dreamproit/uscode huggingface dataset:
16 U.S.C. § 835 (CONSERVATION)
§ 835. Project authorized; laws applicable
In addition to the primary purposes for which the Grand Coulee Dam project (hereafter to be known as the Columbia Basin project and herein called the “project”) was authorized under the provisions of the Act of August 30, 1935 (49 Stat. 1028), the project is authorized and reauthorized as a project subject to the Reclamation Project Act of 1939; and the provisions of each of those two Acts together with the provisions of this Act shall govern the repayment of expenditures and the construction, operation, and maintenance of the works constructed as a part of the project.
(May 27, 1937, ch. 269, § 1, 50 Stat. 208; Mar. 10, 1943, ch. 14, 57 Stat. 14.)
heading: Editorial Notes
heading: References in Text
text: Act of August 30, 1935 (49 Stat. 1028), referred to in text, is act Aug. 30, 1935, ch. 831, 49 Stat. 1028, which act, by section 2, authorized the construction of the Grand Coulee Dam.
The Reclamation Project Act of 1939, referred to in text, is act Aug. 4, 1939, ch. 418, 53 Stat. 1187, which is classified generally to sections 375a, 387 to 389, 485 to 485h, and 485i to 485k of Title 43, Public Lands. For complete classification of this Act to the Code, see section 485k of Title 43 and Tables.
Those two Acts, referred to in text, refer to the act of Aug. 30, 1935, and to the Reclamation Project Act of 1939. See notes above.
This Act, referred to in text, is act May 27, 1937, ch. 269, as amended generally by act Mar. 10, 1943, ch. 14, 57 Stat. 14, known as The Columbia Basin Project Act, which enacted this section, sections 835a to 835c–5 of this title, and provisions set out as a note under this section. For complete classification of this Act to the Code, see Short Title note set out under this section and Tables.
heading: Amendments
text: 1943—Act Mar. 10, 1943, amended section generally.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Act May 27, 1937, ch. 269, § 11, as added by Mar. 10, 1943, ch. 14, 57 Stat. 20, provided that: “This Act [enacting this section, sections 835a to 835c–5 of this title, and provisions set out as a note below] may be cited as ‘The Columbia Basin Project Act’.”
heading: Separability
text: Act May 27, 1937, ch. 269, § 10, as added by Mar. 10, 1943, ch. 14, 57 Stat. 20, provided that: “If any provision of this Act [see Short Title note above] or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.”
heading: Transfer of Functions
text: 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)(E), (3) of Title 42, The Public Health and Welfare, and are to be exercised by Secretary through a separate Administration within Department of Energy.
16 U.S.C. § 835–1 (CONSERVATION)
§ 835–1. Laws governing
The Columbia Basin project shall be governed by the Federal reclamation laws, being the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto.
(Pub. L. 87–728, § 3, Oct. 1, 1962, 76 Stat. 678.)
heading: Editorial Notes
heading: References in Text
text: Act of June 17, 1902 (32 Stat. 388), referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables.
heading: Codification
text: Section is derived from part of section 3 of Pub. L. 87–728. Remainder of such section amended section 835c of this title, and repealed sections 835a, 835b, 835c–3, and 835c–5 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: 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)(E), (3) of Title 42, The Public Health and Welfare, and are to be exercised by Secretary through a separate Administration within Department of Energy.
16 U.S.C. § 835c–2 (CONSERVATION)
§ 835c–2. Authorization of appropriations; establishment of Columbia Basin Land Development Account
There are authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such moneys as may be necessary to carry out the provisions of this Act, to be reimbursable to the extent required by this Act. All revenues received in carrying out the provisions of section 4 hereof [16 U.S.C. 835c] shall be covered into the General Treasury as miscellaneous receipts. Amounts equal to appropriated funds requisitioned by the Secretary and made available for disbursement on the books of the Treasurer of the United States shall be debited in a special account in the Treasury, to be known as the Columbia Basin Land Development Account. Amounts equal to revenues covered into the General Treasury as miscellaneous receipts shall be credited in said special account. After such credits equal the amount of the debits with interest thereon at the rate of 3 per centum per annum from the respective dates of the debits, additional credits in said special account shall be made by the Secretary, in the manner determined by him, the basis of corresponding credits to the construction cost obligations of the district or districts entering into contracts for the repayment thereof.
