dreamproit/uscode huggingface dataset:
43 U.S.C. § 387 (PUBLIC LANDS)
§ 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The Secretary, in his discretion, may (a) permit the removal, from lands or interests in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project, of sand,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, That removals may be permitted without charge if for use by a public agency in the construction of public roads or streets within any project or in its immediate vicinity; and (b) grant leases and licenses for periods not to exceed fifty years, and easements or rights-of-way with or without limitation as to period of time affecting lands or interest in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project: Provided, That, if a water users’ organization is under contract obligation for repayment on account of the project or division involved, easements or rights-of-way for periods in excess of twenty-five years shall be granted only upon prior written approval of the governing board of such organization. Such permits or grants shall be made only when, in the judgment of the Secretary, their exercise will not be incompatible with the purposes for which the lands or interests in lands are being administered, and shall be on such terms and conditions as in his judgment will adequately protect the interests of the United States and the project for which said lands or interests in lands are being administered.
(Aug. 4, 1939, ch. 418, § 10, 53 Stat. 1196; Aug. 18, 1950, ch. 752, 64 Stat. 463.)
heading: References in Text
text: The Federal reclamation laws, referred to in text, are defined in section 485a of this title.
heading: Amendments
text: 1950—Act Aug. 18, 1950, permitted Secretary to grant permanent easements or rights-of-way provided that no easement or right-of-way in excess of 25 years be granted unless there has been prior written approval by the governing board of that water users’ organization as may be under contract obligation for repayment on account of the project involved.
heading: Definitions
text: The definitions in section 485a of this title apply to this section.
43 U.S.C. § 388 (PUBLIC LANDS)
§ 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.)
heading: Definitions
text: The definitions in section 485a of this title apply to this section.
43 U.S.C. § 389 (PUBLIC LANDS)
§ 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.)
heading: Definitions
text: The definitions in section 485a of this title apply to this section.
43 U.S.C. § 390a (PUBLIC LANDS)
§ 390a. Repealed. Pub. L. 105–362, title IX, § 901(e)(2), Nov. 10, 1998, 112 Stat. 3289
text: Section, acts July 31, 1953, ch. 298, title I, 67 Stat. 266; Pub. L. 99–294, § 10, May 12, 1986, 100 Stat. 426, related to conditions precedent for construction of dams, reservoir, or water supply.
text: Provisions similar to those in this section were contained in act July 9, 1952, ch. 597, title I, 66 Stat. 451, prior to repeal by Pub. L. 105–362, title IX, § 901(e)(1), Nov. 10, 1998, 112 Stat. 3289.
43 U.S.C. § 390c (PUBLIC LANDS)
§ 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. 88–140, § 1, Oct. 16, 1963, 77 Stat. 249.)
43 U.S.C. § 390d (PUBLIC LANDS)
§ 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. 88–140, § 2, Oct. 16, 1963, 77 Stat. 249.)
43 U.S.C. § 390e (PUBLIC LANDS)
§ 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. 88–140, § 3, Oct. 16, 1963, 77 Stat. 249.)
43 U.S.C. § 390f (PUBLIC LANDS)
§ 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. 88–140, § 4, Oct. 16, 1963, 77 Stat. 250.)
43 U.S.C. § 390g (PUBLIC LANDS)
§ 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 (hereinafter referred to as “other Reclamation Act States”), as provided by sections 390g to 390g–8 of this title: Provided, That funds made available pursuant to sections 390g to 390g–8 of this title shall not be used for the study or construction of groundwater recharge demonstration projects in the High Plains States and other Reclamation Act States which would utilize water originating in the drainage basin of the Great Lakes. The Bureau shall consult with the United States Geological Survey and other appropriate agencies and departments of the United States and of the High Plains States and other Reclamation Act States in order to carry out sections 390g to 390g–8 of this title.
(Pub. L. 98–434, § 2, Sept. 28, 1984, 98 Stat. 1675.)
heading: Short Title
text: Pub. L. 98–434, § 1, Sept. 28, 1984, 98 Stat. 1675, provided: “That this Act [enacting sections 390g to 390g–8 of this title] may be cited as the ‘High Plains States Groundwater Demonstration Program Act of 1983’.”
43 U.S.C. § 390g–1 (PUBLIC LANDS)
§ 390g–1. 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, That contributions of such technical resources and assistance may be counted as part of the inkind services or other State contribution, but shall otherwise be provided without compensation to the State or local entity. This plan shall contain the selection of not less than a total of twelve demonstration project sites in High Plains States and not less than a total of nine demonstration project sites in other Reclamation Act States. Demonstration project sites shall be confined to areas having a declining water table, an available surface water supply, and a high probability of physical, chemical, and economic feasibility for recharge of the groundwater reservoir. The plan shall provide for demonstration of the application of recharge technology and the selection of water sources, determination of necessary physical works and the operation of water replacement systems, formulation of a monitoring program, identification of any economic, legal, intergovernmental, and environmental issues and projection of planning problems associated with such systems, and recommendation of legislative and administrative actions as may be necessary to carry out phase II.
