dreamproit/uscode huggingface dataset:
43 U.S.C. § 2223 (PUBLIC LANDS)
§ 2223. Plan elements
(a) Plan provisions
Elements of the contingency plans prepared pursuant to section 2222 of this title may include, but are not limited to, any or all of the following:
(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, and the Fish and Wildlife Coordination Act [16 U.S.C. 661 et seq.], and shall be in accordance with applicable State law.
(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. 102–250, title II, § 203, Mar. 5, 1992, 106 Stat. 57.)
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (d), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The Fish and Wildlife Coordination Act, referred to in subsec. (d), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which is classified generally to sections 661 to 666c of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 661 of Title 16 and Tables.
43 U.S.C. § 2224 (PUBLIC LANDS)
§ 2224. Recommendations
(a) Approval
The Secretary shall submit each plan prepared pursuant to section 2222 of this title to the Congress, together with the Secretary’s recommendations, including recommendations for authorizing legislation, if needed.
(b) Pacific Northwest region
A contingency plan under subsection (a) of this section 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. 102–250, title II, § 204, Mar. 5, 1992, 106 Stat. 57.)
43 U.S.C. § 2225 (PUBLIC LANDS)
§ 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 and to make loans for nonstructural and minor structural activities for the prevention or mitigation of the adverse effects of drought.
(Pub. L. 102–250, title II, § 205, Mar. 5, 1992, 106 Stat. 58.)
43 U.S.C. § 2226 (PUBLIC LANDS)
§ 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, and the District of Columbia, Puerto Rico, the Republic of the Marshall Islands, the Federated States of Micronesia, the Trust Territory of the Pacific Islands, and upon termination of the Trusteeship, the Republic of Palau, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
(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 50–50 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. 102–250, title II, § 206, Mar. 5, 1992, 106 Stat. 58.)
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
43 U.S.C. § 2241 (PUBLIC LANDS)
§ 2241. Authorization of appropriations
Except as otherwise provided in section 2243 of this title (relating to temperature control devices at Shasta Dam, California), there is authorized to be appropriated not more than $90,000,000 in total for the period of fiscal years 2006 through 2012.
(Pub. L. 102–250, title III, § 301, Mar. 5, 1992, 106 Stat. 58; Pub. L. 104–206, title II, Sept. 30, 1996, 110 Stat. 2992; Pub. L. 106–60, title II, Sept. 29, 1999, 113 Stat. 488; Pub. L. 106–377, § 1(a)(2) [title II], Oct. 27, 2000, 114 Stat. 1441, 1441A–67; Pub. L. 107–66, title II, Nov. 12, 2001, 115 Stat. 498; Pub. L. 108–7, div. D, title II, Feb. 20, 2003, 117 Stat. 144; Pub. L. 108–137, title II, Dec. 1, 2003, 117 Stat. 1847; Pub. L. 109–234, title II, § 2306(b), June 15, 2006, 120 Stat. 457; Pub. L. 111–212, title I, § 404(b), July 29, 2010, 124 Stat. 2314.)
heading: Amendments
text: 2010—Pub. L. 111–212 substituted “through 2012” for “through 2010”.
2006—Pub. L. 109–234 substituted “the period of fiscal years 2006 through 2010” for “fiscal years 1992, 1993, 1994, 1995, 1996, 1999, 2000, 2001, 2002, 2003, and 2004”.
2003—Pub. L. 108–137 substituted “2003, and 2004” for “and 2003”.
Pub. L. 108–7 substituted “2002, and 2003” for “and 2002”.
2001—Pub. L. 107–66 substituted “2001, and 2002” for “and 2001”.
2000—Pub. L. 106–377 substituted “2000, and 2001” for “and 2000”.
1999—Pub. L. 106–60 substituted “1999, and 2000” for “and 1997”.
1996—Pub. L. 104–206 substituted “1996, and 1997” for “and 1996”.
43 U.S.C. § 2242 (PUBLIC LANDS)
§ 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 Secretary’s other obligations.
(Pub. L. 102–250, title III, § 302, Mar. 5, 1992, 106 Stat. 58.)
43 U.S.C. § 2243 (PUBLIC LANDS)
§ 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. 102–250, title III, § 303, Mar. 5, 1992, 106 Stat. 58.)
