-of-way, or easement which is included in the conveyance and the denominator is the total acreage contained in such contract, lease, license, permit, right-of-way, or easement; in the case of trespass, the conveyee shall be entitled to the proportionate share of the proceeds, including a proportionate share of interest accrued, in relation to the damages occurring on the respective lands during the period the lands were withdrawn for selection. (4) Such proceeds which have been deposited in the escrow account pertaining to lands withdrawn but not selected pursuant to such Act [this chapter], or selected but not conveyed due to rejection or relinquishment of the selection, shall be paid, together with interest accrued, as would have been required by law were it not for the provisions of this Act [enacting sections 1625 to 1627 of this title, amending sections 1615, 1616, 1620, and 1621 of this title, and enacting provisions set out as notes under sections 1604, 1605, 1611, 1613, 1618, and 1625 of this title]. (5) Lands withdrawn under this subsection include all Federal lands identified under appendices A, B1, and B2 of the document referred to in section 12 of the Act of January 2, 1976 Public Law 94204 section 1611 of this title section 2 of the Act of January 2, 1976 (b) The Secretary is authorized to deposit in the Treasury of the United States the escrow account proceeds referred to in subsection (a) of this section, and the United States shall pay interest thereon semiannually from the date of deposit to the date of payment with simple interest at the rate determined by the Secretary of the Treasury to be the rate payable on short-term obligations of the United States prevailing at the time of payment: Provided June 24, 1938 52 U.S.C. 1037 section 162a of Title 25 Provided further (c) Any and all proceeds from public easements reserved pursuant to section 17(b)(3) of the Settlement Act [ section 1616(b)(3) of this title Jan. 2, 1976 (d) To the extent that there is a conflict between the provisions of this section and any other Federal laws applicable to Alaska, the provisions of this section will govern. Any payment made to any corporation or any individual under authority of this section shall not be subject to any prior obligation under section 9(d) or 9(f) of the Settlement Act [section 1608(d) or section 1608(f) of this title (e) The Secretary shall calculate the amounts payable pursuant to this section and notify the affected Corporation of the results of his calculations. The affected Corporation shall have thirty days in which to appeal the Secretarys calculations after which the Secretary shall promptly make a final determination of the amounts payable. The Secretary shall certify such final determinations to the Secretary of the Treasury and each determination shall constitute a final judgment, award, or compromise settlement under section 1304 of title 31 Provided Boundary Between Southeastern and Chugach Regions; Hunting and Fishing Rights of Natives of Village of Yakutat Pub. L. 94204,  11 Jan. 2, 1976 89 Stat. 1150 The boundary between the southeastern and Chugach regions shall be the 141st meridian: Provided  1613a. ANCSA amendment  All land and interests in land in the State of Alaska conveyed by the Federal Government under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 43 U.S.C. 1608(a) 1 1 ( Pub. L. 109221, title I,  102 May 12, 2006 120 Stat. 337  Editorial Notes  References in Text The Alaska Native Claims Settlement Act, referred to in text, is Pub. L. 92203 Dec. 18, 1971 85 Stat. 688 section 1601 of this title Codification Section was enacted as part of the Native American Technical Corrections Act of 2006, and not as part of the Alaska Native Claims Settlement Act which comprises this chapter.  1614. Timber sale contracts; modification; timber from contingency area (a) Notwithstanding the provisions of existing National Forest timber sale contracts that are directly affected by conveyances authorized by this chapter, the Secretary of Agriculture is authorized to modify any such contract, with the consent of the purchaser, by substituting, to the extent practicable, timber on other national forest lands approximately equal in volume, species, grade, and accessibility for timber standing on any land affected by such conveyances, and, on request of the appropriate Village Corporation the Secretary of Agriculture is directed to make such substitution to the extent it is permitted by the timber sale contract without the consent of the purchaser. (b) No land conveyed to a Native Corporation pursuant to this chapter or by operation of the Alaska National Interest Lands Conservation Act which is within a contingency area designated in a timber sale contract let by the United States shall thereafter be subject to such contract or to entry or timbering by the contractor. Until a Native Corporation has received conveyances to all of the land to which it is entitled to receive under the appropriate section or subsection of this chapter, for which the land was withdrawn or selected, no land in such a contingency area that has been withdrawn and selected, or selected, by such Corporation under this chapter shall be entered by the timber contractor and no timber shall be cut thereon, except by agreement with such Corporation. For purposes of this subsection, the term contingency area means any area specified in a timber sale contract as an area from which the timber contractor may harvest timber if the volume of timber specified in the contract cannot be obtained from one or more areas definitely designated for timbering in the contract. ( Pub. L. 92203,  15 Dec. 18, 1971 85 Stat. 705 Pub. L. 96487, title IX,  908 Dec. 2, 1980 94 Stat. 2447  Editorial Notes  References in Text The Alaska National Interest Lands Conservation Act, referred to subsec. (b), is Pub. L. 96487 Dec. 2, 1980 94 Stat. 2371 section 3101 of Title 16 Amendments 1980 Pub. L. 96487  1615. Withdrawal and selection of public lands; funds in lieu of acreage (a) Withdrawal of public lands; list of Native villages All public lands in each township that encloses all or any part of a Native village listed below, and in each township that is contiguous to or corners on such township, except lands withdrawn or reserved for national defense purposes, are hereby withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from selection under the Alaska Statehood Act, as amended: Angoon, Southeast. Craig, Southeast. Hoonah, Southeast. Hydaburg, Southeast. Kake, Southeast. Kasaan, Southeast. Klawock, Southeast. Saxman, Southeast. Yakutat, Southeast. (b) Native land selections; Village Corporations for listed Native villages; acreage; proximity of selections; conformity to Lands Survey System During a period of three years from December 18, 1971 (c) Tlingit-Haida settlement The funds appropriated by the Act of July 9, 1968 82 Stat. 307 July 13, 1970 84 Stat. 431 section 1610 of this title (d) Withdrawal of lands for selection for village of Klukwan; benefits under this chapter; existing entitlements; forest reserves; quitclaims to Chilkat Indian Village; location, character, and value of lands to be withdrawn; withdrawal and selection periods; nonwithdrawal of lands selected or nominated for selection by other Native Corporation or located on Admiralty Island (1) The Secretary is authorized and directed to withdraw seventy thousand acres of public lands, as defined in section 1602 of this title section 1618(b) of this title Provided section 1613(h)(8) of this title Provided further Provided further June 18, 1934 48 Stat. 984 May 1, 1936 49 Stat. 1250 1 1 September 2, 1957 71 Stat. 596 Provided further September 2, 1957 December 18, 1971 January 2, 1976 (2) The lands withdrawn by the Secretary pursuant to paragraph (1) of this subsection shall be located in the southeastern Alaska region and shall be of similar character and comparable value, to the extent possible, to those of the Chilkat Valley surrounding the village of Klukwan. Such withdrawal shall be made within six months of October 4, 1976 ( Pub. L. 92203,  16 Dec. 18, 1971 85 Stat. 705 Pub. L. 94204 Jan. 2, 1976 89 Stat. 1150 Pub. L. 94456,  1 Oct. 4, 1976 90 Stat. 1934 Pub. L. 95178,  1 Nov. 15, 1977 91 Stat. 1369  Editorial Notes  References in Text The Alaska Statehood Act, as amended, referred to in subsec. (a), is Pub. L. 85508 July 7, 1958 72 Stat. 239 section 21 of Title 48 Act of July 9, 1968 82 Stat. 307 Pub. L. 90392 July 9, 1968 82 Stat. 307 The United States Court of Claims, referred to in subsec. (c), and the United States Court of Customs and Patent Appeals were merged effective Oct. 1, 1982 Pub. L. 97164 Apr. 2, 1982 96 Stat. 25 Act of July 13, 1970 84 Stat. 431 Pub. L. 91335 July 13, 1970 84 Stat. 431 section 1211 of Title 25 Act of June 18, 1934 act June 18, 1934, ch. 576 48 Stat. 984 June 18, 1934 May 1, 1936 act May 1, 1936, ch. 254 49 Stat. 1250 June 18, 1934 section 5119 of Title 25 June 18, 1934 section 5101 of Title 25 May 1, 1936 Act of September 2, 1957 Pub. L. 85271 Sept. 2, 1957 71 Stat. 596 Amendments 1977Subsec. (b). Pub. L. 95178 section 1613(h)(8) of this title 1976Subsec. (a). Pub. L. 94456,  1(a) Subsec. (b). Pub. L. 94204,  10 Subsec. (d). Pub. L. 94456,  1(b) January 2, 1976 Pub. L. 94204,  9  1616. Joint Federal-State Land Use Planning Commission for Alaska (a) Omitted (b) Public easements; continuance of access rights under valid existing rights (1) The Planning Commission shall identify public easements across lands selected by Village Corporations and the Regional Corporations and at periodic points along the courses of major waterways which are reasonably necessary to guarantee international treaty obligations, a full right of public use and access for recreation, hunting, transportation, utilities, docks, and such other public uses as the Planning Commission determines to be important. (2) In identifying public easements the Planning Commission shall consult with appropriate State and Federal agencies, shall review proposed transportation plans, and shall receive and review statements and recommendations from interested organizations and individuals on the need for and proposed location of public easements: Provided (3) Prior to granting any patent under this chapter to the Village Corporation and Regional Corporations, the Secretary shall consult with the State and the Planning Commission and shall reserve such public easements as he determines are necessary. (c) Prohibition against selection of lands from withdrawn area in event of withdrawal of utility and transportation corridor across public lands In the event that the Secretary withdraws a utility and transportation corridor across public lands in Alaska pursuant to his existing authority, the State, the Village Corporations and the Regional Corporations shall not be permitted to select lands from the area withdrawn. (d) Public Land Order Numbered 4582 revoked; withdrawal of unreserved public lands; classification and reclassification of lands; opening lands to appropriation; administration; contracting and other authority of Secretary not impaired by withdrawal (1) Public Land Order Numbered 4582, 34 Federal Register 1025, as amended, is hereby revoked. For a period of ninety days after December 18, 1971 section 1610 of this title (2) (A) The Secretary, acting under authority provided for in existing law, is directed to withdraw from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from selection under the Alaska Statehood Act, and from selection by Regional Corporations pursuant to section 1610 of this title Provided section 1610 of this title (B) Lands withdrawn pursuant to paragraph (A) hereof must be withdrawn within nine months of December 18, 1971 (C) Every six months, for a period of two years from December 18, 1971 (D) Areas recommended by the Secretary pursuant to paragraph (C) shall remain withdrawn from any appropriation under the public land laws until such time as the Congress acts on the Secretarys recommendations, but not to exceed five years from the recommendation dates. The withdrawal of areas not so recommended shall terminate at the end of the two year period. (E) Notwithstanding any other provision of this subsection, initial identification of lands desired to be selected by the State pursuant to the Alaska Statehood Act and by the Regional Corporations pursuant to section 1611 of this title Provided section 1611 of this title (3) Any lands withdrawn under this section shall be subject to administration by the Secretary under applicable laws and regulations, and his authority to make contracts and to grant leases, permits, rights-of-way, or easements shall not be impaired by the withdrawal. ( Pub. L. 92203,  17 Dec. 18, 1971 85 Stat. 706 Pub. L. 94204,  7 Jan. 2, 1976 89 Stat. 1149  Editorial Notes  References in Text Alaska Statehood Act, referred to in subsec. (d)(2)(A), (E), is Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 Codification Subsec. (a) of this section, which related to the establishment, membership, compensation, procedures, duties, and powers of the Joint Federal-State Land Use Planning Commission for Alaska, was omitted pursuant to former subsec. (a)(10) of this section, which provided that the Commission was to cease to exist effective June 30, 1979 Amendments 1976Subsec. (a)(10). Pub. L. 94204 May 30, 1976 December 31, 1976  1617. Revocation of Indian allotment authority in Alaska (a) Revocation of authority No Native covered by the provisions of this chapter, and no descendant of his, may hereafter avail himself of an allotment under the provisions of the Act of February 8, 1887 24 Stat. 389 June 25, 1910 36 Stat. 363 May 17, 1906 34 Stat. 197 December 18, 1971 section 1613(h)(5) of this title (b) Charging allotment against statutory grant Any allotments approved pursuant to this section during the four years following December 18, 1971 section 1613(h) of this title (c) Relocation of allotment (1) (A) Notwithstanding any other provision of law, an allotment applicant, who had a valid application pending before the Department of the Interior on December 18, 1971 October 14, 1992 (i) the application pending before the Department, either describes land selected by, tentatively approved to, or patented to the State of Alaska or otherwise conflicts with an interest in land granted to the State of Alaska by the United States prior to the filing of the allotment application; (ii) the amended land description describes land selected by, tentatively approved to, or patented to the State of Alaska of approximately equal acreage in substitution for the land described in the original application; and (iii) the Commissioner of the Department of Natural Resources for the State of Alaska, acting under the authority of State law, has agreed to reconvey or relinquish to the United States the land, or interest in land, described in the amended application. (B) If an application pending before the Department of the Interior as described in subparagraph (A) describes land selected by, but not tentatively approved to or patented to, the State of Alaska, the concurrence of the Secretary of the Interior shall be required in order for an application to proceed under this section. (2) (A) The Secretary shall accept reconveyance or relinquishment from the State of Alaska of the land described in an amended application pursuant to paragraph (1)(A), except where the land described in the amended application is State-owned land within the boundaries of a conservation system unit as defined in the Alaska National Interest Lands Conservation Act. Upon acceptance, the Secretary shall issue a Native Allotment certificate to the applicant for the land reconveyed or relinquished by the State of Alaska to the United States. (B) The Secretary shall adjust the computation of the acreage charged against the land entitlement of the State of Alaska to ensure that this subsection will not cause the State to receive either more or less than its full land entitlement under section 6 of the Act entitled An Act to provide for the admission of the State of Alaska into the Union, approved July 7, 1958 43 U.S.C. 1635 (d) Correction of conveyance documents (1) If an allotment application is valid or would have been approved under section 1634 of this title December 2, 1980 (2) A written concurrence shall (A) include a finding that the land description proposed by the Secretary is acceptable; and (B) attest that the Native Corporation or the State has not (i) granted any third party rights or taken any other action that would affect the ability of the United States to convey full title under the Act of May 17, 1906 34 Stat. 197 (ii) stored or allowed the deposit of hazardous waste on the land. (3) On receipt of an acceptable written concurrence, the Secretary, shall (A) issue a corrected conveyance document to the State or Native Corporation, as appropriate; and (B) issue a certificate of allotment to the allotment applicant. (4) No documents of reconveyance from the State or an Alaska Native Corporation or evidence of title, other than the written concurrence and attestation described in paragraph (2), are necessary to use the procedures authorized by this subsection. (e) Native allotment revisions on land selected by or conveyed to a Native Corporation (1) An allotment applicant who had an application pending before the Department of the Interior on December 18, 1971 December 10, 2004 (A) the application (i) describes land selected by or conveyed by interim conveyance or patent to a Native Corporation formed to receive benefits under this chapter; or (ii) otherwise conflicts with an interest in land granted to a Native Corporation by the United States; (B) the revised land description describes land selected by or conveyed by interim conveyance or patent to a Native Corporation of approximately equal acreage in substitution for the land described in the original application; (C) the Director of the Bureau of Land Management has not adopted a final plan of survey for the final entitlement of the Native Corporation or its successor in interest; and (D) the Native Corporation that selected the land or its successor in interest provides a corporate resolution authorizing reconveyance or relinquishment to the United States of the land, or interest in land, described in the revised application. (2) The land description in an allotment application may not be revised under this section unless the Secretary has determined (A) that the allotment application is valid or would have been approved under section 1634 of this title December 2, 1980 (B) in consultation with the administering agency, that the proposed revision would not create an isolated inholding within a conservation system unit (as defined in section 3102 of title 16 (C) that the proposed revision will facilitate completion of a land transfer in the State. (3) (A) On obtaining title evidence acceptable under Department of Justice title standards and acceptance of a reconveyance or relinquishment from a Native Corporation under paragraph (1), the Secretary shall issue a Native allotment certificate to the applicant for the land reconveyed or relinquished by the Native Corporation. (B) Any allotment revised under this section shall, when allotted, be made subject to any easement, trail, right-of-way, or any third-party interest (other than a fee interest) in existence on the revised allotment land on the date of revision. (f) Reinstatements and reconstructions (1) If an applicant for a Native allotment filed under the Act of May 17, 1906 34 Stat. 197 (A) may seek voluntary reconveyance of any land described in the application that is reinstated or reconstructed after December 10, 2004 (B) shall not file an action in any court to recover title from a current landowner. (2) A certificate of allotment that is issued for any allotment application for which a request for reinstatement or reconstruction is received or accepted after December 10, 2004 ( Pub. L. 92203,  18 Dec. 18, 1971 85 Stat. 710 Pub. L. 102415,  3 Oct. 14, 1992 106 Stat. 2112 Pub. L. 108452, title III Dec. 10, 2004 118 Stat. 3587  Editorial Notes  References in Text Act of February 8, 1887 24 Stat. 389 section 331 of Title 25 Act of June 25, 1910 36 Stat. 363 act June 25, 1910, ch. 431 36 Stat. 855 section 148 of this title act June 25, 1948, ch. 645 62 Stat. 683 section 6102(e) of Title 41 Pub. L. 111350 Jan. 4, 2011 124 Stat. 3677 Act of May 17, 1906 34 Stat. 197 act May 17, 1906, ch. 2469 34 Stat. 197 Pub. L. 92203,  18(a) Dec. 18, 1971 85 Stat. 710 The Alaska National Interest Lands Conservation Act, referred to in subsec. (c)(2)(A), is Pub. L. 96487 Dec. 2, 1980 94 Stat. 2371 section 3101 of Title 16 Section 6 of the Act entitled An Act to provide for the admission of the State of Alaska into the Union, approved July 7, 1958 section 6 of Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 Amendments 2004Subsec. (d). Pub. L. 108452,  301 Subsec. (e). Pub. L. 108452,  303 Subsec. (f). Pub. L. 108452,  305 1992Subsec. (c). Pub. L. 102415 Statutory Notes and Related Subsidiaries Title Recovery of Native Allotments Pub. L. 108452, title III,  302 Dec. 10, 2004 118 Stat. 3588  (a)  In General In lieu of the process for the correction of conveyance documents available under subsection (d) of section 18 of the Alaska Native Claims Settlement Act (as added by section 301) [ 43 U.S.C. 1617(d) (b)  Certificate of Allotment If the United States determines that the allotment application is valid or would have been approved under section 905 of the Alaska National Interests Lands Conservation Act ( 42 U.S.C. 1634 December 2, 1980 (c)  Probate Not Required If the Native Corporation reconveys the entire interest of the Native Corporation in the allotment claim of a deceased applicant, the United States may accept the deed and issue the certificate of allotment without waiting for a determination of heirs or the approval of a will. (d)  No Liability The United States shall not be subject to liability under Federal or State [of Alaska] law for the presence of any hazardous substance in land or an interest in land solely as a result of any reconveyance to, and transfer by, the United States of land or interests in land under this section. Compensatory Acreage Pub. L. 108452, title III,  304 Dec. 10, 2004 118 Stat. 3589  (a)  In General The Secretary [of the Interior] shall adjust the acreage entitlement computation records for the State [of Alaska] or an affected Native Corporation to account for any difference in the amount of acreage between the corrected description and the previous description in any conveyance document as a result of actions taken under section 18(d) of the Alaska Native Claims Settlement Act (as added by section 301) [ 43 U.S.C. 1617(d) (b)  Limitation No adjustment to the acreage conveyance computations shall be made where the State or an affected Native Corporation retains a partial estate in the described allotment land. (c)  Availability of Additional Land If, as a result of implementation under section 18(d) of the Alaska Native Claims Settlement Act (as added by section 301) [ 43 U.S.C. 1617(d) 43 U.S.C. 1621(j) Alaska Native Allotment Subdivision Pub. L. 108337 Oct. 18, 2004 118 Stat. 1357  SECTION 1. SHORT TITLE. This Act may be cited as the Alaska Native Allotment Subdivision Act. SEC. 2. DEFINITIONS. In this Act: (1)  Restricted land The term restricted land means land in the State that is subject to Federal restrictions against alienation and taxation. (2)  Secretary The term Secretary means the Secretary of the Interior. (3)  State The term State means the State of Alaska. SEC. 3. SUBDIVISION AND DEDICATION OF ALASKA NATIVE RESTRICTED LAND. (a)  In General An Alaska Native owner of restricted land may, subject to the approval of the Secretary (1) subdivide the restricted land in accordance with the laws of the (A) State; or (B) applicable local platting authority; and (2) execute a certificate of ownership and dedication with respect to the restricted land subdivided under paragraph (1) with the same effect under State law as if the restricted land subdivided and dedicated were held by unrestricted fee simple title. (b)  Ratification of Prior Subdivisions and Dedications Any subdivision or dedication of restricted land executed before the date of enactment of this Act [ Oct. 18, 2004 SEC. 4. EFFECT ON STATUS OF LAND NOT DEDICATED. Except in a case in which a specific interest in restricted land is dedicated under section 3(a)(2), nothing in this Act terminates, diminishes, or otherwise affects the continued existence and applicability of Federal restrictions against alienation and taxation on restricted land or interests in restricted land (including restricted land subdivided under section 3(a)(1)).  1618. Revocation of reserved rights; excepted reserve; acquisition of title to surface and subsurface estates in reserve; election of Village Corporations; restoration of land to Elim Native Corporation (a) Revocation of reserved rights; excepted reserve Notwithstanding any other provision of law, and except where inconsistent with the provisions of this chapter, the various reserves set aside by legislation or by Executive or Secretarial Order for Native use or for administration of Native affairs, including those created under the Act of May 31, 1938 52 Stat. 593 March 3, 1891 26 Stat. 1101 (b) Acquisition of title to surface and subsurface estates in reserve; election of Village Corporations Notwithstanding any other provision of law or of this chapter, any Village Corporation or Corporations may elect within two years to acquire title to the surface and subsurface estates in any reserve set aside for the use or benefit of its stockholders or members prior to December 18, 1971 section 1613(g) of this title section 1606 of this title (c) Restoration of land to Elim Native Corporation (1) Findings The Congress finds that (A) approximately 350,000 acres of land were withdrawn by Executive orders in 1917 for the use of the United States Bureau of Education and of the Natives of Indigenous Alaskan race; (B) these lands comprised the Norton Bay Reservation (later referred to as Norton Bay Native Reserve) and were set aside for the benefit of the Native inhabitants of the Eskimo Village of Elim, Alaska; (C) in 1929, 50,000 acres of land were deleted from the Norton Bay Reservation by Executive order; (D) the lands were deleted from the Reservation for the benefit of others; (E) the deleted lands were not available to the Native inhabitants of Elim under subsection (b) of this section at the time of passage of this chapter; (F) the deletion of these lands has been and continues to be a source of deep concern to the indigenous people of Elim; and (G) until this matter is dealt with, it will continue to be a source of great frustration and sense of loss among the shareholders of the Elim Native Corporation and their descendants. (2) Withdrawal The lands depicted and designated Withdrawal Area on the map dated October 19, 1999 May 2, 2000 (3) Authority to select and convey Elim is authorized to select in accordance with the rules set out in this paragraph, 50,000 acres of land (hereinafter referred to as Conveyance Lands) within the boundary of the Withdrawal Area described in paragraph (2). The Secretary is authorized and directed to convey to Elim in fee the surface and subsurface estates to 50,000 acres of valid selections in the Withdrawal Area, subject to the covenants, reservations, terms and conditions and other provisions of this subsection. (A) Elim shall have 2 years from May 2, 2000 (B) The selection filed by Elim pursuant to this subsection shall be subject to valid existing rights and may not supercede prior selections of the State of Alaska, any Native corporation, or valid entries of any private individual unless such selection or entry is relinquished, rejected, or abandoned prior to conveyance to Elim. (C) Upon receipt of the Conveyance Lands, Elim shall have all legal rights and privileges as landowner, subject only to the covenants, reservations, terms and conditions specified in this subsection. (D) Selection by Elim of lands under this subsection and final conveyance of those lands to Elim shall constitute full satisfaction of any claim of entitlement of Elim with respect to its land entitlement. (4) Covenants, reservations, terms and conditions The covenants, reservations, terms and conditions set forth in this paragraph and in paragraphs (5) and (6) with respect to the Conveyance Lands shall run with the land and shall be incorporated into the interim conveyance, if any, and patent conveying the lands to Elim. (A) Consistent with paragraph (3)(C) and subject to the applicable covenants, reservations, terms and conditions contained in this paragraph and paragraphs (5) and (6), Elim shall have all rights to the timber resources of the Conveyance Lands for any use including, but not limited to, construction of homes, cabins, for firewood and other domestic uses on any Elim lands: Provided Provided further (B) Public Land Order 5563 of December 16, 1975 (C) Should Elim select and have conveyed to it lands encompassing portions of the Tubutulik River or Clear Creek, or both, Elim shall not permit surface occupancy or knowingly permit any other activity on those portions of land lying within the bed of or within 300 feet of the ordinary high waterline of either or both of these water courses for purposes associated with mineral or other development or activity if they would cause or are likely to cause erosion or siltation of either water course to an extent that would significantly adversely impact water quality or fish habitat. (5) Rights retained by the United States With respect to conveyances authorized in paragraph (3), the following rights are retained by the United States: (A) To enter upon the conveyance lands, after providing reasonable advance notice in writing to Elim and after providing Elim with an opportunity to have a representative present upon such entry, in order to achieve the purpose and enforce the terms of this paragraph and paragraphs (4) and (6). (B) To have, in addition to such rights held by Elim, all rights and remedies available against persons, jointly or severally, who cut or remove Merchantable Timber for sale. (C) In cooperation with Elim, the right, but not the obligation, to reforest in the event previously existing Merchantable Timber is destroyed by fire, wind, insects, disease, or other similar manmade or natural occurrence (excluding manmade occurrences resulting from the exercise by Elim of its lawful rights to use the Conveyance Lands). (D) The right of ingress and egress over easements under section 1616(b) of this title (E) The right to enter upon the lands containing hot springs for the purpose of conducting scientific research on such hot springs and to use the results of such research without compensation to Elim. Elim shall have an equal right to conduct research on the hot springs and to use the results of such research without compensation to the United States. (F) A covenant that commercial development of the hot springs by Elim or its successors, assigns, or grantees shall include the right to develop only a maximum of 15 percent of the hot springs and any land within 14 mile of the hot springs. Such commercial development shall not alter the natural hydrologic or thermal system associated with the hot springs. Not less than 85 percent of the lands within 14 mile of the hot springs shall be left in their natural state. (G) The right to exercise prosecutorial discretion in the enforcement of any covenant, reservation, term or condition shall not waive the right to enforce any covenant, reservation, term or condition. (6) General (A) Memorandum of Understanding The Secretary and Elim shall, acting in good faith, enter into a Memorandum of Understanding (hereinafter referred to as the MOU) to implement the provisions of this subsection. The MOU shall include among its provisions reasonable measures to protect plants and animals in the hot springs on the Conveyance Lands and on the land within 14 mile of the hot springs. The parties shall agree to meet periodically to review the matters contained in the MOU and to exercise their right to amend, replace, or extend the MOU. Such reviews shall include the authority to relocate any of the easements set forth in subparagraph (D) if the parties deem it advisable. (B) Incorporation of terms Elim shall incorporate the covenants, reservations, terms and conditions, in this subsection in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Conveyance Lands, including without limitation, a leasehold interest. (C) Section 1616(b) easements The Bureau of Land Management, in consultation with Elim, shall reserve in the conveyance to Elim easements to the United States pursuant to subsection 1 1 (D) Other easements The Bureau of Land Management, in consultation with Elim, shall reserve easements which shall include the right of the public to enter upon and travel along the Tubutulik River and Clear Creek within the Conveyance Lands. Such easements shall also include easements for trails confined to foot travel along, and which may be established along each bank of, the Tubutulik River and Clear Creek. Such trails shall be 25 feet wide and upland of the ordinary high waterline of the water courses. The trails may deviate from the banks as necessary to go around man-made or natural obstructions or to portage around hazardous stretches of water. The easements shall also include one-acre sites along the water courses at reasonable intervals, selected in consultation with Elim, which may be used to launch or take out water craft from the water courses and to camp in non-permanent structures for a period not to exceed 24 hours without the consent of Elim. (E) Inholders The owners of lands held within the exterior boundaries of lands conveyed to Elim shall have all rights of ingress and egress to be vested in the inholder and the inholders agents, employees, co-venturers, licensees, subsequent grantees, or invitees, and such easements shall be reserved in the conveyance to Elim. The inholder may not exercise the right of ingress and egress in a manner that may result in substantial damage to the surface of the lands or make any permanent improvements on Conveyance Lands without the prior consent of Elim. (F) Iditarod trail The Bureau of Land Management may reserve an easement for the Iditarod National Historic Trail in the conveyance to Elim. (7) Implementation There are authorized to be appropriated such sums as may be necessary to implement this subsection. ( Pub. L. 92203,  19 Dec. 18, 1971 85 Stat. 710 Pub. L. 106194,  1 May 2, 2000 114 Stat. 239  Editorial Notes  References in Text Act of May 31, 1938 52 Stat. 593 act May 31, 1938, ch. 304 52 Stat. 593 section 497 of Title 25 Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 The Annette Island Reserve established by the Act of March 3, 1891 26 Stat. 1101 act Mar. 3, 1891, ch. 561,  15 26 Stat. 1101 section 495 of Title 25 The time of passage of this chapter, referred to in subsec. (c)(1)(E), probably means the date of enactment of Pub. L. 92203 Dec. 18, 1971 Amendments 2000Subsec. (c). Pub. L. 106194 Grants to Native Group Corporations for Planning, Development, and Other Purposes Pub. L. 96487, title XIV,  1413 Dec. 2, 1980 94 Stat. 2498 The Secretary shall pay by grant to each of the Native Group Corporations established pursuant to section 14(h)(2) of the Alaska Native Claims Settlement Act [ section 1613(h)(2) of this title Statutory Notes and Related Subsidiaries Grants to Village Corporations for Planning, Development and Other Purposes Pub. L. 94204,  14 Jan. 2, 1976 89 Stat. 1154  (a) The Secretary shall pay, by grant, $250,000 to each of the corporations established pursuant to section 14(h)(3) of the Settlement Act [ section 1613(h)(3) of this title (b) The Secretary shall pay, by grant, $100,000 to each of the following Village Corporations: (1) Arctic Village; (2) Elim; (3) Gambell; (4) Savoonga; (5) Tetlin; and (6) Venetie. (c) Funds authorized under this section may be used only for planning, development, and other purposes for which the corporations set forth in subsections (a) and (b) are organized under the Settlement Act [this chapter]. (d) There is authorized to be appropriated to the Secretary for the purpose of this section a sum of $1,600,000 in fiscal year 1976.  1619. Attorney and consultant fees (a) Holding moneys in Fund for authorized payments The Secretary of the Treasury shall hold in the Alaska Native Fund, from the appropriation made pursuant to section 1605 of this title (b) Claims; submission A claim for attorney and consultant fees and out-of-pocket expenses may be submitted to the Chief Commissioner of the United States Court of Claims for services rendered before December 18, 1971 (1) the preparation of this chapter and previously proposed Federal legislation to settle Native claims based on aboriginal title, and (2) the actual prosecution pursuant to an authorized contract or a cause of action based upon a claim pending before any Federal or State Court or the Indians Claims Commission that is dismissed pursuant to this chapter. (c) Final date for filing of claims; form; information A claim under this section must be filed with the clerk of the Court of Claims within one year from December 18, 1971 (d) Rules for receipt, determination, and settlement of claims The Chief Commissioner or his delegate is authorized to receive, determine, and settle such claims in accordance with the following rules: (1) No claim shall be allowed if the claimant has otherwise been reimbursed. (2) The amount allowed for services shall be based on the nature of the service rendered, the time and labor required, the need for providing the service, whether the service was intended to be a voluntary public service or compensable, the existence of a bona fide attorney-client relationship with an identified client, and the relationship of the service rendered to the enactment of proposed legislation. The amount allowed shall not be controlled by any hourly charge customarily charged by the claimant. (3) The amount allowed for out-of-pocket expenses shall not include office overhead, and shall be limited to expenses that were necessary, reasonable, unreimbursed and actually incurred. (4) The amounts allowed for services rendered shall not exceed in the aggregate $2,000,000, of which not more than $100,000 shall be available for the payment of consultants fees. If the approved claims exceed the aggregate amounts allowable, the Chief Commissioner shall authorize payment of the claims on a pro rata basis. (5) Upon the filing of a claim, the clerk of the Court of Claims shall forward a copy of such claims to the individuals or entities on whose behalf services were rendered or fees and expenses were allegedly incurred, as shown by the pleadings, to the Attorney General of the United States, to the Attorney General of the State of Alaska, to the Secretary of the Interior, and to any other person who appears to have an interest in the claim, and shall give such persons ninety days within which to file an answer contesting the claim. (6) The Chief Commissioner may designate a trial commissioner for any claim made under this section and a panel of three commissioners of the court to serve as a reviewing body. One member of the review panel shall be designated as presiding commissioner of the panel. (7) Proceedings in all claims shall be pursuant to rules and orders prescribed for the purpose by the Chief Commissioner who is hereby authorized and directed to require the application of the pertinent rules of practice of the Court of Claims insofar as feasible. Claimants may appear before a trial commissioner in person or by attorney, and may produce evidence and examine witnesses. In the discretion of the Chief Commissioner or his designate, hearings may be held in the localities where the claimants reside if convenience so demands. (8) Each trial commissioner and each review panel shall have authority to do and perform any acts which may be necessary or proper for the efficient performance of their duties, and shall have the power of subpena, the power to order audit of books and records, and the power to administer oaths and affirmations. Any sanction authorized by the rules of practice of the Court of Claims, except contempt, may be imposed on any claimant, witness, or attorney by the trial commissioner, review panel, or Chief Commissioner. None of the rules, regulations, rulings, findings, or conclusions authorized by this section shall be subject to judicial review. (9) The findings and conclusions of the trial commissioner shall be submitted by him, together with the record in the case, to the review panel of commissioners for review by it pursuant to such rules as may be provided for the purpose, which shall include provision for submitting the decision of the trial commissioner to the claimant and any party contesting the claim for consideration, exception, and argument before the panel. The panel, by majority vote, shall adopt or modify the findings or the conclusions of the trial commissioner. (10) The Court of Claims is hereby authorized and directed, under such conditions as it may prescribe, to provide the facilities and services of the office of the clerk of the court for the filing, processing, hearing, and dispatch of claims made pursuant to this section and to include within its annual appropriations the costs thereof and other costs of administration, including (but without limitation to the items herein listed) the salaries and traveling expenses of its auditors and the commissioners serving as trial commissioners and panel members, mailing and service of process, necessary physical facilities, equipment, and supplies, and personnel (including secretaries, reporters, auditors, and law clerks). (e) Report to Congress; payment of claims; interest restriction The Chief Commissioner shall certify to the Secretary of the Treasury, and report to the Congress, the amount of each claim allowed and the name and address of the claimant. The Secretary of the Treasury shall pay to such person from the Alaska Native Fund the amounts certified. No award under this section shall bear interest. (f) Contract restriction; penalty (1) No remuneration on account of any services or expenses for which a claim is made or could be made pursuant to this section shall be received by any person for such services and expenses in addition to the amount paid in accordance with this section, and any contract or agreement to the contrary shall be void. (2) Any person who receives, and any corporation or association official who pays, on account of such services and expenses, any remuneration in addition to the amount allowed in accordance with this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned not more than twelve months, or both. (g) Claims for costs in performance of certain services: submission, form, information, reasonableness, pro rata reductions; report to Congress; payment of claims; interest restriction A claim for actual costs incurred in filing protests, preserving land claims, advancing land claims settlement legislation, and presenting testimony to the Congress on proposed Native land claims may be submitted to the Chief Commissioner of the Court of Claims by any bona fide association of Natives. The claim must be submitted within six months from December 18, 1971 1 1 ( Pub. L. 92203,  20 Dec. 18, 1971 85 Stat. 710  Editorial Notes  References in Text The United States Court of Claims, referred to in subsecs. (b), (c), (d)(5), (7), (8), (10), and (g), and the United States Court of Customs and Patent Appeals were merged effective Oct. 1, 1982 Pub. L. 97164 Apr. 2, 1982 96 Stat. 25 Statutory Notes and Related Subsidiaries  Change of Name Chief Commissioner and trial commissioner of the Court of Claims redesignated chief of the trial division and trial judge, respectively, by General Order No. 2 of 1973 of United States Court of Claims, issued August 1, 1973  1620. Taxation (a) Fund revenues exemption; investment income taxable Revenues originating from the Alaska Native Fund shall not be subject to any form of Federal, State, or local taxation at the time of receipt by a Regional Corporation, Village Corporation, or individual Native through dividend distributions (even if the Regional Corporation or Village Corporation distributing the dividend has not segregated revenue received from the Alaska Native Fund from revenue received from other sources) or in any other manner. This exemption shall not apply to income from the investment of such revenues. (b) Shares of stock exemption The receipt of shares of stock in the Regional or Village Corporations by or on behalf of any Native shall not be subject to any form of Federal, State or local taxation. (c) Land or land interests exemption; basis for sale or other disposition, adjustment; basis for interest in mine, well, other natural deposit, or block of timber, adjustment The receipt of land or any interest therein pursuant to this chapter or of cash in order to equalize the values of properties exchanged pursuant to section 1621(f) of this title section 1016 of title 26 Provided, however section 1016 of title 26 (d) Real property interests; exemption period for conveyance of interests not developed or leased or interests used solely for exploration, interests taxable; derivative revenues taxable; exchanges; simultaneous exchanges (1) Real property interests conveyed, pursuant to this chapter, to a Native individual, Native Group, Village or Regional Corporation or corporation established pursuant to section 1613(h)(3) of this title Provided Provided further (2) Any real property interest, not developed or leased to third parties, acquired by a Native individual, Native Group, Village or Regional Corporation, or corporation established pursuant to section 1613(h)(3) of this title (e) Public lands status of real property interests exempt from real estate taxes for purposes of Federal highway and education laws; Federal fire protection services for real property interests without cost Real property interests conveyed pursuant to this chapter to a Native individual, Native group, corporation organized under section 1613(h)(3) of this title April 16, 1934 25 U.S.C. 452 1 1 64 Stat. 967 (f) Stocks of Regional and Village Corporations exempt from estate taxes; period of exemption Until January 1, 1992 section 1606 of this title section 1606(j) of this title section 1607 of this title (g) Resource information or analysis; professional or technical services In the case of any Native Corporation established pursuant to this chapter, income for purposes of any form of Federal, State, or local taxation shall not be deemed to include the value of (1) the receipt, acquisition, or use of any resource information or analysis (including the receipt of any right of access to such information or analysis) relating to lands or interests therein conveyed, selected but not conveyed, or available for selection pursuant to this chapter; (2) the promise or performance by any person or by any Federal, State, or local government agency of any professional or technical services relating to the resources of lands or interests therein conveyed, selected but not conveyed, or available for selection pursuant to this chapter, including, but not limited to, services in connection with exploration on such lands for oil, gas, or other minerals; and (3) the expenditure of funds, incurring of costs, or the use of any equipment or supplies by any person or any Federal, State, or local government agency, or any promise, agreement, or other arrangement by such person or agency to expend funds or use any equipment or supplies for the purpose of creating, developing, or acquiring the resource information or analysis described in paragraph (1) or for the purpose of performing or otherwise furnishing the services described in paragraph (2): Provided This subsection shall be effective as of December 18, 1971 (h) Date of incorporation as date of trade or business; ordinary and necessary expenses (1) Notwithstanding any other provision of law, each Native Corporation established pursuant to this chapter shall be deemed to have become engaged in carrying on a trade or business as of the date it was incorporated for purposes of any form of Federal, State, or local taxation. (2) All expenses heretofore or hereafter paid or incurred by a Native Corporation established pursuant to this chapter in connection with the selection or conveyance of lands pursuant to this chapter, or in assisting another Native Corporation within or for the same region in the selection or conveyance of lands under this chapter, shall be deemed to be or to have been ordinary and necessary expenses of such Corporation, paid or incurred in carrying on a trade or business for purposes of any form of Federal, State, or local taxation. (i) Personal Holding Company Act exemption No Corporation created pursuant to this chapter shall be considered to be a personal holding company within the meaning of section 542(a) of title 26 January 1, 1992 (j) Shareholder homesites A real property interest distributed by a Native Corporation to a shareholder of such Corporation pursuant to a program to provide homesites to its shareholders, shall be deemed conveyed and received pursuant to this chapter: Provided section 1629c of this title Provided further Provided further Provided further ( Pub. L. 92203,  21 Dec. 18, 1971 85 Stat. 713 Pub. L. 94204,  13 Jan. 2, 1976 89 Stat. 1154 Pub. L. 95600, title V,  541 Nov. 6, 1978 92 Stat. 2887 Pub. L. 96487, title IX,  904 Dec. 2, 1980 94 Stat. 2434 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 100241,  12(b) Feb. 3, 1988 101 Stat. 1810 Pub. L. 102415,  5 Oct. 14, 1992 106 Stat. 2113  Editorial Notes  References in Text The Alaska National Interest Lands Conservation Act, referred to in subsec. (d)(1), is Pub. L. 96487 Dec. 2, 1980 94 Stat. 2371 section 3101 of Title 16 The Johnson-OMalley Act of April 16, 1934 25 U.S.C. 452 act Apr. 16, 1934, ch. 147 48 Stat. 596 section 5301 of Title 25 Public Law 815, 81st Congress ( 64 Stat. 967 act Sept. 23, 1950, ch. 995 Pub. L. 85620, title I,  101 Aug. 12, 1958 72 Stat. 548 Pub. L. 103382, title III,  331(a) Oct. 20, 1994 108 Stat. 3965 Public Law 874, 81st Congress ( 64 Stat. 1100 act Sept. 30, 1950, ch. 1124 64 Stat. 1100 Pub. L. 103382, title III,  331(b) Oct. 20, 1994 108 Stat. 3965 Amendments 1992Subsec. (j). Pub. L. 102415 December 18, 1991 Provided section 1629c of this title Provided further Provided 1988Subsec. (a). Pub. L. 100241,  12(b)(1) Subsec. (j). Pub. L. 100241,  12(b)(2) 1986Subsecs. (c), (i). Pub. L. 99514 1980Subsec. (c). Pub. L. 96487,  1408 section 1016 of title 26 Subsec. (d). Pub. L. 96487,  904 section 1613(h)(3) of this title December 18, 1971 Subsec. (e). Pub. L. 96487,  1409 section 1613(h)(3) of this title 64 Stat. 967 64 Stat. 967 Subsec. (j). Pub. L. 96487,  1407 1978Subsecs. (g) to (i). Pub. L. 95600 1976Subsec. (f). Pub. L. 94204  1621. Miscellaneous provisions (a) Contract restrictions; percentage fee; enforcement; liens, executions, or judgments None of the revenues granted by section 1605 of this title (b) Patents for homesteads, headquarters sites, trade and manufacturing sites, or small tract sites; use and occupancy protection The Secretary is directed to promptly issue patents to all persons who have made a lawful entry on the public lands in compliance with the public land laws for the purpose of gaining title to homesteads, headquarters sites, trade and manufacturing sites, or small tract sites ( 43 U.S.C. 682 1 1 August 31, 1971 Provided Provided further (c) Mining claims; possessory rights, protection (1) On any lands conveyed to Village and Regional Corporations, any person who prior to August 31, 1971 (2) (A) (i) Subject to valid existing rights, an unpatented mining claim or location, or portion thereof, under the general mining laws that is situated outside the boundaries of a conservation system unit (as such term is defined in the Alaska National Interest Lands Conservation Act) and within the exterior boundaries of lands validly selected by a Village or Regional Corporation pursuant to section 1611 of this title section 1613(h) of this title August 31, 1971 (ii) Subject to valid existing rights and to subparagraph (B), the lands outside a conservation system unit included in a mining claim or location described in clause (i) shall (I) be considered part of the lands selected pursuant to sections 1611 of this title and 1613(h) of this title by the Village or Regional Corporation described in clause (i); and (II) be eligible for conveyance pursuant to this chapter unless specifically identified and excluded from an initial selection application. (iii) Subject to valid existing rights and to subparagraph (B), any portion outside a conservation system unit of a mining claim or location described in clause (i) that is situated within the exterior boundaries of lands conveyed prior to October 14, 1992 section 1613(h) of this title (B) No lands shall be conveyed pursuant to this subsection if the conveyance would result in the receipt of title to lands in excess of an acreage entitlement under this chapter. (3) This section shall apply to lands conveyed by interim conveyance or patent to a Regional Corporation pursuant to this chapter which are made subject to a mining claim or claims located under the general mining laws, including lands conveyed prior to November 2, 1995 November 2, 1995 section 1613(g) of this title section 1744 of this title November 2, 1995 section 1606(i) of this title section 1606(i) of this title (d) Purchase restrictions for personnel inapplicable to chapter The provisions of section 11 of this title (e) National Wildlife Refuge System; replacement lands If land within the National Wildlife Refuge System is selected by a Village Corporation pursuant to the provisions of this chapter, the secretary 2 2 (f) Land exchanges The Secretary, the Secretary of Defense, the Secretary of Agriculture, and the State of Alaska are authorized to exchange lands or interests therein, including Native selection rights, with the corporations organized by Native groups, Village Corporations, Regional Corporations, and the corporations organized by Natives residing in Juneau, Sitka, Kodiak, and Kenai, all as defined in this chapter, and other municipalities and corporations or individuals, the State (acting free of the restrictions of section 6(i) of the Alaska Statehood Act), or any Federal agency for the purpose of effecting land consolidations or to facilitate the management or development of the land, or for other public purposes. Exchanges shall be on the basis of equal value, and either party to the exchange may pay or accept cash in order to equalize the value of the property exchanged: Provided (g) National Wildlife Refuge System lands subject of patents; Federal reservation of first refusal rights; provision in patents for continuing application of laws and regulations governing Refuge If a patent is issued to any Village Corporation for land in the National Wildlife Refuge System, the patent shall reserve to the United States the right of first refusal if the land is ever sold by the Village Corporation. Notwithstanding any other provision of this chapter, every patent issued by the Secretary pursuant to this chapterwhich covers lands lying within the boundaries of a National Wildlife Refuge on December 18, 1971 (h) Withdrawals of public lands; termination date (1) All withdrawals made under this chapter, except as otherwise provided in this subsection, shall terminate within four years of December 18, 1971 Provided section 1611 of this title section 1613 of this title (2) The withdrawal of lands made by section 1610(a)(2) and section 1615 of this title December 18, 1971 (3) The provisions of this section shall not apply to any withdrawals made under section 1616 of this title (4) The Secretary is authorized to terminate any withdrawal made by or pursuant to this chapter whenever he determines that the withdrawal is no longer necessary to accomplish the purposes of this chapter. (i) Administration of withdrawn lands; contracting and other authority of Secretaries not impaired by withdrawal Prior to a conveyance pursuant to section 1613 of this title (j) Interim conveyances and underselections (1) Where lands to be conveyed to a Native, Native Corporation, or Native group pursuant to this chapter as amended and supplemented have not been surveyed, the same may be conveyed by the issuance of an interim conveyance to the party entitled to the lands. Subject to valid existing rights and such conditions and reservations authorized by law as are imposed, the force and effect of such an interim conveyance shall be to convey to and vest in the recipient exactly the same right, title, and interest in and to the lands as the recipient would have received had he been issued a patent by the United States. Upon survey of lands covered by an interim conveyance a patent thereto shall be issued to the recipient. The boundaries of the lands as defined and conveyed by the interim conveyance shall not be altered but may then be redescribed, if need be, in reference to the plat of survey. The Secretary shall make appropriate adjustments to insure that the recipient receives his full entitlement. Where the term patent, or a derivative thereof, is used in this chapter unless the context precludes such construction, it shall be deemed to include interim conveyance, and the conveyances of land to Natives and Native Corporations provided for this chapter shall be as fully effectuated by the issuance of interim conveyances as by the issuance of patents. (2) Where lands selected and conveyed, or to be conveyed to a Village Corporation are insufficient to fulfill the Corporations entitlement under section 1611(b), 1613(a), 1615(b), or 1615(d) of this title, the Secretary is authorized to withdraw twice the amount of unfulfilled entitlement and provide the Village Corporation ninety days from receipt of notice from the Secretary to select from the lands withdrawn the land it desires to fulfill its entitlement. In making the withdrawal, the Secretary shall first withdraw public lands that were formerly withdrawn for selection by the concerned Village Corporation by or pursuant to section 1610(a)(1), 1610(a)(3), 1615(a), or 1615(d) of this title. Should such lands no longer be available, the Secretary may withdraw public lands that are vacant, unreserved, and unappropriated, except that the Secretary may withdraw public lands which had been previously withdrawn pursuant to section 1616(d) of this title (3) In lieu of withdrawal under paragraph (2), land may be segregated from all other forms of appropriation for the purposes described in that paragraph if (A) the Secretary and the Village Corporation enter into an agreement identifying the land for selection; and (B) the Village Corporation files an application for selection of the land. (k) National forest land patents; conditions Any patents to lands under this chapter which are located within the boundaries of a national forest shall contain such conditions as the Secretary deems necessary to assure that: (1) the sale of any timber from such lands shall, for a period of five years, be subject to the same restrictions relating to the export of timber from the United States as are applicable to national forest lands in Alaska under rules and regulations of the Secretary of Agriculture; and (2) such lands are managed under the principle of sustained yield and under management practices for protection and enhancement of environmental quality no less stringent than such management practices on adjacent national forest lands for a period of twelve years. (l) Land selection limitation; proximity to home rule or first class city and Ketchikan Notwithstanding any provision of this chapter, no Village or Regional Corporation shall select lands which are within two miles from the boundary, as it exists on December 18, 1971 (m) Licenses held by Alaska Native regional corporations An Alaska Native regional corporation organized pursuant to this chapter, or an affiliate thereof, that holds a Federal Communications Commission license in the personal communications service as of the date of enactment of this section 3 3 ( Pub. L. 92203,  22 Dec. 18, 1971 85 Stat. 713 Pub. L. 94204,  17 Jan. 2, 1976 89 Stat. 1156 Pub. L. 96487, title XIV,  1410 Dec. 2, 1980 94 Stat. 2496 Pub. L. 102415,  14 Oct. 14, 1992 106 Stat. 2121 Pub. L. 10442, title I,  102 Nov. 2, 1995 109 Stat. 353 Pub. L. 105333,  7 Oct. 31, 1998 112 Stat. 3133 Pub. L. 106259, title VIII,  8149 Aug. 9, 2000 114 Stat. 706 Pub. L. 108452, title II,  208 Dec. 10, 2004 118 Stat. 3586  Editorial Notes  References in Text Section 682 of this title section 682a of this title Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 The Alaska National Interest Lands Conservation Act, referred to in subsec. (c)(2)(A)(i), is Pub. L. 96487 Dec. 2, 1980 94 Stat. 2371 section 3101 of Title 16 Section 6(i) of the Alaska Statehood Act, referred to in subsec. (f), is section 6(i) of Pub. L. 85508 section 21 of Title 48 The date of enactment of this section, referred to in subsec. (m), probably means the date of enactment of Pub. L. 106259 Aug. 9, 2000 Amendments 2004Subsec. (j)(3). Pub. L. 108452 2000Subsec. (m). Pub. L. 106259 section 1621 of Public Law 92204 section 22 of Pub. L. 92203 1998Subsec. (c)(3). Pub. L. 105333 section 1606(i) of this title 1995Subsec. (c)(3). Pub. L. 10442 1992Subsec. (c). Pub. L. 102415 1980Subsec. (j). Pub. L. 96487 1976Subsec. (f). Pub. L. 94204  1622. Annual reports to Congress until 1984; submission in 1985 of report of status of Natives, summary of actions taken, and recommendations  The Secretary shall submit to the Congress annual reports on implementation of this chapter. Such reports shall be filed by the Secretary annually until 1984. At the beginning of the first session of Congress in 1985 the Secretary shall submit, through the President, a report of the status of the Natives and Native groups in Alaska, and a summary of actions taken under this chapter, together with such recommendations as may be appropriate. ( Pub. L. 92203,  23 Dec. 18, 1971 85 Stat. 715  1623. Authorization of appropriations  There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter. ( Pub. L. 92203,  24 Dec. 18, 1971 85 Stat. 715  1624. Regulations; issuance; publication in Federal Register  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. 92203,  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. 89554,  7(b) Sept. 6, 1966 80 Stat. 631  1625. Securities laws exemption (a) Laws; termination date of exempt status A Native Corporation shall be exempt from the provisions, as amended, of the Investment Company Act of 1940 ( 54 Stat. 789 15 U.S.C. 80a1 48 Stat. 74 15 U.S.C. 77a 48 Stat. 881 15 U.S.C. 78a (1) the date on which the corporation issues shares of stock other than Settlement Common Stock in a transaction where (A) the transaction or the shares are not otherwise exempt from Federal securities laws; and (B) the shares are issued to persons or entities other than (i) individuals who held shares in the corporation on February 3, 1988 (ii) Natives; (iii) descendants of Natives; (iv) individuals who have received shares of Settlement Common Stock by inheritance pursuant to section 1606(h)(2) of this title (v) Settlement Trusts; or (vi) entities established for the sole benefit of Natives or descendants of Natives; or (2) the date on which alienability restrictions are terminated; or (3) the date on which the corporation files a registration statement with the Securities and Exchange Commission pursuant to either the Securities Act of 1933 [ 15 U.S.C. 77a 15 U.S.C. 78a (b) Status of Native Corporations after termination date No provision of this section shall be construed to require or imply that a Native Corporation shall, or shall not, be subject to provisions of the Acts listed in subsection (a) after any of the dates described in subsection (a). (c) Annual report to shareholders; shareholders of record (1) A Native Corporation that, but for this section, would be subject to the provisions of the Securities Exchange Act of 1934 [ 15 U.S.C. 78a (2) For purposes of determining the applicability of the registration requirements of the Securities Exchange Act of 1934 on or after the date described in subsection (a), holders of Settlement Common Stock shall be excluded from the calculation of the number of shareholders of record pursuant to section 12(g) of that Act [ 15 U.S.C. 78 l (d) Wholly owned subsidiaries; Settlement Trusts; voluntary registration as Investment Company (1) Notwithstanding any other provision of law, prior to January 1, 2001 15 U.S.C. 80a1 (2) The Investment Company Act of 1940 shall not apply to any Settlement Trust. (3) If, but for this section, a Native Corporation would qualify as an Investment Company under the Investment Company Act of 1940, it shall be entitled to voluntarily register pursuant to such Act and any such corporation which so registered shall thereafter comply with the provisions of such Act. ( Pub. L. 92203,  28 Pub. L. 94204,  3 Jan. 2, 1976 89 Stat. 1147 Pub. L. 100241,  14 Feb. 3, 1988 101 Stat. 1811  Editorial Notes  References in Text The Investment Company Act of 1940, referred to in subsecs. (a) and (d), is title I of act Aug. 22, 1940, ch. 686 54 Stat. 789 section 80a51 of Title 15 The Securities Act of 1933 ( 48 Stat. 74 act May 27, 1933, ch. 38, title I 48 Stat. 74 section 77a of Title 15 The Securities Exchange Act of 1934, referred to in subsecs. (a) and (c), is act June 6, 1934, ch. 404 48 Stat. 881 section 78a of Title 15 Amendments 1988 Pub. L. 100241 54 Stat. 789 15 U.S.C. 80a1 48 Stat. 74 15 U.S.C. 77a 48 Stat. 881 15 U.S.C. 78a December 31, 1991 Statutory Notes and Related Subsidiaries Construction of Alaska Native Claims Settlement Act With Pub. L. 94204 Pub. L. 94204,  18 Jan. 2, 1976 89 Stat. 1156 Except as specifically provided in this Act [enacting this section and sections 1626 and 1627 of this title, amending sections 1615, 1616, 1620 and 1621 of this title, and enacting provisions set out as notes under this section and sections 1604, 1605, 1611, 1613, and 1618 of this title], (i) the provisions of the Settlement Act [this chapter] are fully applicable to this Act, and (ii) nothing in this Act shall be construed to alter or amend any of such provisions.  1626. Relation to other programs (a) Continuing availability of otherwise available governmental programs The payments and grants authorized under this chapter constitute compensation for the extinguishment of claims to land, and shall not be deemed to substitute for any governmental programs otherwise available to the Native people of Alaska as citizens of the United States and the State of Alaska. (b) Supplemental nutrition assistance program Notwithstanding section 5(a) and any other provision of the Food and Nutrition Act of 2008 ( 78 Stat. 703 7 U.S.C. 2011 (c) Eligibility for need-based Federal programs In determining the eligibility of a household, an individual Native, or a descendant of a Native (as defined in section 1602(r) of this title (1) participate in the supplemental nutrition assistance program, (2) receive aid, assistance, or benefits, based on need, under the Social Security Act [ 42 U.S.C. 301 (3) receive financial assistance or benefits, based on need, under any other Federal program or federally-assisted program, none of the following, received from a Native Corporation, shall be considered or taken into account as an asset or resource: (A) cash (including cash dividends on stock received from a Native Corporation and on bonds received from a Native Corporation) to the extent that it does not, in the aggregate, exceed $2,000 per individual per annum; (B) stock (including stock issued or distributed by a Native Corporation as a dividend or distribution on stock) or bonds issued by a Native Corporation which bonds shall be subject to the protection of section 1606(h) of this title (C) a partnership interest; (D) land or an interest in land (including land or an interest in land received from a Native Corporation as a dividend or distribution on stock); and (E) an interest in a settlement trust. (d) Federal Indian programs Notwithstanding any other provision of law, Alaska Natives shall remain eligible for all Federal Indian programs on the same basis as other Native Americans. (e) Minority and economically disadvantaged status (1) For all purposes of Federal law, a Native Corporation shall be considered to be a corporation owned and controlled by Natives and a minority and economically disadvantaged business enterprise if the Settlement Common Stock of the corporation and other stock of the corporation held by holders of Settlement Common Stock and by Natives and descendants of Natives, represents a majority of both the total equity of the corporation and the total voting power of the corporation for the purposes of electing directors. (2) For all purposes of Federal law, direct and indirect subsidiary corporations, joint ventures, and partnerships of a Native Corporation qualifying pursuant to paragraph (1) shall be considered to be entities owned and controlled by Natives and a minority and economically disadvantaged business enterprise if the shares of stock or other units of ownership interest in any such entity held by such Native Corporation and by the holders of its Settlement Common Stock represent a majority of both (A) the total equity of the subsidiary corporation, joint venture, or partnership; and (B) the total voting power of the subsidiary corporation, joint venture, or partnership for the purpose of electing directors, the general partner, or principal officers. (3) No provision of this subsection shall (A) preclude a Federal agency or instrumentality from applying standards for determining minority ownership (or control) less restrictive than those described in paragraphs (1) and (2), or (B) supersede any such less restrictive standards in existence on February 3, 1988 (4) (A) Congress confirms that Federal procurement programs for tribes and Alaska Native Corporations are enacted pursuant to its authority under Article I, Section 8 of the United States Constitution. (B) Contracting with an entity defined in subsections 1 1 section 1452(c) of title 25 section 502 of P.L. 100656 (C) Any entity that satisfies subsection (e)(1) or (e)(2) of this section that has been certified under section 637 of title 15 Public Law 105178 (f) Omitted (g) Civil Rights Act of 1964 For the purposes of implementation of the Civil Rights Act of 1964 [ 42 U.S.C. 2000a section 701(b)(1) of Public Law 88352 78 Stat. 253 42 U.S.C. 2000e(b)(1) ( Pub. L. 92203,  29 Pub. L. 94204,  4 Jan. 2, 1976 89 Stat. 1147 Pub. L. 100241,  15 Feb. 3, 1988 101 Stat. 1812 Pub. L. 102415 Oct. 14, 1992 106 Stat. 2115 Pub. L. 105333,  5 Oct. 31, 1998 112 Stat. 3131 Pub. L. 107117, div. B,  702 Jan. 10, 2002 115 Stat. 2312 Pub. L. 107206, title III,  3003 Aug. 2, 2002 116 Stat. 924 Pub. L. 110234, title IV,  4002(b)(1)(A) May 22, 2008 122 Stat. 1095 Pub. L. 110246,  4(a) June 18, 2008 122 Stat. 1664  Editorial Notes  References in Text The Food and Nutrition Act of 2008, referred to in subsec. (b), is Pub. L. 88525 Aug. 31, 1964 78 Stat. 703 section 2014(a) of Title 7 section 2011 of Title 7 The Social Security Act, referred to in subsec. (c)(2), is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 Section 502 of P.L. 100656 section 502 of title V of Pub. L. 100656 Nov. 15, 1988 102 Stat. 3881 section 644(g) of Title 15 Public Law 105178 Pub. L. 105178 June 9, 1998 112 Stat. 107 section 101 of Title 23 section 101 of Title 23 The Civil Rights Act of 1964, referred to in subsec. (g), is Pub. L. 88352 July 2, 1964 78 Stat. 241 section 2000a of Title 42 Codification Pub. L. 110234 Pub. L. 110246 Pub. L. 110234 section 4(a) of Pub. L. 110246 Subsec. (f) amended section 1702(3), (4) of Title 30, Mineral Lands and Mining, and provided for effective date of such amendment. Amendments 2008Subsec. (b). Pub. L. 110246,  4002(b)(1)(C) Pub. L. 110246,  4002(b)(1)(A) Subsec. (c)(1). Pub. L. 110246,  4002(b)(1)(A) 2002Subsec. (e)(4). Pub. L. 107117 Subsec. (e)(4)(B). Pub. L. 107206,  3003(1) section 502 of P.L. 100656 section 7 of P.L. 87305 section 7 of Public Law 87305 Subsec. (e)(4)(C). Pub. L. 107206,  3003(2) 1998Subsec. (c)(3)(A). Pub. L. 105333,  5(1) Subsec. (c)(3)(B). Pub. L. 105333,  5(2) section 1606(h) of this title 1992Subsec. (e)(1), (2). Pub. L. 102415,  10 Subsec. (g). Pub. L. 102415,  11 1988Subsecs. (c) to (g). Pub. L. 100241 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment of this section and repeal of Pub. L. 110234 Pub. L. 110246 May 22, 2008 Pub. L. 110234 section 4 of Pub. L. 110246 section 8701 of Title 7 Amendment by section 4002(b)(1)(A), (C), (2)(GG) of Pub. L. 110246 Oct. 1, 2008 section 4407 of Pub. L. 110246 section 1161 of Title 2  1627. Merger of Native corporations (a) Applicability of State law Notwithstanding any provision of this chapter, any corporation created pursuant to section 1606(d), 1607(a), 1613(h)(2), or 1613(h)(3) of this title within any of the twelve regions of Alaska, as established by section 1606(a) of this title (b) Terms and conditions of merger; rights of dissenting shareholders; rights and liabilities of successor corporation Such mergers or consolidations shall be on such terms and conditions as are approved by vote of the shareholders of the corporations participating therein, including, where appropriate, terms providing for the issuance of additional shares of Regional Corporation stock to persons already owning such stock, and may take place pursuant to votes of shareholders held either before or after January 2, 1976 Provided 1 1 Provided section 1618(b) of this title (c) Alteration or elimination of dividend rights Notwithstanding the provisions of section 1606(j) or (m) of this title, in any merger or consolidation in which the class of stockholders of a Regional Corporation who are not residents of any of the villages in the region are entitled under Alaska law to vote as a class, the terms of the merger or consolidation may provide for the alteration or elimination of the right of said class to receive dividends pursuant to said section 1606(j) or (m) of this title. In the event that such dividend right is not expressly altered or eliminated by the terms of the merger or consolidation, such class of stockholders shall continue to receive such dividends pursuant to section 1606(j) or (m) of this title as would have been applicable if the merger or consolidation had not taken place and all Village Corporations within the affected region continued to exist separately. (d) Approval of merger or consolidation by shareholders Notwithstanding any other provision of this section or of any other law, no corporation referred to in this section may merger or consolidate with any other such corporations unless that corporations shareholders have approved such merger or consolidation. (e) Conveyance of right to withhold consent to mineral exploration, development, etc., as part of merger or consolidation The plan of merger or consolidation shall provide that the right of any affected Village Corporation pursuant to section 1613(f) of this title ( Pub. L. 92203,  30 Pub. L. 94204,  6 Jan. 2, 1976 89 Stat. 1148 Pub. L. 100241,  12(c) Feb. 3, 1988 101 Stat. 1810  Editorial Notes Amendments 1988Subsec. (b). Pub. L. 100241 December 19, 1991  1628. Assignments by Regional Corporations of rights to receive payments from Fund (a) Recognition by Secretary; scope of recognition Notwithstanding the provision of section 3727 of title 31 section 1606 of this title (b) Nonrecognition by Secretary The Secretary shall not recognize any assignment under this section which does not provide that the United States reserves the right to assert against the assignee and successors of the assignee, any setoff or counterclaim which the United States has against the assignor Corporation. (c) Claims against Secretary by stockholders of Regional or Village Corporation for recognition of assignment No stockholder of any Regional or Village Corporation shall have any claim against the Secretary or the United States as the result of any assignment duly recognized by the Secretary pursuant to this section. ( Pub. L. 92203,  31 Pub. L. 95178,  4 Nov. 15, 1977 91 Stat. 1370  Editorial Notes Codification In subsec. (a),  section 3727 of title 31 31 U.S.C. 203 Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067  1629. Cape Krusenstern National Monument land exchange between United States and NANA Regional Corporation, Inc. (a) Definitions For purposes of this section the following terms shall have the following meanings: (1) the term The Agreement or Agreement means the agreement entitled Terms and Conditions Governing Legislative Land Consolidation and Exchange between NANA Regional Corporation, Inc., and the United States executed by the Secretary of the Interior and the President of NANA Regional Corporation, Inc., on January 31 and January 24, 1985 (2) the term transportation system means the Red Dog Mine Transportation System described in Exhibit B of the Agreement. (3) the term NANA means NANA Regional Corporation, Inc., a corporation formed for the Natives of Northwest Alaska pursuant to the provisions of this chapter. (b) Conveyances of lands and interests in lands Except as otherwise provided by this section, the Secretary shall convey to NANA, in accordance with the terms and conditions set forth in the Agreement, lands and interests in lands specified in the Agreement in exchange for lands and interests in lands of NANA, specified in the Agreement, upon fulfillment by NANA of its obligations under the Agreement: Provided, however September 25, 1985 (c) Exchange limited to designated lands (1) The Secretary shall convey to NANA, pursuant to the provisions of paragraph A(1) of the Agreement, the right, title and interest of the United States only in and to those lands designated as Amended A(1) Lands on the map entitled Modified Cape Krusenstern Land Exchange, dated July 18, 1985 (2) Notwithstanding the provisions of paragraph A(3) of the Agreement, the Secretary shall not convey to NANA any right, title and interest of the United States in the lands described in such paragraph A(3) and the Secretary shall make no charge to NANAs remaining entitlements under this chapter with respect to such lands. Such lands shall be retained in Federal ownership but shall be subject to the easement described in Exhibit D to the Agreement as if the lands had been conveyed to NANA pursuant to paragraph A(3) of the Agreement. (d) Easement in and to transportation system lands (1) There is hereby granted to NANA an easement in and to the lands designated as Transportation System Lands on the map entitled Modified Cape Krusenstern Land Exchange, dated July 18, 1985 (2) The easement granted pursuant to this section shall be for a term of 100 years. The easement shall terminate prior to the 100-year term: (i) if it is relinquished to the United States; or (ii) if construction of the transportation system has not commenced within 20 years of September 25, 1985 (iii) upon completion of reclamation pursuant to the reclamation plan required by Exhibit B to the Agreement. (3) Within 90 days after September 25, 1985 (4) Except as regards the trail easement described in Exhibit D to the Agreement (to which the Transportation System Lands shall be subject as if such lands had been conveyed to NANA pursuant to paragraph A(1) of the Agreement), access to the lands subject to the easement granted by this section shall be subject to such limitations, restrictions or conditions as may be imposed by NANA, its successors and assigns, but NANA and its successors and assigns shall permit representatives of the Secretary such access as the Secretary determines is necessary for the monitoring required by this section. (e) Compliance with local laws The easement granted by this section makes available land for the transportation system, and is intended to be sufficient to permit NANA to comply with the laws of the State of Alaska which may be necessary to secure financing of the construction of the transportation system and the operation, maintenance or expansion thereof by the State of Alaska or by the Alaska Industrial Development Authority. (f) Reconveyance of easement by NANA The easement granted to NANA by this section may be reconveyed by NANA, but after any such reconveyance the terms and conditions specified in Exhibit B of the Agreement shall continue to apply in full to the easement. (g) Construction materials taken from borrow sites within easement NANA is hereby granted the right to use, develop and sell sand, gravel and related construction materials from borrow sites located within the easement granted pursuant to this section as required for the construction, operation, maintenance, expansion and reclamation of the transportation system, subject to the terms and conditions specified in Exhibit B of the Agreement. (h) Agreement as governing use of lands (1) The construction, operation, maintenance, expansion and reclamation of any portion of the transportation system on any of the lands subject to the easement granted to NANA by this section shall be governed solely by the terms and conditions of the Agreement, including the procedural and substantive provisions of Exhibit B to the Agreement, as if the lands covered by the easement granted to NANA by this section had been conveyed to NANA pursuant to paragraph A(1) of the Agreement. (2) The Secretary of the Interior, acting through the National Park Service, shall monitor the construction, operation, maintenance, expansion and reclamation of the transportation system, as provided in the Agreement. Any complaint by any person or entity that any aspect of the construction, operation, maintenance, expansion or reclamation of the portion of the transportation system on the lands subject to the easement granted to NANA by this section is not in accordance with the terms and conditions specified in the Agreement shall be made to the Secretary in writing. The Secretary shall review any such complaint and shall provide to NANA or its successors or assigns and to the complainant a decision in writing on the complaint within 90 days of receipt thereof. If the Secretary determines that the activity made the subject of a complaint is not in accordance with the terms specified in the Agreement, and NANA or its successors or assigns disagrees with that determination, the dispute shall be resolved according to the procedures established in Exhibit B to the Agreement. (i) Use of construction materials from other sites The Secretary shall make available to NANA and its successors and assigns the right to use sand, gravel and related construction materials located in Sections 23, 24, 25, 26, 35 and 36 of Township 26 North, Range 24 West, Kateel River Meridian, Alaska, if the Secretary determines either (1) that use of such sand, gravel or related construction material is necessary because there is no other sand, gravel or related construction material reasonably available for the construction, operation, maintenance, expansion or reclamation of the transportation system; or (2) that use of such sand, gravel or related construction material is necessary in order to construct, operate, maintain, expand, or reclaim the transportation system in an environmentally sound manner, consistent with the requirements of Exhibit B of the Agreement. The right to use such sand, gravel and related construction material shall be subject to the terms and conditions of paragraph A of Exhibit B of the Agreement and such other reasonable terms and conditions as the Secretary may prescribe. (j) Congressional consultation as prerequisite to amendment of Agreement Notwithstanding paragraph D(23) of the Agreement, the Secretary shall not agree to any amendment to the Agreement without first consulting with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate and shall transmit copies of the text of any amendment to the Agreement to those Committees at the time of his agreeing to any such amendment. ( Pub. L. 92203,  34 Pub. L. 9996,  1 Sept. 25, 1985 99 Stat. 460 Pub. L. 103437,  16(a)(5) Nov. 2, 1994 108 Stat. 4594  Editorial Notes Amendments 1994Subsec. (j). Pub. L. 103437  1629a. Relinquishment by NANA Regional Corporation, Inc., of lands compact and contiguous to public lands in Cape Krusenstern National Monument (a) Terms and conditions The terms and conditions of this section are solely applicable to the lands described in paragraph A(1) of the Agreement, which is defined by section 1629(a)(1) of this title section 1629 of this title (b) Conveyance of lands to United States NANA Regional Corporation, Inc. (NANA), may convey by quit-claim deed to the United States all of its interest in the surface and subsurface estate in any lands described in subsection (a) of this section: Provided, however Public Law 96487 94 Stat. 2371 (c) Relinquishment of interests under filed selection applications NANA may relinquish any interest it has under selection applications filed pursuant to this chapter in the surface and subsurface estate in lands described in subsection (a) of this section by formally withdrawing such application pursuant to this section: Provided, however Public Law 96487 94 Stat. 2371 (d) Termination date The provisions of this section shall remain in effect only until December 18, 1991 (e) Effect on NANAs selection rights or entitlement to lands Nothing in this section shall be deemed to alter or amend in any way NANAs selection rights or to increase or diminish NANAs total entitlement to lands pursuant to this chapter. ( Pub. L. 92203,  35 Pub. L. 9996,  1 Sept. 25, 1985 99 Stat. 462  Editorial Notes  References in Text The Alaska National Interest Lands Conservation Act, referred to in subsecs. (b) and (c), is Pub. L. 96487 Dec. 2, 1980 94 Stat. 2371 section 3101 of Title 16  1629b. Procedures for considering amendments and resolutions (a) Coverage Notwithstanding any provision of the articles of incorporation and bylaws of a Native Corporation or of the laws of the State, except those related to proxy statements and solicitations that are not inconsistent with this section (1) an amendment to the articles of incorporation of a Native Corporation authorized by subsections (g) and (h) of section 1606 of this title section 1629c of this title (2) a resolution authorized by section 1629d(a)(2) of this title (3) a resolution to establish a Settlement Trust; or (4) a resolution to convey all or substantially all of the assets of a Native Corporation to a Settlement Trust pursuant to section 1629e(a)(1) of this title shall be considered in accordance with the provisions of this section. (b) Basic procedure (1) An amendment or resolution described in subsection (a) may be approved by the board of directors of a Native Corporation in accordance with its bylaws. If the board approves the amendment or resolution, it shall direct that the amendment or resolution be submitted to a vote of the shareholders at the next annual meeting or at a special meeting (if the board, at its discretion, schedules such special meeting). One or more such amendments or resolutions may be submitted to the shareholders and voted upon at one meeting. (2) (A) A written notice (including a proxy statement if required under applicable law), setting forth the amendment or resolution approved pursuant to paragraph (1) (and, at the discretion of the board, a summary of the changes to be effected) together with any amendment or resolution submitted pursuant to subsection (c) and the statements described therein shall be sent, not less than fifty days nor more than sixty days prior to the meeting of the shareholders, by first-class mail or hand-delivered to each shareholder of record entitled to vote at his or her address as it appears in the records of the Native Corporation. The corporation may also communicate with its shareholders at any time and in any manner authorized by the laws of the State. (B) The board of directors may, but shall not be required to, appraise or otherwise determine the value of (i) land conveyed to the corporation pursuant to section 1613(h)(1) of this title (ii) the surface estate of land that is both (I) exempt from real estate taxation pursuant to section 1636(d)(1)(A) of this title (II) used by the shareholders of the corporation for subsistence uses (as defined in section 3113 of title 16 (iii) land or interest in land which the board of directors believes to be only of speculative value; in connection with any communication made to the shareholders pursuant to this subsection. (C) If the board of directors determines, for quorum purposes or otherwise, that a previously-noticed meeting must be postponed or adjourned, it may, by giving notice to the shareholders, set a new date for such meeting not more than forty-five days later than the original date without sending the shareholders a new written notice (or a new summary of changes to be effected). If the new date is more than forty-five days later than the original date, however, a new written notice (and a new summary of changes to be effected if such a summary was originally sent pursuant to subparagraph (A)), shall be sent or delivered to shareholders not less than thirty days nor more than forty-five days prior to the new date. (c) Shareholder petitions (1) (A) With respect to an amendment authorized by section 1606(g)(1)(B) of this title section 1629c(b) of this title section 1606(g)(2)(B)(iii) of this title (B) The requirements of the laws of the State relating to the solicitation of proxies shall govern solicitation of signatures for a petition described in subparagraph (A) except that the requirements of Federal law shall govern the solicitation of signatures for a petition that is to be submitted to a Native Corporation which at the time of such submission has issued a class of equity securities registered pursuant to the Securities Exchange Act of 1934 [ 15 U.S.C. 78a (i) the board agrees with such petition, the board shall submit the amendment and either the proponents statement or its own statement in support of the amendment to the shareholders for a vote, or (ii) the board disagrees with the petition for any reason, the board shall submit the amendment and the proponents statement to the shareholders for a vote and may, at its discretion, submit an opposing statement or an alternative amendment. (2) Paragraph (1) shall not apply to a Native Corporation that on or before the date one year after February 3, 1988 section 1629c(d) of this title section 1629c(b) of this title December 18, 1991 section 1629c(c) of this title section 1629c(b) of this title (d) Voting standards (1) Except as otherwise set forth in subsection (d)(3) of this section, an amendment or resolution described in subsection (a) shall be considered to be approved by the shareholders of a Native Corporation if it receives the affirmative vote of shares representing (A) a majority of the total voting power of the corporation, or (B) a level of the total voting power of the corporation greater than a majority (but not greater than two-thirds of the total voting power of the corporation) if the corporation establishes such a level by an amendment to its articles of incorporation. (2) A Native Corporation in amending its articles of incorporation pursuant to section 1606(g)(2) of this title section 1629c of this title (3) A resolution described in subsection (a)(3) or an amendment to articles of incorporation under section 1606(g)(1)(B) of this title (A) a majority of the shares present or represented by proxy at the meeting relating to the resolution or amendment to articles of incorporation; or (B) an amount of shares greater than a majority of the shares present or represented by proxy at the meeting relating to the resolution or amendment to articles of incorporation (but not greater than two-thirds of the total voting power of the corporation) if the corporation establishes such a level by an amendment to its articles of incorporation. (e) Voting power For the purposes of this section, the determination of total voting power of a Native Corporation shall include all outstanding shares of stock that carry voting rights except shares that are not permitted to vote on the amendment or resolution in question because of restrictions in the articles of incorporation of the corporation. (f) Substantially all of the assets For purposes of this section and section 1629e of this title ( Pub. L. 92203,  36 Pub. L. 100241,  7 Feb. 3, 1988 101 Stat. 1795 Pub. L. 1087, div. F, title III,  337(a) Feb. 20, 2003 117 Stat. 278 Pub. L. 109179,  1 Mar. 13, 2006 120 Stat. 283 Pub. L. 109221, title I,  101(a) May 12, 2006 120 Stat. 336  Editorial Notes  References in Text The Securities Exchange Act of 1934, referred to in subsec. (c)(1)(B), is act June 6, 1934, ch. 404 48 Stat. 881 section 78a of Title 15 Amendments 2006 Pub. L. 109221,  101(a)(1) Pub. L. 1087,  337(a) Subsec. (d). Pub. L. 109179,  1 section 1606(g)(1)(B) of this title Subsec. (f). Pub. L. 109221,  101(a)(2) section 1629e of this title 2003Subsec. (d)(1). Pub. L. 1087,  337(a)(1) Pub. L. 109221,  101(a)(1)(A) Subsec. (d)(d)(3). Pub. L. 1087,  337(a)(2) Pub. L. 109221,  101(a)(1)(A) Subsec. (f). Pub. L. 1087,  337(a)(3) Pub. L. 109221,  101(a)(1)(A) Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Pub. L. 109221, title I,  101(c) May 12, 2006 120 Stat. 337 The amendments made by this section [amending this section and section 1629e of this title February 20, 2003  1629c. Duration of alienability restrictions (a) General rule Alienability restrictions shall continue until terminated in accordance with the procedures established by this section. No such termination shall take effect until after July 16, 1993 Provided, however March 1, 1992 (b) Opt-out procedure (1) (A) A Native Corporation may amend its articles of incorporation to terminate alienability restrictions in accordance with this subsection. Only one amendment to terminate alienability restrictions shall be considered and voted on prior to December 18, 1991 December 18, 1991 (B) If an amendment to terminate alienability restrictions is considered, voted on, and rejected prior to December 18, 1991 December 18, 1991 (i) in the case of an amendment submitted by the board of directors of the corporation on its own motion, not earlier than five years after the rejection of the most recently rejected amendment to terminate restrictions; or (ii) in the case of an amendment submitted by the board of directors of the corporation pursuant to a shareholder petition, not earlier than two years after the rejection of the most recently rejected amendment to terminate restrictions. (C) If no amendment to terminate alienability restrictions is considered and voted on prior to December 18, 1991 December 18, 1991 (i) in the case of an amendment submitted by the board of directors of the corporation on its own motion, not more than once every five years; or (ii) in the case of an amendment submitted by the board of directors of the corporation pursuant to a shareholder petition, not more than once every two years. (2) An amendment authorized by paragraph (1) shall specify the time of termination, either by establishing a date certain or by describing the specific event upon which alienability restrictions shall terminate. (3) Dissenters rights may be granted by the corporation in connection with the rejection of an amendment to terminate alienability restrictions in accordance with section 1629d of this title (c) Recapitalization procedure (1) (A) On or prior to December 18, 1991 December 18, 1991 December 18, 1991 (B) An amendment or amendments submitted pursuant to subparagraph (A) (and any subsequent amendment submitted pursuant to subparagraph (C)) may provide for the maintenance or extension of alienability restrictions for (i) an indefinite period of time; (ii) a specified period of time not to exceed fifty years; or (iii) a period of time that shall end upon the occurrence of a specified event. (C) If an amendment or amendments approved pursuant to subparagraph (A) or this subparagraph maintains or extends alienability restrictions for a specified period of time, termination of the restrictions at the close of such period may be postponed if a further amendment to the articles of incorporation of the corporation is approved to extend the restrictions. There shall be no limit on the number of such amendments that can be approved. Such amendments shall not be effective to extend the restrictions unless approved prior to the expiration of the period of maintenance or extension then in force. (D) The board of directors may ask the shareholders to approve en bloc pursuant to a single vote a series of amendments (including an amendment to authorize the issuance of stock pursuant to section 1606(g) of this title (2) (A) If an amendment to the articles of incorporation of a Native Corporation maintaining or extending alienability restrictions for a specified period of time is approved pursuant to paragraph (1), the restrictions shall automatically terminate at the end of such period unless the restrictions are extended in accordance with the provisions of paragraph (1)(C). (B) (i) A Native Corporation that approves an amendment to its articles of incorporation pursuant to paragraph (1)(B) to maintain or extend alienability restrictions for an indefinite period may later amend its articles to terminate such restrictions. Such amendment shall specify the time of termination, either by establishing a date certain or by describing the specific event upon which the restrictions shall terminate. (ii) Rejection of an amendment described in clause (i) by the shareholders shall not preclude consideration of subsequent amendments to terminate alienability restrictions. (3) If a recapitalization plan approved pursuant to paragraph (1) distributes voting alienable common stock to each holder of shares of Settlement Common Stock (issued pursuant to section 1606(g)(1)(A) of this title section 1629d of this title (d) Opt-in procedure (1) (A) Subsection (b) shall not apply to a Native Corporation whose board of directors approves, no later than one year after February 3, 1988 (B) This subsection shall not apply to Village Corporations, Urban Corporations, and Group Corporations located outside of the Bristol Bay and Aleut regions. (2) (A) Alienability restrictions imposed on Settlement Common Stock issued by a Native Corporation electing application of this subsection shall terminate on December 18, 1991 (B) (i) The board of directors of a Native Corporation electing application of this subsection shall, at least once prior to January 1, 1991 December 18, 1991 (ii) In lieu of approving the amendment to the articles of incorporation described in clause (i) and submitting such amendment to a vote of the shareholders, at any time prior to January 1, 1991 December 18, 1991 (iii) Notwithstanding any other provision of law, a civil action that challenges the constitutionality of any provision in clause (ii) shall be barred unless it is filed within one year after the date of the vote of the board of directors approving a resolution to rescind a prior opt-in election under paragraph (1)(A). Any such civil action shall be filed in accordance with section 16(b) of the Alaska Native Claims Settlement Act Amendments of 1987 ( 101 Stat. 18131814 (C) An amendment submitted pursuant to subparagraph (B) and any amendment submitted pursuant to subparagraph (D) may provide for an extension of alienability restrictions for (i) an indefinite period of time, or (ii) a specified period of time of not less than one year and not more than fifty years. (D) If an amendment approved by the shareholders of a Native Corporation pursuant to subparagraph (B) or this subparagraph extends alienability restrictions for a specified period of time, termination of the restrictions at the close of such period may be postponed if a further amendment to the articles of incorporation of the corporation is approved to extend the restrictions. There shall be no limit on the number of such amendments that can be approved. Such amendments shall not be effective to extend the restrictions unless approved prior to the expiration of the period of extension then in force. (3) (A) If an amendment to the articles of incorporation of a Native Corporation extending alienability restrictions for a specified period of time is approved pursuant to paragraph (2), the restrictions shall automatically terminate at the end of such period unless the restrictions are extended in accordance with the provisions of paragraph (2)(D). (B) If the board of directors of a Native Corporation electing application of this subsection does not submit for a shareholder vote an amendment to the articles of incorporation of the corporation in accordance with paragraph (2)(B), or if the amendment submitted does not comply with paragraph (2)(C), alienability restrictions shall not terminate and shall instead remain in effect until such time as a court of competent jurisdiction, upon petition of one or more shareholders of the corporation, orders that a shareholder vote be taken on an amendment which complies with paragraph (2)(C) and such vote is conducted. Following the vote, the status of alienability restrictions shall be determined in accordance with the other provisions of this subsection and the amendment, if approved. (4) (A) A Native Corporation that approves an amendment to its articles of incorporation pursuant to paragraph (2) to extend alienability restrictions for an indefinite period of time may later amend its articles of incorporation to terminate the restrictions. Such amendment shall specify the time of termination, either by establishing a date certain or by describing the specific event upon which the restrictions shall terminate. (B) The rejection of an amendment