(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. 98–434, § 3, Sept. 28, 1984, 98 Stat. 1675; Pub. L. 104–66, title I, § 1081(c), Dec. 21, 1995, 109 Stat. 721.)
heading: Amendments
text: 1995—Subsec. (d). Pub. L. 104–66 struck out subsec. (d) which read as follows: “Within twenty-four months after the date of enactment of an appropriation Act to carry out phase I, the Secretary shall transmit a report to Congress containing the recommendations made pursuant to subsection (b) of this section and a detailed statement of his findings and conclusions.”
43 U.S.C. § 390g–2 (PUBLIC LANDS)
§ 390g–2. 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) of this section.
(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) of this section and the study referred to in subsection (b) of this section.
(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) of this section;
(B) the results of the studies referred to in subsection (b) of this section;
(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 390g–1 of this title, the Secretary shall make additional recommendations for design, construction, and operation of demonstration projects. Such projects are authorized to be designed, constructed, and operated in accordance with subsection (a) of this section.
(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. 98–434, § 4, Sept. 28, 1984, 98 Stat. 1676; Pub. L. 102–575, title XXVI, § 2601(1), (2), Oct. 30, 1992, 106 Stat. 4689.)
heading: Amendments
text: 1992—Subsec. (c). Pub. L. 102–575 substituted “summary report” for “final report” in two places in introductory provisions of par. (2) and added pars. (3) to (5).
43 U.S.C. § 390g–3 (PUBLIC LANDS)
§ 390g–3. 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 390g–8 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 Secretary’s summary report to the Congress referred to in section 390g–2(c)(2) of this title.
(Pub. L. 98–434, § 5, Sept. 28, 1984, 98 Stat. 1676; Pub. L. 102–575, title XXVI, § 2601(1), Oct. 30, 1992, 106 Stat. 4689.)
heading: Amendments
text: 1992—Pub. L. 102–575 substituted “summary report” for “final report”.
43 U.S.C. § 390g–4 (PUBLIC LANDS)
§ 390g–4. Authorization of appropriations to carry out phase I
There is authorized to be appropriated $500,000 for fiscal years beginning after September 30, 1983, to carry out phase I. Amounts shall be made available pursuant to the authorization contained in this section in a single sum for all demonstration project sites, and it shall be within the discretion of the Secretary to apportion such sum among such sites.
(Pub. L. 98–434, § 6, Sept. 28, 1984, 98 Stat. 1677.)
43 U.S.C. § 390g–5 (PUBLIC LANDS)
§ 390g–5. Authorization of appropriations to carry out phase II
There is authorized to be appropriated for fiscal years beginning after September 30, 1983, $31,000,000 (October 1990 price levels) plus or minus such amounts, if any, as may be required by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein to carry out phase II. Amounts shall be made available pursuant to the authorization contained in this section in sums for individual projects based on findings of feasibility by the Secretary.
(Pub. L. 98–434, § 7, Sept. 28, 1984, 98 Stat. 1677; Pub. L. 102–575, title XXVI, § 2601(3), Oct. 30, 1992, 106 Stat. 4689.)
heading: Amendments
text: 1992—Pub. L. 102–575 substituted “$31,000,000 (October 1990 price levels) plus or minus such amounts, if any, as may be required by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein” for “$20,000,000 (October 1983 price levels)”.
43 U.S.C. § 390g–6 (PUBLIC LANDS)
§ 390g–6. Matching basis for funding phase II from non-Federal sources
The funds authorized to be appropriated pursuant to section 390g–5 of this title shall match on a four-to-one basis funds made available by the States, their political subdivisions, or other non-Federal entities to meet the cost of phase II: Provided, That, inkind services or other contributions by the States, their political subdivisions, or other non-Federal entities shall be considered in the determination of the matching non-Federal share. The Secretary is authorized to enter into memoranda of agreement with any appropriate agencies or departments of the High Plains States and other Reclamation Act States to share the costs of phase II.
(Pub. L. 98–434, § 8, Sept. 28, 1984, 98 Stat. 1677.)
43 U.S.C. § 390g–7 (PUBLIC LANDS)
§ 390g–7. New spending authority
Any new spending authority described in subsection (c)(2)(A) or (B) of section 651 1 of title 2 which is provided under sections 390g to 390g–8 of this title (or under any amendment made by sections 390g to 390g–8 of this title) shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.
(Pub. L. 98–434, § 9, Sept. 28, 1984, 98 Stat. 1677.)
heading: References in Text
text: Section 651 of title 2, referred to in text, was amended by Pub. L. 105–33, title X, § 10116(a)(3), (5), Aug. 5, 1997, 111 Stat. 691, by striking out subsec. (c) and redesignating former subsec. (d) as (c).
43 U.S.C. § 390g–8 (PUBLIC LANDS)
§ 390g–8. Interstate transfer of water from Arkansas
No funds authorized to be appropriated by sections 390g to 390g–8 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. 98–434, § 10, Sept. 28, 1984, 98 Stat. 1677.)