(May 27, 1937, ch. 269, § 6, as added Mar. 10, 1943, ch. 14, 57 Stat. 19; amended Pub. L. 87–728, § 6(b), Oct. 1, 1962, 76 Stat. 679.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is act May 27, 1937, ch. 269, as amended generally by act Mar. 10, 1943, ch. 14, 57 Stat. 14, known as The Columbia Basin Project Act, which enacted this section, sections 835, 835a to 835c–1, and 835c–3 to 835c–5 of this title, and provisions set out as a note under section 835 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 835 of this title and Tables.
heading: Amendments
text: 1962—Pub. L. 87–728 substituted “for the repayment thereof” for “under section 835a of this title”.
16 U.S.C. § 835c–3 (CONSERVATION)
§ 835c–3. Repealed. Pub. L. 87–728, § 3, Oct. 1, 1962, 76 Stat. 678
text: Section, act May 27, 1937, ch. 269, § 7, as added Mar. 10, 1943, ch. 14, 57 Stat. 20; amended Sept. 27, 1950, ch. 1060, 64 Stat. 1074, related to the consent of the State of Washington to the provisions of sections 835 and 835a to 835c–5 of this title, and to the effect of constitutional limitations.
16 U.S.C. § 835c–4 (CONSERVATION)
§ 835c–4. General powers of Secretary of the Interior; delegation to authorized representatives
The Secretary is authorized to perform such acts, to make such rules and regulations, and to include in contracts relating to the Columbia Basin project such provisions as he deems proper for carrying out the provisions of this Act; and in connection with sales or exchanges under the Act, he is authorized to effect conveyances without regard to the law governing the patenting of public lands. Wherever in this Act functions, powers, or duties are conferred upon the Secretary, said functions, powers, or duties may be performed, exercised, or discharged by his duly authorized representatives.
(May 27, 1937, ch. 269, § 8, as added Mar. 10, 1943, ch. 14, 57 Stat. 20; amended Pub. L. 87–728, § 6(c), Oct. 1, 1962, 76 Stat. 679.)
heading: Editorial Notes
heading: References in Text
text: This Act and the Act, referred to in text, are references to act May 27, 1937, ch. 269, as amended generally by act Mar. 10, 1943, ch. 14, 57 Stat. 14, known as The Columbia Basin Project Act, which enacted this section, sections 835, 835a to 835c–3, and 835c–5 of this title, and provisions set out as a note under section 835 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 835 of this title and Tables.
heading: Amendments
text: 1962—Pub. L. 87–728 substituted “contracts relating to the Columbia Basin project” for “the contracts hereinbefore provided for”.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: 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)(E), (3) of Title 42, The Public Health and Welfare, and are to be exercised by Secretary through a separate Administration within Department of Energy.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 835c–5 (CONSERVATION)
§ 835c–5. Repealed. Pub. L. 87–728, § 3, Oct. 1, 1962, 76 Stat. 678
text: Section, act May 27, 1937, ch. 269, § 9, as added Mar. 10, 1943, ch. 14, 57 Stat. 20, related to the consent of the Government to the sale of school and public lands of the State of Washington.
16 U.S.C. § 835e (CONSERVATION)
§ 835e. Payment for lands acquired from Spokane and Colville Reservations
As lands or interests in lands are designated from time to time under sections 835d to 835h of this title, the Secretary of the Interior shall determine the amount of money to be paid to the Indians as just and equitable compensation therefor. As to the tribal lands, the amounts so determined shall be transferred in the Treasury of the United States from the funds now or hereafter made available for the construction of the Columbia Basin project to the credit of the appropriate tribe pursuant to the provisions of section 155 of title 25. The amounts due individual landowners or their heirs or devisees shall be paid from funds now or hereafter made available for the construction of said project to the superintendent of the Colville Indian Agency or such other officer as shall be designated by the Secretary of the Interior for credit on the books of said agency to the accounts of the individuals concerned.