described in subparagraph (A) by the shareholders shall not preclude consideration of subsequent amendments to terminate alienability restrictions. (5) (A) If a Native Corporation amends its articles of incorporation pursuant to paragraph (2) to extend alienability restrictions, a shareholder who (i) voted against such amendment, and (ii) desires to relinquish his or her Settlement Common Stock in exchange for the stock or payment authorized by the board of directors pursuant to subparagraph (B), shall notify the Corporation within ninety days of the date of the vote of the shareholders on the amendment of his or her desire. (B) Within one hundred and twenty days after the date of the vote described in subparagraph (A), the board of directors shall approve a resolution to provide that each shareholder who has notified the corporation pursuant to subparagraph (A) shall receive either (i) alienable common stock in exchange for his or her Settlement Common Stock pursuant to paragraph (6), or (ii) an opportunity to request payment for his or her Settlement Common Stock pursuant to section 1629d(a)(1)(B) of this title (C) This paragraph shall apply only to the first extension of alienability restrictions approved by the shareholders. No dissenters rights of any sort shall be permitted in connection with subsequent extensions of such restrictions. (6) (A) If the board of directors of a Native Corporation approves a resolution providing for the issuance of alienable common stock pursuant to paragraph (5)(B), then on December 18, 1991 (B) (i) Alienable common stock issued in exchange for Settlement Common Stock issued subject to the restriction authorized by section 1606(g)(1)(B)(iii) of this title (ii) Alienable common stock issued in exchange for a class of Settlement Common Stock carrying greater per share voting power than Settlement Common Stock issued pursuant to subsections (g)(1)(A) and (g)(1)(B) shall carry such voting power and be subject to such other terms as may be provided in the amendment to the articles of incorporation authorizing the issuance of such class of Settlement Common Stock. (iii) In the resolution authorized by paragraph (5)(B), the board of directors shall provide that each share of Settlement Common Stock carrying the right to share in distributions made to shareholders pursuant to subsections (j) and (m) of section 1606 of this title (I) a share of alienable common stock carrying such right, or (II) a share of alienable common stock that does not carry such right together with a separate, non-voting security that represents only such right. (iv) In the resolution authorized by paragraph (5)(B), the board of directors may impose upon the alienable common stock to be issued in exchange for Settlement Common Stock one or more of the following (I) a restriction granting the corporation, or the corporation and members of the shareholders immediate family who are Natives or descendants of Natives the first right to purchase, on reasonable terms, the alienable common stock of the shareholder prior to the sale or transfer of such stock (other than a transfer by will or intestate succession) to any other party, including a transfer in satisfaction of a lien, writ of attachment, judgment execution, pledge, or other encumbrance; or (II) any other term, restriction, limitation, or other provision permitted under the laws of the State. (C) The articles of incorporation of the Native Corporation shall be deemed amended to implement the provisions of the resolution authorized by paragraph (5)(B). (D) Alienable common stock issued pursuant to this subparagraph shall not be subjected to a lien or judgment execution based upon any asserted or unasserted legal obligation of the original recipient arising prior to the issuance of such stock. (7) (A) No share of alienable common stock issued pursuant to paragraph (6) shall carry voting rights if it is owned, legally or beneficially, by a person not a Native or a descendant of a Native. (B) (i) A purchaser or other transferee of shares of alienable common stock shall, as a condition of the obligation of the issuing Native Corporation to transfer such shares on the books of the corporation, deliver to the corporation or transfer agent, as the case may be, a statement on a form prescribed by the corporation identifying the number of such shares to be transferred to such transferee and certifying (I) that such transferee is or is not a Native or a descendant of a Native; (II) that such transferee, if not a Native or a descendant of a Native, understands that shares of such alienable common stock shall not carry voting rights so long as such shares are held by the transferee or any subsequent transferee not a Native or a descendant of a Native; (III) that such transferee, if a purchaser, understands that such acquisition may be subject to section 78m(d) of title 15 (IV) whether such transferee will be the sole beneficial owner of such shares (if not, the transferee must certify as to the identities of all beneficial owners of such shares and whether such owners are Natives or descendants of Natives). (ii) The statement required by clause (i) shall be prima facie evidence of the matters certified therein and may be relied upon by the corporation in effecting a transfer on its books. (iii) For purposes of this subparagraph, a beneficial owner of a security includes any person (including a corporation, partnership, trust, association, or other entity) who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise has or shares (I) voting power, which includes the power to vote, or to direct the voting of, such security; or (II) investment power, which includes the power to dispose of, or to direct the disposition of, such security. (iv) Any person who, directly or indirectly, creates or uses a trust, proxy, power of attorney, pooling arrangement, or any other contract, arrangement, or device with the purpose or effect of divesting such person of beneficial ownership of a security or preventing the vesting of such beneficial ownership as part of a plan or scheme to evade the requirements imposed by this section or section 78m(d) of title 15 (C) The statement required by subparagraph (B) shall be verified by the transferee before a notary public or other official authorized to administer oaths in accordance with the laws of the jurisdiction of the transferee or in which the transfer is made. ( Pub. L. 92203,  37 Pub. L. 100241,  8 Feb. 3, 1988 101 Stat. 1797 Pub. L. 101378, title III,  301 Aug. 17, 1990 104 Stat. 471 Pub. L. 102201, title III,  301 Dec. 10, 1991 105 Stat. 1633  Editorial Notes  References in Text Section 16(b) of the Alaska Native Claims Settlement Act Amendments of 1987, referred to in subsec. (d)(2)(B)(iii), is section 16(b) of Pub. L. 100241 section 1601 of this title Amendments 1991Subsec. (a). Pub. L. 102201 July 16, 1993 Provided, however March 1, 1992 December 18, 1991 1990Subsec. (d)(1)(A). Pub. L. 101378,  301(1) Subsec. (d)(2)(B). Pub. L. 101378,  301(2)  1629d. Dissenters rights (a) Coverage (1) Notwithstanding the laws of the State, if the shareholders of a Native Corporation (A) fail to approve an amendment authorized by section 1629c(b) of this title (B) approve an amendment authorized by section 1629c(d) of this title section 1629c(d)(6) of this title (2) (A) A demand for payment made pursuant to paragraph (1)(A) shall be honored only if at the same time as the vote giving rise to the demand, the shareholders of the corporation approved a resolution providing for the purchase of Settlement Common Stock from dissenting shareholders. (B) A demand for payment made pursuant to paragraph (1)(B) shall be honored. (b) Relationship to State procedure (1) Except as otherwise provided in this section, the laws of the State governing the right of a dissenting shareholder to demand and receive payment for his or her shares shall apply to demands for payment honored pursuant to subsection (a)(2). (2) The board of directors of a Native Corporation may approve a resolution to provide a dissenting shareholder periods of time longer than those provided under the laws of the State to take actions required to demand and receive payment for his or her shares. (c) Valuation of stock (1) Prior to a vote described in subsection (a)(1), the board of directors of a Native Corporation may approve a resolution to provide that one or more of the following conditions will apply in the event a demand for payment is honored pursuant to subsection (a)(2) (A) the Settlement Common Stock shall be valued as restricted stock; and (B) the value of (i) any land conveyed to the corporation pursuant to section 1613(h)(1) of this title (ii) the surface estate of any land that is both (I) exempt from real estate taxation pursuant to section 1636(d)(1)(A) of this title (II) used by the shareholders of the corporation for subsistence uses (as defined in section 3113 of title 16 (iii) any land or interest in land which the board of directors believes to be only of speculative value; shall be excluded by the shareholder making the demand for payment, the corporation purchasing the Settlement Common Stock of the shareholder, and any court determining the fair value of the shares of Settlement Common Stock to be purchased. (2) No person shall have a claim against a Native Corporation or its board of directors based upon the failure of the board to approve a resolution authorized by this subsection. (d) Form of payment (1) Prior to a vote described in subsection (a)(1), the board of directors of a Native Corporation may approve a resolution to provide that in the event a demand for payment is honored pursuant to subsection (a)(2) payments to each dissenting shareholder shall be made by the corporation through the issuance of a negotiable note in the principal amount of the payment due, which shall be secured by (A) a payment bond issued by an insurance company or financial institution; (B) the deposit in escrow of securities or property having a fair market value equal to at least 125 per centum of the face value of the note; or (C) a lien upon real property interests of the corporation valued at 125 percent or more of the face amount of the note, except that no such lien shall be applicable to (i) land conveyed to the corporation pursuant to section 1613(h)(1) of this title (ii) the percentage interest in the corporations timber resources and subsurface estate that exceeds its percentage interest in revenues from such property under section 1606(i) of this title (iii) the surface estate of land that is both (I) exempt from real estate taxation pursuant to section 1636(d)(1)(A) of this title (II) used by the shareholders of the corporation for subsistence uses (as defined in section 3113 of title 16 unless the Board of Directors 1 1 (2) A note issued pursuant to paragraph (1) shall provide that (A) interest shall be paid semi-annually, beginning as of the date on which the vote described in subsection (a)(1) occurred, at the rate applicable on such date to obligations of the United States having a maturity date of one year, and (B) the principal amount and accrued interest on such note shall be payable to the holder at a time specified by the corporation but in no event later than the date that is five years after the date of the vote described in subsection (a)(1). (e) Dividend adjustment (1) The cash payment made pursuant to subsection (a) or the principal amount of a note issued pursuant to subsection (d) to a dissenting shareholder shall be reduced by the amount of dividends paid to such shareholder with respect to his or her Settlement Common Stock after the date of the vote described in subsection (a)(1). (2) Upon receipt of a cash payment pursuant to subsection (a) or a note pursuant to subsection (d), a dissenting shareholder shall no longer have an interest in the shares of Settlement Common Stock or in the Native Corporation. ( Pub. L. 92203,  38 Pub. L. 100241,  9 Feb. 3, 1988 101 Stat. 1802  1629e. Settlement Trust option (a) Conveyance of corporate assets (1) (A) A Native Corporation may convey assets (including stock or beneficial interests therein) to a Settlement Trust in accordance with the laws of the State (except to the extent that such laws are inconsistent with this section and section 1629b of this title (B) The approval of the shareholders of the corporation in the form of a resolution shall be required to convey all or substantially all of the assets of the corporation to a Settlement Trust. A conveyance in violation of this clause shall be void ab initio and shall not be given effect by any court. (2) No subsurface estate in land shall be conveyed to a Settlement Trust. A conveyance of title to, or any other interest in, subsurface estate in violation of this subparagraph shall be void ab initio and shall not be given effect by any court. (3) Conveyances made pursuant to this subsection (A) shall be subject to applicable laws respecting fraudulent conveyance and creditors rights; and (B) shall give rise to dissenters rights to the extent provided under the laws of the State only if (i) the rights of beneficiaries in the Settlement Trust receiving a conveyance are inalienable; and (ii) a shareholder vote on such transfer is required by section 1629b(a)(4) of this title (4) The provisions of this subsection shall not prohibit a Native Corporation from engaging in any conveyance, reorganization, or transaction not otherwise prohibited under the laws of the State or the United States. (b) Authority and limitations of a Settlement Trust (1) The purpose of a Settlement Trust shall be to promote the health, education, and welfare of its beneficiaries and preserve the heritage and culture of Natives. A Settlement Trust shall not (A) operate as a business; (B) alienate land or any interest in land received from the settlor Native Corporation (except if the recipient of the land is the settlor corporation or the land is conveyed for a homesite by the Trust to a beneficiary of the Trust who is also a legal resident under Alaska law of the Native village of the settlor corporation and the conveyance does not exceed 1.5 acres); or (C) discriminate in favor of a group of individuals composed only or principally of employees, officers, or directors of the settlor Native Corporation. An alienation of land or an interest in land in violation of this paragraph shall be void ab initio and shall not be given effect by any court. (2) A Native Corporation that has established a Settlement Trust shall have exclusive authority to (A) appoint the trustees of the trust, and (B) remove the trustees of the trust for cause. Only a natural person shall be appointed a trustee of a Settlement Trust. An appointment or removal of a trustee in violation of this paragraph shall be void ab initio and shall not be given effect by any court. (3) A Native Corporation that has established a Settlement Trust may expand the class of beneficiaries to include holders of Settlement Common Stock issued after the establishment of the trust without compensation to the original beneficiaries. (4) A Settlement Trust shall not be held to violate any laws against perpetuities. (c) Savings (1) The provisions of this chapter shall continue to apply to any land or interest in land received from the Federal Government pursuant to this chapter and later conveyed to a Settlement Trust as if the land or interest in land were still held by the Native Corporation that conveyed the land or interest in land. (2) No timber resources subject to section 1606(i) of this title (A) dispose of diseased or dying timber or to prevent the spread of disease or insect infestation; (B) prevent or suppress fire; or (C) ensure public safety. The revenue, if any, from such timber harvests shall be subject to section 1606(i) of this title (3) The conveyance of assets (including stock or beneficial interests) pursuant to subsection (a) shall not affect the applicability or enforcement (including specific performance) of a valid contract, judgment, lien, or other obligation (including an obligation arising under section 1606(i) of this title (4) A claim based upon paragraph (1), (2), or (3) shall be enforceable against the transferee Settlement Trust holding the land, interest in land, or other assets (including stock or beneficial interests) in question to the same extent as such claim would have been enforceable against the transferor Native Corporation, and valid obligations arising under section 1606(i) of this title (5) Except as provided in paragraphs (1), (2), (3), and (4), once a Native Corporation has made, pursuant to subsection (a), a conveyance to a Settlement Trust that does not (A) render it (i) unable to satisfy claims based upon paragraph (1), (2), or (3); or (ii) insolvent; or (B) occur when the Native Corporation is insolvent; the assets so conveyed to the Settlement Trust shall not be subject to attachment, distraint, or sale on execution of judgment or other process or order of any court, except with respect to the lawful debts or obligations of the Settlement Trust. (6) No transferee Settlement Trust shall make a distribution or conveyance of assets (including cash, stock, or beneficial interests) that would render it unable to satisfy a claim made pursuant to paragraph (1), (2), or (3). A distribution or conveyance made in violation of this paragraph shall be void ab initio and shall not be given effect by any court. (7) Except where otherwise expressly provided, no provision of this section shall be construed to require shareholder approval of an action where shareholder approval would not be required under the laws of the State. (8) A beneficiarys interest in a settlement trust and the distributions thereon shall be subject to creditor action (including without limitation, levy attachment, pledge, lien, judgment execution, assignment, and the insolvency and bankruptcy laws) only to the extent that Settlement Common Stock and the distributions thereon are subject to such creditor action under section 1606(h) of this title ( Pub. L. 92203,  39 Pub. L. 100241,  10 Feb. 3, 1988 101 Stat. 1804 Pub. L. 105333,  13 Oct. 31, 1998 112 Stat. 3135 Pub. L. 106559, title III,  302 Dec. 21, 2000 114 Stat. 2782 Pub. L. 1087, div. F, title III,  337(b) Feb. 20, 2003 117 Stat. 278 Pub. L. 109221, title I,  101(b) May 12, 2006 120 Stat. 337  Editorial Notes Amendments 2006Subsec. (a)(3)(B). Pub. L. 109221,  101(b)(1) Pub. L. 1087,  337(b) Subsec. (a)(3)(B)(ii). Pub. L. 109221,  101(b)(2) section 1629b(a)(4) of this title section 1629b of this title 2003Subsec. (a)(3)(B). Pub. L. 1087,  337(b) Pub. L. 109221,  101(b)(1) 2000Subsec. (c)(8). Pub. L. 106559 1998Subsec. (b)(1)(B). Pub. L. 105333 Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Amendment by Pub. L. 109221 Feb. 20, 2003 section 101(c) of Pub. L. 109221 section 1629b of this title  1629f. Claims arising from contamination of transferred lands (a) As used in this section the term contaminant means 1 1 (b) Within 18 months of November 2, 1995 (1) existing information concerning the nature and types of contaminants present on such lands prior to conveyance to Alaska Native Corporations; (2) existing information identifying to the extent practicable the existence and availability of potentially responsible parties for the removal or remediation of the effects of such contaminants; (3) identification of existing remedies; (4) recommendations for any additional legislation that the Secretary concludes is necessary to remedy the problem of contaminants on the lands; and (5) in addition to the identification of contaminants, identification of structures known to have asbestos present and recommendations to inform Native landowners on the containment of asbestos. ( Pub. L. 92203,  40 Pub. L. 10442, title I,  103 Nov. 2, 1995 109 Stat. 354  Statutory Notes and Related Subsidiaries  Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007  1629g. Open season for certain Alaska Native veterans for allotments (a) In general (1) During the eighteen month period following promulgation of implementing rules pursuant to subsection (e), a person described in subsection (b) shall be eligible for an allotment of not more than two parcels of federal 1 1 May 17, 1906 34 Stat. 197 December 18, 1971 (2) Allotments may be selected only from lands that were vacant, unappropriated, and unreserved on the date when the person eligible for the allotment first used and occupied those lands. (3) The Secretary may not convey allotments containing any of the following (A) lands upon which a native or non-native campsite is located, except for a campsite used primarily by the person selecting the allotment; (B) lands selected by, but not conveyed to, the State of Alaska pursuant to the Alaska Statehood Act or any other provision of law; (C) lands selected by, but not conveyed to, a Village or Regional Corporation; (D) lands designated as wilderness by statute; (E) acquired lands; (F) lands containing a building, permanent structure, or other development owned or controlled by the United States, another unit of government, or a person other than the person selecting the allotment; (G) lands withdrawn or reserved for national defense purposes other than National Petroleum Reserve-Alaska; (H) National Forest Lands; and (I) lands selected or claimed, but not conveyed, under a public land law, including but not limited to the following: (1) Lands within a recorded mining claim. (2) Home sites. (3) Trade and Manufacturing sites. (4) Reindeer sites or headquarters sites. (5) Cemetery sites. (4) A person who qualifies for an allotment on lands prohibited from conveyance by a provision of subsection (a)(3) may select an alternative allotment from the following lands located within the geographic boundaries of the same Regional Corporation as the excluded allotment (A) lands withdrawn pursuant to section 1610(a)(1) of this title (B) lands contiguous to the outer boundary of lands withdrawn pursuant to section 1610(a)(1)(C) of this title (C) vacant, unappropriated and unreserved lands. (5) After consultation with a person entitled to an allotment within a Conservation System Unit, the Secretary may convey alternative lands of equal acreage, including lands within a Conservation System Unit, to that person if the Secretary determines that the allotment would be incompatible with a purpose for which the Conservation System Unit was established. (6) All conveyances under this section shall (A) be subject to valid existing rights, including any right of the United States to income derived, directly or indirectly, from a lease, license, permit, right-of-way or easement; and (B) reserve to the United States deposits of oil, gas and coal, together with the right to explore, mine, and remove these minerals, on lands which the Secretary determines to be prospectively valuable for development. (b) Eligible person (1) A person is eligible to select an allotment under this section if that person (A) would have been eligible for an allotment under the Act of May 17, 1906 34 Stat. 197 December 18, 1971 section 1634(a)(3) of this title (B) is a veteran who served during the period between January 1, 1969 December 31, 1971 (i) served at least 6 months between January 1, 1969 December 31, 1971 (ii) enlisted or was drafted into military service after June 2, 1971 December 3, 1971 (2) (A) The personal representative or special administrator, appointed in an Alaska State court proceeding of the estate of a decedent who was eligible under subsection (b)(1)(A) may, for the benefit of the heirs, select an allotment if the decedent was a veteran who served in South East Asia at any time during the period beginning August 5, 1964 December 31, 1971 (i) was killed in action; (ii) was wounded in action and subsequently died as a direct consequence of that wound, as determined by the Department of Veterans Affairs or based on other evidence acceptable to the Secretary; or (iii) died while a prisoner of war. (B) (i) If the Secretary requests that the Secretary of Veterans Affairs make a determination whether a veteran died as a direct consequence of a wound received in action, the Secretary of Veterans Affairs shall, within 60 days of receipt of the request (I) provide a determination to the Secretary if the records of the Department of Veterans Affairs contain sufficient information to support such a determination; or (II) notify the Secretary that the records of the Department of Veterans Affairs do not contain sufficient information to support a determination and that further investigation will be necessary. (ii) Not later than 1 year after notification to the Secretary that further investigation is necessary, the Department of Veterans Affairs shall complete the investigation and provide a determination to the Secretary. (3) No person who received an allotment or has a pending allotment under the Act of May 17, 1906 (c) Study and report (1) The Secretary of the Interior shall conduct a study to identify and assess the circumstances of veterans of the Vietnam era who (A) served during a period other than that specified in subsection (b)(1)(B); (B) were eligible for an allotment under the Act of May 17, 1906 (C) did not apply for an allotment under that Act. (2) The Secretary shall, within one year of October 21, 1998 (d) Definitions For the purposes of this section, the terms veteran and Vietnam era have the meanings given those terms by paragraphs (2) and (29), respectively, of section 101 of title 38 (e) Regulations No later than 18 months after October 21, 1998 ( Pub. L. 92203,  41 Pub. L. 105276, title IV,  432 Oct. 21, 1998 112 Stat. 2516 Pub. L. 106559, title III,  301 Dec. 21, 2000 114 Stat. 2782 Pub. L. 108452, title III,  306 Dec. 10, 2004 118 Stat. 3590  Editorial Notes  References in Text Act of May 17, 1906 act May 17, 1906, ch. 2469 34 Stat. 197 Pub. L. 92203,  18(a) Dec. 18, 1971 85 Stat. 710 The Alaska Statehood Act, referred to in subsec. (a)(3)(B), is Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 Amendments 2004Subsec. (b)(1)(A). Pub. L. 108452,  306(1) section 1634(a)(3) of this title Subsec. (b)(2). Pub. L. 108452,  306(2) 2000Subsec. (a)(3)(I)(4). Pub. L. 106559,  301(1) Subsec. (a)(4)(B). Pub. L. 106559,  301(2) Subsec. (b)(1)(B)(i). Pub. L. 106559,  301(3) Subsec. (b)(2). Pub. L. 106559,  301(4) Statutory Notes and Related Subsidiaries  Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007  1629g1. Alaska Native Vietnam era veterans land allotment (a) Definitions In this section: (1) Available Federal land (A) In general The term available Federal land means Federal land in the State that (i) is vacant, unappropriated, and unreserved and is identified as available for selection under subsection (b)(5); or (ii) has been selected by, but not yet conveyed to (I) the State, if the State agrees to voluntarily relinquish the selection of the Federal land for selection by an eligible individual; or (II) a Regional Corporation or a Village Corporation, if the Regional Corporation or Village Corporation agrees to voluntarily relinquish the selection of the Federal land for selection by an eligible individual. (B) Exclusions The term available Federal land does not include any Federal land in the State that is (i) (I) a right-of-way of the TransAlaska Pipeline; or (II) an inner or outer corridor of such a right-of-way; (ii) withdrawn or acquired for purposes of the Armed Forces; (iii) under review for a pending right-of-way for a natural gas corridor; (iv) within the Arctic National Wildlife Refuge; (v) within a unit of the National Forest System; (vi) designated as wilderness by Congress; (vii) within a unit of the National Park System, a National Preserve, or a National Monument; (viii) within a component of the National Trails System; (ix) within a component of the National Wild and Scenic Rivers System; or (x) within the National Petroleum ReserveAlaska. (2) Eligible individual The term eligible individual means an individual who, as determined by the Secretary in accordance with subsection (c)(1), is (A) a Native veteran (i) who served in the Armed Forces during the period between August 5, 1964 December 31, 1971 (ii) has not received an allotment made pursuant to (I) the Act of May 17, 1906 34 Stat. 197 December 17, 1971 (II)  section 1613(h)(5) of this title (III)  section 1629g of this title (B) is 1 1 (3) Native; Regional Corporation; Village Corporation The terms Native, Regional Corporation, and Village Corporation have the meanings given those terms in section 1602 of this title (4) State The term State means the State of Alaska. (5) Veteran The term veteran has the meaning given the term in section 101 of title 38 (b) Allotments for eligible individuals (1) Information to determine eligibility (A) In general Not later than 180 days after March 12, 2019 August 5, 1964 December 31, 1971 (B) Use The Secretary shall use the information provided under subparagraph (A) to determine whether an individual meets the military service requirements under subsection (a)(2)(A)(i). (C) Outreach and assistance The Secretary, in coordination with the Secretary of Veterans Affairs, shall conduct outreach, and provide assistance in applying for allotments, to eligible individuals. (2) Regulations Not later than 18 months after March 12, 2019 (3) Selection by eligible individuals (A) In general An eligible individual (i) may select 1 parcel of not less than 2.5 acres and not more than 160 acres of available Federal land; and (ii) on making a selection pursuant to clause (i), shall submit to the Secretary an allotment selection application for the applicable parcel of available Federal land. (B) Selection period An eligible individual may apply for an allotment during the 5-year period beginning on the effective date of the final regulations issued under paragraph (2). (4) Conflicting selections If 2 or more eligible individuals submit to the Secretary an allotment selection application under paragraph (3)(A)(ii) for the same parcel of available Federal land, the Secretary shall (A) give preference to the selection application received on the earliest date; and (B) provide to each eligible individual the selection application of whom is rejected under subparagraph (A) an opportunity to select a substitute parcel of available Federal land. (5) Identification of available Federal land administered by the Bureau of Land Management (A) In general Not later than 1 year after March 12, 2019 (B) Certification; survey The Secretary shall (i) certify that the available Federal land identified under subparagraph (A) is free of known contamination; and (ii) survey the available Federal land identified under subparagraph (A) into aliquot parts and lots, segregating all navigable and meanderable waters and land not available for allotment selection. (C) Maps As soon as practicable after the date on which available Federal land is identified under subparagraph (A), the Secretary shall submit to Congress, and publish in the Federal Register, 1 or more maps depicting the identified available Federal land. (D) Conveyances Any available Federal land conveyed to an eligible individual under this paragraph shall be subject to (i) valid existing rights; and (ii) the reservation of minerals to the United States. (E) Intent of Congress It is the intent of Congress that not later than 1 year after the date on which an eligible individual submits an allotment selection application for available Federal land that meets the requirements of this section, as determined by the Secretary, the Secretary shall issue to the eligible individual a certificate of allotment with respect to the available Federal land covered by the allotment selection application, subject to the requirements of subparagraph (D). (c) Identification of available Federal land in units of the National Wildlife Refuge System (1) Report Not later than 1 year after March 12, 2019 (A) conduct a study to determine whether any additional Federal lands within units of the National Wildlife Refuge System in the State should be made available for allotment selection; and (B) report the findings and conclusions of the study to Congress. (2) Content of the report The Secretary shall include in the report required under paragraph (1) (A) the Secretarys determination whether Federal lands within units of the National Wildlife Refuge System in the State should be made available for allotment selection by eligible individuals; and (B) identification of the specific areas (including maps) within units of the National Wildlife Refuge System in the State that the Secretary determines should be made available, consistent with the mission of the National Wildlife Refuge System and the specific purposes for which the unit was established, and this subsection. (3) Factors to be considered In determining whether Federal lands within units of the National Wildlife Refuge System in the State should be made available under paragraph (1)(A), the Secretary shall take into account (A) the proximity of the Federal land made available for allotment selection under subsection (b)(5) to eligible individuals; (B) the proximity of the units of the National Wildlife Refuge System in the State to eligible individuals; and (C) the amount of additional Federal land within units of the National Wildlife Refuge System in the State that the Secretary estimates would be necessary to make allotments available for selection by eligible individuals. (4) Identifying Federal land in units of the National Wildlife Refuge System In identifying whether Federal lands within units of the National Wildlife Refuge System in the State should be made available for allotment under paragraph (2)(B), the Secretary shall not identify any Federal land in a unit of the National Wildlife Refuge System (A) the conveyance of which, independently or as part of a group of allotments (i) could significantly interfere with biological, physical, cultural, scenic, recreational, natural quiet, or subsistence values of the unit of the National Wildlife Refuge System; (ii) could obstruct access by the public or the Fish and Wildlife Service to the resource values of the unit; (iii) could trigger development or future uses in an area that would adversely affect resource values of the surrounding National Wildlife Refuge System land; (iv) could open an area of a unit to new access and uses that adversely affect resources values of the unit; or (v) could interfere with the management plan of the unit; (B) that is located within 300 feet from the shore of a navigable water body; (C) that is not consistent with the purposes for which the unit of the National Wildlife Refuge System was established; (D) that is designated as wilderness by Congress; or (E) that is within the Arctic National Wildlife Refuge. (d) Limitation No Federal land may be identified for selection or made available for allotment within a unit of the National Wildlife Refuge System unless it has been authorized by an Act of Congress subsequent to March 12, 2019 ( Pub. L. 1169, title I,  1119 Mar. 12, 2019 133 Stat. 630  Editorial Notes  References in Text Act of May 17, 1906 December 17, 1971 act May 17, 1906, ch. 2469 34 Stat. 197 Pub. L. 92203,  18(a) Dec. 18, 1971 85 Stat. 710 Codification Section was enacted as part of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and not as part of the Alaska Native Claims Settlement Act 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. 1169 section 1 of Title 16  1629h. Kake Tribal Corporation land transfer (a) In general If (1) the State of Alaska relinquishes its selection rights under the Alaska Statehood Act ( Public Law 85508 (2) Kake Tribal Corporation and Sealaska Corporation convey all right, title, and interest to lands described in subsection (c)(1) to the City of Kake, Alaska, then the Secretary of Agriculture (hereinafter referred to as Secretary) shall, not later than 180 days thereafter, convey to Kake Tribal Corporation title to the surface estate in the land identified in subsection (c)(2) of this section, and convey to Sealaska Corporation title to the subsurface estate in such land. (b) Effect on selection totals (1) Of the lands to which the State of Alaska relinquishes selection rights and which are conveyed to the City of Kake pursuant to subsection (a), 694.5 acres shall be charged against lands to be selected by the State of Alaska under section 6(a) of the Alaska Statehood Act and 694.5 acres against lands to be selected by the State of Alaska under section 6(b) of the Alaska Statehood Act. (2) The land conveyed to Kake Tribal Corporation and to Sealaska Corporation under this section is, for all purposes, considered to be land conveyed under this chapter. However, the conveyance of such land to Kake Tribal Corporation shall not count against or otherwise affect the Corporations remaining entitlement under section 1615(b) of this title (c) Lands subject to exchange (1) The lands to be transferred to the City of Kake under subsection (a) are the surface and subsurface estate to approximately 1,430 acres of land owned by Kake Tribal Corporation and Sealaska Corporation, and depicted as KTC Land to City of Kake on the map entitled Kake Land Exchange-2000, dated May 2000. (2) The lands subject to relinquishment by the State of Alaska and to conveyance to Kake Tribal Corporation and Sealaska Corporation under subsection (a) are the surface and subsurface estate to approximately 1,389 acres of Federal lands depicted as Jenny Creek-Land Selected by the State of Alaska to KTC on the map entitled Kake Land Exchange-2000, dated May 2000. (3) In addition to the transfers authorized under subsection (a), the Secretary may acquire from Sealaska Corporation the subsurface estate to approximately 1,127 acres of land depicted as KTC Land-Conservation Easement to SEAL Trust on the map entitled Kake Land Exchange-2000, dated May 2000, through a land exchange for the subsurface estate to approximately 1,168 acres of Federal land in southeast Alaska that is under the administrative jurisdiction of the Secretary. Any exchange under this paragraph shall be subject to the mutual consent of the United States Forest Service and Sealaska Corporation. (d) Withdrawal Subject to valid existing rights, the lands described in subsection (c)(2) are withdrawn from all forms of location, entry, and selection under the mining and public land laws of the United States and from leasing under the mineral and geothermal leasing laws. This withdrawal expires 18 months after the effective date of this section. (e) Maps The maps referred to in this chapter shall be maintained on file in the Office of the Chief, United States Forest Service, the Office of the Secretary of the Interior, and the Office of the Petersburg Ranger District, Alaska. (f) Watershed management The United States Forest Service may cooperate with Kake Tribal Corporation and the City of Kake in developing a watershed management plan that provides for the protection of the watershed in the public interest. Grants may be made, and contracts and cooperative agreements may be entered into, to the extent necessary to assist the City of Kake and Kake Tribal Corporation in the preparation and implementation of a watershed management plan for the land within the City of Kakes municipal watershed. (g) Effective date This section is effective upon the execution of one or more conservation easements that, subject to valid existing rights of third parties (1) encumber all lands depicted as KTC Land to City of Kake and KTC Land-Conservation Easement to SEAL Trust on a map entitled Kake Land Exchange-2000 dated May 2000; (2) provide for the relinquishment by Kake Tribal Corporation of the Corporations development rights on lands described in paragraph (1); and (3) provide for perpetual protection and management of lands depicted as KTC Land to City of Kake and KTC Land-Conservation Easement to SEAL Trust on the map described in paragraph (1) as (A) a watershed; (B) a municipal drinking water source in accordance with the laws of the State of Alaska; (C) a source of fresh water for the Gunnuk Creek Hatchery; and (D) habitat for black bear, deer, birds, and other wildlife. (h) Authorization of appropriations There are authorized such sums as may be necessary to carry out this chapter, including to compensate Kake Tribal Corporation for relinquishing its development rights pursuant to subsection (g)(2). No funds authorized under this section may be paid to Kake Tribal Corporation unless Kake Tribal Corporation is a party to the conservation easements described in subsection (g). ( Pub. L. 92203,  42 Pub. L. 106283,  3 Oct. 6, 2000 114 Stat. 867 Pub. L. 1169, title I,  1105 Mar. 12, 2019 133 Stat. 607  Editorial Notes  References in Text The Alaska Statehood Act, referred to in subsecs. (a)(1) and (b)(1), is Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 Amendments 2019Subsecs. (h), (i). Pub. L. 1169 Statutory Notes and Related Subsidiaries Declaration of Purpose Pub. L. 106283,  2 Oct. 6, 2000 114 Stat. 867 The purpose of this Act [see Short Title of 2000 Amendment note set out under section 1601 of this title CHAPTER 33A IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND ALASKA STATEHOOD    Sec.  1631. Ownership of submerged lands.  1632. Statute of limitations on decisions of Secretary and reconveyance of land by Village Corporation.  1633. Administrative provisions.  1634. Alaska Native allotments.  1635. State selections and conveyances.  1636. Alaska land bank.  1637. Use of protraction diagrams.  1638. National Environmental Policy Act.  1639. Construction with Alaska Native Claims Settlement Act.  1640. Relinquishment of selections partly within conservation units.  1641. Conveyances to Village Corporations.  1642. Land conveyances.  1631. Ownership of submerged lands (a) Meandering in the surveying of submerged land (1) Except as provided in paragraph (2), whenever the Secretary surveys land selected by a Native, a Native Corporation, or the State pursuant to the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 (2) If title to lands beneath navigable waters of a lake less than fifty acres in size or a river or stream less than three chains in width did not vest in the State pursuant to the Submerged Lands Act [ 43 U.S.C. 1301 (3) The Secretary is not required to determine the navigability of a lake, river, or stream which because of its size or width is required to be meandered or to compute the acreage of the land beneath such lake, river, or stream or to describe such land in any conveyance document. (4) Nothing in this subsection shall be construed to require ground survey or monumentation of meanderlines. (b) Ownership of riparian lands; ratification of memorandum of agreement (1) Whenever, either before or after August 16, 1988 43 U.S.C. 1601 (2) The specific terms, conditions, procedures, covenants, reservations, and other restrictions set forth in the document entitled, Memorandum of Agreement between the United States Department of the Interior and the State of Alaska dated March 28, 1984 (c) Interim conveyances and patents; navigability of streams; award of costs and attorneys fees (1) The execution of an interim conveyance or patent, as appropriate, by the Bureau of Land Management which conveys an area of land selected by a Native or Native Corporation which includes, surrounds, or abuts a lake, river, or stream, or any portion thereof, shall be the final agency action with respect to a decision of the Secretary of the Interior that such lake, river, or stream, is or is not navigable, unless such decision was validly appealed to an agency or board of the Department of the Interior on or before December 2, 1980 (2) No agency or board of the Department of the Interior other than the Bureau of Land Management shall have authority to determine the navigability of a lake, river, or stream within an area selected by a Native or Native Corporation pursuant to the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 December 2, 1980 (3) If title to land conveyed to a Native Corporation pursuant to the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 (d) Definitions For the purposes of this section, the terms navigable and navigability means navigable for the purpose of determining title to lands beneath navigable waters, as between the United States and the several States pursuant to the Submerged Lands Act [ 43 U.S.C. 1301 ( Pub. L. 96487, title IX,  901 Dec. 2, 1980 94 Stat. 2430 Pub. L. 99258 Mar. 19, 1986 100 Stat. 42 Pub. L. 99644 Nov. 10, 1986 100 Stat. 3581 Pub. L. 100395, title I,  101 Aug. 16, 1988 102 Stat. 979  Editorial Notes  References in Text The Alaska Native Claims Settlement Act, referred to in subsecs. (a)(1), (b)(1), and (c)(2), (3), is Pub. L. 92203 Dec. 18, 1971 85 Stat. 688 section 1601 of this title This Act, referred to in subsecs. (a)(1), (b)(1), and (c)(2), (3), is Pub. L. 96487 Dec. 2, 1980 94 Stat. 2371 section 3101 of Title 16 The Alaska Statehood Act, referred to in subsecs. (a)(1), (b)(1), and (d), is Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 The Submerged Lands Act, referred to in subsecs. (a)(2) and (d), is act May 22, 1953, ch. 65 67 Stat. 29 section 1301 of this title Codification August 16, 1988 Pub. L. 100395 Amendments 1988 Pub. L. 100395 1986Subsec. (a). Pub. L. 99644 December 2, 1980 December 2, 1980 Pub. L. 99258 Statutory Notes and Related Subsidiaries  Change of Name Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993 Construction Pub. L. 100395, title I,  102 Aug. 16, 1988 102 Stat. 980 Nothing in this Act [amending this section and section 3192 of Title 16 January 2, 1976 89 Stat. 1151 94 Stat. 2409 Public Law 96487 Report to Congress Pub. L. 100395, title I,  103 Aug. 16, 1988 102 Stat. 980 section 101 of Pub. L. 100395 16 U.S.C. 3102(4) Aug. 16, 1988  Definitions For definition of the terms land, Federal land, public lands, conservation system unit, Alaska Native Claims Settlement Act, Native Corporation, Regional Corporation, Village Corporation, Urban Corporation, Native Group, Native land, Secretary, wilderness and National Wilderness Preservation System, Alaska Statehood Act, State, Alaska Native or Native, fish and wildlife, and take or taking as used in this chapter, including sections 1639 to 1641 of this title, as having the same meaning as they have in the Alaska Native Claims Settlement Act, section 1601 et seq. of this title, and the Alaska Statehood Act, Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 section 3102 of Title 16  1632. Statute of limitations on decisions of Secretary and reconveyance of land by Village Corporation (a) Except for administrative determinations of navigability for purposes of determining ownership of submerged lands under the Submerged Lands Act [ 43 U.S.C. 1301 43 U.S.C. 1601 December 2, 1980 Provided (b) Decisions made by a Village Corporation to reconvey land under section 14(c) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1613(c) ( Pub. L. 96487, title IX,  902 Dec. 2, 1980 94 Stat. 2433  Editorial Notes  References in Text The Submerged Lands Act, referred to in subsec. (a), is Act May 22, 1953, ch. 65 67 Stat. 29 section 1301 of this title This chapter, referred to in subsec. (a), was in the original this title, meaning title IX of Pub. L. 96487 Dec. 2, 1980 94 Stat. 2430 section 1611 of this title section 21 of Title 48 The Alaska Native Claims Settlement Act, referred to in subsec. (a), is Pub. L. 92203 Dec. 18, 1971 85 Stat. 688 section 1601 of this title  1633. Administrative provisions (a) Limitations concerning easements With respect to lands conveyed to Native Corporations or Native Groups the Secretary shall reserve only those easements which are described in section 17(b)(1) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1616(b)(1) (1) all easements should be designed so as to minimize their impact on Native life styles, and on subsistence uses; and (2) each easement should be specifically located and described and should include only such areas as are necessary for the purpose or purposes for which the easement is reserved. (b) Acquisition of future easements Whenever, after a conveyance has been made by this Act or under the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 43 U.S.C. 1621(f) (c) Status of certain lease offers Offers for noncompetitive oil and gas leases under the Mineral Leasing Act of 1920 [ 30 U.S.C. 181 December 18, 1971 December 2, 1980 43 U.S.C. 1613(h)(5) 43 U.S.C. 1601 43 U.S.C. 1613(g) (d) Limitation This Act is not intended to modify, repeal, or otherwise affect any provision of the Act of January 2, 1976 89 Stat. 1145 43 U.S.C. 1621(k) ( Pub. L. 96487, title IX,  903 Dec. 2, 1980 94 Stat. 2433  Editorial Notes  References in Text This Act, referred to in subsecs. (b) to (d), is Pub. L. 96487 Dec. 2, 1980 94 Stat. 2371 section 3101 of Title 16 The Alaska Native Claims Settlement Act, referred to in subsecs. (b) and (c), is Pub. L. 92203 Dec. 18, 1971 85 Stat. 688 section 1601 of this title The Mineral Leasing Act of 1920, referred to in subsec. (c), is act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of Title 30 Act of January 2, 1976 89 Stat. 1145 Pub. L. 94204 Jan. 2, 1976 89 Stat. 1145 Pub. L. 94456 Oct. 4, 1976 90 Stat. 1934 section 1615 of this title section 1611 of this title Pub. L. 95178 Nov. 15, 1977 91 Stat. 1369 section 1611 of this title section 1611 of this title  1634. Alaska Native allotments (a) Approval of applications for certain lands; lands containing coal, oil, or gas; nonmineral lands; lands within National Park System; protests; voluntary relinquishment of application (1) (A) Subject to valid existing rights, all Alaska Native allotment applications made pursuant to the Act of May 17, 1906 34 Stat. 197 December 18, 1971 December 13, 1968 December 2, 1980 (B) The land referred to in subparagraph (A) with respect to Fort Davis (i) shall be restricted to (I) the allotment applications named in the decision published at 96 IBLA 42 (1987) and to the acreage involved in those applications; or (II) the heirs of an applicant who made an application described in subclause (I); and (ii) shall be subject to valid existing rights and an easement for the Iditarod National Historic Trail established by section 1244(a)(7) of title 16 (2) All applications approved pursuant to this section shall be subject to the provisions of the Act of March 8, 1922 43 U.S.C. 27011 43 U.S.C. 27011 1 1 (3) When on or before the one hundred and eightieth day following December 2, 1980 May 17, 1906 Provided (4) Where an allotment application describes land within the boundaries of a unit of the National Park System established on or before December 2, 1980 43 U.S.C. 1610(a)(1) December 18, 1971 43 U.S.C. 1610(a)(1)(A) 43 U.S.C. 1610(a)(2) 43 U.S.C. 1610(b) May 17, 1906 43 U.S.C. 1601 (5) Paragraph (1) of this subsection and subsection (d) shall not apply and the Native allotment application shall be adjudicated pursuant to the requirements of the Act of May 17, 1906 December 2, 1980 (A) A Native Corporation files a protest with the Secretary stating that the applicant is not entitled to the land described in the allotment application, and said land is withdrawn for selection by the Corporation pursuant to the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 (B) The State of Alaska files a protest with the Secretary stating that the land described in the allotment application is necessary for access to lands owned by the United States, the State of Alaska, or a political subdivision of the State of Alaska, to resources located thereon, or to a public body of water regularly employed for transportation purposes, and the protest states with specificity the facts upon which the conclusions concerning access are based and that no reasonable alternatives for access exist; or (C) A person or entity files a protest with the Secretary stating that the applicant is not entitled to the land described in the allotment application and that said land is the situs of improvements claimed by the person or entity. (6) Paragraph (1) of this subsection and subsection (d) shall not apply to any application pending before the Department of the Interior on or before December 18, 1971 (7) Paragraph (1) of this subsection and subsection (d) shall apply, and paragraph (5) of this subsection shall cease to apply, to an application (A) that is open and pending on October 31, 1998 (B) if the lands described in the application are in Federal ownership other than as a result of reacquisition by the United States after January 3, 1959 (C) if any protest which is filed by the State of Alaska pursuant to paragraph (5)(B) with respect to the application is withdrawn or dismissed either before, on, or after October 31, 1998 (8) (A) Any allotment application which is open and pending and which is legislatively approved by enactment of paragraph (7) shall, when allotted, be made subject to any easement, trail, or right-of-way in existence on the date of the Native allotment applicants commencement of use and occupancy. (B) The jurisdiction of the Secretary is extended to make any factual determinations required to carry out this paragraph. (b) Conflicting land descriptions in applications; adjustments; reductions Where a conflict between two or more allotment applications exists due to overlapping land descriptions, the Secretary shall adjust the descriptions to eliminate conflicts, and in so doing, consistent with other existing rights, if any, may expand or alter the applied-for allotment boundaries or increase or decrease acreage in one or more of the allotment applications to achieve an adjustment which, to the extent practicable, is consistent with prior use of the allotted land and is beneficial to the affected parties: Provided Provided further Provided further (c) Amendment of land description in application; notification; protest; adoption of final plan of survey An allotment applicant may amend the land description contained in his or her application if said description designates land other than that which the applicant intended to claim at the time of application and if the description as amended describes the land originally intended to be claimed. If the allotment application is amended, this section shall operate to approve the application or to require its adjudication, as the case may be, with reference to the amended land description only: Provided December 2, 1980 December 2, 1980 Provided further Provided further (d) Powersites and power projects Where the land described in an allotment application pending before the Department of the Interior on or before December 18, 1971 May 17, 1906 Provided, however June 10, 1920 41 Stat. 24 16 U.S.C. 791a May 17, 1906 Provided further 16 U.S.C. 818 Provided further December 2, 1980 16 U.S.C. 791a 16 U.S.C. 791a (e) Validity of existing rights; rights acquired by actual use and national forest lands unaffected Prior to issuing a certificate for an allotment subject to this section, the Secretary shall identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 May 17, 1906 (f) Reinstatement (1) (A) Notwithstanding paragraphs (1) and (6) of subsection (a), and subject to subparagraph (B), each Alaska Native allotment application made pursuant to the Act entitled An Act authorizing the Secretary of the Interior to allot homesteads to the natives of Alaska, approved May 17, 1906 34 Stat. 197 (i) was pending before the Department of the Interior on or before December 18, 1971 (ii) describes lands within the National Petroleum Reserve-Alaska that have been selected, interim conveyed, or patented to a Village Corporation or Regional Corporation, is reinstated only for the purpose of this section, subject to this section. (B) The reinstatement under subparagraph (A) shall be carried out regardless of whether the application was (i) relinquished by the applicant; or (ii) denied by the Department of the Interior, if the denial was based solely on the grounds that land within the National Petroleum Reserve-Alaska was unavailable. (2) (A) To the extent that the application describes lands (or any interest in the lands) that have been selected, interim conveyed, or patented to a Village Corporation or Regional Corporation, the Secretary is authorized to accept from the Village Corporation or Regional Corporation the reconveyance or relinquishment of the lands (or any interest in the lands). (B) (i) To the extent that the application describes lands (or any interest in the lands) that a Village Corporation is not willing to reconvey or relinquish pursuant to subparagraph (A), the applicant may relinquish any claim to any portion of the lands (or any interest in the lands) or may, with the consent of the affected Village Corporation, amend the application to exclude the lands and include in lieu thereof a description of lands selected by, interim conveyed to, or patented to the Village Corporation of an acreage that is not to exceed the amount of land relinquished. (ii) The Secretary is authorized to accept the reconveyance or relinquishment of the lands (or any interest in the lands) described in the amended application from the Village Corporation or Regional Corporation in lieu of the lands (or any interest in the lands) described in the initial application. (C) If a Village Corporation or Regional Corporation reconveys lands (or any interest in the lands) to the United States under subparagraph (A) or (B), the Secretary shall reduce the acreage charged against the entitlement of the Village Corporation or Regional Corporation. (D) The authority of the Secretary to accept the reconveyance or relinquishment of lands (or any interest in the lands) under this paragraph shall terminate on the date that is 6 years after October 14, 1992 (3) (A) Subject to any valid existing rights, to the extent that the application describes lands that are authorized to be reconveyed or relinquished to the United States under paragraph (2), the Village Corporation shall file with the Secretary, not later than 3 years after October 14, 1992 (B) Upon receipt of the land description, the Secretary shall immediately notify the State of Alaska and all interested parties of the land description proposed to be reconveyed or relinquished, and any such party shall have 60 days following notification in which to file with the Department of the Interior a protest as provided in subsection (a)(5). (C) The Secretary shall then either (i) if no protest is filed, approve the application; or (ii) if a protest is filed, adjudicate the legal sufficiency of any protest timely filed; and (I) if the protest is legally insufficient, approve the application; or (II) if the protest is valid, issue a decision that closes the application and that is final for the Department. (D) The Secretary shall, with respect to each allotment approved pursuant to this subsection (i) survey the allotment; and (ii) following reconveyance or relinquishment, issue a Native allotment certificate to the applicant or heirs of the applicant. (4) (A) To the extent a Village Corporation or a Regional Corporation reconveys lands (or any interest in the lands) to the United States pursuant to paragraph (2) and the conveyance results in a reduction in the acreage charged against the entitlement of the Village Corporation or Regional Corporation under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 (B) (i) The quantity of acreage of the surface estate reconveyed pursuant to paragraph (2) shall be added to the quantity of acreage of underselection, if any, for the Village Corporation. The Secretary shall provide for the selection of lands for replacement in accordance with the procedures for withdrawals and selections under section 22(j)(2) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1621(j)(2) (ii) (I) A Village Corporation described in clause (i) shall be entitled to select lands for replacement from the lands that have been withdrawn for selection by the Village Corporation pursuant to section 11(a)(1) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1610(a)(1) (II) In any case in which the lands described in subclause (I) are no longer in Federal ownership and the Village Corporation is entitled to make a selection pursuant to this subparagraph, the Secretary shall withdraw, and the Village Corporation shall select, Federal lands that are compact and contiguous with lands previously conveyed to the Village Corporation. (C) Lands (or any interests in the lands) in the replacement of lands (or interests in the lands) reconveyed by the Regional Corporation to the United States under this subsection shall be selected by the Regional Corporation from lands that are (i) compact and contiguous with other lands previously conveyed to the Regional Corporation within the National Petroleum Reserve-Alaska; and (ii) beneath the surface estate of lands selected and conveyed to a Village Corporation. (D) The Secretary shall convey the lands selected pursuant to this paragraph in accordance with this subsection. (5) (A) Each Native allotment certificate issued to an applicant or the heirs of the applicant pursuant to paragraph (3) shall be subject to any existing easement or other right that had been reserved, conveyed, transferred, or recognized by the United States prior to the issuance of the certificate. (B) Each conveyance by the Secretary to any applicant or to the heirs of the applicant under this subsection shall reserve to the United States (i) except as provided in subparagraph (C), all interests in oil, gas, and coal in the conveyed lands, and the right of the United States, or a lessee or assignee of the United States, to enter on lands conveyed to the applicant or to the heirs of the applicant, to drill, explore, mine, produce, and remove the oil, gas, or coal; and (ii) all other rights reasonably incident to the mineral reservations described in clause (i). (C) (i) If the oil, gas, or coal described in subparagraph (B)(i) was previously conveyed to the Regional Corporation and the Regional Corporation reserves those interests in a reconveyance to the United States, the Secretary shall reserve from the reconveyance to the applicant or to the heirs of the applicant for the benefit of the Regional Corporation the same rights and privileges that would have been reserved for the United States. (ii) With respect to a reconveyance of lands (or any interest in the lands) by the Regional Corporation to the United States that does not convey the entire mineral estate, the Regional Corporation shall not be entitled (I) to a reduction of the acreage charged against the entitlement under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 (II) to select mineral interests to replace the acreage. (6) The United States shall not be subject to liability for the presence of any hazardous substance in land or an interest in land solely as a result of any reconveyance to and transfer by the United States of the land or interest pursuant to this subsection. ( Pub. L. 96487, title IX,  905 Dec. 2, 1980 94 Stat. 2435 Pub. L. 102415 Oct. 14, 1992 106 Stat. 2112 Pub. L. 105333,  9 Oct. 31, 1998 112 Stat. 3134  Editorial Notes  References in Text Act of March 8, 1922 43 U.S.C. 27011 act Mar. 8, 1922, ch. 96 42 Stat. 415 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Act of May 17, 1906 act May 17, 1906, ch. 2469 34 Stat. 197 Pub. L. 92203,  18(a) Dec. 18, 1971 85 Stat. 710 The Alaska Statehood Act, referred to in subsecs. (a)(4) and (e), is Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 The Alaska Native Claims Settlement Act, referred to in subsecs. (a)(4), (5)(A), (e), and (f)(4)(A), (5)(C)(ii)(I), is Pub. L. 92203 Dec. 18, 1971 85 Stat. 688 section 1601 of this title That Act, as amended, referred to in subsec. (d), is the Federal Power Act, act June 10, 1920, ch. 285 41 Stat. 1063 June 10, 1920 section 791a of Title 16 Codification In subsecs. (a)(1), (3)(5), (c), and (d),  December 2, 1980 Pub. L. 96487 Amendments 1998Subsec. (a)(7), (8). Pub. L. 105333 1992Subsec. (a)(1). Pub. L. 102415,  2 Subsec. (f). Pub. L. 102415,  12  1635. State selections and conveyances (a) Omitted (b) School lands settlement (1) In full and final settlement of any and all claims by the State of Alaska arising under the Act of March 4, 1915 38 Stat. 1214 January 4, 1994 January 3, 1959 (2) Except as provided herein, such selections shall be made in conformance with the provisions for selections under section 6(b) of the Alaska Statehood Act. Selections made under this subsection shall be in units of whole sections as shown on the official survey plats of the Bureau of Land Management, including protraction diagrams, unless part of the section is unavailable or the land is otherwise surveyed, or unless the Secretary waives the whole section requirement. (3) Lands selected and conveyed to the State under this subsection shall be subject to the provisions of subsections (j) and (k) of section 6 of the Alaska Statehood Act. (c) Prior tentative approvals (1) All tentative approvals of State of Alaska land selections pursuant to the Alaska Statehood Act are hereby confirmed, subject only to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 December 2, 1980 43 U.S.C. 1610(a)(2) (2) Upon approval of a land survey by the Secretary, such lands shall be patented to the State of Alaska. (3) If the State elects to receive patent to any of the lands which are the subject of this subsection on the basis of protraction surveys in lieu of field surveys, the Secretary shall issue patent to the State on that basis within six months after notice of such election. For townships having such adverse claims of record, patent on the basis of protraction surveys shall be issued as soon as practicable after such election. (4) Future tentative approvals of State land selections, when issued, shall have the same force and effect as those existing tentative approvals which are confirmed by this subsection and shall be processed for patent by the same administrative procedures as specified in paragraphs (2) and (3) of this subsection. (d) Prior State selections (1) In furtherance of the States entitlement to lands under section 6(b) of the Alaska Statehood Act, the United States hereby conveys to the State of Alaska, subject only to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 l July 24, 1978 October 19, 1979 (2) In furtherance of the States entitlement to lands under section 6(a) of the Alaska Statehood Act, the United States hereby conveys to the State of Alaska, subject only to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 July 1, 1979 (3) As soon as practicable after December 2, 1980 (4) Upon approval of a land survey by the Secretary, such lands shall be patented to the State of Alaska. (5) If the State elects to receive patent to any of the lands which are the subject of this subsection on the basis of protraction surveys in lieu of field surveys, the Secretary shall issue patent to the State on that basis within six months after notice of such election for townships having no adverse claims on the public land records. For townships having such adverse claims of record, patent on the basis of protraction surveys shall be issued as soon as practicable after such election. (6) Future valid State land selections shall be subject only to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 (e) Future top filings Subject to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 (f) Right to overselect (1) The State of Alaska may select lands exceeding by not more than 25 per centum in total area the amount of State entitlement which has not been patented or tentatively approved under each grant or confirmation of lands to the State contained in the Alaska Statehood Act or other law. If its selections under a particular grant exceed such remaining entitlement, the State shall thereupon list all selections for that grant which have not been tentatively approved in desired priority order of conveyance, in blocks no larger than one township in size; except that the State may alter such priorities prior to receipt of tentative approval. Upon receipt by the State of subsequent tentative approvals, such excess selections shall be reduced by the Secretary pro rata by rejecting the lowest prioritized selection blocks necessary to maintain a maximum excess selection of 25 per centum of the entitlement which has not yet been tentatively approved or patented to the State under each grant. (2) The State of Alaska may, by written notification to the Secretary, relinquish any selections of land filed under the Alaska Statehood Act or subsection (b) of this section prior to receipt by the State of tentative approval, except that lands conveyed pursuant to subsection (g) of this section may not be relinquished pursuant to this paragraph. (3) Omitted (g) Conveyance of specified lands In furtherance of the States entitlement to lands under section 6(b) of the Alaska Statehood Act, the United States hereby conveys to the State of Alaska all right, title, and interest of the United States in and to all vacant, unappropriated, and unreserved lands, including lands subject to subsection (e) of this section but which lie within those townships outside the boundaries of conservation system units, National Conservation Areas, National Recreation Areas, new national forests and forest additions, established, designated, or expanded by this Act, which are specified in the list entitled State Selection Lands May 15, 1978 July 24, 1978 December 2, 1980 (h) Limitation of conveyances of specified lands tentative approvals; surveys (1) Lands identified in subsection (g) are conveyed to the State subject to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 December 2, 1980 l (2) (A) As soon as practicable after December 2, 1980 (B) (i) The sequence of issuance of such tentative approvals shall be on the basis of priorities determined by the State. (ii) In establishing the priorities for tentative approval under clause (i), the State shall (I) in the case of a selection under section 6(a) of Public Law 85508 72 Stat. 340 (II) in the case of a selection under section 6(b) of that Act (aa) include at least 5,760 acres; or (bb) if a waiver has been granted under section 6(g) of that Act or less than 5,760 acres of the entitlement remains, prioritize the selection in such increments as are available for conveyance. (3) Upon approval of a land survey by the Secretary, those lands identified in subsection (g) shall be patented to the State of Alaska. (4) If the State elects to receive patent to any of the lands which are identified in subsection (g) on the basis of protraction surveys in lieu of field surveys, the Secretary shall issue patent to the State on that basis within six months after notice of such election for townships having no adverse claims on the public land records. For townships having such adverse claims of record, patent on the basis of protraction surveys shall be issued as soon as practicable after such election. (i) Adjudication Nothing contained in this section shall relieve the Secretary of the duty to adjudicate conflicting claims regarding the lands specified in subsection (g) of this section, or otherwise selected under authority of the Alaska Statehood Act, subsection (b) of this section, or other law, prior to the issuance of tentative approval. (j) Clarification of land status outside units As to lands outside the boundaries of a conservation system unit, National Recreation Areas, National Conservation Areas, new national forests and forest additions, the following withdrawals, classifications, or designations shall not, of themselves, remove the lands involved from the status of vacant, unappropriated, and unreserved lands for the purposes of subsection (d) or (g) of this section and future State selections pursuant to the Alaska Statehood Act or subsection (b) of this section: (1) withdrawals for classification pursuant to section 17(d)(1) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1616(d)(1) September 2, 1972 1 1 (2) withdrawals pursuant to section 11 of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1610 43 U.S.C. 1611 (3) classifications pursuant to the Classification and Multiple Use Act ( 78 Stat. 987 (4) classifications or designations pursuant to the National Forest Management Act ( 90 Stat. 2949 (5) classifications, withdrawals exceeding 5,000 acres (except withdrawals exceeding 5,000 acres which the Congress, by concurrent resolution, approves within 180 days of the withdrawal or December 2, 1980 90 Stat. 2743 43 U.S.C. 1701 (k) Interim provisions Notwithstanding any other provision of law, on lands selected by, or granted or conveyed to, the State of Alaska under section 6 of the Alaska Statehood Act or this Act, but not yet tentatively approved to the State: (1) The Secretary is authorized to make contracts and grant leases, licenses, permits, rights-of-way, or easements, and any tentative approval or patent shall be subject to such contract, lease, license, permit, right-of-way, or easement; except that (A) the authority granted the Secretary by this subsection is that authority the Secretary otherwise would have had under existing laws and regulations had the lands not been selected by the State, and (B) the State has concurred prior to such action by the Secretary. (2) On and after December 2, 1980 (3) Nothing in this subsection shall relieve the State or the United States of any obligations under section 9 of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1608 (l) Existing rights (1) All conveyances to the State under section 6 of the Alaska Statehood Act, this Act, or any other law, shall be subject to valid existing rights, to Native selection rights under the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 (2) Where, prior to a conveyance to the State, a right-of-way or easement has been reserved for or appropriated by the United States or a contract, lease, permit, right-of-way, or easement has been issued for the lands, the conveyance shall contain provisions making it subject to the right-of-way or easement reserved or appropriated and to the contract, lease, license, permit, right-of-way, or easement issued or granted, and also subject to the right of the United States, contractee, lessee, licensee, permittee, or grantee to the complete enjoyment of all rights, privileges, and benefits previously granted, issued, reserved, or appropriated. Upon issuance of tentative approval, the State shall succeed and become entitled to any and all interests of the United States as contractor, lessor, licensor, permittor, 2 2 (3) The administration of rights-of-way or easements reserved to the United States in the tentative approval shall be in the United States, including the right to grant an interest in such right-of-way or easement in whole or in part. (4) Where the lands tentatively approved do not include all of the land involved with any contract, lease, license, permit, right-of-way, or easement issued or granted, the administration of such contract, lease, license, permit, right-of-way, or easement shall remain in the United States unless the agency responsible for administration waives such administration. (5) Nothing in this subsection shall relieve the State or the United States of any obligations under section 9 of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1608 (m) Extinguishment of certain time extensions Any extensions of time periods granted to the State pursuant to section 17(d)(2)(E) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1616(d)(2)(E) (n) Effect on third-party rights (1) Nothing in this section shall alter the rights or obligations of any party with regard to section 12 of the Act of January 2, 1976 Public Law 94204 October 4, 1976 Public Law 94456 section 3 of the Act of November 15, 1977 Public Law 94178 (2) Any conveyance of land to or confirmation of prior selections of the State made by this Act or selections allowed under this Act shall be subject to the rights of Cook Inlet Region, Incorporated, to nominate lands outside of its region with such nominations to be superior to any selection made by the State after July 18, 1975 section 12(b) of the Act of January 2, 1976 Public Law 94204 (3) Nothing in this chapter shall prejudice a claim of validity or invalidity regarding any third-party interest created by the State of Alaska prior to December 18, 1971 (4) Nothing in this Act shall affect any right of the United States or Alaska Natives to seek and receive damages against any party for trespass against, or other interference with, aboriginal interests if any, occurring prior to December 18, 1971 (o) Status of lands within units (1) Notwithstanding any other provision of law, subject to valid existing rights any land withdrawn pursuant to section 17(d)(1) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1616(d)(1) December 2, 1980 December 2, 1980 December 2, 1980 43 U.S.C. 1601 Provided October 19, 1979 Provided further (2) Until conveyed, all Federal lands within the boundaries of a conservation system unit, National Recreation Area, National Conservation Area, new national forest or forest addition, shall be administered in accordance with the laws applicable to such unit. (p) PYK line The second proviso of section 6(b) of the Alaska Statehood Act regarding Presidential approval of land selection north and west of the line described in section 10 of such Act shall not apply to any conveyance of land to the State pursuant to subsections (c), (d), and (g) of this section but shall apply to future State selections. ( Pub. L. 96487, title IX,  906 Dec. 2, 1980 94 Stat. 2437 Pub. L. 108452, title I,  102 Dec. 10, 2004 118 Stat. 3577  Editorial Notes  References in Text Act of March 4, 1915 act Mar. 4, 1915, ch. 181,  1 38 Stat. 1214 section 353 of Title 48 Pub. L. 85508,  6(k) July 7, 1958 72 Stat. 343 section 21 of Title 48 The Alaska Statehood Act, referred to in text, is Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 The Alaska Native Claims Settlement Act, referred to in subsecs. (c)(1), (d)(1), (2), (6), (e), (h)(1), ( l o Pub. L. 92203 Dec. 18, 1971 85 Stat. 688 section 1601 of this title This Act, referred to in subsecs. (d)(1), (g), (k), ( l Pub. L. 96487 Dec. 2, 1980 94 Stat. 2371 section 3101 of Title 16 The Classification and Multiple Use Act, referred to in subsec. (j)(3), probably means Pub. L. 88607 Sept. 19, 1964 78 Stat. 986 The National Forest Management Act, as amended, referred to in subsec. (j)(4), probably means the National Forest Management Act of 1976, Pub. L. 94588 Oct. 22, 1976 90 Stat. 2949 section 1600 of Title 16 The Federal Land Policy and Management Act, referred to in subsec. (j)(5), probably means the Federal Land Policy and Management Act of 1976, Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 1701 of this title Section 12 of the Act January 2, 1976 Public Law 94204 section 12 of Pub. L. 94204 Jan. 2, 1976 89 Stat. 1150 section 1611 of this title Sections 4 and 5 of the Act of October 4, 1976 Public Law 94456 Pub. L. 94456 Oct. 4, 1976 90 Stat. 1935 section 1611 of this title Section 3 of the Act of November 15, 1977 Public Law 94178 section 3 of Pub. L. 95178 Nov. 15, 1977 91 Stat. 1369 section 1611 of this title section 1611 of this title This chapter, referred to in subsec. (n)(3), was in the original this title, meaning title IX of Pub. L. 96487 Dec. 2, 1980 94 Stat. 2430 section 1611 of this title section 21 of Title 48 Section 10 of the Alaska Statehood Act, referred to in subsec. (p), is section 10 of Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 Codification Section is comprised of section 906 of Pub. L. 96487 section 906 of Pub. L. 96487 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 In subsec. (j)(5),  December 2, 1980 Pub. L. 96487 Amendments 2004Subsec. (h)(2). Pub. L. 108452 Statutory Notes and Related Subsidiaries Selection of Certain Reversionary Interests Held by the United States Pub. L. 108452, title I,  103 Dec. 10, 2004 118 Stat. 3577  (a)  In General All reversionary interests held by the United States in land owned by the State [of Alaska] or any political subdivision of the State and any Federal land leased by the State under the Act of August 23, 1950 25 U.S.C. 293b June 4, 1953 25 U.S.C. 293a 43 U.S.C. 1635(h)(2) (1) are deemed to be selected; and (2) may, with the concurrence of the Secretary [of the Interior] or the head of the Federal agency with administrative jurisdiction over the land, be conveyed under section 6 of Public Law 85508 72 Stat. 340 section 21 of Title 48 (b)  Effect on Entitlement If, before the date of enactment of this Act [ Dec. 10, 2004 (c)  Minimum Acreage Requirement Not Applicable The minimum acreage requirement under subsections (a) and (b) of section 6 of Public Law 85508 72 Stat. 340 (d)  State Waiver On conveyance to the State of any reversionary interest selected under subsection (a), the State shall be deemed to have waived all right to any future credit should the reversion not occur. (e)  Limitation This section shall not apply to (1) reversionary interests in land acquired by the United States through the use of amounts from the Exxon Valdez Oil Spill Trust Fund; or (2) reversionary interests in any land conveyed to the State as a result of the Terms and Conditions for Land Consolidation and Management in Cook Inlet Area as ratified by section 12 of Public Law 94204 43 U.S.C. 1611 Settlement of Remaining Entitlement Pub. L. 108452, title I,  106 Dec. 10, 2004 118 Stat. 3579  (a)  In General The Secretary [of the Interior] may enter into a binding written agreement with the State [of Alaska] with respect to (1) the exact number and location of acres of land remaining to be conveyed under each entitlement established or confirmed by Public Law 85508 72 Stat. 340 section 21 of Title 48 (A) the land selected by the State as of January 3, 1994 (B) selections under the Act of January 21, 1929 45 Stat. 1091 43 U.S.C. 852 (2) the priority in which the land is to be conveyed; (3) the relinquishment of selections which are not to be conveyed; and (4) the survey of the exterior boundaries of the land to be conveyed. (b)  Consultation Before entering into an agreement under subsection (a), the Secretary shall ensure that any concerns or issues identified by any Federal agency potentially affected are given consideration. (c)  Errors The State, by entering into an agreement under subsection (a), shall receive any gain or bear any loss that results from errors in prior surveys, protraction diagrams, or the computation of the ownership of third parties on any land conveyed under an agreement entered into under subsection (a). (d)  Availability of Agreements Agreements entered into under subsection (a) shall be available for public inspection in the appropriate offices of the Department of the Interior. (e)  Effect Nothing in this section increases the entitlement provided to the State under Public Law 85508 72 Stat. 340 January 21, 1929 45 Stat. 1091 Effect of Federal Mining Claims Pub. L. 108452, title I,  107 Dec. 10, 2004 118 Stat. 3580  (a)  Conditional Relinquishments. (1)  In general To facilitate the conversion of Federal mining claims to State [of Alaska] mining claims on land selected or topfiled by the State, a Federal mining claimant may file with the Secretary [of the Interior] a voluntary relinquishment of the Federal mining claim conditioned on conveyance of the land to the State. (2)  Conveyance of relinquished claim The Secretary may convey the land described in the relinquished Federal mining claim to the State if, with respect to the land (A) the State has filed as of January 3, 1994 (i) a selection application under Public Law 85508 72 Stat. 339 section 21 of Title 48 (ii) a future selection application under section 906(e) of the Alaska National Interest Lands Conservation Act [(] 43 U.S.C. 1635(e) (B) the land addressed by the selection application or future selection application is conveyed to the State. (3)  Obligations under federal law Until the date on which the land is conveyed under paragraph (2), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law. (4)  No relinquishment If the land previously encumbered by the relinquished Federal mining claim is not conveyed to the State under paragraph (2), the relinquishment of land under paragraph (1) shall be of no effect. (b)  Rights-of-Way; Other Interest On conveyance to the State of a relinquished Federal mining claim under this section, the State shall assume authority over any leases, licenses, permits, rights-of-way, operating plans, other land use authorizations, or reclamation obligations applicable to the relinquished Federal mining claim on the date of conveyance. Final Prioritization of State Selections Pub. L. 108452, title IV,  404 Dec. 10, 2004 118 Stat. 3593  (a)  Filing of Final Priorities. (1)  In general The State [of Alaska] shall, not later than the date that is 4 years after the date of enactment of this Act [ Dec. 10, 2004 43 U.S.C. 1635(f)(1) (2)  Ranking All selection applications on file with the Secretary on the date specified in paragraph (1) shall (A) be ranked on a Statewide basis in order of priority; and (B) include an estimate of the acreage included in each selection. (3)  Inclusions The State shall include in the prioritized list land which has been top-filed under section 906(e) of the Alaska National Interest Lands Conservation Act ( 43 U.S.C. 1635(e) (4)  Acreage limitation. (A)  In general Acreage for top-filings shall not be counted against the 125 percent limitation established under section 906(f)(1) of the Alaska National Interest Lands Conservation Act ( 43 U.S.C. 1635(f)(1) (B)  Relinquishment. (i)  In general The State shall relinquish any selections that exceed the 125 percent limitation. (ii)  Failure to relinquish If the State fails to relinquish a selection under clause (i), the Secretary shall reject the selection. (5)  Lower-priority selections Notwithstanding the prioritization of selection applications under paragraph (1), if the Secretary reserves sufficient entitlements for the top-filed selections, the Secretary may continue to convey lower-priority selections. (b)  Deadline for Prioritization. (1)  In general The State shall irrevocably prioritize sufficient selections to allow the Secretary to complete transfer of 101,000,000 acres by September 30, 2009 (2)  Reprioritization Any selections remaining after September 30, 2009 (c)  Financial Assistance The Secretary may, using amounts made available to carry out this Act [see Short Title of 2004 Amendment note set out under section 1601 of this title September 30, 2009  1636. Alaska land bank (a) Establishment; agreements (1) In order to enhance the quantity and quality of Alaskas renewable resources and to facilitate the coordinated management and protection of Federal, State, and Native and other private lands, there is hereby established the Alaska Land Bank Program. Any private landowner is authorized as provided in this section to enter into a written agreement with the Secretary if his lands adjoin, or his use of such lands would directly affect, Federal land, Federal and State land, or State land if the State is not participating in the program. Any private landowner described in subsection (d)(1) whose lands do not adjoin, or whose use of such lands would not directly affect either Federal or State lands also is entitled to enter into an agreement with the Secretary. Any private landowner whose lands adjoin, or whose use of such lands would directly affect, only State, or State and private lands, is authorized as provided in this section to enter into an agreement with the State of Alaska if the State is participating in the program. If the Secretary is the contracting party with the private landowner, he shall afford the State an opportunity to participate in negotiations and become a party to the agreement. An agreement may include all or part of the lands of any private landowner: Provided (2) If a private landowner consents to the inclusion in an agreement of the stipulations provided in subsections (b)(1), (b)(2), (b)(4), (b)(5), and (b)(7), and if such owner does not insist on any additional terms which are unacceptable to the Secretary or the State, as appropriate, the owner shall be entitled to enter into an agreement pursuant to this section. If an agreement is not executed within one hundred and twenty days of the date on which a private landowner communicates in writing his consent to the stipulations referred to in the preceding sentence, the appropriate Secretary or State agency head shall execute an agreement. Upon such execution, the private owner shall receive the benefits provided in subsection (c) hereof. (3) No agreement under this section shall be construed as affecting any land, or any right or interest in land, of any owner not a party to such agreement. (b) Terms of agreement Each agreement referred to in subsection (a) shall have an initial term of ten years, with provisions, if any, for renewal for additional periods of five years. Such agreement shall contain the following terms: (1) The landowner shall not alienate, transfer, assign, mortgage, or pledge the lands subject to the agreement except as provided in section 14(c) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1613(c) (2) Lands subject to the agreement shall be managed by the owner in a manner compatible with the management plan, if any, for the adjoining Federal or State lands, and with the requirements of this subsection. If lands subject to the agreement do not adjoin either Federal or State lands, they shall be managed in a manner compatible with the management plan, if any, of Federal or State lands which would be directly affected by the use of such private lands. If no such plan has been adopted, or if the use of such private lands would not directly affect either Federal or State lands, the owner shall manage such lands in accordance with the provisions in paragraph (1) of this subsection. Except as provided in (3) 1 1 (3) If the surface landowner so consents, such lands may be made available for local or other recreational use: Provided (4) Appropriate Federal and/or State agency heads shall have reasonable access to such privately owned land for purposes relating to the administration of the adjoining Federal or State lands, and to carry out their obligations under the agreement. (5) Reasonable access to such land by officers of the State shall be permitted for purposes of conserving fish and wildlife. (6) Those services or other consideration which the appropriate Secretary or the State shall provide to the owner pursuant to subsection (c)(1) shall be set forth. (7) All or part of the lands subject to the agreement may be withdrawn from the Alaska land bank program not earlier than ninety days after the landowner (A) submits written notice thereof to the other parties which are signatory to the agreement; and (B) pays all Federal, State and local property taxes and assessments which, during the particular term then in effect, would have been incurred except for the agreement, together with interest on such taxes and assessments in an amount to be determined at the highest rate of interest charged with respect to delinquent property taxes by the Federal, State or local taxing authority, if any. (8) The agreement may contain such additional terms, which are consistent with the provisions of this section, as seem desirable to the parties entering into the agreement: Provided (c) Benefits to private landowners (1) In addition to any requirement of applicable law, the appropriate Secretary is authorized to provide technical and other assistance with respect to fire control, trespass control, resource and land use planning, and the protection, maintenance, and enhancement of any special values of the land subject to the agreement, all with or without reimbursement as agreed upon by the parties, so long as the landowner is in compliance with the agreement. (2) The provision of section 21(e) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1620(e) (d) Automatic protections for lands conveyed pursuant to Alaska Native Claims Settlement Act (1) (A) Notwithstanding any other provision of law or doctrine of equity, all land and interests in land in Alaska conveyed by the Federal Government pursuant to the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 43 U.S.C. 1629e 43 U.S.C. 1621(f) section 3192(h) of title 16 (i) adverse possession and similar claims based upon estoppel; (ii) real property taxes by any governmental entity; (iii) judgments resulting from a claim based upon or arising under (I) title 11 or any successor statute, (II) other insolvency or moratorium laws, or (III) other laws generally affecting creditors rights; (iv) judgments in any action at law or in equity to recover sums owed or penalties incurred by a Native Corporation or Settlement Trust or any employee, officer, director, or shareholder of such corporation or trust, unless this exemption is contractually waived prior to the commencement of such action; and (v) involuntary distributions or conveyances related to the involuntary dissolution of a Native Corporation or Settlement Trust. (B) Except as otherwise provided 2 2 February 3, 1988 (2)  Definitions (A) For purposes of this subsection, the term (i) Developed means a purposeful modification of land, or an interest in land, from its original state that effectuates a condition of gainful and productive present use without further substantial modification. Any such modification shall be performed by the Native individual or Native Corporation. Surveying, construction of roads, providing utilities, or other similar actions, which are normally considered to be component parts of the development process but do not create the condition described in the preceding sentence, shall not constitute a developed state within the meaning of this clause. In order to terminate the exemptions listed in paragraph (1), land, or an interest in land, must be developed for purposes other than exploration, and the exemptions will be terminated only with respect to the smallest practicable tract actually used in the developed state. Any lands previously developed by third-party trespassers shall not be considered to have been developed.; 3 3 (ii) Exploration means the examination and investigation of undeveloped land to determine the existence of subsurface nonrenewable resources; and (iii) Leased means subjected to a grant of primary possession entered into for a gainful purpose with a determinable fee remaining in the hands of the grantor. With respect to a lease that conveys rights of exploration and development, the exemptions listed in paragraph (1) shall continue with respect to that portion of the leased tract that is used solely for the purposes of exploration. (B) For purposes of this subsection (i) land shall not be considered developed solely as a result of (I) the construction, installation, or placement upon such land of any structure, fixture, device, or other improvement intended to enable, assist, or otherwise further subsistence uses or other customary or traditional uses of such land, or (II) the receipt of fees related to hunting, fishing, and guiding activities conducted on such land; (ii) land upon which timber resources are being harvested shall be considered developed only during the period of such harvest and only to the extent that such land is integrally related to the timber harvesting operation; (iii) land subdivided by a State or local platting authority on the basis of a subdivision plat submitted by the holder of the land or its agent, shall be considered developed on the date an approved subdivision plat is recorded by such holder or agent unless the subdivided property is a remainder parcel; and (iv) lands or interest in lands shall not be considered developed or leased or sold to a third party as a result of an exchange or conveyance of such land or interest in land between or among Native Corporations and trusts, partnerships, corporations, or joint ventures, whose beneficiaries, partners, shareholders, or joint venturers are Native Corporations. (3)  Action by a Trustee (A) Except as provided in this paragraph and in section 14(c)(3) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1613(c)(3) (i) assign or lease to a third party, (ii) commence development or use of, or (iii) convey to a third party, any right, title, or interest in any land, or interests in land, subject to the exemptions described in paragraph (1). (B) The prohibitions of subparagraph (A) shall not apply (i) when the actions of such trustee, receiver, or custodian are for purposes of exploration or pursuant to a judgment in law or in equity (or arbitration award) arising out of any claim made pursuant to section 7(i) or section 14(c) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1606(i) (ii) to any land, or interest in land, which has been (I) developed or leased prior to the vesting of the trustee, receiver, or custodian with the right, title, or interest of the Native Corporation; or (II) expressly pledged as security for any loan or expressly committed to any commercial transaction in a valid agreement; or (iii) to actions by any trustee whose right, title, or interest in land or interests in land arises pursuant to an agreement between or among Native Corporations and trusts, partnerships, or joint ventures whose beneficiaries, partners, shareholders, or joint venturers are Native Corporations. (4)  Exclusions, Reattachment of Exemptions (A) The exemptions listed in paragraph (1) shall not apply to any land, or interest in land, which is (i) developed or leased or sold to a third party; (ii) held by a Native Corporation in which neither (I) the Settlement Common Stock of the corporation, (II) the Settlement Common Stock of the corporation and other stock of the corporation held by holders of Settlement Common Stock, nor (III) the Settlement Common Stock of the corporation and other stock of the corporation held by holders of Settlement Common Stock and by Natives and descendants of Natives, represents a majority of either the total equity of the corporation or the total voting power of the corporation for the purposes of electing directors; or (iii) held by a Settlement Trust with respect to which any of the conditions set forth in section 39 of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1629e (B) The exemptions described in clauses (iii), (iv), and (v) of paragraph (1)(A) shall not apply to any land, or interest in land (i) to the extent that such land or interest is expressly pledged as security for any loan or expressly committed to any commercial transaction in a valid agreement, and (ii) to the extent necessary to enforce a judgment in any action at law or in equity (or any arbitration award) arising out of any claim made pursuant to section 7(i) or section 14(c) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1606(i) (C) If the exemptions listed in paragraph (1) are terminated with respect to land, or an interest in land, as a result of development (or a lease to a third party), and such land, or interest in land, subsequently reverts to an undeveloped state (or the third-party lease is terminated), then the exemptions shall again apply to such land, or interest in land, in accordance with the provisions of this subsection. (5)  Tax Recapture Upon Subdivision Plat Recordation (A) Upon the recordation with an appropriate government authority of an approved subdivision plat submitted by, or on behalf of, a Native individual, Native Corporation, or Settlement Trust with respect to land described in paragraph (1), such individual, corporation, or trust shall pay in accordance with this paragraph all State and local property taxes on the smallest practicable tract integrally related to the subdivision project that would have been incurred by the individual, corporation, or trust on such land (excluding the value of subsurface resources and timber) in the absence of the exemption described in paragraph (1)(A)(ii) during the thirty months prior to the date of the recordation of the plat. (B) State and local property taxes specified in subparagraph (A) of this paragraph (together with interest at the rate of 5 per centum per annum commencing on the date of recordation of the subdivision plat) shall be paid in equal semi-annual installments over a two-year period commencing on the date six months after the date of recordation of the subdivision plat. (C) At least thirty days prior to final approval of a plat of the type described in subparagraph (A), the government entity with jurisdiction over the plat shall notify the submitting individual, corporation, or trust of the estimated tax liability that would be incurred as a result of the recordation of the plat at the time of final approval. (6)  Savings (A) No provision of this subsection shall be construed to impair, or otherwise affect, any valid contract or other obligation that was entered into prior to February 3, 1988 (B) Enactment of this subsection shall not affect any real property tax claim in litigation on February 3, 1988 (e) Condemnation All land subject to an agreement made pursuant to subsection (a) and all land, and interests in land, conveyed or subsequently reconveyed pursuant to the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 (f) Existing contracts Nothing in this section shall be construed as impairing, or otherwise affecting in any manner, any contract or other obligation which was entered into prior to December 2, 1980 (g) State jurisdiction Except as expressly provided in subsection (d), no provision of this section shall be construed as affecting the civil or criminal jurisdiction of the State of Alaska. ( Pub. L. 96487, title IX,  907 Dec. 2, 1980 94 Stat. 2444 Pub. L. 100241,  11 Feb. 3, 1988 101 Stat. 1806 Pub. L. 105333 Oct. 31, 1998 112 Stat. 3129  Editorial Notes  References in Text The Alaska Native Claims Settlement Act, referred to in subsecs. (d)(1)(A) and (e), is Pub. L. 92203 Dec. 18, 1971 85 Stat. 688 section 1601 of this title This Act, referred to in subsec. (e), is Pub. L. 96487 Dec. 2, 1980 94 Stat. 2371 section 3101 of Title 16 Amendments 1998Subsec. (d)(1)(A). Pub. L. 105333,  1(a) section 3192(h) of title 16 Subsec. (d)(2)(A)(i). Pub. L. 105333,  2(3) Pub. L. 105333,  2(1) Subsec. (d)(2)(B)(iv). Pub. L. 105333,  1(b) Subsec. (d)(3)(B)(iii). Pub. L. 105333,  1(c) 1988Subsec. (a)(1). Pub. L. 100241,  11(1) Subsec. (b)(1). Pub. L. 100241,  11(1) Subsec. (c). Pub. L. 100241,  11(3) Pub. L. 100241,  11(1) Subsec. (d). Pub. L. 100241,  11(3) 43 U.S.C. 1601 December 2, 1980 Provided December 2, 1980 Pub. L. 100241,  11(1) Subsec. (e). Pub. L. 100241,  11(3) 43 U.S.C. 1620(e) Subsec. (g). Pub. L. 100241,  11(4)  1637. Use of protraction diagrams  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 43 U.S.C. 1601 ( Pub. L. 96487, 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. 