(June 29, 1940, ch. 460, § 2, 54 Stat. 703; May 27, 1937, ch. 269, § 1, 50 Stat. 208; Mar. 10, 1943, ch. 14, 57 Stat. 14.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Act May 27, 1937, as amended by act Mar. 10, 1943, changed name of project from “Grand Coulee Dam” to “Columbia Basin”.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 835f (CONSERVATION)
§ 835f. Use of funds deposited to allottees; land and improvements
Funds deposited to the credit of allottees, their heirs or devisees may be used in the discretion of the Secretary of the Interior, for the acquisition of other lands and improvements, or the relocation of existing improvements or construction of new improvements on the lands so acquired for the allottees or heirs whose lands and improvements are acquired under the provisions of sections 835d to 835h of this title. Lands so acquired shall be held in the same status as those from which the funds were derived, and shall be nontaxable until otherwise provided by Congress.
(June 29, 1940, ch. 460, § 3, 54 Stat. 703.)
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 835g (CONSERVATION)
§ 835g. Relocation of Indian cemeteries
As to any Indian cemetery lands required for the project, the Secretary of the Interior is authorized, in his discretion, in lieu of requiring payment therefor, to establish cemeteries on other lands that he may select and acquire for the purpose, and to remove bodies, markers, and other appurtenances to the new sites. All costs incurred in connection with any such relocation shall be paid from moneys appropriated for the project. All right, title, and interest of the Indians in the lands within any cemetery so relocated shall terminate and the grant of title under sections 835d to 835h of this title take effect as of the date the Secretary of the Interior authorizes the relocation. Sites of the relocated cemeteries shall be held in trust by the United States for the Spokane or Colville Tribe, as the case may be, and shall be nontaxable.
(June 29, 1940, ch. 460, § 4, 54 Stat. 703.)
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 835h (CONSERVATION)
§ 835h. Acts and regulations by Secretary of the Interior
The Secretary of the Interior is authorized to perform any and all acts and to prescribe such regulations as he may deem appropriate to carry out the provisions of sections 835d to 835g of this title.
(June 29, 1940, ch. 460, § 5, 54 Stat. 704.)
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 835i (CONSERVATION)
§ 835i. Contracts with State of Washington for maintenance and operation of fish hatcheries
In connection with fish hatcheries built or to be built as a part of the fish-protection program required on the Columbia Basin Dam project, the Secretary of the Interior is authorized to contract with the State of Washington for the maintenance and operation of any of them at the expense of said State.
(Oct. 9, 1940, ch. 794, 54 Stat. 1085; May 27, 1937, ch. 269, § 1, 50 Stat. 208; Mar. 10, 1943, ch. 14, 57 Stat. 14.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Act May 27, 1937, as amended by act Mar. 10, 1943, changed name of project from “Grand Coulee Dam” to “Columbia Basin”.
16 U.S.C. § 835k (CONSERVATION)
§ 835k. Return of construction costs from marketing revenues in event of inability of irrigation water users to repay within repayment period and lack of other sources of revenue
Subject to the provisions of section 835l of this title, that portion of the construction cost of any project hereafter authorized to be constructed, operated, and maintained by the Secretary of the Interior under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) within the Pacific Northwest which, though allocated to irrigation, is beyond the ability of the irrigation water users to repay within the repayment period prescribed by law for that project and cannot be returned within the same period from other project sources of revenue shall be charged to and returned within that period from net revenues derived from the marketing of commercial power and energy through the Federal Columbia River power system, unless otherwise provided by law. As used in this section, the term “Pacific Northwest” has the meaning ascribed to it in section 837 of this title.
(Pub. L. 89–448, § 2(a), formerly § 2, June 14, 1966, 80 Stat. 200, renumbered and amended Pub. L. 89–561, § 6(1), (2), Sept. 7, 1966, 80 Stat. 714.)
heading: Editorial Notes
heading: References in Text
text: Act of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables.
heading: Codification
text: Section is comprised of second par. of section 2(a) of Pub. L. 89–448, as so designated by Pub. L. 89–561. First sentence of first par. of such section 2(a) is classified to section 835j of this title; second sentence of such first par. repealed section 832h(c) of this title; subsecs. (b) and (c) of section 2 are classified to sections 835l and 835m of this title, respectively.
heading: Amendments
text: 1966—Pub. L. 89–561, § 6(2), substituted “Subject to the provisions of section 835l of this title, that” for “That”.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: 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)(E), (3) of Title 42, The Public Health and Welfare, and are to be exercised by Secretary through a separate Administration within Department of Energy.