92203 Dec. 18, 1971 85 Stat. 688 section 1601 of this title  1638. National Environmental Policy Act  The National Environmental Policy Act of 1969 ( 83 Stat. 852 42 U.S.C. 4321 43 U.S.C. 1601 43 U.S.C. 1613(h)(3) ( Pub. L. 96487, title IX,  910 Dec. 2, 1980 94 Stat. 2447  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Alaska Native Claims Settlement Act, referred to in text, is Pub. L. 92203 Dec. 18, 1971 85 Stat. 688 section 1601 of this title This Act, referred to in text, is Pub. L. 96487 Dec. 2, 1980 94 Stat. 2371 section 3101 of Title 16  1639. Construction with Alaska Native Claims Settlement Act  Except as specifically provided in this Act, (i) the provisions of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 ( Pub. L. 96487, title XIV,  1412 Dec. 2, 1980 94 Stat. 2498  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 96487 Dec. 2, 1980 94 Stat. 2371 section 3101 of Title 16 The Alaska Native Claims Settlement Act, referred to in cl. (i), is Pub. L. 92203 Dec. 18, 1971 85 Stat. 688 section 1601 of this title Codification Section was not enacted as part of title IX of Pub. L. 96487  1640. Relinquishment of selections partly within conservation units  Whenever a valid State or Native selection is partly in and partly out of the boundary of a conservation system unit, notwithstanding any other provision of law to the contrary, the State or any Native Corporation may relinquish its rights in any portion of any validly selected Federal land, including land underneath waters, which lies within the boundary of the conservation system unit. Upon relinquishment, the Federal land (including land underneath waters) so relinquished within the boundary of the conservation system unit shall become, and be administered as, a part of the conservation system unit. The total land entitlement of the State or Native Corporation shall not be affected by such relinquishment. In lieu of the lands and waters relinquished by the State, the State may select pursuant to the Alaska Statehood Act as amended by this Act, an equal acreage of other lands available for such purpose. The Native Corporation may retain an equal acreage from overselection lands on which selection applications were otherwise properly and timely filed. A relinquishment pursuant to this section shall not invalidate an otherwise valid State or Native Corporation land selection outside the boundaries of the conservation system unit, on the grounds that, after such relinquishment, the remaining portion of the land selection no longer meets applicable requirements of size, compactness, or contiguity, or that the portion of the selection retained immediately outside the conservation system unit does not follow section lines along the boundary of the conservation system unit. The validity of the selection outside such boundary shall not be adversely affected by the relinquishment. ( Pub. L. 96487, title XIV,  1415 Dec. 2, 1980 94 Stat. 2499  Editorial Notes  References in Text The Alaska Statehood Act as amended by this Act, referred to in text, is Pub. L. 85508 July 7, 1958 72 Stat. 339 Pub. L. 96487 Dec. 2, 1980 96 Stat. 2371 section 21 of Title 48 This Act, referred to in text, is Pub. L. 96487 Dec. 2, 1980 94 Stat. 2371 section 3101 of Title 16 Codification Section was not enacted as part of title IX of Pub. L. 96487  1641. Conveyances to Village Corporations (a) Optional procedure The provisions of this section shall be applicable only to the conveyance of Federal lands described herein to a Native Corporation which within one hundred and eighty days after December 2, 1980 (b) Core townships, etc. (1) (A) Except to the extent that conveyance of a surface estate would be inconsistent with section 12(a), 14(a), 14(b), or 22( l 43 U.S.C. 1611(a) l section 1633(a) of this title 43 U.S.C. 1610 43 U.S.C. 1618(b) 43 U.S.C. 1601 43 U.S.C. 1610(a)(1) 43 U.S.C. 1602(c) (B) Where two or more Village Corporations are entitled to the same land by virtue of the same township or townships embracing all or part of the Native Villages, the conveyance made by paragraph (A) shall not be effective as to such lands until an arbitration decision or other binding agreement between or among the Corporations is filed with and published by the Secretary. Within thirty days of receipt of such decision or agreement, the Secretary shall publish notice of the decision or agreement in the Federal Register. Effective with such publication, title to the lands conveyed by subparagraph (A) shall vest in the Village Corporation as specified in the decision or agreement. For purposes of section 1632 of this title (2) Except to the extent that conveyance of a surface estate would be inconsistent with section 12(a), 14(a), or 22( l 43 U.S.C. 1611(a) l section 1633(a) of this title 43 U.S.C. 1610 43 U.S.C. 1618(b) 43 U.S.C. 1610(a)(2) Provided March 4, 1915 38 Stat. 1214 January 21, 1929 45 Stat. 1091 July 28, 1956 70 Stat. 709 December 18, 1971 December 2, 1980 And provided further (3) Subject to valid existing rights and section 1633(a) of this title December 2, 1980 43 U.S.C. 1601 43 U.S.C. 1618(b) December 18, 1971 December 18, 1971 January 2, 1976 Public Law 94204 October 4, 1976 Public Law 94456 (4) Subject to valid existing rights and section 1633(a) of this title 43 U.S.C. 1611(a)(1) 43 U.S.C. 1613(f) (c) Documents As soon as possible after December 2, 1980 (d) Reconveyances; disputes A Village Corporations obligation to reconvey lands under section 14(c) of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1613(c) 43 U.S.C. 1601 43 U.S.C. 1601 43 U.S.C. 1613(a) 43 U.S.C. 1611(e) (e) Existing rights All conveyances made by operation of this section shall be subject to the terms and conditions of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 (f) Easements For a period of one year from December 2, 1980 43 U.S.C. 1616(b)(3) 43 U.S.C. 1616(b)(1) section 1633 of this title (g) Native Corporation defined For purposes of this section, the term Native Corporation means Village Corporations and Regional Corporations. ( Pub. L. 96487, title XIV,  1437 Dec. 2, 1980 94 Stat. 2546  Editorial Notes  References in Text The Alaska Native Claims Settlement Act, referred to in subsecs. (b)(1)(A), (3), (d), and (e), is Pub. L. 92203 Dec. 18, 1971 85 Stat. 688 section 1601 of this title Act of March 4, 1915 act Mar. 4, 1915, ch. 181 38 Stat. 1214 section 353 of Title 48 section 852 of this title Section 353 of Title 48 Pub. L. 85508,  6(k) July 7, 1958 72 Stat. 343 Act of January 21, 1929 act Jan. 21, 1929, ch. 92 45 Stat. 1091 section 852 of this title Act July 28, 1956 act July 28, 1956, ch. 772 70 Stat. 709 Section 6(g) of the Alaska Statehood Act, referred to in subsec. (b)(2), is section 6(g) of Pub. L. 85508 July 7, 1948 72 Stat. 339 section 21 of Title 48 Act of January 2, 1976 Public Law 94204 October 4, 1976 Public Law 94456 Pub. L. 94204 Jan. 2, 1976 89 Stat. 1145 Pub. L. 94456 Oct. 4, 1976 90 Stat. 1934 section 1615 of this title section 1611 of this title This title, referred to in subsec. (d), is title XIV of Pub. L. 96487 Dec. 2, 1980 94 Stat. 2491 This Act, referred to in subsec. (d), is Pub. L. 96487 Dec. 2, 1980 94 Stat. 2371 section 3101 of Title 16 Codification Section was not enacted as part of title IX of Pub. L. 96487  1642. Land conveyances  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 March 23, 1989 ( Pub. L. 96487, title XIV,  1438 Pub. L. 101380, 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. 92203 Dec. 18, 1971 85 Stat. 688 section 1601 of this title Statutory Notes and Related Subsidiaries Effective Date Section applicable to incidents occurring after Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of Title 33 CHAPTER 34 TRANS-ALASKA PIPELINE    Sec.  1651. Congressional findings and declaration.  1652. Authorizations for construction.  1653. Liability for damages.  1654. Antitrust laws.  1655. Roads and airports.  1656. Civil penalties.  1651. Congressional findings and declaration The Congress finds and declares that: (a) The early development and delivery of oil and gas from Alaskas North Slope to domestic markets is in the national interest because of growing domestic shortages and increasing dependence upon insecure foreign sources. (b) The Department of the Interior and other Federal agencies, have, over a long period of time, conducted extensive studies of the technical aspects and of the environmental, social, and economic impacts of the proposed trans-Alaska oil pipeline, including consideration of a trans-Canada pipeline. (c) The earliest possible construction of a trans-Alaska oil pipeline from the North Slope of Alaska to Port Valdez in that State will make the extensive proven and potential reserves of low-sulfur oil available for domestic use and will best serve the national interest. (d) A supplemental pipeline to connect the North Slope with a trans-Canada pipeline may be needed later and it should be studied now, but it should not be regarded as an alternative for a trans-Alaska pipeline that does not traverse a foreign country. ( Pub. L. 93153, title II,  202 Nov. 16, 1973 87 Stat. 584  Statutory Notes and Related Subsidiaries Short Title of 1990 Amendment Pub. L. 101380, title VIII,  8001 Aug. 18, 1990 104 Stat. 564 This title [enacting sections 1642 and 1656 of this title, amending sections 1350 and 1653 of this title and section 3145 of Title 16 section 1653 of this title Short Title Pub. L. 93153, title II,  201 Nov. 16, 1973 87 Stat. 584 This title [enacting this chapter] may be cited as the Trans-Alaska Pipeline Authorization Act. Separability Pub. L. 93153, title IV,  411 Nov. 16, 1973 87 Stat. 594 If any provision of this Act [enacting this chapter, section 1456a of this title section 3512 of Title 44 section 1608 of this title section 185 of Title 30 section 3502 of Title 44 section 1904 of Title 12 section 45 of Title 15 section 791a of Title 16 section 1221 of Title 33 Presidential Task Force Pub. L. 101380, title VIII,  8103 Aug. 18, 1990 104 Stat. 567 North Slope Crude Oil; Report on Equitable Allocation Pub. L. 94586,  18 Oct. 22, 1976 90 Stat. 2916 Oct. 22, 1976 section 410 of Pub. L. 93153 Trans-Canada Pipeline; Negotiations With Canada; Feasibility Study Pub. L. 93153, title III Nov. 16, 1973 87 Stat. 588 Nov. 16, 1973 Exclusion of Persons From Trans-Alaska Pipeline Activities on Basis of Race, Creed, Color, National Origin, or Sex Prohibited Pub. L. 93153, title IV,  403 Nov. 16, 1973 87 Stat. 590 The Secretary of the Interior shall take such affirmative action as he deems necessary to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from receiving, or participating in any activity conducted under, any permit, right-of-way, public land order, or other Federal authorization granted or issued under title II [this chapter]. The Secretary of the Interior shall promulgate such rules as he deems necessary to carry out the purposes of this subsection and may enforce this subsection, and any rules promulgated under this subsection, through agency and department provisions and rules which shall be similar to those established and in effect under title VI of the Civil Rights Act of 1964 [section 2000d et seq. of Title 42, The Public Health and Welfare]. Equitable Allocation of North Slope Crude Oil Pub. L. 93153, title IV,  410 Nov. 16, 1973 87 Stat. 594 The Congress declares that the crude oil on the North Slope of Alaska is an important part of the Nations oil resources, and that the benefits of such crude oil should be equitably shared, directly or indirectly, by all regions of the country. The President shall use any authority he may have to insure an equitable allocation of available North Slope and other crude oil resources and petroleum products among all regions and all of the several States.  1652. Authorizations for construction (a) Congressional declaration of purpose The purpose of this chapter is to insure that, because of the extensive governmental studies already made of this project and the national interest in early delivery of North Slope oil to domestic markets, the trans-Alaska oil pipeline be constructed promptly without further administrative or judicial delay or impediment. To accomplish this purpose it is the intent of the Congress to exercise its constitutional powers to the fullest extent in the authorizations and directions herein made and in limiting judicial review of the actions taken pursuant thereto. (b) Issuance, administration, and enforcement of rights-of-way, permits, leases, and other authorizations The Congress hereby authorizes and directs the Secretary of the Interior and other appropriate Federal officers and agencies to issue and take all necessary action to administer and enforce rights-of-way, permits, leases, and other authorizations that are necessary for or related to the construction, operation, and maintenance of the trans-Alaska oil pipeline system, including roads and airstrips, as that system is generally described in the Final Environmental Impact Statement issued by the Department of the Interior on March 20, 1972 (c) Applicability of statutes governing rights-of-way for pipelines through Federal lands; other statutory terms and conditions; waiver of procedural requirements; supersedure of administrative authorizations for construction Rights-of-way, permits, leases, and other authorizations issued pursuant to this chapter by the Secretary shall be subject to the provisions of section 185 of title 30 Pub. L. 93153 (d) National Environmental Policy Act of 1969 bypassed; issuance of authorizations for construction and operation not to be subject to judicial review; time limits on charges of invalidity or unconstitutionality; jurisdiction; hearings; review The actions taken pursuant to this chapter which relate to the construction and completion of the pipeline system, and to the applications filed in connection therewith necessary to the pipelines operation at full capacity, as described in the Final Environmental Impact Statement of the Department of the Interior, shall be taken without further action under the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 November 16, 1973 November 16, 1973 (e) Amendment or modification of rights-of-way, permits, leases, or other authorizations The Secretary of the Interior and the other Federal officers and agencies are authorized at any time when necessary to protect the public interest, pursuant to the authority of this section and in accordance with its provisions, to amend or modify any right-of-way, permit, lease, or other authorization issued under this chapter. ( Pub. L. 93153, title II,  203 Nov. 16, 1973 87 Stat. 584 Pub. L. 98620, title IV,  402(46) Nov. 8, 1984 98 Stat. 3360 Pub. L. 100352,  6(c) June 27, 1988 102 Stat. 663  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (d), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 1988Subsec. (d). Pub. L. 100352 1984Subsec. (d). Pub. L. 98620 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by Pub. L. 100352 June 27, 1988 section 7 of Pub. L. 100352 section 1254 of Title 28 Effective Date of 1984 Amendment Amendment by Pub. L. 98620 Nov. 8, 1984 section 403 of Pub. L. 98620 section 1657 of Title 28  1653. Liability for damages (a) Activities along or in vicinity of pipeline right-of-way; strict liability; limitation on liability; subrogation; emergency subsistence and other aid; exemption for State of Alaska (1) Except when the holder of the pipeline right-of-way granted pursuant to this chapter can prove that damages in connection with or resulting from activities along or in the vicinity of the proposed trans-Alaskan pipeline right-of-way were caused solely by an act of war or negligence of the United States, other government entity, or the damaged party, such holder shall be strictly liable to all damaged parties, public or private, without regard to fault for such damages, and without regard to ownership of any affected lands, structures, fish, wildlife, or biotic or other natural resources relied upon by Alaska Natives, Native organizations, or others for subsistence or economic purposes. Claims for such injury or damages may be determined by arbitration or judicial proceedings. (2) Liability under paragraph (1) of this subsection shall be limited to $350,000,000 for any one incident, and the holders of the right-of-way or permit shall be liable for any claim allowed in proportion to their ownership interest in the right-of-way or permit. Liability of such holders for damages in excess of $350,000,000 shall be in accord with ordinary rules of negligence. (3) In any case where liability without fault is imposed pursuant to this subsection and the damages involved were caused by the negligence of a third party, the rules of subrogation shall apply in accordance with the law of the jurisdiction where the damage occurred. (4) Upon order of the Secretary, the holder of a right-of-way or permit shall provide emergency subsistence and other aid to an affected Alaska Native, Native organization, or other person pending expeditious filing of, and determination of, a claim under this subsection. (5) Where the State of Alaska is the holder of a right-of-way or permit under this chapter, the State shall not be subject to the provisions of this subsection, but the holder of the permit or right-of-way for the trans-Alaska pipeline shall be subject to this subsection with respect to facilities constructed or activities conducted under rights-of-way or permits issued to the State to the extent that such holder engages in the construction, operation, maintenance, and termination of facilities, or in other activities under rights-of-way or permits issued to the State. (b) Control and removal of pollutants at expense of right-of-way holder If any area in the State of Alaska within or without the right-of-way or permit area granted under this chapter is polluted by any activities related to the Trans-Alaska Pipeline System, including operation of the terminal, conducted by or on behalf of the holder to whom such right-of-way or permit was granted, and such pollution damages or threatens to damage aquatic life, wildlife, or public or private property, the control and total removal of the pollutant shall be at the expense of such holder, including any administrative and other costs incurred by the Secretary or any other Federal or State officer or agency. Upon failure of such holder to adequately control and remove such pollutant, the Secretary, in cooperation with other Federal, State, or local agencies, or in cooperation with such holder, or both, shall have the right to accomplish the control and removal at the expense of such holder. ( Pub. L. 93153, title II,  204 Nov. 16, 1973 87 Stat. 586 Pub. L. 101380, title VIII Aug. 18, 1990 104 Stat. 565567  Editorial Notes Amendments 1990Subsec. (a)(1). Pub. L. 101380,  8101(a) Subsec. (a)(2). Pub. L. 101380,  8101(b) Subsec. (b). Pub. L. 101380,  8101(c) Subsec. (c). Pub. L. 101380,  8102(a)(1) Subsec. (c)(2). Pub. L. 101380,  8102(b) Subsec. (c)(3). Pub. L. 101380,  8102(d) Subsec. (c)(4). Pub. L. 101380,  8102(e) Subsec. (c)(5). Pub. L. 101380,  8102(a)(4) August 18, 1990 August 18, 1990 Subsec. (c)(13), (14). Pub. L. 101380,  8102(c) Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101380 Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of Title 33 Pub. L. 101380, title VIII,  8102(a)(5)(A) Aug. 18, 1990 104 Stat. 566  The repeal by paragraph (1) [repealing subsec. (c) of this section] shall be effective 60 days after the date on which the Comptroller General of the United States certifies to the Congress [certified July 5, 2000 (i) all claims arising under section 204(c) of the Trans-Alaska Pipeline Authorization Act ( 43 U.S.C. 1653(c) (ii) all actions for the recovery of amounts subject to section 204(c) of the Trans-Alaska Pipeline Authorization Act have been resolved, and (iii) all administrative expenses reasonably necessary for and incidental to the implementation of section 204(c) of the Trans-Alaska Pipeline Authorization Act have been paid. Savings Provision Pub. L. 101380, title VIII,  8102(a)(3) Aug. 18, 1990 104 Stat. 566 The repeal made by paragraph (1) [repealing subsec. (c) of this section] shall have no effect on any right to recover or responsibility that arises from incidents subject to section 204(c) of the Trans-Alaska Pipeline Authorization Act ( 43 U.S.C. 1653(c) Aug. 18, 1990 Bulk Fuel Storage Tanks Pub. L. 105277, div. A,  101(g) [title III,  329(a), (b)] Oct. 21, 1998 112 Stat. 2681439 Pub. L. 114113, div. D, title IV,  403 Dec. 18, 2015 129 Stat. 2422  (a)  Transfer of Funds Notwithstanding any other provision of law, the remainder of the balance in the Trans-Alaska Pipeline Liability Fund that is transferred and deposited into the Oil Spill Liability Trust Fund under section 8102(a)(2)(B)(ii) of the Oil Pollution Act of 1990 ( 43 U.S.C. 1653 June 16, 1998 (b)  Use of Interest Only The interest produced from the investment of the Trans-Alaska Pipeline Liability Fund balance that is transferred and deposited into the Oil Spill Liability Trust Fund under section 8102(a)(2)(B)(ii) of the Oil Pollution Act of 1990 [ Pub. L. 101380 43 U.S.C. 1653 June 16, 1998 33 U.S.C. 2701 [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Disposition of Fund Balance Pub. L. 101380, title VIII,  8102(a)(2) Aug. 18, 1990 104 Stat. 565 Pub. L. 105277, div. A,  101(g) [title III,  329(c)] Oct. 21, 1998 112 Stat. 2681439  (A)  Reservation of amounts The trustees of the Trans-Alaska Pipeline Liability Fund (hereafter in this subsection referred to as the TAPS Fund) shall reserve the following amounts in the TAPS Fund (i) necessary to pay claims arising under section 204(c) of the Trans-Alaska Pipeline Authorization Act ( 43 U.S.C. 1653(c) (ii) administrative expenses reasonably necessary for and incidental to the implementation of section 204(c) of that Act. (B)  Disposition of the balance After the Comptroller General of the United States certifies that the requirements of subparagraph (A) have been met, the trustees of the TAPS Fund shall dispose of the balance in the TAPS Fund after the reservation of amounts are made under subparagraph (A) by (i) rebating the pro rata share of the balance to the State of Alaska for its contributions as an owner of oil, which, except as otherwise provided under article IX, section 15, of the Alaska Constitution, shall be used for the remediation of above-ground storage tanks; and then (ii) transferring and depositing the remainder of the balance into the Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 ( 26 U.S.C. 9509 (C)  Disposition of the reserved amounts After payment of all claims arising from an incident for which funds are reserved under subparagraph (A) and certification by the Comptroller General of the United States that the claims arising from that incident have been paid, the excess amounts, if any, for that incident shall be disposed of as set forth under subparagraphs (A) and (B). (D)  Authorization The amounts transferred and deposited in the Fund shall be available for the purposes of section 1012 of the Oil Pollution Act of 1990 [ 33 U.S.C. 2712 33 U.S.C. 2731 43 U.S.C. 1651 Liabilities of Trustees of TAPS Fund Pub. L. 101380, title VIII,  8102(a)(5)(B) Aug. 18, 1990 104 Stat. 566 Upon the effective date of the repeal pursuant to subparagraph (A) [see Effective Date of 1990 Amendment note above], the trustees of the TAPS Fund shall be relieved of all responsibilities under section 204(c) of the Trans-Alaska Pipeline Authorization Act [ 43 U.S.C. 1653(c) Preservation of Rights and Remedies of Contributors to TAPS Fund Pub. L. 101380, title VIII,  8102(a)(6) Aug. 18, 1990 104 Stat. 566 This subsection [amending this section and enacting provisions set out as notes above] is intended expressly to preserve any and all rights and remedies of contributors to the TAPS Fund under section 1491 of title 28  1654. Antitrust laws  The grant of a right-of-way, permit, lease, or other authorization pursuant to this chapter shall grant no immunity from the operation of the Federal anti-trust laws. ( Pub. L. 93153, title II,  205 Nov. 16, 1973 87 Stat. 588  1655. Roads and airports  A right-of-way, permit, lease, or other authorization granted under section 1652(b) of this title ( Pub. L. 93153, title II,  206 Nov. 16, 1973 87 Stat. 588  1656. Civil penalties (a) Penalty Except as provided in subsection (c)(4), the Secretary of the Interior may assess and collect a civil penalty under this section with respect to any discharge of oil (1) in transit from fields or reservoirs supplying oil to the trans-Alaska pipeline; or (2) during transportation through the trans-Alaska pipeline or handling at the terminal facilities, that causes damage to, or threatens to damage, natural resources or public or private property. (b) Persons liable In addition to the person causing or permitting the discharge, the owner or owners of the oil at the time the discharge occurs shall be jointly, severally, and strictly liable for the full amount of penalties assessed pursuant to this section, except that the United States and the several States, and political subdivisions thereof, shall not be liable under this section. (c) Amount (1) The amount of the civil penalty shall not exceed $1,000 per barrel of oil discharged. (2) In determining the amount of civil penalty under this section, the Secretary shall consider the seriousness of the damages from the discharge, the cause of the discharge, any history of prior violations of applicable rules and laws, and the degree of success of any efforts by the violator to minimize or mitigate the effects of such discharge. (3) The Secretary may reduce or waive the penalty imposed under this section if the discharge was solely caused by an act of war, act of God, or third party action beyond the control of the persons liable under this section. (4) No civil penalty assessed by the Secretary pursuant to this section shall be in addition to a penalty assessed pursuant to section 1321(b) of title 33 (d) Procedures A civil penalty may be assessed and collected under this section only after notice and opportunity for a hearing on the record in accordance with section 554 of title 5 (e) State law (1) Nothing in this section shall be construed or interpreted as preempting any State or political subdivision thereof from imposing any additional liability or requirements with respect to the discharge, or threat of discharge, of oil or other pollution by oil. (2) Nothing in this section shall affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to discharges of oil. ( Pub. L. 93153, title II,  207 Pub. L. 101380, title VIII,  8202 Aug. 18, 1990 104 Stat. 571  Statutory Notes and Related Subsidiaries Effective Date Section applicable to incidents occurring after Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of Title 33 CHAPTER 35 FEDERAL LAND POLICY AND MANAGEMENT    SUBCHAPTER IGENERAL PROVISIONS  Sec.  1701. Congressional declaration of policy.  1702. Definitions.  1703. Cooperative action and sharing of resources by Secretaries of the Interior and Agriculture.  SUBCHAPTER IILAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION  1711. Continuing inventory and identification of public lands; preparation and maintenance.  1712. Land use plans.  1713. Sales of public land tracts.  1714. Withdrawals of lands.  1715. Acquisitions of public lands and access over non-Federal lands to National Forest System units.  1716. Exchanges of public lands or interests therein within the National Forest System.  1717. Qualifications of conveyees.  1718. Documents of conveyance; terms, covenants, etc.  1719. Mineral interests; reservation and conveyance requirements and procedures.  1720. Coordination by Secretary of the Interior with State and local governments.  1721. Conveyances of public lands to States, local governments, etc.  1722. Sale of public lands subject to unintentional trespass.  1723. Temporary revocation authority.  SUBCHAPTER IIIADMINISTRATION  1731. Bureau of Land Management.  1732. Management of use, occupancy, and development of public lands.  1733. Enforcement authority.  1734. Fees, charges, and commissions.  1734a. Availability of excess fees.  1735. Forfeitures and deposits.  1736. Working capital fund.  1736a. Revolving fund derived from disposal of salvage timber.  1737. Implementation provisions.  1738. Contracts for surveys and resource protection; renewals; funding requirements.  1739. Advisory councils.  1740. Rules and regulations.  1741. Annual reports.  1742. Search, rescue, and protection forces; emergency situations authorizing hiring.  1742a. Good Samaritan Search and Recovery Act.  1743. Disclosure of financial interests by officers or employees.  1744. Recordation of mining claims.  1745. Disclaimer of interest in lands.  1746. Correction of conveyance documents.  1747. Loans to States and political subdivisions; purposes; amounts; allocation; terms and conditions; interest rate; security; limitations; forebearance for benefit of borrowers; recordkeeping requirements; discrimination prohibited; deposit of receipts.  1748. Funding requirements.  1748a. FLAME Wildfire Suppression Reserve Funds.  1748a1. Request for additional wildfire suppression funds.  1748a2. Reporting requirements.  1748b. Cohesive wildfire management strategy.  1748b1. Wildfire technology modernization.  1748c. Bureau of Land Management Foundation.  1748d. Report on wildfire, insect infestation, and disease prevention on Federal land.  SUBCHAPTER IVRANGE MANAGEMENT  1751. Grazing fees; feasibility study; contents; submission of report; annual distribution and use of range betterment funds; nature of distributions.  1752. Grazing leases and permits.  1753. Omitted.  SUBCHAPTER VRIGHTS-OF-WAY  1761. Grant, issue, or renewal of rights-of-way.  1761a. Streamlining the Forest Service process for consideration of communications facility location applications.  1762. Roads.  1763. Right-of-way corridors; criteria and procedures applicable for designation.  1764. General requirements.  1765. Terms and conditions.  1766. Suspension or termination; grounds; procedures applicable.  1767. Rights-of-way for Federal departments and agencies.  1768. Conveyance of lands covered by right-of-way; terms and conditions.  1769. Existing right-of-way or right-of-use unaffected; exceptions; rights-of-way for railroad and appurtenant communication facilities; applicability of existing terms and conditions.  1770. Applicability of provisions to other Federal laws.  1771. Coordination of applications.  1772. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights of way.  SUBCHAPTER VIDESIGNATED MANAGEMENT AREAS  1781. California Desert Conservation Area.  1781a. Acceptance of donation of certain existing permits or leases.  1782. Bureau of Land Management Wilderness Study.  1783. Yaquina Head Outstanding Natural Area.  1784. Lands in Alaska; designation as wilderness; management by Bureau of Land Management pending Congressional action.  1785. Fossil Forest Research Natural Area.  1786. Piedras Blancas Historic Light Station.  1787. Jupiter Inlet Lighthouse Outstanding Natural Area. SUBCHAPTER I GENERAL PROVISIONS  1701. Congressional declaration of policy (a) The Congress declares that it is the policy of the United States that (1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest; (2) the national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other Federal and State planning efforts; (3) public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before October 21, 1976 (4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands for specified purposes and that Congress delineate the extent to which the Executive may withdraw lands without legislative action; (5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be required to establish comprehensive rules and regulations after considering the views of the general public; and to structure adjudication procedures to assure adequate third party participation, objective administrative review of initial decisions, and expeditious decisionmaking; (6) judicial review of public land adjudication decisions be provided by law; (7) goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis of multiple use and sustained yield unless otherwise specified by law; (8) the public lands be managed in a manner that will protect the quality of scientific, scenic, historical, ecological, environmental, air and atmospheric, water resource, and archeological values; that, where appropriate, will preserve and protect certain public lands in their natural condition; that will provide food and habitat for fish and wildlife and domestic animals; and that will provide for outdoor recreation and human occupancy and use; (9) the United States receive fair market value of the use of the public lands and their resources unless otherwise provided for by statute; (10) uniform procedures for any disposal of public land, acquisition of non-Federal land for public purposes, and the exchange of such lands be established by statute, requiring each disposal, acquisition, and exchange to be consistent with the prescribed mission of the department or agency involved, and reserving to the Congress review of disposals in excess of a specified acreage; (11) regulations and plans for the protection of public land areas of critical environmental concern be promptly developed; (12) the public lands be managed in a manner which recognizes the Nations need for domestic sources of minerals, food, timber, and fiber from the public lands including implementation of the Mining and Minerals Policy Act of 1970 ( 84 Stat. 1876 30 U.S.C. 21a (13) the Federal Government should, on a basis equitable to both the Federal and local taxpayer, provide for payments to compensate States and local governments for burdens created as a result of the immunity of Federal lands from State and local taxation. (b) The policies of this Act shall become effective only as specific statutory authority for their implementation is enacted by this Act or by subsequent legislation and shall then be construed as supplemental to and not in derogation of the purposes for which public lands are administered under other provisions of law. ( Pub. L. 94579, title I,  102 Oct. 21, 1976 90 Stat. 2744  Editorial Notes  References in Text This Act, referred to in subsecs. (a)(1), (3) and (b), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 The Mining and Minerals Policy Act of 1970, referred to in subsec. (a)(12), is Pub. L. 91631 Dec. 31, 1970 84 Stat. 1876 section 21a of Title 30 Statutory Notes and Related Subsidiaries Short Title of 2018 Amendment Pub. L. 115141, div. O,  101(a) Mar. 23, 2018 132 Stat. 1059 Pub. L. 1166,  7(2) Feb. 15, 2019 133 Stat. 15 This division [see Tables for classification] may be cited as the Stephen Sepp Wildfire Suppression Funding and Forest Management Activities Act. Short Title of 2009 Amendment Pub. L. 11188, div. A, title V,  501 Oct. 30, 2009 123 Stat. 2968 This title [enacting sections 1748a and 1748b of this title] may be cited as the Federal Land Assistance, Management, and Enhancement Act of 2009 or FLAME Act of 2009. Short Title of 1988 Amendment Pub. L. 100409,  1 Aug. 20, 1988 102 Stat. 1086 This Act [enacting section 1723 of this title section 1716 of this title Short Title Pub. L. 94579, title I,  101 Oct. 21, 1976 90 Stat. 2744 This Act [see Tables for classification] may be cited as the Federal Land Policy and Management Act of 1976. Savings Provision Pub. L. 94579, title VII,  701 Oct. 21, 1976 90 Stat. 2786  (a) Nothing in this Act, or in any amendment made by this Act [see Short Title note above], shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on the date of approval of this Act [ Oct. 21, 1976 (b) Notwithstanding any provision of this Act, in the event of conflict with or inconsistency between this Act and the Acts of August 28, 1937 50 Stat. 874 43 U.S.C. 1181a118 43 U.S.C. 2601 May 24, 1939 53 Stat. 753 (c) All withdrawals, reservations, classifications, and designations in effect as of the date of approval of this Act shall remain in full force and effect until modified under the provisions of this Act or other applicable law. (d) Nothing in this Act, or in any amendments made by this Act, shall be construed as permitting any person to place, or allow to be placed, spent oil shale, overburden, or byproducts from the recovery of other minerals found with oil shale, on any Federal land other than Federal land which has been leased for the recovery of shale oil under the Act of February 25, 1920 41 Stat. 437 30 U.S.C. 181 (e) Nothing in this Act shall be construed as modifying, revoking, or changing any provision of the Alaska Native Claims Settlement Act ( 85 Stat. 688 43 U.S.C. 1601 (f) Nothing in this Act shall be deemed to repeal any existing law by implication. (g) Nothing in this Act shall be construed as limiting or restricting the power and authority of the United States or (1) as affecting in any way any law governing appropriation or use of, or Federal right to, water on public lands; (2) as expanding or diminishing Federal or State jurisdiction, responsibility, interests, or rights in water resources development or control; (3) as displacing, superseding, limiting, or modifying any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more States or of two or more States and the Federal Government; (4) as superseding, modifying, or repealing, except as specifically set forth in this Act, existing laws applicable to the various Federal agencies which are authorized to develop or participate in the development of water resources or to exercise licensing or regulatory functions in relation thereto; (5) as modifying the terms of any interstate compact; (6) as a limitation upon any State criminal statute or upon the police power of the respective States, or as derogating the authority of a local police officer in the performance of his duties, or as depriving any State or political subdivision thereof of any right it may have to exercise civil and criminal jurisdiction on the national resource lands; or as amending, limiting, or infringing the existing laws providing grants of lands to the States. (h) All actions by the Secretary concerned under this Act shall be subject to valid existing rights. (i) The adequacy of reports required by this Act to be submitted to the Congress or its committees shall not be subject to judicial review. (j) Nothing in this Act shall be construed as affecting the distribution of livestock grazing revenues to local governments under the Granger-Thye Act ( 64 Stat. 85 16 U.S.C. 580h May 23, 1908 35 Stat. 260 16 U.S.C. 500 March 4, 1913 37 Stat. 843 16 U.S.C. 501 June 20, 1910 36 Stat. 557 Severability Pub. L. 94579, title VII,  707 Oct. 21, 1976 90 Stat. 2794 If any provision of this Act [see Short Title note set out above] or the application thereof is held invalid, the remainder of the Act and the application thereof shall not be affected thereby. References to Division O of Pub. L. 115141 Pub. L. 115141, div. O,  101(b) Mar. 23, 2018 132 Stat. 1059 Pub. L. 1166,  7(2) Feb. 15, 2019 133 Stat. 15 A reference to the Wildfire Suppression Funding and Forest Management Activities Act [div. O of Pub. L. 115141 Existing Rights-of-Way Pub. L. 94579, title VII,  706(b) Oct. 21, 1976 90 Stat. 2794 Nothing in section 706(a) [see Tables for classification], except as it pertains to rights-of-way, may be construed as affecting the authority of the Secretary of Agriculture under the Act of June 4, 1897 30 Stat. 35 16 U.S.C. 551 July 22, 1937 50 Stat. 525 7 U.S.C. 1010121 September 3, 1954 68 Stat. 1146 43 U.S.C. 931c  1702. Definitions Without altering in any way the meaning of the following terms as used in any other statute, whether or not such statute is referred to in, or amended by, this Act, as used in this Act (a) The term areas of critical environmental concern means areas within the public lands where special management attention is required (when such areas are developed or used or where no development is required) to protect and prevent irreparable damage to important historic, cultural, or scenic values, fish and wildlife resources or other natural systems or processes, or to protect life and safety from natural hazards. (b) The term holder means any State or local governmental entity, individual, partnership, corporation, association, or other business entity receiving or using a right-of-way under subchapter V of this chapter. (c) The term multiple use means the management of the public lands and their various resource values so that they are utilized in the combination that will best meet the present and future needs of the American people; making the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; the use of some land for less than all of the resources; a combination of balanced and diverse resource uses that takes into account the long-term needs of future generations for renewable and nonrenewable resources, including, but not limited to, recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historical values; and harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the quality of the environment with consideration being given to the relative values of the resources and not necessarily to the combination of uses that will give the greatest economic return or the greatest unit output. (d) The term public involvement means the opportunity for participation by affected citizens in rulemaking, decisionmaking, and planning with respect to the public lands, including public meetings or hearings held at locations near the affected lands, or advisory mechanisms, or such other procedures as may be necessary to provide public comment in a particular instance. (e) The term public lands means any land and interest in land owned by the United States within the several States and administered by the Secretary of the Interior through the Bureau of Land Management, without regard to how the United States acquired ownership, except (1) lands located on the Outer Continental Shelf; and (2) lands held for the benefit of Indians, Aleuts, and Eskimos. (f) The term right-of-way includes an easement, lease, permit, or license to occupy, use, or traverse public lands granted for the purpose listed in subchapter V of this chapter. (g) The term Secretary, unless specifically designated otherwise, means the Secretary of the Interior. (h) The term sustained yield means the achievement and maintenance in perpetuity of a high-level annual or regular periodic output of the various renewable resources of the public lands consistent with multiple use. (i) The term wilderness as used in section 1782 of this title section 1131(c) of title 16 (j) The term withdrawal means withholding an area of Federal land from settlement, sale, location, or entry, under some or all of the general land laws, for the purpose of limiting activities under those laws in order to maintain other public values in the area or reserving the area for a particular public purpose or program; or transferring jurisdiction over an area of Federal land, other than property governed by the Federal Property and Administrative Services Act, as amended ( 40 U.S.C. 472 1 1 (k) An allotment management plan means a document prepared in consultation with the lessees or permittees involved, which applies to livestock operations on the public lands or on lands within National Forests in the eleven contiguous Western States and which: (1) prescribes the manner in, and extent to, which livestock operations will be conducted in order to meet the multiple-use, sustained-yield, economic and other needs and objectives as determined for the lands by the Secretary concerned; and (2) describes the type, location, ownership, and general specifications for the range improvements to be installed and maintained on the lands to meet the livestock grazing and other objectives of land management; and (3) contains such other provisions relating to livestock grazing and other objectives found by the Secretary concerned to be consistent with the provisions of this Act and other applicable law. (l) The term principal or major uses includes, and is limited to, domestic livestock grazing, fish and wildlife development and utilization, mineral exploration and production, rights-of-way, outdoor recreation, and timber production. (m) The term department means a unit of the executive branch of the Federal Government which is headed by a member of the Presidents Cabinet and the term agency means a unit of the executive branch of the Federal Government which is not under the jurisdiction of a head of a department. (n) The term Bureau 2 2 (o) The term eleven contiguous Western States means the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. (p) The term grazing permit and lease means any document authorizing use of public lands or lands in National Forests in the eleven contiguous western States for the purpose of grazing domestic livestock. ( Pub. L. 94579, title I,  103 Oct. 21, 1976 90 Stat. 2745  Editorial Notes  References in Text This Act, referred to in the opening par. and in subsec. (k), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 The Federal Property and Administrative Services Act of 1949, referred to in subsec. (j), is act June 30, 1949, ch. 288 63 Stat. 377 Pub. L. 107217 Aug. 21, 2002 116 Stat. 1062 Pub. L. 111350 Jan. 4, 2011 124 Stat. 3677 section 101 of Title 41 section 101 of Title 40 section 101 of Title 41  1703. Cooperative action and sharing of resources by Secretaries of the Interior and Agriculture  In fiscal year 2012 and each fiscal year thereafter, the Secretaries of the Interior and Agriculture, subject to annual review of Congress, may establish programs to conduct projects, planning, permitting, leasing, contracting and other activities, either jointly or on behalf of one another; may co-locate in Federal offices and facilities leased by an agency of either Department; and may promulgate special rules as needed to test the feasibility of issuing unified permits, applications, and leases. The Secretaries of the Interior and Agriculture may make reciprocal delegations of their respective authorities, duties and responsibilities in support of the Service First initiative agency-wide to promote customer service and efficiency. Nothing herein shall alter, expand or limit the applicability of any public law or regulation to lands administered by the Bureau of Land Management, National Park Service, Fish and Wildlife Service, or the Forest Service or matters under the purview of other bureaus or offices of either Department. To facilitate the sharing of resources under the Service First initiative, the Secretaries of the Interior and Agriculture may make transfers of funds and reimbursement of funds on an annual basis, including transfers and reimbursements for multi-year projects, except that this authority may not be used to circumvent requirements and limitations imposed on the use of funds. ( Pub. L. 106291, title III,  330 Oct. 11, 2000 114 Stat. 996 Pub. L. 10954, title IV,  428 Aug. 2, 2005 119 Stat. 555 Pub. L. 1118, div. E, title IV,  418 Mar. 11, 2009 123 Stat. 747 Pub. L. 11274, div. E, title IV,  422 Dec. 23, 2011 125 Stat. 1045 Pub. L. 11376, div. G, title IV,  430 Jan. 17, 2014 128 Stat. 345  Editorial Notes Codification Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 2001, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter. Section was formerly set out as a note under section 1701 of this title Amendments 2014 Pub. L. 11376 2011 Pub. L. 11274 2009 Pub. L. 1118 2005 Pub. L. 10954 SUBCHAPTER II LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION  1711. Continuing inventory and identification of public lands; preparation and maintenance (a) The Secretary shall prepare and maintain on a continuing basis an inventory of all public lands and their resource and other values (including, but not limited to, outdoor recreation and scenic values), giving priority to areas of critical environmental concern. This inventory shall be kept current so as to reflect changes in conditions and to identify new and emerging resource and other values. The preparation and maintenance of such inventory or the identification of such areas shall not, of itself, change or prevent change of the management or use of public lands. (b) As funds and manpower are made available, the Secretary shall ascertain the boundaries of the public lands; provide means of public identification thereof including, where appropriate, signs and maps; and provide State and local governments with data from the inventory for the purpose of planning and regulating the uses of non-Federal lands in proximity of such public lands. ( Pub. L. 94579, title II,  201 Oct. 21, 1976 90 Stat. 2747  1712. Land use plans (a) Development, maintenance, and revision by Secretary The Secretary shall, with public involvement and consistent with the terms and conditions of this Act, develop, maintain, and, when appropriate, revise land use plans which provide by tracts or areas for the use of the public lands. Land use plans shall be developed for the public lands regardless of whether such lands previously have been classified, withdrawn, set aside, or otherwise designated for one or more uses. (b) Coordination of plans for National Forest System lands with Indian land use planning and management programs for purposes of development and revision In the development and revision of land use plans, the Secretary of Agriculture shall coordinate land use plans for lands in the National Forest System with the land use planning and management programs of and for Indian tribes by, among other things, considering the policies of approved tribal land resource management programs. (c) Criteria for development and revision In the development and revision of land use plans, the Secretary shall (1) use and observe the principles of multiple use and sustained yield set forth in this and other applicable law; (2) use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences; (3) give priority to the designation and protection of areas of critical environmental concern; (4) rely, to the extent it is available, on the inventory of the public lands, their resources, and other values; (5) consider present and potential uses of the public lands; (6) consider the relative scarcity of the values involved and the availability of alternative means (including recycling) and sites for realization of those values; (7) weigh long-term benefits to the public against short-term benefits; (8) provide for compliance with applicable pollution control laws, including State and Federal air, water, noise, or other pollution standards or implementation plans; and (9) to the extent consistent with the laws governing the administration of the public lands, coordinate the land use inventory, planning, and management activities of or for such lands with the land use planning and management programs of other Federal departments and agencies and of the States and local governments within which the lands are located, including, but not limited to, the statewide outdoor recreation plans developed under chapter 2003 of title 54, and of or for Indian tribes by, among other things, considering the policies of approved State and tribal land resource management programs. In implementing this directive, the Secretary shall, to the extent he finds practical, keep apprised of State, local, and tribal land use plans; assure that consideration is given to those State, local, and tribal plans that are germane in the development of land use plans for public lands; assist in resolving, to the extent practical, inconsistencies between Federal and non-Federal Government plans, and shall provide for meaningful public involvement of State and local government officials, both elected and appointed, in the development of land use programs, land use regulations, and land use decisions for public lands, including early public notice of proposed decisions which may have a significant impact on non-Federal lands. Such officials in each State are authorized to furnish advice to the Secretary with respect to the development and revision of land use plans, land use guidelines, land use rules, and land use regulations for the public lands within such State and with respect to such other land use matters as may be referred to them by him. Land use plans of the Secretary under this section shall be consistent with State and local plans to the maximum extent he finds consistent with Federal law and the purposes of this Act. (d) Review and inclusion of classified public lands; review of existing land use plans; modification and termination of classifications Any classification of public lands or any land use plan in effect on October 21, 1976 (e) Management decisions for implementation of developed or revised plans The Secretary may issue management decisions to implement land use plans developed or revised under this section in accordance with the following: (1) Such decisions, including but not limited to exclusions (that is, total elimination) of one or more of the principal or major uses made by a management decision shall remain subject to reconsideration, modification, and termination through revision by the Secretary or his delegate, under the provisions of this section, of the land use plan involved. (2) Any management decision or action pursuant to a management decision that excludes (that is, totally eliminates) one or more of the principal or major uses for two or more years with respect to a tract of land of one hundred thousand acres or more shall be reported by the Secretary to the House of Representatives and the Senate. If within ninety days from the giving of such notice (exclusive of days on which either House has adjourned for more than three consecutive days), the Congress adopts a concurrent resolution of nonapproval of the management decision or action, then the management decision or action shall be promptly terminated by the Secretary. If the committee to which a resolution has been referred during the said ninety day period, has not reported it at the end of thirty calendar days after its referral, it shall be in order to either discharge the committee from further consideration of such resolution or to discharge the committee from consideration of any other resolution with respect to the management decision or action. A motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported such a resolution), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. If the motion to discharge is agreed to or disagreed to, the motion may not be made with respect to any other resolution with respect to the same management decision or action. When the committee has reprinted, or has been discharged from further consideration of a resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. (3) Withdrawals made pursuant to section 1714 of this title 30 U.S.C. 21 section 1714 of this title Provided (f) Procedures applicable to formulation of plans and programs for public land management The Secretary shall allow an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans and programs relating to the management of the public lands. ( Pub. L. 94579, title II,  202 Oct. 21, 1976 90 Stat. 2747 Pub. L. 113287,  5 l Dec. 19, 2014 128 Stat. 3271  Editorial Notes  References in Text This Act, referred to in subsecs. (a) and (c)(9), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 The Mining Law of 1872, as amended, referred to in subsec. (e)(3), is act May 10, 1872, ch. 152 17 Stat. 91 Amendments 2014Subsec. (c)(9). Pub. L. 113287 September 3, 1964 78 Stat. 897  1713. Sales of public land tracts (a) Criteria for disposal; excepted lands A tract of the public lands (except land in units of the National Wilderness Preservation System, National Wild and Scenic Rivers Systems, and National System of Trails) may be sold under this Act where, as a result of land use planning required under section 1712 of this title (1) such tract because of its location or other characteristics is difficult and uneconomic to manage as part of the public lands, and is not suitable for management by another Federal department or agency; or (2) such tract was acquired for a specific purpose and the tract is no longer required for that or any other Federal purpose; or (3) disposal of such tract will serve important public objectives, including but not limited to, expansion of communities and economic development, which cannot be achieved prudently or feasibly on land other than public land and which outweigh other public objectives and values, including, but not limited to, recreation and scenic values, which would be served by maintaining such tract in Federal ownership. (b) Conveyance of land of agricultural value and desert in character Where the Secretary determines that land to be conveyed under clause (3) of subsection (a) of this section is of agricultural value and is desert in character, such land shall be conveyed either under the sale authority of this section or in accordance with other existing law. (c) Congressional approval procedures applicable to tracts in excess of two thousand five hundred acres Where a tract of the public lands in excess of two thousand five hundred acres has been designated for sale, such sale may be made only after the end of the ninety days (not counting days on which the House of Representatives or the Senate has adjourned for more than three consecutive days) beginning on the day the Secretary has submitted notice of such designation to the Senate and the House of Representatives, and then only if the Congress has not adopted a concurrent resolution stating that such House does not approve of such designation. If the committee to which a resolution has been referred during the said ninety day period, has not reported it at the end of thirty calendar days after its referral, it shall be in order to either discharge the committee from further consideration of such resolution or to discharge the committee from consideration of any other resolution with respect to the designation. A motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported such a resolution), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. If the motion to discharge is agreed to or disagreed to, the motion may not be made with respect to any other resolution with respect to the same designation. When the committee has reprinted, or has been discharged from further consideration of a resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. (d) Sale price Sales of public lands shall be made at a price not less than their fair market value as determined by the Secretary. (e) Maximum size of tracts The Secretary shall determine and establish the size of tracts of public lands to be sold on the basis of the land use capabilities and development requirements of the lands; and, where any such tract which is judged by the Secretary to be chiefly valuable for agriculture is sold, its size shall be no larger than necessary to support a family-sized farm. (f) Competitive bidding requirements Sales of public lands under this section shall be conducted under competitive bidding procedures to be established by the Secretary. However, where the Secretary determines it necessary and proper in order (1) to assure equitable distribution among purchasers of lands, or (2) to recognize equitable considerations or public policies, including but not limited to, a preference to users, he may sell those lands with modified competitive bidding or without competitive bidding. In recognizing public policies, the Secretary shall give consideration to the following potential purchasers: (1) the State in which the land is located; (2) the local government entities in such State which are in the vicinity of the land; (3) adjoining landowners; (4) individuals; and (5) any other person. (g) Acceptance or rejection of offers to purchase The Secretary shall accept or reject, in writing, any offer to purchase made through competitive bidding at his invitation no later than thirty days after the receipt of such offer or, in the case of a tract in excess of two thousand five hundred acres, at the end of thirty days after the end of the ninety-day period provided in subsection (c) of this section, whichever is later, unless the offeror waives his right to a decision within such thirty-day period. Prior to the expiration of such periods the Secretary may refuse to accept any offer or may withdraw any land or interest in land from sale under this section when he determines that consummation of the sale would not be consistent with this Act or other applicable law. ( Pub. L. 94579, title II,  203 Oct. 21, 1976 90 Stat. 2750  Editorial Notes  References in Text This Act, referred to in subsecs. (a) and (g), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743  1714. Withdrawals of lands (a) Authorization and limitation; delegation of authority On and after the effective date of this Act the Secretary is authorized to make, modify, extend, or revoke withdrawals but only in accordance with the provisions and limitations of this section. The Secretary may delegate this withdrawal authority only to individuals in the Office of the Secretary who have been appointed by the President, by and with the advice and consent of the Senate. (b) Application and procedures applicable subsequent to submission of application (1) Within thirty days of receipt of an application for withdrawal, and whenever he proposes a withdrawal on his own motion, the Secretary shall publish a notice in the Federal Register stating that the application has been submitted for filing or the proposal has been made and the extent to which the land is to be segregated while the application is being considered by the Secretary. Upon publication of such notice the land shall be segregated from the operation of the public land laws to the extent specified in the notice. The segregative effect of the application shall terminate upon (a) rejection of the application by the Secretary, (b) withdrawal of lands by the Secretary, or (c) the expiration of two years from the date of the notice. (2) The publication provisions of this subsection are not applicable to withdrawals under subsection (e) hereof. (c) Congressional approval procedures applicable to withdrawals aggregating five thousand acres or more (1) On and after October 21, 1976 (2) With the notices required by subsection (c)(1) of this section and within three months after filing the notice under subsection (e) of this section, the Secretary shall furnish to the committees (1) a clear explanation of the proposed use of the land involved which led to the withdrawal; (2) an inventory and evaluation of the current natural resource uses and values of the site and adjacent public and nonpublic land and how it appears they will be affected by the proposed use, including particularly aspects of use that might cause degradation of the environment, and also the economic impact of the change in use on individuals, local communities, and the Nation; (3) an identification of present users of the land involved, and how they will be affected by the proposed use; (4) an analysis of the manner in which existing and potential resource uses are incompatible with or in conflict with the proposed use, together with a statement of the provisions to be made for continuation or termination of existing uses, including an economic analysis of such continuation or termination; (5) an analysis of the manner in which such lands will be used in relation to the specific requirements for the proposed use; (6) a statement as to whether any suitable alternative sites are available (including cost estimates) for the proposed use or for uses such a withdrawal would displace; (7) a statement of the consultation which has been or will be had with other Federal departments and agencies, with regional, State, and local government bodies, and with other appropriate individuals and groups; (8) a statement indicating the effect of the proposed uses, if any, on State and local government interests and the regional economy; (9) a statement of the expected length of time needed for the withdrawal; (10) the time and place of hearings and of other public involvement concerning such withdrawal; (11) the place where the records on the withdrawal can be examined by interested parties; and (12) a report prepared by a qualified mining engineer, engineering geologist, or geologist which shall include but not be limited to information on: general geology, known mineral deposits, past and present mineral production, mining claims, mineral leases, evaluation of future mineral potential, present and potential market demands. (d) Withdrawals aggregating less than five thousand acres; procedure applicable A withdrawal aggregating less than five thousand acres may be made under this subsection by the Secretary on his own motion or upon request by a department or an agency head (1) for such period of time as he deems desirable for a resource use; or (2) for a period of not more than twenty years for any other use, including but not limited to use for administrative sites, location of facilities, and other proprietary purposes; or (3) for a period of not more than five years to preserve such tract for a specific use then under consideration by the Congress. (e) Emergency withdrawals; procedure applicable; duration When the Secretary determines, or when the Committee on Natural Resources of the House of Representatives or the Committee on Energy and Natural Resources of the Senate notifies the Secretary, that an emergency situation exists and that extraordinary measures must be taken to preserve values that would otherwise be lost, the Secretary notwithstanding the provisions of subsections (c)(1) and (d) of this section, shall immediately make a withdrawal and file notice of such emergency withdrawal with both of those Committees. Such emergency withdrawal shall be effective when made but shall last only for a period not to exceed three years and may not be extended except under the provisions of subsection (c)(1) or (d), whichever is applicable, and (b)(1) of this section. The information required in subsection (c)(2) of this subsection 1 1 (f) Review of existing withdrawals and extensions; procedure applicable to extensions; duration All withdrawals and extensions thereof, whether made prior to or after October 21, 1976 (g) Processing and adjudication of existing applications All applications for withdrawal pending on October 21, 1976 October 21, 1976 (h) Public hearing required for new withdrawals All new withdrawals made by the Secretary under this section (except an emergency withdrawal made under subsection (e) of this section) shall be promulgated after an opportunity for a public hearing. (i) Consent for withdrawal of lands under administration of department or agency other than Department of the Interior In the case of lands under the administration of any department or agency other than the Department of the Interior, the Secretary shall make, modify, and revoke withdrawals only with the consent of the head of the department or agency concerned, except when the provisions of subsection (e) of this section apply. (j) Applicability of other Federal laws withdrawing lands as limiting authority The Secretary shall not make, modify, or revoke any withdrawal created by Act of Congress; make a withdrawal which can be made only by Act of Congress; modify or revoke any withdrawal creating national monuments under chapter 3203 of title 54; or modify, or revoke any withdrawal which added lands to the National Wildlife Refuge System prior to October 21, 1976 February 27, 1976 90 Stat. 199 16 U.S.C. 668dd(a) (k) Authorization of appropriations for processing applications There is hereby authorized to be appropriated the sum of $10,000,000 for the purpose of processing withdrawal applications pending on the effective date of this Act, to be available until expended. (l) Review of existing withdrawals in certain States; procedure applicable for determination of future status of lands; authorization of appropriations (1) The Secretary shall, within fifteen years of October 21, 1976 October 21, 1976 October 21, 1976 17 Stat. 91 30 U.S.C. 22 41 Stat. 437 30 U.S.C. 181 (2) In the review required by paragraph (1) of this subsection, the Secretary shall determine whether, and for how long, the continuation of the existing withdrawal of the lands would be, in his judgment, consistent with the statutory objectives of the programs for which the lands were dedicated and of the other relevant programs. The Secretary shall report his recommendations to the President, together with statements of concurrence or nonconcurrence submitted by the heads of the departments or agencies which administer the lands. The President shall transmit this report to the President of the Senate and the Speaker of the House of Representatives, together with his recommendations for action by the Secretary, or for legislation. The Secretary may act to terminate withdrawals other than those made by Act of the Congress in accordance with the recommendations of the President unless before the end of ninety days (not counting days on which the Senate and the House of Representatives has adjourned for more than three consecutive days) beginning on the day the report of the President has been submitted to the Senate and the House of Representatives the Congress has adopted a concurrent resolution indicating otherwise. If the committee to which a resolution has been referred during the said ninety day period, has not reported it at the end of thirty calendar days after its referral, it shall be in order to either discharge the committee from further consideration of such resolution or to discharge the committee from consideration of any other resolution with respect to the Presidential recommendation. A motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported such a resolution), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. If the motion to discharge is agreed to or disagreed to, the motion may not be made with respect to any other resolution with respect to the same Presidential recommendation. When the committee has reprinted, or has been discharged from further consideration of a resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. (3) There are hereby authorized to be appropriated not more than $10,000,000 for the purpose of paragraph (1) of this subsection to be available until expended to the Secretary and to the heads of other departments and agencies which will be involved. ( Pub. L. 94579, title II,  204 Oct. 21, 1976 90 Stat. 2751 Pub. L. 103437,  16(d)(1) Nov. 2, 1994 108 Stat. 4594 Pub. L. 113287,  5 l Dec. 19, 2014 128 Stat. 3271  Editorial Notes  References in Text On and after the effective date of this Act, referred to in subsecs. (a) and (k), probably means on and after the date of enactment of Pub. L. 94579 Oct. 21, 1976 Act of February 27, 1976 90 Stat. 199 16 U.S.C. 668dd(a) Pub. L. 94223 Feb. 27, 1976 90 Stat. 199 section 668dd of Title 16 This Act, referred to in subsec. (j), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 The Mining Law of 1872 ( 17 Stat. 91 30 U.S.C. 22 l act May 10, 1972, ch. 152 17 Stat. 91 The Mineral Leasing Act of 1920 ( 41 Stat. 437 30 U.S.C. 181 l act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of Title 30 Amendments 2014Subsec. (j). Pub. L. 113287 June 8, 1906 34 Stat. 225 16 U.S.C. 431433 1994Subsec. (e). Pub. L. 103437,  16(d)(1)(A) Subsec. (f). Pub. L. 103437,  16(d)(1)(B)  1715. Acquisitions of public lands and access over non-Federal lands to National Forest System units (a) Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture Notwithstanding any other provisions of law, the Secretary, with respect to the public lands and the Secretary of Agriculture, with respect to the acquisition of access over non-Federal lands to units of the National Forest System, are authorized to acquire pursuant to this Act by purchase, exchange, donation, or eminent domain, lands or interests therein: Provided (b) Conformity to departmental policies and land-use plan of acquisitions Acquisitions pursuant to this section shall be consistent with the mission of the department involved and with applicable departmental land-use plans. (c) Status of lands and interests in lands upon acquisition by Secretary of the Interior; transfers to Secretary of Agriculture of lands and interests in lands acquired within National Forest System boundaries Except as provided in subsection (e), lands and interests in lands acquired by the Secretary pursuant to this section or section 1716 of this title section 315 of this title (d) Status of lands and interests in lands upon acquisition by Secretary of Agriculture Lands and interests in lands acquired by the Secretary of Agriculture pursuant to this section shall, upon acceptance of title, become National Forest System lands subject to all the laws, rules, and regulations applicable thereto. (e) Status and administration of lands acquired in exchange for lands revested in or reconveyed to United States Lands acquired by the Secretary pursuant to this section or section 1716 of this title June 9, 1916 39 Stat. 218 February 26, 1919 40 Stat. 1179 ( Pub. L. 94579, title II,  205 Oct. 21, 1976 90 Stat. 2755 Pub. L. 99632,  5 Nov. 7, 1986 100 Stat. 3521  Editorial Notes  References in Text This Act, referred to in subsecs. (a) and (c), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 Act of June 9, 1916 Act of February 26, 1919 act Feb. 26, 1919, ch. 47 40 Stat. 1179 Amendments 1986Subsec. (c). Pub. L. 99632,  5(1) Subsec. (e). Pub. L. 99632,  5(2)  1716. Exchanges of public lands or interests therein within the National Forest System (a) Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture A tract of public land or interests therein may be disposed of by exchange by the Secretary under this Act and a tract of land or interests therein within the National Forest System may be disposed of by exchange by the Secretary of Agriculture under applicable law where the Secretary concerned determines that the public interest will be well served by making that exchange: Provided (b) Implementation requirements; cash equalization waiver In exercising the exchange authority granted by subsection (a) or by section 1715(a) of this title (c) Status of lands acquired upon exchange by Secretary of the Interior Lands acquired by the Secretary by exchange under this section which are within the boundaries of any unit of the National Forest System, National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Trails System, National Wilderness Preservation System, or any other system established by Act of Congress, or the boundaries of the California Desert Conservation Area, or the boundaries of any national conservation area or national recreation area established by Act of Congress, upon acceptance of title by the United States shall immediately be reserved for and become a part of the unit or area within which they are located, without further action by the Secretary, and shall thereafter be managed in accordance with all laws, rules, and regulations applicable to such unit or area. (d) Appraisal of land; submission to arbitrator; determination to proceed or withdraw from exchange; use of other valuation process; suspension of deadlines (1) No later than ninety days after entering into an agreement to initiate an exchange of land or interests therein pursuant to this Act or other applicable law, the Secretary concerned and other party or parties involved in the exchange shall arrange for appraisal (to be completed within a time frame and under such terms as are negotiated by the parties) of the lands or interests therein involved in the exchange in accordance with subsection (f) of this section. (2) If within one hundred and eighty days after the submission of an appraisal or appraisals for review and approval by the Secretary concerned, the Secretary concerned and the other party or parties involved cannot agree to accept the findings of an appraisal or appraisals, the appraisal or appraisals shall be submitted to an arbitrator appointed by the Secretary from a list of arbitrators submitted to him by the American Arbitration Association for arbitration to be conducted in accordance with the real estate valuation arbitration rules of the American Arbitration Association. Such arbitration shall be binding for a period of not to exceed two years on the Secretary concerned and the other party or parties involved in the exchange insofar as concerns the value of the lands which were the subject of the appraisal or appraisals. (3) Within thirty days after the completion of the arbitration, the Secretary concerned and the other party or parties involved in the exchange shall determine whether to proceed with the exchange, modify the exchange to reflect the findings of the arbitration or any other factors, or to withdraw from the exchange. A decision to withdraw from the exchange may be made by either the Secretary concerned or the other party or parties involved. (4) Instead of submitting the appraisal to an arbitrator, as provided in paragraph (2) of this section, 1 1 (5) The Secretary concerned and the other party or parties involved in an exchange may mutually agree to suspend or modify any of the deadlines contained in this subsection. (e) Simultaneous issue of patents or titles Unless mutually agreed otherwise by the Secretary concerned and the other party or parties involved in an exchange pursuant to this Act or other applicable law, all patents or titles to be issued for land or interests therein to be acquired by the Federal Government and lands or interest therein to be transferred out of Federal ownership shall be issued simultaneously after the Secretary concerned has taken any necessary steps to assure that the United States will receive acceptable title. (f) New rules and regulations; appraisal rules and regulations; costs and other responsibilities or requirements defined (1) Within one year after August 20, 1988 (2) The provisions of the rules and regulations issued pursuant to paragraph (1) of this subsection governing appraisals shall reflect nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions: Provided, however (A) ensure that the same nationally approved appraisal standards are used in appraising lands or interest therein being acquired by the Federal Government and appraising lands or interests therein being transferred out of Federal ownership; and (B) with respect to costs or other responsibilities or requirements associated with land exchanges (i) recognize that the parties involved in an exchange may mutually agree that one party (or parties) will assume, without compensation, all or part of certain costs or other responsibilities or requirements ordinarily borne by the other party or parties; and (ii) also permit the Secretary concerned, where such Secretary determines it is in the public interest and it is in the best interest of consummating an exchange pursuant to this Act or other applicable law, and upon mutual agreement of the parties, to make adjustments to the relative values involved in an exchange transaction in order to compensate a party or parties to the exchange for assuming costs or other responsibilities or requirements which would ordinarily be borne by the other party or parties. As used in this subparagraph, the term costs or other responsibilities or requirements shall include, but not be limited to, costs or other requirements associated with land surveys and appraisals, mineral examinations, title searches, archeological surveys and salvage, removal of encumbrances, arbitration pursuant to subsection (d) of this section, curing deficiencies preventing highest and best use, and other costs to comply with laws, regulations and policies applicable to exchange transactions, or which are necessary to bring the Federal or non-Federal lands or interests involved in the exchange to their highest and best use for the appraisal and exchange purposes. Prior to making any adjustments pursuant to this subparagraph, the Secretary concerned shall be satisfied that the amount of such adjustment is reasonable and accurately reflects the approximate value of any costs or services provided or any responsibilities or requirements assumed. (g) Exchanges to proceed under existing laws and regulations pending new rules and regulations Until such time as new and comprehensive rules and regulations governing exchange of land and interests therein are promulgated pursuant to subsection (f) of this section, land exchanges may proceed in accordance with existing laws and regulations, and nothing in the Act shall be construed to require any delay in, or otherwise hinder, the processing and consummation of land exchanges pending the promulgation of such new and comprehensive rules and regulations. Where the Secretary concerned and the party or parties involved in an exchange have agreed to initiate an exchange of land or interests therein prior to the day of enactment of such subsections, subsections (d) through (i) of this section shall not apply to such exchanges unless the Secretary concerned and the party or parties involved in the exchange mutually agree otherwise. (h) Exchange of lands or interests of approximately equal value; conditions; approximately equal value defined (1) Notwithstanding the provisions of this Act and other applicable laws which require that exchanges of land or interests therein be for equal value, where the Secretary concerned determines it is in the public interest and that the consummation of a particular exchange will be expedited thereby, the Secretary concerned may exchange lands or interests therein which are of approximately equal value in cases where (A) the combined value of the lands or interests therein to be transferred from Federal ownership by the Secretary concerned in such exchange is not more than $150,000; and (B) the Secretary concerned finds in accordance with the regulations to be promulgated pursuant to subsection (f) of this section that a determination of approximately equal value can be made without formal appraisals, as based on a statement of value made by a qualified appraiser and approved by an authorized officer; and (C) the definition of and procedure for determining approximately equal value has been set forth in regulations by the Secretary concerned and the Secretary concerned documents how such determination was made in the case of the particular exchange involved. (2) As used in this subsection, the term approximately equal value shall have the same meaning with respect to lands managed by the Secretary of Agriculture as it does in the Act of January 22, 1983 (i) Segregation from appropriation under mining and public land laws (1) Upon receipt of an offer to exchange lands or interests in lands pursuant to this Act or other applicable laws, at the request of the head of the department or agency having jurisdiction over the lands involved, the Secretary of the Interior may temporarily segregate the Federal lands under consideration for exchange from appropriation under the mining laws. Such temporary segregation may only be made for a period of not to exceed five years. Upon a decision not to proceed with the exchange or upon deletion of any particular parcel from the exchange offer, the Federal lands involved or deleted shall be promptly restored to their former status under the mining laws. Any segregation pursuant to this paragraph shall be subject to valid existing rights as of the date of such segregation. (2) All non-Federal lands which are acquired by the United States through exchange pursuant to this Act or pursuant to other law applicable to lands managed by the Secretary of Agriculture shall be automatically segregated from appropriation under the public land law, including the mining laws, for ninety days after acceptance of title by the United States. Such segregation shall be subject to valid existing rights as of the date of such acceptance of title. At the end of such ninety day period, such segregation shall end and such lands shall be open to operation of the public land laws and to entry, location, and patent under the mining laws except to the extent otherwise provided by this Act or other applicable law, or appropriate actions pursuant thereto. ( Pub. L. 94579, title II,  206 Oct. 21, 1976 90 Stat. 2756 Pub. L. 100409 Aug. 20, 1988 102 Stat. 1087  Editorial Notes  References in Text This Act, referred to in subsecs. (a), (b), (d)(1), (e), (f)(1), (2)(B)(ii), (g), (h)(1), and (i), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 Act of January 22, 1983 Pub. L. 97465 Jan. 12, 1983 96 Stat. 2535 section 484a of Title 16 Amendments 1988Subsec. (b). Pub. L. 100409,  3(b) Pub. L. 100409,  9 Subsec. (c). Pub. L. 100409,  3(c) Subsecs. (d) to (i). Pub. L. 100409,  3(a) Statutory Notes and Related Subsidiaries Congressional Statement of Findings and Purposes Pub. L. 100409,  2 Aug. 20, 1988 102 Stat. 1086  (a)  Findings The Congress finds and declares that (1) land exchanges are a very important tool for Federal and State land managers and private landowners to consolidate Federal, State, and private holdings of land or interests in land for purposes of more efficient management and to secure important objectives including the protection of fish and wildlife habitat and aesthetic values; the enhancement of recreation opportunities; the consolidation of mineral and timber holdings for more logical and efficient development; the expansion of communities; the promotion of multiple-use values; and fulfillment of public needs; (2) needs for land ownership adjustments and consolidation consistently outpace available funding for land purchases by the Federal Government and thereby make land exchanges an increasingly important method of land acquisition and consolidation for both Federal and State land managers and private landowners; (3) the Federal Land Policy and Management Act of 1976 [ Pub. L. 94579 section 1701 of this title (4) such existing laws are in need of certain revisions to streamline and facilitate land exchange procedures and expedite exchanges. (b)  Purposes The purposes of this Act [see Short Title of 1988 Amendment note set out under section 1701 of this title (1) to facilitate and expedite land exchanges pursuant to the Federal Land Policy and Management Act of 1976 and other laws applicable to exchanges involving lands managed by the Departments of the Interior and Agriculture by (A) providing more uniform rules and regulations pertaining to land appraisals which reflect nationally recognized appraisal standards; and (B) establishing procedures and guidelines for the resolution of appraisal disputes.[;] (2) to provide sufficient resources to the Secretaries of the Interior and Agriculture to ensure that land exchange activities can proceed consistent with the public interest; and (3) to require a study and report concerning improvements in the handling of certain information related to Federal and other lands. Land Exchange Funding Authorization Pub. L. 100409,  4 Aug. 20, 1988 102 Stat. 1090 In order to ensure that there are increased funds and personnel available to the Secretaries of the Interior and Agriculture to consider, process, and consummate land exchanges pursuant to the Federal Land Policy and Management Act of 1976 [ Pub. L. 94579 section 1701 of this title Savings Provision Pub. L. 100409,  5 Aug. 20, 1988 102 Stat. 1090 Nothing in this Act [see Short Title of 1988 Amendment note set out under section 1701 of this title Public Law 92203 43 U.S.C. 1601 Public Law 96487  1717. Qualifications of conveyees  No tract of land may be disposed of under this Act, whether by sale, exchange, or donation, to any person who is not a citizen of the United States, or in the case of a corporation, is not subject to the laws of any State or of the United States. ( Pub. L. 94579, title II,  207 Oct. 21, 1976 90 Stat. 2757  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743  1718. Documents of conveyance; terms, covenants, etc.  The Secretary shall issue all patents or other documents of conveyance after any disposal authorized by this Act. The Secretary shall insert in any such patent or other document of conveyance he issues, except in the case of land exchanges, for which the provisions of sub section 1716(b) of this title Provided Provided further ( Pub. L. 94579, title II,  208 Oct. 21, 1976 90 Stat. 2757  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743  1719. Mineral interests; reservation and conveyance requirements and procedures (a) All conveyances of title issued by the Secretary, except those involving land exchanges provided for in section 1716 of this title (b) (1) The Secretary, after consultation with the appropriate department or agency head, may convey mineral interests owned by the United States where the surface is or will be in non-Federal ownership, regardless of which Federal entity may have administered the surface, if he finds (1) that there are no known mineral values in the land, or (2) that the reservation of the mineral rights in the United States is interfering with or precluding appropriate nonmineral development of the land and that such development is a more beneficial use of the land than mineral development. (2) Conveyance of mineral interests pursuant to this section shall be made only to the existing or proposed record owner of the surface, upon payment of administrative costs and the fair market value of the interests being conveyed. (3) Before considering an application for conveyance of mineral interests pursuant to this section (i) the Secretary shall require the deposit by the applicant of a sum of money which he deems sufficient to cover administrative costs including, but not limited to, costs of conducting an exploratory program to determine the character of the mineral deposits in the land, evaluating the data obtained under the exploratory program to determine the fair market value of the mineral interests to be conveyed, and preparing and issuing the documents of conveyance: Provided (ii) the applicant, with the consent of the Secretary, shall have conducted, and submitted to the Secretary the results of, such an exploratory program, in accordance with standards promulgated by the Secretary. (4) Moneys paid to the Secretary for administrative costs pursuant to this subsection shall be paid to the agency which rendered the service and deposited to the appropriation then current. ( Pub. L. 94579, title II,  209 Oct. 21, 1976 90 Stat. 2757  1720. Coordination by Secretary of the Interior with State and local governments  At least sixty days prior to offering for sale or otherwise conveying public lands under this Act, the Secretary shall notify the Governor of the State within which such lands are located and the head of the governing body of any political subdivision of the State having zoning or other land use regulatory jurisdiction in the geographical area within which such lands are located, in order to afford the appropriate body the opportunity to zone or otherwise regulate, or change or amend existing zoning or other regulations concerning the use of such lands prior to such conveyance. The Secretary shall also promptly notify such public officials of the issuance of the patent or other document of conveyance for such lands. ( Pub. L. 94579, title II,  210 Oct. 21, 1976 90 Stat. 2758  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743  1721. Conveyances of public lands to States, local governments, etc. (a) Unsurveyed islands; authorization and limitations on authority The Secretary is authorized to convey to States or their political subdivisions under the Recreation and Public Purposes Act ( 44 Stat. 741 43 U.S.C. 869 Provided, however (b) Omitted lands; authorization and limitations on authority (1) The Secretary is authorized to convey to States and their political subdivisions under the Recreation and Public Purposes Act [ 43 U.S.C. 869 Provided (2) The Secretary is authorized to convey to the occupant of any omitted lands which, after survey, are found to have been occupied and developed for a five-year period prior to January 1, 1975 (c) Conformity with land use plans and programs and coordination with State and local governments of conveyances (1) No conveyance shall be made pursuant to this section until the relevant State government, local government, and areawide planning agency designated pursuant to section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 ( 80 Stat. 1255 42 U.S.C. 3334 section 6506 of title 31 (2) The provisions of section 1720 of this title (d) Applicability of other statutory requirements for authorized use of conveyed lands The final sentence of section 1(c) of the Recreation and Public Purposes Act [ 43 U.S.C. 869(c) (e) Limitations on uses of conveyed lands No conveyance pursuant to this section shall be used as the basis for determining the baseline between Federal and State ownership, the boundary of any State for purposes of determining the extent of a States submerged lands or the line of demarcation of Federal jurisdiction, or any similar or related purpose. (f) Applicability to lands within National Forest System, National Park System, National Wildlife Refuge System, and National Wild and Scenic Rivers System The provisions of this section shall not apply to any lands within the National Forest System, defined in the Act of August 17, 1974 88 Stat. 476 16 U.S.C. 1601 (g) Applicability to other statutory provisions authorizing sale of specific omitted lands Nothing in this section shall supersede the provisions of the Act of December 22, 1928 45 Stat. 1069 43 U.S.C. 1068 May 31, 1962 76 Stat. 89 ( Pub. L. 94579, title II,  211 Oct. 21, 1976 90 Stat. 2758  Editorial Notes  References in Text The Recreation and Public Purposes Act, referred to in subsecs. (a) and (b)(1), is act June 14, 1926, ch. 578 44 Stat. 741 section 869 of this title Act of August 17, 1974 88 Stat. 476 16 U.S.C. 1601 Pub. L. 93378 Aug. 17, 1974 88 Stat. 476 section 1609 of Title 16 section 1600 of Title 16 Act of December 22, 1928 45 Stat. 1069 43 U.S.C. 1068 act Dec. 22, 1928, ch. 47 45 Stat. 1069 Act of May 31, 1962 Pub. L. 87469 May 31, 1962 76 Stat. 89 Codification In subsec. (c)(1),  section 6506 of title 31 82 Stat. 1098 42 U.S.C. 4231 Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067  1722. Sale of public lands subject to unintentional trespass (a) Preference right of contiguous landowners; offering price Notwithstanding the provisions of the Act of September 26, 1968 82 Stat. 870 43 U.S.C. 1431143 43 U.S.C. 1432 September 26, 1973 (b) Procedures applicable Within three years after October 21, 1976 September 26, 1973 (c) Time for processing of applications and sales Within five years after October 21, 1976 ( Pub. L. 94579, title II,  214 Oct. 21, 1976 90 Stat. 2760  Editorial Notes  References in Text Act of September 26, 1968 Pub. L. 90516 Sept. 26, 1968 82 Stat. 870 section 1435 of this title September 26, 1968 The effective date of this subsection, referred to in subsec. (a), probably means the date of the enactment of such subsection (a) by Pub. L. 94579 Oct. 21, 1976  1723. Temporary revocation authority (a) Exchange involved When the sole impediment to consummation of an exchange of lands or interests therein (hereinafter referred to as an exchange) determined to be in the public interest, is the inability of the Secretary of the Interior to revoke, modify, or terminate part or all of a withdrawal or classification because of the order (or subsequent modification or continuance thereof) of the United States District Court for the District of Columbia dated February 10, 1986 section 1714 of this title (b) Requirements The authority specified in subsection (a) of this section may be exercised only in cases where (1) a particular exchange is proposed to be carried out pursuant to this Act, as amended, or other applicable law authorizing such an exchange; (2) the proposed exchange has been prepared in compliance with all laws applicable to such exchange; (3) the head of each Federal agency managing the lands proposed for such transfer has submitted to the Secretary of the Interior a statement of concurrence with the proposed revocation, modification, or termination; (4) at least sixty days have elapsed since the Secretary of the Interior has published in the Federal Register a notice of the proposed revocation, modification, or termination; and (5) at least sixty days have elapsed since the Secretary of the Interior has transmitted to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a report which includes (A) a justification for the necessity of exercising such authority in order to complete an exchange; (B) an explanation of the reasons why the continuation of the withdrawal or a classification or portion thereof proposed for revocation, modification, or termination is no longer necessary for the purposes of the statutory or other program or programs for which the withdrawal or classification was made or other relevant programs; (C) assurances that all relevant documents concerning the proposed exchange or purchase for which such authority is proposed to be exercised (including documents related to compliance with the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 (D) an explanation of the effect of the revocation, modification, or termination of a withdrawal or classification or portion thereof and the transfer of lands out of Federal ownership pursuant to the particular proposed exchange, on the objectives of the land management plan which is applicable at the time of such transfer to the land to be transferred out of Federal ownership. (c) Limitations (1) Nothing in this section shall be construed as affirming or denying any of the allegations made by any party in the civil action specified in subsection (a), or as constituting an expression of congressional opinion with respect to the merits of any allegation, contention, or argument made or issue raised by any party in such action, or as expanding or diminishing the jurisdiction of the United States District Court for the District of Columbia. (2) Except as specifically provided in this section, nothing in this section shall be construed as modifying, terminating, revoking, or otherwise affecting any provision of law applicable to land exchanges, withdrawals, or classifications. (3) The availability or exercise of the authority granted in subsection (a) may not be considered by the Secretary of the Interior in making a determination pursuant to this Act or other applicable law as to whether or not any proposed exchange is in the public interest. (d) Termination The authority specified in subsection (a) shall expire either (1) on December 31, 1990 ( Pub. L. 94579, title II,  215 Pub. L. 100409,  10 Aug. 20, 1988 102 Stat. 1092 Pub. L. 103437,  16(d)(2) Nov. 2, 1994 108 Stat. 4595  Editorial Notes  References in Text This Act, referred to in subsecs. (a), (b)(1), and (c)(3), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 The National Environmental Policy Act of 1969, referred to in subsec. (b)(5)(C), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 1994Subsec. (b)(5). Pub. L. 103437 Statutory Notes and Related Subsidiaries Savings Provision See note set out under section 1716 of this title SUBCHAPTER III ADMINISTRATION  1731. Bureau of Land Management (a) Director; appointment, qualifications, functions, and duties The Bureau of Land Management established by Reorganization Plan Numbered 3, of 1946 shall have as its head a Director. Appointments to the position of Director shall hereafter be made by the President, by and with the advice and consent of the Senate. The Director of the Bureau shall have a broad background and substantial experience in public land and natural resource management. He shall carry out such functions and shall perform such duties as the Secretary may prescribe with respect to the management of lands and resources under his jurisdiction according to the applicable provisions of this Act and any other applicable law. (b) Statutory transfer of functions, powers and duties relating to administration of laws Subject to the discretion granted to him by Reorganization Plan Numbered 3 of 1950, the Secretary shall carry out through the Bureau all functions, powers, and duties vested in him and relating to the administration of laws which, on October 21, 1976 October 21, 1976 (c) Associate Director, Assistant Directors, and other employees; appointment and compensation In addition to the Director, there shall be an Associate Director of the Bureau and so many Assistant Directors, and other employees, as may be necessary, who shall be appointed by the Secretary subject to the provisions of title 5 governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter 3 1 1 (d) Existing regulations relating to administration of laws Nothing in this section shall affect any regulation of the Secretary with respect to the administration of laws administered by him through the Bureau on October 21, 1976 ( Pub. L. 94579, title III,  301 Oct. 21, 1976 90 Stat. 2762  Editorial Notes  References in Text The provision of Reorg. Plan No. 3 of 1946 establishing the Bureau of Land Management, referred to in subsec. (a), is section 403 of such Reorg. Plan. Section 403 of Reorg. Plan No. 3 of 1946, also referred to in subsec. (b), is set out as a note under section 1 of this title This Act, referred to in subsecs. (a) and (b), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 Reorganization Plan Numbered 3 of 1950, referred to in subsec. (b), is set out under section 1451 of this title The General Schedule, referred to in subsec. (c), is set out under section 5332 of Title 5 Statutory Notes and Related Subsidiaries Use of Appropriated Funds for Protection of Lands and Surveys of Federal Lands in Alaska Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1378 That appropriations herein [Department of the Interior and Related Agencies Appropriations Act, 1993] made, in fiscal year 1993 and thereafter, may be expended for surveys of Federal lands and on a reimbursable basis for surveys of Federal lands and for protection of lands for the State of Alaska.  1732. Management of use, occupancy, and development of public lands (a) Multiple use and sustained yield requirements applicable; exception The Secretary shall manage the public lands under principles of multiple use and sustained yield, in accordance with the land use plans developed by him under section 1712 of this title (b) Easements, permits, etc., for utilization through habitation, cultivation, and development of small trade or manufacturing concerns; applicable statutory requirements In managing the public lands, the Secretary shall, subject to this Act and other applicable law and under such terms and conditions as are consistent with such law, regulate, through easements, permits, leases, licenses, published rules, or other instruments as the Secretary deems appropriate, the use, occupancy, and development of the public lands, including, but not limited to, long-term leases to permit individuals to utilize public lands for habitation, cultivation, and the development of small trade or manufacturing concerns: Provided section 1767 of this title section 1714 of this title section 1737(b) of this title Provided further section 1781 of this title (c) Revocation or suspension provision in instrument authorizing use, occupancy or development; violation of provision; procedure applicable The Secretary shall insert in any instrument providing for the use, occupancy, or development of the public lands a provision authorizing revocation or suspension, after notice and hearing, of such instrument upon a final administrative finding of a violation of any term or condition of the instrument, including, but not limited to, terms and conditions requiring compliance with regulations under Acts applicable to the public lands and compliance with applicable State or Federal air or water quality standard or implementation plan: Provided Provided further Provided further Provided further (d) Authorization to utilize certain public lands in Alaska for military purposes (1) The Secretary of the Interior, after consultation with the Governor of Alaska, may issue to the Secretary of Defense or to the Secretary of a military department within the Department of Defense or to the Commandant of the Coast Guard a nonrenewable general authorization to utilize public lands in Alaska (other than within a conservation system unit or the Steese National Conservation Area or the White Mountains National Recreation Area) for purposes of military maneuvering, military training, or equipment testing not involving artillery firing, aerial or other gunnery, or other use of live ammunition or ordnance. (2) Use of public lands pursuant to a general authorization under this subsection shall be limited to areas where such use would not be inconsistent with the plans prepared pursuant to section 1712 of this title (A) minimize adverse impacts on the natural, environmental, scientific, cultural, and other resources and values (including fish and wildlife habitat) of the public lands involved; and (B) minimize the period and method of such use and the interference with or restrictions on other uses of the public lands involved. (3) (A) A general authorization issued pursuant to this subsection shall not be for a term of more than three years and shall be revoked in whole or in part, as the Secretary of the Interior finds necessary, prior to the end of such term upon a determination by the Secretary of the Interior that there has been a failure to comply with its terms and conditions or that activities pursuant to such an authorization have had or might have a significant adverse impact on the resources or values of the affected lands. (B) Each specific use of a particular area of public lands pursuant to a general authorization under this subsection shall be subject to specific authorization by the Secretary and to appropriate terms and conditions, including such as are described in paragraph (2) of this subsection. (4) Issuance of a general authorization pursuant to this subsection shall be subject to the provisions of section 1712(f) of this title section 3120 of title 16 (5) To the extent that public safety may require closure to public use of any portion of the public lands covered by an authorization issued pursuant to this subsection, the Secretary of the military Department concerned or the Commandant of the Coast Guard shall take appropriate steps to notify the public concerning such closure and to provide appropriate warnings of risks to public safety. (6) For purposes of this subsection, the term conservation system unit has the same meaning as specified in section 3102 of title 16 ( Pub. L. 94579, title III,  302 Oct. 21, 1976 90 Stat. 2762 Pub. L. 100586 Nov. 3, 1988 102 Stat. 2980  Editorial Notes  References in Text This Act, referred to in subsec. (b), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 The Mining Law of 1872, referred to in subsec. (b), is act May 10, 1872, ch. 152 17 Stat. 91 Amendments 1988Subsec. (d). Pub. L. 100586 Statutory Notes and Executive Documents  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Pilot Program for Native Plant Species Pub. L. 117328, div. DD, title I,  101 Dec. 29, 2022 136 Stat. 5574  (a)  Definitions In this section: (1)  Invasive species The term invasive species means, with respect to a particular ecosystem, a nonnative organism, the introduction of which causes or is likely to cause economic or environmental harm or harm to human, animal, or plant health. (2)  Locally adapted The term locally adapted means, with respect to plants, plants that (A) originate from an area that is geographically proximate to a planting area; and (B) are environmentally adapted to and likely to become established and persist in that planting area. (3)  Native plant species The term native plant species means, with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently occurs in that ecosystem. (4)  Nonnative The term nonnative means, with respect to a particular ecosystem, an organism, including the seeds, eggs, spores, or other biological material of the organism capable of propagating that species, that occurs outside of the natural range of the organism. (5)  Plant material The term plant material means a plant or the seeds, eggs, spores, or other biological material of a plant capable of propagating the species of the plant. (b)  Establishment Not later than 180 days after the date on which funds are made available to carry out this section, the Secretary [of the Interior] shall, in accordance with any existing laws and management policies, carry out a pilot program to prioritize the use of native plant species within geographically diverse units of the National Park System and public land administered by the Bureau of Land Management. (c)  Implementation In carrying out the pilot program under subsection (b), the Secretary shall, to the extent practicable (1) give preference to the use of locally adapted native plant materials where appropriate; (2) incorporate efforts to prevent, control, or eradicate the spread of invasive species; (3) incorporate efforts to use native plants in areas that have experienced a recent wildfire event; and (4) identify situations in which the use of non-native plants may be warranted. (d)  Coordination The Secretary shall, in carrying out the pilot program under subsection (b), coordinate activities with (1) the National Seed Strategy of the Bureau of Land Management; (2) the Plant Conservation Alliance; and (3) the Plant Materials Centers of the Natural Resources Conservation Service. (e)  Termination of Authority The authority to carry out the pilot program under subsection (b) terminates on the date that is 5 years after the date on which the pilot program is established under that subsection. (f)  Report Not later than 1 year after the date on which the authority to carry out the pilot program terminates under subsection (e), the Secretary shall submit to Congress a report describing (1) the results of the pilot program carried out under subsection (b); and (2) the cost-effectiveness of using native plants in units of the National Park System and public land administered by the Bureau of Land Management. Management Guidelines To Prevent Wasting of Pacific Yew For Congressional findings relating to management guidelines to prevent wasting of Pacific yew in current and future timber sales on Federal lands, see section 4801(a)(8) of Title 16 Executive Documents  Transfer of Functions Enforcement functions of Secretary or other official in Department of the Interior related to compliance with land use permits for temporary use of public lands and other associated land uses, issued under sections 1732, 1761, and 1763 to 1771 of this title, with respect to pre-construction, construction, and initial operation of transportation systems for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,  102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373 July 1, 1979 section 3012(b) of Pub. L. 102486 section 719e of Title 15 section 720d(f) of Title 15  1733. Enforcement authority (a) Regulations for implementation of management, use, and protection requirements; violations; criminal penalties The Secretary shall issue regulations necessary to implement the provisions of this Act with respect to the management, use, and protection of the public lands, including the property located thereon. Any person who knowingly and willfully violates any such regulation which is lawfully issued pursuant to this Act shall be fined no more than $1,000 or imprisoned no more than twelve months, or both. Any person charged with a violation of such regulation may be tried and sentenced by any United States magistrate judge designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions and limitations as provided for in section 3401 of title 18 (b) Civil actions by Attorney General for violations of regulations; nature of relief; jurisdiction At the request of the Secretary, the Attorney General may institute a civil action in any United States district court for an injunction or other appropriate order to prevent any person from utilizing public lands in violation of regulations issued by the Secretary under this Act. (c) Contracts for enforcement of Federal laws and regulations by local law enforcement officials; procedure applicable; contract requirements and implementation (1) When the Secretary determines that assistance is necessary in enforcing Federal laws and regulations relating to the public lands or their resources he shall offer a contract to appropriate local officials having law enforcement authority within their respective jurisdictions with the view of achieving maximum feasible reliance upon local law enforcement officials in enforcing such laws and regulations. The Secretary shall negotiate on reasonable terms with such officials who have authority to enter into such contracts to enforce such Federal laws and regulations. In the performance of their duties under such contracts such officials and their agents are authorized to carry firearms; execute and serve any warrant or other process issued by a court or officer of competent jurisdiction; make arrests without warrant or process for a misdemeanor he has reasonable grounds to believe is being committed in his presence or view, or for a felony if he has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; search without warrant or process any person, place, or conveyance according to any Federal law or rule of law; and seize without warrant or process any evidentiary item as provided by Federal law. The Secretary shall provide such law enforcement training as he deems necessary in order to carry out the contracted for responsibilities. While exercising the powers and authorities provided by such contract pursuant to this section, such law enforcement officials and their agents shall have all the immunities of Federal law enforcement officials. (2) The Secretary may authorize Federal personnel or appropriate local officials to carry out his law enforcement responsibilities with respect to the public lands and their resources. Such designated personnel shall receive the training and have the responsibilities and authority provided for in paragraph (1) of this subsection. (d) Cooperation with regulatory and law enforcement officials of any State or political subdivision in enforcement of laws or ordinances In connection with the administration and regulation of the use and occupancy of the public lands, the Secretary is authorized to cooperate with the regulatory and law enforcement officials of any State or political subdivision thereof in the enforcement of the laws or ordinances of such State or subdivision. Such cooperation may include reimbursement to a State or its subdivision for expenditures incurred by it in connection with activities which assist in the administration and regulation of use and occupancy of the public lands. (e) Uniformed desert ranger force in California Desert Conservation Area; establishment; enforcement of Federal laws and regulations Nothing in this section shall prevent the Secretary from promptly establishing a uniformed desert ranger force in the California Desert Conservation Area established pursuant to section 1781 of this title (f) Applicability of other Federal enforcement provisions Nothing in this Act shall be construed as reducing or limiting the enforcement authority vested in the Secretary by any other statute. (g) Unlawful activities The use, occupancy, or development of any portion of the public lands contrary to any regulation of the Secretary or other responsible authority, or contrary to any order issued pursuant to any such regulation, is unlawful and prohibited. ( Pub. L. 94579, title III,  303 Oct. 21, 1976 90 Stat. 2763 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Editorial Notes  References in Text This Act, referred to in subsecs. (a), (b), and (f), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 Statutory Notes and Related Subsidiaries  Change of Name United States magistrate judge substituted for United States magistrate in subsec. (a) pursuant to section 321 of Pub. L. 101650 section 631 of Title 28 Modification of Regulations Relating to Mining Operations on Public Lands; Posting of Reclamation Bond for All Operations Involving Significant Surface Disturbance Pub. L. 99500,  101(h) [title I] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title I] Oct. 30, 1986 100 Stat. 3341242 That regulations pertaining to mining operations on public lands conducted under the Mining Law of 1872 ( 30 U.S.C. 22 43 U.S.C. 1732 Provided further Provided further Provided further  1734. Fees, charges, and commissions (a) Authority to establish and modify Notwithstanding any other provision of law, the Secretary may establish reasonable filing and service fees and reasonable charges, and commissions with respect to applications and other documents relating to the public lands and may change and abolish such fees, charges, and commissions. (b) Deposits for payments to reimburse reasonable costs of United States The Secretary is authorized to require a deposit of any payments intended to reimburse the United States for reasonable costs with respect to applications and other documents relating to such lands. The moneys received for reasonable costs under this subsection shall be deposited with the Treasury in a special account and are hereby authorized to be appropriated and made available until expended. As used in this section reasonable costs include, but are not limited to, the costs of special studies; environmental impact statements; monitoring construction, operation, maintenance, and termination of any authorized facility; or other special activities. In determining whether costs are reasonable under this section, the Secretary may take into consideration actual costs (exclusive of management overhead), the monetary value of the rights or privileges sought by the applicant, the efficiency to the government processing involved, that portion of the cost incurred for the benefit of the general public interest rather than for the exclusive benefit of the applicant, the public service provided, and other factors relevant to determining the reasonableness of the costs. (c) Refunds In any case where it shall appear to the satisfaction of the Secretary that any person has made a payment under any statute relating to the sale, lease, use, or other disposition of public lands which is not required or is in excess of the amount required by applicable law and the regulations issued by the Secretary, the Secretary, upon application or otherwise, may cause a refund to be made from applicable funds. ( Pub. L. 94579, title III,  304 Oct. 21, 1976 90 Stat. 2765  Statutory Notes and Related Subsidiaries Filing Fees for Applications for Noncompetitive Oil and Gas Leases; Study and Report of Rental Charges on Oil and Gas Leases Pub. L. 9735, title XIV,  1401(d) Aug. 13, 1981 95 Stat. 748  (1) Notwithstanding any other provision of law, effective October 1, 1981 Provided August 31, 1951 65 Stat. 290 section 9701 of Title 31 Pub. L. 97258 October 20, 1976 90 Stat. 2765 Oct. 21, 1976 (2) The Secretary of the Interior is hereby directed to conduct a study and report to Congress within one year of the date of enactment of this Act [ Aug. 13, 1981  1734a. Availability of excess fees  In fiscal year 1997 and thereafter, all fees, excluding mining claim fees, in excess of the fiscal year 1996 collections established by the Secretary of the Interior under the authority of section 1734 of this title ( Pub. L. 104208, div. A, title I,  101(d) [title I] Sept. 30, 1996 110 Stat. 3009181  Editorial Notes Codification Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1997, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.  1735. Forfeitures and deposits (a) Credit to separate account in Treasury; appropriation and availability Any moneys received by the United States as a result of the forfeiture of a bond or other security by a resource developer or purchaser or permittee who does not fulfill the requirements of his contract or permit or does not comply with the regulations of the Secretary; or as a result of a compromise or settlement of any claim whether sounding in tort or in contract involving present or potential damage to the public lands shall be credited to a separate account in the Treasury and are hereby authorized to be appropriated and made available, until expended as the Secretary may direct, to cover the cost to the United States of any improvement, protection, or rehabilitation work on those public lands which has been rendered necessary by the action which has led to the forfeiture, compromise, or settlement. (b) Expenditure of moneys collected administering Oregon and California Railroad and Coos Bay Wagon Road Grant lands Any moneys collected under this Act in connection with lands administered under the Act of August 28, 1937 50 Stat. 874 43 U.S.C. 1181a118 1 1 (c) Refunds If any portion of a deposit or amount forfeited under this Act is found by the Secretary to be in excess of the cost of doing the work authorized under this Act, the Secretary, upon application or otherwise, may cause a refund of the amount in excess to be made from applicable funds. ( Pub. L. 94579, title III,  305 Oct. 21, 1976 90 Stat. 2765  Editorial Notes  References in Text This Act, referred to in subsecs. (b) and (c), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 Act of August 28, 1937 50 Stat. 874 43 U.S.C. 1181a118 act Aug. 28, 1937, ch. 876 50 Stat. 874 section 1181c of this title Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 act May 24, 1939, ch. 144 53 Stat. 753 act June 24, 1954, ch. 357 68 Stat. 270 Statutory Notes and Related Subsidiaries Availability of Funds for Improvement, Protection, or Rehabilitation of Damaged Public Lands Pub. L. 104134, title I,  101(c) [title I] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 That notwithstanding any provision to the contrary of section 305(a) of the Act of October 21, 1976 43 U.S.C. 1735(a) 43 U.S.C. 1735(c) Provided further Similar provisions were contained in the following appropriation acts: Pub. L. 117328, div. G, title I Dec. 29, 2022 136 Stat. 4761 Pub. L. 117103, div. G, title I Mar. 15, 2022 136 Stat. 349 Pub. L. 116260, div. G, title I Dec. 27, 2020 134 Stat. 1479 Pub. L. 11694, div. D, title I Dec. 20, 2019 133 Stat. 2688 Pub. L. 1166, div. E, title I Feb. 15, 2019 133 Stat. 207 Pub. L. 115141, div. G, title I Mar. 23, 2018 132 Stat. 637 Pub. L. 11531, div. G, title I May 5, 2017 131 Stat. 437 Pub. L. 114113, div. G, title I Dec. 18, 2015 129 Stat. 2527 Pub. L. 113235, div. F, title I Dec. 16, 2014 128 Stat. 2398 Pub. L. 11376, div. G, title I Jan. 17, 2014 128 Stat. 291 Pub. L. 11274, div. E, title I Dec. 23, 2011 125 Stat. 987 Pub. L. 11188, div. A, title I Oct. 30, 2009 123 Stat. 2906 Pub. L. 1118, div. E, title I Mar. 11, 2009 123 Stat. 703 Pub. L. 110161, div. F, title I Dec. 26, 2007 121 Stat. 2099 Pub. L. 10954, title I Aug. 2, 2005 119 Stat. 502 Pub. L. 108447, div. E, title I Dec. 8, 2004 118 Stat. 3042 Pub. L. 108108, title I Nov. 10, 2003 117 Stat. 1244 Pub. L. 1087, div. F, title I Feb. 20, 2003 117 Stat. 219 Pub. L. 10763, title I Nov. 5, 2001 115 Stat. 418 Pub. L. 106291, title I Oct. 11, 2000 114 Stat. 925 Pub. L. 106113, div. B,  1000(a)(3) [title I] Nov. 29, 1999 113 Stat. 1535 Pub. L. 105277, div. A,  101(e) [title I] Oct. 21, 1998 112 Stat. 2681231 Pub. L. 10583, title I Nov. 14, 1997 111 Stat. 1545 Pub. L. 104208, div. A, title I,  101(d) [title I] Sept. 30, 1996 110 Stat. 3009181 Pub. L. 103332, title I Sept. 30, 1994 108 Stat. 2501 Pub. L. 103138, title I Nov. 11, 1993 107 Stat. 1381 Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1377 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 992 Pub. L. 101512, title I Nov. 5, 1990 104 Stat. 1917 Pub. L. 101121, title I Oct. 23, 1989 103 Stat. 703 Pub. L. 100446, title I Sept. 27, 1988 102 Stat. 1776 Pub. L. 100202,  101(g) [title I] Dec. 22, 1987 101 Stat. 1329213  1736. Working capital fund (a) Establishment; availability of fund There is hereby established a working capital fund for the management of the public lands. This fund shall be available without fiscal year limitation for expenses necessary for furnishing, in accordance with chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and regulations promulgated thereunder, supplies and equipment services in support of Bureau programs, including but not limited to, the purchase or construction of storage facilities, equipment yards, and related improvements and the purchase, lease, or rent of motor vehicles, aircraft, heavy equipment, and fire control and other resource management equipment within the limitations set forth in appropriations made to the Secretary for the Bureau. (b) Initial funding; subsequent transfers The initial capital of the fund shall consist of appropriations made for that purpose together with the fair and reasonable value at the funds inception of the inventories, equipment, receivables, and other assets, less the liabilities, transferred to the fund. The Secretary is authorized to make such subsequent transfers to the fund as he deems appropriate in connection with the functions to be carried on through the fund. (c) Payments credited to fund; amount; advancement or reimbursement The fund shall be credited with payments from appropriations, and funds of the Bureau, other agencies of the Department of the Interior, other Federal agencies, and other sources, as authorized by law, at rates approximately equal to the cost of furnishing the facilities, supplies, equipment, and services (including depreciation and accrued annual leave). Such payments may be made in advance in connection with firm orders, or by way of reimbursement. (d) Authorization of appropriations There is hereby authorized to be appropriated a sum not to exceed $3,000,000 as initial capital of the working capital fund. ( Pub. L. 94579, title III,  306 Oct. 21, 1976 90 Stat. 2766  Editorial Notes Codification In subsec. (a), chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 substituted for the Federal Property and Administrative Services Act of 1949 ( 63 Stat. 377 Pub. L. 107217,  5(c) Aug. 21, 2002 116 Stat. 1303 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854  1736a. Revolving fund derived from disposal of salvage timber  There is hereby established in the Treasury of the United States a special fund to be derived on and after October 5, 1992 ( Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1376  Editorial Notes Codification Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1993, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter. Statutory Notes and Related Subsidiaries Distribution of Receipts Title I of Pub. L. 102381 106 Stat. 1376 Nothing in this provision [enacting this section] shall alter the formulas currently in existence by law for the distribution of receipts for the applicable lands and timber resources.  1737. Implementation provisions (a) Investigations, studies, and experiments The Secretary may conduct investigations, studies, and experiments, on his own initiative or in cooperation with others, involving the management, protection, development, acquisition, and conveying of the public lands. (b) Contracts and cooperative agreements Subject to the provisions of applicable law, the Secretary may enter into contracts and cooperative agreements involving the management, protection, development, and sale of public lands. (c) Contributions and donations of money, services, and property The Secretary may accept contributions or donations of money, services, and property, real, personal, or mixed, for the management, protection, development, acquisition, and conveying of the public lands, including the acquisition of rights-of-way for such purposes. He may accept contributions for cadastral surveying performed on federally controlled or intermingled lands. Moneys received hereunder shall be credited to a separate account in the Treasury and are hereby authorized to be appropriated and made available until expended, as the Secretary may direct, for payment of expenses incident to the function toward the administration of which the contributions were made and for refunds to depositors of amounts contributed by them in specific instances where contributions are in excess of their share of the cost. (d) Recruitment of volunteers The Secretary may recruit, without regard to the civil service classification laws, rules, or regulations, the services of individuals contributed without compensation as volunteers for aiding in or facilitating the activities administered by the Secretary through the Bureau of Land Management. (e) Restrictions on activities of volunteers In accepting such services of individuals as volunteers, the Secretary (1) shall not permit the use of volunteers in hazardous duty or law enforcement work, or in policymaking processes or to displace any employee; and (2) may provide for services or costs incidental to the utilization of volunteers, including transportation, supplies, lodging, subsistence, recruiting, training, and supervision. (f) Federal employment status of volunteers Volunteers shall not be deemed employees of the United States except for the purposes of (1) the tort claims provisions of title 28; (2) subchapter 1 1 1 (3) claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case the provisions of section 3721 of title 31 (g) Authorization of appropriations Effective with fiscal years beginning after September 30, 1984 ( Pub. L. 94579, title III,  307 Oct. 21, 1976 90 Stat. 2766 Pub. L. 98540,  2 Oct. 24, 1984 98 Stat. 2718 Pub. L. 101286, title II,  204(c) May 9, 1990 104 Stat. 175  Editorial Notes Amendments 1990Subsec. (f). Pub. L. 101286 1984Subsecs. (d) to (g). Pub. L. 98540  1738. Contracts for surveys and resource protection; renewals; funding requirements (a) The Secretary is authorized to enter into contracts for the use of aircraft, and for supplies and services, prior to the passage of an appropriation therefor, for airborne cadastral survey and resource protection operations of the Bureau. He may renew such contracts annually, not more than twice, without additional competition. Such contracts shall obligate funds for the fiscal years in which the costs are incurred. (b) Each such contract shall provide that the obligation of the United States for the ensuing fiscal years is contingent upon the passage of an applicable appropriation, and that no payment shall be made under the contract for the ensuing fiscal years until such appropriation becomes available for expenditure. ( Pub. L. 94579, title III,  308 Oct. 21, 1976 90 Stat. 2767  1739. Advisory councils (a) Establishment; membership; operation The Secretary shall establish advisory councils of not less than ten and not more than fifteen members appointed by him from among persons who are representative of the various major citizens interests concerning the problems relating to land use planning or the management of the public lands located within the area for which an advisory council is established. At least one member of each council shall be an elected official of general purpose government serving the people of such area. To the extent practicable there shall be no overlap or duplication of such councils. Appointments shall be made in accordance with rules prescribed by the Secretary. The establishment and operation of an advisory council established under this section shall conform to the requirements of chapter 10 of title 5. (b) Meetings Notwithstanding the provisions of subsection (a) of this section, each advisory council established by the Secretary under this section shall meet at least once a year with such meetings being called by the Secretary. (c) Travel and per diem payments Members of advisory councils shall serve without pay, except travel and per diem will be paid each member for meetings called by the Secretary. (d) Functions An advisory council may furnish advice to the Secretary with respect to the land use planning, classification, retention, management, and disposal of the public lands within the area for which the advisory council is established and such other matters as may be referred to it by the Secretary. (e) Public participation; procedures applicable In exercising his authorities under this Act, the Secretary, by regulation, shall establish procedures, including public hearings where appropriate, to give the Federal, State, and local governments and the public adequate notice and an opportunity to comment upon the formulation of standards and criteria for, and to participate in, the preparation and execution of plans and programs for, and the management of, the public lands. ( Pub. L. 94579, title III,  309 Oct. 21, 1976 90 Stat. 2767 Pub. L. 95514,  13 Oct. 25, 1978 92 Stat. 1808 Pub. L. 117286,  4(a)(285) Dec. 27, 2022 136 Stat. 4337  Editorial Notes  References in Text This Act, referred to in subsec. (e), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 Amendments 2022Subsec. (a). Pub. L. 117286 86 Stat. 770 1978Subsec. (a). Pub. L. 95514 Statutory Notes and Related Subsidiaries Termination of Advisory Councils Advisory councils established after Jan. 5, 1973  1740. Rules and regulations  The Secretary, with respect to the public lands, shall promulgate rules and regulations to carry out the purposes of this Act and of other laws applicable to the public lands, and the Secretary of Agriculture, with respect to lands within the National Forest System, shall promulgate rules and regulations to carry out the purposes of this Act. The promulgation of such rules and regulations shall be governed by the provisions of chapter 5 of title 5, without regard to section 553(a)(2). Prior to the promulgation of such rules and regulations, such lands shall be administered under existing rules and regulations concerning such lands to the extent practical. ( Pub. L. 94579, title III,  310 Oct. 21, 1976 90 Stat. 2767  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743  1741. Annual reports (a) Purpose; time for submission For the purpose of providing information that will aid Congress in carrying out its oversight responsibilities for public lands programs and for other purposes, the Secretary shall prepare a report in accordance with subsections (b) and (c) and submit it to the Congress no later than one hundred and twenty days after the end of each fiscal year beginning with the report for fiscal year 1979. (b) Format A list of programs and specific information to be included in the report as well as the format of the report shall be developed by the Secretary after consulting with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate and shall be provided to the committees prior to the end of the second quarter of each fiscal year. (c) Contents The report shall include, but not be limited to, program identification information, program evaluation information, and program budgetary information for the preceding current and succeeding fiscal years. ( Pub. L. 94579, title III,  311 Oct. 21, 1976 90 Stat. 2768 Pub. L. 103437,  16(d)(3) Nov. 2, 1994 108 Stat. 4595  Editorial Notes Amendments 1994Subsec. (b). Pub. L. 103437 Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1742. Search, rescue, and protection forces; emergency situations authorizing hiring  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. 94579, title III,  312 Oct. 21, 1976 90 Stat. 2768  1742a. Good Samaritan Search and Recovery Act (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 (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. 1169, 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. 1169 section 1 of Title 16  1743. Disclosure of financial interests by officers or employees (a) Annual written statement; availability to public Each officer or employee of the Secretary and the Bureau who (1) performs any function or duty under this Act; and (2) has any known financial interest in any person who (A) applies for or receives any permit, lease, or right-of-way under, or (B) applies for or acquires any land or interests therein under, or (C) is otherwise subject to the provisions of, this Act, shall, beginning on February 1, 1977 (b) Implementation of requirements The Secretary shall (1) act within ninety days after October 21, 1976 (A) to define the term known financial interests for the purposes of subsection (a) of this section; and (B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements and the review by the Secretary of such statements; and (2) report to the Congress on June 1 of each calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year. (c) Exempted personnel In the rules prescribed in subsection (b) of this section, the Secretary may identify specific positions within the Department of the Interior which are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section. (d) Violations; criminal penalties Any officer or employee who is subject to, and knowingly violates, this section, shall be fined not more than $2,500 or imprisoned not more than one year, or both. ( Pub. L. 94579, title III,  313 Oct. 21, 1976 90 Stat. 2768  Editorial Notes  References in Text This Act, referred to in subsec. (a)(1), (2), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1744. Recordation of mining claims (a) Filing requirements The owner of an unpatented lode or placer mining claim located prior to October 21, 1976 October 21, 1976 October 21, 1976 (1) File for record in the office where the location notice or certificate is recorded either a notice of intention to hold the mining claim (including but not limited to such notices as are provided by law to be filed when there has been a suspension or deferment of annual assessment work), an affidavit of assessment work performed thereon, on 1 1 section 281 of title 30 (2) File in the office of the Bureau designated by the Secretary a copy of the official record of the instrument filed or recorded pursuant to paragraph (1) of this subsection, including a description of the location of the mining claim sufficient to locate the claimed lands on the ground. (b) Additional filing requirements The owner of an unpatented lode or placer mining claim or mill or tunnel site located prior to October 21, 1976 October 21, 1976 October 21, 1976 (c) Failure to file as constituting abandonment; defective or untimely filing The failure to file such instruments as required by subsections (a) and (b) shall be deemed conclusively to constitute an abandonment of the mining claim or mill or tunnel site by the owner; but it shall not be considered a failure to file if the instrument is defective or not timely filed for record under other Federal laws permitting filing or recording thereof, or if the instrument is filed for record by or on behalf of some but not all of the owners of the mining claim or mill or tunnel site. (d) Validity of claims, waiver of assessment, etc., as unaffected Such recordation or application by itself shall not render valid any claim which would not be otherwise valid under applicable law. Nothing in this section shall be construed as a waiver of the assessment and other requirements of such law. ( Pub. L. 94579, title III,  314 Oct. 21, 1976 90 Stat. 2769  1745. Disclaimer of interest in lands (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. 94579, title III,  315 Oct. 21, 1976 90 Stat. 2770  1746. Correction of conveyance documents  The Secretary may correct patents or documents of conveyance issued pursuant to section 1718 of this title ( Pub. L. 94579, title III,  316 Oct. 21, 1976 90 Stat. 2770 Pub. L. 1087, div. F, title IV,  411(e) Feb. 20, 2003 117 Stat. 291  Editorial Notes Amendments 2003 Pub. L. 1087  1747. Loans to States and political subdivisions; purposes; amounts; allocation; terms and conditions; interest rate; security; limitations; forebearance for benefit of borrowers; recordkeeping requirements; discrimination prohibited; deposit of receipts (1) The Secretary is authorized to make loans to States and their political subdivisions in order to relieve social or economic impacts occasioned by the development of minerals leased in such States pursuant to the Act of February 25, 1920 30 U.S.C. 181 30 U.S.C. 191 (2) The total amount of loans outstanding pursuant to this section for any State and political subdivisions thereof in any year shall be not more than the anticipated mineral leasing revenues to be received by that State pursuant to section 35 of the Act of February 25, 1920 30 U.S.C. 191 (3) The Secretary, after consultation with the Governors of the affected States, shall allocate such loans among the States and their political subdivisions in a fair and equitable manner, giving priority to those States and subdivisions suffering the most severe impacts. (4) Loans made pursuant to this section shall be subject to such terms and conditions as the Secretary determines necessary to assure the achievement of the purpose of this section. The Secretary shall promulgate such regulations as may be necessary to carry out the provisions of this section no later than three months after August 20, 1978 (5) Loans made pursuant to this section shall bear interest equivalent to the lowest interest rate paid on an issue of at least $1,000,000 of tax exempt bonds of such State or any agency thereof within the preceding calendar year. (6) Any loan made pursuant to this section shall be secured only by a pledge of the revenues received by the State or the political subdivision thereof pursuant to section 35 of the Act of February 25, 1920 30 U.S.C. 191 (7) Notwithstanding any other provision of law, loans made pursuant to this section may be used for the non-Federal share of the aggregate cost of any project or program otherwise funded by the Federal Government which requires a non-Federal share for such project or program and which provides planning or public facilities otherwise eligible for assistance under this section. (8) Nothing in this section shall be construed to preclude any forebearance 1 1 (9) Recipients of loans made pursuant to this section shall keep such records as the Secretary shall prescribe by regulation, including records which fully disclose the disposition of the proceeds of such assistance and such other records as the Secretary may require to facilitate an effective audit. The Secretary and the Comptroller General of the United States or their duly authorized representatives shall have access, for the purpose of audit, to such records. (10) No person in the United States shall, on the grounds of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or part with funds made available under this section. (11) All amounts collected in connection with loans made pursuant to this section, including interest payments or repayments of principal on loans, fees, and other moneys, derived in connection with this section, shall be deposited in the Treasury as miscellaneous receipts. ( Pub. L. 94579, title III,  317(c) Oct. 21, 1976 90 Stat. 2771 Pub. L. 95352,  1(f) Aug. 20, 1978 92 Stat. 515  Editorial Notes  References in Text Act of February 25, 1920 act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of Title 30 Codification Section is comprised of subsec. (c) of section 317 of Pub. L. 94579 section 317 of Pub. L. 94579 section 191 of Title 30 Amendments 1978Pars. (1) and (2). Pub. L. 95352 Pars. (3) to (11). Pub. L. 95352  1748. Funding requirements (a) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes and provisions of this Act, but no amounts shall be appropriated to carry out after October 1, 2002 October 21, 1976 (b) Procedure applicable for authorization of appropriations Consistent with section 1110 of title 31 May 15, 1977 (c) Distribution of receipts from Bureau from disposal of lands, etc. Nothing in this section shall apply to the distribution of receipts of the Bureau from the disposal of lands, natural resources, and interests in lands in accordance with applicable law, nor to the use of contributed funds, private deposits for public survey work, and townsite trusteeships, nor to fund allocations from other Federal agencies, reimbursements from both Federal and non-Federal sources, and funds expended for emergency firefighting and rehabilitation. (d) Purchase of certain public lands from Land and Water Conservation Fund In exercising the authority to acquire by purchase granted by section 1715(a) of this title ( Pub. L. 94579, title III,  318 Oct. 21, 1976 90 Stat. 2771 Pub. L. 104333, div. I, title III,  310 Nov. 12, 1996 110 Stat. 4139  Editorial Notes  References in Text This Act, referred to in subsec. (a), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 Codification In subsec. (b),  section 1110 of title 31 31 U.S.C. 11c Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 Amendments 1996Subsec. (a). Pub. L. 104333 October 1, 2002 October 1, 1978  1748a. FLAME Wildfire Suppression Reserve Funds (a) Definitions In this section: (1) Federal land The term Federal land means (A) public land, as defined in section 1702 of this title (B) units of the National Park System; (C) refuges of the National Wildlife Refuge System; (D) land held in trust by the United States for the benefit of Indian tribes or members of an Indian tribe; and (E) land in the National Forest System, as defined in section 1609(a) of title 16 (2) FLAME Fund The term FLAME Fund means a FLAME Wildfire Suppression Reserve Fund established by subsection (b). (3) Relevant congressional committees The term relevant congressional committees means the Committee on Appropriations, the Committee on Natural Resources, and the Committee on Agriculture of the House of Representatives and the Committee on Appropriations, the Committee on Energy and Natural Resources, and the Committee on Indian Affairs of the Senate. (4) Secretary concerned The term Secretary concerned means (A) the Secretary of the Interior, with respect to (i) Federal land described in subparagraphs (A), (B), (C), and (D) of paragraph (1); and (ii) the FLAME Fund established for the Department of the Interior; and (B) the Secretary of Agriculture, with respect to (i) National Forest System land; and (ii) the FLAME Fund established for the Department of the Agriculture. (b) Establishment of FLAME Funds There is established in the Treasury of the United States the following accounts: (1) The FLAME Wildfire Suppression Reserve Fund for the Department of the Interior. (2) The FLAME Wildfire Suppression Reserve Fund for the Department of Agriculture. (c) Purpose of FLAME Funds The FLAME Funds shall be available to cover the costs of large or complex wildfire events and as a reserve when amounts provided for wildfire suppression and Federal emergency response in the Wildland Fire Management appropriation accounts are exhausted. (d) Funding (1) Credits to funds A FLAME Fund shall consist of the following: (A) Such amounts as are appropriated to that FLAME Fund. (B) Such amounts as are transferred to that FLAME Fund under paragraph (5). (2) Authorization of appropriations (A) Authorization of appropriations There are authorized to be appropriated to the FLAME Funds such amounts as are necessary to carry out this section. (B) Congressional intent It is the intent of Congress that, for fiscal year 2011 and each fiscal year thereafter, the amounts requested by the President for a FLAME Fund should be not less than the amount estimated by the Secretary concerned as the amount necessary for that fiscal year for wildfire suppression activities of the Secretary that meet the criteria specified in subsection (e)(2)(B)(i). (C) Sense of Congress on designation of flame fund appropriations, supplemental funding request, and supplement to other suppression funding It is the sense of Congress that for fiscal year 2011 and each fiscal year thereafter (i) amounts appropriated to a FLAME Fund in excess of the amount estimated by the Secretary concerned as the amount necessary for that fiscal year for wildfire suppression activities of the Secretary that meet the criteria specified in subsection (e)(2)(B)(i) should be designated as amounts necessary to meet emergency needs; (ii) the Secretary concerned should promptly make a supplemental request for additional funds to replenish the FLAME Fund if the Secretary determines that the FLAME Fund will be exhausted within 30 days; and (iii) funding made available through the FLAME Fund should be used to supplement the funding otherwise appropriated to the Secretary concerned for wildfire suppression and Federal emergency response in the Wildland Fire Management appropriation accounts. (3) Availability Amounts in a FLAME Fund shall remain available to the Secretary concerned until expended. (4) Notice of insufficient funds The Secretary concerned shall notify the relevant congressional committees if the Secretary estimates that only 60 days worth of funds remain in the FLAME Fund administered by that Secretary. (5) Transfer authority If a FLAME Fund has insufficient funds, the Secretary concerned administering the other FLAME Fund may transfer amounts to the FLAME Fund with insufficient funds. Not more than $100,000,000 may be transferred from a FLAME Fund during any fiscal year under this authority. (e) Use of FLAME Fund (1) In general Subject to paragraphs (2) and (3), amounts in a FLAME Fund shall be available to the Secretary concerned to transfer to the Wildland Fire Management appropriation account of that Secretary to pay the costs of wildfire suppression activities of that Secretary that are separate from amounts for wildfire suppression activities annually appropriated to that Secretary under the Wildland Fire Management appropriation account of that Secretary. (2) Declaration required (A) In general Amounts in a FLAME Fund shall be available for transfer under paragraph (1) only after that Secretary concerned issues a declaration that a wildfire suppression event is eligible for funding from the FLAME Fund. (B) Declaration criteria A declaration by the Secretary concerned under subparagraph (A) may be issued only if (i) in the case of an individual wildfire incident (I) the fire covers 300 or more acres; or (II) the Secretary concerned determines that the fire has required an emergency Federal response based on the significant complexity, severity, or threat posed by the fire to human life, property, or resources; or (ii) the cumulative costs of wildfire suppression and Federal emergency response activities for the Secretary concerned will exceed, within 30 days, all of the amounts previously appropriated (including amounts appropriated under an emergency designation, but excluding amounts appropriated to the FLAME Fund) to the Secretary concerned for wildfire suppression and Federal emergency response. (3) State, private, and tribal land Use of a FLAME Fund for emergency wildfire suppression activities on State land, private land, and tribal land shall be consistent with any existing agreements in which the Secretary concerned has agreed to assume responsibility for wildfire suppression activities on the land. (f) Treatment of anticipated and predicted activities For fiscal year 2011 and subsequent fiscal years, the Secretary concerned shall request funds within the Wildland Fire Management appropriation account of that Secretary for regular wildfire suppression activities that do not meet the criteria specified in subsection (e)(2)(B)(i). (g) Prohibition on other transfers The Secretary concerned may not transfer funds from non-fire accounts to the Wildland Fire Management appropriation account of that Secretary unless amounts in the FLAME Fund of that Secretary and any amounts appropriated to that Secretary for the purpose of wildfire suppression will be exhausted within 30 days. (h) Accounting and reports (1) Accounting and reporting requirements The Secretary concerned shall account and report on amounts transferred from the respective FLAME Fund in a manner that is consistent with existing National Fire Plan reporting procedures. (2) Annual report The Secretary concerned shall submit to the relevant congressional committees and make available to the public an annual report that (A) describes the obligation and expenditure of amounts transferred from the FLAME Fund; and (B) includes any recommendations that the Secretary concerned may have to improve the administrative control and oversight of the FLAME Fund. (3) Estimates of wildfire suppression costs to improve budgeting and funding (A) In general Consistent with the schedule provided in subparagraph (C), the Secretary concerned shall submit to the relevant congressional committees an estimate of anticipated wildfire suppression costs for the applicable fiscal year. (B) Independent review The methodology for developing the estimates under subparagraph (A) shall be subject to periodic independent review to ensure compliance with subparagraph (D). (C) Schedule The Secretary concerned shall submit an estimate under subparagraph (A) during (i) the first week of March of each year; (ii) the first week of May of each year; (iii) the first week of July of each year; and (iv) if a bill making appropriations for the Department of the Interior and the Forest Service for the following fiscal year has not been enacted by September 1, the first week of September of each year. (D) Requirements An estimate of anticipated wildfire suppression costs shall be developed using the best available (i) climate, weather, and other relevant data; and (ii) models and other analytic tools. (i) Termination of authority The authority of the Secretary concerned to use the FLAME Fund established for that Secretary shall terminate at the end of the third fiscal year in which no appropriations to, or withdrawals from, that FLAME Fund have been made for a period of three consecutive fiscal years. Upon termination of such authority, any amounts remaining in the affected FLAME Fund shall be transferred to, and made a part of, the Wildland Fire Management appropriation account of the Secretary concerned for wildland suppression activities. ( Pub. L. 11188, div. A, title V,  502 Oct. 30, 2009 123 Stat. 2968  Editorial Notes Codification Section was enacted as part of the Federal Land Assistance, Management, and Enhancement Act of 2009, also known as the FLAME Act of 2009, and also as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.  1748a1. Request for additional wildfire suppression funds  If the amount provided for wildfire suppression operations for that fiscal year will be exhausted within 30 calendar days, the Secretary of the Interior or the Secretary of Agriculture (as applicable), in consultation with the Director of the Office of Management and Budget, shall promptly submit a request to Congress for supplemental appropriations. ( Pub. L. 115141, div. O, title I,  103 Mar. 23, 2018 132 Stat. 1060  Editorial Notes Codification Section was enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.  1748a2. Reporting requirements (a) In general Not later than 90 days after the end of the fiscal year for which additional new budget authority is used, pursuant to section 901(b)(2)(F)(i) of title 2 (1) prepare an annual report with respect to the additional new budget authority; (2) submit to the Committees on Appropriations, the Budget, and Natural Resources of the House of Representatives and the Committees on Appropriations, the Budget, and Energy and Natural Resources of the Senate the annual report prepared under paragraph (1); and (3) make the report prepared under paragraph (1) available to the public. (b) Components The annual report prepared under subsection (a)(1) shall (1) document obligations and outlays of the additional new budget authority for wildfire suppression operations; (2) identify risk-based factors that influenced management decisions with respect to wildfire suppression operations; (3) analyze a statistically significant sample of large fires, including an analysis for each fire of (A) cost drivers; (B) the effectiveness of risk management techniques and whether fire operations strategy tracked the risk assessment; (C) any resulting ecological or other benefits to the landscape; (D) the impact of investments in wildfire suppression operations preparedness; (E) effectiveness of wildfire suppression operations, including an analysis of resources lost versus dollars invested; (F) effectiveness of any fuel treatments on fire behavior and suppression expenditures; (G) levels of exposure experienced by firefighters; (H) suggested corrective actions; and (I) any other factors the Secretary of the Interior or Secretary of Agriculture (as applicable) determines to be appropriate; (4) include an accounting of overall fire management and spending by the Department of the Interior or the Department of Agriculture, which shall be analyzed by fire size, cost, regional location, and other factors; (5) describe any lessons learned in the conduct of wildfire suppression operations; and (6) include any other elements that the Secretary of the Interior or the Secretary of Agriculture (as applicable) determines to be necessary. ( Pub. L. 115141, div. O, title I,  104 Mar. 23, 2018 132 Stat. 1061  Editorial Notes  References in Text Section 102 of this division, referred to in subsec. (a), means section 102 of div. O of Pub. L. 115141 Codification Section was enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.  1748b. Cohesive wildfire management strategy (a) Strategy required Not later than one year after October 30, 2009 (b) Elements of strategy The strategy required by subsection (a) shall provide for (1) the identification of the most cost-effective means for allocating fire management budget resources; (2) the reinvestment in non-fire programs by the Secretary of the Interior and the Secretary of Agriculture; (3) employing the appropriate management response to wildfires; (4) assessing the level of risk to communities; (5) the allocation of hazardous fuels reduction funds based on the priority of hazardous fuels reduction projects; (6) assessing the impacts of climate change on the frequency and severity of wildfire; and (7) studying the effects of invasive species on wildfire risk. (c) Revision At least once during each five-year period beginning on the date of the submission of the cohesive wildfire management strategy under subsection (a), the Secretary of the Interior and the Secretary of Agriculture shall revise the strategy to address any changes affecting the strategy, including changes with respect to landscape, vegetation, climate, and weather. ( Pub. L. 11188, div. A, title V,  503 Oct. 30, 2009 123 Stat. 2971  Editorial Notes Codification Section was enacted as part of the Federal Land Assistance, Management, and Enhancement Act of 2009, also known as the FLAME Act of 2009, and also as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter. Executive Documents  Ex. Ord. No. 13855. Promoting Active Management of Americas Forests, Rangelands, and Other Federal Lands To Improve Conditions and Reduce Wildfire Risk Ex. Ord. No. 13855, Dec. 21, 2018 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section Policy Active management of vegetation is needed to treat these dangerous conditions on Federal lands but is often delayed due to challenges associated with regulatory analysis and current consultation requirements. In addition, land designations and policies can reduce emergency responder access to Federal land and restrict management practices that can promote wildfire-resistant landscapes. With the same vigor and commitment that characterizes our efforts to fight wildfires, we must actively manage our forests, rangelands, and other Federal lands to improve conditions and reduce wildfire risk. In recognition of these regulatory, policy, and coordinating challenges, the Secretary of the Interior and the Secretary of Agriculture (the Secretaries) each shall implement the following policies in their respective departments: (a) Shared Management Priorities. The goal of Federal fire management policy for forests, rangelands, and other Federal lands shall be to agree on a set of shared priorities with Federal land managers, States, tribes, and other landowners to manage fire risk across landscapes. (b) Coordinating Federal, State, Tribal, and Local Assets. Wildfire prevention and suppression and post-wildfire restoration require a variety of assets and skills across landscapes. Federal, State, tribal, and local governments should coordinate the deployment of appropriate assets and skills to restore our landscapes and communities after damage caused by fires and to help reduce hazardous fuels through active forest management in order to protect communities, critical infrastructure, and natural and cultural resources. (c) Removing Hazardous Fuels, Increasing Active Management, and Supporting Rural Economies. Post-fire assessments show that reducing vegetation through hazardous fuel management and strategic forest health treatments is effective in reducing wildfire severity and loss. Actions must be taken across landscapes to prioritize treatments in order to enhance fuel reduction and forest-restoration projects that protect life and property, and to benefit rural economies through encouraging utilization of the by-products of forest restoration. Sec Goals (i) The Secretary of the Interior shall review the Secretarys 2019 budget justifications and give all due consideration to establishing the following objectives for 2019, as feasible and appropriate in light of those budget justifications, and consistent with applicable law and available appropriations: (A) Treating 750,000 acres of Department of the Interior (DOI)-administered lands to reduce fuel loads; (B) Treating 500,000 acres of DOI-administered lands to protect water quality and mitigate severe flooding and erosion risks arising from forest fires; (C) Treating 750,000 acres of DOI-administered lands for native and invasive species; (D) Reducing vegetation giving rise to wildfire conditions through forest health treatments by increasing health treatments as part of DOIs offering for sale 600 million board feet of timber from DOI-administered lands; and (E) Performing maintenance on public roads needed to provide access for emergency services and restoration work; and (ii) The Secretary of Agriculture shall review the Secretarys 2019 budget justifications and give all due consideration to establishing the following objectives for 2019, as feasible and appropriate in light of those budget justifications, and consistent with applicable law and available appropriations: (A) Treating 3.5 million acres of Department of Agriculture (USDA) Forest Service (FS) lands to reduce fuel load; (B) Treating 2.2 million acres of USDA FS lands to protect water quality and mitigate severe flooding and erosion risks arising from forest fires; (C) Treating 750,000 acres of USDA FS lands for native and invasive species; (D) Reducing vegetation giving rise to wildfire conditions through forest health treatments by increasing health treatments as part of USDAs offering for sale at least 3.8 billion board feet of timber from USDA FS lands; and (E) Performing maintenance on roads needed to provide access on USDA FS lands for emergency services and restoration work. (b) For the years following establishment of the objectives in subsection (a) of this section, the Secretaries shall consider annual treatment objectives that meet or exceed those established in subsection (a) of this section, using the full range of available and appropriate management tools, including prescribed burns and mechanical thinning. The Secretaries shall also refine and develop performance metrics to better capture the risk reduction benefits achieved through application of these management tools. (c) In conjunction with establishment of goals, and by no later than March 31, 2019 Sec Coordination and Efficient Processes (a) Coordinate with the heads of all relevant Federal agencies to prioritize and promptly implement post-wildfire rehabilitation, salvage, and forest restoration; (b) Streamline agency administrative and regulatory processes and policies relating to fuel reduction in forests, rangelands, and other Federal lands and forest restoration when appropriate by: (i) Adhering to minimum statutory and regulatory time periods, to the maximum extent practicable, for comment, consultation, and administrative review processes related to active management of forests, rangelands, and other Federal lands, including management of wildfire risks; (ii) Using all applicable categorical exclusions set forth in law or regulation for fire management, restoration, and other management projects in forests, rangelands, and other Federal lands when implementing the requirements of the National Environmental Policy Act [of 1969] ( 42 U.S.C. 4321 et seq (iii) Consistent with applicable law, developing and using new categorical exclusions to implement active management of forests, rangelands, and other Federal lands; and (iv) Immediately prioritizing efforts to reduce the time required to comply with consultation obligations under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq Sec Unmanned Aerial Systems Sec Wildfire Strategy December 31, 2020 (b) In developing the strategy described in subsection (a) of this section, the Secretaries shall: (i) Identify DOI- and USDA FS-administered lands with the highest probability of catastrophic wildfires, as well as areas on those lands where there is a high probability that wildfires would threaten people, structures, or other high-value assets, in order to direct and prioritize actions to meet land management goals and to protect communities; (ii) Examine the costs and challenges relating to management of DOI- and USDA FS-administered lands, including costs associated with wildfire suppression, implementation of applicable statutory requirements, and litigation; (iii) Review land designations and policies that may limit active forest management and increase the risk of catastrophic wildfires; (iv) Consider market conditions as appropriate when preparing timber sales, including biomass and biochar opportunities, and encourage export of these or similar forest-treatment products to the maximum extent permitted by law, in order to promote active forest management, mitigate wildfire risk, and encourage post-fire forest restoration; (v) Develop recommended actions and incentives to expand uses, markets, and utilization of forest products resulting from restoration and fuel reduction projects in forests, rangelands, and other Federal lands, including biomass and small-diameter materials; (vi) Assess how effectively Federal programs and investments support forest-product infrastructure and market access; (vii) Identify and assess methods, including methods undertaken pursuant to section 3(b)(iv) of this order, to more effectively and efficiently streamline consultation under the Endangered Species Act; (viii) In conjunction with the Administrator of the Environmental Protection Agency, identify methods to reduce interagency regulatory barriers, improve alignment of Federal, State, and tribal policy, and identify redundant policies and procedures to promote efficiencies in implementing the Clean Water Act of 1972 [also known as the Federal Water Pollution Control Act] ( 33 U.S.C. 1251 et seq 42 U.S.C. 7401 et seq (ix) Develop procedures and guidance to facilitate timely compliance with the National Environmental Policy Act. Sec Collaborative Partnerships (a) Supporting road activities needed to maintain forest, rangeland, and other Federal land health and to mitigate wildfire risk by expanding existing or entering into new Good Neighbor Authority agreements, consistent with applicable law; and (b) Achieving the land management restoration goals set forth in section 2 of this order and reducing fuel loads by pursuing long-term stewardship contracts, including 20-year contracts, with States, tribes, non-profit organizations, communities, and the private sector, consistent with applicable law. Sec General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  Donald J. Trump.  Ex. Ord. No. 13976. Establishing the Wildland Fire Management Policy Committee Ex. Ord. No. 13976, Jan. 14, 2021 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section Purpose December 21, 2018 In contrast to effective ground-level coordination with States, including at the National Interagency Fire Center on suppression activity and the Wildland Fire Leadership Council (WFLC) on Federal-State policy coordination, agencies do not adequately or effectively coordinate with each other at the policy level to reduce hazardous fuels and wildfire severity. This order will ensure that agencies effectively work together in coordinating Federal wildland fire management policy to improve funding allocations for hazardous fuel projects, performance measures for suppression operations and hazardous fuels mitigation, procurement, Federal-State cooperation and cost sharing, cross-jurisdictional post-wildfire rehabilitation, monitoring of electric transmission lines and other critical infrastructure, and other functions. Sec. Policy (a) Improve coordination among agencies on wildland fire management policy, implementation, and oversight issues; (b) Reduce unnecessary duplication across the Federal Government by coordinating and consolidating existing wildland fire-related councils, working groups, and other formal cross-agency initiatives, as appropriate; (c) Efficiently and effectively manage preparedness resources, initial attack response, extended attack and large-fire support, post-wildfire rehabilitation, and hazardous fuels at a cross-boundary, landscape scale; (d) Promote integrated planning and procurement among agencies for Federal investments in wildland fire management infrastructure; (e) Support workforce development and efforts to recruit, train, and retain Federal wildland firefighters to efficiently and effectively respond to wildfire on public lands, and to protect life, property, and community infrastructure; and (f) Coordinate Federal engagement with State, local, and tribal government entities, including Federal policy positions in the WFLC. Sec. Interagency Wildland Fire Subcabinet (a) The Wildland Fire Subcabinet shall be co-chaired by the Secretary of Agriculture and Secretary of the Interior (Co-Chairs), and shall include the Secretary of Defense, the Secretary of Energy, the Secretary of Homeland Security, the Chairman of the Council on Environmental Quality (CEQ), the Director of the Office of Science and Technology Policy (OSTP), the Administrator of the Environmental Protection Agency (EPA), the Director of the National Economic Council (NEC), and the heads of such other agencies, or their designated representatives, as the Co-Chairs deem appropriate. (b) The Wildland Fire Subcabinet shall meet quarterly. Sec. Reducing Inefficiencies and Duplication Jan. 14, 2021 Sec. Improving Wildland Fire Management Policy Coordination, Implementation, and Oversight (a) Effectively managing preparedness resources, initial attack response, extended attack and large-fire support, post-wildfire rehabilitation, and hazardous fuels at a cross-boundary, landscape scale; (b) Developing and adopting additional hazardous fuels performance measures that go beyond the traditional output reporting of total acreage for fuel removal to transparently demonstrate a strategic focus on projects that, by consensus agreement, pose the highest risks to life, property, and community infrastructure; (c) Developing and adopting additional wildland fire suppression operations performance measures for large wildfires, and for aviation asset deployment, that go beyond the traditional output reporting of acres burned, dollars spent, and gallons of retardant dropped to demonstrate strategic use of high-cost human capital, equipment, and aircraft as opposed to traditional reliance on overwhelming force; (d) Developing and adopting new technologies to bring to bear cutting-edge management of the wildland fire program to improve the safety, efficiency, and effectiveness of suppression operations; (e) Developing and adopting data-driven decision-making in order to support infrastructure, allowing for better integration of wildland fire research and development into ground-level suppression operations and hazardous fuel mitigation; (f) Evaluating personnel policies to ensure that they allow for the year-round availability of a well-trained firefighting force at all levels, from apprentice to incident command, and the most efficient division of responsibility between line officers and incident commanders to support wildfire response and hazardous fuels reduction; (g) Strengthening government and industry collaboration with critical infrastructure owners and operators, including electric utilities, to better manage and mitigate risks, improve and invest in technology research and development, deploy technologies in concert with the private sector, exchange lessons learned in training and monitoring capabilities, and share operational practices; (h) Examining regulatory and other issues that negatively impact hazardous fuel reduction and post-wildfire rehabilitation program performance, including coordination across agencies on projects requiring compliance with the National Environmental Policy Act, 42 U.S.C. 4321 (i) Coordinating among Federal land managers to assure efficient and consistent approaches between agencies to review and approve utility vegetation management actions to improve or maintain the reliability of the grid or reduce wildfire risk; and (j) Developing a coordinated budget strategy that addresses the trade-offs between suppression, preparedness, post-wildfire rehabilitation, and fuels treatment to ensure a balanced commitment of resources and investment in areas at risk or affected by wildfire. Sec. Report Sec. Administration Sec. Federal Advisory Committee Act 5 U.S.C. 1001 Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  Donald J. Trump.  1748b1. Wildfire technology modernization (a) Purpose The purpose of this section is to promote the use of the best available technology to enhance the effective and cost-efficient response to wildfires (1) to meet applicable protection objectives; and (2) to increase the safety of (A) firefighters; and (B) the public. (b) Definitions In this section: (1) Secretaries The term Secretaries means (A) the Secretary of Agriculture; and (B) the Secretary. (2) Secretary concerned The term Secretary concerned means (A) the Secretary of Agriculture, with respect to activities under the Department of Agriculture; and (B) the Secretary, with respect to activities under the Department of the Interior. (c) Unmanned aircraft systems (1) Definitions In this subsection, the terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 44801 of title 49 (2) Establishment of program Not later than 180 days after March 12, 2019 (3) Expanding use of unmanned aircraft systems on wildfires In carrying out the program established under paragraph (2), the Secretaries, in coordination with the Federal Aviation Administration, State wildland firefighting agencies, and other relevant Federal agencies, shall enter into an agreement under which the Secretaries shall develop consistent protocols and plans for the use on wildland fires of unmanned aircraft system technologies, including for the development of real-time maps of the location of wildland fires. (d) Location systems for wildland firefighters (1) In general Not later than 2 years after March 12, 2019 (2) Requirements The system shall (A) use the most practical and effective technology available to the Secretaries to remotely track the location of an active resource, such as a Global Positioning System; (B) depict the location of each fire resource on the applicable maps developed under subsection (c)(3); (C) operate continuously during the period for which any firefighting personnel are assigned to the applicable Federal wildland fire; and (D) be subject to such terms and conditions as the Secretary concerned determines necessary for the effective implementation of the system. (3) Operation The Secretary concerned shall (A) before commencing operation of the system (i) conduct not fewer than 2 pilot projects relating to the operation, management, and effectiveness of the system; and (ii) review the results of those pilot projects; (B) conduct training, and maintain a culture, such that an employee, officer, or contractor shall not rely on the system for safety; and (C) establish procedures for the collection, storage, and transfer of data collected under this subsection to ensure (i) data security; and (ii) the privacy of wildland fire personnel. (e) Wildland fire decision support (1) Protocol To the maximum extent practicable, the Secretaries shall ensure that wildland fire management activities conducted by the Secretaries, or conducted jointly by the Secretaries and State wildland firefighting agencies, achieve compliance with applicable incident management objectives in a manner that (A) minimizes firefighter exposure to the lowest level necessary; and (B) reduces overall costs of wildfire incidents. (2) Wildfire decision support system (A) In general The Secretaries, in coordination with State wildland firefighting agencies, shall establish a system or expand an existing system to track and monitor decisions made by the Secretaries or State wildland firefighting agencies in managing wildfires. (B) Components The system established or expanded under subparagraph (A) shall be able to alert the Secretaries if (i) unusual costs are incurred; (ii) an action to be carried out would likely (I) endanger the safety of a firefighter; or (II) be ineffective in meeting an applicable suppression or protection goal; or (iii) a decision regarding the management of a wildfire deviates from (I) an applicable protocol established by the Secretaries, including the requirement under paragraph (1); or (II) an applicable spatial fire management plan or fire management plan of the Secretary concerned. (f) Smoke projections from active wildland fires The Secretaries shall establish a program, to be known as the Interagency Wildland Fire Air Quality Response Program, under which the Secretary concerned (1) to the maximum extent practicable, shall assign 1 or more air resource advisors to a type 1 incident management team managing a Federal wildland fire; and (2) may assign 1 or more air resource advisors to a type 2 incident management team managing a wildland fire. (g) Omitted (h) Rapid Response Erosion Database (1) In general The Secretaries, in consultation with the Administrator of the National Aeronautics and Space Administration and the Secretary of Commerce, shall establish and maintain a database, to be known as the Rapid Response Erosion Database (referred to in this subsection as the Database). (2) Open-source Database (A) Availability The Secretaries shall make the Database (including the original source code) (i) web-based; and (ii) available without charge. (B) Components To the maximum extent practicable, the Database shall provide for (i) the automatic incorporation of spatial data relating to vegetation, soils, and elevation into an applicable map created by the Secretary concerned that depicts the changes in land-cover and soil properties caused by a wildland fire; and (ii) the generation of a composite map that can be used by the Secretary concerned to model the effectiveness of treatments in the burned area to prevent flooding, erosion, and landslides under a range of weather scenarios. (3) Use The Secretary concerned shall use the Database, as applicable, in developing recommendations for emergency stabilization treatments or modifications to drainage structures to protect values-at-risk following a wildland fire. (4) Coordination The Secretaries may share the Database, and any results generated in using the Database, with any State or unit of local government. (i) Predicting where wildfires will start (1) In general The Secretaries, in consultation with the Administrator of the National Aeronautics and Space Administration, the Secretary of Energy, and the Secretary of Commerce, through the capabilities and assets located at the National Laboratories, shall establish and maintain a system to predict the locations of future wildfires for fire-prone areas of the United States. (2) Cooperation; components The system established under paragraph (1) shall be based on, and seek to enhance, similar systems in existence on March 12, 2019 (3) Use in forecasts Not later than 1 year after March 12, 2019 (4) Coordination The Secretaries may share the system established under paragraph (1), and any results generated in using the system, with any State or unit of local government. (j) Termination of authority The authority provided by this section terminates on the date that is 10 years after March 12, 2019 (k) Savings clause Nothing in this section (1) requires the Secretary concerned to establish a new program, system, or database to replace an existing program, system, or database that meets the objectives of this section; or (2) precludes the Secretary concerned from using existing or future technology that (A) is more efficient, safer, or better meets the needs of firefighters, other personnel, or the public; and (B) meets the objectives of this section. ( Pub. L. 1169, title I,  1114 Mar. 12, 2019 133 Stat. 615  Editorial Notes Codification Section is comprised of section 1114 of Pub. L. 1169 section 1114 of Pub. L. 1169 section 2208 of Title 15 Statutory Notes and Related Subsidiaries Definition of Secretary Secretary means the Secretary of the Interior, see section 2 of Pub. L. 1169 section 1 of Title 16  1748c. Bureau of Land Management Foundation (a) Definitions In this section: (1) Board The term Board means the Board of Directors of the Foundation established under subsection (c). (2) Foundation The term Foundation means the Bureau of Land Management Foundation established by subsection (b)(1)(A). (3) Public land The term public land has the meaning given the term public lands in section 1702 of this title (4) Secretary The term Secretary means the Secretary of the Interior. (5) Wild free-roaming horses and burros The term wild free-roaming horses and burros has the meaning given the term in section 1332 of title 16 (b) Establishment and purposes (1) Establishment (A) In general There is established a foundation, to be known as the Bureau of Land Management Foundation. (B) Limitation The Foundation shall not be considered to be an agency or establishment of the United States. (C) Tax exemption The Foundation shall be considered to be a charitable and nonprofit corporation under section 501(c)(3) of title 26 (2) Purposes The purposes of the Foundation are (A) to encourage, accept, and administer private gifts of money and real and personal property for the benefit of, or in connection with the activities and services of, the Bureau of Land Management; (B) to carry out activities that advance the purposes for which public land is administered; (C) to carry out and encourage educational, technical, scientific, and other assistance or activities that support the mission of the Bureau of Land Management; and (D) to assist the Bureau of Land Management with challenges that could be better addressed with the support of a foundation, including (i) reclamation and conservation activities; (ii) activities relating to wild free-roaming horses and burros; and (iii) the stewardship of cultural and archeological treasures on public land. (c) Board of Directors (1) Establishment (A) In general The Foundation shall be governed by a Board of Directors. (B) Composition (i) In general The Board shall consist of not more than 9 members. (ii) Ex-officio member The Director of the Bureau of Land Management shall be an ex-officio, nonvoting member of the Board. (C) Requirements (i) Citizenship A member appointed to the Board shall be a citizen of the United States. (ii) Expertise A majority of members appointed to the Board shall have education or experience relating to natural, cultural, conservation, or other resource management, law, or research. (iii) Diverse points of view To the maximum extent practicable, the members of the Board shall represent diverse points of view. (2) Date of initial appointment Not later than 1 year after May 5, 2017 (3) Terms (A) In general Except as provided in subparagraph (B), a member of the Board shall be appointed for a term of 6 years. (B) Initial appointments The Secretary shall stagger the initial appointments to the Board, as the Secretary determines to be appropriate, in a manner that ensures that (i) 1/3 of the members shall serve for a term of 2 years; (ii) 1/3 of the members shall serve for a term of 4 years; and (iii) 1/3 of the members shall serve for a term of 6 years. (C) Vacancies A vacancy on the Board shall be filled (i) not later than 60 days after the date of the vacancy; (ii) in the manner in which the original appointment was made; and (iii) for the remainder of the term of the member vacating the Board. (D) Removal for failure to attend meetings (i) In general A member of the Board may be removed from the Board by a majority vote of the Board, if the individual fails to attend 3 consecutive regularly scheduled meetings of the Board. (ii) Requirements A vacancy as the result of a removal under clause (i) shall be filled in accordance with subparagraph (C). (E) Limitation A member of the Board shall not serve more than 12 consecutive years on the Board. (4) Chairperson (A) In general The Board shall elect a Chairperson from among the members of the Board. (B) Term The Chairperson of the Board (i) shall serve as Chairperson for a 2-year term; and (ii) may be reelected as Chairperson while serving as a member of the Board. (5) Quorum A majority of the voting members of the Board shall constitute a quorum for the transaction of business of the Board. (6) Meetings The Board shall meet (A) at the call of the Chairperson; but (B) not less than once each calendar year. (7) Reimbursement of expenses (A) In general Serving as a member of the Board shall not constitute employment by the Federal Government for any purpose. (B) Reimbursement A member of the Board shall serve without pay, other than reimbursement for the actual and necessary traveling and subsistence expenses incurred in the performance of the duties of the member for the Foundation, in accordance with section 5703 of title 5 (8) General powers The Board may (A) appoint officers and employees in accordance with paragraph (9); (B) adopt a constitution and bylaws consistent with the purposes of the Foundation and this section; and (C) carry out any other activities that may be necessary to function and to carry out this section. (9) Officers and employees (A) In general No officer or employee may be appointed to the Foundation until the date on which the Board determines that the Foundation has sufficient funds to pay for the service of the officer or employee. (B) Limitation Appointment as an officer or employee of the Foundation shall not constitute employment by the Federal Government. (10) Limitation and conflicts of interest (A) Prohibition on political activity The Foundation shall not participate or intervene in a political campaign on behalf of any candidate for public office. (B) Limitation on participation No member of the Board or officer or employee of the Foundation shall participate, directly or indirectly, in the consideration or determination of any question before the Foundation that affects (i) the financial interests of the member of the Board, officer, or employee; or (ii) the interests of any corporation partnership, entity, or organization in which the member of the Board, officer, or employee (I) is an officer, director, or trustee; or (II) has any direct or indirect financial interest. (d) Powers and obligations (1) In general The Foundation (A) shall have perpetual succession; and (B) may conduct business throughout the several States, territories, and possessions of the United States. (2) Notice; service of process (A) Designated agent The Foundation shall at all times maintain a designated agent in the District of Columbia authorized to accept service of process for the Foundation. (B) Service of process The serving of notice to, or service of process on, the agent required under this paragraph, or mailed to the business address of the agent, shall be deemed to be notice to, or the service of process on, the Foundation. (3) Seal The Foundation shall have an official seal, to be selected by the Board, which shall be judicially noticed. (4) Powers To carry out the purposes of the Foundation, the Foundation shall have, in addition to powers otherwise authorized by this section, the usual powers of a not-for-profit corporation in the District of Columbia, including the power (A) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, absolutely or in trust, of real or personal property, or any income from, or other interest in, the property; (B) to acquire by donation, gift, devise, purchase, or exchange, and to dispose of, any real or personal property or interest in the property; (C) to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income from property, unless limited by the instrument of transfer; (D) to borrow money and issue bonds, debentures, or other debt instruments; (E) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the members of the Board shall not be held personally liable, except in a case of gross negligence; (F) (i) to enter into contracts or other agreements with public agencies, private organizations, and persons; and (ii) to make such payments as may be necessary to carry out the purposes of the contracts or agreements; and (G) to carry out any activity necessary and proper to advance the purposes of the Foundation. (5) Real property (A) In general For purposes of this section, an interest in real property shall include mineral and water rights, rights-of-way, and easements, appurtenant or in gross. (B) Acceptance A gift, devise, or bequest of real property may be accepted by the Foundation, regardless of whether the property is encumbered, restricted, or subject to beneficial interests of a private person, if any current or future interest in the property is for the benefit of the Foundation. (C) Declining gifts The Foundation may, at the discretion of the Foundation, decline any gift, devise, or bequest of real property. (D) Prohibition on condemnation No land, water, or interest in land or water, that is owned by the Foundation shall be subject to condemnation by any State, political subdivision of a State, or agent or instrumentality of a State or political subdivision of a State. (e) Administrative services and support (1) Funding (A) In general For the purposes of assisting the Foundation in establishing an office and meeting initial administrative, project, and other expenses, the Secretary may provide to the Foundation, from funds appropriated under subsection (j), such sums as are necessary for fiscal years 2017 and 2018. (B) Availability of funds Funds made available under subparagraph (A) shall remain available to the Foundation until expended for authorized purposes. (2) Administrative expenses (A) In general The Secretary may provide to the Foundation personnel, facilities, equipment, and other administrative services, subject to such limitations, terms, and conditions as the Secretary may establish. (B) Reimbursement The Foundation may reimburse the Secretary for any support provided under subparagraph (A), in whole or in part, and any reimbursement received by the Secretary under this subparagraph shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing the services. (f) Volunteers The Secretary may accept, without regard to the civil service classification laws (including regulations), the services of the Foundation, the Board, and the officers, employees, and agents of the Foundation, without compensation from the Department of the Interior, as volunteers for the performance of the functions under section 1737(d) of this title (g) Audits and report requirements (1) Audits For purposes of section 10101 of title 36 (2) Annual reports At the end of each fiscal year, the Board shall submit to Congress a report that describes the proceedings and activities of the Foundation during that fiscal year, including a full and complete statement of the receipts, expenditures, and investments. (h) United States release from liability (1) In general The United States shall not be liable for any debt, default, act, or omission of the Foundation. (2) Full faith and credit The full faith and credit of the United States shall not extend to any obligation of the Foundation. (i) Limitation on authority Nothing in this section authorizes the Foundation to perform any function the authority for which is provided to the Bureau of Land Management under any other provision of law. (j) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. ( Pub. L. 11531, div. G, title I,  122 May 5, 2017 131 Stat. 463  Editorial Notes Codification Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017, and also as part of the Consolidated Appropriations Act, 2017, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.  