16 U.S.C. § 835l (CONSERVATION)
§ 835l. Congressional declaration of financial policy; limitations on assistance; analyses and studies; “net revenues” defined
It is declared to be the policy of the Congress that reclamation projects hereafter authorized in the Pacific Northwest to receive financial assistance from the Federal Columbia River power system shall receive such assistance only from the net revenues of that system as provided in this section, and that their construction shall be so scheduled that such assistance, together with similar assistance for previously authorized reclamation projects (including projects not now receiving such assistance for which the Congress may hereafter authorize financial assistance) will not cause increases in the rates and charges of the Bonneville Power Administration. It is further declared to be the policy of the Congress that the total assistance to all irrigation projects, both existing and future, in the Pacific Northwest shall not average more than $30,000,000 annually in any period of twenty consecutive years. Any analyses and studies authorized by the Congress for reclamation projects in the Pacific Northwest shall be prepared in accordance with the provisions of sections 835j to 835m of this title. As used in sections 835j to 835m of this title, the term “net revenues” means revenues as determined from time to time which are not required for the repayment of (1) all costs allocated to power at projects in the Pacific Northwest then existing or authorized, including the cost of acquiring power by purchase or exchange, and (2) presently authorized assistance from power to irrigation at projects in the Pacific Northwest existing and authorized prior to September 7, 1966.
(Pub. L. 89–448, § 2(b), as added Pub. L. 89–561, § 6(3), Sept. 7, 1966, 80 Stat. 714.)
heading: Editorial Notes
heading: Codification
text: Section is comprised of subsec. (b) of section 2 of Pub. L. 89–448, as added by Pub. L. 89–561. Subsecs. (a) and (c) of section 2 are classified to sections 835j and 835k, and 835m of this title, respectively.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Secretary of Energy by section 7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with Bonneville Power Administration to be preserved as a distinct organizational entity within Department of Energy and headed by an Administrator.
16 U.S.C. § 835m (CONSERVATION)
§ 835m. Recommendations for changes in limitations on financial assistance; time and frequency of submission
On December 20, 1974, and thereafter at intervals coinciding with anniversary dates of Federal Energy Regulatory Commission general review of the rates and charges of the Bonneville Power Administration, the Secretary of the Interior shall recommend to the Congress any changes in the dollar limitations herein placed upon financial assistance to Pacific Northwest reclamation projects that he believes justified by changes in the cost-price levels existing on July 1, 1966, or by other relevant changes of circumstances.
(Pub. L. 89–448, § 2(c), as added Pub. L. 89–561, § 6(3), Sept. 7, 1966, 80 Stat. 715; amended Pub. L. 95–91, title IV, § 402(a)(1)(B), Aug. 4, 1977, 91 Stat. 583.)
heading: Editorial Notes
heading: Codification
text: Section is comprised of subsec. (c) of section 2 of Pub. L. 89–448, as added by Pub. L. 89–561. Subsecs. (a) and (b) of section 2 are classified to sections 835j and 835k, and 835l of this title, respectively.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: “Federal Energy Regulatory Commission” substituted in text for “Federal Power Commission” pursuant to Pub. L. 95–91, § 402(a)(1)(B), which is classified to section 7172(a)(1)(B) of Title 42, The Public Health and Welfare.
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.
Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Secretary of Energy by section 7152(a)(1)(D), (2) of Title 42, with Bonneville Power Administration to be preserved as a distinct organizational entity within Department of Energy and headed by an Administrator.
16 U.S.C. § 836a (CONSERVATION)
§ 836a. Rules governing issuance of license
The license issued under the terms of this chapter shall be granted in conformance with Rules of Practice and Procedure of the Federal Energy Regulatory Commission, but in the event of any conflict, the provisions of this chapter shall govern in respect of the project herein authorized.
(Pub. L. 85–159, § 2, Aug. 21, 1957, 71 Stat. 402; Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: “Federal Energy Regulatory Commission” substituted for “Federal Power Commission” in subsecs. (a) and (b) pursuant to Pub. L. 95–91, § 402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare.
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.