1748d. Report on wildfire, insect infestation, and disease prevention on Federal land Not later than 180 days after December 20, 2018 1 1 (1) the number of acres of Federal land treated by the Secretary or the Secretary of the Interior for wildfire, insect infestation, or disease prevention; (2) the number of acres of Federal land categorized as a high or extreme fire risk; (3) the total timber production from Federal land; (4) the number of acres and average fire intensity of wildfires affecting Federal land treated for wildfire, insect infestation, or disease prevention; (5) the number of acres and average fire intensity of wildfires affecting Federal land not treated for wildfire, insect infestation, or disease prevention; (6) the Federal response time for each fire on greater than 25,000 acres; (7) the number of miles of roads and trails on Federal land in need of maintenance; (8) the number of miles of roads on Federal land in need of decommissioning; (9) the maintenance backlog, as of the date of the report, for roads, trails, and recreational facilities on Federal land; (10) other measures needed to maintain, improve, or restore water quality on Federal land; and (11) other measures needed to improve ecosystem function or resiliency on Federal land. ( Pub. L. 115334, title VIII,  8706 Dec. 20, 2018 132 Stat. 4880  Editorial Notes Codification Section was enacted as part of the Agriculture Improvement Act of 2018, 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 Agriculture, see section 2 of Pub. L. 115334 section 9001 of Title 7 SUBCHAPTER IV RANGE MANAGEMENT  1751. Grazing fees; feasibility study; contents; submission of report; annual distribution and use of range betterment funds; nature of distributions (a) The Secretary of Agriculture and the Secretary of the Interior shall jointly cause to be conducted a study to determine the value of grazing on the lands under their jurisdiction in the eleven Western States with a view to establishing a fee to be charged for domestic livestock grazing on such lands which is equitable to the United States and to the holders of grazing permits and leases on such lands. In making such study, the Secretaries shall take into consideration the costs of production normally associated with domestic livestock grazing in the eleven Western States, differences in forage values, and such other factors as may relate to the reasonableness of such fees. The Secretaries shall report the result of such study to the Congress not later than one year from and after October 21, 1976 October 21, 1976 (b) (1) Congress finds that a substantial amount of the Federal range lands is deteriorating in quality, and that installation of additional range improvements could arrest much of the continuing deterioration and could lead to substantial betterment of forage conditions with resulting benefits to wildlife, watershed protection, and livestock production. Congress therefore directs that 50 per centum or $10,000,000 per annum, whichever is greater of all moneys received by the United States as fees for grazing domestic livestock on public lands (other than from ceded Indian lands) under the Taylor Grazing Act ( 48 Stat. 1269 43 U.S.C. 315 August 28, 1937 50 Stat. 874 43 U.S.C. 1181d 1 1 2 2 (2) All distributions of moneys made under subsection (b)(1) shall be in addition to distributions made under section 10 of the Taylor Grazing Act [ 43 U.S.C. 315i 43 U.S.C. 315j ( Pub. L. 94579, title IV,  401(a) Oct. 21, 1976 90 Stat. 2772 Pub. L. 95514,  6(b) Oct. 25, 1978 92 Stat. 1806  Editorial Notes  References in Text The Taylor Grazing Act ( 48 Stat. 1269 43 U.S.C. 315 act June 28, 1934, ch. 865 48 Stat. 1269 section 315 of this title Act of August 28, 1937 act Aug. 28, 1937, ch. 876, title I 50 Stat. 875 section 1181d of this title section 2603 of this title Codification Subsec. (b)(2) of this section is comprised of second and third sentences of section 401(b)(2) of Pub. L. 94579 section 315i(b) of this title Amendments 1978Subsec. (b)(1). Pub. L. 95514 Statutory Notes and Related Subsidiaries Credit on Grazing Fee for Approved Conservation Practices Pub. L. 117328, div. G, title III Dec. 29, 2022 136 Stat. 4802 That notwithstanding section 33 of the Bankhead[-]Jones Farm Tenant Act ( 7 U.S.C. 1012 Similar provisions were contained in the following prior appropriation acts: Pub. L. 117103, div. G, title III Mar. 15, 2022 136 Stat. 391 Pub. L. 116260, div. G, title III Dec. 27, 2020 134 Stat. 1518 Pub. L. 11694, div. D, title III Dec. 20, 2019 133 Stat. 2725 Pub. L. 1166, div. E, title III Feb. 15, 2019 133 Stat. 242 Pub. L. 115141, div. G, title III Mar. 23, 2018 132 Stat. 671 Pub. L. 11531, div. G, title III May 5, 2017 131 Stat. 477 Moratorium on Increase of Grazing Fee for 1978 Grazing Year Pub. L. 95321 July 21, 1978 92 Stat. 394  1752. Grazing leases and permits (a) Terms and conditions Except as provided in subsection (b) of this section, permits and leases for domestic livestock grazing on public lands issued by the Secretary under the Act of June 28, 1934 48 Stat. 1269 43 U.S.C. 315 August 28, 1937 50 Stat. 874 43 U.S.C. 1181a118 1 1 (b) Terms of lesser duration Permits or leases may be issued by the Secretary concerned for a period shorter than ten years where the Secretary concerned determines that (1) the land is pending disposal; or (2) the land will be devoted to a public purpose prior to the end of ten years; or (3) it will be in the best interest of sound land management to specify a shorter term: Provided Provided further (c) First priority for renewal of expiring permit or lease (1) Renewal of expiring or transferred permit or lease During any period in which (A) the lands for which the permit or lease is issued remain available for domestic livestock grazing in accordance with land use plans prepared pursuant to section 1712 of this title section 1604 of title 16 (2) Continuation of terms under new permit or lease The terms and conditions in a grazing permit or lease that has expired, or was terminated due to a grazing preference transfer, shall be continued under a new permit or lease until the date on which the Secretary concerned completes any environmental analysis and documentation for the permit or lease required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (3) Completion of processing As of the date on which the Secretary concerned completes the processing of a grazing permit or lease in accordance with paragraph (2), the permit or lease may be canceled, suspended, or modified, in whole or in part. (4) Environmental reviews The Secretary concerned shall seek to conduct environmental reviews on an allotment or multiple allotment basis, to the extent practicable, if the allotments share similar ecological conditions, for purposes of compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (d) Allotment management plan requirements All permits and leases for domestic livestock grazing issued pursuant to this section may incorporate an allotment management plan developed by the Secretary concerned. However, nothing in this subsection shall be construed to supersede any requirement for completion of court ordered environmental impact statements prior to development and incorporation of allotment management plans. If the Secretary concerned elects to develop an allotment management plan for a given area, he shall do so in careful and considered consultation, cooperation and coordination with the lessees, permittees, and landowners involved, the district grazing advisory boards established pursuant to section 1753 of this title 43 U.S.C. 1901 (e) Omission of allotment management plan requirements and incorporation of appropriate terms and conditions; reexamination of range conditions In all cases where the Secretary concerned has not completed an allotment management plan or determines that an allotment management plan is not necessary for management of livestock operations and will not be prepared, the Secretary concerned shall incorporate in grazing permits and leases such terms and conditions as he deems appropriate for management of the permitted or leased lands pursuant to applicable law. The Secretary concerned shall also specify therein the numbers of animals to be grazed and the seasons of use and that he may reexamine the condition of the range at any time and, if he finds on reexamination that the condition of the range requires adjustment in the amount or other aspect of grazing use, that the permittee or lessee shall adjust his use to the extent the Secretary concerned deems necessary. Such readjustment shall be put into full force and effect on the date specified by the Secretary concerned. (f) Allotment management plan applicability to non-Federal lands; appeal rights Allotment management plans shall not refer to livestock operations or range improvements on non-Federal lands except where the non-Federal lands are intermingled with, or, with the consent of the permittee or lessee involved, associated with, the Federal lands subject to the plan. The Secretary concerned under appropriate regulations shall grant to lessees and permittees the right of appeal from decisions which specify the terms and conditions of allotment management plans. The preceding sentence of this subsection shall not be construed as limiting any other right of appeal from decisions of such officials. (g) Cancellation of permit or lease; determination of reasonable compensation; notice Whenever a permit or lease for grazing domestic livestock is canceled in whole or in part, in order to devote the lands covered by the permit or lease to another public purpose, including disposal, the permittee or lessee shall receive from the United States a reasonable compensation for the adjusted value, to be determined by the Secretary concerned, of his interest in authorized permanent improvements placed or constructed by the permittee or lessee on lands covered by such permit or lease, but not to exceed the fair market value of the terminated portion of the permittees or lessees interest therein. Except in cases of emergency, no permit or lease shall be canceled under this subsection without two years prior notification. (h) National Environmental Policy Act of 1969 (1) In general The issuance of a grazing permit or lease by the Secretary concerned may be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (A) the issued permit or lease continues the current grazing management of the allotment; and (B) the Secretary concerned (i) has assessed and evaluated the grazing allotment associated with the lease or permit; and (ii) based on the assessment and evaluation under clause (i), has determined that the allotment (I) with respect to public land administered by the Secretary of the Interior (aa) is meeting land health standards; or (bb) is not meeting land health standards due to factors other than existing livestock grazing; or (II) with respect to National Forest System land administered by the Secretary of Agriculture (aa) is meeting objectives in the applicable land and resource management plan; or (bb) is not meeting the objectives in the applicable land resource management plan due to factors other than existing livestock grazing. (2) Trailing and crossing The trailing and crossing of livestock across public land and National Forest System land and the implementation of trailing and crossing practices by the Secretary concerned may be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (i) Priority and timing for completion of environmental analyses The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis with respect to a grazing allotment, permit, or lease based on (1) the environmental significance of the grazing allotment, permit, or lease; and (2) the available funding for the environmental analysis. (j) Applicability of provisions to rights, etc., in or to public lands or lands in National Forests Nothing in this Act shall be construed as modifying in any way law existing on October 21, 1976 ( Pub. L. 94579, title IV,  402 Oct. 21, 1976 90 Stat. 2773 Pub. L. 95514 Oct. 25, 1978 92 Stat. 1807 Pub. L. 113291, div. B, title XXX,  3023 Dec. 19, 2014 128 Stat. 3762  Editorial Notes  References in Text Act of June 28, 1934 act June 28, 1934, ch. 865 48 Stat. 1269 section 315 of this title Act of August 28, 1937 50 Stat. 874 43 U.S.C. 1181a118 act Aug. 28, 1937, ch. 876 50 Stat. 874 section 1181c of this title Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 act May 24, 1939, ch. 144 53 Stat. 753 act June 24, 1954, ch. 357 68 Stat. 270 The National Environmental Policy Act of 1969, referred to in subsecs. (c)(2), (4) and (h), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Public Rangelands Improvement Act of 1978, referred to in subsec. (d), is Pub. L. 95514 Oct. 25, 1978 92 Stat. 1803 section 1901 of this title This Act, referred to in subsec. (j), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 Amendments 2014Subsec. (c). Pub. L. 113291,  3023(1) Subsecs. (h) to (j). Pub. L. 113291,  3023(2) 1978Subsec. (a). Pub. L. 95514,  7(b) Subsec. (b)(3). Pub. L. 95514,  7(a) Subsec. (d). Pub. L. 95514,  8(a) October 1, 1988 Subsec. (e). Pub. L. 95514,  8(b) October 1, 1988 Statutory Notes and Related Subsidiaries Grazing Permit Renewals Pub. L. 108108, title III,  325 Nov. 10, 2003 117 Stat. 1308 That beginning in November 2004, and every year thereafter, the Secretaries of the Interior and Agriculture shall report to Congress the extent to which they are completing analysis required under applicable laws prior to the expiration of grazing permits, and beginning in May 2004, and every two years thereafter, the Secretaries shall provide Congress recommendations for legislative provisions necessary to ensure all permit renewals are completed in a timely manner. The legislative recommendations provided shall be consistent with the funding levels requested in the Secretaries budget proposals. Appeals of Reductions in Grazing Allotments on Public Rangeland; Time; Effective Date of Reductions; Suspension Pending Final Action on Appeal Provisions requiring appeals of reductions in grazing allotments on public rangelands to be taken within a certain time period; providing that reductions of up to 10 per centum in grazing allotments are effective when so designated by the Secretary; suspending proposed reductions in excess of 10 per centum pending final action on appeals; and requiring final action on appeals to be completed within 2 years of filing of the appeal were contained in the following appropriation acts: Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1378 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 993 Pub. L. 101512, title I Nov. 5, 1990 104 Stat. 1917 Pub. L. 101121, title I Oct. 23, 1989 103 Stat. 704 Pub. L. 100446, title I Sept. 27, 1988 102 Stat. 1776 Pub. L. 100202,  101(g) [title I] Dec. 22, 1987 101 Stat. 1329213 Pub. L. 99500,  101(h) [title I] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title I] Oct. 30, 1986 100 Stat. 3341242 Pub. L. 99190,  101(d) [title I] Dec. 19, 1985 99 Stat. 1224 Pub. L. 98473, title I,  101(c) [title I] Oct. 12, 1984 98 Stat. 1837 Pub. L. 98146, title I Nov. 4, 1983 97 Stat. 921 Pub. L. 97394, title I Dec. 30, 1982 96 Stat. 1968 Pub. L. 97100, title I Dec. 23, 1981 95 Stat. 1393 Pub. L. 96514, title I Dec. 12, 1980 94 Stat. 2959 Pub. L. 96126, title I Nov. 27, 1979 93 Stat. 956  1753. Omitted  Editorial Notes Codification Section, Pub. L. 94579, title IV,  403 Oct. 21, 1976 90 Stat. 2775 Pub. L. 95514,  10 Oct. 25, 1978 92 Stat. 1808 Dec. 31, 1985 SUBCHAPTER V RIGHTS-OF-WAY  1761. Grant, issue, or renewal of rights-of-way (a) Authorized purposes The Secretary, with respect to the public lands (including public lands, as defined in section 1702(e) of this title 16 U.S.C. 818 (1) reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other facilities and systems for the impoundment, storage, transportation, or distribution of water; (2) pipelines and other systems for the transportation or distribution of liquids and gases, other than water and other than oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom, and for storage and terminal facilities in connection therewith; (3) pipelines, slurry and emulsion systems, and conveyor belts for transportation and distribution of solid materials, and facilities for the storage of such materials in connection therewith; (4) systems for generation, transmission, and distribution of electric energy, except that the applicant shall also comply with all applicable requirements of the Federal Energy Regulatory Commission under the Federal Power Act, including part 1 1 1 41 Stat. 1063 16 U.S.C. 791a825r 2 2 (5) systems for transmission or reception of radio, television, telephone, telegraph, and other electronic signals, and other means of communication; (6) roads, trails, highways, railroads, canals, tunnels, tramways, airways, livestock driveways, or other means of transportation except where such facilities are constructed and maintained in connection with commercial recreation facilities on lands in the National Forest System; or (7) such other necessary transportation or other systems or facilities which are in the public interest and which require rights-of-way over, upon, under, or through such lands. (b) Procedures applicable; administration (1) The Secretary concerned shall require, prior to granting, issuing, or renewing a right-of-way, that the applicant submit and disclose those plans, contracts, agreements, or other information reasonably related to the use, or intended use, of the right-of-way, including its effect on competition, which he deems necessary to a determination, in accordance with the provisions of this Act, as to whether a right-of-way shall be granted, issued, or renewed and the terms and conditions which should be included in the right-of-way. (2) If the applicant is a partnership, corporation, association, or other business entity, the Secretary concerned, prior to granting a right-to-way 3 3 (3) The Secretary of Agriculture shall have the authority to administer all rights-of-way granted or issued under authority of previous Acts with respect to lands under the jurisdiction of the Secretary of Agriculture, including rights-of-way granted or issued pursuant to authority given to the Secretary of the Interior by such previous Acts. (c) Permanent easement for water systems; issuance, preconditions, etc. (1) Upon receipt of a written application pursuant to paragraph (2) of this subsection from an applicant meeting the requirements of this subsection, the Secretary of Agriculture shall issue a permanent easement, without a requirement for reimbursement, for a water system as described in subsection (a)(1) of this section, traversing Federal lands within the National Forest System (National Forest Lands), constructed and in operation or placed into operation prior to October 21, 1976 (A) the traversed National Forest lands are in a State where the appropriation doctrine governs the ownership of water rights; (B) at the time of submission of the application the water system is used solely for agricultural irrigation or livestock watering purposes; (C) the use served by the water system is not located solely on Federal lands; (D) the originally constructed facilities comprising such system have been in substantially continuous operation without abandonment; (E) the applicant has a valid existing right, established under applicable State law, for water to be conveyed by the water system; (F) a recordable survey and other information concerning the location and characteristics of the system as necessary for proper management of National Forest lands is provided to the Secretary of Agriculture by the applicant for the easement; and (G) the applicant submits such application on or before December 31, 1996 (2) (A) Nothing in this subsection shall be construed as affecting any grants made by any previous Act. To the extent any such previous grant of right-of-way is a valid existing right, it shall remain in full force and effect unless an owner thereof notifies the Secretary of Agriculture that such owner elects to have a water system on such right-of-way governed by the provisions of this subsection and submits a written application for issuance of an easement pursuant to this subsection, in which case upon the issuance of an easement pursuant to this subsection such previous grant shall be deemed to have been relinquished and shall terminate. (B) Easements issued under the authority of this subsection shall be fully transferable with all existing conditions and without the imposition of fees or new conditions or stipulations at the time of transfer. The holder shall notify the Secretary of Agriculture within sixty days of any address change of the holder or change in ownership of the facilities. (C) Easements issued under the authority of this subsection shall include all changes or modifications to the original facilities in existence as of October 21, 1976 (D) Any future extension or enlargement of facilities after October 21, 1976 (3) (A) Except as otherwise provided in this subsection, the Secretary of Agriculture may terminate or suspend an easement issued pursuant to this subsection in accordance with the procedural and other provisions of section 1766 of this title (B) Nothing in this subsection shall be deemed to be an assertion by the United States of any right or claim with regard to the reservation, acquisition, or use of water. Nothing in this subsection shall be deemed to confer on the Secretary of Agriculture any power or authority to regulate or control in any manner the appropriation, diversion, or use of water for any purpose (nor to diminish any such power or authority of such Secretary under applicable law) or to require the conveyance or transfer to the United States of any right or claim to the appropriation, diversion, or use of water. (C) Except as otherwise provided in this subsection, all rights-of-way issued pursuant to this subsection are subject to all conditions and requirements of this Act. (D) In the event a right-of-way issued pursuant to this subsection is allowed to deteriorate to the point of threatening persons or property and the holder of the right-of-way, after consultation with the Secretary of Agriculture, refuses to perform the repair and maintenance necessary to remove the threat to persons or property, the Secretary shall have the right to undertake such repair and maintenance on the right-of-way and to assess the holder for the costs of such repair and maintenance, regardless of whether the Secretary had required the holder to furnish a bond or other security pursuant to subsection (i) of this section. (d) Rights-of-way on certain Federal lands With respect to any project or portion thereof that was licensed pursuant to, or granted an exemption from, part I of the Federal Power Act [ 16 U.S.C. 791a 16 U.S.C. 818 October 24, 1992 16 U.S.C. 808 ( Pub. L. 94579, title V,  501 Oct. 21, 1976 90 Stat. 2776 Pub. L. 99545,  1(b) Oct. 27, 1986 100 Stat. 3047 Pub. L. 102486, title XXIV,  2401 Oct. 24, 1992 106 Stat. 3096  Editorial Notes  References in Text The Federal Power Act, referred to in subsecs. (a)(4) and (d), is act June 20, 1920, ch. 285 41 Stat. 1063 section 791a of Title 16 This Act, referred to in subsecs. (b)(1) and (c)(3)(C), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 Amendments 1992Subsec. (a). Pub. L. 102486,  2401(1) section 1702(e) of this title 16 U.S.C. 818 Subsec. (a)(4). Pub. L. 102486,  2401(2) 41 Stat. 1063 16 U.S.C. 791a825r 49 Stat. 847 16 U.S.C. 791 Subsec. (d). Pub. L. 102486,  2401(3) 1986Subsec. (b)(3). Pub. L. 99545,  1(c) Subsec. (c). Pub. L. 99545,  1(b) Executive Documents  Transfer of Functions Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with land use permits for other associated land uses issued under sections 1761, and 1763 to 1771 of this title, and such functions of Secretary or other official in Department of the Interior related to compliance with land use permits for temporary use of public lands and other associated land uses, issued under sections 1732, 1761, and 1763 to 1771 of this title, with respect to pre-construction, construction, and initial operation of transportation systems for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,  102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373 July 1, 1979 section 3012(b) of Pub. L. 102486 section 719e of Title 15 section 720d(f) of Title 15  1761a. Streamlining the Forest Service process for consideration of communications facility location applications (a) Definitions In this section: (1) Communications facility The term communications facility includes (A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and (B) any antenna or apparatus that (i) is designed for the purpose of emitting radio frequency; (ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; and (iii) is added to a tower, building, or other structure. (2) Communications site The term communications site means an area of covered land designated for communications uses. (3) Communications use The term communications use means the placement and operation of a communications facility. (4) Communications use authorization The term communications use authorization means an easement, right-of-way, lease, license, or other authorization to locate or modify a communications facility on covered land by the Forest Service for the primary purpose of authorizing the occupancy and use of the covered land for communications use. (5) Covered land The term covered land means National Forest System land. (6) Forest Service The term Forest Service means the United States Forest Service of the Department of Agriculture. (7) Organizational unit The term organizational unit means, within the Forest Service (A) a regional office; (B) the headquarters; (C) a management unit; or (D) a ranger district office. (b) Regulations Notwithstanding section 1455 of title 47 Public Law 115141 December 20, 2018 (1) to streamline the process for considering applications to locate or modify communications facilities on covered land; (2) to ensure, to the maximum extent practicable, that the process is uniform and standardized across the organizational units of the Forest Service; and (3) to require that the applications described in paragraph (1) be considered and granted on a competitively neutral, technology neutral, and non-discriminatory basis. (c) Requirements The regulations issued under subsection (b) shall include the following: (1) Procedures for the tracking of applications described in subsection (b)(1), including (A) identifying the number of applications (i) received; (ii) approved; and (iii) denied; (B) in the case of an application that is denied, describing the reasons for the denial; and (C) describing the amount of time between the receipt of an application and the issuance of a final decision on an application. (2) Provision for minimum lease terms of not less than 15 years for leases with respect to the location of communications facilities on covered land. (3) A structure of fees for (A) submitting an application described in subsection (b)(1), based on the cost to the Forest Service of considering such an application; and (B) issuing communications use authorizations, based on the cost to the Forest Service of any maintenance or other activities required to be performed by the Forest Service as a result of the location or modification of the communications facility. (4) Provision for prioritization or streamlining of the consideration of applications to locate or modify communications facilities on covered land in a previously disturbed right-of-way. (d) Additional considerations In issuing regulations under subsection (b), the Secretary shall consider (1) how discrete reviews in considering an application described in subsection (b)(1) can be conducted simultaneously, rather than sequentially, by any organizational units of the Forest Service that must approve the location or modification; and (2) how to eliminate overlapping requirements among the organizational units of the Forest Service with respect to the location or modification of a communications facility on covered land administered by those organizational units. (e) Communication of streamlined process to organizational units The Secretary shall, with respect to the regulations issued under subsection (b) (1) communicate the regulations to the organizational units of the Forest Service; and (2) ensure that the organizational units of the Forest Service follow the regulations. (f) Deposit and availability of fees (1) Special account The Secretary of the Treasury shall establish a special account in the Treasury for the Forest Service for the deposit of fees collected by the Forest Service under subsection (c)(3) for communications use authorizations on covered land granted, issued, or executed by the Forest Service. (2) Requirements for fees collected Fees collected by the Forest Service under subsection (c)(3) shall be (A) collected only to the extent provided in advance in appropriations Acts; (B) based on the costs described in subsection (c)(3); and (C) competitively neutral, technology neutral, and nondiscriminatory with respect to other users of the communications site. (3) Deposit of fees Fees collected by the Forest Service under subsection (c)(3) shall be deposited in the special account established for the Forest Service under paragraph (1). (4) Availability of fees Amounts deposited in the special account for the Forest Service shall be available, to the extent and in such amounts as are provided in advance in appropriation Acts, to the Secretary to cover costs incurred by the Forest Service described in subsection (c)(3), including the following: (A) Preparing needs assessments or other programmatic analyses necessary to designate communications sites and issue communications use authorizations. (B) Developing management plans for communications sites. (C) Training for management of communications sites. (D) Obtaining or improving access to communications sites. (5) No additional appropriations authorized Except as provided in paragraph (4), no other amounts are authorized to be appropriated to carry out this section. (g) Savings provisions (1) Real property authorities Nothing in this section, or the amendments made by this section, shall be construed as providing any executive agency with any new leasing or other real property authorities not existing prior to December 20, 2018 (2) Effect on other laws Nothing in this section, or the amendments made by this section, and no actions taken pursuant to this section, or the amendments made by this section, shall impact a decision or determination by any executive agency to sell, dispose of, declare excess or surplus, lease, reuse, or redevelop any Federal real property pursuant to title 40, the Federal Assets Sale and Transfer Act of 2016 ( 40 U.S.C. 1303 Public Law 114287 ( Pub. L. 115334, title VIII,  8705 Dec. 20, 2018 132 Stat. 4878 Pub. L. 11694, div. D, title IV,  416 Dec. 20, 2019 133 Stat. 2746  Editorial Notes  References in Text Section 606 of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018, referred to in subsec. (b), is section 606 of div. P of Pub. L. 115141 section 1455 of Title 47 section 1455 of Title 47 Codification Section was enacted as part of the Agriculture Improvement Act of 2018, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter. Amendments 2019Subsec. (f)(2). Pub. L. 11694 (A) based on the costs described in subsection (c)(3); and (B) competitively neutral, technology neutral, and nondiscriminatory with respect to other users of the communications site. Statutory Notes and Related Subsidiaries  Definition of Secretary Secretary means the Secretary of Agriculture, see section 2 of Pub. L. 115334 section 9001 of Title 7  1762. Roads (a) Authority to acquire, construct, and maintain; financing arrangements The Secretary, with respect to the public lands, is authorized to provide for the acquisition, construction, and maintenance of roads within and near the public lands in locations and according to specifications which will permit maximum economy in harvesting timber from such lands tributary to such roads and at the same time meet the requirements for protection, development, and management of such lands for utilization of the other resources thereof. Financing of such roads may be accomplished (1) by the Secretary utilizing appropriated funds, (2) by requirements on purchasers of timber and other products from the public lands, including provisions for amortization of road costs in contracts, (3) by cooperative financing with other public agencies and with private agencies or persons, or (4) by a combination of these methods: Provided Provided further (b) Recordation of copies of affected instruments Copies of all instruments affecting permanent interests in land executed pursuant to this section shall be recorded in each county where the lands are located. (c) Maintenance or reconstruction of facilities by users The Secretary may require the user or users of a road, trail, land, or other facility administered by him through the Bureau, including purchasers of Government timber and other products, to maintain such facilities in a satisfactory condition commensurate with the particular use requirements of each. Such maintenance to be borne by each user shall be proportionate to total use. The Secretary may also require the user or users of such a facility to reconstruct the same when such reconstruction is determined to be necessary to accommodate such use. If such maintenance or reconstruction cannot be so provided or if the Secretary determines that maintenance or reconstruction by a user would not be practical, then the Secretary may require that sufficient funds be deposited by the user to provide his portion of such total maintenance or reconstruction. Deposits made to cover the maintenance or reconstruction of roads are hereby made available until expended to cover the cost to the United States of accomplishing the purposes for which deposited: Provided And provided further (d) Fund for user fees for delayed payment to grantor Whenever the agreement under which the United States has obtained for the use of, or in connection with, the public lands a right-of-way or easement for a road or an existing road or the right to use an existing road provides for delayed payments to the Governments grantor, any fees or other collections received by the Secretary for the use of the road may be placed in a fund to be available for making payments to the grantor. ( Pub. L. 94579, title V,  502 Oct. 21, 1976 90 Stat. 2777  1763. Right-of-way corridors; criteria and procedures applicable for designation  In order to minimize adverse environmental impacts and the proliferation of separate rights-of-way, the utilization of rights-of-way in common shall be required to the extent practical, and each right-of-way or permit shall reserve to the Secretary concerned the right to grant additional rights-of-way or permits for compatible uses on or adjacent to rights-of-way granted pursuant to this Act. In designating right-of-way corridors and in determining whether to require that rights-of-way be confined to them, the Secretary concerned shall take into consideration national and State land use policies, environmental quality, economic efficiency, national security, safety, and good engineering and technological practices. The Secretary concerned shall issue regulations containing the criteria and procedures he will use in designating such corridors. Any existing transportation and utility corridors may be designated as transportation and utility corridors pursuant to this subsection without further review. ( Pub. L. 94579, title V,  503 Oct. 21, 1976 90 Stat. 2778  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 Executive Documents  Transfer of Functions Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with land use permits for other associated land uses issued under sections 1761, and 1763 to 1771 of this title, and such functions of Secretary or other official in Department of the Interior related to compliance with land use permits for temporary use of public lands and other associated land uses, issued under sections 1732, 1761, and 1763 to 1771 of this title, with respect to pre-construction, construction, and initial operation of transportation systems for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,  102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373 July 1, 1979 section 3012(b) of Pub. L. 102486 section 719e of Title 15 section 720d(f) of Title 15  1764. General requirements (a) Boundary specifications; criteria; temporary use of additional lands The Secretary concerned shall specify the boundaries of each right-of-way as precisely as is practical. Each right-of-way shall be limited to the ground which the Secretary concerned determines (1) will be occupied by facilities which constitute the project for which the right-of-way is granted, issued, or renewed, (2) to be necessary for the operation or maintenance of the project, (3) to be necessary to protect the public safety, and (4) will do no unnecessary damage to the environment. The Secretary concerned may authorize the temporary use of such additional lands as he determines to be reasonably necessary for the construction, operation, maintenance, or termination of the project or a portion thereof, or for access thereto. (b) Terms and conditions of right-of-way or permit Each right-of-way or permit granted, issued, or renewed pursuant to this section shall be limited to a reasonable term in light of all circumstances concerning the project. In determining the duration of a right-of-way the Secretary concerned shall, among other things, take into consideration the cost of the facility, its useful life, and any public purpose it serves. The right-of-way shall specify whether it is or is not renewable and the terms and conditions applicable to the renewal. (c) Applicability of regulations or stipulations Rights-of-way shall be granted, issued, or renewed pursuant to this subchapter under such regulations or stipulations, consistent with the provisions of this subchapter or any other applicable law, and shall also be subject to such terms and conditions as the Secretary concerned may prescribe regarding extent, duration, survey, location, construction, maintenance, transfer or assignment, and termination. (d) Submission of plan of construction, operation, and rehabilitation by new project applicants; plan requirements The Secretary concerned prior to granting or issuing a right-of-way pursuant to this subchapter for a new project which may have a significant impact on the environment, shall require the applicant to submit a plan of construction, operation, and rehabilitation for such right-of-way which shall comply with stipulations or with regulations issued by that Secretary, including the terms and conditions required under section 1765 of this title (e) Regulatory requirements for terms and conditions; revision and applicability of regulations The Secretary concerned shall issue regulations with respect to the terms and conditions that will be included in rights-of-way pursuant to section 1765 of this title (f) Removal or use of mineral and vegetative materials Mineral and vegetative materials, including timber, within or without a right-of-way, may be used or disposed of in connection with construction or other purposes only if authorization to remove or use such materials has been obtained pursuant to applicable laws or for emergency repair work necessary for those rights-of-way authorized under section 1761(c) of this title (g) Rental payments; amount, waiver, etc. The holder of a right-of-way shall pay in advance the fair market value thereof, as determined by the Secretary granting, issuing, or renewing such right-of-way. The Secretary concerned may require either annual payment or a payment covering more than one year at a time except that private individuals may make at their option either annual payments or payments covering more than one year if the annual fee is greater than one hundred dollars. The Secretary concerned may waive rentals where a right-of-way is granted, issued or renewed in consideration of a right-of-way conveyed to the United States in connection with a cooperative cost share program between the United States and the holder. The Secretary concerned may, by regulation or prior to promulgation of such regulations, as a condition of a right-of-way, require an applicant for or holder of a right-of-way to reimburse the United States for all reasonable administrative and other costs incurred in processing an application for such right-of-way and in inspection and monitoring of construction, operation, and termination of the facility pursuant to such right-of-way: Provided, however 7 U.S.C. 901 Provided (h) Liability for damage or injury incurred by United States for use and occupancy of rights-of-way; indemnification of United States; no-fault liability; amount of damages (1) The Secretary concerned shall promulgate regulations specifying the extent to which holders of rights-of-way under this subchapter shall be liable to the United States for damage or injury incurred by the United States caused by the use and occupancy of the rights-of-way. The regulations shall also specify the extent to which such holders shall indemnify or hold harmless the United States for liabilities, damages, or claims caused by their use and occupancy of the rights-of-way. (2) Any regulation or stipulation imposing liability without fault shall include a maximum limitation on damages commensurate with the foreseeable risks or hazards presented. Any liability for damage or injury in excess of this amount shall be determined by ordinary rules of negligence. (i) Bond or security requirements Where he deems it appropriate, the Secretary concerned may require a holder of a right-of-way to furnish a bond, or other security, satisfactory to him to secure all or any of the obligations imposed by the terms and conditions of the right-of-way or by any rule or regulation of the Secretary concerned. (j) Criteria for grant, issue, or renewal of right-of-way The Secretary concerned shall grant, issue, or renew a right-of-way under this subchapter only when he is satisfied that the applicant has the technical and financial capability to construct the project for which the right-of-way is requested, and in accord with the requirements of this subchapter. ( Pub. L. 94579, title V,  504 Oct. 21, 1976 90 Stat. 2778 Pub. L. 98300 May 25, 1984 98 Stat. 215 Pub. L. 99545,  2 Oct. 27, 1986 100 Stat. 3048 Pub. L. 104333, div. I, title X,  1032(a) Nov. 12, 1996 110 Stat. 4239  Editorial Notes  References in Text The Rural Electrification Act of 1936, referred to in subsec. (g), is act May 20, 1936, ch. 432 49 Stat. 1363 section 901 of Title 7 Amendments 1996Subsec. (g). Pub. L. 104333 1986Subsec. (f). Pub. L. 99545,  2(1) section 1761(c) of this title Subsec. (g). Pub. L. 99545,  2(2) Provided Provided further 1984Subsec. (g). Pub. L. 98300 Provided Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Pub. L. 104333, div. I, title X,  1032(b) Nov. 12, 1996 110 Stat. 4239 The amendment made by subsection (a) [amending this section] shall apply with respect to rights-of-way leases held on or after the date of enactment of this Act [ Nov. 12, 1996 Executive Documents  Transfer of Functions See note set out under section 1763 of this title  1765. Terms and conditions Each right-of-way shall contain (a) terms and conditions which will (i) carry out the purposes of this Act and rules and regulations issued thereunder; (ii) minimize damage to scenic and esthetic values and fish and wildlife habitat and otherwise protect the environment; (iii) require compliance with applicable air and water quality standards established by or pursuant to applicable Federal or State law; and (iv) require compliance with State standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance of or for rights-of-way for similar purposes if those standards are more stringent than applicable Federal standards; and (b) such terms and conditions as the Secretary concerned deems necessary to (i) protect Federal property and economic interests; (ii) manage efficiently the lands which are subject to the right-of-way or adjacent thereto and protect the other lawful users of the lands adjacent to or traversed by such right-of-way; (iii) protect lives and property; (iv) protect the interests of individuals living in the general area traversed by the right-of-way who rely on the fish, wildlife, and other biotic resources of the area for subsistence purposes; (v) require location of the right-of-way along a route that will cause least damage to the environment, taking into consideration feasibility and other relevant factors; and (vi) otherwise protect the public interest in the lands traversed by the right-of-way or adjacent thereto. ( Pub. L. 94579, title V,  505 Oct. 21, 1976 90 Stat. 2780  Editorial Notes  References in Text This Act, referred to in par. (a), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 Executive Documents  Transfer of Functions See note set out under section 1763 of this title  1766. Suspension or termination; grounds; procedures applicable  Abandonment of a right-of-way or noncompliance with any provision of this subchapter condition of the right-of-way, or applicable rule or regulation of the Secretary concerned may be grounds for suspension or termination of the right-of-way if, after due notice to the holder of the right-of-way and, and 1 1 section 554 of title 5 ( Pub. L. 94579, title V,  506 Oct. 21, 1976 90 Stat. 2780  Executive Documents  Transfer of Functions See note set out under section 1763 of this title  1767. Rights-of-way for Federal departments and agencies (a) The Secretary concerned may provide under applicable provisions of this subchapter for the use of any department or agency of the United States a right-of-way over, upon, under or through the land administered by him, subject to such terms and conditions as he may impose. (b) Where a right-of-way has been reserved for the use of any department or agency of the United States, the Secretary shall take no action to terminate, or otherwise limit, that use without the consent of the head of such department or agency. ( Pub. L. 94579, title V,  507 Oct. 21, 1976 90 Stat. 2781  Executive Documents  Transfer of Functions See note set out under section 1763 of this title  1768. Conveyance of lands covered by right-of-way; terms and conditions  If under applicable law the Secretary concerned decides to transfer out of Federal ownership any lands covered in whole or in part by a right-of-way, including a right-of-way granted under the Act of November 16, 1973 87 Stat. 576 30 U.S.C. 185 ( Pub. L. 94579, title V,  508 Oct. 21, 1976 90 Stat. 2781  Editorial Notes  References in Text Act of November 16, 1973 Pub. L. 93153 Nov. 16, 1973 87 Stat. 576 Executive Documents  Transfer of Functions See note set out under section 1763 of this title  1769. Existing right-of-way or right-of-use unaffected; exceptions; rights-of-way for railroad and appurtenant communication facilities; applicability of existing terms and conditions (a) Nothing in this subchapter shall have the effect of terminating any right-of-way or right-of-use heretofore issued, granted, or permitted. However, with the consent of the holder thereof, the Secretary concerned may cancel such a right-of-way or right-of-use and in its stead issue a right-of-way pursuant to the provisions of this subchapter. (b) When the Secretary concerned issues a right-of-way under this subchapter for a railroad and appurtenant communication facilities in connection with a realinement of a railroad on lands under his jurisdiction by virtue of a right-of-way granted by the United States, he may, when he considers it to be in the public interest and the lands involved are not within an incorporated community and are of approximately equal value, notwithstanding the provisions of this subchapter, provide in the new right-of-way the same terms and conditions as applied to the portion of the existing right-of-way relinquished to the United States with respect to the payment of annual rental, duration of the right-of-way, and the nature of the interest in lands granted. The Secretary concerned or his delegate shall take final action upon all applications for the grant, issue, or renewal of rights-of-way under subsection (b) of this section no later than six months after receipt from the applicant of all information required from the applicant by this subchapter. ( Pub. L. 94579, title V,  509 Oct. 21, 1976 90 Stat. 2781  Executive Documents  Transfer of Functions See note set out under section 1763 of this title  1770. Applicability of provisions to other Federal laws (a) Right-of-way Effective on and after October 21, 1976 Provided Provided further section 1761(b) of this title (b) Highway use Nothing in this subchapter shall be construed to preclude the use of lands covered by this subchapter for highway purposes pursuant to sections 107 and 317 of title 23. (c) Application of antitrust laws (1) Nothing in this subchapter shall be construed as exempting any holder of a right-of-way issued under this subchapter from any provision of the antitrust laws of the United States. (2) For the purposes of this subsection, the term antitrust laws includes the Act of July 2, 1890 1 1 15 U.S.C. 1 October 15, 1914 38 Stat. 730 15 U.S.C. 12 38 Stat. 717 15 U.S.C. 41 August 27, 1894 15 U.S.C. 8 ( Pub. L. 94579, title V,  510 Oct. 21, 1976 90 Stat. 2782  Editorial Notes  References in Text This Act, referred to in subsec. (a), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 The effective date of this section, referred to in subsec. (a), probably means the date of enactment of this section by Pub. L. 94579 Oct. 21, 1976 Act of July 2, 1890 act July 2, 1890, ch. 647 26 Stat. 209 section 1 of Title 15 Act of October 15, 1914 act Oct. 15, 1914, ch. 323 38 Stat. 730 section 12 of Title 15 The Federal Trade Commission Act, referred to in subsec. (c)(2), is act Sept. 26, 1914, ch. 311 38 Stat. 717 section 58 of Title 15 Sections 73 and 74 of the Act of August 27, 1894 act Aug. 27, 1894, ch. 349 28 Stat. 570 Executive Documents  Transfer of Functions See note set out under section 1763 of this title  1771. Coordination of applications  Applicants before Federal departments and agencies other than the Department of the Interior or Agriculture seeking a license, certificate, or other authority for a project which involve a right-of-way over, upon, under, or through public land or National Forest System lands must simultaneously apply to the Secretary concerned for the appropriate authority to use public lands or National Forest System lands and submit to the Secretary concerned all information furnished to the other Federal department or agency. ( Pub. L. 94579, title V,  511 Oct. 21, 1976 90 Stat. 2782  Executive Documents  Transfer of Functions See note set out under section 1763 of this title  1772. Vegetation managment, 1 1 (a) Definitions In this section: (1) Hazard tree The term hazard tree means any tree or part thereof (whether located inside or outside a right-of-way) that has been designated, prior to tree failure, by a certified or licensed arborist or forester under the supervision of the Secretary concerned or the owner or operator of a transmission or distribution facility to be (A) dead, likely to die within the routine vegetation management cycle, or likely to fail within the routine vegetation management cycle; and (B) if the tree or part of the tree failed, likely to (i) cause substantial damage or disruption to a transmission or distribution facility; or (ii) come within 10 feet of an electric power line. (2) Owner; operator The terms owner and operator include contractors or other agents engaged by the owner or operator of an electric transmission or distribution facility. (3) Plan The term plan means a vegetation management, facility inspection, and operation and maintenance plan that (A) is prepared by the owner or operator of 1 or more electric transmission or distribution facilities to cover 1 or more electric transmission and distribution rights-of-way; and (B) provides for the long-term, cost-effective, efficient, and timely management of facilities and vegetation within the width of the right-of-way and abutting Federal land, including hazard trees, to enhance electric reliability, promote public safety, and avoid fire hazards. (4) Secretary concerned The term Secretary concerned means (A) the Secretary, with respect to public lands; and (B) the Secretary of Agriculture, with respect to National Forest System land. (b) Guidance (1) In general To enhance the reliability of the electric grid and reduce the threat of wildfire damage to, and wildfire caused by vegetation-related conditions within, electric transmission and distribution rights-of-way and abutting Federal land, including hazard trees, the Secretary concerned shall issue and periodically update guidance to ensure that provisions are appropriately developed and implemented for utility vegetation management, facility inspection, and operation and maintenance of rights-of-way, regardless of the means by which the rights-of-way are established (including by grant, special use authorization, and easement). (2) Limitation The guidance issued under paragraph (1) shall be compatible with mandatory reliability standards established by the Electric Reliability Organization. (3) Considerations The guidance issued under paragraph (1) shall take into account (A) all applicable law, including fire safety and electric system reliability requirements (including reliability standards established by the Electric Reliability Organization under section 824 o (B) the Memorandum of Understanding on Vegetation Management for Powerline Rights-of-Way between the Edison Electric Institute, Utility Arborist Association, the Department of the Interior, the Department of Agriculture, and the Environmental Protection Agency signed in 2016. (4) Requirements The guidance issued under paragraph (1) shall (A) be developed in consultation with the owners of transmission and distribution facilities that hold rights-of-way; (B) seek to minimize the need for case-by-case approvals for (i) routine vegetation management, facility inspection, and operation and maintenance activities; and (ii) utility vegetation management activities that are necessary to control hazard trees; and (C) provide for prompt and timely review of requests to conduct vegetation management activities that require approval of the Secretary concerned, especially activities requiring expedited or immediate action. (c) Vegetation management, facility inspection, and operation and maintenance plans (1) Development and submission Consistent with subsection (b), the Secretary concerned shall provide owners and operators of electric transmission or distribution facilities located on public lands and National Forest System land, as applicable, with the option to develop and submit a plan. (2) ERO standards Owners and operators subject to mandatory reliability standards established by the Electric Reliability Organization (or superseding standards) may use those standards as part of the plan. (3) Plan requirements A plan developed under paragraph (1) shall (A) identify the applicable transmission or distribution facilities to be maintained; (B) take into account operations and maintenance plans for the applicable transmission or distribution line; (C) describe the vegetation management, inspection, and operation and maintenance methods that may be used to comply with all applicable law, including fire safety requirements and reliability standards established by the Electric Reliability Organization; (D) include schedules for (i) the applicable owner or operator to notify the Secretary concerned about routine and major maintenance; (ii) the applicable owner or operator to request approval from the Secretary concerned about undertaking routine and major maintenance; and (iii) the Secretary concerned to respond to a request by an owner or operator under clause (ii); and (E) describe processes for (i) identifying changes in conditions; and (ii) modifying the approved plan, if necessary. (4) Review and approval process (A) In general The Secretary concerned shall jointly develop a consolidated and coordinated process for the review and approval of plans submitted under paragraph (1) that (i) includes timelines and benchmarks for (I) the submission of agency comments on the plans and schedules for final decision; and (II) the timely review of modifications of the plans in cases in which modifications are necessary; (ii) is consistent with applicable law; and 1 1 (iii) includes a process for modifications to a plan in a prompt manner if changed conditions necessitate a modification to a plan; and (iv) ensures, to the maximum extent practicable, a prompt review and approval process not to exceed 120 days. (B) Plan modification Upon reasonable advance notice to an owner or operator of an electric transmission or distribution facility of any changed conditions that warrant a modification to a plan, the Secretary concerned shall (i) provide an opportunity for the owner or operator to submit a proposed plan modification, consistent with the process described under subparagraph (A)(iii), to address the changed condition identified by the Secretary concerned; (ii) consider the proposed plan modification consistent with the process described under paragraph (4)(A); and (iii) allow the owner or operator to continue to implement any element of the approved plan that does not directly and adversely affect the condition precipitating the need for modification. (5) Categories of actions not requiring environmental analysis With respect to the development and approval of plans submitted under paragraph (1), as well as with respect to actions carried out under such plans, the Secretary concerned shall identify categories of actions for which neither an environmental impact statement nor an environmental assessment shall be required under section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation). (d) Certain owners and operators (1) In general The owner or operator of an electric transmission or distribution facility that is not subject to the mandatory reliability standards established by the Electric Reliability Organization or that sold less than or equal to 1,000,000 megawatt hours of electric energy for purposes other than resale during each of the 3 calendar years immediately preceding March 23, 2018 (2) Minimum requirements The Secretary concerned shall ensure that the minimum requirements for an agreement under paragraph (1) (A) reflect the relative financial resources of the applicable owner or operator compared to other owners or operators of an electric transmission or distribution facility; (B) include schedules as described in subsection (c)(3)(D); (C) are subject to modification requirements as described in subsection (c)(4)(B); and (D) comply with applicable law. (e) Emergency conditions If vegetation or hazard trees have contacted or present an imminent danger of contacting an electric transmission or distribution line from within or adjacent to an electric transmission or distribution right-of-way, the owner or operator of the electric transmission or distribution lines (1) may prune or remove the vegetation or hazard tree (A) to avoid the disruption of electric service; and (B) to eliminate immediate fire and safety hazards; and (2) shall notify the appropriate local agent of the Secretary concerned not later than 1 day after the date of the response to emergency conditions. (f) Activities that require approval (1) In general Except as provided under paragraph (3), the owner or operator of an electric transmission or distribution facility may conduct vegetation management activities that require approval of the Secretary concerned in accordance with a plan approved under subsection (c) or an agreement entered into under subsection (d) only with the approval of the Secretary concerned. (2) Requirement to respond The Secretary concerned shall respond to a request for approval to conduct vegetation management activities in accordance with the applicable schedules in a plan approved under subsection (c) or an agreement entered into under subsection (d). (3) Authorized activities The owner or operator of an electric transmission or distribution facility may conduct vegetation management activities that require approval of the Secretary concerned in accordance with a plan approved under subsection (c) or an agreement entered into under subsection (d) without the approval of the Secretary concerned if (A) the owner or operator submitted a request to the Secretary concerned in accordance with the applicable schedule in a plan approved under subsection (c) or an agreement entered into under subsection (d); (B) the vegetation management activities, including the removal of hazard trees, proposed in the request under subparagraph (A) are in accordance with a plan approved under subsection (c) or an agreement entered into under subsection (d); and (C) the Secretary concerned fails to respond to the request under subparagraph (A) in accordance with the applicable schedule in a plan approved under subsection (c) or an agreement entered into under subsection (d). (g) Liability (1) In general The Secretary concerned shall not impose strict liability for damages or injury resulting from (A) the Secretary concerned unreasonably withholding or delaying (i) approval of a plan under subsection (c); or (ii) entrance into an agreement under subsection (d); or (B) the Secretary concerned unreasonably failing to adhere to an applicable schedule in a plan approved under subsection (c) or an agreement entered into under subsection (d). (2) Damages For the period ending 10 years after March 23, 2018 (3) Rule of construction Nothing in paragraph (2) shall be construed to effect 1 March 23, 2018 March 23, 2018 (h) Reporting requirement (1) Activities that require approval The Secretary concerned shall report requests and actions made under subsection (f) annually on the website of the Secretary concerned. (2) Liability Not later than four years after March 23, 2018 (i) Training and guidance In consultation with the electric utility industry, the Secretary concerned is encouraged to develop a program to train personnel of the Department of the Interior and the Forest Service involved in vegetation management decisions relating to electric transmission and distribution facilities to ensure that the personnel (1) understand electric system reliability requirements as the requirements relate to vegetation management of transmission and distribution rights-of-way on Federal land, including reliability standards established by the Electric Reliability Organization and fire safety requirements; (2) assist owners and operators of electric transmission and distribution facilities in complying with applicable electric reliability and fire safety requirements; (3) encourage and assist willing owners and operators of electric transmission and distribution facilities to incorporate on a voluntary basis vegetation management practices to enhance habitats and forage for pollinators and for other wildlife if the practices are compatible with the integrated vegetation management practices necessary for reliability and safety; and (4) understand how existing and emerging unmanned technologies can help electric utilities, the Federal Government, State and local governments, and private landowners (A) to more efficiently identify vegetation management needs; (B) to reduce the risk of wildfires; and (C) to lower ratepayer energy costs. (j) Implementation The Secretary concerned shall (1) not later than 1 year after March 23, 2018 (2) not later than 2 years after March 23, 2018 (k) Existing vegetation management, facility inspection, and operation and maintenance plans Nothing in this section requires an owner or operator to develop and submit a new plan under this section if a plan consistent with this section has already been approved by the Secretary concerned before March 23, 2018 ( Pub. L. 94579, title V,  512 Pub. L. 115141, div. O, title II,  211(a) Mar. 23, 2018 132 Stat. 1068  Statutory Notes and Related Subsidiaries Utility Infrastructure Rights-of-Way Vegetation Management Pilot Program Pub. L. 115334, title VIII,  8630 Dec. 20, 2018 132 Stat. 4865  (a)  Definitions In this section: (1)  National forest system land. (A)  In general The term National Forest System land means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) (B)  Exclusions The term National Forest System land does not include (i) a National Grassland; or (ii) a land utilization project on land designated as a National Grassland and administered pursuant to sections 31, 32, and 33 of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 (2)  Passing wildfire The term passing wildfire means a wildfire that originates outside of a right-of-way. (3)  Pilot program The term pilot program means the pilot program established by the Secretary [of Agriculture] under subsection (b). (4)  Right-of-way The term right-of-way means a special use authorization issued by the Forest Service allowing the placement of utility infrastructure. (5)  Utility infrastructure The term utility infrastructure means electric transmission lines, natural gas infrastructure, or related structures. (b)  Establishment. (1)  In general To encourage owners or operators of rights-of-way on National Forest System land to partner with the Forest Service to voluntarily conduct vegetation management projects on a proactive basis to better protect utility infrastructure from potential passing wildfires, the Secretary may establish a limited, voluntary pilot program, in the manner described in this section, to conduct vegetation management projects on National Forest System land adjacent to those rights-of-way. (2)  Application The pilot program shall not apply in a right-of-way described in paragraph (1). (c)  Eligible Participants. (1)  In general A participant in the pilot program shall be the owner or operator of a right-of-way on National Forest System land. (2)  Selection priority In selecting participants for the pilot program, the Secretary shall give priority to an owner or operator of a right-of-way that has developed the utility infrastructure protection prescriptions of the owner or operator in coordination with Forest Service fire scientists or fire managers. (d)  Vegetation Management Projects. (1)  In general A vegetation management project conducted under the pilot program shall involve only limited vegetation management activities that (A) shall create the least ground disturbance and least disturbance to wildlife reasonably necessary to protect utility infrastructure from passing wildfires based on applicable models, including Forest Service fuel models; (B) may include thinning and treatment of surface fuels, ladder fuels, and activity fuels to create or maintain shaded fuel breaks or other appropriate measures recommended by Forest Service fire scientists or fire managers; (C) (i) shall only be conducted on National Forest System land; and (ii) shall not (I) extend for more than 150 feet from the electric transmission line for which the applicable participant has a right-of-way; or (II) comprise an overall width, for both sides of that electric transmission line, that totals more than 200 feet; and (D) shall not be conducted on (i) a component of the National Wilderness Preservation System; (ii) a designated wilderness study area; (iii) an inventoried roadless area; or (iv) Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited. (2)  Approval Each vegetation management project described in paragraph (1) shall be subject to approval by the Forest Service in accordance with this section. (3)  Fire prevention In carrying out a vegetation management project under the pilot program, a participant shall adhere to (A) Forest Service regulations relating to spark arresting devices; (B) Forest Service regulations limiting and prohibiting certain activities conducted by contractors in an area, based on weather conditions and fire danger; (C) Forest Service regulations that apply to contractors removing vegetation on National Forest System land pursuant to a timber sale or stewardship contract, including regulations relating to (i) protection of residual trees and timber damaged by contractors; (ii) protection measures needed for plants, animals, cultural resources, and cave resources; (iii) streamcourse protection and erosion control; (iv) fire plans, precautions, and precautionary periods; (v) fire suppression costs; and (vi) employment of eligible workers; and (D) State regulations relating to the prevention of wildfires and contractors removing vegetation. (4)  Treatment of slash In carrying out a vegetation management project under the pilot program, a participant shall treat any activity fuels in a manner that (A) is satisfactory to the Forest Service; (B) does not result in a fire hazard; and (C) reduces the risk of an insect or disease outbreak. (e)  Project Costs. (1)  In general Except as provided in paragraph (2) and subsection (f)(2), a participant in the pilot program shall be responsible for all costs, as determined by the Secretary, incurred in participating in the pilot program. (2)  Federal funding The Secretary may contribute funds for a vegetation management project conducted under the pilot program if the Secretary determines that the contribution is in the public interest. (f)  Liability. (1)  Activities within rights-of-way Participation in the pilot program shall not affect any legal obligations or liability standards that arise under the right-of-way for activities in the right-of-way. (2)  Wildfires. (A)  Operations fires. (i)  In general With respect to fire suppression costs for a wildfire caused by the operations of a participant in the pilot program (other than an operation or activity of a participant described in subparagraph (B) or (C)), the participant shall reimburse the Forest Service for those costs, subject to a maximum dollar amount to which the Forest Service and the participant shall agree prior to the commencement of the project. (ii)  Credit for actions by participants. (I)  In general If a participant in the pilot program provides actions, supplies, or equipment for use to suppress a wildfire described in clause (i) or at the request of the Forest Service, the cost of those actions, supplies, or equipment shall be credited toward the maximum dollar amount described in that clause. (II)  Reimbursement If the actual cost of a participant described in subclause (I) exceeds the maximum dollar amount described in clause (i), the Forest Service shall reimburse the participant for the excess. (B)  Negligent fires. (i)  In general Subject to clause (ii), if a wildfire is caused by the negligence of a participant in the pilot program, or an agent of the participant, including a wildfire caused by smoking by persons engaged in the operations of the participant, the participant shall bear the cost of damages to Forest Service resources and the fire suppression costs resulting from the wildfire. (ii)  Limitation Except as provided in clause (iii), the costs borne by a participant under clause (i) shall not exceed $500,000. (iii)  Failure to comply If the start or spread of a wildfire described in clause (i) is caused by the failure of the participant to comply with specific safety requirements expressly imposed by the Forest Service as a condition of conducting a vegetation management project under the pilot program or by this section, the participant shall bear the cost of damages to Forest Service resources and the fire suppression costs resulting from the wildfire. (C)  Exceptions This paragraph shall not apply in the case of a wildfire caused by the felling of a tree by a participant in the pilot program, or an agent of the participant, onto an electric transmission line. (3)  Effect Nothing in this subsection relieves a participant in the pilot program of any liabilities to which the participant is subject (A) under State laws; or (B) with regard to damages to property other than Forest Service property. (g)  Implementation. (1)  In general Except as provided in paragraph (3), the Secretary shall use the authority of the Secretary under other laws (including regulations) to carry out the pilot program. (2)  Compliance with existing laws Except as provided in paragraph (3), a vegetation management project under the pilot program shall be (A) consistent with the applicable land management plan for the area in which the project is located; and (B) carried out in accordance with all applicable laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (3)  Modification of regulations In order to implement the pilot program in an efficient and expeditious manner, the Secretary may waive or modify specific provisions of the Federal Acquisition Regulation, including waivers or modifications to allow for the formation of contracts or agreements on a noncompetitive basis. (h)  Treatment of Proceeds Notwithstanding any other provision of law, the Secretary may (1) retain any funds provided to the Forest Service by a participant in the pilot program; and (2) use funds retained under paragraph (1), in such amounts as may be appropriated, to carry out the pilot program. (i)  Report to Congress Not later than December 31, 2020 (1) the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate; and (2) the Committees on Agriculture and Natural Resources of the House of Representatives. (j)  Duration The authority to carry out the pilot program, including any vegetation management project conducted under the pilot program, expires on October 1, 2023 SUBCHAPTER VI DESIGNATED MANAGEMENT AREAS  1781. California Desert Conservation Area (a) Congressional findings The Congress finds that (1) the California desert contains historical, scenic, archeological, environmental, biological, cultural, scientific, educational, recreational, and economic resources that are uniquely located adjacent to an area of large population; (2) the California desert environment is a total ecosystem that is extremely fragile, easily scarred, and slowly healed; (3) the California desert environment and its resources, including certain rare and endangered species of wildlife, plants, and fishes, and numerous archeological and historic sites, are seriously threatened by air pollution, inadequate Federal management authority, and pressures of increased use, particularly recreational use, which are certain to intensify because of the rapidly growing population of southern California; (4) the use of all California desert resources can and should be provided for in a multiple use and sustained yield management plant 1 1 (5) the Secretary has initiated a comprehensive planning process and established an interim management program for the public lands in the California desert; and (6) to insure further study of the relationship of man and the California desert environment, preserve the unique and irreplaceable resources, including archeological values, and conserve the use of the economic resources of the California desert, the public must be provided more opportunity to participate in such planning and management, and additional management authority must be provided to the Secretary to facilitate effective implementation of such planning and management. (b) Statement of purpose It is the purpose of this section to provide for the immediate and future protection and administration of the public lands in the California desert within the framework of a program of multiple use and sustained yield, and the maintenance of environmental quality. (c) Description of Area (1) For the purpose of this section, the term California desert means the area generally depicted on a map entitled California Desert Conservation AreaProposed dated April 1974, and described as provided in subsection (c)(2). (2) As soon as practicable after October 21, 1976 (d) Preparation and implementation of comprehensive long-range plan for management, use, etc. The Secretary, in accordance with section 1712 of this title September 30, 1980 (e) Interim program for management, use, etc. During the period beginning on October 21, 1976 (f) Applicability of mining laws Subject to valid existing rights, nothing in this Act shall affect the applicability of the United States mining laws on the public lands within the California Desert Conservation Area, except that all mining claims located on public lands within the California Desert Conservation Area shall be subject to such reasonable regulations as the Secretary may prescribe to effectuate the purposes of this section. Any patent issued on any such mining claim shall recite this limitation and continue to be subject to such regulations. Such regulations shall provide for such measures as may be reasonable to protect the scenic, scientific, and environmental values of the public lands of the California Desert Conservation Area against undue impairment, and to assure against pollution of the streams and waters within the California Desert Conservation Area. (g) Advisory Committee; establishment; functions (1) The Secretary, within sixty days after October 21, 1976 section 1739 of this title (2) It shall be the function of the advisory committee to advise the Secretary with respect to the preparation and implementation of the comprehensive, long-range plan required under subsection (d) of this section. (h) Management of lands under jurisdiction of Secretary of Agriculture and Secretary of Defense The Secretary of Agriculture and the Secretary of Defense shall manage lands within their respective jurisdictions located in or adjacent to the California Desert Conservation Area, in accordance with the laws relating to such lands and wherever practicable, in a manner consonant with the purpose of this section. The Secretary, the Secretary of Agriculture, and the Secretary of Defense are authorized and directed to consult among themselves and take cooperative actions to carry out the provisions of this subsection, including a program of law enforcement in accordance with applicable authorities to protect the archeological and other values of the California Desert Conservation Area and adjacent lands. (i) Omitted (j) Authorization of appropriations There are authorized to be appropriated for fiscal years 1977 through 1981 not to exceed $40,000,000 for the purpose of this section, such amount to remain available until expended. ( Pub. L. 94579, title VI,  601 Oct. 21, 1976 90 Stat. 2782  Editorial Notes  References in Text This Act, referred to in subsecs. (c)(2) and (f), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 Codification Subsec. (i) of this section, which required the Secretary to report annually to Congress on the progress in, and any problems concerning, the implementation of this section, terminated, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Statutory Notes and Related Subsidiaries  Change of Name Committee on Interior and Insular Affairs of the Senate, referred to in subsec. (c)(2), abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977 Feb. 4, 1977 Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993 Desert Lily Sanctuary Pub. L. 103433, title I,  107 Oct. 31, 1994 108 Stat. 4483  (a)  Designation There is hereby established the Desert Lily Sanctuary within the California Desert Conservation Area, California, of the Bureau of Land Management, comprising approximately two thousand forty acres, as generally depicted on a map entitled Desert Lily Sanctuary, dated February 1986. The Secretary [of the Interior] shall administer the area to provide maximum protection to the desert lily. (b)  Withdrawal Subject to valid existing rights, all Federal lands within the Desert Lily Sanctuary are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and mineral materials, and all amendments thereto. Dinosaur Trackway Area of Critical Environmental Concern Pub. L. 103433, title I,  108 Oct. 31, 1994 108 Stat. 4483  (a)  Designation There is hereby established the Dinosaur Trackway Area of Critical Environmental Concern within the California Desert Conservation Area, of the Bureau of Land Management, comprising approximately five hundred and ninety acres as generally depicted on a map entitled Dinosaur Trackway Area of Critical Environmental Concern, dated July 1993. The Secretary [of the Interior] shall administer the area to preserve the paleontological resources within the area. (b)  Withdrawal Subject to valid existing rights, the Federal lands within and adjacent to the Dinosaur Trackway Area of Critical Environmental Concern, as generally depicted on a map entitled Dinosaur Trackway Mineral Withdrawal Area, dated July 1993, are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and mineral materials, and all amendments thereto.  1781a. Acceptance of donation of certain existing permits or leases (1) During fiscal year 2012 and thereafter, the Secretary of the Interior shall accept the donation of any valid existing permits or leases authorizing grazing on public lands within the California Desert Conservation Area. With respect to each permit or lease donated under this paragraph, the Secretary shall terminate the grazing permit or lease, ensure a permanent end (except as provided in paragraph (2)), to grazing on the land covered by the permit or lease, and make the land available for mitigation by allocating the forage to wildlife use consistent with any applicable Habitat Conservation Plan, section 10(a)(1)(B) permit, or section 7 consultation under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (2) If the land covered by a permit or lease donated under paragraph (1) is also covered by another valid existing permit or lease that is not donated under such paragraph, the Secretary of the Interior shall reduce the authorized grazing level on the land covered by the permit or lease to reflect the donation of the permit or lease under paragraph (1). To ensure that there is a permanent reduction in the level of grazing on the land covered by a permit or lease donated under paragraph (1), the Secretary shall not allow grazing use to exceed the authorized level under the remaining valid existing permit or lease that is not donated. ( Pub. L. 11274, div. E, title I,  122(b) Dec. 23, 2011 125 Stat. 1013  Editorial Notes  References in Text The Endangered Species Act of 1973, referred to in par. (1), is Pub. L. 93205 Dec. 28, 1973 87 Stat. 884 section 1531 of Title 16 Codification Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.  1782. Bureau of Land Management Wilderness Study (a) Lands subject to review and designation as wilderness Within fifteen years after October 21, 1976 section 1711(a) of this title September 3, 1964 78 Stat. 890 16 U.S.C. 1131 Provided Provided further July 1, 1980 November 1, 1975 16 U.S.C. 1132(d) (b) Presidential recommendation for designation as wilderness The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to designation as wilderness of each such area, together with a map thereof and a definition of its boundaries. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. A recommendation of the President for designation as wilderness shall become effective only if so provided by an Act of Congress. (c) Status of lands during period of review and determination During the period of review of such areas and until Congress has determined otherwise, the Secretary shall continue to manage such lands according to his authority under this Act and other applicable law in a manner so as not to impair the suitability of such areas for preservation as wilderness, subject, however, to the continuation of existing mining and grazing uses and mineral leasing in the manner and degree in which the same was being conducted on October 21, 1976 Provided section 1714 of this title 16 U.S.C. 1131 16 U.S.C. 1133(d)(2) ( Pub. L. 94579, title VI,  603 Oct. 21, 1976 90 Stat. 2785 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Editorial Notes  References in Text The Wilderness Act of September 3, 1964 Pub. L. 88577 Sept. 3, 1964 78 Stat. 890 section 1131 of Title 16 This Act, referred to in subsec. (c), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted for Geological Survey in subsec. (a) pursuant to provision of title I of Pub. L. 102154 section 31 of this title United States Bureau of Mines substituted for Bureau of Mines in subsec. (a) pursuant to section 10(b) of Pub. L. 102285 section 1 of Title 30 section 1 of Title 30 Pub. L. 104134, title I,  101(c) [title I] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 That the authority granted to the United States Bureau of Mines to conduct mineral surveys and to determine mineral values by section 603 of Public Law 94579 43 U.S.C. 1782  1783. Yaquina Head Outstanding Natural Area (a) Establishment In order to protect the unique scenic, scientific, educational, and recreational values of certain lands in and around Yaquina Head, in Lincoln County, Oregon, there is hereby established, subject to valid existing rights, the Yaquina Head Outstanding Natural Area (hereinafter referred to as the area). The boundaries of the area are those shown on the map entitled Yaquina Head Area, dated July 1979, which shall be on file and available for public inspection in the Office of the Director, Bureau of Land Management, United States Department of the Interior, and the State Office of the Bureau of Land Management in the State of Oregon. (b) Administration by Secretary of the Interior; management plan; quarrying permits (1) The Secretary of the Interior (hereinafter referred to as the Secretary) shall administer the Yaquina Head Outstanding Natural Area in accordance with the laws and regulations applicable to the public lands as defined in section 103(e) of the Federal Land Policy and Management Act of 1976, as amended ( 43 U.S.C. 1702 43 U.S.C. 1702(e) (A) the conservation and development of the scenic, natural, and historic values of the area; (B) the continued use of the area for purposes of education, scientific study, and public recreation which do not substantially impair the purposes for which the area is established; and (C) protection of the wildlife habitat of the area. (2) The Secretary shall develop a management plan for the area which accomplishes the purposes and is consistent with the provisions of this section. This plan shall be developed in accordance with the provisions of section 202 of the Federal Land Policy and Management Act of 1976, as amended ( 43 U.S.C. 1712 (3) Notwithstanding any other provision of this section, the Secretary is authorized to issue permits or to contract for the quarrying of materials from the area in accordance with the management plan for the area on condition that the lands be reclaimed and restored to the satisfaction of the Secretary. Such authorization to quarry shall require payment of fair market value for the materials to be quarried, as established by the Secretary, and shall also include any terms and conditions which the Secretary determines necessary to protect the values of such quarry lands for purposes of this section. (c) Revocation of 1866 reservation of lands for lighthouse purposes; restoration to public lands status The reservation of lands for lighthouse purposes made by Executive order of June 8, 1866 43 U.S.C. 1702 43 U.S.C. 1702(e) 30 U.S.C. 181 July 31, 1947 30 U.S.C. 601 43 U.S.C. 601 (d) Acquisition of lands not already in Federal ownership The Secretary shall, as soon as possible but in no event later than twenty-four months following March 5, 1980 43 U.S.C. 1701 July 31, 1947 30 U.S.C. 601 30 U.S.C. 601 (e) Wind energy research The Secretary is authorized to conduct a study relating to the use of lands in the area for purposes of wind energy research. If the Secretary determines after such study that the conduct of wind energy research activity will not substantially impair the values of the lands in the area for purposes of this section, the Secretary is further authorized to issue permits for the use of such lands as a site for installation and field testing of an experimental wind turbine generating system. Any permit issued pursuant to this subsection shall contain such terms and conditions as the Secretary determines necessary to protect the values of such lands for purposes of this section. (f) Reclamation and restoration of lands affected by quarrying operations The Secretary shall develop and administer, in addition to any requirements imposed pursuant to subsection (b)(3), a program for the reclamation and restoration of all lands affected by quarrying operations in the area acquired pursuant to subsection (d). All revenues received by the United States in connection with quarrying operations authorized by subsection (b)(3) shall be deposited in a separate fund account which shall be established by the Secretary of the Treasury. Such revenues are hereby authorized to be appropriated to the Secretary as needed for reclamation and restoration of any lands acquired pursuant to subsection (d). After completion of such reclamation and restoration to the satisfaction of the Secretary, any unexpended revenues in such fund shall be returned to the general fund of the United States Treasury. (g) Authorization of appropriations There are hereby authorized to be appropriated in addition to that authorized by subsection (f), such sums as may be necessary to carry out the provisions of this section. ( Pub. L. 96199, title I,  119 Mar. 5, 1980 94 Stat. 71  Editorial Notes  References in Text The Materials Act of July 31, 1947 30 U.S.C. 601 act July 31, 1947, ch. 406 61 Stat. 681 section 601 of Title 30 The Federal Land Policy and Management Act of 1976, as amended, referred to in subsec. (d), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 1701 of this title Codification Section was not enacted as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.  1784. Lands in Alaska; designation as wilderness; management by Bureau of Land Management pending Congressional action  Notwithstanding any other provision of law, section 1782 of this title 16 U.S.C. 1131 ( Pub. L. 96487, title XIII,  1320 Dec. 2, 1980 94 Stat. 2487  Editorial Notes  References in Text The Wilderness Act, referred to in text, is Pub. L. 88577 Sept. 3, 1964 78 Stat. 890 section 1131 of Title 16 Codification Section was enacted as part of the Alaska National Interest Lands Conservation Act, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter. Statutory Notes and Related Subsidiaries Kenai Natives Association Land Exchange Pub. L. 104333, div. I, title III,  311 Nov. 12, 1996 110 Stat. 4139 Pub. L. 106176, title I,  105 Mar. 10, 2000 114 Stat. 25  (a)  Short Title This section may be cited as the Kenai Natives Association Equity Act Amendments of 1996. (b)  Findings and Purpose. (1)  Findings The Congress finds the following: (A) The United States Fish and Wildlife Service and Kenai Natives Association, Inc., have agreed to transfers of certain land rights, in and near the Kenai National Wildlife Refuge, negotiated as directed by Public Law 102458 106 Stat. 2267 (B) The lands to be acquired by the Service are within the area impacted by the Exxon Valdez oil spill of 1989, and these lands included important habitat for various species of fish and wildlife for which significant injury resulting from the spill has been documented through the EVOS Trustee Council restoration process. This analysis has indicated that these lands generally have value for the restoration of such injured natural resources as pink salmon, dolly varden, bald eagles, river otters, and cultural and archaeological resources. This analysis has also indicated that these lands generally have high value for the restoration of injured species that rely on these natural resources, including wilderness quality, recreation, tourism, and subsistence. (C) Restoration of the injured species will benefit from acquisition and the prevention of disturbances which may adversely affect their recovery. (D) It is in the public interest to complete the conveyances provided for in this section. (2)  Purpose The purpose of this section is to authorize and direct the Secretary, at the election of KNA, to complete the conveyances provided for in this section. (c)  Definitions For purposes of this section, the term (1) ANCSA means the Alaska Native Claims Settlement Act of 1971 ( 43 U.S.C. 1601 (2) ANILCA means the Alaska National Interest Lands Conservation Act ( Public Law 96487 94 Stat. 2371 section 3101 of Title 16 (3) conservation system unit has the same meaning as in section 102(4) of ANILCA ( 16 U.S.C. 3102(4) (4) CIRI means the Cook Inlet Region, Inc., a Native Regional Corporation incorporated in the State of Alaska pursuant to the terms of ANCSA; (5) EVOS means the Exxon Valdez oil spill; (6) KNA means the Kenai Natives Association, Inc., an urban corporation incorporated in the State of Alaska pursuant to the terms of ANCSA; (7) lands means any lands, waters, or interests therein; (8) Refuge means the Kenai National Wildlife Refuge; (9) Secretary means the Secretary of the Interior; (10) Service means the United States Fish and Wildlife Service; and (11) Terms and Conditions means the Terms and Conditions for Land Consolidation and Management in the Cook Inlet Area, as clarified on August 31, 1976 section 12 of Public Law 94204 43 U.S.C. 1611 (d)  Acquisition of Lands. (1)  Offer to kna. (A)  In general Subject to the availability of the funds identified in paragraph (2)(C), no later than 90 days after the date of enactment of this section [ Nov. 12, 1996 (B)  Limitation The Secretary may not convey any lands or make payment to KNA under this section unless title to the lands to be conveyed by KNA under this section has been found by the United States to be sufficient in accordance with the provisions of section 355 of the Revised Statutes ( 40 U.S.C. 255 40 U.S.C. 3111 (2)  Acquisition lands. (A)  Lands to be conveyed to the united states The lands to be conveyed by KNA to the United States, or the valid selection rights under ANCSA to be relinquished, all situated within the boundary of the Refuge, are the following: (i) The conveyance of approximately 803 acres located along and on islands within the Kenai River, known as the Stephanka Tract. (ii) The conveyance of approximately 1,243 acres located along the Moose River, known as the Moose River Patented Lands Tract. (iii) The relinquishment of KNAs selection known as the Moose River Selected Tract, containing approximately 753 acres located along the Moose River. (iv) The relinquishment of KNAs remaining ANCSA entitlement of approximately 454 acres. (v) The relinquishment of all KNAs remaining overselections. Upon completion of all relinquishments outlined above, all KNAs entitlement shall be deemed to be extinguished and the completion of this acquisition will satisfy all of KNAs ANCSA entitlement. (vi) The conveyance of an access easement providing the United States and its assigns access across KNAs surface estate in the SW14 of section 21, T. 6 N., R. 9 W., Seward Meridian, Alaska. (vii) The conveyance of approximately 100 acres within the Beaver Creek Patented Tract, which is contiguous to lands being retained by the United States contiguous to the Beaver Creek Patented Tract, in exchange for 280 acres of Service lands currently situated within the Beaver Creek Selected Tract. (B)  Lands to be conveyed to kna The rights provided or lands to be conveyed by the United States to KNA, are the following: (i) The surface and subsurface estate to approximately 5 acres, subject to reservations of easements for existing roads and utilities, located within the city of Kenai, Alaska, identified as United States Survey 1435, withdrawn by Executive Order 2943 and known as the old Fish and Wildlife Service Headquarters site. (ii) The remaining subsurface estate held by the United States to approximately 13,651 acres, including portions of the Beaver Creek Patented Tract, the Beaver Creek Selected Tract, and portions of the Swanson River Road West Tract and the Swanson River Road East Tract, where the surface was previously or will be conveyed to KNA pursuant to this Act but excluding the SW14 of section 21, T. 6 N., R. 9 W., Seward Meridian, Alaska, which will be retained by the United States. The conveyance of these subsurface interests will be subject to the rights of CIRI to the coal, oil, gas, and to all rights CIRI, its successors, and assigns would have under paragraph 1(B) of the Terms and Conditions, including the right to sand and gravel, to construct facilities, to have rights-of-way, and to otherwise develop it subsurface interests. (iii) (I) The nonexclusive right to use sand and gravel which is reasonably necessary for on-site development without compensation or permit on those portions of the Swanson River Road East Tract, comprising approximately 1,738.04 acres; where the entire subsurface of the land is presently owned by the United States. The United States shall retain the ownership of all other sand and gravel located within the subsurface and KNA shall not sell or dispose of such sand and gravel. (II) The right to excavate within the subsurface estate as reasonably necessary for structures, utilities, transportation systems, and other development of the surface estate. (iv) The nonexclusive right to excavate within the subsurface estate as reasonably necessary for structures, utilities, transportation systems, and other development of the surface estate on the SW14, section 21, T. 6 N., R. 9 W., Seward Meridian, Alaska, where the entire subsurface of the land is owned by the United States and which public lands shall continue to be withdrawn from mining following their removal from the Refuge boundary under paragraph (3)(A)(ii). The United States shall retain the ownership of all other sand and gravel located within the subsurface of this parcel. (v) The surface estate of approximately 280 acres known as the Beaver Creek Selected Tract. This tract shall be conveyed to KNA in exchange for lands conveyed to the United States as described in paragraph (2)(A)(ii). (C)  Payment The United States shall make a total cash payment to KNA for the above-described lands of $4,443,000, contingent upon the appropriate approvals of the Federal or State of Alaska EVOS Trustees (or both) necessary for any expenditure of the EVOS settlement funds. (D)  National register of historic places Upon completion of the acquisition authorized in paragraph (1), the Secretary shall, at no cost to KNA, in coordination with KNA, promptly undertake to nominate the Stephanka Tract to the National Register of Historic Places, in recognition of the archaeological artifacts from the original Denaina Settlement. If the Department of the Interior establishes a historical, cultural, or archaeological interpretive site, KNA shall have the exclusive right to operate a Denaina interpretive site on the Stephanka Tract under the regulations and policies of the department. If KNA declines to operate such a site, the department may do so under its existing authorities. Prior to the department undertaking any archaeological activities whatsoever on the Stephanka Tract, KNA shall be consulted. (3)  General provisions. (A)  Removal of kna lands from the national wildlife refuge system. (i) Effective on the date of closing for the Acquisition Lands identified in paragraph (2)(B), all lands retained by or conveyed to KNA pursuant to this section, and the subsurface interests of CIRI underlying such lands shall be automatically removed from the National Wildlife Refuge System and shall neither be considered as part of the Refuge nor subject to any laws pertaining solely to lands within the boundaries of the Refuge. The conveyance restrictions imposed by section 22(g) of ANCSA [ 43 U.S.C. 1621(g) (ii) (I) The Secretary, KNA, and CIRI shall execute an agreement within 45 days of the date of enactment of this section [ Nov. 12, 1996 (II) In the event that no agreement is executed as provided for in subclause (I), solely for the purposes of administering CIRIs rights under paragraph 1(B)(1) of the Terms and Conditions, the Secretary and CIRI shall be deemed to have retained their respective rights and obligations with respect to CIRIs subsurface interests under the requirements of the Terms and Conditions in effect on June 18, 1996 (iii) The Secretary is authorized to acquire by purchase or exchange, on a willing seller basis only, any lands retained by or conveyed to KNA. In the event that any lands owned by KNA are subsequently acquired by the United States, they shall be automatically included in the Refuge System. The laws and regulations applicable to Refuge lands shall then apply to these lands and the Secretary shall then adjust the boundaries accordingly. (iv) Nothing in this section is intended to enlarge or diminish the authorities, rights, duties, obligations, or the property rights held by CIRI under the Terms and Conditions, or otherwise except as set forth in this section. In the event of the purchase by the United States of any lands from KNA in accordance with subparagraph (A)(ii), the United States shall reassume from KNA the rights it previously held under the Terms and Conditions and the provisions in any patent implementing section 22(g) of ANCSA [ 43 U.S.C. 1621(g) (v) By virtue of implementation of this section, CIRI is deemed entitled to 1,207 acres of in-lieu subsurface entitlement under section 12(a)(1) of ANCSA [ 43 U.S.C. 1611(a)(1) (B)  Maps and legal descriptions Maps and a legal description of the lands described above shall be on file and available for public inspection in the appropriate offices of the United States Department of the Interior, and the Secretary shall, no later than 90 days after enactment of this section, prepare a legal description of the lands described in paragraph (2)(A)(vii). Such maps and legal description shall have the same force and effect as if included in the section, except that the Secretary may correct clerical and typographical errors. (C)  Acceptance KNA may accept the offer made in this section by notifying the Secretary in writing of its decision within 180 days of receipt of the offer. In the event the offer is rejected, the Secretary shall notify the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate. (D)  Final maps Not later than 120 days after the conclusion of the acquisition authorized by paragraph (1), the Secretary shall transmit a final report and maps accurately depicting the lands transferred and conveyed pursuant to this section and the acreage and legal descriptions of such lands to the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate. (e)  Adjustments to National Wilderness System Upon acquisition of lands by the United States pursuant to subsection (d)(2)(A), that portion of the Stephanka Tract lying south and west of the Kenai River, consisting of approximately 592 acres, shall be included in and managed as part of the Kenai Wilderness and such lands shall be managed in accordance with the applicable provisions of the Wilderness Act and ANILCA. (f)  Designation of Lake Todatonten Special Management Area. (1)  Purpose To balance the potential effects on fish, wildlife, and habitat of the removal of KNA lands from the Refuge System, the Secretary is hereby directed to withdraw, subject to valid existing rights, from location, entry, and patent under the mining laws and to create as a special management unit for the protection of fish, wildlife, and habitat, certain unappropriated and unreserved public lands, totaling approximately 37,000 acres adjacent to the west boundary of the Kanuti National Wildlife Refuge to be known as the Lake Todatonten Special Management Area, as depicted on the map entitled Proposed: Lake Todatonten Special Management Area, dated June 13, 1996 (2)  Management. (A) Such designation is subject to all valid existing rights as well as the subsistence preferences provided under title VIII of ANILCA [ 16 U.S.C. 3111 (B) The Secretary may permit any additional uses of the area, or grant easements, only to the extent that such use, including leasing under the mineral leasing laws, is determined to not detract from nor materially interfere with the purposes for which the Special Management Area is established. (C) (i) The BLM shall establish the Lake Todatonten Special Management Area Committee. The membership of the Committee shall consist of 11 members as follows: (I) Two residents each from the villages of Alatna, Allakaket, Hughes, and Tanana. (II) One representative from each of Doyon Corporation, the Tanana Chiefs Conference, and the State of Alaska. (ii) Members of the Committee shall serve without pay. (iii) The BLM shall hold meetings of the Lake Todatonten Special Management Area Committee at least once per year to discuss management issues within the Special Management Area. The BLM shall not allow any new type of activity in the Special Management Area without first conferring with the Committee in a timely manner. (3)  Access The Secretary shall allow the following: (A) Private access for any purpose, including economic development, to lands within the boundaries of the Special Management Area which are owned by third parties or are held in trust by the Secretary for third parties pursuant to the Alaska Native Allotment Act ( 25 U.S.C. 336 (B) Existing public access across the Special Management Area. Section 1110(a) of ANILCA [ 16 U.S.C. 3170(a) (4)  Secretarial order and maps The Secretary shall file with the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate, the Secretarial Order and maps setting forth the boundaries of the Area within 90 days of the completion of the acquisition authorized by this section. Once established, this Order may only be amended or revoked by Act of Congress. (5)  Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.  1785. Fossil Forest Research Natural Area (a) Establishment To conserve and protect natural values and to provide scientific knowledge, education, and interpretation for the benefit of future generations, there is established the Fossil Forest Research Natural Area (referred to in this section as the Area), consisting of the approximately 2,770 acres in the Farmington District of the Bureau of Land Management, New Mexico, as generally depicted on a map entitled Fossil Forest, dated June 1983. (b) Map and legal description (1) In general As soon as practicable after November 12, 1996 (2) Force and effect The map and legal description described in paragraph (1) shall have the same force and effect as if included in this Act. (3) Technical corrections The Secretary of the Interior may correct clerical, typographical, and cartographical errors in the map and legal description subsequent to filing the map pursuant to paragraph (1). (4) Public inspection The map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, Department of the Interior. (c) Management (1) In general The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall manage the Area (A) to protect the resources within the Area; and (B) in accordance with this Act, the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 (2) Mining (A) Withdrawal Subject to valid existing rights, the lands within the Area are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing, geothermal leasing, and mineral material sales. (B) Coal preference rights The Secretary of the Interior is authorized to issue coal leases in New Mexico in exchange for any preference right coal lease application within the Area. Such exchanges shall be made in accordance with applicable existing laws and regulations relating to coal leases after a determination has been made by the Secretary that the applicant is entitled to a preference right lease and that the exchange is in the public interest. (C) Oil and gas leases Operations on oil and gas leases issued prior to November 12, 1996 November 12, 1996 (3) Grazing Livestock grazing on lands within the Area may not be permitted. (d) Inventory Not later than 3 full fiscal years after November 12, 1996 (e) Management plan (1) In general Not later than 5 years after November 12, 1996 (2) Contents The management plan shall include (A) a plan for the implementation of a continuing cooperative program with other agencies and groups for (i) laboratory and field interpretation; and (ii) public education about the resources and values of the Area (including vertebrate fossils); (B) provisions for vehicle management that are consistent with the purpose of the Area and that provide for the use of vehicles to the minimum extent necessary to accomplish an individual scientific project; (C) procedures for the excavation and collection of fossil remains, including botanical fossils, and the use of motorized and mechanical equipment to the minimum extent necessary to accomplish an individual scientific project; and (D) mitigation and reclamation standards for activities that disturb the surface to the detriment of scenic and environmental values. ( Pub. L. 98603, title I,  103 Oct. 30, 1984 98 Stat. 3156 Pub. L. 104333, div. I, title X,  1022(e) Nov. 12, 1996 110 Stat. 4213 Pub. L. 106176, title I,  124 Mar. 10, 2000 114 Stat. 30  Editorial Notes  References in Text This Act, referred to in subsecs. (b)(2) and (c)(1)(B), is Pub. L. 98603 Oct. 30, 1984 98 Stat. 3155 The Federal Land Policy and Management Act of 1976, as amended, referred to in subsec. (c)(1)(B), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 1701 of this title Codification November 12, 1996 Pub. L. 104333 Section was enacted as part of the San Juan Basin Wilderness Protection Act of 1984, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter. Amendments 2000Subsec. (b)(1). Pub. L. 106176,  124(1) Subsec. (e)(1). Pub. L. 106176,  124(2) Pub. L. 106176,  124(1) 1996 Pub. L. 104333 (a) In recognition of its paramount aesthetic, natural, scientific, educational, and paleontological values, the approximately two thousand seven hundred and twenty acre area in the Albuquerque District of the Bureau of Land Management, New Mexico, known as the Fossil Forest, as generally depicted on a map entitled Fossil Forest, dated June 1983, is hereby withdrawn, subject to valid existing rights, from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing and geothermal leasing and all amendments thereto. The Secretary of the Interior shall administer the area in accordance with the Federal Land Policy and Management Act and shall take such measures as are necessary to ensure that no activities are permitted within the area which would significantly disturb the land surface or impair the areas existing natural, educational, and scientific research values, including paleontological study, excavation, and interpretation. (b) Within one year of October 30, 1984 (c) The Bureau of Land Management is hereby directed to conduct a long-range study of the Fossil Forest to determine how best to manage the areas resource values identified in subsection (a) of this section. Within eight years of October 30, 1984 Statutory Notes and Related Subsidiaries  Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007  1786. Piedras Blancas Historic Light Station (a) Definitions In this section: (1) Light Station The term Light Station means Piedras Blancas Light Station. (2) Outstanding Natural Area The term Outstanding Natural Area means the Piedras Blancas Historic Light Station Outstanding Natural Area established pursuant to subsection (c). (3) Public lands The term public lands has the meaning stated in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1703(e) 1 1 (4) Secretary The term Secretary means the Secretary of the Interior. (b) Findings Congress finds as follows: (1) The publicly owned Piedras Blancas Light Station has nationally recognized historical structures that should be preserved for present and future generations. (2) The coastline adjacent to the Light Station is internationally recognized as having significant wildlife and marine habitat that provides critical information to research institutions throughout the world. (3) The Light Station tells an important story about Californias coastal prehistory and history in the context of the surrounding region and communities. (4) The coastal area surrounding the Light Station was traditionally used by Indian people, including the Chumash and Salinan Indian tribes. (5) The Light Station is historically associated with the nearby world-famous Hearst Castle (Hearst San Simeon State Historical Monument), now administered by the State of California. (6) The Light Station represents a model partnership where future management can be successfully accomplished among the Federal Government, the State of California, San Luis Obispo County, local communities, and private groups. (7) Piedras Blancas Historic Light Station Outstanding Natural Area would make a significant addition to the National Landscape Conservation System administered by the Department of the Interiors Bureau of Land Management. (8) Statutory protection is needed for the Light Station and its surrounding Federal lands to ensure that it remains a part of our historic, cultural, and natural heritage and to be a source of inspiration for the people of the United States. (c) Designation of the Piedras Blancas Historic Light Station Outstanding Natural Area (1) In general In order to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of certain lands in and around the Piedras Blancas Light Station, in San Luis Obispo County, California, while allowing certain recreational and research activities to continue, there is established, subject to valid existing rights, the Piedras Blancas Historic Light Station Outstanding Natural Area. (2) Maps and legal descriptions The boundaries of the Outstanding Natural Area as those shown on the map entitled Piedras Blancas Historic Light Station: Outstanding Natural Area, dated May 5, 2004 (3) Basis of management The Secretary shall manage the Outstanding Natural Area as part of the National Landscape Conservation System to protect the resources of the area, and shall allow only those uses that further the purposes for the establishment of the Outstanding Natural Area, the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 (4) Withdrawal Subject to valid existing rights, and in accordance with the existing withdrawal as set forth in Public Land Order 7501 ( Oct. 12, 2001 (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the public land mining laws; and (C) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. (d) Management of the Piedras Blancas Historic Light Station Outstanding Natural Area (1) In general The Secretary shall manage the Outstanding Natural Area in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of that area, including an emphasis on preserving and restoring the Light Station facilities, consistent with the requirements of subsection (c)(3). (2) Uses Subject to valid existing rights, the Secretary shall only allow such uses of the Outstanding Natural Area as the Secretary finds are likely to further the purposes for which the Outstanding Natural Area is established as set forth in subsection (c)(1). (3) Management plan Not later than 3 years after of 2 2 May 8, 2008 43 U.S.C. 1712 (A) provisions designed to ensure the protection of the resources and values described in subsection (c)(1); (B) objectives to restore the historic Light Station and ancillary buildings; (C) an implementation plan for a continuing program of interpretation and public education about the Light Station and its importance to the surrounding community; (D) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resources objectives for the Outstanding Natural Area as described in paragraph (1) and with other proposed management activities to accommodate visitors and researchers to the Outstanding Natural Area; and (E) cultural resources management strategies for the Outstanding Natural Area, prepared in consultation with appropriate departments of the State of California, with emphasis on the preservation of the resources of the Outstanding Natural Area and the interpretive, education, and long-term scientific uses of the resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa (4) Cooperative agreements In order to better implement the management plan and to continue the successful partnerships with the local communities and the Hearst San Simeon State Historical Monument, administered by the California Department of Parks and Recreation, the Secretary may enter into cooperative agreements with the appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Management 3 3 43 U.S.C. 1737(b) (5) Research activities In order to continue the successful partnership with research organizations and agencies and to assist in the development and implementation of the management plan, the Secretary may authorize within the Outstanding Natural Area appropriate research activities for the purposes identified in subsection (c)(1) and pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1737(a) (6) Acquisition State and privately held lands or interests in lands adjacent to the Outstanding Natural Area and identified as appropriate for acquisition in the management plan may be acquired by the Secretary as part of the Outstanding Natural Area only by (A) donation; (B) exchange with a willing party; or (C) purchase from a willing seller. (7) Additions to the Outstanding Natural Area Any lands or interest in lands adjacent to the Outstanding Natural Area acquired by the United States after May 8, 2008 (8) Overflights Nothing in this section or the management plan shall be construed to (A) restrict or preclude overflights, including low level overflights, military, commercial, and general aviation overflights that can be seen or heard within the Outstanding Natural Area; (B) restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over the Outstanding Natural Area; or (C) modify regulations governing low-level overflights above the adjacent Monterey Bay National Marine Sanctuary. (9) Law enforcement activities Nothing in this section shall be construed to preclude or otherwise affect coastal border security operations or other law enforcement activities by the Coast Guard or other agencies within the Department of Homeland Security, the Department of Justice, or any other Federal, State, and local law enforcement agencies within the Outstanding Natural Area. (10) Native American uses and interests In recognition of the past use of the Outstanding Natural Area by Indians and Indian tribes for traditional cultural and religious purposes, the Secretary shall ensure access to the Outstanding Natural Area by Indians and Indian tribes for such traditional cultural and religious purposes. In implementing this subsection, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the Outstanding Natural Area in order to protect the privacy of traditional cultural and religious activities in such areas by the Indian tribe or Indian religious community. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95341 42 U.S.C. 1996 (11) No buffer zones The designation of the Outstanding Natural Area is not intended to lead to the creation of protective perimeters or buffer zones around 4 4 (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. ( Pub. L. 110229, title II,  201 May 8, 2008 122 Stat. 759 Pub. L. 113287,  5 l Dec. 19, 2014 128 Stat. 3271  Editorial Notes  References in Text The Federal Land Policy and Management Act of 1976, referred to in subsec. (c)(3), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 1701 of this title The Archaeological Resources Protection Act of 1979, referred to in subsec. (d)(3)(E), is Pub. L. 9695 Oct. 31, 1979 93 Stat. 721 section 470aa of Title 16 The American Indian Religious Freedom Act, referred to in subsec. (d)(10), is Pub. L. 95341 Aug. 11, 1978 92 Stat. 469 section 1996 of Title 42 Codification Section was enacted as part of the Consolidated Natural Resources Act of 2008, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter. Amendments 2014Subsec. (d)(3)(E). Pub. L. 113287 16 U.S.C. 470  1787. Jupiter Inlet Lighthouse Outstanding Natural Area (a) Definitions In this section: (1) Commandant The term Commandant means the Commandant of the Coast Guard. (2) Lighthouse The term Lighthouse means the Jupiter Inlet Lighthouse located in Palm Beach County, Florida. (3) Local Partners The term Local Partners includes (A) Palm Beach County, Florida; (B) the Town of Jupiter, Florida; (C) the Village of Tequesta, Florida; and (D) the Loxahatchee River Historical Society. (4) Management plan The term management plan means the management plan developed under subsection (c)(1). (5) Map The term map means the map entitled Jupiter Inlet Lighthouse Outstanding Natural Area and dated October 29, 2007 (6) Outstanding Natural Area The term Outstanding Natural Area means the Jupiter Inlet Lighthouse Outstanding Natural Area established by subsection (b)(1). (7) Public land The term public land has the meaning given the term public lands in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) (8) Secretary The term Secretary means the Secretary of the Interior. (9) State The term State means the State of Florida. (b) Establishment of the Jupiter Inlet Lighthouse Outstanding Natural Area (1) Establishment Subject to valid existing rights, there is established for the purposes described in paragraph (2) the Jupiter Inlet Lighthouse Outstanding Natural Area, the boundaries of which are depicted on the map. (2) Purposes The purposes of the Outstanding Natural Area are to protect, conserve, and enhance the unique and nationally important historic, natural, cultural, scientific, educational, scenic, and recreational values of the Federal land surrounding the Lighthouse for the benefit of present generations and future generations of people in the United States, while (A) allowing certain recreational and research activities to continue in the Outstanding Natural Area; and (B) ensuring that Coast Guard operations and activities are unimpeded within the boundaries of the Outstanding Natural Area. (3) Availability of map The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. (4) Withdrawal (A) In general Subject to valid existing rights, subsection (e), and any existing withdrawals under the Executive orders and public land order described in subparagraph (B), the Federal land and any interests in the Federal land included in the Outstanding Natural Area are withdrawn from (i) all forms of entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. (B) Description of Executive orders The Executive orders and public land order described in subparagraph (A) are (i) the Executive Order dated October 22, 1854 (ii) Executive Order No. 4254 ( June 12, 1925 (iii) Public Land Order No. 7202 (61 Fed. Reg. 29758). (c) Management plan (1) In general Not later than 3 years after May 8, 2008 43 U.S.C. 1712 (A) provide long-term management guidance for the public land in the Outstanding Natural Area; and (B) ensure that the Outstanding Natural Area fulfills the purposes for which the Outstanding Natural Area is established. (2) Consultation; public participation The management plan shall be developed (A) in consultation with appropriate Federal, State, county, and local government agencies, the Commandant, the Local Partners, and other partners; and (B) in a manner that ensures full public participation. (3) Existing plans The management plan shall, to the maximum extent practicable, be consistent with existing resource plans, policies, and programs. (4) Inclusions The management plan shall include (A) objectives and provisions to ensure (i) the protection and conservation of the resource values of the Outstanding Natural Area; and (ii) the restoration of native plant communities and estuaries in the Outstanding Natural Area, with an emphasis on the conservation and enhancement of healthy, functioning ecological systems in perpetuity; (B) objectives and provisions to maintain or recreate historic structures; (C) an implementation plan for a program of interpretation and public education about the natural and cultural resources of the Lighthouse, the public land surrounding the Lighthouse, and associated structures; (D) a proposal for administrative and public facilities to be developed or improved that (i) are compatible with achieving the resource objectives for the Outstanding Natural Area described in subsection (d)(1)(A)(ii); and (ii) would accommodate visitors to the Outstanding Natural Area; (E) natural and cultural resource management strategies for the Outstanding Natural Area, to be developed in consultation with appropriate departments of the State, the Local Partners, and the Commandant, with an emphasis on resource conservation in the Outstanding Natural Area and the interpretive, educational, and long-term scientific uses of the resources; and (F) recreational use strategies for the Outstanding Natural Area, to be prepared in consultation with the Local Partners, appropriate departments of the State, and the Coast Guard, with an emphasis on passive recreation. (5) Interim plan Until a management plan is adopted for the Outstanding Natural Area, the Jupiter Inlet Coordinated Resource Management Plan (including any updates or amendments to the Jupiter Inlet Coordinated Resource Management Plan) shall be in effect. (d) Management of the Jupiter Inlet Lighthouse Outstanding Natural Area (1) Management (A) In general The Secretary, in consultation with the Local Partners and the Commandant, shall manage the Outstanding Natural Area (i) as part of the National Landscape Conservation System; (ii) in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of the Outstanding Natural Area, including an emphasis on the restoration of native ecological systems; and (iii) in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 (B) Limitation In managing the Outstanding Natural Area, the Secretary shall not take any action that precludes, prohibits, or otherwise affects the conduct of ongoing or future Coast Guard operations or activities on lots 16 and 18, as depicted on the map. (2) Uses Subject to valid existing rights and subsection (e), the Secretary shall only allow uses of the Outstanding Natural Area that the Secretary, in consultation with the Commandant and Local Partners, determines would likely further the purposes for which the Outstanding Natural Area is established. (3) Cooperative agreements To facilitate implementation of the management plan and to continue the successful partnerships with local communities and other partners, the Secretary may, in accordance with section 307(b) of the Federal Land Management 1 1 43 U.S.C. 1737(b) (4) Research activities To continue successful research partnerships, pursue future research partnerships, and assist in the development and implementation of the management plan, the Secretary may, in accordance with section 307(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1737(a) (5) Acquisition of land (A) In general Subject to subparagraph (B), the Secretary may acquire for inclusion in the Outstanding Natural Area any State or private land or any interest in State or private land that is (i) adjacent to the Outstanding Natural Area; and (ii) identified in the management plan as appropriate for acquisition. (B) Means of acquisition Land or an interest in land may be acquired under subparagraph (A) only by donation, exchange, or purchase from a willing seller with donated or appropriated funds. (C) Additions to the Outstanding Natural Area Any land or interest in land adjacent to the Outstanding Natural Area acquired by the United States after May 8, 2008 (6) Law enforcement activities Nothing in this section, the management plan, or the Jupiter Inlet Coordinated Resource Management Plan (including any updates or amendments to the Jupiter Inlet Coordinated Resource Management Plan) precludes, prohibits, or otherwise affects (A) any maritime security, maritime safety, or environmental protection mission or activity of the Coast Guard; (B) any border security operation or law enforcement activity by the Department of Homeland Security or the Department of Justice; or (C) any law enforcement activity of any Federal, State, or local law enforcement agency in the Outstanding Natural Area. (7) Future disposition of Coast Guard facilities If the Commandant determines, after May 8, 2008 (e) Effect on ongoing and future Coast Guard operations Nothing in this section, the management plan, or the Jupiter Inlet Coordinated Resource Management Plan (including updates or amendments to the Jupiter Inlet Coordinated Resource Management Plan) precludes, prohibits, or otherwise affects ongoing or future Coast Guard operations or activities in the Outstanding Natural Area, including (1) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the Coast Guard High Frequency antenna site on lot 16; (2) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the military family housing area on lot 18; (3) the continued and future use of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the pier on lot 18; (4) the existing lease of the Jupiter Inlet Lighthouse on lot 18 from the Coast Guard to the Loxahatchee River Historical Society; or (5) any easements or other less-than-fee interests in property appurtenant to existing Coast Guard facilities on lots 16 and 18. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. ( Pub. L. 110229, title II,  202 May 8, 2008 122 Stat. 763  Editorial Notes  References in Text The Executive Order dated October 22, 1854 June 12, 1925 The Federal Land Policy and Management Act of 1976, referred to in subsec. (d)(1)(A)(iii), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 1701 of this title Codification Section was enacted as part of the Consolidated Natural Resources Act of 2008, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter. CHAPTER 36 OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT    Sec.  1801. Congressional findings.  1802. Congressional declaration of purposes.  SUBCHAPTER IOFFSHORE OIL SPILL POLLUTION FUND  1811 1824. Repealed.  SUBCHAPTER IIFISHERMENS CONTINGENCY FUND  1841. Definitions.  1842. Fishermens Contingency Fund.  1843. Duties and powers of Secretary.  1844. Burden of proof.  1845. Claims procedure.  1846 1847. Repealed.  SUBCHAPTER IIIMISCELLANEOUS PROVISIONS  1861. Repealed.  1862. Natural gas distribution.  1863. Unlawful employment practices; regulations.  1864. Disclosure of financial interests by officers and employees of Department of the Interior.  1865. Investigation of reserves of oil and gas in Outer Continental Shelf.  1866. Relationship to existing law.  1801. Congressional findings The Congress finds and declares that (1) the demand for energy in the United States is increasing and will continue to increase for the foreseeable future; (2) domestic production of oil and gas has declined in recent years; (3) the United States has become increasingly dependent upon imports of oil from foreign nations to meet domestic energy demand; (4) increasing reliance on imported oil is not inevitable, but is rather subject to significant reduction by increasing the development of domestic sources of energy supply; (5) consumption of natural gas in the United States has greatly exceeded additions to domestic reserves in recent years; (6) technology is or can be made available which will allow significantly increased domestic production of oil and gas without undue harm or damage to the environment; (7) the Outer Continental Shelf contains significant quantities of oil and natural gas and is a vital national resource reserve which must be carefully managed so as to realize fair value, to preserve and maintain competition, and to reflect the public interest; (8) there presently exists a variety of technological, economic, environmental, administrative, and legal problems which tend to retard the development of the oil and natural gas reserves of the Outer Continental Shelf; (9) environmental and safety regulations relating to activities on the Outer Continental Shelf should be reviewed in light of current technology and information; (10) the development, processing, and distribution of the oil and gas resources of the Outer Continental Shelf, and the siting of related energy facilities, may cause adverse impacts on various States and local governments; (11) policies, plans, and programs developed by States and local governments in response to activities on the Outer Continental Shelf cannot anticipate and ameliorate such adverse impacts unless such States, working in close cooperation with affected local governments, are provided with timely access to information regarding activities on the Outer Continental Shelf and an opportunity to review and comment on decisions relating to such activities; (12) funds must be made available to pay for the prompt removal of any oil spilled or discharged as a result of activities on the Outer Continental Shelf and for any damages to public or private interests caused by such spills or discharges; (13) because of the possible conflicts between exploitation of the oil and gas resources in the Outer Continental Shelf and other uses of the marine environment, including fish and shellfish growth and recovery, and recreational activity, the Federal Government must assume responsibility for the minimization or elimination of any conflict associated with such exploitation; (14) the oil and gas resources of the Outer Continental Shelf are limited, nonrenewable resources which must be developed in a manner which takes into consideration the Nations long-range energy needs and also assures adequate protection of the renewable resources of the Outer Continental Shelf which are a continuing and increasingly important source of food and protein to the Nation and the world; and (15) funds must be made available to pay for damage to commercial fishing vessels and gear resulting from activities involving oil and gas exploration, development, and production on the Outer Continental Shelf. ( Pub. L. 95372, title I,  101 Sept. 18, 1978 92 Stat. 630  Statutory Notes and Related Subsidiaries Short Title of 1988 Amendment Pub. L. 100610, title I,  1 Nov. 5, 1988 102 Stat. 3176 This Act [probably should be This title, which amended section 1815 of this title Short Title Pub. L. 95372,  1 Sept. 18, 1978 92 Stat. 629 That this Act [enacting this chapter, sections 1344 to 1356 of this title, and section 237 of Title 30 section 6213 of Title 42  1802. Congressional declaration of purposes The purposes of this chapter are to (1) establish policies and procedures for managing the oil and natural gas resources of the Outer Continental Shelf which are intended to result in expedited exploration and development of the Outer Continental Shelf in order to achieve national economic and energy policy goals, assure national security, reduce dependence on foreign sources, and maintain a favorable balance of payments in world trade; (2) preserve, protect, and develop oil and natural gas resources in the Outer Continental Shelf in a manner which is consistent with the need (A) to make such resources available to meet the Nations energy needs as rapidly as possible, (B) to balance orderly energy resource development with protection of the human, marine, and coastal environments, (C) to insure the public a fair and equitable return on the resources of the Outer Continental Shelf, and (D) to preserve and maintain free enterprise competition; (3) encourage development of new and improved technology for energy resource production which will eliminate or minimize risk of damage to the human, marine, and coastal environments; (4) provide States, and through States, local governments, which are impacted by Outer Continental Shelf oil and gas exploration, development, and production with comprehensive assistance in order to anticipate and plan for such impact, and thereby to assure adequate protection of the human environment; (5) assure that States, and through States, local governments, have timely access to information regarding activities on the Outer Continental Shelf, and opportunity to review and comment on decisions relating to such activities, in order to anticipate, ameliorate, and plan for the impacts of such activities; (6) assure that States, and through States, local governments, which are directly affected by exploration, development, and production of oil and natural gas are provided an opportunity to participate in policy and planning decisions relating to management of the resources of the Outer Continental Shelf; (7) minimize or eliminate conflicts between the exploration, development, and production of oil and natural gas, and the recovery of other resources such as fish and shellfish; (8) establish an oilspill liability fund to pay for the prompt removal of any oil spilled or discharged as a result of activities on the Outer Continental Shelf and for any damages to public or private interests caused by such spills or discharges; (9) insure that the extent of oil and natural gas resources of the Outer Continental Shelf is assessed at the earliest practicable time; and (10) establish a fishermens contingency fund to pay for damages to commercial fishing vessels and gear due to Outer Continental Shelf activities. ( Pub. L. 95372, title I,  102 Sept. 18, 1978 92 Stat. 631  Editorial Notes  References in Text This chapter, referred to in opening provision, was in the original this Act, meaning Pub. L. 95372 Sept. 18, 1978 92 Stat. 629 section 237 of Title 30 section 6213 of Title 42 section 1801 of this title SUBCHAPTER I OFFSHORE OIL SPILL POLLUTION FUND  1811 to 1824. Repealed. Pub. L. 101380, title II,  2004 Aug. 18, 1990 104 Stat. 507   Section 1811, Pub. L. 95372, title III,  301 Sept. 18, 1978 92 Stat. 670  Section 1812, Pub. L. 95372, title III,  302 Sept. 18, 1978 92 Stat. 672 Pub. L. 101239, title IX,  9001(a) Dec. 19, 1989 103 Stat. 2470  Section 1813, Pub. L. 95372, title III,  303 Sept. 18, 1978 92 Stat. 674  Section 1814, Pub. L. 95372, title III,  304 Sept. 18, 1978 92 Stat. 675  Section 1815, Pub. L. 95372, title III,  305 Sept. 18, 1978 92 Stat. 677 Pub. L. 100610, title I Nov. 5, 1988 102 Stat. 3176  Section 1816, Pub. L. 95372, title III,  306 Sept. 18, 1978 92 Stat. 678  Section 1817, Pub. L. 95372, title III,  307 Sept. 18, 1978 92 Stat. 679  Section 1818, Pub. L. 95372, title III,  308 Sept. 18, 1978 92 Stat. 682  Section 1819, Pub. L. 95372, title III,  309 Sept. 18, 1978 92 Stat. 683  Section 1820, Pub. L. 95372, title III,  310 Sept. 18, 1978 92 Stat. 684  Section 1821, Pub. L. 95372, title III,  311 Sept. 18, 1978 92 Stat. 684  Section 1822, Pub. L. 95372, title III,  312 Sept. 18, 1978 92 Stat. 684  Section 1823, Pub. L. 95372, title III,  313 Sept. 18, 1978 92 Stat. 685  Section 1824, Pub. L. 95372, title III,  314 Sept. 18, 1978 92 Stat. 685 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal applicable to incidents occurring after Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of Title 33 Effective Date Pub. L. 95372, title III,  315 Sept. 18, 1978 92 Stat. 685 section 1814(e) of this title section 1815(d) of this title Sept. 18, 1978 Sept. 18, 1978 Pub. L. 101380, title II,  2004 Aug. 18, 1990 104 Stat. 507 Offshore Oil Pollution Compensation Fund Amounts remaining in the Offshore Oil Pollution Compensation Fund established under former section 1812 of this title section 9509 of Title 26 section 2004 of Pub. L. 101380 section 9509 of Title 26 SUBCHAPTER II FISHERMENS CONTINGENCY FUND  1841. Definitions As used in this subchapter, the term (1) area affected by Outer Continental Shelf activities means any geographic area: (A) which is under oil or gas lease on the Outer Continental Shelf; (B) where Outer Continental Shelf exploration, development or production activities have been permitted, except geophysical activities; (C) where pipeline rights-of-way have been granted; or (D) otherwise impacted by such activities including but not limited to expired lease areas, relinquished rights-of-way and easements, Outer Continental Shelf supply vessel routes, or other areas as determined by the Secretary; (2) citizen of the United States means any person who is a United States citizen by law, birth, or naturalization, any State, any agency of a State, or a group of States, or any corporation, partnership, or association organized under the laws of any State which has as its president or other chief executive officer and as its chairman of the board of directors, or holder of a similar office, a person who is a United States citizen by law, birth, or naturalization, and which has at least 75 per centum of the interest of 1 1 (A) if the title to 75 per centum of its stock is not vested in such citizens free from any trust or fiduciary obligation in favor of any person not a citizen of the United States; (B) if 75 per centum of the voting power in such corporation is not vested in citizens of the United States; (C) if through any contract or understanding it is so arranged that more than 25 per centum of the voting power may be exercised, directly or indirectly, in behalf of any person who is not a citizen of the United States; or (D) if by any other means whatsoever control of any interest in the corporation in excess of 25 per centum is conferred upon or permitted to be exercised by any person who is not a citizen of the United States; (3) commercial fisherman means any citizen of the United States who owns, operates, or derives income from being employed on a commercial fishing vessel; (4) commercial fishing vessel means any vessel, boat, ship, or other craft which is (A) documented under the laws of the United States or, if under five net tons, registered under the laws of any State, and (B) used for, equipped to be used for, or of a type which is normally used for commercial purposes for the catching, taking, or harvesting of fish or the aiding or assisting of any activity related to the catching, taking, or harvesting of fish, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing; (5) fish means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals, birds, and highly migratory species; (6) fishing gear means (A) any commercial fishing vessel, and (B) any equipment of such vessel, whether or not attached to such a vessel; (7) Fund means the Fishermens Contingency Fund established under section 1842 of this title (8) Secretary means the Secretary of Commerce or the designee of such Secretary. ( Pub. L. 95372, title IV,  401 Sept. 18, 1978 92 Stat. 685 Pub. L. 97212 June 30, 1982 96 Stat. 143  Editorial Notes Amendments 1982 Pub. L. 97212 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Pub. L. 97212,  9 June 30, 1982 96 Stat. 147  (a) Except as provided for in subsection (b), the amendments made by this Act [amending this section and sections 1842 to 1845 of this title, repealing section 1847 of this title section 1823 of Title 16 section 1823 of Title 16 June 30, 1982 section 1845(a) of this title (b) (1) Any commercial fisherman who filed a claim with the Secretary of Commerce for compensation under title IV of such amendments of 1978 [this subchapter] before the date of the enactment of this Act [ June 30, 1982 section 1845(d) of this title June 30, 1982 (2) The Secretary shall notify each claimant eligible to refile a claim under paragraph (1) of such eligibility within 10 days after the date of enactment of this Act [ June 30, 1982 (3) A claim for which notification on intent to refile was timely made under paragraph (1) must be refiled with the Secretary within the thirty-day period after the date on which the regulations promulgated to implement the amendments made by this Act become final or action shall be resumed with respect to such claim without regard to the amendments made by this Act. (4) The amendments made by this Act shall apply with respect to any claim that is refiled on a timely basis under paragraph (3).  1842. Fishermens Contingency Fund (a) Establishment; availability; source of deposits; limitation on amount; interest-bearing accounts; litigation (1) There is established in the Treasury of the United States a Fishermens Contingency Fund. The Fund shall be available to the Secretary without fiscal year limitations as a revolving fund for the purpose of making payments pursuant to this section. The Fund shall consist of (A) revenues received from investments made under paragraph (3); (B) amounts collected under subsection (b); and (C) amounts recovered by the Secretary under section 1845(h)(2) of this title The total amount in the Fund that is collected under subsection (b) may at no time exceed $2,000,000; and the total amount in the Fund which is attributable to revenue received under paragraph (3) or recovered by the Secretary under section 1845(h)(2) of this title (2) The Fund shall be available, as provided for in appropriation Acts solely for the payment of (A) the personnel and administrative expenses incurred in carrying out this subchapter; (B) any claim, in accordance with procedures established under this section, for damages that are compensable under this subchapter; and (C) attorney and other fees awarded under section 1845(e) of this title (3) Sums in the Fund that are not currently needed for the purposes of the Fund shall be kept on deposit in appropriate interest-bearing accounts that shall be established by the Secretary of the Treasury or invested in obligations of, or guaranteed by, the United States. Any revenue accruing from such deposits and investments shall be deposited into the Fund. (4) The Fund may sue and be sued in its own name. All litigation by or against the Fund shall be referred to the Attorney General. (b) Payments by each holder of lease, permit, easement, or right-of-way (1) Except as provided in paragraph (2), each holder of a lease that is issued or maintained under the Outer Continental Shelf Lands Act [ 43 U.S.C. 1331 (2) Payments may not be required under paragraph (1) by the Secretary of the Interior with respect to geological permits and geophysical permits, other than prelease exploratory drilling permits issued under section 11 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1340 ( Pub. L. 95372, title IV,  402 Sept. 18, 1978 92 Stat. 686 Pub. L. 97212,  2 June 30, 1982 96 Stat. 143  Editorial Notes  References in Text The Outer Continental Shelf Lands Act, referred to in subsec. (b)(1), is act Aug. 7, 1953, ch. 345 67 Stat. 462 section 1301 of this title Amendments 1982Subsec. (a). Pub. L. 97212 section 1845(h)(2) of this title Subsec. (b). Pub. L. 97212 section 1340 of this title Subsec. (c). Pub. L. 97212 Subsec. (d). Pub. L. 97212 Subsec. (e). Pub. L. 97212 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97212 June 30, 1982 section 1845(a) of this title section 9 of Pub. L. 97212 section 1841 of this title  1843. Duties and powers of Secretary (a) Prescription and amendment of regulations respecting settlement of claims; identification classification of potential hazards to commercial fishing In carrying out the provisions of this subchapter, the Secretary shall (1) prescribe, and from time to time amend, regulations for the filing, processing, and fair and expeditious settlement of claims pursuant to this subchapter, including a time limitation of not less than 90 days on the filing of such claims (except that, notwithstanding any other provision of law, final regulations implementing the 1981 amendments to this subchapter shall be published in the Federal Register within 120 days after the date of the enactment of such amendments); and (2) identify and classify all potential hazards to commercial fishing caused by Outer Continental Shelf oil and gas exploration, development, and production activities, including all obstructions on the bottom, throughout the water column, and on the surface. (b) Establishment of regulations respecting color coding, stamping, or labeling of equipment, tools, etc., used on Outer Continental Shelf The Secretary of the Interior shall establish regulations requiring all materials, equipment, tools, containers, and all other items used on the Outer Continental Shelf to be properly color coded, stamped, or labeled, wherever practicable, with the owners identification prior to actual use. (c) Disbursement of payments to compensate commercial fishermen; restrictions (1) Payments shall be disbursed by the Secretary from the Fund to compensate commercial fishermen for actual and consequential damages, including resulting economic loss, due to damages to, or loss of, fishing gear by materials, equipment, tools, containers, or other items associated with Outer Continental Shelf oil and gas exploration, development, or production activities. The compensation payable under this section for resulting economic loss shall be an amount equal to 50 per centum of such loss. For purposes of this subsection, the term resulting economic loss means the gross income, as estimated by the Secretary, that a commercial fisherman who is eligible for compensation under this section will lose by reason of not being able to engage in fishing, or having to reduce his fishing effort, during the period before the damaged or lost fishing gear concerned is repaired or replaced and available for use. (2) Notwithstanding the provisions of paragraph (1) of this subsection, no payment may be made by the Secretary from the Fund (A) to the extent that damages were caused by the negligence or fault of the commercial fisherman making the claim; (B) if the damage set forth in the claim was sustained prior to September 18, 1978 (C) in the case of a claim for damage to, or loss of, fishing gear, in an amount in excess of the replacement value of the fishing gear with respect to which the claim is filed; and (D) for any portion of the damages claimed with respect to which the claimant has received, or will receive, compensation from insurance. ( Pub. L. 95372, title IV,  403 Sept. 18, 1978 92 Stat. 687 Pub. L. 96561, title II,  240(b)(2) Dec. 22, 1980 94 Stat. 3301 Pub. L. 97212 June 30, 1982 96 Stat. 144 Pub. L. 98498, title IV,  420(1) Oct. 19, 1984 98 Stat. 2309  Editorial Notes  References in Text The 1981 amendments to this subchapter, referred to in subsec. (a)(1), probably means the amendments made to this subchapter in 1982 by Pub. L. 97212 section 1847 of this title section 1841 of this title Pub. L. 97212 section 1823 of Title 16 section 1823 of Title 16 The date of enactment of such amendments, referred to in subsec. (a)(1), probably means the date of enactment of Pub. L. 97212 June 30, 1962 Amendments 1984Subsec. (a)(1). Pub. L. 98498 Subsec. (c)(1). Pub. L. 98498 1982Subsec. (a)(1). Pub. L. 97212,  7 Subsec. (c)(1). Pub. L. 97212,  3(1) Subsec. (c)(2). Pub. L. 97212,  3(2) 1980Subsec. (c)(2)(A). Pub. L. 96561 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97212 June 30, 1982 section 1845(a) of this title section 9 of Pub. L. 97212 section 1841 of this title  1844. Burden of proof With respect to any claim for damages filed under this subchapter, there shall be a presumption that such damages were due to activities related to oil and gas exploration, development, or production if the claimant establishes that (1) the commercial fishing vessel was being used for fishing and was located in an area affected by Outer Continental Shelf activities; (2) a report on the location of the material, equipment, tool, container, or other item which caused such damages and the nature of such damages was made within fifteen days after the date on which the vessel first returns to a port after discovering such damages; (3) there was no record on the latest nautical charts or Notice to Mariners in effect at least 15 days prior to the date such damages were sustained that such material, equipment, tool, container, or other item existed where such damages occurred, except that in the case of damages caused by a pipeline, the presumption established by this section shall obtain whether or not there was any such record of the pipeline on the damage date; and (4) there was no proper surface marker or lighted buoy which was attached or closely anchored to such material, equipment, tool, container, or other item. ( Pub. L. 95372, title IV,  404 Sept. 18, 1978 92 Stat. 688 Pub. L. 97212,  4 June 30, 1982 96 Stat. 145  Editorial Notes Amendments 1982 Pub. L. 97212,  4(1) Par. (2). Pub. L. 97212,  4(2) Par. (3). Pub. L. 97212,  4(3) Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97212 June 30, 1982 section 1845(a) of this title section 9 of Pub. L. 97212 section 1841 of this title  1845. Claims procedure (a) Filing requirement; time to file Any commercial fisherman suffering damages compensable under this subchapter may file a claim for compensation with the Secretary under subsection (d)(1). (b) Transmittal of copy of claim to Secretary of the Interior; reference to Secretary Upon receipt of any claim under this section, the Secretary shall transmit a copy of the claim to the Secretary of the Interior and shall take such further action regarding the claim that is required under subsection (d). (c) Notification to persons engaged in activities associated with Outer Continental Shelf energy activities; response of persons notified; submittal of evidence The Secretary of the Interior shall make reasonable efforts to notify all persons known to have engaged in activities associated with Outer Continental Shelf energy activity in the vicinity. Each such person shall promptly notify the Secretary and the Secretary of the Interior as to whether he admits or denies responsibility for the damages claimed. Any such person, including lessees or permittees or their contractors or subcontractors, may submit evidence at any proceeding conducted with respect to such claim. (d) Acceptance of claim by Secretary; time to render decision; review of initial determination (1) The Secretary shall, under regulations prescribed pursuant to section 1843(a) of this title (2) The Secretary may not accept any claim that does not meet the filing requirements specified under paragraph (1), and shall give a claimant whose claim is not accepted written notice of the reasons for nonacceptance. Such written notice must be given to the claimant within 30 days after the date on which the claim was filed and if the claimant does not refile an acceptable claim within 30 days after the date of such written notice, the claimant is not eligible for compensation under this subchapter for the damages concerned; except that the Secretary (A) shall in any case involving a good faith effort by the claimant to meet such filing requirements, or (B) may in any case involving extenuating circumstances, accept a claim that does not meet the 30-day refiling requirement. (3) (A) The Secretary shall make an initial determination with respect to the claim within 60 days after the day on which the claim is accepted for filing. Within 30 days after the day on which the Secretary issues an initial determination on a claim, the claimant, or any other interested person who submitted evidence relating to the initial determination, may petition the Secretary for a review of that determination. (B) If a petition for the review of an initial determination is not filed with the Secretary within the 30-day period provided under subparagraph (A), the initial determination shall thereafter be treated as a final determination by the Secretary on the claim involved. (C) If a petition for review of an initial determination is timely filed under subparagraph (A), the Secretary shall allow the petitioner 30 days after the day on which the petition is received to submit written or oral evidence relating to the initial determination. The Secretary shall then undertake such review and, on the basis of such review, issue a final determination no later than the 60th day after the day on which the Secretary received the petition for review of an initial determination. (e) Claim preparation fees; attorneys fees If the decision of the Secretary under subsection (d) is in favor of the commercial fisherman filing the claim, the Secretary, as a part of the amount awarded, shall include reasonable claim preparation fees and reasonable attorneys fees, if any, incurred by the claimant in pursuing the claim. (f) Powers of Secretary (1) For purposes of any proceeding conducted pursuant to this section, the Secretary shall have the power to administer oaths and subpena the attendance or testimony of witnesses and the production of books, records, and other evidence relative or pertinent to the issues being presented for determination. (2) In any proceeding conducted pursuant to this section with respect to a claim for damages resulting from activities on any area of the Outer Continental Shelf, the Secretary shall consider evidence of obstructions in such area which have been identified pursuant to the survey conducted under section 1847 1 1 (g) Place of proceeding Any proceeding conducted with respect to an initial determination on a claim under subsection (d)(3)(A) shall be conducted within such United States judicial district as may be mutually agreeable to the claimant and the Secretary or, if no agreement can be reached, within the United States judicial district in which the home port of the claimant is located. (h) Certification and disbursement of award; subrogation of rights; payment of costs of proceedings (1) The amount awarded in an initial determination by the Secretary under subsection (d) shall be immediately disbursed, subject to the limitations of this section, by the Secretary if the claimant (A) states in writing that he will not petition for review of the initial determination; and (B) enters into an agreement with the Secretary to repay to the Secretary all or any part of the amount of the award if, after review under subsection (d)(3)(C) or, if applicable, after judicial review, the amount of the award, or any part thereof, is not sustained. (2) Upon payment of a claim by the Secretary pursuant to this subsection, the Secretary shall acquire by subrogation all rights of the claimant against any person found to be responsible for the damages with respect to which such claim was made. Any moneys recovered by the Secretary through subrogation shall be deposited into the Fund. (3) Any person who denies responsibility for damages with respect to which a claim is made and who is subquently 2 2 (i) Judicial review Any claimant or other person who suffers a legal wrong or who is adversely affected or aggrieved by a final determination of the Secretary under subsection (d), may, no later than 30 days after such determination is made, seek judicial review of the determination in the United States district court for such United States judicial district as may be mutually agreeable to the parties concerned or, if no agreement can be reached, in the United States district court for the United States judicial district in which is located the home port of the claimant. ( Pub. L. 95372, title IV,  405 Sept. 18, 1978 92 Stat. 688 Pub. L. 97212,  5 June 30, 1982 96 Stat. 145 Pub. L. 98498, title IV,  420(3) Oct. 19, 1984 98 Stat. 2309  Editorial Notes  References in Text Section 1847 of this title Pub. L. 97212,  6(a) June 30, 1982 96 Stat. 147 Amendments 1984Subsec. (a). Pub. L. 98498,  420(3) Subsec. (d)(1). Pub. L. 98498,  420(4) 1982Subsec. (b). Pub. L. 97212,  5(1) section 3105 of title 5 Subsec. (c). Pub. L. 97212,  5(2) Subsec. (d). Pub. L. 97212,  5(3) Subsec. (e). Pub. L. 97212,  5(4) Subsec. (f). Pub. L. 97212,  5(5) Subsec. (g). Pub. L. 97212,  5(6) Subsec. (h)(1). Pub. L. 97212,  5(7)(A) Subsec. (h)(2). Pub. L. 97212,  5(7)(B) Subsec. (i). Pub. L. 97212,  5(8) Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Amendment by Pub. L. 97212 June 30, 1982 section 1845(a) of this title section 9 of Pub. L. 97212 section 1841 of this title Compensation for Certain Fishing Vessel and Gear Damage; Application Authority to owners or operators of fishing vessels and commercial fishermen failing to make application for compensation within the time limitations of this section or section 1980 of Title 22 Dec. 22, 1980 Pub. L. 96561, title II Dec. 22, 1980 94 Stat. 3300 section 1980 of Title 22  1846. Repealed. Pub. L. 10466, title I,  1021(f) Dec. 21, 1995 109 Stat. 713   Section, Pub. L. 95372, title IV,  406 Sept. 18, 1978 92 Stat. 689  1847. Repealed. Pub. L. 97212,  6(a) June 30, 1982 96 Stat. 147   Section, Pub. L. 95372, title IV,  407 Sept. 18, 1978 92 Stat. 690 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective June 30, 1982 section 1845(a) of this title section 9(a) of Pub. L. 97212 SUBCHAPTER III MISCELLANEOUS PROVISIONS  1861. Repealed. Pub. L. 99367,  2(b) July 31, 1986 100 Stat. 774   Section, Pub. L. 95372, title VI,  601 Sept. 18, 1978 92 Stat. 693 Sept. 18, 1978  1862. Natural gas distribution (a) Expanded participation by local distribution companies in acquisition of leases and development of natural gas resources The purpose of this section is to encourage expanded participation by local distribution companies in acquisition of leases and development of natural gas resources on the Outer Continental Shelf by facilitating the transportation in interstate commerce of natural gas, which is produced from a lease located on the Outer Continental Shelf and owned, in whole or in part, by a local distribution company, from such lease to the service area of such local distribution company. (b) Application and issuance of certificates of public convenience and necessity for transportation of natural gas The Federal Energy Regulatory Commission shall, after opportunity for presentation of written and oral views, promulgate and publish in the Federal Register a statement of Commission policy which carries out the purpose of this section and sets forth the standards under which the Commission will consider applications for, and, as appropriate, issue certificates of public convenience and necessity, pursuant to section 717f of title 15 1 1 (1) whether the application of any local distribution company qualifies for consideration under the statement of policy; and (2) whether the public convenience and necessity will be served by the issuance of the requested certificate of transportation. Such statement of policy shall also set forth the terms or limitations on which the Commission may condition, pursuant to section 717f of title 15 September 18, 1978 (c) Definitions For purposes of this section, the term (1) local distribution company means any person (A) engaged in the distribution of natural gas at retail, including any subsidiary or affiliate thereof engaged in the exploration and production of natural gas; and (B) regulated, or operated as a public utility, by a State or local government or agency thereof; (2) interstate commerce shall have the same meaning as such term has under section 717a(7) of title 15 (3) Commission means the Federal Energy Regulatory Commission. ( Pub. L. 95372, title VI,  603 Sept. 18, 1978 92 Stat. 694  1863. Unlawful employment practices; regulations  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 42 U.S.C. 2000d ( Pub. L. 95372, 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. 95372 Sept. 18, 1978 92 Stat. 629 section 237 of Title 30 section 6213 of Title 42 section 1801 of this title The Outer Continental Shelf Lands Act, referred to in text, is act Aug. 7, 1953, ch. 345 67 Stat. 462 section 1301 of this title The Civil Rights Act of 1964, referred to in text, is Pub. L. 88352 July 2, 1964 78 Stat. 241 section 2000a of Title 42  1864. Disclosure of financial interests by officers and employees of Department of the Interior (a) Annual written statement Each officer or employee of the Department of the Interior who (1) performs any function or duty under this chapter or the Outer Continental Shelf Lands Act [ 43 U.S.C. 1331 (2) has any known financial interest in any person who (A) applies for or receives any permit or lease under, or (B) is otherwise subject to the provisions of this chapter or the Outer Continental Shelf Lands Act [ 43 U.S.C. 1331 shall, beginning on February 1, 1979 1 1 (b) Known financial interest defined; enforcement; report to Congress The Secretary of the Interior shall (1) within ninety days after September 18, 1978 (A) define the term known financial interest for purposes of subsection (a) of this section; and (B) establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements and the review by the Secretary of such statements; and (2) report to the Congress on June 1 of each calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year. (c) Officers and employees in nonregulatory or nonpolicymaking positions In the rules prescribed in subsection (b) of this section, the Secretary may identify specific positions within the Department of the Interior which are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section. (d) Penalties Any officer or employee who is subject to, and knowingly violates, this section shall be fined not more than $2,500 or imprisoned not more than one year, or both. ( Pub. L. 95372, title VI,  605 Sept. 18, 1978 92 Stat. 695  Editorial Notes  References in Text This chapter, referred to in subsec. (a)(1), (2), was in the original this Act, meaning Pub. L. 95372 Sept. 18, 1978 92 Stat. 629 section 237 of Title 30 section 6213 of Title 42 section 1801 of this title This Act, referred to in subsec. (a)(1), is Pub. L. 95372 Sept. 18, 1978 92 Stat. 629 The Outer Continental Shelf Lands Act, referred to in subsec. (a)(1), (2), is act Aug. 7, 1953, ch. 345 67 Stat. 462 section 1301 of this title Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1865. Investigation of reserves of oil and gas in Outer Continental Shelf  The Secretary of the Interior shall conduct a continuing investigation to determine an estimate of the total discovered crude oil and natural gas reserves by fields (including proved and indicated reserves) and undiscovered crude oil and natural gas resources (including hypothetical and speculative resources) of the Outer Continental Shelf. The Secretary of the Interior shall provide a biennial report to Congress on June 30 of every odd numbered year on the results of such investigation. ( Pub. L. 95372, title VI,  606 Pub. L. 99367,  2(c) July 31, 1986 100 Stat. 774  Editorial Notes Prior Provisions A prior section 1865, Pub. L. 95372, title VI,  606 Sept. 18, 1978 92 Stat. 696 Pub. L. 99367,  2(c) Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1866. Relationship to existing law (a) Except as otherwise expressly provided in this chapter, nothing in this chapter shall be construed to amend, modify, or repeal any provision of the Coastal Zone Management Act of 1972 [ 16 U.S.C. 1451 42 U.S.C. 4321 30 U.S.C. 21a (b) Nothing in this chapter or any amendment made by this Act to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 42 U.S.C. 7101 ( Pub. L. 95372, title VI,  608 Sept. 18, 1978 92 Stat. 698  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 95372 Sept. 18, 1978 92 Stat. 629 section 237 of Title 30 section 6213 of Title 42 section 1801 of this title The Coastal Zone Management Act of 1972, referred to in subsec. (a), is title III of Pub. L. 89454 Pub. L. 92583 Oct. 27, 1972 86 Stat. 1280 section 1451 of Title 16 The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 The Mining and Mineral Policy Act of 1970, referred to in subsec. (a), is Pub. L. 91631 Dec. 31, 1970 84 Stat. 1876 section 21a of Title 30 This Act, referred to in subsec. (b), is Pub. L. 95372 Sept. 18, 1978 92 Stat. 629 The Outer Continental Shelf Lands Act, referred to in subsec. (b), is act Aug. 7, 1953, ch. 345 67 Stat. 462 section 1301 of this title The Department of Energy Organization Act, referred to in subsec. (b), is Pub. L. 9591 Aug. 4, 1977 91 Stat. 565 section 7101 of Title 42 CHAPTER 37 PUBLIC RANGELANDS IMPROVEMENT    Sec.  1901. Congressional findings and declaration of policy.  1902. Definitions.  1903. Rangelands inventory and management; public availability.  1904. Range improvement funding.  1905. Grazing fees; economic value of use of land; fair market value components; annual percentage change limitation.  1906. Authority for cooperative agreements and payments effective as provided in appropriations.  1907. National Grasslands; exemptions.  1908. Experimental stewardship program.  1901. Congressional findings and declaration of policy (a) The Congress finds and declares that (1) vast segments of the public rangelands are producing less than their potential for livestock, wildlife habitat, recreation, forage, and water and soil conservation benefits, and for that reason are in an unsatisfactory condition; (2) such rangelands will remain in an unsatisfactory condition and some areas may decline further under present levels of, and funding for, management; (3) unsatisfactory conditions on public rangelands present a high risk of soil loss, desertification, 1 1 (4) the above-mentioned conditions can be addressed and corrected by an intensive public rangelands maintenance, management, and improvement program involving significant increases in levels of rangeland management and improvement funding for multiple-use values; (5) to prevent economic disruption and harm to the western livestock industry, it is in the public interest to charge a fee for livestock grazing permits and leases on the public lands which is based on a formula reflecting annual changes in the costs of production; (6) the Act of December 15, 1971 85 Stat. 649 16 U.S.C. 1331 (b) The Congress therefore hereby establishes and reaffirms a national policy and commitment to: (1) inventory and identify current public rangelands conditions and trends as a part of the inventory process required by section 1711(a) of this title (2) manage, maintain and improve the condition of the public rangelands so that they become as productive as feasible for all rangeland values in accordance with management objectives and the land use planning process established pursuant to section 1712 of this title (3) charge a fee for public grazing use which is equitable and reflects the concerns addressed in paragraph (a)(5) above; (4) continue the policy of protecting wild free-roaming horses and burros from capture, branding, harassment, or death, while at the same time facilitating the removal and disposal of excess wild free-roaming horses and burros which pose a threat to themselves and their habitat and to other rangeland values; (c) The policies of this chapter shall become effective only as specific statutory authority for their implementation is enacted by this chapter or by subsequent legislation, and shall be construed as supplemental to and not in derogation of the purposes for which public rangelands are administered under other provisions of law. ( Pub. L. 95514,  2 Oct. 25, 1978 92 Stat. 1803  Editorial Notes  References in Text Act of December 15, 1971 Pub. L. 92195 Dec. 15, 1971 85 Stat. 649 section 1331 of Title 16 This chapter, referred to in subsec. (c), was in the original this Act, meaning Pub. L. 95514 Oct. 25, 1978 92 Stat. 1803 Statutory Notes and Related Subsidiaries Short Title Pub. L. 95514,  1 Oct. 25, 1978 92 Stat. 1803 That this Act [enacting this chapter and amending sections 1739 and 1751 to 1753 of this title and sections 1332 and 1333 of Title 16, Conservation] may be cited as the Public Rangelands Improvement Act of 1978.  1902. Definitions As used in this chapter (a) The terms rangelands or public rangelands means lands administered by the Secretary of the Interior through the Bureau of Land Management or the Secretary of Agriculture through the Forest Service in the sixteen contiguous Western States on which there is domestic livestock grazing or which the Secretary concerned determines may be suitable for domestic livestock grazing. (b) The term allotment management plan is the same as defined in section 1702(k) of this title (c) The term grazing permit and lease means any document authorizing use of public lands or lands in national forests in the sixteen contiguous Western States for the purpose of grazing domestic livestock. (d) The term range condition means the quality of the land reflected in its ability in specific vegetative areas to support various levels of productivity in accordance with range management objectives and the land use planning process, and relates to soil quality, forage values (whether seasonal or year round), wildlife habitat, watershed and plant communities, the present state of vegetation of a range site in relation to the potential plant community for that site, and the relative degree to which the kinds, proportions, and amounts of vegetation in a plant community resemble that of the desired community for that site. (e) The term native vegetation means those plant species, communities, or vegetative associations which are endemic to a given area and which would normally be identified with a healthy and productive range condition occurring as a result of the natural vegetative process of the area. (f) The term range improvement means any activity or program on or relating to rangelands which is designed to improve production of forage; change vegetative composition; control patterns of use; provide water; stabilize soil and water conditions; and provide habitat for livestock and wildlife. The term includes, but is not limited to, structures, treatment projects, and use of mechanical means to accomplish the desired results. (g) The term court ordered environmental impact statement means any environmental statements which are required to be prepared by the Secretary of the Interior pursuant to the final judgment or subsequent modification thereof as set forth on June 18, 1975 (h) The term Secretary unless specifically designated otherwise, means the Secretary of the Interior. (i) The term sixteen contiguous Western States means the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming. ( Pub. L. 95514,  3 Oct. 25, 1978 92 Stat. 1804  Editorial Notes  References in Text This chapter, referred to in opening provision and in subsec. (b), was in the original this Act, meaning Pub. L. 95514 Oct. 25, 1978 92 Stat. 1803 section 1901 of this title  1903. Rangelands inventory and management; public availability (a) Following enactment of this chapter, the Secretary of the Interior and the Secretary of Agriculture shall update, develop (where necessary) and maintain on a continuing basis thereafter, an inventory of range conditions and record of trends of range conditions on the public rangelands, and shall categorize or identify such lands on the basis of the range conditions and trends thereof as they deem appropriate. Such inventories shall be conducted and maintained by the Secretary as a part of the inventory process required by section 201(a) of the Federal Land Policy and Management Act ( 43 U.S.C. 1711 section 1603 of title 16 (b) The Secretary shall manage the public rangelands in accordance with the Taylor Grazing Act ( 43 U.S.C. 315315(o) 43 U.S.C. 1701178 43 U.S.C. 1712 ( Pub. L. 95514,  4 Oct. 25, 1978 92 Stat. 1805  Editorial Notes  References in Text The Federal Land Policy and Management Act of 1976, referred to in subsec. (b), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 1701 of this title The Taylor Grazing Act, referred to in subsec. (b), is act June 28, 1934, ch. 865 48 Stat. 1269 section 315 of this title  1904. Range improvement funding (a) Authorization of additional appropriations In order to accomplish the purposes of this chapter, there are hereby authorized to be appropriated the sum of an additional $15,000,000 annually in fiscal years 1980 through 1982; for fiscal years 1983 through 1986 an amount no less than the amount authorized for 1982; and for fiscal years 1987 through 1999 an amount not less than $5,000,000 annually more than the amount authorized for fiscal year 1986. Such funds shall be in addition to any range, wildlife, and soil and water management moneys which have been requested by the Secretary under the provisions of section 1748 of this title section 1751 of this title (b) Availability of unappropriated funds for subsequent fiscal years Any amounts authorized by this section not appropriated in one or more fiscal years shall be available for appropriation in any subsequent years. (c) Fund limitations for prescribed uses; distribution, consultation and coordination; public hearings and meetings; interested parties; priority of cooperative agreements with range users No less than 80 per centum of such funds provided herein shall be used for on-the-ground range rehabilitation, maintenance and the construction of range improvements (including project layout, project design, and project supervision). No more than 15 per centum of such funds provided herein shall be used to hire and train such experienced and qualified personnel as are necessary to implement on-the-ground supervision and enforcement of the land use plans required pursuant to section 1712 of this title section 1753 of this title section 1739 of this title (d) Environmental assessment record and environmental impact statement requirements Prior to the use of any funds authorized by this section the Secretary shall cause to have prepared an environmental assessment record on each range improvement project. Thereafter, improvement projects may be constructed unless the Secretary determines that the project will have a significant impact on the quality of human environment, necessitating an environmental impact statement pursuant to the National Environmental Policy Act [ 42 U.S.C. 4321 ( Pub. L. 95514,  5 Oct. 25, 1978 92 Stat. 1805  Editorial Notes  References in Text National Environmental Policy Act, referred to in subsec. (d), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42  1905. Grazing fees; economic value of use of land; fair market value components; annual percentage change limitation  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 ( Pub. L. 95514,  6(a) Oct. 25, 1978 92 Stat. 1806  Executive Documents  Ex. Ord. No. 12548. Grazing Fees Ex. Ord. No. 12548, Feb. 14, 1986 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 Determination of Fees provided provided further Sec Definitions (a) Public rangelands has the same meaning as in the Public Rangelands Improvement Act of 1978 ( Public Law 95514 (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 Services 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 43 U.S.C. 1905 Sec  Ronald Reagan.  1906. Authority for cooperative agreements and payments effective as provided in appropriations  Notwithstanding any other provision of this chapter, authority to enter into cooperative agreements and to make payments under this chapter shall be effective only to the extent or in such amounts as are provided in advance in appropriation Acts. ( Pub. L. 95514,  9 Oct. 25, 1978 92 Stat. 1807  1907. National Grasslands; exemptions  All National Grasslands are exempted from the provisions of this chapter. ( Pub. L. 95514,  11 Oct. 25, 1978 92 Stat. 1808  1908. Experimental stewardship program (a) Scope of program The Secretaries of Interior and Agriculture are hereby authorized and directed to develop and implement, on an experimental basis on selected areas of the public rangelands which are representative of the broad spectrum of range conditions, trends, and forage values, a program which provides incentives to, or rewards for, the holders of grazing permits and leases whose stewardship results in an improvement of the range condition of lands under permit or lease. Such program shall explore innovative grazing management policies and systems which might provide incentives to improve range conditions. These may include, but need not be limited to (1) cooperative range management projects designed to foster a greater degree of cooperation and coordination between the Federal and State agencies charged with the management of the rangelands and with local private range users, (2) the payment of up to 50 per centum of the amount due the Federal Government from grazing permittees in the form of range improvement work, (3) such other incentives as he may deem appropriate. (b) Report to Congress No later than December 31, 1985 section 1905 of this title ( Pub. L. 95514,  12 Oct. 25, 1978 92 Stat. 1808 CHAPTER 38 CRUDE OIL TRANSPORTATION SYSTEMS    Sec.  2001. Findings.  2002. Statement of purposes.  2003. Definitions.  2004. Applications for approval of proposed crude oil transportation systems.  2005. Review schedule.  2006. Environmental impact statements.  2007. Decision of President.  2008. Procedures for waiver of Federal law.  2009. Expedited procedures for issuance of permits: enforcement of rights-of-way.  2010. Negotiations with Government of Canada.  2011. Judicial review.  2012. Authorization for appropriation.  2001. Findings The Congress finds and declares that (1) a serious crude oil supply shortage may soon exist in portions of the United States; (2) a large surplus of crude oil on the west coast of the United States is projected; (3) any substantial curtailment of Canadian crude oil exports to the United States could create a severe crude oil shortage in the northern tier States; (4) pending the authorization and completion of west-to-east crude oil delivery systems, Alaskan crude oil in excess of west coast needs will be transshipped through the Panama Canal at a high transportation cost; (5) national security and regional supply requirements may be such that west-to-east crude delivery systems serving both the northern tier States and inland States, consistent with the requirements of section 410 of the Act approved November 16, 1973 87 Stat. 594 (6) expeditious Federal and State decisions for west-to-east crude oil delivery systems are of the utmost priority; and (7) resolution of the west coast crude oil surplus and the need for crude oil in northern tier States and inland States require the assignment and coordination of overall responsibility within the executive branch to permit expedited action on all necessary environmental assessments and decisions on permit applications concerning delivery systems. ( Pub. L. 95617, title V,  501 Nov. 9, 1978 92 Stat. 3157  Editorial Notes  References in Text Section 410 of the Act approved November 16, 1973 87 Stat. 594 section 410 of Pub. L. 93153 Nov. 16, 1973 87 Stat. 594 section 1651 of this title Statutory Notes and Related Subsidiaries  Definitions The definition of State in section 2602 of Title 16  2002. Statement of purposes The purposes of this chapter are (1) to provide a means for (A) selecting delivery systems to transport Alaskan and other crude oil to northern tier States and inland States, and (B) resolving both the west coast crude oil surplus and the crude oil supply problems in the northern tier States; (2) to provide an expedited procedure for acting on applications for all Federal permits, licenses, and approvals required for the construction and operation or any transportation system approved under this chapter and the Long Beach-Midland project; and (3) to assure that Federal decisions with respect to crude oil transportation systems are coordinated with State decisions to the maximum extent practicable. ( Pub. L. 95617, title V,  502 Nov. 9, 1978 92 Stat. 3157  Statutory Notes and Related Subsidiaries  Definitions The definition of State in section 2602 of Title 16  2003. Definitions As used in this chapter (1) The term northern tier States means the States of Washington, Oregon, Idaho, Montana, North Dakota, Minnesota, Michigan, Wisconsin, Illinois, Indiana, and Ohio. (2) The term inland States means those States in the United States other than northern tier States and the States of California, Alaska, and Hawaii. (3) The term crude oil transportation system means a crude oil delivery system (including the location of such system) for transporting Alaskan and other crude oil to northern tier States and inland States, but such term does not include the Long Beach-Midland project. (4) The term Long Beach-Midland project means the crude oil delivery system which was the subject of, and is generally described in, the Final Environmental Impact Statement, Crude Oil Transportation System: Valdez, Alaska, to Midland, Texas (as proposed by Sohio Transportation Company), the availability of which was announced by the Department of the Interior in the Federal Register on June 1, 1977 (5) The term Federal agency means an Executive agency, as defined in section 105 of title 5 ( Pub. L. 95617, title V,  503 Nov. 9, 1978 92 Stat. 3158  Statutory Notes and Related Subsidiaries  Definitions The definition of State in section 2602 of Title 16  2004. Applications for approval of proposed crude oil transportation systems The following applications for construction and operation of a crude oil transportation system submitted to the Secretary of the Interior by an applicant are eligible for consideration under this chapter: (1) Applications received by the Secretary before the 30th day after November 9, 1978 (2) Applications received by the Secretary during the 60-day period beginning on the 30th day after November 9, 1978 An application under this section may be accepted by the Secretary only if it contains a general description of the route of the proposed system and identification of the applicant and any other person who, at the time of filing, has a financial or other interest in the system or is a party to an agreement under which such person would acquire a financial or other interest in the system. ( Pub. L. 95617, title V,  504 Nov. 9, 1978 92 Stat. 3158  2005. Review schedule (a) Establishment The Secretary of the Interior, after consultation with the heads of appropriate Federal agencies, shall establish an expedited schedule for conducting reviews and making recommendations concerning crude oil transportation systems proposed in applications filed under section 2004 of this title section 4332 of title 42 (b) Additional information (1) On his own initiative or at the request of the head of any Federal agency covered by the review schedule established under subsection (a), the Secretary of the Interior shall require that an applicant provide such additional information as may be necessary to conduct the review of the applicants proposal. Such information may include (A) specific details of the route (and alternative routes) and identification of Federal lands affected by any such route; (B) information necessary for environmental impact statements; and (C) information necessary for the Presidents determination under section 2007(a) of this title (2) If, within a reasonable time, an applicant does not (A) provide information required under this subsection, or (B) comply with any requirement of section 1734 of this title the Secretary of the Interior may declare the application ineligible for consideration under this chapter. After making such a declaration, the Secretary of the Interior shall notify the applicant and the President of such ineligibility. (c) Recommendations of heads of Federal agencies (1) Pursuant to the schedule established under subsection (a), heads of Federal agencies covered by such schedule shall conduct a review of a proposed crude oil transportation system eligible for consideration under this chapter and shall submit their recommendations concerning such systems (and the basis for such recommendations) to the Secretary of the Interior for submission to the President. After receipt of such recommendations and before their submission to the President, the Secretary of the Interior shall provide an opportunity for comments in accordance with paragraph (2). The Secretary of the Interior shall forward such comments to the President with the recommendations (A) in the case of applications filed under section 2004(1) of this title December 1, 1978 (B) in the case of applications filed under section 2004(2) of this title December 1, 1978 (2) (A) After receipt of recommendations under paragraph (1) the Secretary of the Interior shall provide appropriate means by which the Governor and any other official of any State and any official of any political subdivision of a State, may submit written comments concerning proposed crude oil transportation systems eligible for consideration under this chapter. (B) After receipt of recommendations referred to in subparagraph (A), the Secretary of the Interior shall make such comments and recommendations available to the public and provide an opportunity for submission of written comments. (d) Review by Federal Trade Commission; effect on the antitrust laws (1) Promptly after he receives an application for a proposed crude oil transportation system eligible for consideration under this chapter, the Secretary of the Interior shall submit to the Federal Trade Commission a copy of such application and such other information as the Commission may reasonably require. The Commission may prepare and submit to the President a report on the impact of implementation of such application upon competition and restraint of trade and on whether such implementation would be inconsistent with the antitrust laws. Such report shall be made available to the public. Nothing in this subsection shall be construed to prevent the President from making his decision under section 2007(a) of this title (2) Nothing in this chapter shall bar the Attorney General or any other appropriate officer or agent of the United States from challenging any anticompetitive act or practice related to the ownership, construction, or operation of any crude oil transportation system approved under this chapter. The approval of any such system under this chapter shall not be deemed to convey to any person immunity from civil or criminal liability or to create defenses to actions under the antitrust laws and shall not modify or abridge any private right of action under such laws. (e) Filing and review of permits, rights-of-way applications, etc., not affected Nothing in this chapter shall be construed to prevent the acceptance and review by any Federal agency of any application for any Federal permit, right-of-way, or other authorizations under other provisions of law for a crude oil transportation system eligible for consideration under this chapter; except that any determination with respect to such an application may be made only in accordance with the provisions of section 2009(a) of this title ( Pub. L. 95617, title V,  505 Nov. 9, 1978 92 Stat. 3158  Statutory Notes and Related Subsidiaries  Definitions The definitions of State and antitrust laws in section 2602 of Title 16  2006. Environmental impact statements (a) Preparation of environmental impact statements Any Federal agency required under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 42 U.S.C. 4321 (b) Filing of environmental impact statements On or before December 1, 1978 42 U.S.C. 4332 section 2004(2) of this title December 1, 1978 (c) Report of Council on Environmental Quality Promptly after receiving an environmental impact statement referred to in subsection (b) for a crude oil transportation system, the Council on Environmental Quality shall submit to the President a report on the Councils opinion concerning such statement and concerning other matters related to the environmental impact of such system. ( Pub. L. 95617, title V,  506 Nov. 9, 1978 92 Stat. 3160  Editorial Notes  References in Text Such Act, referred to in subsec. (a), means the National Environmental Policy Act of 1969, Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Statutory Notes and Related Subsidiaries  Definitions The definition of State agency in section 2602 of Title 16  2007. Decision of President (a) Decision concerning approval or disapproval of proposed systems (1) After reviewing all the information submitted to him concerning the various proposed crude oil transportation systems eligible for consideration under this chapter (including environmental impact statements, comments, reports, recommendations, and other information submitted to him at any time before he makes his decision) and after consulting the Secretaries of Energy, the Interior, and Transportation, the President shall decide which, if any, of such systems shall be approved for the purposes of section 2008 of this title section 2009 of this title section 2010 of this title section 2011 of this title section 2005(c) of this title (2) Any decision made under this subsection approving a system proposed under this chapter shall include a determination that construction and operation of such system is in the national interest and shall be based upon the criteria specified in subsection (b). (b) Criteria (1) The criteria for making a decision under this subsection shall include findings of (A) environmental impacts of the proposed systems and the capability of such systems to minimize environmental risks resulting from transportation of crude oil; (B) the amount of crude oil available to northern tier States and inland States and the projected demand in those States under each of such systems; (C) transportation costs and delivered prices of crude oil by region under each of such systems; (D) construction schedules for each of such systems and possibilities for delay in such schedules; (E) feasibility of financing for each of such systems; (F) capital and operating costs of each of such systems, including an analysis of the reliability of cost estimates and the risk of cost overruns; (G) net national economic costs and benefits of each such system; (H) the extent to which each system complies with the provisions of section 410 of the Act approved November 16, 1973 87 Stat. 594 (I) the effect of each such system on international relations, including the status and time schedule for any necessary Canadian approvals and plans; (J) impact upon competition by each system; (K) degree of safety and efficiency of design and operation of each system; (L) potential for interruption of deliveries of crude oil from the west coast under each such system; (M) capacity and cost of expanding such system to transport additional volumes of crude oil in excess of initial system capacity; (N) national security considerations under each such system; (O) relationship of each such system to national energy policy; and (P) such other factors as the President deems appropriate. (2) The period of time for which such findings shall be made shall be the useful life of the crude oil transportation system involved. (c) Publication of findings and decision The President shall make available to the public at the time of issuance of a decision under this section a written statement setting forth findings with respect to each of the criteria specified in subsection (b) and describing the nature and route of crude oil transportation systems, if any, which are approved in the decision. If the Presidents decision is to approve a system, each statement shall set forth his reasons for approving such system over other proposed systems (if any) eligible for consideration under this chapter. Such statement along with notification of such decision shall be published in the Federal Register. ( Pub. L. 95617, title V,  507 Nov. 9, 1978 92 Stat. 3160  Editorial Notes  References in Text Section 410 of the Act approved November 16, 1973 87 Stat. 594 section 410 of Pub. L. 93153 Nov. 16, 1973 87 Stat. 594 section 1651 of this title  2008. Procedures for waiver of Federal law (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 (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 1 section 719f(d) of title 15 section 719f(d) of title 15 ( Pub. L. 95617, 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  2009. Expedited procedures for issuance of permits: enforcement of rights-of-way (a) Expedited procedures for approved systems After issuance of a decision by the President approving any crude oil transportation system, all Federal officers and agencies shall expedite, to the maximum extent practicable, consistent with applicable provisions of law, all actions necessary to determine whether to issue, administer, or enforce rights-of-way across Federal lands and to issue Federal permits in connection with, or otherwise to authorize, construction and operation of such system. Any such action shall be consistent with applicable provisions of law. After taking any such action, such officer or agency shall publish notification of the taking of such action in the Federal Register. (b) Expedited procedures for Long Beach-Midland project All decisions regarding issuance of Federal permits, rights-of-way, and leases and other Federal authorizations necessary for construction and operation of the Long Beach-Midland project shall be consistent with applicable provisions of Federal law, except that such decisions shall be made within 30 days after the date this chapter becomes effective. The President may extend the date by which such decisions, under the preceding sentence, are to be made to a date not later than 90 days after the effective date of this chapter. Notification of the making of such decisions shall be published in the Federal Register. Nothing in this section affects any decision made before November 9, 1978 (c) Law governing rights-of-way Rights-of-way over any Federal land with respect to an approved crude oil transportation system or the Long Beach-Midland project shall be governed by the provisions of section 185 of title 30 ( Pub. L. 95617, title V,  509 Nov. 9, 1978 92 Stat. 3162  Editorial Notes  References in Text The date this chapter becomes effective and the effective date of this chapter, referred to in subsec. (b), mean the date of enactment of title V of Pub. L. 95617 Nov. 9, 1978  2010. Negotiations with Government of Canada  With respect to any crude oil transportation system approved under section 2007(a) of this title ( Pub. L. 95617, title V,  510 Nov. 9, 1978 92 Stat. 3163  2011. Judicial review (a) Notice The President or any other Federal officer shall cause notice to be published in the Federal Register and in newspapers of general circulation in the areas affected whenever he makes any decision described in subsection (b). (b) Review of certain Federal actions Any action seeking judicial review of an action or decision of the President or any other Federal officer taken or made after November 9, 1978 section 2007(a) of this title (c) Jurisdiction of courts An action under subsection (b) shall be barred unless a petition is filed within the time specified. Any such petition shall be filed in the appropriate United States district court. A copy of such petition shall be transmitted by the clerk of such court to the Secretary. Notwithstanding the amount in controversy, such court shall have jurisdiction to determine such proceeding in accordance with the procedures hereinafter provided and to provide appropriate relief. No State or local court shall have jurisdiction of any such claim whether in a proceeding instituted before, on, or after the date this chapter becomes effective. No court shall have jurisdiction to grant any injunctive relief against the issuance of any right-of-way, permit, lease, or other authorization in connection with a crude oil transportation system approved under section 2007(a) of this title ( Pub. L. 95617, title V,  511 Nov. 9, 1978 92 Stat. 3163 Pub. L. 98620, title IV,  402(45) Nov. 8, 1984 98 Stat. 3360  Editorial Notes  References in Text The date this chapter becomes effective, referred to in subsec. (c), means the date of enactment of title V of Pub. L. 95617 Nov. 9, 1978 Amendments 1984Subsec. (c). Pub. L. 98620 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98620 Nov. 8, 1984 section 403 of Pub. L. 98620 section 1657 of Title 28  Definitions The definition of State in section 2602 of Title 16  2012. Authorization for appropriation  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 September 30, 1979 ( Pub. L. 95617, title V,  512 Nov. 9, 1978 92 Stat. 3164 CHAPTER 39 ABANDONED SHIPWRECKS    Sec.  2101. Findings.  2102. Definitions.  2103. Rights of access.  2104. Preparation of guidelines.  2105. Rights of ownership.  2106. Relationship to other laws.  2101. Findings 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. 100298,  2 Apr. 28, 1988 102 Stat. 432  Statutory Notes and Related Subsidiaries Short Title Pub. L. 100298,  1 Apr. 28, 1988 102 Stat. 432 This Act [enacting this chapter] may be cited as the Abandoned Shipwreck Act of 1987.  2102. Definitions For purposes of this chapter (a) the term embedded means firmly affixed in the submerged lands or in coralline formations such that the use of tools of excavation is required in order to move the bottom sediments to gain access to the shipwreck, its cargo, and any part thereof; (b) the term National Register means the National Register of Historic Places maintained by the Secretary of the Interior under section 101 of the National Historic Preservation Act ( 16 U.S.C. 470a 1 1 (c) the terms public lands, Indian lands, and Indian tribe have the same meaning given the terms in the Archaeological Resource 2 2 16 U.S.C. 470aa470 ll (d) the term shipwreck means a vessel or wreck, its cargo, and other contents; (e) the term State means a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands; and (f) the term submerged lands means the lands (1) that are lands beneath navigable waters, as defined in section 1301 of this title (2) of Puerto Rico, as described in section 749 of title 48 (3) of Guam, the Virgin Islands and American Samoa, as described in section 1705 of title 48 (4) of the Commonwealth of the Northern Mariana Islands, as described in section 801 of Public Law 94241 1 ( Pub. L. 100298,  3 Apr. 28, 1988 102 Stat. 432  Editorial Notes  References in Text Section 101 of the National Historic Preservation Act ( 16 U.S.C. 470a section 101 of Pub. L. 89665 Pub. L. 113287 Dec. 19, 2014 128 Stat. 3094 The Archaeological Resource Protection Act of 1979, referred to in subsec. (c), is Pub. L. 9695 Oct. 31, 1979 93 Stat. 721 section 470aa of Title 16 Section 801 of Public Law 94241 section 1 of Pub. L. 94241 Mar. 24, 1976 90 Stat. 263 section 1801 of Title 48  2103. Rights of access (a) Access rights In order to (1) clarify that State waters and shipwrecks offer recreational and educational opportunities to sport divers and other interested groups, as well as irreplaceable State resources for tourism, biological sanctuaries, and historical research; and (2) provide that reasonable access by the public to such abandoned shipwrecks be permitted by the State holding title to such shipwrecks pursuant to section 2105 of this title it is the declared policy of the Congress that States carry out their responsibilities under this chapter to develop appropriate and consistent policies so as to (A) protect natural resources and habitat areas; (B) guarantee recreational exploration of shipwreck sites; and (C) allow for appropriate public and private sector recovery of shipwrecks consistent with the protection of historical values and environmental integrity of the shipwrecks and the sites. (b) Parks and protected areas In managing the resources subject to the provisions of this chapter, States are encouraged to create underwater parks or areas to provide additional protection for such resources. Funds available to States from grants from the Historic Preservation Fund shall be available, in accordance with the provisions of chapter 3029 of title 54, for the study, interpretation, protection, and preservation of historic shipwrecks and properties. ( Pub. L. 100298,  4 Apr. 28, 1988 102 Stat. 433  Editorial Notes Codification In subsec. (b), chapter 3029 of title 54 substituted for title I of the National Historic Preservation Act on authority of Pub. L. 113287,  6(e) Dec. 19, 2014 128 Stat. 3272  2104. Preparation of guidelines (a) Purposes of guidelines; publication in Federal Register In order to encourage the development of underwater parks and the administrative cooperation necessary for the comprehensive management of underwater resources related to historic shipwrecks, the Secretary of the Interior, acting through the Director of the National Park Service, shall within nine months after April 28, 1988 (1) maximize the enhancement of cultural resources; (2) foster a partnership among sport divers, fishermen, archeologists, salvors, and other interests to manage shipwreck resources of the States and the United States; (3) facilitate access and utilization by recreational interests; (4) recognize the interests of individuals and groups engaged in shipwreck discovery and salvage. (b) Consultation Such guidelines shall be developed after consultation with appropriate public and private sector interests (including the Secretary of Commerce, the Advisory Council on Historic Preservation, sport divers, State Historic Preservation Officers, professional dive operators, salvors, archeologists, historic preservationists, and fishermen). (c) Use of guidelines in developing legislation and regulations Such guidelines shall be available to assist States and the appropriate Federal agencies in developing legislation and regulations to carry out their responsibilities under this chapter. ( Pub. L. 100298,  5 Apr. 28, 1988 102 Stat. 433  2105. Rights of ownership (a) United States title The United States asserts title to any abandoned shipwreck that is (1) embedded in submerged lands of a State; (2) embedded in coralline formations protected by a State on submerged lands of a State; or (3) on submerged lands of a State and is included in or determined eligible for inclusion in the National Register. (b) Notice of shipwreck location; eligibility determination for inclusion in National Register of Historic Places The public shall be given adequate notice of the location of any shipwreck to which title is asserted under this section. The Secretary of the Interior, after consultation with the appropriate State Historic Preservation Officer, shall make a written determination that an abandoned shipwreck meets the criteria for eligibility for inclusion in the National Register of Historic Places under clause (a)(3). (c) Transfer of title to States The title of the United States to any abandoned shipwreck asserted under subsection (a) of this section is transferred to the State in or on whose submerged lands the shipwreck is located. (d) Exception Any abandoned shipwreck in or on the public lands of the United States is the property of the United States Government. Any abandoned shipwreck in or on any Indian lands is the property of the Indian tribe owning such lands. (e) Reservation of rights This section does not affect any right reserved by the United States or by any State (including any right reserved with respect to Indian lands) under (1) section 1311, 1313, or 1314 of this title; or (2) section 414 or 415 of title 33. ( Pub. L. 100298,  6 Apr. 28, 1988 102 Stat. 433  2106. Relationship to other laws (a) Law of salvage and law of finds The law of salvage and the law of finds shall not apply to abandoned shipwrecks to which section 2105 of this title (b) Laws of United States This chapter shall not change the laws of the United States relating to shipwrecks, other than those to which this chapter applies. (c) Effective date This chapter shall not affect any legal proceeding brought prior to April 28, 1988 ( Pub. L. 100298,  7 Apr. 28, 1988 102 Stat. 434 CHAPTER 40 RECLAMATION STATES EMERGENCY DROUGHT RELIEF    Sec.  2201. Definitions.  SUBCHAPTER IDROUGHT PROGRAM  2211. Assistance during drought; water purchases.  2212. Availability of water on temporary basis.  2213. Loans.  2214. Applicable period of drought program.  2215. Assistance for drought-related planning in reclamation States.  SUBCHAPTER IIDROUGHT CONTINGENCY PLANNING  2221. Identification of opportunities for water supply conservation, augmentation and use.  2222. Drought contingency plans.  2223. Plan elements.  2224. Recommendations.  2225. Reclamation Drought Response Fund.  2226. Technical assistance and transfer of precipitation management technology.  SUBCHAPTER IIIGENERAL AND MISCELLANEOUS PROVISIONS  2241. Authorization of appropriations.  2242. Authority of Secretary.  2243. Temperature control at Shasta Dam, Central Valley Project.  2244. Effect of chapter on other laws.  2245. Excess storage and carrying capacity.  2246. Report.  2247. Federal Reclamation laws.  2201. Definitions As used in this chapter: (1) The term Secretary means the Secretary of the Interior. (2) The term Federal Reclamation laws means the Act of June 17, 1902 32 Stat. 388 (3) The term Federal Reclamation project means any project constructed or funded under Federal Reclamation law. Such term includes projects having approved loans under the Small Reclamation Projects Act of 1956 ( 70 Stat. 1044 43 U.S.C. 422a ( Pub. L. 102250,  2 Mar. 5, 1992 106 Stat. 53  Editorial Notes  References in Text Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of this title The Small Reclamation Projects Act of 1956, referred to in par. (3), is act Aug. 6, 1956, ch. 972 70 Stat. 1044 section 422k of this title Statutory Notes and Related Subsidiaries Short Title Pub. L. 102250,  1 Mar. 5, 1992 106 Stat. 53 This Act [enacting this chapter] may be cited as the Reclamation States Emergency Drought Relief Act of 1991. Executive Documents  Building National Capabilities for Long-Term Drought Resilience Memorandum of President of the United States, Mar. 21, 2016 Memorandum for the Heads of Executive Departments and Agencies By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following: Section Purpose Among other actions, this memorandum institutionalizes the National Drought Resilience Partnership (NDRP), which builds upon the National Integrated Drought Information System, an interagency program led by the Department of Commerce. The NDRP was outlined in the Presidents Climate Action Plan to better coordinate Federal support for drought-related efforts, help communities reduce the impact of current drought events, and prepare for future droughts. In sustaining this focused collaboration, the NDRP will provide the Federal Government with a lasting platform that enables locally and regionally driven priorities and needs to guide coordinated Federal activities. Sec Policy Sec Drought Resilience Goals (i) Data Collection and Integration (ii) Communicating Drought Risk to Critical Infrastructure (iii) Drought Planning and Capacity Building (iv) Coordination of Federal Drought Activity (v) Market-Based Approaches for Infrastructure and Efficiency (vi) Innovative Water Use, Efficiency, and Technology (b) The NDRP, as described in section 5 of this memorandum, shall facilitate, coordinate, and monitor the implementation of the actions conducted to achieve these goals. Sec Drought Resilience Actions December 31, 2016 (a) Data Collection and Integration (i) The heads of agencies participating in the NDRP shall: (A) improve the integration of all relevant drought-related data and information, and facilitate the use of such data, in coordination with the National Integrated Drought Information System, by State, regional, tribal, and local officials in drought planning and decisionmaking; and (B) identify and use data formats that will allow these datasets to be incorporated into existing geospatial data platforms. (ii) The Secretaries of the Interior, Agriculture, Commerce, and the Director of the Office of Science and Technology Policy shall coordinate the implementation of the activities described in section 4(a)(i) of this memorandum. (b) Drought Planning and Capacity Building (i) The heads of agencies participating in the NDRP shall: (A) provide technical and scientific information to State, regional, tribal, and local officials concerning the integration of drought planning, hazard mitigation, and preparedness planning; and (B) ensure that local and regional officials are aware of drought-related planning activities and similar initiatives occurring in their region, which will avoid duplication of effort and prompt peer-to-peer collaboration. (ii) The Secretaries of the Interior, Agriculture, Commerce, and Homeland Security shall coordinate the implementation of the activities described in section 4(b)(i) of this memorandum. (c) Communicating Drought Risk to Critical Infrastructure (i) The heads of agencies participating in the NDRP shall: (A) support information gathering and analysis to assess the risk of drought to critical infrastructure; and (B) use the assessment described in section 4(c)(ii) of this memorandum to inform agencies and to better communicate accurate, science-based information about drought, and the risks of drought to communities, critical infrastructure owners and operators, and other drought resilience stakeholders. (ii) The Secretaries of Commerce and Homeland Security shall coordinate the implementation of the activities described in section 4(c)(i) of this memorandum and jointly publish an assessment describing the risk that drought poses to U.S. critical infrastructure. (d) Coordination of Federal Drought Activity (i) The heads of agencies participating in the NDRP shall: (A) coordinate and use Federal programs and investments to better support drought resilience through improved information sharing and collaboration, building on existing place-based and program coordination efforts; and (B) develop tools, guidance, and other relevant resources to ensure drought-related support to State, regional, tribal, and local officials occurs in an effective and efficient manner. (ii) The Secretaries of the Interior, Agriculture, Commerce, and the Army shall coordinate the implementation of the activities described in section 4(d)(i) of this memorandum. (e) Market-Based Approaches for Infrastructure and Efficiency (i) The heads of agencies participating in the NDRP shall: (A) identify and share effective practices with State, regional, tribal, and local water users on the use of innovative financing opportunities to facilitate the construction, maintenance, rehabilitation, or restoration of drought-resilient infrastructure; (B) test innovative financing opportunities, to the extent permitted by law, to attract private investment into underserved and drought-sensitive rural water infrastructure; and (C) where appropriate, provide technical assistance to support State and local efforts to develop strategies for more flexible water management, including through market-based mechanisms. (ii) The Secretaries of the Interior and Agriculture and the Administrator of the Environmental Protection Agency shall coordinate the implementation of the activities described in section 4(e)(i) of this memorandum. (f) Innovative Water Use, Efficiency, and Technology (i) The heads of agencies participating in the NDRP shall: (A) engage with foreign partners in order to establish mechanisms through which to implement relevant research, monitoring, and technical assistance to support transfer and adaptation of more water-efficient practices and technologies domestically; (B) facilitate the development of new technologies and practices or the expansion of existing technologies and practices to mitigate the consequences of drought; and (C) promote expanded use of technologies that allow the use of produced, reused, brackish, recycled, or other alternative water sources where possible and appropriate. (ii) The Secretaries of State, Agriculture, Energy, the Interior, and the Environmental Protection Agency shall coordinate the implementation of the activities described in section 4(f)(i) of this memorandum. Sec National Drought Resilience Partnership (a) Establishment and Function (b) Administration of the NDRP (c) Membership (i) the Department of Defense, Office of the Secretary of Defense-Policy; (ii) the Department of the Interior; (iii) the Department of Agriculture; (iv) the Department of Commerce; (v) the Department of Energy; (vi) the Department of Homeland Security; (vii) the Environmental Protection Agency; (viii) the Office of Management and Budget; (ix) the Office of Science and Technology Policy; (x) the National Economic Council; (xi) the Council on Environmental Quality; (xii) the National Security Council staff; (xiii) the Army; and (xiv) such other agencies or offices as the agencies set forth above, by consensus, deem appropriate. (d) NDRP Co-Chairs (e) Charter (f) Reporting Requirements and Action Plan November 1, 2013 (g) Long-Term Drought Resilience Action Plan Sec Regional Coordination and Implementation (a) Regional Capabilities (b) Regional Engagement Coordination Sec Definitions 44 U.S.C. 3502(1) (b) Critical infrastructure has the meaning provided in section 1016(e) of the USA Patriot Act of 2001 ( 42 U.S.C. 5195c(e) (c) Drought has the meaning provided in section 2(1) of the National Integrated Drought Information System Act of 2006 ( 15 U.S.C. 313d (d) Drought resilience means the ability to anticipate, prepare for, and adapt to the anticipated consequences of drought conditions, particularly long-term or extreme drought. (e) Resilience means the ability to anticipate, prepare for, and adapt to changing conditions and withstand, respond to, and recover rapidly from disruptions. Sec General Provisions (b) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to a department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Agriculture is hereby authorized and directed to publish this memorandum in the Federal Register.  Barack Obama. SUBCHAPTER I DROUGHT PROGRAM  2211. Assistance during drought; water purchases (a) Construction, management, and conservation Consistent with existing contractual arrangements and applicable State and applicable Federal law, and without further authorization, the Secretary is authorized to undertake construction, management, and conservation activities that will minimize, or can be expected to have an effect in minimizing, losses and damages resulting from drought conditions. Any construction activities undertaken pursuant to the authority of this subsection shall be limited to temporary facilities designed to minimize losses and damages from drought conditions, except that wells drilled to minimize losses and damages from drought conditions may be permanent facilities. (b) Assistance to willing buyers and sellers In order to minimize losses and damages resulting from drought conditions, the Secretary may provide nonfinancial assistance to willing buyers in their purchase of available water supplies from willing sellers. (c) Water purchases by Bureau In order to minimize losses and damages resulting from drought conditions, the Secretary may purchase water from willing sellers, including, but not limited to, water made available by Federal Reclamation project contractors through conservation or other means with respect to which the seller has reduced the consumption of water. Except with respect to water stored, conveyed or delivered to Federal and State wildlife habitat, the Secretary shall deliver such water pursuant to temporary contracts under section 2212 of this title Provided (d) Water banks In order to respond to a drought, the Secretary is authorized to participate in water banks established by a State. ( Pub. L. 102250, title I,  101 Mar. 5, 1992 106 Stat. 53  Editorial Notes  References in Text The Bureau, referred to in heading for subsec. (c), probably means the Bureau of Reclamation. Statutory Notes and Related Subsidiaries Termination of Authorities For provisions directing that authorities established under this subchapter shall terminate ten years after Mar. 5, 1992 section 2214(c) of this title Desert Terminal Lakes Pub. L. 107206, title I,  103 Aug. 2, 2002 116 Stat. 823 Aug. 2, 2002 section 2507(a) of Pub. L. 107171 section 3839bb6 of Title 16 Pub. L. 107171, title II,  2507 May 13, 2002 116 Stat. 275 Pub. L. 110234, title II,  2807 May 22, 2008 122 Stat. 1090 Pub. L. 110246,  4(a) June 18, 2008 122 Stat. 1664 Pub. L. 11185, title II,  207 Oct. 28, 2009 123 Stat. 2858 Pub. L. 11274, div. B, title II,  208(a) Dec. 23, 2011 125 Stat. 866 Pub. L. 11379, title II,  2507 Feb. 7, 2014 128 Stat. 753 section 3839bb6 of Title 16  2212. Availability of water on temporary basis (a) General authority In order to mitigate losses and damages resulting from drought conditions, the Secretary may make available, by temporary contract, project and nonproject water, and may permit the use of facilities at Federal Reclamation projects for the storage or conveyance of project or nonproject water, for use both within and outside an authorized project service area. (b) Special provisions applicable to temporary water supplies provided under this section (1) Temporary supplies Each temporary contract for the supply of water entered into pursuant to this section shall terminate no later than two years from the date of execution or upon a determination by the Secretary that water supply conditions no longer warrant that such contracts remain in effect, whichever occurs first. The costs associated with any such contract shall be repaid within the term of the contract. (2) Ownership and acreage limitations Lands not subject to Reclamation law that receive temporary irrigation water supplies under temporary contracts under this section shall not become subject to the ownership and acreage limitations or pricing provisions of Federal Reclamation law because of the delivery of such temporary water supplies. Lands that are subject to the ownership and acreage limitations of Federal Reclamation law shall not be exempted from those limitations because of the delivery of such temporary water supplies. (3) Treatment under Reclamation Reform Act of 1982 No temporary contract entered into by the Secretary under this section shall be treated as a contract as that term is used in sections 203(a) and 220 of the Reclamation Reform Act of 1982 ( Public Law 97293 43 U.S.C. 390cc(a) (4) Amendments of existing contracts Any amendment to an existing contract to allow a contractor to carry out the provisions of this subchapter shall not be considered a new and supplemental benefit for purposes of the Reclamation Reform Act of 1982 ( Public Law 97293 43 U.S.C. 390aa (c) Contract price The price for project water, other than water purchased pursuant to section 2211(c) of this title Public Law 97293 96 Stat. 1263 43 U.S.C. 390bb 43 U.S.C. 390bb(3) (1) the interest rate used for computing interest during construction and interest on the unpaid balance of the capital costs expended pursuant to this chapter shall be at a rate to be determined by the Secretary of the Treasury based on average market yields on outstanding marketable obligations of the United States with remaining periods to maturity of one year occurring during the last month of the fiscal year preceding the date of execution of the temporary contract; or (2) in the case of existing facilities the rate as authorized for that Federal Reclamation project; or (3) in the absence of such authorized rate, the interest rate as determined by the Secretary of the Treasury as of the beginning of the fiscal year in which construction was initiated on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which were neither due nor callable for redemption for fifteen years from date of issue: Provided (d) Fish and wildlife The Secretary may make water from Federal Reclamation projects and nonproject water available on a nonreimbursable basis for the purposes of protecting or restoring fish and wildlife resources, including mitigation losses, that occur as a result of drought conditions or the operation of a Federal Reclamation project during drought conditions. The Secretary may store and convey project and nonproject water for fish and wildlife purposes, and may provide conveyance of any such water for both State and Federal wildlife habitat and for habitat held in private ownership. The Secretary may make available water for these purposes outside the authorized project service area. Use of the Federal storage and conveyance facilities for these purposes shall be on a nonreimbursable basis. Water made available by the Secretary in 1991 from the Central Valley Project, California, to the Grasslands Water District for the purpose of fish and wildlife shall be nonreimbursable. (e) Nonproject water The Secretary is authorized to store and convey nonproject water utilizing Federal Reclamation project facilities for use outside and inside the authorized project service area for municipal and industrial uses, fish and wildlife, and agricultural uses. Except in the case of water supplied for fish and wildlife, which shall be nonreimbursable, the Secretary shall charge the recipients of such water for such use of Federal Reclamation project facilities at a rate established pursuant to subsection (c). (f) Reclamation Fund The payment of capital costs attributable to the sale of project or nonproject water or the use of Federal Reclamation project facilities shall be covered into the Reclamation Fund and be placed to the credit of the project from which such water or use of such facilities is supplied. ( Pub. L. 102250, title I,  102 Mar. 5, 1992 106 Stat. 54  Editorial Notes  References in Text The Reclamation Reform Act of 1982, referred to in subsec. (b)(4), is title II of Pub. L. 97293 Oct. 12, 1982 96 Stat. 1263 section 383 of Title 25 Statutory Notes and Related Subsidiaries Termination of Authorities For provisions directing that authorities established under this subchapter shall terminate ten years after Mar. 5, 1992 section 2214(c) of this title  2213. Loans  The Secretary of the Interior is authorized to make loans to water users for the purposes of undertaking construction, management, conservation activities, or the acquisition and transportation of water consistent with State law, that can be expected to have an effect in mitigating losses and damages, including those suffered by fish and wildlife, resulting from drought conditions. Such loans shall be made available under such terms and conditions as the Secretary deems appropriate: Provided Provided further Public Law 99546 ( Pub. L. 102250, title I,  103 Mar. 5, 1992 106 Stat. 55 Pub. L. 103437,  16(a)(6) Nov. 2, 1994 108 Stat. 4594  Editorial Notes  References in Text Sections 105 and 106 of Public Law 99546 Pub. L. 99546, title I Oct. 27, 1986 100 Stat. 3051 Amendments 1994 Pub. L. 103437 Statutory Notes and Related Subsidiaries Termination of Authorities For provisions directing that authorities established under this subchapter shall terminate ten years after Mar. 5, 1992 section 2214(c) of this title  2214. Applicable period of drought program (a) In general The programs and authorities established under this subchapter shall become operative in any Reclamation State and in the State of Hawaii only after the Governor or Governors of the affected State or States, or on a reservation, when the governing body of the affected tribe has made a request for temporary drought assistance and the Secretary has determined that such temporary assistance is merited, or upon the approval of a drought contingency plan as provided in subchapter II of this chapter. (b) Coordination with BPA If a Governor referred to in subsection (a) is the Governor of the State of Washington, Oregon, Idaho, or Montana, the Governor shall coordinate with the Administrator of the Bonneville Power Administration before making a request under subsection (a). (c) Termination of authority The authorities established under this subchapter shall terminate on September 30, 2022 1 1 ( Pub. L. 102250, title I,  104 Mar. 5, 1992 106 Stat. 56 Pub. L. 106566, title II,  201(a) Dec. 23, 2000 114 Stat. 2820 Pub. L. 109234, title II,  2306(a) June 15, 2006 120 Stat. 456 Pub. L. 111212, title I,  404(a) July 29, 2010 124 Stat. 2313 Pub. L. 11376, div. D, title II,  206 Jan. 17, 2014 128 Stat. 164 Pub. L. 115141, div. D, title II,  203(a) Mar. 23, 2018 132 Stat. 519 Pub. L. 116260, div. D, title II,  207(a) Dec. 27, 2020 134 Stat. 1363 Pub. L. 117103, div. D, title II,  206(a) Mar. 15, 2022 136 Stat. 221  Editorial Notes Amendments 2022Subsec. (c). Pub. L. 117103 2020Subsec. (c). Pub. L. 116260 2018Subsec. (c). Pub. L. 115141 2014Subsec. (c). Pub. L. 11376 2010Subsec. (c). Pub. L. 111212 September 30, 2012 September 30, 2010 2006Subsec. (c). Pub. L. 109234 September 30, 2010 September 30, 2005 2000Subsec. (a). Pub. L. 106566,  201(a)(1) Subsec. (c). Pub. L. 106566,  201(a)(2) September 30, 2005 March 5, 1992 Statutory Notes and Related Subsidiaries Extension of Termination of Authority Pub. L. 117328, div. D, title II,  206(a) Dec. 29, 2022 136 Stat. 4631 Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214(c)  2215. Assistance for drought-related planning in reclamation States (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 ( Pub. L. 102250, title I,  105 Pub. L. 106566, title II,  201(b) Dec. 23, 2000 114 Stat. 2820 SUBCHAPTER II DROUGHT CONTINGENCY PLANNING  2221. Identification of opportunities for water supply conservation, augmentation and use  The Secretary is authorized to conduct studies to identify opportunities to conserve, augment, and make more efficient use of water supplies available to Federal Reclamation projects and Indian water resource developments in order to be prepared for and better respond to drought conditions. The Secretary is authorized to provide technical assistance to States and to local and tribal government entities to assist in the development, construction, and operation of water desalinization projects, including technical assistance for purposes of assessing the technical and economic feasibility of such projects. ( Pub. L. 102250, title II,  201 Mar. 5, 1992 106 Stat. 56  2222. Drought contingency plans  The Secretary, acting pursuant to the Federal Reclamation laws, utilizing the resources of the Department of the Interior, and in consultation with other appropriate Federal and State officials, Indian tribes, public, private, and local entities, is authorized to prepare or participate in the preparation of cooperative drought contingency plans (hereinafter in this subchapter referred to as contingency plans) for the prevention or mitigation of adverse effects of drought conditions. ( Pub. L. 102250, title II,  202 Mar. 5, 1992 106 Stat. 56  2223. Plan elements (a) Plan provisions Elements of the contingency plans prepared pursuant to section 2222 of this title (1) Water banks. (2) Appropriate water conservation actions. (3) Water transfers to serve users inside or outside authorized Federal Reclamation project service areas in order to mitigate the effects of drought. (4) Use of Federal Reclamation project facilities to store and convey nonproject water for agricultural, municipal and industrial, fish and wildlife, or other uses both inside and outside an authorized Federal Reclamation project service area. (5) Use of water from dead or inactive reservoir storage or increased use of ground water resources for temporary water supplies. (6) Water supplies for fish and wildlife resources. (7) Minor structural actions. (b) Federal Reclamation projects Each contingency plan shall identify the following two types of plan elements related to Federal Reclamation projects: (1) Those plan elements which pertain exclusively to the responsibilities and obligations of the Secretary pursuant to Federal Reclamation law and the responsibilities and obligations of the Secretary for a specific Federal Reclamation project. (2) Those plan elements that pertain to projects, purposes, or activities not constructed, financed, or otherwise governed by the Federal Reclamation law. (c) Drought levels The Secretary is authorized to work with other Federal and State agencies to improve hydrologic data collection systems and water supply forecasting techniques to provide more accurate and timely warning of potential drought conditions and drought levels that would trigger the implementation of contingency plans. (d) Compliance with law The contingency plans and plan elements shall comply with all requirements of applicable Federal law, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 section 2265(a) of title 33 16 U.S.C. 661 (e) Review The contingency plans shall include provisions for periodic review to assure the adequacy of the contingency plan to respond to current conditions, and such plans may be modified accordingly. ( Pub. L. 102250, title II,  203 Mar. 5, 1992 106 Stat. 57  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (d), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Fish and Wildlife Coordination Act, referred to in subsec. (d), is act Mar. 10, 1934, ch. 55 48 Stat. 401 section 661(a) of Title 16 section 661 of Title 16  2224. Recommendations (a) Approval The Secretary shall submit each plan prepared pursuant to section 2222 of this title (b) Pacific Northwest region A contingency plan under subsection (a) for the State of Washington, Oregon, Idaho, or Montana, may be approved by the Secretary only at the request of the Governor of the affected State in coordination with the other States in the region and the Administrator of the Bonneville Power Administration. ( Pub. L. 102250, title II,  204 Mar. 5, 1992 106 Stat. 57  2225. Reclamation Drought Response Fund  The Secretary shall undertake a study of the need, if any, to establish a Reclamation Drought Response Fund to be available for defraying those expenses which the Secretary determines necessary to implement plans prepared under section 2222 of this title ( Pub. L. 102250, title II,  205 Mar. 5, 1992 106 Stat. 58  2226. Technical assistance and transfer of precipitation management technology (a) Technical assistance The Secretary is authorized to provide technical assistance for drought contingency planning in any of the States not identified in section 391 of this title (b) Technology Transfer Program The Secretary is authorized to conduct a Precipitation Management Technology Transfer Program to help alleviate problems caused by precipitation variability and droughts in the West, as part of a balanced long-term water resources development and management program. In consultation with State, tribal, and local water, hydropower, water quality and instream flow interests, areas shall be selected for conducting field studies cost-shared on a 5050 basis to validate and quantify the potential for appropriate precipitation management technology to augment stream flows. Validated technologies shall be transferred to non-Federal interests for operational implementation. ( Pub. L. 102250, title II,  206 Mar. 5, 1992 106 Stat. 58  Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48 SUBCHAPTER III GENERAL AND MISCELLANEOUS PROVISIONS  2241. Authorization of appropriations  Except as otherwise provided in section 2243 of this title 1 1 ( Pub. L. 102250, title III,  301 Mar. 5, 1992 106 Stat. 58 Pub. L. 104206, title II Sept. 30, 1996 110 Stat. 2992 Pub. L. 10660, title II Sept. 29, 1999 113 Stat. 488 Pub. L. 106377,  1(a)(2) [title II] Oct. 27, 2000 114 Stat. 1441 Pub. L. 10766, title II Nov. 12, 2001 115 Stat. 498 Pub. L. 1087, div. D, title II Feb. 20, 2003 117 Stat. 144 Pub. L. 108137, title II Dec. 1, 2003 117 Stat. 1847 Pub. L. 109234, title II,  2306(b) June 15, 2006 120 Stat. 457 Pub. L. 111212, title I,  404(b) July 29, 2010 124 Stat. 2314 Pub. L. 113235, div. D, title II,  204 Dec. 16, 2014 128 Stat. 2311 Pub. L. 115141, div. D, title II,  203(b) Mar. 23, 2018 132 Stat. 519 Pub. L. 116260, div. D, title II,  207(b) Dec. 27, 2020 134 Stat. 1363 Pub. L. 117103, div. D, title II,  206(b) Mar. 15, 2022 136 Stat. 221  Editorial Notes Amendments 2022 Pub. L. 117103 2020 Pub. L. 116260 2018 Pub. L. 115141 2014 Pub. L. 113235 2010 Pub. L. 111212 2006 Pub. L. 109234 2003 Pub. L. 108137 Pub. L. 1087 2001 Pub. L. 10766 2000 Pub. L. 106377 1999 Pub. L. 10660 1996 Pub. L. 104206 Statutory Notes and Related Subsidiaries Extension of Authorization of Appropriations Pub. L. 117328, div. D, title II,  206(b) Dec. 29, 2022 136 Stat. 4631 Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241  2242. Authority of Secretary  The Secretary is authorized to perform any and all acts and to promulgate such regulations as may be necessary and appropriate for the purpose of implementing this chapter. In carrying out the authorities under this chapter, the Secretary shall give specific consideration to the needs of fish and wildlife, together with other project purposes, and shall consider temporary operational changes which will mitigate, or can be expected to have an effect in mitigating, fish and wildlife losses and damages resulting from drought conditions, consistent with the Secretarys other obligations. ( Pub. L. 102250, title III,  302 Mar. 5, 1992 106 Stat. 58  2243. Temperature control at Shasta Dam, Central Valley Project  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. 102250, title III,  303 Mar. 5, 1992 106 Stat. 58  2244. Effect of chapter on other laws (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. 102250, title III,  304 Mar. 5, 1992 106 Stat. 59  2245. Excess storage and carrying capacity  The Secretary is authorized to enter into contracts with municipalities, public water districts and agencies, other Federal agencies, State agencies, and private entities, pursuant to the Act of February 21, 1911 43 U.S.C. 523 ( Pub. L. 102250, title III,  305 Mar. 5, 1992 106 Stat. 59  Editorial Notes  References in Text Act of February 21, 1911 act Feb. 21, 1911, ch. 141 36 Stat. 925 section 523 of this title  2246. Report  There shall be included as part of the Presidents annual budget submittal to the Congress a detailed report on past and proposed expenditures and accomplishments under this chapter. ( Pub. L. 102250, title III,  306 Mar. 5, 1992 106 Stat. 59  2247. Federal Reclamation laws  This chapter shall constitute a supplement to the Federal Reclamation laws. ( Pub. L. 102250, title III,  307 Mar. 5, 1992 106 Stat. 59 CHAPTER 41 FEDERAL LAND TRANSACTION FACILITATION    Sec.  2301. Findings.  2302. Definitions.  2303. Identification of inholdings.  2304. Disposal of public land.  2305. Federal Land Disposal Account.  2306. Special provisions.  2301. Findings Congress finds that (1) the Bureau of Land Management has authority under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 (2) the Bureau of Land Management has authority under that Act to exchange Federal land for non-Federal land if the exchange would be in the public interest; (3) through land use planning under that Act, the Bureau of Land Management has identified certain tracts of public land for disposal; (4) the Federal land management agencies of the Departments of the Interior and Agriculture have authority under existing law to acquire land consistent with the mission of each agency; (5) the sale or exchange of land identified for disposal and the acquisition of certain non-Federal land from willing landowners would (A) allow for the reconfiguration of land ownership patterns to better facilitate resource management; (B) contribute to administrative efficiency within Federal land management units; and (C) allow for increased effectiveness of the allocation of fiscal and human resources within the Federal land management agencies; (6) a more expeditious process for disposal and acquisition of land, established to facilitate a more effective configuration of land ownership patterns, would benefit the public interest; (7) many private individuals own land within the boundaries of Federal land management units and desire to sell the land to the Federal Government; (8) such land lies within national parks, national monuments, national wildlife refuges, national forests, and other areas designated for special management; (9) Federal land management agencies are facing increased workloads from rapidly growing public demand for the use of public land, making it difficult for Federal managers to address problems created by the existence of inholdings in many areas; (10) in many cases, inholders and the Federal Government would mutually benefit from Federal acquisition of the land on a priority basis; (11) proceeds generated from the disposal of public land may be properly dedicated to the acquisition of inholdings and other land that will improve the resource management ability of the Federal land management agencies and adjoining landowners; (12) using proceeds generated from the disposal of public land to purchase inholdings and other such land from willing sellers would enhance the ability of the Federal land management agencies to (A) work cooperatively with private landowners and State and local governments; and (B) promote consolidation of the ownership of public and private land in a manner that would allow for better overall resource management; (13) in certain locations, the sale of public land that has been identified for disposal is the best way for the public to receive fair market value for the land; and (14) to allow for the least disruption of existing land and resource management programs, the Bureau of Land Management may use non-Federal entities to prepare appraisal documents for agency review and approval consistent with applicable provisions of the Uniform Standards for Federal Land Acquisition. ( Pub. L. 106248, title II,  202 July 25, 2000 114 Stat. 613  Editorial Notes  References in Text The Federal Land Policy and Management Act of 1976, referred to in pars. (1) to (3), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 1701 of this title Statutory Notes and Related Subsidiaries Short Title of 2018 Amendment Pub. L. 115141, div. O, title III,  301 Mar. 23, 2018 132 Stat. 1074 This title [amending sections 2302 and 2304 to 2306 of this title] may be cited as the Federal Land Transaction Facilitation Act Reauthorization of 2018. Short Title Pub. L. 106248, title II,  201 July 25, 2000 114 Stat. 613 This title [enacting this chapter] may be cited as the Federal Land Transaction Facilitation Act.  2302. Definitions In this chapter: (1) Exceptional resource The term exceptional resource means a resource of scientific, natural, historic, cultural, recreational access and use, or other recreational value that has been documented by a Federal, State, or local governmental authority, and for which there is a compelling need for conservation and protection under the jurisdiction of a Federal agency in order to maintain the resource for the benefit of the public. (2) Federally designated area The term federally designated area means land in Alaska and the eleven contiguous Western States (as defined in section 1702( o (A) a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national recreation area, national scenic area, research natural area, national outstanding natural area, priority species and habitats designated in a land use plan in accordance with subpart E (entitled Fish and Wildlife) of part I of Appendix C of Bureau of Land Management Land Use Planning Handbook H-1601-1 (Rel 1-1693), a special recreation management area, or a national natural landmark managed by the Bureau of Land Management; (B) a unit of the National Park System; (C) a unit of the National Wildlife Refuge System; (D) a National Forest or National Grassland in the National Forest System; or (E) an area within which the Secretary or the Secretary of Agriculture is otherwise authorized by law to acquire lands or interests therein that is designated as (i) wilderness under the Wilderness Act ( 16 U.S.C. 1131 (ii) a wilderness study area; (iii) a component of the Wild and Scenic Rivers System under the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 (iv) a component of the National Trails System under the National Trails System Act ( 16 U.S.C. 1241 (3) Inaccessible lands that are open to public hunting, fishing, recreational shooting, or other recreational purposes The term inaccessible lands that are open to public hunting, fishing, recreational shooting, or other recreational purposes means public lands in Alaska and the eleven contiguous Western States (as defined in section 1702 of this title (A) to which there is no public access or egress; or (B) to which public access or egress to the land is significantly restricted, as determined by the Secretary. (4) Inholding The term inholding means any right, title, or interest, held by a non-Federal entity, in or to a tract of land that lies within the boundary of a federally designated area. (5) Public land The term public land means public lands (as defined in section 1702 of this title (6) Secretary The term Secretary means the Secretary of the Interior. ( Pub. L. 106248, title II,  203 July 25, 2000 114 Stat. 614 Pub. L. 115141, div. O, title III,  302(1) Mar. 23, 2018 132 Stat. 1074  Editorial Notes  References in Text The Wilderness Act, referred to in par. (2)(E)(i), is Pub. L. 88577 Sept. 3, 1964 78 Stat. 890 section 1131 of Title 16 The Wild and Scenic Rivers Act, referred to in par. (2)(E)(iii), is Pub. L. 90542 Oct. 2, 1968 82 Stat. 906 section 1271 of Title 16 The National Trails System Act, referred to in par. (2)(E)(iv), is Pub. L. 90543 Oct. 2, 1968 82 Stat. 919 section 1241 of Title 16 Amendments 2018Par. (1). Pub. L. 115141,  302(1) Par. (2). Pub. L. 115141,  302(2)(A) July 25, 2000 Par. (2)(A). Pub. L. 115141,  302(2)(B) Par. (2)(D). Pub. L. 115141,  302(2)(C) Pars. (3) to (6). Pub. L. 115141,  302(3)  2303. Identification of inholdings (a) In general The Secretary and the Secretary of Agriculture shall establish a procedure to (1) identify, by State, inholdings for which the landowner has indicated a desire to sell the land or interest therein to the United States; and (2) prioritize the acquisition of inholdings in accordance with section 2305(c)(3) of this title (b) Public notice As soon as practicable after July 25, 2000 section 2305 of this title (c) Identification An inholding (1) shall be considered for identification under this section only if the Secretary or the Secretary of Agriculture receive notification of a desire to sell from the landowner in response to public notice given under subsection (b); and (2) shall be deemed to have been established as of the later of (A) the earlier of (i) the date on which the land was withdrawn from the public domain; or (ii) the date on which the land was established or designated for special management; or (B) the date on which the inholding was acquired by the current owner. (d) No obligation to convey or acquire The identification of an inholding under this section creates no obligation on the part of a landowner to convey the inholding or any obligation on the part of the United States to acquire the inholding. ( Pub. L. 106248, title II,  204 July 25, 2000 114 Stat. 615  2304. Disposal of public land (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 (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 (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. 106248, title II,  205 July 25, 2000 114 Stat. 615 Pub. L. 111212, title III,  3007(a) July 29, 2010 124 Stat. 2339 Pub. L. 115141, div. O, title III,  302(4) Mar. 23, 2018 132 Stat. 1075  Editorial Notes Amendments 2018Subsec. (a). Pub. L. 115141,  302(4)(A) section 2305 of this title section 2305 of this title July 25, 2000 section 1712 of this title Subsec. (d). Pub. L. 115141,  302(4)(B) July 25, 2000 2010Subsec. (d). Pub. L. 111212  2305. Federal Land Disposal Account (a) Deposit of proceeds Notwithstanding any other law (except a law that specifically provides for a proportion of the proceeds to be distributed to any trust funds of any States), the gross proceeds of the sale or exchange of public land under this chapter 1 1 (b) Availability Amounts in the Federal Land Disposal Account shall be available to the Secretary and the Secretary of Agriculture, without further Act of appropriation, to carry out this chapter. (c) Use of the Federal Land Disposal Account (1) In general Funds in the Federal Land Disposal Account shall be expended in accordance with this subsection. (2) Fund allocation (A)  Purchase of land Except as authorized under subparagraph (C), funds shall be used to purchase lands or interests therein that are otherwise authorized by law to be acquired, and that are (i) inholdings; (ii) adjacent to federally designated areas and contain exceptional resources; or (iii) adjacent to inaccessible lands open to public hunting, fishing, recreational shooting, or other recreational purposes. (B)  Inholdings Not less than 80 percent of the funds allocated for the purchase of land within each State shall be used to acquire inholdings identified under section 2303 of this title (C)  Administrative and other expenses An amount not to exceed 20 percent of the funds deposited in the Federal Land Disposal Account may be used by the Secretary for administrative and other expenses necessary to carry out the land disposal program under section 2304 of this title (D)  Same state purchases Of the amounts not used under subparagraph (C), not less than 80 percent shall be expended within the State in which the funds were generated. Any remaining funds may be expended in any other State. (E) Any funds made available under subparagraph (D) that are not obligated or expended by the end of the fourth full fiscal year after the date of the sale or exchange of land that generated the funds may be expended in any State. (3) Priority The Secretary and the Secretary of Agriculture shall develop a procedure for prioritizing the acquisition of inholdings and non-Federal lands with exceptional resources as provided in paragraph (2). Such procedure shall consider (A) the date the inholding was established (as provided in section 2303(c) of this title (B) the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities; (C) the extent to which acquisition of the land or interest therein will facilitate management efficiency; and (D) such other criteria as the Secretary and the Secretary of Agriculture deem appropriate. (4) Basis of sale Any land acquired under this section shall be (A) from a willing seller; (B) contingent on the conveyance of title acceptable to the Secretary, or the Secretary of Agriculture in the case of an acquisition of National Forest System land, using title standards of the Attorney General; (C) at a price not to exceed fair market value consistent with applicable provisions of the Uniform Appraisal Standards for Federal Land Acquisitions; and (D) managed as part of the unit within which it is contained. (d) Contaminated sites and sites difficult and uneconomic to manage Funds in the Federal Land Disposal Account shall not be used to purchase land or an interest in land that, as determined by the Secretary or the Secretary of Agriculture (1) contains a hazardous substance or is otherwise contaminated; or (2) because of the location or other characteristics of the land, would be difficult or uneconomic to manage as Federal land. (e) Chapter 2003 of title 54 Funds made available under this section shall be supplemental to any funds appropriated under chapter 2003 of title 54. ( Pub. L. 106248, title II,  206 July 25, 2000 114 Stat. 616 Pub. L. 113287,  5 l Dec. 19, 2014 128 Stat. 3271 Pub. L. 115141, div. O, title III,  302(5) Mar. 23, 2018 132 Stat. 1075  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original this Act and was translated as reading this title, meaning title II of Pub. L. 106248 Amendments 2018Subsec. (c)(2)(A)(i). Pub. L. 115141,  302(5)(A) Subsec. (c)(2)(A)(ii). Pub. L. 115141,  302(5)(B) Subsec. (c)(2)(A)(iii). Pub. L. 115141,  302(5)(C) Subsec. (c)(2)(E). Pub. L. 115141,  302(5)(D) Subsec. (c)(3)(B) to (D). Pub. L. 115141,  302(6) Subsec. (f). Pub. L. 115141,  302(7) section 2304 of this title (1) the Federal Land Disposal Account shall be terminated; and (2) any remaining balance in the account shall become available for appropriation under section 200303 of title 54 2014Subsec. (e). Pub. L. 113287,  5 l 16 U.S.C. 460l4 Subsec. (f)(2). Pub. L. 113287,  5 l section 200303 of title 54 16 U.S.C. 460 l 16 U.S.C. 460 l  2306. Special provisions (a) In general Nothing in this chapter provides an exemption from any limitation on the acquisition of land or interest in land under any Federal law in effect on July 25, 2000 (b) Other law This chapter shall not apply to land eligible for sale under (1)  Public Law 96586 94 Stat. 3381 (2) the Southern Nevada Public Land Management Act of 1998 ( Public Law 105263 112 Stat. 2343 (3) the White Pine County Conservation, Recreation, and Development Act of 2006 ( Public Law 109432 120 Stat. 3028 (4) the Lincoln County Conservation, Recreation, and Development Act of 2004 ( Public Law 108424 118 Stat. 2403 (5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 1132 Public Law 11111 (6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 460www Public Law 11111 (7) section 2601 of the Omnibus Public Land Management Act of 2009 ( Public Law 11111 123 Stat. 1108 (8) section 2606 of the Omnibus Public Land Management Act of 2009 ( Public Law 11111 123 Stat. 1121 (c) Exchanges Nothing in this chapter precludes, preempts, or limits the authority to exchange land under authorities providing for the exchange of Federal lands, including but not limited to (1) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 (2) the Federal Land Exchange Facilitation Act of 1988 ( 102 Stat. 1086 (d) No new right or benefit Nothing in this chapter 1 1 ( Pub. L. 106248, title II,  207 July 25, 2000 114 Stat. 617 Pub. L. 115141, div. O, title III,  302(8) Mar. 23, 2018 132 Stat. 1076  Editorial Notes  References in Text Public Law 96586 Pub. L. 96586 Dec. 23, 1980 94 Stat. 3381 The Southern Nevada Public Land Management Act of 1998, referred to in subsec. (b)(2), is Pub. L. 105263 Oct. 19, 1998 112 Stat. 2343 section 460ccc1 of Title 16 section 6901 of Title 31 section 6901 of Title 31 section 6901 of Title 31 The White Pine County Conservation, Recreation, and Development Act of 2006, referred to in subsec. (b)(3), is title III of div. C of Pub. L. 109432 Dec. 20, 2006 120 Stat. 3028 section 1132 of Title 16 section 1241 of Title 16 The Lincoln County Conservation, Recreation, and Development Act of 2004, referred to in subsec. (b)(4), is Pub. L. 108424 Nov. 30, 2004 118 Stat. 2403 section 1132 of Title 16 section 668dd of Title 16 section 1241 of Title 16 The Omnibus Public Land Management Act of 2009, referred to in subsec. (b)(5) to (8), is Pub. L. 11111 Mar. 30, 2009 123 Stat. 991 section 1132 of Title 16 section 1274 of Title 16 section 346a6 of Title 16 section 1132 of Title 16 The Federal Land Policy and Management Act of 1976, referred to in subsec. (c)(1), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 1701 of this title The Federal Land Exchange Facilitation Act of 1988, referred to in subsec. (c)(2), is Pub. L. 100409 Aug. 20, 1988 102 Stat. 1086 section 1723 of this title section 1716 of this title section 1701 of this title This chapter, referred to in subsec. (d), was in the original this Act and was translated as reading this title, meaning title II of Pub. L. 106248 Amendments 2018Subsec. (b)(1). Pub. L. 115141,  302(8)(A) Subsec. (b)(2). Pub. L. 115141,  302(8)(B) Public Law 105263 Subsec. (b)(3) to (8). Pub. L. 115141,  302(8)(C) CHAPTER 42 RURAL WATER SUPPLY    SUBCHAPTER IRECLAMATION RURAL WATER SUPPLY  Sec.  2401. Definitions.  2402. Rural water supply program.  2403. Rural water programs assessment.  2404. Appraisal investigations.  2405. Feasibility studies.  2406. Miscellaneous.  2407. Reports.  2408. Authorization of appropriations.  2409. Termination of authority.  SUBCHAPTER IITWENTY-FIRST CENTURY WATER WORKS  2421. Definitions.  2422. Project eligibility.  2423. Loan guarantees.  2424. Defaults.  2425. Operations, maintenance, and replacement costs.  2426. Title to newly constructed facilities.  2427. Water rights.  2428. Interagency coordination and cooperation.  2429. Records; audits.  2430. Full faith and credit.  2431. Report.  2432. Effect on the reclamation laws.  2433. Authorization of appropriations.  2434. Termination of authority. SUBCHAPTER I RECLAMATION RURAL WATER SUPPLY  2401. Definitions In this subchapter: (1) Construction The term construction means the installation of infrastructure and the upgrading of existing facilities in locations in which the infrastructure or facilities are associated with the new infrastructure of a rural water project recommended by the Secretary pursuant to this subchapter. (2) Federal reclamation law The term Federal reclamation law means the Act of June 17, 1902 32 Stat. 388 43 U.S.C. 371 (3) Indian The term Indian means an individual who is a member of an Indian tribe. (4) Indian tribe The term Indian tribe has the meaning given the term in section 5304 of title 25 (5) Non-Federal project entity The term non-Federal project entity means a State, regional, or local authority, Indian tribe or tribal organization, or other qualifying entity, such as a water conservation district, water conservancy district, or rural water district or association. (6) Operations, maintenance, and replacement costs (A) In general The term operations, maintenance, and replacement costs means all costs for the operation of a rural water supply project that are necessary for the safe, efficient, and continued functioning of the project to produce the benefits described in a feasibility study. (B) Inclusions The term operations, maintenance, and replacement costs includes (i) repairs of a routine nature that maintain a rural water supply project in a well kept condition; (ii) replacement of worn-out project elements; and (iii) rehabilitation activities necessary to bring a deteriorated project back to the original condition of the project. (C) Exclusion The term operations, maintenance, and replacement costs does not include construction costs. (7) Program The term Program means the rural water supply program carried out under section 2402 of this title (8) Reclamation States The term Reclamation States means the States and areas referred to in the first section of the Act of June 17, 1902 43 U.S.C. 391 (9) Rural water supply project (A) In general The term rural water supply project means a project that is designed to serve a community or group of communities, each of which has a population of not more than 50,000 inhabitants, which may include Indian tribes and tribal organizations, dispersed homesites, or rural areas with domestic, industrial, municipal, and residential water. (B) Inclusion The term rural water supply project includes (i) incidental noncommercial livestock watering and noncommercial irrigation of vegetation and small gardens of less than 1 acre; and (ii) a project to improve rural water infrastructure, including (I) pumps, pipes, wells, and other diversions; (II) storage tanks and small impoundments; (III) water treatment facilities for potable water supplies, including desalination facilities; (IV) equipment and management tools for water conservation, groundwater recovery, and water recycling; and (V) appurtenances. (C) Exclusion The term rural water supply project does not include (i) commercial irrigation; or (ii) major impoundment structures. (10) Secretary The term Secretary means the Secretary of the Interior. (11) Tribal organization The term tribal organization means (A) the recognized governing body of an Indian tribe; and (B) any legally established organization of Indians that is controlled, sanctioned, or chartered by the governing body or democratically elected by the adult members of the Indian community to be served by the organization. ( Pub. L. 109451, title I,  102 Dec. 22, 2006 120 Stat. 3346  Editorial Notes  References in Text Act of June 17, 1902 32 Stat. 388 section 371 of this title Statutory Notes and Related Subsidiaries Short Title Pub. L. 109451,  1(a) Dec. 22, 2006 120 Stat. 3345 This Act [enacting this chapter] may be cited as the Rural Water Supply Act of 2006. Pub. L. 109451, title I,  101 Dec. 22, 2006 120 Stat. 3346 This title [enacting this subchapter] may be cited as the Reclamation Rural Water Supply Act of 2006. Pub. L. 109451, title II,  201 Dec. 22, 2006 120 Stat. 3356 This title [enacting subchapter II of this chapter] may be cited as the Twenty-First Century Water Works Act.  2402. Rural water supply program (a) In general The Secretary, in cooperation with non-Federal project entities and consistent with this subchapter, may carry out a rural water supply program in Reclamation States to (1) investigate and identify opportunities to ensure safe and adequate rural water supply projects for domestic, municipal, and industrial use in small communities and rural areas of the Reclamation States; (2) plan the design and construction, through the conduct of appraisal investigations and feasibility studies, of rural water supply projects in Reclamation States; and (3) oversee, as appropriate, the construction of rural water supply projects in Reclamation States that are recommended by the Secretary in a feasibility report developed pursuant to section 2405 of this title (b) Non-Federal project entity Any activity carried out under this subchapter shall be carried out in cooperation with a qualifying non-Federal project entity, consistent with this subchapter. (c) Eligibility criteria Not later than 1 year after December 22, 2006 (1) determining the eligibility of a rural community for assistance under the Program; and (2) prioritizing requests for assistance under the Program. (d) Factors The criteria developed under subsection (c) shall take into account such factors as whether (1) a rural water supply project (A) serves (i) rural areas and small communities; or (ii) Indian tribes; or (B) promotes and applies a regional or watershed perspective to water resources management; (2) there is an urgent and compelling need for a rural water supply project that would (A) improve the health or aesthetic quality of water; (B) result in continuous, measurable, and significant water quality benefits; or (C) address current or future water supply needs; (3) a rural water supply project helps meet applicable requirements established by law; and (4) a rural water supply project is cost effective. (e) Inclusions The Secretary may include (1) to the extent that connection provides a reliable water supply, a connection to pre-existing infrastructure (including impoundments and conveyance channels) as part of a rural water supply project; and (2) notwithstanding the limitation on population under section 2401(9)(A) of this title ( Pub. L. 109451, title I,  103 Dec. 22, 2006 120 Stat. 3347  2403. Rural water programs assessment (a) In general In consultation with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, the Director of the Indian Health Service, the Secretary of Housing and Urban Development, and the Secretary of the Army, the Secretary shall develop an assessment of (1) the status of all rural water supply projects under the jurisdiction of the Secretary authorized but not completed prior to December 22, 2006 (2) the current plan (including projected financial and workforce requirements) for the completion of the projects identified in paragraph (1) within the time frames established under the provisions of law authorizing the projects or the final engineering reports for the projects; (3) the demand for new rural water supply projects; (4) rural water programs within other agencies and a description of the extent to which those programs provide support for rural water supply projects and water treatment programs in Reclamation States, including an assessment of the requirements, funding levels, and conditions of eligibility for the programs assessed; (5) the extent of the demand that the Secretary can meet with the Program; (6) how the Program will complement authorities already within the jurisdiction of the Secretary and the heads of the agencies with whom the Secretary consults; and (7) improvements that can be made to coordinate and integrate the authorities of the agencies with programs evaluated under paragraph (4), including any recommendations to consolidate some or all of the activities of the agencies with respect to rural water supply. (b) Consultation with States Before finalizing the assessment developed under subsection (a), the Secretary shall solicit comments from States with identified rural water needs. (c) Report Not later than 2 years after December 22, 2006 ( Pub. L. 109451, title I,  104 Dec. 22, 2006 120 Stat. 3348  2404. Appraisal investigations (a) In general On request of a non-Federal project entity with respect to a proposed rural water supply project that meets the eligibility criteria published under section 2402(c) of this title (1) receive and review an appraisal investigation that is (A) developed by the non-Federal project entity, with or without support from the Secretary; and (B) submitted to the Secretary by the non-Federal project entity; (2) conduct an appraisal investigation; or (3) provide a grant to, or enter into a cooperative agreement with, the non-Federal project entity to conduct an appraisal investigation, if the Secretary determines that (A) the non-Federal project entity is qualified to complete the appraisal investigation in accordance with the criteria published under section 2402(c) of this title (B) using the non-Federal project entity to conduct the appraisal investigation is a cost-effective alternative for completing the appraisal investigation. (b) Deadline An appraisal investigation conducted under subsection (a) shall be scheduled for completion not later than 2 years after the date on which the appraisal investigation is initiated. (c) Appraisal report In accordance with subsection (f), after an appraisal investigation is submitted to the Secretary under subsection (a)(1) or completed under paragraph (2) or (3) of subsection (a), the Secretary shall prepare an appraisal report that (1) considers (A) whether the project meets (i) the appraisal criteria developed under subsection (d); and (ii) the eligibility criteria developed under section 2402(c) of this title (B) whether viable water supplies and water rights exist to supply the project, including all practicable water sources such as lower quality waters, nonpotable waters, and water reuse-based water supplies; (C) whether the project has a positive effect on public health and safety; (D) whether the project will meet water demand, including projected future needs; (E) the extent to which the project provides environmental benefits, including source water protection; (F) whether the project applies a regional or watershed perspective and promotes benefits in the region in which the project is carried out; (G) whether the project (i) (I) implements an integrated resources management approach; or (II) enhances water management flexibility, including providing for (aa) local control to manage water supplies under varying water supply conditions; and (bb) participation in water banking and markets for domestic and environmental purposes; and (ii) promotes long-term protection of water supplies; (H) preliminary cost estimates for the project; and (I) whether the non-Federal project entity has the capability to pay 100 percent of the costs associated with the operations, maintenance, and replacement of the facilities constructed or developed as part of the rural water supply project; and (2) provides recommendations on whether a feasibility study should be initiated under section 2405(a) of this title (d) Appraisal criteria (1) In general Not later than 1 year after December 22, 2006 (2) Inclusions To minimize the cost of a rural water supply project to a non-Federal project entity, the Secretary shall include in the criteria methods to scale the level of effort needed to complete the appraisal investigation relative to the total size and cost of the proposed rural water supply project. (e) Review of appraisal investigation (1) In general Not later than 90 days after the date of submission of an appraisal investigation under paragraph (1) or (3) of subsection (a), the Secretary shall provide to the non-Federal entity that conducted the investigation a determination of whether the investigation has included the information necessary to determine whether the proposed rural water supply project satisfies the criteria promulgated under subsection (d). (2) No satisfaction of criteria If the Secretary determines that the appraisal investigation submitted by a non-Federal entity does not satisfy the criteria promulgated under subsection (d), the Secretary shall inform the non-Federal entity of the reasons why the appraisal investigation is deficient. (3) Responsibility of Secretary If an appraisal investigation as first submitted by a non-Federal entity does not provide all necessary information, as defined by the Secretary, the Secretary shall have no obligation to conduct further analysis until the non-Federal project entity submitting the appraisal study conducts additional investigation and resubmits the appraisal investigation under this subsection. (f) Appraisal report Once the Secretary has determined that an investigation provides the information necessary under subsection (e), the Secretary shall (1) complete the appraisal report required under subsection (c); (2) make available to the public, on request, the appraisal report prepared under this subchapter; and (3) promptly publish in the Federal Register a notice of the availability of the results. (g) Costs (1) Federal share The Federal share of an appraisal investigation conducted under subsection (a) shall be 100 percent of the total cost of the appraisal investigation, up to $200,000. (2) Non-Federal share (A) In general Except as provided in subparagraph (B), if the cost of conducting an appraisal investigation is more than $200,000, the non-Federal share of the costs in excess of $200,000 shall be 50 percent. (B) Exception The Secretary may reduce the non-Federal share required under subparagraph (A) if the Secretary determines that there is an overwhelming Federal interest in the appraisal investigation. (C) Form The non-Federal share under subparagraph (A) may be in the form of any in-kind services that the Secretary determines would contribute substantially toward the conduct and completion of the appraisal investigation. (h) Consultation; identification of funding sources In conducting an appraisal investigation under subsection (a)(2), the Secretary shall (1) consult and cooperate with the non-Federal project entity and appropriate State, tribal, regional, and local authorities; (2) consult with the heads of appropriate Federal agencies to (A) ensure that the proposed rural water supply project does not duplicate a project carried out under the authority of the agency head; and (B) if a duplicate project is being carried out, identify the authority under which the duplicate project is being carried out; and (3) identify what funding sources are available for the proposed rural water supply project. ( Pub. L. 109451, title I,  105 Dec. 22, 2006 120 Stat. 3349  2405. Feasibility studies (a) In general On completion of an appraisal report under section 2404(c) of this title (1) in cooperation with a non-Federal project entity, carry out a study to determine the feasibility of the proposed rural water supply project; (2) receive and review a feasibility study that is (A) developed by the non-Federal project entity, with or without support from the Secretary; and (B) submitted to the Secretary by the non-Federal project entity; or (3) (A) provide a grant to, or enter into a cooperative agreement with, a non-Federal project entity to conduct a feasibility study, for submission to the Secretary, if the Secretary determines that (i) the non-Federal entity is qualified to complete the feasibility study in accordance with the criteria promulgated under subsection (d); and (ii) using the non-Federal project entity to conduct the feasibility study is a cost-effective alternative for completing the appraisal investigation; or (B) if the Secretary determines not to provide a grant to, or enter into a cooperative agreement with, a non-Federal project entity under subparagraph (A), provide to the non-Federal project entity notice of the determination, including an explanation of the reason for the determination. (b) Review of non-Federal feasibility studies (1) In general In conducting a review of a feasibility study submitted under paragraph (2) or (3) of subsection (a), the Secretary shall (A) in accordance with the feasibility factors described in subsection (c) and the criteria promulgated under subsection (d), assess the completeness of the feasibility study; and (B) if the Secretary determines that a feasibility study is not complete, notify the non-Federal entity of the determination. (2) Revisions If the Secretary determines under paragraph (1)(B) that a feasibility study is not complete, the non-Federal entity shall pay any costs associated with revising the feasibility study. (c) Feasibility factors Feasibility studies authorized or reviewed under this subchapter shall include an assessment of (1) near- and long-term water demand in the area to be served by the rural water supply project; (2) advancement of public health and safety of any existing rural water supply project and other benefits of the proposed rural water supply project; (3) alternative new water supplies in the study area, including any opportunities to treat and use low-quality water, nonpotable water, water reuse-based supplies, and brackish and saline waters through innovative and economically viable treatment technologies; (4) environmental quality and source water protection issues related to the rural water supply project; (5) innovative opportunities for water conservation in the study area to reduce water use and water system costs, including (A) nonstructural approaches to reduce the need for the project; and (B) demonstration technologies; (6) the extent to which the project and alternatives take advantage of economic incentives and the use of market-based mechanisms; (7) (A) the construction costs and projected operations, maintenance, and replacement costs of all alternatives; and (B) the economic feasibility and lowest cost method of obtaining the desired results of each alternative, taking into account the Federal cost-share; (8) the availability of guaranteed loans for a proposed rural water supply project; (9) the financial capability of the non-Federal project entity to pay the non-Federal project entitys proportionate share of the design and construction costs and 100 percent of operations, maintenance, and replacement costs, including the allocation of costs to each non-Federal project entity in the case of multiple entities; (10) whether the non-Federal project entity has developed an operations, management, and replacement plan to assist the non-Federal project entity in establishing rates and fees for beneficiaries of the rural water supply project that includes a schedule identifying the annual operations, maintenance, and replacement costs that should be allocated to each non-Federal entity participating in the project; (11) (A) the non-Federal project entity administrative organization that would implement construction, operations, maintenance, and replacement activities; and (B) the fiscal, administrative, and operational controls to be implemented to manage the project; (12) the extent to which assistance for rural water supply is available under other Federal authorities; (13) the engineering, environmental, and economic activities to be undertaken to carry out the proposed rural water supply project; (14) the extent to which the project involves partnerships with other State, local, or tribal governments or Federal entities; and (15) in the case of a project intended for Indian tribes and tribal organizations, the extent to which the project addresses the goal of economic self-sufficiency. (d) Feasibility study criteria (1) In general Not later than 18 months after December 22, 2006 (2) Inclusions The Secretary shall include in the criteria promulgated under paragraph (1) methods to scale the level of effort needed to complete the feasibility assessment relative to the total size and cost of the proposed rural water supply project and reduce total costs to non-Federal entities. (e) Feasibility report (1)  1 1 After completion of appropriate feasibility studies for rural water supply projects that address the factors described in subsection (c) and the criteria promulgated under subsection (d), the Secretary shall (A) develop a feasibility report that includes (i) a recommendation of the Secretary on (I) whether the rural water supply project should be authorized for construction; and (II) the appropriate non-Federal share of construction costs, which shall be (aa) at least 25 percent of the total construction costs; and (bb) determined based on an analysis of the capability-to-pay information considered under subsections (c)(9) and (f); and (ii) if the Secretary recommends that the project should be authorized for construction (I) what amount of grants, loan guarantees, or combination of grants and loan guarantees should be used to provide the Federal cost share; (II) a schedule that identifies the annual operations, maintenance, and replacement costs that should be allocated to each non-Federal entity participating in the rural water supply project; and (III) an assessment of the financial capability of each non-Federal entity participating in the rural water supply project to pay the allocated annual operation, maintenance, and replacement costs for the rural water supply project; (B) submit the report to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives; (C) make the report publicly available, along with associated study documents; and (D) publish in the Federal Register a notice of the availability of the results. (f) Capability-to-pay (1) In general In evaluating a proposed rural water supply project under this section, the Secretary shall (A) consider the financial capability of any non-Federal project entities participating in the rural water supply project to pay 25 percent or more of the capital construction costs of the rural water supply project; and (B) recommend an appropriate Federal share and non-Federal share of the capital construction costs, as determined by the Secretary. (2) Factors In determining the financial capability of non-Federal project entities to pay for a rural water supply project under paragraph (1), the Secretary shall evaluate factors for the project area, relative to the State average, including (A) per capita income; (B) median household income; (C) the poverty rate; (D) the ability of the non-Federal project entity to raise tax revenues or assess fees; (E) the strength of the balance sheet of the non-Federal project entity; and (F) the existing cost of water in the region. (3) Indian tribes In determining the capability-to-pay of Indian tribe project beneficiaries, the Secretary may consider deferring the collection of all or part of the non-Federal construction costs apportioned to Indian tribe project beneficiaries unless or until the Secretary determines that the Indian tribe project beneficiaries should pay (A) the costs allocated to the beneficiaries; or (B) an appropriate portion of the costs. (g) Cost-sharing requirement (1) In general Except as otherwise provided in this subsection, the Federal share of the cost of a feasibility study carried out under this section shall not exceed 50 percent of the study costs. (2) Form The non-Federal share under paragraph (1) may be in the form of any in-kind services that the Secretary determines would contribute substantially toward the conduct and completion of the study. (3) Financial hardship The Secretary may increase the Federal share of the costs of a feasibility study if the Secretary determines, based on a demonstration of financial hardship, that the non-Federal participant is unable to contribute at least 50 percent of the costs of the study. (4) Larger communities In conducting a feasibility study of a rural water supply system that includes a community with a population in excess of 50,000 inhabitants, the Secretary may require the non-Federal project entity to pay more than 50 percent of the costs of the study. (h) Consultation and cooperation In addition to the non-Federal project entity, the Secretary shall consult and cooperate with appropriate Federal, State, tribal, regional, and local authorities during the conduct of each feasibility assessment and development of the feasibility report conducted under this subchapter. ( Pub. L. 109451, title I,  106 Dec. 22, 2006 120 Stat. 3351  2406. Miscellaneous (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 1 (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 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. 109451, title I,  107 Dec. 22, 2006 120 Stat. 3355  2407. Reports  Beginning in fiscal year 2007, and each fiscal year thereafter through fiscal year 2012, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives an annual report that describes the number and type of full-time equivalent positions in the Department of the Interior and the amount of overhead costs of the Department of the Interior that are allocated to carrying out this subchapter for the applicable fiscal year. ( Pub. L. 109451, title I,  108 Dec. 22, 2006 120 Stat. 3356  2408. Authorization of appropriations (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 (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. 109451, title I,  109 Dec. 22, 2006 120 Stat. 3356  2409. Termination of authority  The authority of the Secretary to carry out this subchapter terminates on September 30, 2016 ( Pub. L. 109451, title I,  110 Dec. 22, 2006 120 Stat. 3356 SUBCHAPTER II TWENTY-FIRST CENTURY WATER WORKS  2421. Definitions In this subchapter: (1) Indian tribe The term Indian tribe has the meaning given the term in section 5304 of title 25 (2) Lender The term lender means (A) a non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulation 1 1 15 U.S.C. 77a (B) a clean renewable energy bond lender (as defined in section 54(j)(2) 2 2 December 22, 2006 (3) Loan guarantee The term loan guarantee has the meaning given the term loan guarantee in section 661a of title 2 (4) Non-Federal borrower The term non-Federal borrower means (A) a State (including a department, agency, or political subdivision of a State); or (B) a conservancy district, irrigation district, canal company, water users association, Indian tribe, an agency created by interstate compact, or any other entity that has the capacity to contract with the United States under Federal reclamation law. (5) Obligation The term obligation means a loan or other debt obligation that is guaranteed under this section. (6) Project The term project means (A) a rural water supply project (as defined in section 2401(9) of this title (B) an extraordinary operation and maintenance activity for, or the rehabilitation or replacement of, a facility (i) that is authorized by Federal reclamation law and constructed by the United States under such law; or (ii) in connection with which there is a repayment or water service contract executed by the United States under Federal reclamation law; or (C) an improvement to water infrastructure directly associated with a reclamation project that, based on a determination of the Secretary (i) improves water management; and (ii) fulfills other Federal goals. (7) Secretary The term Secretary means the Secretary of the Interior. ( Pub. L. 109451, title II,  202 Dec. 22, 2006 120 Stat. 3356  Editorial Notes  References in Text The Securities Act of 1933, referred to in par. (2)(A), is title I of act May 27, 1933, ch. 38 48 Stat. 74 section 77a of Title 15 Section 54 of title 26 Pub. L. 11597, title I,  13404(a) Dec. 22, 2017 131 Stat. 2138 Statutory Notes and Related Subsidiaries Short Title This subchapter known as the Twenty-First Century Water Works Act, see Short Title note set out under section 2401 of this title  2422. Project eligibility (a) Eligibility criteria (1) In general The Secretary shall develop and publish in the Federal Register criteria for determining the eligibility of a project for financial assistance under section 2423 of this title (2) Inclusions Eligibility criteria shall include (A) submission of an application by the lender to the Secretary; (B) demonstration of the creditworthiness of the project, including a determination by the Secretary that any financing for the project has appropriate security features to ensure repayment; (C) demonstration by the non-Federal borrower, to the satisfaction of the Secretary, of the ability of the non-Federal borrower to repay the project financing from user fees or other dedicated revenue sources; (D) demonstration by the non-Federal borrower, to the satisfaction of the Secretary, of the ability of the non-Federal borrower to pay all operations, maintenance, and replacement costs of the project facilities; and (E) such other criteria as the Secretary determines to be appropriate. (b) Waiver The Secretary may waive any of the criteria in subsection (a)(2) that the Secretary determines to be duplicative or rendered unnecessary because of an action already taken by the United States. (c) Projects previously authorized A project that was authorized for construction under Federal reclamation laws prior to December 22, 2006 (d) Criteria for rural water supply projects A rural water supply project that is determined to be feasible under section 2405 of this title section 2423 of this title ( Pub. L. 109451, title II,  203 Dec. 22, 2006 120 Stat. 3357  2423. Loan guarantees (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 (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. 109451, title II,  204 Dec. 22, 2006 120 Stat. 3358  2424. Defaults (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. 109451, title II,  205 Dec. 22, 2006 120 Stat. 3358  2425. Operations, maintenance, and replacement costs (a) In general The non-Federal share of operations, maintenance, and replacement costs for a project receiving Federal assistance under this subchapter shall be 100 percent. (b) Plan On request of the non-Federal borrower, the Secretary may assist in the development of an operation, maintenance, and replacement plan to provide the necessary framework to assist the non-Federal borrower in establishing rates and fees for project beneficiaries. ( Pub. L. 109451, title II,  206 Dec. 22, 2006 120 Stat. 3360  2426. Title to newly constructed facilities (a) New projects and facilities All new projects or facilities constructed in accordance with this subchapter shall remain under the jurisdiction and control of the non-Federal borrower subject to the terms of the repayment agreement. (b) Existing projects and facilities Nothing in this subchapter affects the title of (1) reclamation projects authorized prior to December 22, 2006 (2) works supplemental to existing reclamation projects; or (3) works constructed to rehabilitate existing reclamation projects. ( Pub. L. 109451, title II,  207 Dec. 22, 2006 120 Stat. 3360  2427. Water rights (a) In general Nothing in this subchapter preempts or affects State water law or an interstate compact governing water. (b) Compliance required The Secretary shall comply with State water laws in carrying out this subchapter. Nothing in this subchapter affects or preempts State water law or an interstate compact governing water. ( Pub. L. 109451, title II,  208 Dec. 22, 2006 120 Stat. 3360  2428. Interagency coordination and cooperation (a) Consultation The Secretary shall consult with the Secretary of Agriculture before promulgating criteria with respect to financial appraisal functions and loan guarantee administration for activities carried out under this subchapter. (b) Memorandum of agreement The Secretary and the Secretary of Agriculture shall enter into a memorandum of agreement providing for Department of Agriculture financial appraisal functions and loan guarantee administration for activities carried out under this subchapter. ( Pub. L. 109451, title II,  209 Dec. 22, 2006 120 Stat. 3360  2429. Records; audits (a) In general A recipient of a loan guarantee shall keep such records and other pertinent documents as the Secretary shall prescribe by regulation, including such records as the Secretary may require to facilitate an effective audit. (b) Access The Secretary and the Comptroller General of the United States, or their duly authorized representatives, shall have access, for the purpose of audit, to the records and other pertinent documents. ( Pub. L. 109451, title II,  210 Dec. 22, 2006 120 Stat. 3360  2430. Full faith and credit  The full faith and credit of the United States is pledged to the payment of all guarantees issued under this section with respect to principal and interest. ( Pub. L. 109451, title II,  211 Dec. 22, 2006 120 Stat. 3360  2431. Report  Not later than 1 year after the date on which the eligibility criteria are published in the Federal Register under section 2422(a) of this title section 2423 of this title ( Pub. L. 109451, title II,  212 Dec. 22, 2006 120 Stat. 3361  2432. Effect on the reclamation laws (a) Reclamation projects Nothing in this subchapter supersedes or amends any Federal law associated with a project, or a portion of a project, constructed under the reclamation laws. (b) No new or supplemental benefits Any assistance provided under this subchapter shall not (1) be considered to be a new or supplemental benefit for purposes of the Reclamation Reform Act of 1982 ( 43 U.S.C. 390aa (2) affect any contract in existence on December 22, 2006 ( Pub. L. 109451, title II,  213 Dec. 22, 2006 120 Stat. 3361  Editorial Notes  References in Text The Reclamation Reform Act of 1982, referred to in subsec. (b)(1), is title II of Pub. L. 97293 Oct. 12, 1982 96 Stat. 1263 section 383 of Title 25  2433. Authorization of appropriations  There are authorized to be appropriated such sums as are necessary to carry out this subchapter, to remain available until expended. ( Pub. L. 109451, title II,  214 Dec. 22, 2006 120 Stat. 3361  2434. Termination of authority (a) In general Subject to subsection (b), the authority of the Secretary to carry out this subchapter terminates on the date that is 10 years after December 22, 2006 (b) Exception The termination of authority under subsection (a) shall have no effect on (1) any loans guaranteed by the United States under this subchapter; or (2) the administration of any loan guaranteed under this subchapter before the effective date of the termination of authority. ( Pub. L. 109451, title II,  215 Dec. 22, 2006 120 Stat. 3361 CHAPTER 43 SUSPENDED ENTRIES AND CLAIMS; PATENTS    Sec.  2501. Suspended entries of public lands and suspended preemption land claims.  2502. Adjudications as to suspended entries; approval.  2503. Patents surrendered and new ones issued.  2504. Extent of foregoing provisions.  2505. Suspension of entries for correction of clerical errors; patents.  2506. Limitations of suits to annul patents.  2507. Entries and final proofs, made out of proper district, confirmed.  2501. Suspended entries of public lands and suspended preemption land claims  The Secretary of the Interior, or such officer as he may designate, is authorized to decide upon principles of equity and justice, as recognized in courts of equity, and in accordance with regulations to be approved by the Secretary of the Interior, consistently with such principles, all cases of suspended entries of public lands and of suspended preemption land claims, and to adjudge in what cases patents shall issue upon the same. (R.S.  2450; Feb. 27, 1877, ch. 69,  1 19 Stat. 244 Sept. 20, 1922, ch. 350 42 Stat. 857 July 16, 1946 60 Stat. 1100  Editorial Notes Codification Section was formerly classified to section 1161 of this title R.S.  2450 derived from acts Aug. 3, 1846, ch. 78,  1 9 Stat. 51 Mar. 3, 1853, ch. 152,  1 10 Stat. 258 June 26, 1856, ch. 47 11 Stat. 22 June 1, 1874, ch. 200 18 Stat. 50 Feb. 27, 1877, ch. 69,  1 19 Stat. 244 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 64 Stat. 1262 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  2502. Adjudications as to suspended entries; approval  Every such adjudication shall be approved by the Secretary of the Interior and shall operate only to divest the United States of the title to the land embraced thereby, without prejudice to the rights of conflicting claimants. (R.S.  2451; Feb. 27, 1877, ch. 69,  1 19 Stat. 244 Sept. 20, 1922, ch. 350 42 Stat. 858  Editorial Notes Codification Section was formerly classified to section 1162 of this title R.S.  2451 derived from acts Aug. 3, 1846, ch. 78,  1 9 Stat. 51 Feb. 27, 1877. ch. 69,  1 19 Stat. 244  2503. Patents surrendered and new ones issued  Where patents have been already issued on entries which are approved by the Secretary of the Interior, the Secretary of the Interior, or such officer as he may designate, upon the canceling of the outstanding patent, is authorized to issue a new patent, on such approval, to the person who made the entry, his heirs or assigns. (R.S.  2456; Sept. 20, 1922, ch. 350 42 Stat. 858 July 16, 1946 60 Stat. 1100  Editorial Notes Codification Section was formerly classified to section 1163 of this title R.S.  2456 derived from act Mar. 3, 1853, ch. 152,  2 10 Stat. 258 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 64 Stat. 1262 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  2504. Extent of foregoing provisions  Sections 2501 to 2503 of this title shall be applicable to all cases of suspended entries and locations, which have arisen in the Bureau of Land Management since the 26th day of June 1856 as well as to all cases of a similar kind which may hereafter occur, embracing as well locations under bounty-land warrants as ordinary entries or sales, including homestead entries and preemption locations or cases; where the law has been substantially complied with, and the error or informality arose from ignorance, accident, or mistake which is satisfactorily explained; and where the rights of no other claimant or preemptor are prejudiced, or where there is no adverse claim. (R.S.  2457; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Editorial Notes Codification Section was formerly classified to section 1164 of this title R.S.  2457 derived from act June 26, 1856, ch. 47 11 Stat. 22 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 64 Stat. 1262 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  2505. Suspension of entries for correction of clerical errors; patents  Whenever it shall appear to the Secretary of the Interior, or such officer as he may designate, that a clerical error has been committed in the entry of any of the public lands such entry may be suspended, upon proper notification to the claimant, through the local land office, until the error has been corrected; and all entries made under the preemption, homestead, desert-land, or timber-culture laws, in which final proof and payment may have been made and certificates issued, and to which there are no adverse claims originating prior to final entry and which have been sold or incumbered prior to the 1st day of March, 1888, and after final entry, to bona fide purchasers, or incumbrancers, for a valuable consideration, shall unless upon an investigation by a Government agent, fraud on the part of the purchaser has been found, be confirmed and patented upon presentation of satisfactory proof to the Land Department of such sale or incumbrance: Provided ( Mar. 3, 1891, ch. 561,  7 26 Stat. 1098 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Editorial Notes  References in Text This act, referred to in text, means act Mar. 3, 1891, ch. 561 26 Stat. 1095 section 1181 of this title section 426 of Title 25 section 495 of Title 25 Codification Section was formerly classified to section 1165 of this title section 165 of this title section 1165 of this title Statutory Notes and Related Subsidiaries  Abolition of Office of Surveyor General and Transfer of Functions Act Mar. 3, 1925 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 64 Stat. 1262 section 1451 of this title Secretary of the Interior, or such officer as he may designate and receipt of such officer as the Secretary of the Interior may designate substituted for Commissioner of the General Land Office and registers receipt, respectively, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title  2506. Limitations of suits to annul patents  Suits by the United States to vacate and annul any patent shall only be brought within six years after the date of the issuance of such patents. ( Mar. 3, 1891, ch. 559 26 Stat. 1093 Mar. 3, 1891, ch. 561,  8 26 Stat. 1099  Editorial Notes Codification Section was formerly classified to section 1166 of this title  2507. Entries and final proofs, made out of proper district, confirmed  Whenever it shall appear to the Secretary of the Interior, or such officer as he may designate, that an error was made prior to March 9, 1904 March 11, 1902 ( Mar. 9, 1904, ch. 503,  1 33 Stat. 64 July 16, 1946 60 Stat. 1100  Editorial Notes  References in Text Act of March 11, 1902 act Mar. 11, 1902, ch. 182 32 Stat. 63 section 254 of this title Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Codification Section was formerly classified to section 1167 of this title Statutory Notes and Related Subsidiaries Effective Date Act Mar. 9, 1904, ch. 503,  2 33 Stat. 64 That this Act [enacting this section] shall be in force from and after its passage and approval. Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262 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 CHAPTER 44 OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS    SUBCHAPTER IADMINISTRATION  Sec.  2601. Conservation management by Department of the Interior; permanent forest production; sale of timber; subdivision.  2602. Cooperative agreements with other agencies or private owners for coordinated administration.  2603. Leasing of lands for grazing; disposition of moneys; rules and regulations covering grazing lands.  2604. Rules and regulations generally; consultation and agreements with other agencies regarding fire regulations.  2605. Oregon and California land-grant fund; annual distribution of moneys.  2606. Oregon and California Railroad revested lands and Coos Bay Wagon Road reconveyed lands.  2607. Protection of Oregon and California Railroad grant lands.  SUBCHAPTER IIDISPOSITION OF FUNDS  2621. Coos Bay Wagon Road grant fund; annual payments; appraisal and assessment of land and timber; computation of payments.  2622. Appraisal of land and timber; manner and frequency; computation of amounts upon basis of last appraisement; deduction of appraisement expenses.  2623. Additional sum from surplus for meeting payments due from insufficient annual receipts; maximum aggregate of decennial payments; covering of excess receipts into general fund of Treasury.  2624. Amount available for administration of Coos Bay Wagon Road grant lands under subchapter I; covering of unused receipts into general fund of Treasury.  SUBCHAPTER IIIADMINISTRATIVE JURISDICTION  2631. Unselected and unpatented odd-numbered sections as revested grant lands; administration as national-forest lands; revenues; prohibition against disposition or exchange.  2632. Exchange of jurisdiction between Secretaries; conditions; publication in Federal Register.  2633. Designation of national-forest areas within counties; disposition of revenues; approval by court.  2634. Appropriations to carry out sections 2632 and 2633. SUBCHAPTER I ADMINISTRATION  2601. Conservation management by Department of the Interior; permanent forest production; sale of timber; subdivision  Notwithstanding any provisions in the Acts of June 9, 1916 39 Stat. 218 February 26, 1919 40 Stat. 1179 1 1 2 2 3 3 Provided The annual productive capacity for such lands shall be determined and declared as promptly as possible after August 28, 1937 Provided If the Secretary of the Interior determines that such action will facilitate sustained-yield management, he may subdivide such revested lands into sustained-yield forest units, the boundary lines of which shall be so established that a forest unit will provide, insofar as practicable, a permanent source of raw materials for the support of dependent communities and local industries of the region; but until such subdivision is made the land shall be treated as a single unit in applying the principle of sustained yield: Provided ( Aug. 28, 1937, ch. 876 50 Stat. 874  Editorial Notes  References in Text Section 3, referred to in first par., is section 3 of act Aug. 28, 1937, ch. 876, title I 50 Stat. 875 section 1181c of this title Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 Acts of June 9, 1916 February 26, 1919 June 9, 1916, ch. 137 39 Stat. 218 Feb. 26, 1919, ch. 47 40 Stat. 1179 Codification Section was formerly classified to section 1181a of this title Statutory Notes and Related Subsidiaries Repeals Act Aug. 28, 1937, ch. 876, title II 50 Stat. 876 All Acts or parts of Acts in conflict with this Act [enacting this subchapter and former section 1181c of this title  2602. Cooperative agreements with other agencies or private owners for coordinated administration  The Secretary of the Interior is authorized, in his discretion, to make cooperative agreements with other Federal or State forest administrative agencies or with private forest owners or operators for the coordinated administration, with respect to time, rate, method of cutting, and sustained yield, of forest units comprising parts of revested or reconveyed lands, together with lands in private ownership or under the administration of other public agencies, when by such agreements he may be aided in accomplishing the purposes mentioned in sections 2601 and 2602 of this title. ( Aug. 28, 1937, ch. 876 50 Stat. 874  Editorial Notes Codification Section was formerly classified to section 1181b of this title  2603. Leasing of lands for grazing; disposition of moneys; rules and regulations covering grazing lands  The Secretary of the Interior is authorized, in his discretion, to lease for grazing any of said revested or reconveyed lands which may be so used without interfering with the production of timber or other purposes of this subchapter as stated in section 2601 of this title Provided Provided further ( Aug. 28, 1937, ch. 876 50 Stat. 875  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this Act, meaning act Aug. 28, 1937, ch. 876 50 Stat. 874 Codification Section was formerly classified to section 1181d of this title  2604. Rules and regulations generally; consultation and agreements with other agencies regarding fire regulations  The Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this subchapter into full force and effect. The Secretary of the Interior is further authorized, in formulating forest-practice rules and regulations, to consult with the Oregon State Board of Forestry, representatives of timber owners and operators on or contiguous to said revested and reconveyed lands, and other persons or agencies interested in the use of such lands. In formulating regulations for the protection of such timberlands against fire, the Secretary is authorized, in his discretion, to consult and advise with Federal, State, and county agencies engaged in forest-fire-protection work, and to make agreements with such agencies for the cooperative administration of fire regulations therein: Provided ( Aug. 28, 1937, ch. 876 50 Stat. 875  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this Act, meaning act Aug. 28, 1937, ch. 876 50 Stat. 874 Codification Section was formerly classified to section 1181e of this title  2605. Oregon and California land-grant fund; annual distribution of moneys On and after March 1, 1938 (a) Fifty per centum to the counties in which the lands revested under the Act of June 9, 1916 39 Stat. 218 June 30, 1938 Provided, however (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 July 13, 1926 44 Stat. 915 March 1, 1938 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 March 1, 1938 (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 ( Aug. 28, 1937, ch. 876 50 Stat. 875 June 24, 1954, ch. 357,  1(b) 68 Stat. 271 Pub. L. 94273,  2(28) Apr. 21, 1976 90 Stat. 376  Editorial Notes  References in Text Act of June 9, 1916 act June 9, 1916, ch. 137 39 Stat. 218 Act of July 13, 1926 44 Stat. 915 act July 13, 1926, ch. 897 44 Stat. 915 This subchapter, referred to in subsec. (c), was in the original this Act, meaning act Aug. 28, 1937, ch. 876 50 Stat. 874 Codification Section was formerly classified to section 1181f of this title Section comprises all of title II of act Aug. 28, 1937 section 2601 of this title Amendments 1976Subsec. (b). Pub. L. 94273 1954Subsec. (a). Act June 24, 1954  2606. Oregon and California Railroad revested lands and Coos Bay Wagon Road reconveyed lands (a) In general Notwithstanding any other provision of law, with respect to the Oregon and California Railroad grant land revested in the United States by the Act of June 9, 1916 39 Stat. 218 February 26, 1919 40 Stat. 1179 August 28, 1937 43 U.S.C. 2601 section 7 of Public Law 93205 16 U.S.C. 1536 (1) the listing of a species as threatened or endangered, or a designation of critical habitat, pursuant to Public Law 93205 16 U.S.C. 1531 (2) any provision of a land use plan adopted as described in paragraph (1). (b) Effect of section Nothing in this section affects any applicable requirement of the Secretary of the Interior to consult with the head of any other Federal department or agency (1) regarding a project carried out, or proposed to be carried out, pursuant to Public Law 93205 16 U.S.C. 1531 (2) with respect to the development of a new land use plan or the revision of or other significant change to an existing land use plan. ( Pub. L. 115141, div. O, title II,  209 Mar. 23, 2018 132 Stat. 1067  Editorial Notes  References in Text Acts of June 9, 1916 February 26, 1919 June 9, 1916, ch. 137 39 Stat. 218 Feb. 26, 1919, ch. 47 40 Stat. 1179 The Act of August 28, 1937 act Aug. 28, 1937, ch. 876 50 Stat. 874 Public Law 93205 Pub. L. 93205 Dec. 28, 1973 87 Stat. 884 section 1531 of Title 16 Codification Section was enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Act of August 28, 1937  2607. Protection of Oregon and California Railroad grant lands (a) Definitions For purposes of this section: (1) O & C land The term O & C land means the land (commonly known as Oregon and California Railroad grant land) that (A) revested in the United States under the Act of June 9, 1916 39 Stat. 218 (B) is managed by the Secretary of the Interior through the Bureau of Land Management under the Act of August 28, 1937 43 U.S.C. 1181a (2) CBWR land The term CBWR land means the land (commonly known as Coos Bay Wagon Road grant land) that (A) was reconveyed to the United States under the Act of February 26, 1919 40 Stat. 1179 (B) is managed by the Secretary of the Interior through the Bureau of Land Management under the Act of August 28, 1937 43 U.S.C. 1181a (3) Geographic area The term geographic area means the area in the State of Oregon within the boundaries of the Medford District, Roseburg District, Eugene District, Salem District, Coos Bay District, and Klamath Resource Area of the Lakeview District of the Bureau of Land Management, as the districts and the resource area were constituted on January 1, 1998 (4) Secretary The term Secretary means the Secretary of the Interior. (b) Policy of no net loss of O & C land and CBWR land In carrying out sales, purchases, and exchanges of land in the geographic area, the Secretary shall ensure that on October 30, 2008 October 30, 1998 (c) Relationship to Umpqua land exchange authority Notwithstanding any other provision of this section, this section shall not apply to an exchange of land authorized pursuant to section 1028 of the Omnibus Parks and Public Lands Management Act of 1996 ( Public Law 104333 110 Stat. 4231 February 19, 1998 ( Pub. L. 105321,  3 Oct. 30, 1998 112 Stat. 3022 Pub. L. 106176, title III,  304 Mar. 10, 2000 114 Stat. 33  Editorial Notes  References in Text Act of June 9, 1916 act June 9, 1916, ch. 137 39 Stat. 218 Act of August 28, 1937 43 U.S.C. 1181a act Aug. 28, 1937, ch. 876 50 Stat. 874 section 1181c of this title Pub. L. 94579, title VII,  702 Oct. 21, 1976 90 Stat. 2787 act May 24, 1939, ch. 144 53 Stat. 753 act June 24, 1954, ch. 357 68 Stat. 270 Act of February 26, 1919 act Feb. 26, 1919, ch. 47 40 Stat. 1179 Section 1028 of the Omnibus Parks and Public Lands Management Act of 1996, referred to in subsec. (c), is section 1028 of Pub. L. 104333 Nov. 12, 1996 110 Stat. 4231 Codification Section was enacted as part of the Oregon Public Lands Transfer and Protection Act of 1998, and not as part of the Act of August 28, 1937 SUBCHAPTER II DISPOSITION OF FUNDS  2621. Coos Bay Wagon Road grant fund; annual payments; appraisal and assessment of land and timber; computation of payments  Beginning with the fiscal year next following May 24, 1939 February 26, 1919 40 Stat. 1179 Provided section 5 of the Act of February 26, 1919 Provided further May 24, 1939 ( May 24, 1939, ch. 144,  1 53 Stat. 753  Editorial Notes  References in Text Act of February 26, 1919 act Feb. 26, 1919, ch. 47 40 Stat. 1179 Codification Section was formerly classified to section 1181f1 of this title Statutory Notes and Related Subsidiaries Repeals Act May 24, 1939, ch. 144,  5 53 Stat. 754 All Acts or parts of Acts inconsistent with this Act [enacting this subchapter] are hereby repealed.  2622. Appraisal of land and timber; manner and frequency; computation of amounts upon basis of last appraisement; deduction of appraisement expenses  Appraisals of the land and timber thereon shall be made, in the manner prescribed in section 2621 of this title section 2621 of this title ( May 24, 1939, ch. 144,  2 53 Stat. 754  Editorial Notes Codification Section was formerly classified to section 1181f2 of this title  2623. Additional sum from surplus for meeting payments due from insufficient annual receipts; maximum aggregate of decennial payments; covering of excess receipts into general fund of Treasury  If, during any one year, 75 per centum of the receipts are insufficient fully to meet the payments due the counties hereunder, the Secretary of the Treasury, upon certification by the Secretary of the Interior, may pay an additional sum from any surplus of 75 per centum of prior year receipts: Provided, however July 1, 1940 Provided further ( May 24, 1939, ch. 144,  3 53 Stat. 754  Editorial Notes Codification Section was formerly classified to section 1181f3 of this title  2624. Amount available for administration of Coos Bay Wagon Road grant lands under subchapter I; covering of unused receipts into general fund of Treasury  Not to exceed 25 per centum of the annual receipts shall be available, in such amounts as the Congress shall from time to time appropriate for the administration of subchapter I, insofar as such sections apply to the Coos Bay Wagon Road grant lands. Any balance not used for administrative purposes shall be covered into the general fund of the Treasury of the United States. ( May 24, 1939, ch. 144,  4 53 Stat. 754  Editorial Notes  References in Text Subchapter I, referred to in text, was in the original a reference to act Aug. 28, 1937, ch. 876 50 Stat. 874 Codification Section was formerly classified to section 1181f4 of this title SUBCHAPTER III ADMINISTRATIVE JURISDICTION  2631. Unselected and unpatented odd-numbered sections as revested grant lands; administration as national-forest lands; revenues; prohibition against disposition or exchange  Those unselected and unpatented odd-numbered sections within the indemnity limits of the Oregon and California Railroad land grant authorized by the Act of July 25, 1866 14 Stat. 239 April 10, 1869 16 Stat. 47 June 9, 1916 39 Stat. 218 June 17, 1892 September 28, 1893 October 5, 1906 January 25, 1907 March 1, 1907 March 2, 1907 Provided section 2605 of this title June 24, 1954 ( June 24, 1954, ch. 357,  1(a) 68 Stat. 270  Editorial Notes  References in Text Acts July 25, 1866 April 10, 1869 June 9, 1916 July 25, 1866, ch. 242 14 Stat. 239 Apr. 10, 1869, ch. 27 16 Stat. 47 June 9, 1916, ch. 137 39 Stat. 218 This subchapter, referred to in text, was in the original this Act, meaning act June 24, 1954, ch. 357 68 Stat. 270 Codification Section was formerly classified to section 1181g of this title Section constitutes subsec. (a) of section 1 of act June 24, 1954 section 2605(a) of this title  2632. Exchange of jurisdiction between Secretaries; conditions; publication in Federal Register  The Secretary of the Interior and the Secretary of Agriculture are authorized and directed, within two years after June 24, 1954 Provided Provided further ( June 24, 1954, ch. 357,  2 68 Stat. 271  Editorial Notes Codification Section was formerly classified to section 1181h of this title  2633. Designation of national-forest areas within counties; disposition of revenues; approval by court  For the purpose of consolidating and thereby facilitating administration and accounting the Secretary of Agriculture is authorized to designate in the several counties in which the lands described in section 2631 of this title August 28, 1937 50 Stat. 874 section 2631 of this title Provided, however ( June 24, 1954, ch. 357,  3 68 Stat. 271  Editorial Notes  References in Text Act of August 28, 1937 act Aug. 28, 1937, ch. 876 50 Stat. 874 section 2605 of this title section 1174 of this title section 2601 of this title Codification Section was formerly classified to section 1181i of this title  2634. Appropriations to carry out sections 2632 and 2633  For the purpose of carrying out the provisions of sections 2632 and 2633 of this title there are authorized to be appropriated such sums as the Congress may from time to time determine to be necessary. ( June 24, 1954, ch. 357,  4 68 Stat. 272  Editorial Notes Codification Section was formerly classified to section 1181j of this title CHAPTER 45 STATE CONTROL OF NOXIOUS PLANTS ON FEDERAL LANDS    Sec.  2701. Control of noxious plants on Federal lands; State programs; terms of entry.  2702. Reimbursement of States for expenses.  2703. Authorization of appropriations.  2701. Control of noxious plants on Federal lands; State programs; terms of entry The heads of Federal departments or agencies are authorized and directed to permit the commissioner of agriculture or other proper agency head of any State in which there is in effect a program for the control of noxious plants to enter upon any lands under their control or jurisdiction and destroy noxious plants growing on such land if (1) such entry is in accordance with a program submitted to and approved by such department or agency: Provided (2) the means by which noxious plants are destroyed are acceptable to the head of such department or agency; and (3) the same procedure required by the State program with respect to privately owned land has been followed. ( Pub. L. 90583,  1 Oct. 17, 1968 82 Stat. 1146  Editorial Notes Codification Section was formerly classified to section 1241 of this title  2702. Reimbursement of States for expenses  Any State incurring expenses pursuant to section 2701 of this title Provided ( Pub. L. 90583,  2 Oct. 17, 1968 82 Stat. 1146  Editorial Notes Codification Section was formerly classified to section 1242 of this title  2703. Authorization of appropriations  There are hereby authorized to be appropriated to departments or agencies of the Federal Government such sums as the Congress may determine to be necessary to carry out the purposes of this chapter. ( Pub. L. 90583,  3 Oct. 17, 1968 82 Stat. 1146  Editorial Notes Codification Section was formerly classified to section 1243 of this title CHAPTER 46 GEOSPATIAL DATA    Sec.  2801. Definitions.  2802. Federal Geographic Data Committee.  2803. National Geospatial Advisory Committee.  2804. National spatial data infrastructure.  2805. National Geospatial Data Asset data themes.  2806. Geospatial data standards.  2807. Geoplatform.  2808. Covered agency responsibilities.  2809. Limitation on use of Federal funds.  2810. Savings provision.  2811. Private sector.  2801. Definitions In this chapter (1) the term Advisory Committee means the National Geospatial Advisory Committee established under section 2803(a) of this title (2) the term Committee means the Federal Geographic Data Committee established under section 2802(a) of this title (3) the term covered agency (A) means (i) an Executive department, as defined in section 101 of title 5 (ii) the National Aeronautics and Space Administration; or (iii) the General Services Administration; and (B) does not include the Department of Defense (including 30 components and agencies performing national missions) or any element of the intelligence community; (4) the term GeoPlatform means the GeoPlatform described in section 2807(a) of this title (5) the term geospatial data (A) means information that is tied to a location on the Earth, including by identifying the geographic location and characteristics of natural or constructed features and boundaries on the Earth, and that is generally represented in vector datasets by points, lines, polygons, or other complex geographic features or phenomena; (B) may be derived from, among other things, remote sensing, mapping, and surveying technologies; (C) includes images and raster datasets, aerial photographs, and other forms of geospatial data or datasets in digitized or non-digitized form; and (D) does not include (i) geospatial data and activities of an Indian tribe not carried out, in whole or in part, using Federal funds, as determined by the tribal government; (ii) classified national security-related geospatial data and activities of the Department of Defense, unless declassified; (iii) classified national security-related geospatial data and activities of the Department of Energy, unless declassified; (iv) geospatial data and activities under chapter 22 of title 10 or section 3045 of title 50 (v) intelligence geospatial data and activities, as determined by the Director of National Intelligence; or (vi) certain declassified national security-related geospatial data and activities of the intelligence community, as determined by the Secretary of Defense, the Secretary of Energy, or the Director of National Intelligence; (6) the term Indian tribe has the meaning given that term under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b 1 1 (7) the term institution of higher education has the meaning given that term under section 1002 of title 20 (8) the term intelligence community has the meaning given that term in section 3003 of title 50 (9) the term lead covered agency means a lead covered agency for a National Geospatial Data Asset data theme designated under section 2805(b)(1) of this title (10) the term local government means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (11) the term metadata for geospatial data means information about geospatial data, including the content, source, vintage, accuracy, condition, projection, method of collection, and other characteristics or descriptions of the geospatial data; (12) the term National Geospatial Data Asset data theme means the National Geospatial Data Asset core geospatial datasets (including electronic records and coordinates) relating to a topic or subject designated under section 2805 of this title (13) the term National Spatial Data Infrastructure means the technology, policies, criteria, standards, and employees necessary to promote geospatial data sharing throughout the Federal Government, State, tribal, and local governments, and the private sector (including nonprofit organizations and institutions of higher education); and (14) the term proven practices means methods and activities that advance the use of geospatial data for the benefit of society. ( Pub. L. 115254, div. B, title VII,  752 Oct. 5, 2018 132 Stat. 3414  Editorial Notes  References in Text Section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b section 4 of Pub. L. 93638 Jan. 4, 1975 88 Stat. 2204 section 450b of Title 25 section 5304 of Title 25 Statutory Notes and Related Subsidiaries Short Title Pub. L. 115254, div. B, title VII,  751(a) Oct. 5, 2018 132 Stat. 3413 This subtitle [subtitle F ( 751759C) of title VII of div. B of Pub. L. 115254 Findings Pub. L. 115254, div. B, title VII,  751(b) Oct. 5, 2018 132 Stat. 3413  Congress finds that (1) open and publicly available data is essential to the successful operation of the GeoPlatform; (2) the private sector in the United States, for the purposes of acquiring and producing quality geospatial data and geospatial data services, has been and continues to be invaluable in carrying out the varying missions of Federal departments and agencies, as well as contributing positively to the United States economy; and (3) over the last 2 decades, Congress has passed legislation that promotes greater access and use of Government information and data, which has (A) sparked new, innovative start-ups and services; (B) spurred economic growth in many sectors, such as in the geospatial services; (C) advanced scientific research; (D) promoted public access to Federally funded services and data; and (E) improved access to geospatial data for the purposes of promoting public health, weather forecasting, economic development, environmental protection, flood zone research, and other purposes.  2802. Federal Geographic Data Committee (a) In general There is established within the Department of the Interior an interagency committee to be known as the Federal Geographic Data Committee, which shall act as the lead entity in the executive branch for the development, implementation, and review of policies, practices, and standards relating to geospatial data. (b) Membership (1) Chairperson and Vice Chairperson The Secretary of the Interior and the Director of the Office of Management and Budget shall serve as Chairperson of the Committee and Vice Chairperson of the Committee, respectively. (2) Other members (A) In general The head of each covered agency and the Director of the National Geospatial-Intelligence Agency shall each designate a representative of their respective agency to serve as a member of the Committee. (B) Requirement for appointments An officer appointed to serve as a member of the Committee shall hold a position as an assistant secretary, or an equivalent position, or a higher ranking position. (3) Guidance Not later than 1 year after October 5, 2018 (c) Duties The Committee shall (1) lead the development and management of and operational decision making for the National Spatial Data Infrastructure strategic plan and geospatial data policy in accordance with section 2804 of this title (2) designate National Geospatial Data Asset data themes and oversee the coordinated management of the National Geospatial Data Asset data themes in accordance with section 2805 of this title (3) establish and maintain geospatial data standards in accordance with section 2806 of this title (4) periodically review and determine the extent to which covered agencies comply with geospatial data standards; (5) ensure that the GeoPlatform operates in accordance with section 2807 of this title (6) direct and facilitate national implementation of the system of National Geospatial Data Asset data themes; (7) communicate with and foster communication among covered agencies and other entities and individuals relating to geospatial data technology development, transfer, and exchange in order to (A) identify and meet the needs of users of geospatial data; (B) promote cost-effective data collection, documentation, maintenance, distribution, and preservation strategies; and (C) leverage Federal and non-Federal resources, such as promoting Federal shared services and cross-agency coordination for marketplace solutions; (8) define roles and responsibilities and promote and guide cooperation and coordination among agencies of the Federal Government, State, tribal, and local governments, institutions of higher education, and the private sector in the collection, production, sharing, and use of geospatial information, the implementation of the National Spatial Data Infrastructure, and the identification of proven practices; (9) coordinate with international organizations having an interest in the National Spatial Data Infrastructure or global spatial data infrastructures; (10) make available online and update at least annually (A) a summary of the status for each National Geospatial Data Asset data theme, based on the report submitted by the applicable lead covered agency under section 2805(b)(3)(E)(ii)(I) of this title (i) an evaluation of the progress of each lead covered agency in achieving the requirements under subparagraphs (A), (B), (C), and (D) of section 2805(b)(3) of this title (ii) a determination of whether, for each of subparagraphs (A), (B), (C), and (D) of section 2805(b)(3) of this title (B) a summary and evaluation of the achievements of each covered agency, based on the annual report submitted by the covered agency under section 2808(b)(1) of this title section 2808(a) of this title (C) a collection of periodic technical publications, management articles, and reports related to the National Spatial Data Infrastructure; and (D) a membership directory for the Committee, including identifying members of any subcommittee or working group of the Committee; (11) (A) make available to and request comments from the Advisory Committee regarding the summaries and evaluations required under subparagraphs (A) and (B) of paragraph (10); (B) if requested by the Advisory Committee, respond to any comments by the Advisory Committee; and (C) not less than once every 2 years, submit to Congress a report that includes the summaries and evaluations required under subparagraphs (A) and (B) of paragraph (10), the comments of the Advisory Committee, and the responses of the Committee to the comments; (12) (A) make available to and request comments from covered agencies regarding the summaries and evaluations required under subparagraphs (A) and (B) of paragraph (10); and (B) not less than once every 2 years, submit to Congress a report that includes the comments of the covered agencies and the responses of the Committee to the comments; and (13) support and promote the infrastructure of networks, systems, services, and standards that provide a digital representation of the Earth to users for many applications. (d) Staff support The Committee shall establish an Office of the Secretariat within the Department of the Interior to provide administrative support, strategic planning, funding, and technical support to the Committee. ( Pub. L. 115254, div. B, title VII,  753 Oct. 5, 2018 132 Stat. 3415  2803. National Geospatial Advisory Committee (a) Establishment The Secretary of the Interior shall establish within the Department of the Interior the National Geospatial Advisory Committee to provide advice and recommendations to the Chairperson of the Committee. (b) Membership (1) Composition The Advisory Committee shall be composed of not more than 30 members, at least one of which will be from the National Geospatial-Intelligence Agency, who shall (A) be appointed by the Chairperson of the Committee; (B) be selected (i) to generally achieve a balanced representation of the viewpoints of various interested parties involved in national geospatial activities and the development of the National Spatial Data Infrastructure; and (ii) with consideration of a geographic balance of residence of the members; and (C) be selected from among groups involved in the geospatial community, including (i) States; (ii) local governments; (iii) regional governments; (iv) tribal governments; (v) private sector entities; (vi) geospatial information user industries; (vii) professional associations; (viii) scholarly associations; (ix) nonprofit organizations; (x) academia; (xi) licensed geospatial data acquisition professionals; and (xii) the Federal Government. (2) Chairperson The Chairperson of the Committee shall appoint the Chairperson of the Advisory Committee. (3) Period of appointment; vacancies (A) In general Members shall be appointed for a term of 3 years, with the term of 13 of the members expiring each year. (B) Vacancies Any vacancy in the Advisory Committee shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Limit on terms Except for the member from the National Geospatial-Intelligence Agency, an individual (A) may not be appointed to more than 2 consecutive terms as a member of the Advisory Committee; and (B) after serving for 2 consecutive terms, is eligible to be appointed as a member of the Advisory Committee on and after the date that is 2 years after the end of the second consecutive term of the individual as a member of the Advisory Committee. (5) Ethical requirements A member of the Advisory Committee may not participate in any specific-party matter (including a lease, license, permit, contract, claim, agreement, or related litigation) with the Department of the Interior in which the member has a direct financial interest. (6) Incumbents (A) In general An individual serving on the day before October 5, 2018 (B) Limit on terms Any period of service as a member of the National Geospatial Advisory Committee established by the Secretary of the Interior shall be considered a period of service as a member of the Advisory Committee for purposes of paragraph (4). (c) Subcommittees A subcommittee of the Advisory Committee (1) may be formed for the purposes of compiling information or conducting research; (2) shall be composed of members appointed by the Chairperson of the Advisory Committee; (3) shall act under the direction of the Chairperson of the Advisory Committee and the officer or employee designated under section 10(e) of the Federal Advisory Committee Act (5 U.S.C. App.) 1 1 (4) shall report the recommendations of the subcommittee to the Advisory Committee for consideration; and (5) shall meet as necessary to accomplish the objectives of the subcommittee, subject to the approval of the Chairperson of the Advisory Committee and the availability of resources. (d) Meetings (1) In general The Advisory Committee shall meet at the call of the Chairperson, not less than 1 time each year and not more than 4 times each year. (2) Quorum A majority of the members of the Advisory Committee shall constitute a quorum, but a lesser number of members may hold meetings or hearings. (e) Duties of the Advisory Committee The Advisory Committee shall (1) provide advice and recommendations relating to (A) the management of Federal and national geospatial programs; (B) the development of the National Spatial Data Infrastructure; and (C) implementation of this chapter; (2) review and comment on geospatial policy and management issues; and (3) ensure the views of representatives of non-Federal interested parties involved in national geospatial activities are conveyed to the Committee. (f) Powers of the Advisory Committee (1) Meetings The Advisory Committee may hold meetings (which shall be open to the public) and sit and act at such times and places as the Advisory Committee considers advisable to carry out this chapter. (2) Information from covered agencies (A) In general The Advisory Committee, with the concurrence of the Chairperson of the Committee, may secure directly from any covered agency such information as the Advisory Committee considers necessary to carry out this chapter. Upon request of the Chairperson of the Advisory Committee, the head of such agency shall furnish such information to the Advisory Committee. (B) Noncooperation The Advisory Committee shall include in the comments of the Advisory Committee submitted under section 2802(c)(11) of this title (3) Postal services The Advisory Committee may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (g) Advisory Committee personnel matters (1) No compensation of members (A) Non-Federal employees A member of the Advisory Committee who is not an officer or employee of the Federal Government shall serve without compensation. (B) Federal employees A member of the Advisory Committee who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (2) Travel expenses The members of the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the Advisory Committee. (3) Detail of Government employees Any Federal Government employee may be detailed to the Committee to support the Advisory Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (4) Staff support The Office of the Secretariat established by the Committee under section 2802(d) of this title (h) Applicability of FACA (1) In general Except as provided in paragraph (2), the Federal Advisory Committee Act (5 U.S.C. App.) 1 (2) No termination Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) 1 (i) Termination (1) In general Except as provided in paragraph (2), the Advisory Committee shall terminate 10 years after October 5, 2018 (2) Continuation The Advisory Committee may be continued for successive 10-year periods by action taken by the Secretary of the Interior to renew the Advisory Committee before the date on which the Advisory Committee would otherwise terminate. ( Pub. L. 115254, div. B, title VII,  754 Oct. 5, 2018 132 Stat. 3418  Editorial Notes  References in Text The Federal Advisory Committee Act, referred to in subsecs. (c)(3) and (h), is Pub. L. 92463 Oct. 6, 1972 86 Stat. 770 Pub. L. 117286 Dec. 27, 2022 136 Stat. 4197 section 101 of Title 5  2804. National spatial data infrastructure (a) In general The National Spatial Data Infrastructure shall ensure that geospatial data from multiple sources (including the covered agencies, State, local, and tribal governments, the private sector, and institutions of higher education) is available and easily integrated to enhance the understanding of the physical and cultural world. (b) Goals The goals of the National Spatial Data Infrastructure are to (1) ensure (A) that geospatial data are reviewed prior to disclosure to ensure (i) compliance with section 552a of title 5 (ii) that personally identifiable information is not disclosed, which shall include an assessment of re-identification risk when determining what data constitute personally identifiable information; (B) that geospatial data are designed to enhance the accuracy of statistical information, both in raw form and in derived information products; (C) free and open access for the public to geospatial data, information, and interpretive products, in accordance with Office of Management and Budget Circular A130, or any successor thereto; (D) the protection of proprietary interests related to licensed information and data; and (E) the interoperability and sharing capabilities of Federal information systems and data to enable the drawing of resources from covered agencies and partners of covered agencies; and (2) support and advance the establishment of a Global Spatial Data Infrastructure, consistent with national security, national defense, national intelligence, and international trade requirements, including ensuring that covered agencies develop international geospatial data in accordance with international voluntary consensus standards, as defined in Office of Management and Budget Circular A119, or any successor thereto. (c) Strategic plan The Committee shall prepare and maintain a strategic plan for the development and implementation of the National Spatial Data Infrastructure in a manner consistent with national security, national defense, and emergency preparedness program policies regarding data accessibility. (d) Advisory role The Committee shall advise Federal and non-Federal users of geospatial data on their responsibilities relating to implementation of the National Spatial Data Infrastructure. ( Pub. L. 115254, div. B, title VII,  755 Oct. 5, 2018 132 Stat. 3420  2805. National Geospatial Data Asset data themes (a) In general The Committee shall designate as National Geospatial Data Asset data themes the primary topics and subjects for which the coordinated development, maintenance, and dissemination of geospatial data will benefit the Federal Government and the interests of the people of the United States, which shall (1) be representations of conceptual topics describing digital spatial information for the Nation; and (2) contain associated datasets (with attribute records and coordinates) (A) that are documented, verifiable, and officially designated to meet recognized standards; (B) that may be used in common; and (C) from which other datasets may be derived. (b) Lead covered agencies (1) In general For each National Geospatial Data Asset data theme, the Committee shall designate one or more covered agencies as the lead covered agencies for the National Geospatial Data Asset data theme. (2) General responsibility The lead covered agencies for a National Geospatial Data Asset data theme shall be responsible for ensuring the coordinated management of the data, supporting resources (including technology and personnel), and related services and products of the National Geospatial Data Asset data theme. (3) Specific responsibilities To assist in fulfilling the responsibilities under paragraph (2) with respect to a National Geospatial Data Asset data theme, the lead covered agencies shall (A) provide leadership and facilitate the development and implementation of geospatial data standards for the National Geospatial Data Asset data theme, with a particular emphasis on a data content standard for the National Geospatial Data Asset data theme, including by (i) assessing existing standards; (ii) identifying anticipated or needed data standards; and (iii) developing a plan to originate and implement needed standards with relevant community and international practices (I) in accordance with Office of Management and Budget Circular A119, or any successor thereto; and (II) consistent with or as a part of the plan described in subparagraph (B); (B) provide leadership and facilitate the development and implementation of a plan for nationwide population of the National Geospatial Data Asset data theme, which shall (i) include developing partnership programs with States, Indian tribes, institutions of higher education, private sector entities, other Federal agencies, and local governments; (ii) meet the needs of users of geospatial data; (iii) address human and financial resource needs; (iv) identify needs relating to standards, metadata for geospatial data within the National Geospatial Data Asset data theme, and the GeoPlatform; and (v) expedite the development of necessary National Geospatial Data Asset data themes; (C) establish goals that support the strategic plan for the National Spatial Data Infrastructure prepared under section 2804(c) of this title (D) as necessary, collect and analyze information from users of geospatial data within the National Geospatial Data Asset data theme regarding the needs of the users for geospatial data and incorporate the needs of users in strategies relating to the National Geospatial Data Asset data theme; and (E) as part of administering the National Geospatial Data Asset data theme (i) designate a point of contact within the lead covered agency who shall be responsible for developing, maintaining, coordination relating to, and disseminating data using the GeoPlatform; (ii) submit to the Committee (I) a performance report, at least annually, that documents the activities relating to and implementation of the National Geospatial Data Asset data theme, including progress in achieving the requirements under subparagraphs (A), (B), (C), and (D); and (II) comments, as appropriate, regarding the summary and evaluation of the performance report provided by the Committee under section 2802(c)(12) of this title (iii) publish maps or comparable graphics online (in accordance with the mapping conventions specified by the Committee) showing the extent and status of the National Geospatial Data Asset data themes for which the covered agency is a lead covered agency; (iv) encourage individuals and entities that are a source of geospatial data or metadata for geospatial data for the National Geospatial Data Asset data theme to provide access to such data through the GeoPlatform; (v) coordinate with the GeoPlatform; and (vi) identify and publish proven practices for the use and application of geospatial data of the lead covered agency. ( Pub. L. 115254, div. B, title VII,  756 Oct. 5, 2018 132 Stat. 3421  2806. Geospatial data standards (a) In general In accordance with section 216 of the E-Government Act of 2002 ( 44 U.S.C. 3501 (1) shall include (A) rules, conditions, guidelines, and characteristics for the geospatial data within the National Geospatial Data Asset data theme and related processes, technology, and organization; and (B) content standards for metadata for geospatial data within the National Geospatial Data Asset data theme; (2) to the maximum extent practicable, shall be consistent with international standards and protocols; (3) shall include universal data standards that shall be acceptable for the purposes of declassified intelligence community data; and (4) the Committee shall periodically review and update as necessary for the standards to remain current, relevant, and effective. (b) Development of standards The Committee shall (1) develop and promulgate standards under this section (A) in accordance with Office of Management and Budget Circular A119, or any successor thereto; and (B) after consultation with a broad range of data users and providers; (2) to the maximum extent possible, use national and international standards adopted by voluntary standards consensus bodies; and (3) establish new standards only to the extent standards described in paragraph (2) do not exist. (c) Exclusion The Secretary of the Interior shall withhold from public disclosure any information the disclosure of which reasonably could be expected to cause damage to the national interest, security, or defense of the United States, including information relating to geospatial intelligence data activities, as determined in consultation with the Director of National Intelligence. ( Pub. L. 115254, div. B, title VII,  757 Oct. 5, 2018 132 Stat. 3423  Editorial Notes  References in Text Section 216 of the E-Government Act of 2002, referred to in subsec. (a), is section 216 of Pub. L. 107347 section 3501 of Title 44  2807. Geoplatform (a) In general The Committee shall operate an electronic service that provides access to geospatial data and metadata for geospatial data to the general public, to be known as the GeoPlatform. (b) Implementation (1) In general The GeoPlatform (A) shall (i) be available through the internet and other communications means; (ii) be accessible through a common interface; (iii) include metadata for all geospatial data collected by covered agencies, directly or indirectly; (iv) include download access to all open geospatial data directly or indirectly collected by covered agencies; and (v) include a set of programming instructions and standards providing an automated means of accessing available geospatial data, which (I) harmonize sources and data standards associated with geospatial data, including metadata; and (II) to the maximum extent practicable, as determined by the Chairperson of the Committee, shall be made publicly available; (B) may include geospatial data from a source other than a covered agency, if determined appropriate by the Committee; and (C) shall not store or serve proprietary information or data acquired under a license by the Federal Government, unless authorized by the data provider. (2) Managing partner The Chairperson of the Committee shall designate an agency to serve as the managing partner for developing and operating the GeoPlatform, taking direction from the Committee on the scope, functionality, and performance of the GeoPlatform. (c) Clarification Although the GeoPlatform is intended to include all National Geospatial Data Asset and other Federal datasets, nothing in this chapter shall be construed to prevent a covered agency from also presenting, providing, or disseminating data that is (1) specific to the functions of the covered agency; or (2) targeted to information consumers that directly interface with the services, portals, or other mechanisms of the covered agency. ( Pub. L. 115254, div. B, title VII,  758 Oct. 5, 2018 132 Stat. 3424  2808. Covered agency responsibilities (a) In general Each covered agency shall (1) prepare, maintain, publish, and implement a strategy for advancing geographic information and related geospatial data and activities appropriate to the mission of the covered agency, in support of the strategic plan for the National Spatial Data Infrastructure prepared under section 2804(c) of this title (2) collect, maintain, disseminate, and preserve geospatial data such that the resulting data, information, or products can be readily shared with other Federal agencies and non-Federal users; (3) promote the integration of geospatial data from all sources; (4) ensure that data information products and other records created in geospatial data and activities are included on agency record schedules that have been approved by the National Archives and Records Administration; (5) allocate resources to fulfill the responsibilities of effective geospatial data collection, production, and stewardship with regard to related activities of the covered agency, and as necessary to support the activities of the Committee; (6) use the geospatial data standards, including the standards for metadata for geospatial data, and other appropriate standards, including documenting geospatial data with the relevant metadata and making metadata available through the GeoPlatform; (7) coordinate and work in partnership with other Federal agencies, agencies of State, tribal, and local governments, institutions of higher education, and the private sector to efficiently and cost-effectively collect, integrate, maintain, disseminate, and preserve geospatial data, building upon existing non-Federal geospatial data to the extent possible; (8) use geospatial information to (A) make Federal geospatial information and services more useful to the public; (B) enhance operations; (C) support decision making; and (D) enhance reporting to the public and to Congress; (9) protect personal privacy and maintain confidentiality in accordance with Federal policy and law; (10) participate in determining, when applicable, whether declassified data can contribute to and become a part of the National Spatial Data Infrastructure; (11) search all sources, including the GeoPlatform, to determine if existing Federal, State, local, or private geospatial data meets the needs of the covered agency before expending funds for geospatial data collection; (12) to the maximum extent practicable, ensure that a person receiving Federal funds for geospatial data collection provides high-quality data; and (13) appoint a contact to coordinate with the lead covered agencies for collection, acquisition, maintenance, and dissemination of the National Geospatial Data Asset data themes used by the covered agency. (b) Reporting (1) In general Each covered agency shall submit to the Committee an annual report regarding the achievements of the covered agency in preparing and implementing the strategy described in subsection (a)(1) and complying with the other requirements under subsection (a). (2) Budget submission Each covered agency shall (A) include geospatial data in preparing the budget submission of the covered agency to the President under sections 1105(a) and 1108 of title 31; (B) maintain an inventory of all geospatial data assets in accordance with OMB Circular A130, or any successor thereto; and (C) prepare an annual report to Congress identifying Federal-wide geospatial data assets, as defined in OMB Circular A16, as set forth in OMB memo M1103, Issuance of OMB Circular A16 Supplemental Guidance ( November 10, 2010 (3) Disclosure Each covered agency shall disclose each contract, cooperative agreement, grant, or other transaction that deals with geospatial data, which may include posting information relating to the contract, cooperative agreement, grant, or other transaction on www.USAspending.gov and www.itdashboard.gov, or any successors thereto. (4) OMB review In reviewing the annual budget justifications submitted by covered agencies, the Office of Management and Budget shall take into consideration the summary and evaluations required under subparagraphs (A) and (B) of section 2802(c)(10) of this title section 2802(c) of this title (5) Reporting The Office of Management and Budget shall include a discussion of the summaries and evaluation of the progress in establishing the National Spatial Data Infrastructure in each E-Government status report submitted under section 3606 of title 44 (c) Audits Not less than once every 2 years, the inspector general of a covered agency (or senior ethics official of the covered agency for a covered agency without an inspector general) shall submit to Congress an audit of the collection, production, acquisition, maintenance, distribution, use, and preservation of geospatial data by the covered agency, which shall include a review of (1) the compliance of the covered agency with the standards for geospatial data, including metadata for geospatial data, established under section 2806 of this title (2) the compliance of the covered agency with the requirements under subsection (a); and (3) the compliance of the covered agency on the limitation on the use of Federal funds under section 2809 of this title ( Pub. L. 115254, div. B, title VII,  759 Oct. 5, 2018 132 Stat. 3425  2809. Limitation on use of Federal funds (a) Definition In this section, the term implementation date means the date that is 5 years after the date on which standards for each National Geospatial Data Asset data theme are established under section 2806 of this title (b) Limitation Except as provided otherwise in this section, on and after the implementation date, a covered agency may not use Federal funds for the collection, production, acquisition, maintenance, or dissemination of geospatial data that does not comply with the applicable standards established under section 2806 of this title (c) Exception for existing geospatial data On and after the implementation date, a covered agency may use Federal funds to maintain and disseminate geospatial data that does not comply with the applicable standards established under section 2806 of this title (d) Waiver (1) In general The Chairperson of the Committee may grant a waiver of the limitation under subsection (b), upon a request from a covered agency submitted in accordance with paragraph (2). (2) Requirements A request for a waiver under paragraph (1) shall (A) be submitted not later than 30 days before the implementation date; (B) provide a detailed explanation of the reasons for seeking a waiver; (C) provide a detailed plan to achieve compliance with the applicable standards established under section 2806 of this title (D) provide the date by which the covered agency shall achieve compliance with the applicable standards established under section 2806 of this title (e) Best efforts to comply during transition During the period beginning on the date on which standards for a National Geospatial Data Asset data theme are established under section 2806 of this title ( Pub. L. 115254, div. B, title VII,  759A Oct. 5, 2018 132 Stat. 3427  2810. Savings provision  Nothing in this chapter shall repeal, amend, or supersede any existing law unless specifically provided in this chapter. ( Pub. L. 115254, div. B, title VII,  759B Oct. 5, 2018 132 Stat. 3427  2811. Private sector  The Committee and each covered agency may, to the maximum extent practical, rely upon and use the private sector in the United States for the provision of geospatial data and services. ( Pub. L. 115254, div. B, title VII,  759C Oct. 5, 2018 132 Stat. 3427 CHAPTER 47 RECLAMATION TITLE TRANSFER    Sec.  2901. Purpose.  2902. Definitions.  2903. Authorization of transfers of title to eligible facilities.  2904. Eligibility criteria.  2905. Liability.  2906. Benefits.  2907. Compliance with other laws.  2901. Purpose  The purpose of this chapter is to facilitate the transfer of title to Reclamation project facilities to qualifying entities on the completion of repayment of capital costs. ( Pub. L. 1169, title VIII,  8001 Mar. 12, 2019 133 Stat. 804  2902. Definitions In this chapter: (1) Conveyed property The term conveyed property means an eligible facility that has been conveyed to a qualifying entity under section 2903 of this title (2) Eligible facility The term eligible facility means a facility that meets the criteria for potential transfer established under section 2904(a) of this title (3) Facility (A) In general The term facility includes a dam or appurtenant works, canal, lateral, ditch, gate, control structure, pumping station, other infrastructure, recreational facility, building, distribution and drainage works, and associated land or interest in land or water. (B) Exclusions The term facility does not include a Reclamation project facility, or a portion of a Reclamation project facility (i) that is a reserved works as of March 12, 2019 (ii) that generates hydropower marketed by a Federal power marketing administration; or (iii) that is managed for recreation under a lease, permit, license, or other management agreement that does contribute to capital repayment. (4) Project use power The term project use power means the electrical capacity, energy, and associated ancillary service components required to provide the minimum electrical service needed to operate or maintain Reclamation project facilities in accordance with the authorization for the Reclamation project. (5) Qualifying entity The term qualifying entity means an agency of a State or political subdivision of a State, a joint action or powers agency, a water users association, or an Indian Tribe or Tribal utility authority that (A) as of the date of conveyance under this chapter, is the current operator of the eligible facility pursuant to a contract with Reclamation; and (B) as determined by the Secretary, has the capacity to continue to manage the eligible facility for the same purposes for which the property has been managed under the reclamation laws. (6) Reclamation The term Reclamation means the Bureau of Reclamation. (7) Reclamation project The term Reclamation project means (A) any reclamation or irrigation project, including incidental features of the project (i) that is authorized by the reclamation laws; (ii) that is constructed by the United States pursuant to the reclamation laws; or (iii) in connection with which there is a repayment or water service contract executed by the United States pursuant to the reclamation laws; or (B) any project constructed by the Secretary for the reclamation of land. (8) Reserved works The term reserved works means any building, structure, facility, or equipment (A) that is owned by the Bureau; and (B) for which operations and maintenance are performed, regardless of the source of funding (i) by an employee of the Bureau; or (ii) through a contract entered into by the Commissioner. (9) Secretary The term Secretary means the Secretary, acting through the Commissioner of Reclamation. ( Pub. L. 1169, title VIII,  8002 Mar. 12, 2019 133 Stat. 804  Statutory Notes and Related Subsidiaries  Definition of Secretary Secretary means the Secretary of the Interior, see section 2 of Pub. L. 1169 section 1 of Title 16  2903. Authorization of transfers of title to eligible facilities (a) Authorization (1) In general Subject to the requirements of this chapter, the Secretary, without further authorization from Congress, may, on application of a qualifying entity, convey to a qualifying entity all right, title, and interest of the United States in and to any eligible facility, if (A) not later than 90 days before the date on which the Secretary makes the conveyance, the Secretary submits to Congress (i) a written notice of the proposed conveyance; and (ii) a description of the reasons for the conveyance; and (B) a joint resolution disapproving the conveyance is not enacted before the date on which the Secretary makes the conveyance. (2) Consultation A conveyance under paragraph (1) shall be made by written agreement between the Secretary and the qualifying entity, developed in consultation with any existing water and power customers affected by the conveyance of the eligible facility. (b) Reservation of easement The Secretary may reserve an easement over a conveyed property if (1) the Secretary determines that the easement is necessary for the management of any interests retained by the Federal Government under this chapter; (2) the Reclamation project or a portion of the Reclamation project remains under Federal ownership; and (3) the Secretary enters into an agreement regarding the easement with the applicable qualifying entity. (c) Interests in water No interests in water shall be conveyed under this chapter unless the conveyance is provided for in a separate, quantified agreement between the Secretary and the qualifying entity, subject to applicable State law and public process requirements. ( Pub. L. 1169, title VIII,  8003 Mar. 12, 2019 133 Stat. 806  2904. Eligibility criteria (a) Establishment The Secretary shall establish criteria for determining whether a facility is eligible for conveyance under this chapter. (b) Minimum requirements (1) Agreement of qualifying entity The criteria established under subsection (a) shall include a requirement that a qualifying entity shall agree (A) to accept title to the eligible facility; (B) to use the eligible facility for substantially the same purposes for which the eligible facility is being used at the time the Secretary evaluates the potential transfer; and (C) to provide, as consideration for the assets to be conveyed, compensation to the reclamation fund established by section 391 of this title (2) Determinations of Secretary The criteria established under subsection (a) shall include a requirement that the Secretary shall (A) be able to enter into an agreement with the qualifying entity with respect to the legal, institutional, and financial arrangements relating to the conveyance; (B) determine that the proposed transfer (i) would not have an unmitigated significant effect on the environment; (ii) is consistent with the responsibilities of the Secretary (I) in the role as trustee for federally recognized Indian Tribes; and (II) to ensure compliance with any applicable international and Tribal treaties and agreements and interstate compacts and agreements; (iii) is in the financial interest of the United States; (iv) protects the public aspects of the eligible facility, including water rights managed for public purposes, such as flood control or fish and wildlife; (v) complies with all applicable Federal and State law; and (vi) will not result in an adverse impact on fulfillment of existing water delivery obligations consistent with historical operations and applicable contracts; and (C) if the eligible facility proposed to be transferred is a dam or diversion works (not including canals or other project features that receive or convey water from the diverting works) diverting water from a water body containing a species listed as a threatened species or an endangered species or critical habitat under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (i) the eligible facility continues to comply with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (ii) the eligible facility is not part of the Central Valley Project in the State of California. (3) Status of reclamation land The criteria established under subsection (a) shall require that any land to be conveyed out of Federal ownership under this chapter is (A) land acquired by the Secretary; or (B) land withdrawn by the Secretary, only if (i) the Secretary determines in writing that the withdrawn land is encumbered by facilities to the extent that the withdrawn land is unsuitable for return to the public domain; and (ii) the qualifying entity agrees to pay fair market value based on historical or existing uses for the withdrawn land to be conveyed. (c) Hold harmless No conveyance under this chapter shall adversely impact applicable Federal power rates, repayment obligations, or other project power uses. ( Pub. L. 1169, title VIII,  8004 Mar. 12, 2019 133 Stat. 806  Editorial Notes  References in Text The Endangered Species Act of 1973, referred to in subsec. (b)(2)(C), is Pub. L. 93205 Dec. 28, 1973 87 Stat. 884 section 1531 of Title 16  2905. Liability (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. 1169, title VIII,  8005 Mar. 12, 2019 133 Stat. 808  2906. Benefits 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. 1169, title VIII,  8006 Mar. 12, 2019 133 Stat. 808  2907. Compliance with other laws (a) In general Before conveying an eligible facility under this chapter, the Secretary shall comply with all applicable Federal environmental laws, including (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (3) subtitle III of title 54. (b) Sense of Congress It is the sense of Congress that any Federal permitting and review processes required with respect to a conveyance of an eligible facility under this chapter should be completed with the maximum efficiency and effectiveness. ( Pub. L. 1169, title VIII,  8007 Mar. 12, 2019 133 Stat. 808  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (a)(1), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Endangered Species Act of 1973, referred to in subsec. (a)(2), is Pub. L. 93205 Dec. 28, 1973 87 Stat. 884 section 1531 of Title 16 CHAPTER 48 RENEWABLE ENERGY PRODUCTION ON FEDERAL LAND    Sec.  3001. Definitions.  3002. Program to improve eligible project permit coordination.  3003. Increasing economic certainty.  3004. National goal for renewable energy production on Federal land.  3005. Savings clause.  3006. Ensuring energy security.  3001. Definitions In this chapter: (1) Covered land The term covered land means land that is (A) Federal lands administered by the Secretary concerned; and (B) not excluded from the development of geothermal, solar, or wind energy under (i) a land use plan; or (ii) other Federal law. (2) Federal land The term Federal land means (A) public land as defined by section 103 of the Federal Land Policy Management Act of 1976 ( 43 U.S.C. 1702 (B) land of the National Forest System (as defined in section 1609(a) of title 16 (3) Land use plan The term land use plan means (A) for public land, a land use plan established under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 (B) for National Forest System land, a land management plan approved, amended, or revised under section 1604 of title 16 (4) Eligible project The term eligible project means a project carried out on covered land that uses wind, solar, or geothermal energy to generate energy. (5) Secretary The term Secretary means the Secretary of the Interior. ( Pub. L. 116260, div. Z, title III,  3101 Dec. 27, 2020 134 Stat. 2513  Editorial Notes  References in Text This chapter, referred to in text, was in the original this subtitle, meaning subtitle B ( 31013106) of title III of div. Z of Pub. L. 116260 Dec. 27, 2020 134 Stat. 2513 The Federal Land Policy and Management Act of 1976, referred to in par. (3)(A), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 1701 of this title  3002. Program to improve eligible project permit coordination (a) Establishment The Secretary shall establish a national Renewable Energy Coordination Office and State, district, or field offices, as appropriate, with responsibility to establish and implement a program to improve Federal permit coordination with respect to eligible projects on covered land and such other activities as the Secretary determines necessary. In carrying out the program, the Secretary may temporarily assign qualified staff to Renewable Energy Coordination Offices to expedite the permitting of eligible projects. (b) Memorandum of understanding (1) In general Not later than 180 days after December 27, 2020 (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Secretary of Defense. (2) State and tribal participation The Secretary may request the Governor of any interested State or any Tribal leader of any interested Indian Tribe (as defined in section 5304 of title 25 (c) Designation of qualified staff (1) In general Not later than 30 days after the date on which the memorandum of understanding under subsection (b) is executed, all Federal signatories, as appropriate, shall identify for each of the Bureau of Land Management Renewable Energy Coordination Offices one or more employees who have expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in (A) consultation regarding, and preparation of, biological opinions under section 1536 of title 16 (B) permits under section 1344 of title 33 (C) regulatory matters under the Clean Air Act ( 42 U.S.C. 7401 (D) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 (E) the Migratory Bird Treaty Act ( 16 U.S.C. 703 (F) the preparation of analyses under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (G) implementation of the requirements of section 306108 of title 54 (H) planning under section 472a of title 16 (I) developing geothermal resources under the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 (J) the Act of June 8, 1940 16 U.S.C. 668 (K) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753 and 102101 of title 54 (previously known as the National Park Service Organic Act). (2) Duties Each employee assigned under paragraph (1) shall (A) be responsible for addressing all issues relating to the jurisdiction of the home office or agency of the employee; and (B) participate as part of the team of personnel working on proposed energy projects, planning, monitoring, inspection, enforcement, and environmental analyses. (d) Additional personnel The Secretary may assign such additional personnel for the Bureau of Land Management Renewable Energy Coordination Offices as are necessary to ensure the effective implementation of any programs administered by the offices in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 (e) Transfer of funds To facilitate the coordination and processing of eligible project permits on Federal land under the Renewable Energy Coordination Offices, the Secretary may authorize the expenditure or transfer of any funds that are necessary to (1) the United States Fish and Wildlife Service; (2) the Bureau of Indian Affairs; (3) the Forest Service; (4) the Corps of Engineers; (5) the National Park Service; (6) the Environmental Protection Agency; or (7) the Department of Defense. (f) Report to Congress (1) In general Not later than February 1 of the first fiscal year beginning after December 27, 2020 (2) Inclusions Each report under this subsection shall include (A) projections for renewable energy production and capacity installations; and (B) a description of any problems relating to leasing, permitting, siting, or production. ( Pub. L. 116260, div. Z, title III,  3102 Dec. 27, 2020 134 Stat. 2514  Editorial Notes  References in Text The Clean Air Act, referred to in subsec. (c)(1)(C), is act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of Title 42 The Federal Land Policy and Management Act of 1976, referred to in subsecs. (c)(1)(D) and (d), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 1701 of this title The Migratory Bird Treaty Act, referred to in subsec. (c)(1)(E), is act July 3, 1918, ch. 128 40 Stat. 755 section 710 of Title 16 The National Environmental Policy Act of 1969, referred to in subsec. (c)(1)(F), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Geothermal Steam Act of 1970, referred to in subsec. (c)(1)(I), is Pub. L. 91581 Dec. 24, 1970 84 Stat. 1566 section 1001 of Title 30 Act of June 8, 1940 act June 8, 1940, ch. 278 54 Stat. 250 section 668 of Title 16 National Park Service Organic Act, referred to in subsec. (c)(1)(K), is act Aug. 25, 1916, ch. 408 39 Stat. 535 section 1457 of Title 43 section 1 of Title 16 Pub. L. 113287 Dec. 19, 2014 128 Stat. 3097 section 100101 of Title 54 section 100101 of Title 54  3003. Increasing economic certainty (a) Considerations The Secretary may consider acreage rental rates, capacity fees, and other recurring annual fees in total when evaluating existing rates paid for the use of Federal land by eligible projects. (b) Reductions in base rental rates The Secretary may reduce acreage rental rates and capacity fees, or both, for existing and new wind and solar authorizations if the Secretary determines (1) that the existing rates (A) exceed fair market value; (B) impose economic hardships; (C) limit commercial interest in a competitive lease sale or right-of-way grant; or (D) are not competitively priced compared to other available land; or (2) that a reduced rental rate or capacity fee is necessary to promote the greatest use of wind and solar energy resources. ( Pub. L. 116260, div. Z, title III,  3103 Dec. 27, 2020 134 Stat. 2516  3004. National goal for renewable energy production on Federal land (a) In general Not later than September 1, 2022 (b) Minimum production goal The Secretary shall seek to issue permits that, in total, authorize production of not less than 25 gigawatts of electricity from wind, solar, and geothermal energy projects by not later than 2025, through management of public lands and administration of Federal laws. ( Pub. L. 116260, div. Z, title III,  3104 Dec. 27, 2020 134 Stat. 2516  3005. Savings clause  Notwithstanding any other provision of this chapter, the Secretary of the Interior and the Secretary of Agriculture shall continue to manage public lands under the principles of multiple use and sustained yield in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 16 U.S.C. 1600 ( Pub. L. 116260, div. Z, title III,  3106 Dec. 27, 2020 134 Stat. 2517  Editorial Notes  References in Text This chapter, referred to in text, was in the original this subtitle, meaning subtitle B ( 31013106) of title III of div. Z of Pub. L. 116260 Dec. 27, 2020 134 Stat. 2513 The Federal Land Policy and Management Act of 1976, referred to in text, is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 1701 of this title The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in text, is Pub. L. 93378 Aug. 17, 1974 88 Stat. 476 section 1600 of Title 16  3006. Ensuring energy security (a) Definitions In this section: (1) Federal land The term Federal land means public lands (as defined in section 1702 of this title (2) Offshore lease sale The term offshore lease sale means an oil and gas lease sale (A) that is held by the Secretary in accordance with the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 (B) that, if any acceptable bids have been received for any tract offered in the lease sale, results in the issuance of a lease. (3) Onshore lease sale The term onshore lease sale means a quarterly oil and gas lease sale (A) that is held by the Secretary in accordance with section 226 of title 30 (B) that, if any acceptable bids have been received for any parcel offered in the lease sale, results in the issuance of a lease. (b) Limitation on issuance of certain leases or rights-of-way During the 10-year period beginning on August 16, 2022 (1) the Secretary may not issue a right-of-way for wind or solar energy development on Federal land unless (A) an onshore lease sale has been held during the 120-day period ending on the date of the issuance of the right-of-way for wind or solar energy development; and (B) the sum total of acres offered for lease in onshore lease sales during the 1-year period ending on the date of the issuance of the right-of-way for wind or solar energy development is not less than the lesser of (i) 2,000,000 acres; and (ii) 50 percent of the acreage for which expressions of interest have been submitted for lease sales during that period; and (2) the Secretary may not issue a lease for offshore wind development under section 8(p)(1)(C) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(1)(C) (A) an offshore lease sale has been held during the 1-year period ending on the date of the issuance of the lease for offshore wind development; and (B) the sum total of acres offered for lease in offshore lease sales during the 1-year period ending on the date of the issuance of the lease for offshore wind development is not less than 60,000,000 acres. (c) Savings Except as expressly provided in paragraphs (1) and (2) of subsection (b), nothing in this section supersedes, amends, or modifies existing law. ( Pub. L. 117169, title V,  50265 Aug. 16, 2022 136 Stat. 2060  Editorial Notes  References in Text The Outer Continental Shelf Lands Act, referred to in subsec. (a)(2)(A), is act Aug. 7, 1953, ch. 345 67 Stat. 462 section 1301 of this title Codification Section was enacted as part of Pub. L. 117169 Pub. L. 116260 Statutory Notes and Related Subsidiaries Definitions Pub. L. 117169, title V,  50211 Aug. 16, 2022 136 Stat. 2052  In this subtitle [subtitle B ( 5021150281), enacting this section, section 1356c of this title section 1727 of Title 30 (1)  Secretary The term Secretary means the Secretary of the Interior. (2)  United states insular areas The term United States Insular Areas means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, and the United States Virgin Islands. CHAPTER 49 NATIONAL LANDSLIDE PREPAREDNESS    Sec.  3101. Definitions.  3102. National Landslide Hazards Reduction Program.  3103. Ground subsidence.  3104. 3D elevation program.  3101. Definitions In this chapter: (1) 3D The term 3D means 3-dimensional. (2) 3D elevation data (A) In general The term 3D elevation data means 3D, high-resolution data obtained using LiDAR, IfSAR, or other methods over the United States (including territories). (B) Inclusions The term 3D elevation data includes terrestrial and bathymetric elevation data. (3) 3D elevation program The term 3D Elevation Program means the 3D Elevation Program established under section 3104(a) of this title (4) IfSAR The term IfSAR means interferometric synthetic aperture radar. (5) Indian tribe The term Indian tribe has the meaning given the term in section 5304 of title 25 (6) Lahar The term lahar means a large debris flow of mostly volcanic material that is (A) often fast-moving; and (B) a hazard in watersheds downstream of volcanic peaks. (7) LiDAR The term LiDAR means light detection and ranging. (8) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (9) State The term State means (A) a State; and (B) the District of Columbia. (10) State office The term State office means any unit of State government that handles the identification, mapping, assessment, and research of landslide hazards or responding to landslide events, including (A) a State geological survey office; (B) a State department of emergency response; and (C) a State department of transportation. (11) Territory The term territory means (A) the Commonwealth of Puerto Rico; (B) Guam; (C) American Samoa; (D) the Commonwealth of the Northern Mariana Islands; (E) the Federated States of Micronesia; (F) the Republic of the Marshall Islands; (G) the Republic of Palau; and (H) the United States Virgin Islands. ( Pub. L. 116323,  2 Jan. 5, 2021 134 Stat. 5075  Statutory Notes and Related Subsidiaries Short Title Pub. L. 116323,  1 Jan. 5, 2021 134 Stat. 5075 This Act [enacting this chapter] may be cited as the National Landslide Preparedness Act.  3102. National Landslide Hazards Reduction Program (a) Establishment The Secretary shall establish a program, to be known as the National Landslide Hazards Reduction Program (referred to in this section as the program) (1) to identify and understand landslide hazards and risks; (2) to reduce losses from landslides; (3) to protect communities at risk of landslide hazards; and (4) to help improve communication and emergency preparedness, including by coordinating with communities and entities responsible for infrastructure that are at risk of landslide hazards. (b) Description of program (1) Program activities The Secretary, in coordination with the Interagency Coordinating Committee on Landslide Hazards established by subsection (c)(1) (referred to in this section as the Committee) and in coordination with existing activities of the United States Geological Survey and other Federal agencies, shall (A) identify, map, assess, and research landslide hazards; (B) respond to landslide events; and (C) in coordination with State offices, units of local government, territories, and Indian tribes (i) establish working groups with State offices, units of local government, territories, and Indian tribes to identify regional and local priorities for researching, identifying, mapping, and assessing landslide hazards; and (ii) develop and implement landslide hazard guidelines for (I) geologists; (II) geological and geotechnical engineers; (III) emergency management personnel; and (IV) land use and other decisionmakers. (2) National strategy Not later than 1 year after January 5, 2021 (A) goals and priorities for the program; (B) priorities for data acquisition, research, communications, and risk management on landslides and landslide hazards across relevant Federal agencies; and (C) a detailed interagency plan, which shall take into consideration national disaster preparedness, response, and recovery frameworks, to carry out the national strategy, including details about the programs, projects, and budgets that will be used to implement the national strategy. (3) National landslide hazards database In carrying out the program, the Secretary, in coordination with State offices, units of local government, territories, and Indian tribes, shall develop and maintain a publicly accessible national landslide hazard and risk inventory database to compile, maintain, standardize, and evaluate data regarding (A) landslide hazards and risks; (B) the impact of landslides on (i) health and safety; (ii) the economy and infrastructure; and (iii) the environment; (C) landslide hazard stabilization; and (D) reduction of losses from landslides. (4) Landslide hazard and risk preparedness for communities In carrying out the program, the Secretary, in coordination with the Secretary of the Army, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of Transportation, and the heads of other relevant Federal agencies, and in consultation with State offices, units of local government, territories, and Indian tribes, shall develop and disseminate (A) landslide planning and risk reduction guidance, guidelines, maps, tools, and training materials to help inform State, territorial, local, and Tribal governments and decisionmakers with respect to (i) the use and implementation of landslide hazard assessments; (ii) the applied use of the database developed under paragraph (3); (iii) reducing losses from landslides; and (iv) resources available for communities working to improve landslide hazard preparedness; and (B) landslide preparedness curricula and training modules for (i) State, territorial, local, and Tribal officials; (ii) Federal, State, territorial, local, and Tribal emergency managers; and (iii) the National Guard. (5) Debris flow early warning system In carrying out the program, the Secretary, in coordination with the Secretary of Commerce and the Secretary of Homeland Security, shall expand the early warning system for debris flow by (A) expanding the early warning system for post-wildfire debris flow to include recently burned areas across the western United States; (B) developing procedures with State, territorial, local, and Tribal governments to monitor stormwater drainage in areas with high debris flow risk; and (C) identifying high-risk debris flow areas, such as recently burned land and potential lahar hazard areas. (6) Emergency response activities In carrying out the program, the Secretary, in coordination with the Secretary of Commerce, the Secretary of Homeland Security, the heads of other relevant Federal agencies, States offices, units of local government, territories, and Indian tribes, shall establish and support emergency response procedures for the rapid deployment of Federal scientists, equipment, and services to areas impacted by a significant landslide event (A) to support emergency response efforts and improve the safety of emergency responders; (B) to improve data collection; and (C) to conduct research to advance the understanding of the causes, impacts, and reduction of landslide hazards and risks. (c) Interagency Coordinating Committee on Landslide Hazards (1) In general There is established a committee, to be known as the Interagency Coordinating Committee on Landslide Hazards. (2) Membership The Committee shall be composed of the following members (or their designees): (A) The Secretary, who shall serve as Chairperson of the Committee. (B) The Secretary of Agriculture. (C) The Secretary of the Army. (D) The Secretary of Commerce. (E) The Secretary of Homeland Security. (F) The Secretary of Transportation. (G) The Director of the National Science Foundation. (H) The Director of the Office of Science and Technology Policy. (I) The Director of the Office of Management and Budget. (3) Meetings The Committee shall meet at the call of the Chairperson. (4) Purpose and duties The Committee shall (A) advise and oversee the program; (B) facilitate communication and coordination across Federal agencies in the planning, management, budgeting, and execution of landslide activities; and (C) support the development and execution of the national strategy under subsection (b)(2), including by (i) supporting the development of national goals and priorities for the national strategy; (ii) articulating Federal agency roles, responsibilities, and resources for carrying out the national strategy; and (iii) overseeing the implementation of the national strategy. (d) Advisory Committee (1) In general The Secretary shall establish an advisory committee, to be known as the Advisory Committee on Landslides (referred to in this subsection as the Advisory Committee). (2) Membership The Advisory Committee shall be composed of not fewer than 11 members (A) of whom none may be an individual described in any of subparagraphs (A) through (F) of section 7342(a)(1) of title 5 (B) who shall be representatives of (i) States, including State geological organizations; (ii) territories, including territorial geological organizations; (iii) Indian tribes, including Tribal geological organizations; (iv) research institutions and institutions of higher education that are qualified (I) to provide advice regarding landslide hazard and risk reduction; and (II) to represent related scientific, architectural, engineering, and planning disciplines; (v) industry standards development organizations; and (vi) State, territorial, local, and Tribal emergency management agencies. (3) Recommendations (A) In general The Advisory Committee shall submit to the Committee recommendations for the implementation of the program, including recommendations regarding (i) landslide hazard and risk reduction and planning; (ii) tools for communities; (iii) research; and (iv) such other topics as the Advisory Committee determines appropriate. (B) Consideration The Secretary and the agency heads described in subparagraphs (B) through (I) of subsection (c)(2) shall take into consideration any recommendation of the Advisory Committee submitted under subparagraph (A). (e) Grant programs (1) Cooperative landslide hazard mapping and assessment program (A) In general Subject to appropriations, the Secretary may (i) provide grants, on a competitive basis, to State, territorial, local, and Tribal governments to research, map, assess, and collect data on landslide hazards within the jurisdictions of those governments; and (ii) accept and use funds received from other Federal and non-Federal partners to advance the purposes of the program. (B) Priority (i) In general The Secretary shall consult annually with the Committee, States, units of local government, territories, and Indian tribes to establish priorities for the grant program under this paragraph. (ii) Funding prioritization In providing grants under this paragraph, the Secretary shall give priority to projects (I) that will achieve the greatest landslide hazard and risk reduction; (II) that reflect the goals and priorities of the national strategy established under subsection (b)(2)(A); (III) not less than 50 percent of the total cost of which is matched by non-Federal sources; and (IV) that include acquisition of enhanced elevation data consistent with the 3D Elevation Program. (C) Requirement If the Secretary elects to provide grants under subparagraph (A)(i), the Secretary shall publish on a publicly available website a description of (i) the grants; and (ii) the findings made from those grants. (2) National landslide research grants (A) In general To advance the goals and priorities of the national strategy established under subsection (b)(2)(A), subject to appropriations, the Director of the National Science Foundation (referred to in this paragraph as the Director) may provide grants to eligible entities for landslide research, including research on (i) the causes, mechanisms, triggers, hydrology, and geology of landslides; (ii) ways to reduce landslide hazards and risks to minimize loss of life and property, including landslide hazard and risk communication, perception, decisionmaking, tools, and technologies; and (iii) other goals and priorities of the national strategy established under subsection (b)(2)(A). (B) Eligible entities The Director shall determine whether an entity is eligible to receive a grant under this paragraph. (C) Requirements In providing grants under this paragraph, the Director shall (i) ensure that the grants are provided on a competitive basis; (ii) consider grant applications submitted by eligible entities that have developed the application in partnership with 1 or more State geological surveys; and (iii) publish on a publicly available website a description of (I) the grants; and (II) the findings made from those grants. (f) Biennial report Through calendar year 2030, the Secretary shall submit to Congress a biennial report, including a description of, with respect to the 2-calendar-year period preceding the date of the report (1) the goals and accomplishments of the Committee in carrying out the national strategy developed under subsection (b)(2); (2) the results of the activities of the Committee under this section; and (3) the extent to which any recommendations of the Advisory Committee under subsection (d)(3)(A) have been implemented. (g) Significant events Not later than 1 year after a significant landslide event in the United States (including territories) occurs, the Secretary shall publish on a publicly available website (1) a description of the landslide event and the implications of the event on communities, including life and property; (2) recommendations on how the identification of the landslide risk could have been improved prior to the event; (3) a description of the effectiveness of any warning and risk communication, including the dissemination of warnings by State, territorial, local, and Tribal partners in the affected area; (4) recommendations to improve risk identification, reduction, and communication to landowners and units of local government; (5) recommendations to improve landslide hazard preparedness and emergency response activities under this section; and (6) such other findings as the Secretary determines appropriate. (h) Funding For each of fiscal years 2021 through 2024 (1) there is authorized to be appropriated to the United States Geological Survey, $25,000,000 to carry out this section; (2) there is authorized to be appropriated to the National Science Foundation, $11,000,000 to carry out this section; and (3) there is authorized to be appropriated to the National Oceanic and Atmospheric Administration, $1,000,000 to carry out this section. (i) Derivation of funds Funds to carry out the activities under this section shall be derived from amounts authorized to be appropriated that are enacted after the date of the enactment of this section. ( Pub. L. 116323,  3 Jan. 5, 2021 134 Stat. 5076  3103. Ground subsidence  As the Secretary determines to be appropriate and subject to appropriations, the Secretary, through existing programs, shall advance the identification, mapping, research, and monitoring of subsidence and groundwater resource accounting, particularly in areas affected by drought. ( Pub. L. 116323,  4 Jan. 5, 2021 134 Stat. 5081  3104. 3D elevation program (a) Establishment of 3D Elevation Program (1) In general The Secretary shall establish a program, to be known as the 3D Elevation Program (A) to provide 3D elevation data coverage for the United States; (B) to coordinate and facilitate the collection, dissemination, and use of 3D elevation data among Federal departments and agencies and non-Federal entities; (C) to produce standard, publicly accessible 3D elevation data products for the United States; and (D) to promote the collection, dissemination, and use of 3D elevation data among Federal, State, local, and Tribal governments, communities, institutions of higher education, and the private sector through (i) cooperative agreements; (ii) the development and maintenance of spatial data infrastructure to provide quality control and deliver to the public 3D elevation data products; (iii) in coordination with the 3D Elevation Federal Interagency Coordinating Committee established under subsection (b), States, and industry and standards bodies, the development of standards and guidelines for 3D elevation data acquisition to increase accessibility to 3D elevation data in a standard, easy-to-use format; and (iv) the identification, assessment, and adoption of emerging technologies to improve the accuracy and efficiency of the 3D Elevation Program. (2) Management (A) In general The Secretary shall manage the 3D Elevation Program (i) to ensure efficiency with respect to related activities of the Department of the Interior and other participating Federal departments and agencies; and (ii) to meet the needs of Department of the Interior programs, stakeholders, and the public. (B) Other Federal departments and agencies The head of each Federal department and agency involved in the acquisition, production, distribution, or application of 3D elevation data shall (i) coordinate with the 3D Elevation Federal Interagency Coordinating Committee established under subsection (b) to acquire additional, enhanced 3D elevation data; (ii) submit to the Secretary a description of priority areas of interest for 3D elevation data collection for use in providing grants and cooperative agreements under subsection (d); (iii) implement policies and procedures for data acquisition and sharing that are consistent with standards and guidelines developed under the 3D Elevation Program; (iv) participate in, and share the results and benefits of, the 3D Elevation Program, in accordance with standards and guidelines developed under the 3D Elevation Program; and (v) ensure that any 3D elevation data acquired with Federal grant funding (I) meets 3D Elevation Program standards; and (II) is included in the national holdings of those data. (b) 3D Elevation Federal Interagency Coordinating Committee (1) Establishment The Secretary, in coordination with the Secretary of Commerce and the Secretary of Homeland Security, shall establish an interagency coordinating committee, to be known as the 3D Elevation Federal Interagency Coordinating Committee (referred to in this subsection as the Committee), to better coordinate 3D elevation data management across the Federal Government. (2) Membership The Committee shall be composed of the following members (or their designees): (A) The Secretary, who shall serve as Chairperson of the Committee. (B) The Secretary of Agriculture. (C) The Secretary of Commerce. (D) The Secretary of Homeland Security. (E) The Director of the National Science Foundation. (F) The Director of the Office of Science and Technology Policy. (G) The Director of the Office of Management and Budget. (H) The head of any other Federal department or agency, at the request of the Secretary. (3) Coordination The Committee shall coordinate, as appropriate, with the existing activities of (A) the 3D Elevation Program Executive Forum; (B) the Alaska Mapping Executive Committee; (C) the 3D Elevation Working Group; (D) the 3D National Elevation Subcommittee; and (E) State offices. (4) Meetings The Committee shall meet at the call of the Chairperson. (5) Duties The Committee shall (A) oversee the planning, management, and coordination of the 3D Elevation Program; and (B) develop, by not later than 1 year after January 5, 2021 (i) a strategic plan that establishes goals and priorities for activities carried out under the 3D Elevation Program; and (ii) a detailed management plan to implement the strategic plan. (c) Subcommittee of National Geospatial Advisory Committee (1) Establishment (A) In general The Secretary shall establish, within the National Geospatial Advisory Committee, a subcommittee (referred to in this subsection as the Subcommittee). (B) Membership The Subcommittee shall (i) consist of not fewer than 11 members, of whom none may be a Federal officer or employee; and (ii) include representatives of (I) research and academic institutions; (II) industry standards development organizations; (III) units of State and local government; and (IV) the private sector. (2) Duties (A) Assessment The Subcommittee shall conduct an assessment of (i) trends and developments in (I) the collection, dissemination, and use of 3D elevation data; and (II) science and technology relating to 3D elevation data; (ii) the effectiveness of the 3D Elevation Program in carrying out the activities described in subsection (a)(1); (iii) the need to revise or reorganize the 3D Elevation Program; and (iv) the management, coordination, implementation, and activities of the 3D Elevation Program. (B) Report Not later than 1 year after January 5, 2021 (i) the findings of the assessment under subparagraph (A); and (ii) recommendations of the Subcommittee based on those findings, if any. (d) Grants and cooperative agreements (1) In general The Secretary may make grants and enter into cooperative agreements with other Federal departments and agencies, units of State, local, or Tribal government, institutions of higher education, nonprofit research institutions, or other organizations to facilitate the improvement of nationwide coverage of 3D elevation data. (2) Applications To be eligible to receive a grant or enter into a cooperative agreement under this subsection, an entity described in paragraph (1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Terms and conditions A grant or cooperative agreement under this subsection shall be subject to such terms and conditions as the Secretary determines to be appropriate, including making data publically available and interoperable with other Federal datasets. (e) Funding For each of fiscal years 2021 through 2024, there is authorized to be appropriated to the Secretary $40,000,000 to carry out this section. (f) Derivation of funds Funds to carry out the activities under this section shall be derived from amounts authorized to be appropriated to the Secretary that are enacted after January 5, 2021 ( Pub. L. 116323,  5 Jan. 5, 2021 134 Stat. 5081 CHAPTER 50 WESTERN WATER INFRASTRUCTURE    Sec.  3201. Authorizations of appropriations.  3202. Water storage, groundwater storage, and conveyance projects.  3203. Small water storage and groundwater storage projects.  3204. Critical maintenance and repair.  3205. Competitive grant program for large-scale water recycling and reuse program.  3206. Drought contingency plan funding requirements.  3207. Multi-benefit projects to improve watershed health.  3208. Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects.  3201. Authorizations of appropriations There are authorized to be appropriated to the Secretary of the Interior, acting through the Commissioner of Reclamation (referred to in this chapter as the Secretary), for the period of fiscal years 2022 through 2026 (1) $1,150,000,000 for water storage, groundwater storage, and conveyance projects in accordance with section 3202 of this title section 3203 of this title (2) $3,200,000,000 for the Aging Infrastructure Account established by subsection (d)(1) of section 510b of this title (A) $100,000,000 shall be made available for Bureau of Reclamation reserved or transferred works that have suffered a critical failure, in accordance with section 3204(a) of this title (B) $100,000,000 shall be made available for the rehabilitation, reconstruction, or replacement of a dam in accordance with section 3204(b) of this title (3) $1,000,000,000 for rural water projects that have been authorized by an Act of Congress before July 1, 2021 43 U.S.C. 2401 (4) $1,000,000,000 for water recycling and reuse projects, of which (A) $550,000,000 shall be made available for water recycling and reuse projects authorized in accordance with the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h (i) authorized or approved for construction funding by an Act of Congress before November 15, 2021 (ii) selected for funding under the competitive grant program authorized pursuant to section 1602(f) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(f) 43 U.S.C. 390b Public Law 114322 43 U.S.C. 390h(g)(2) (B) $450,000,000 shall be made available for large-scale water recycling and reuse projects in accordance with section 3205 of this title (5) $250,000,000 for water desalination projects and studies authorized in accordance with the Water Desalination Act of 1996 ( 42 U.S.C. 10301 Public Law 104298 (A) authorized or approved for construction funding by an Act of Congress before July 1, 2021 (B) selected for funding under the program authorized pursuant to section 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 Public Law 104298 43 U.S.C. 390b Public Law 114322 42 U.S.C. 10301 Public Law 104298 (6) $500,000,000 for the safety of dams program, in accordance with the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 506 (7) $400,000,000 for WaterSMART grants in accordance with section 10364 of title 42 section 10362 of title 42 (8) subject to section 3206 of this title Public Law 11614 133 Stat. 850 (9) $100,000,000 to provide financial assistance for watershed management projects in accordance with subtitle A of title VI of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 1015 (10) $250,000,000 for design, study, and construction of aquatic ecosystem restoration and protection projects in accordance with section 2330c of title 33 (11) $100,000,000 for multi-benefit projects to improve watershed health in accordance with section 3207 of this title (12) $50,000,000 for endangered species recovery and conservation programs in the Colorado River Basin in accordance with (A)  Public Law 106392 114 Stat. 1602 (B) the Grand Canyon Protection Act of 1992 ( Public Law 102575 106 Stat. 4669 (C) subtitle E of title IX of the Omnibus Public Land Management Act of 2009 ( Public Law 11111 123 Stat. 1327 ( Pub. L. 11758, div. D, title IX,  40901 Nov. 15, 2021 135 Stat. 1116  Editorial Notes  References in Text This chapter, referred to in introductory provisions, was in the original this title, meaning title IX of div. D of Pub. L. 11758 Pub. L. 11758 The Reclamation Rural Water Supply Act of 2006, referred to in par. (3), is title I of Pub. L. 109451 Dec. 22, 2006 120 Stat. 3346 section 2401 of this title The Reclamation Wastewater and Groundwater Study and Facilities Act, referred to in par. (4)(A), is title XVI of Pub. L. 102575 Oct. 30, 1992 106 Stat. 4663 section 390h of this title Section 40908, referred to in par. (5)(B), is section 40908 of Pub. L. 11758 Nov. 15, 2021 135 Stat. 1126 section 4(a) of Pub. L. 104298 section 10301 of Title 42 The Reclamation Safety of Dams Act of 1978, referred to in par. (6), is Pub. L. 95578 Nov. 2, 1978 92 Stat. 2471 section 506 of this title The Colorado River Drought Contingency Plan Authorization Act, referred to in par. (8), is Pub. L. 11614 Apr. 16, 2019 133 Stat. 850 The Omnibus Public Land Management Act of 2009, referred to in pars. (9) and (12)(C), is Pub. L. 11111 Mar. 30, 2009 123 Stat. 991 The Grand Canyon Protection Act of 1992, referred to in par. (12)(B), is Pub. L. 102575, title XVIII Oct. 30, 1992 106 Stat. 4669 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. 11758 section 18851 of Title 42  3202. Water storage, groundwater storage, and conveyance projects (a) Eligibility for funding (1) Feasibility studies (A) In general A feasibility study shall only be eligible for funding under section 3201(1) of this title (i) the feasibility study has been authorized by an Act of Congress before November 15, 2021 (ii) Congress has approved funding for the feasibility study in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b Public Law 114322 November 15, 2021 (iii) the feasibility study is authorized under subparagraph (B). (B) Feasibility study authorizations The Secretary may carry out feasibility studies for the following projects: (i) The Verde Reservoirs Sediment Mitigation Project in the State of Arizona. (ii) The Tualatin River Basin Project in the State of Oregon. (2) Construction A project shall only be eligible for construction funding under section 3201(1) of this title (A) an Act of Congress enacted before November 15, 2021 (B) Congress has approved funding for construction of the project in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b Public Law 114322 November 15, 2021 (i) Congress did not approve the recommendation of the Secretary for funding under subsection (h)(2) of that section for at least 1 fiscal year before November 15, 2021 (ii) State funding for the project was rescinded by the State before November 15, 2021 (C) (i) Congress has authorized or approved funding for a feasibility study for the project in accordance with clause (i) or (ii) of paragraph (1)(A) (except that projects described in clauses (i) and (ii) of subparagraph (B) shall not be eligible); and (ii) on completion of the feasibility study for the project, the Secretary (I) finds the project to be technically and financially feasible in accordance with the reclamation laws; (II) determines that sufficient non-Federal funding is available for the non-Federal cost share of the project; and (III) (aa) finds the project to be in the public interest; and (bb) recommends the project for construction. (b) Cost-sharing requirement (1) In general The Federal share (A) for a project authorized by an Act of Congress shall be determined in accordance with that Act; (B) for a project approved by Congress in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b Public Law 114322 (C) for a project not described in subparagraph (A) or (B) (i) in the case of a federally owned project, shall not exceed 50 percent of the total cost of the project; and (ii) in the case of a non-Federal project, shall not exceed 25 percent of the total cost of the project. (2) Federal benefits Before funding a project under this section, the Secretary shall determine that, in return for the Federal investment in the project, at least a proportionate share of the benefits are Federal benefits. (3) Reimbursability The reimbursability of Federal funding of projects under this section shall be in accordance with the reclamation laws. (c) Environmental laws In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 ( Pub. L. 11758, div. D, title IX,  40902 Nov. 15, 2021 135 Stat. 1118  Editorial Notes  References in Text The Water Infrastructure Improvements for the Nation Act, referred to in subsec. (b)(1)(B), is Pub. L. 114322 Dec. 16, 2016 130 Stat. 1628 section 2201 of Title 33 The National Environmental Policy Act of 1969, referred to in subsec. (c), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 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. 11758 section 18851 of Title 42  3203. Small water storage and groundwater storage projects (a) Establishment of a competitive grant program for small water storage and groundwater storage projects The Secretary shall establish a competitive grant program, under which the non-Federal project sponsor of any project in a Reclamation State, including the State of Alaska or Hawaii, determined by the Secretary to be feasible under subsection (b)(2)(B) shall be eligible to apply for funding for the planning, design, and construction of the project. (b) Eligibility and selection (1) Submission to the Secretary (A) In general A non-Federal project sponsor described in subsection (a) may submit to the Secretary a proposal for a project eligible to receive a grant under this section in the form of a completed feasibility study. (B) Eligible projects A project shall be considered eligible for consideration for a grant under this section if the project (i) has water storage capacity of not less than 200 acre-feet and not more than 30,000 acre-feet; and (ii) (I) increases surface water or groundwater storage; or (II) conveys water, directly or indirectly, to or from surface water or groundwater storage. (C) Guidelines Not later than 60 days after November 15, 2021 (2) Review by the Secretary The Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of determining whether (A) the feasibility study, and the process under which the study was developed, each comply with Federal laws (including regulations) applicable to feasibility studies of small storage projects; (B) the project is technically and financially feasible, in accordance with (i) the guidelines developed under paragraph (1)(C); and (ii) the reclamation laws; and (C) the project provides a Federal benefit, as determined by the Secretary. (3) Submission to Congress Not later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes (A) the results of the review of the study by the Secretary under paragraph (2), including a determination of whether the project is feasible and provides a Federal benefit; (B) any recommendations that the Secretary may have concerning the plan or design of the project; and (C) any conditions the Secretary may require for construction of the project. (4) Eligibility for funding (A) In general The non-Federal project sponsor of any project determined by the Secretary to be feasible under paragraph (3)(A) shall be eligible to apply to the Secretary for a grant to cover the Federal share of the costs of planning, designing, and constructing the project pursuant to subsection (c). (B) Required determination Prior to awarding grants to a small storage project, the Secretary shall determine whether there is sufficient non-Federal funding available to complete the project. (5) Priority In awarding grants to projects under this section, the Secretary shall give priority to projects that meet 1 or more of the following criteria: (A) Projects that are likely to provide a more reliable water supply for States, Indian Tribes, and local governments, including subdivisions of those entities. (B) Projects that are likely to increase water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies. (C) Projects that are regional in nature. (D) Projects with multiple stakeholders. (E) Projects that provide multiple benefits, including water supply reliability, ecosystem benefits, groundwater management and enhancements, and water quality improvements. (c) Ceiling on Federal share The Federal share of the costs of each of the individual projects selected under this section shall not exceed the lesser of (1) 25 percent of the total project cost; or (2) $30,000,000. (d) Environmental laws In providing funding for a grant for a project under this section, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (e) Termination of authority The authority to carry out this section terminates on the date that is 5 years after November 15, 2021 ( Pub. L. 11758, div. D, title IX,  40903 Nov. 15, 2021 135 Stat. 1119 Pub. L. 117328, div. CC,  105 Dec. 29, 2022 136 Stat. 5574  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (d), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 2022Subsec. (b)(1)(B)(i). Pub. L. 117328 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. 11758 section 18851 of Title 42  3204. Critical maintenance and repair (a) Critical failure at a reserved or transferred work (1) In general A reserved or transferred work shall only be eligible for funding under section 3201(2)(A) of this title (A) construction of the reserved or transferred work began on or before January 1, 1915 (B) a unit of the reserved or transferred work suffered a critical failure in Bureau of Reclamation infrastructure during the 2-year period ending on November 15, 2021 (2) Use of funds Rehabilitation, repair, and replacement activities for a transferred or reserved work using amounts made available under section 3201(2)(A) of this title (3) Nonreimbursable funds Notwithstanding section 510b(b) of this title section 3201(2)(A) of this title (b) Carey Act projects The Secretary shall use amounts made available under section 3201(2)(B) of this title (1) the construction of which began on or after January 1, 1905 (2) that was developed pursuant to section 4 of the Act of August 18, 1894 43 U.S.C. 641 28 Stat. 422 (3) that the Governor of the State in which the dam is located has (A) determined the dam has reached its useful life; (B) determined the dam poses significant health and safety concerns; and (C) requested Federal support; and (4) for which the estimated rehabilitation, reconstruction, or replacement, engineering, and permitting costs would exceed $50,000,000. ( Pub. L. 11758, div. D, title IX,  40904 Nov. 15, 2021 135 Stat. 1121  Editorial Notes  References in Text The Carey Act, referred to in subsec. (b)(2), is Aug. 18, 1894, ch. 301,  4 28 Stat. 422 section 641 of this title 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. 11758 section 18851 of Title 42  3205. Competitive grant program for large-scale water recycling and reuse program (a) Definitions In this section: (1) Eligible entity The term eligible entity means (A) a State, Indian Tribe, municipality, irrigation district, water district, wastewater district, or other organization with water or power delivery authority; (B) a State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; or (C) an agency established under State law for the joint exercise of powers or a combination of entities described in subparagraphs (A) and (B). (2) Eligible project The term eligible project means a project described in subsection (c). (3) Program The term program means the grant program established under subsection (b). (4) Reclamation State The term Reclamation State means a State or territory described in the first section of the Act of June 17, 1902 43 U.S.C. 391 32 Stat. 388 (b) Establishment The Secretary shall establish a program to provide grants to eligible entities on a competitive basis for the planning, design, and construction of large-scale water recycling and reuse projects that provide substantial water supply and other benefits to the Reclamation States in accordance with this section. (c) Eligible project A project shall be eligible for a grant under this section if the project (1) reclaims and reuses (A) municipal, industrial, domestic, or agricultural wastewater; or (B) impaired groundwater or surface water; (2) has a total estimated cost of $500,000,000 or more; (3) is located in a Reclamation State; (4) is constructed, operated, and maintained by an eligible entity; and (5) provides a Federal benefit in accordance with the reclamation laws. (d) Project evaluation The Secretary may provide a grant to an eligible project under the program if (1) the eligible entity determines through the preparation of a feasibility study or equivalent study, and the Secretary concurs, that the eligible project (A) is technically and financially feasible; (B) provides a Federal benefit in accordance with the reclamation laws; and (C) is consistent with applicable Federal and State laws; (2) the eligible entity has sufficient non-Federal funding available to complete the eligible project, as determined by the Secretary; (3) the eligible entity is financially solvent, as determined by the Secretary; and (4) not later than 30 days after the date on which the Secretary concurs with the determinations under paragraph (1) with respect to the eligible project, the Secretary submits to Congress written notice of the determinations. (e) Priority In providing grants to eligible projects under the program, the Secretary shall give priority to eligible projects that meet 1 or more of the following criteria: (1) The eligible project provides multiple benefits, including (A) water supply reliability benefits for drought-stricken States and communities; (B) fish and wildlife benefits; and (C) water quality improvements. (2) The eligible project is likely to reduce impacts on environmental resources from water projects owned or operated by Federal and State agencies, including through measurable reductions in water diversions from imperiled ecosystems. (3) The eligible project would advance water management plans across a multi-State area, such as drought contingency plans in the Colorado River Basin. (4) The eligible project is regional in nature. (5) The eligible project is collaboratively developed or supported by multiple stakeholders. (f) Federal assistance (1) Federal cost share The Federal share of the cost of any project provided a grant under the program shall not exceed 25 percent of the total cost of the eligible project. (2) Total dollar cap The Secretary shall not impose a total dollar cap on Federal contributions for all eligible individual projects provided a grant under the program. (3) Nonreimbursable funds Any funds provided by the Secretary to an eligible entity under the program shall be considered nonreimbursable. (4) Funding eligibility An eligible project shall not be considered ineligible for assistance under the program because the eligible project has received assistance under (A) the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h (B) section 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 Public Law 104298 (C) section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) (g) Environmental laws In providing a grant for an eligible project under the program, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (h) Guidance Not later than 1 year after November 15, 2021 (i) Reports (1) Annual report At the end of each fiscal year, the Secretary shall make available on the website of the Department of the Interior an annual report that lists each eligible project for which a grant has been awarded under this section during the fiscal year. (2) Comptroller general (A) Assessment The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under this section. (B) Report Not later than 1 year after the date of the initial award of grants under this section, the Comptroller General shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes (i) the adequacy and effectiveness of the process by which each eligible project was selected, if applicable; and (ii) the justification and criteria used for the selection of each eligible project, if applicable. (j) Treatment of conveyance The Secretary shall consider the planning, design, and construction of a conveyance system for an eligible project to be eligible for grant funding under the program. (k) Termination of authority The authority to carry out this section terminates on the date that is 5 years after November 15, 2021 ( Pub. L. 11758, div. D, title IX,  40905 Nov. 15, 2021 135 Stat. 1122  Editorial Notes  References in Text The Reclamation Wastewater and Groundwater Study and Facilities Act, referred to in subsec. (f)(4)(A), is title XVI of Pub. L. 102575 Oct. 30, 1992 106 Stat. 4663 section 390h of this title The National Environmental Policy Act of 1969, referred to in subsec. (g), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 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. 11758 section 18851 of Title 42  3206. Drought contingency plan funding requirements (a) In general Funds made available under section 3201(8) of this title (1) to establish or conserve recurring Colorado River water that contributes to supplies in Lake Mead and other Colorado River water reservoirs in the Lower Colorado River Basin; or (2) to improve the long-term efficiency of operations in the Lower Colorado River Basin. (b) Limitation None of the funds made available under section 3201(8) of this title (c) Effect Nothing in section 3201(8) of this title ( Pub. L. 11758, div. D, title IX,  40906 Nov. 15, 2021 135 Stat. 1124  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. 11758 section 18851 of Title 42  3207. Multi-benefit projects to improve watershed health (a) Definition of eligible applicant In this section, the term eligible applicant means (1) a State; (2) a Tribal or local government; (3) an organization with power or water delivery authority; (4) a regional authority; or (5) a nonprofit conservation organization. (b) Establishment of competitive grant program Not later than 1 year after November 15, 2021 (1) Ecosystem benefits. (2) Restoration of native species. (3) Mitigation against the impacts of climate change to fish and wildlife habitats. (4) Protection against invasive species. (5) Restoration of aspects of the natural ecosystem. (6) Enhancement of commercial, recreational, subsistence, or Tribal ceremonial fishing. (7) Enhancement of river-based recreation. (c) Requirements (1) In general In awarding a grant to an eligible applicant under subsection (b), the Secretary (A) shall give priority to an eligible applicant that would carry out a habitat restoration project that achieves more than 1 of the benefits described in that subsection; and (B) may not provide a grant to carry out a habitat restoration project the purpose of which is to meet existing environmental mitigation or compliance obligations under Federal or State law. (2) Compliance A habitat restoration project awarded a grant under subsection (b) shall comply with all applicable Federal and State laws. (d) Cost-sharing requirement The Federal share of the cost of any habitat restoration project that is awarded a grant under subsection (b) (1) shall not exceed 50 percent of the cost of the habitat restoration project; or (2) in the case of a habitat restoration project that provides benefits to ecological or recreational values in which the nonconsumptive water conservation benefit or habitat restoration benefit accounts for at least 75 percent of the cost of the habitat restoration project, as determined by the Secretary, shall not exceed 75 percent of the cost of the habitat restoration project. ( Pub. L. 11758, div. D, title IX,  40907 Nov. 15, 2021 135 Stat. 1125  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. 11758 section 18851 of Title 42  3208. Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects (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 (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. 11758, 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. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 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. 11758 section 18851 of Title 42