43 U.S.C. § 2244 (PUBLIC LANDS)
§ 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. 102–250, title III, § 304, Mar. 5, 1992, 106 Stat. 59.)
43 U.S.C. § 2245 (PUBLIC LANDS)
§ 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), for the impounding, storage, and carriage of nonproject water for domestic, municipal, fish and wildlife, industrial, and other beneficial purposes using any facilities associated with the Central Valley Project, Cachuma Project, and the Ventura River Project, California, the Truckee Storage Project, and the Washoe Project, California and Nevada. The Secretary is further authorized to enter into contracts for the exchange of water for the aforementioned purposes using facilities associated with the Cachuma Project, California.
(Pub. L. 102–250, title III, § 305, Mar. 5, 1992, 106 Stat. 59.)
heading: References in Text
text: Act of February 21, 1911, referred to in text, is act Feb. 21, 1911, ch. 141, 36 Stat. 925, popularly known as the Warren Act, which enacted sections 523 to 525 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 523 of this title and Tables.
43 U.S.C. § 2302 (PUBLIC LANDS)
§ 2302. Definitions
In this chapter:
(1) Exceptional resource
The term “exceptional resource” means a resource of scientific, natural, historic, cultural, or 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) of this title) that on July 25, 2000, was within the boundary of—
(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, 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) an area of the National Forest System designated for special management by an Act of Congress; 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 et seq.);
(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 et seq.); or
(iv) a component of the National Trails System under the National Trails System Act (16 U.S.C. 1241 et seq.).
(3) 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.
(4) Public land
The term “public land” means public lands (as defined in section 1702 of this title).
(5) Secretary
The term “Secretary” means the Secretary of the Interior.
(Pub. L. 106–248, title II, § 203, July 25, 2000, 114 Stat. 614.)
heading: References in Text
text: The Wilderness Act, referred to in par. (2)(E)(i), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (§ 1131 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of Title 16 and Tables.
The Wild and Scenic Rivers Act, referred to in par. (2)(E)(iii), is Pub. L. 90–542, Oct. 2, 1968, 82 Stat. 906, as amended, which is classified generally to chapter 28 (§ 1271 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1271 of Title 16 and Tables.
The National Trails System Act, referred to in par. (2)(E)(iv), is Pub. L. 90–543, Oct. 2, 1968, 82 Stat. 919, as amended, which is classified generally to chapter 27 (§ 1241 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1241 of Title 16 and Tables.
43 U.S.C. § 2303 (PUBLIC LANDS)
§ 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, and periodically thereafter, the Secretary and the Secretary of Agriculture shall provide public notice of the procedures referred to in subsection (a) of this section, including any information necessary for the consideration of an inholding under section 2305 of this title. Such notice shall include publication in the Federal Register and by such other means as the Secretary and the Secretary of Agriculture determine to be appropriate.
(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) of this section; 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. 106–248, title II, § 204, July 25, 2000, 114 Stat. 615.)
43 U.S.C. § 2304 (PUBLIC LANDS)
§ 2304. Disposal of public land
(a) In general
The Secretary shall establish a program, using funds made available under section 2305 of this title, to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans (as in effect on July 25, 2000) under section 1712 of this title.
(b) Sale of public land
(1) In general
The sale of public land so identified shall be conducted in accordance with sections 1713 and 1719 of this title.
(2) Exceptions to competitive bidding requirements
The exceptions to competitive bidding requirements under section 1713(f) of this title shall apply to this section in cases in which the Secretary determines it to be necessary.
(c) Report in Public Land Statistics
The Secretary shall provide in the annual publication of Public Land Statistics, a report of activities under this section.
(d) Termination of authority
The authority provided under this section shall terminate 11 years after July 25, 2000.
(Pub. L. 106–248, title II, § 205, July 25, 2000, 114 Stat. 615; Pub. L. 111–212, title III, § 3007(a), July 29, 2010, 124 Stat. 2339.)
heading: Amendments
text: 2010—Subsec. (d). Pub. L. 111–212 substituted “11 years” for “10 years”.
43 U.S.C. § 2306 (PUBLIC LANDS)
§ 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 96–568 1 (commonly known as the “Santini-Burton Act”) (94 Stat. 3381); or
(2) the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2343).
(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 et seq.); or
(2) the Federal Land Exchange Facilitation Act of 1988 (102 Stat. 1086) or the amendments made by that Act.
(d) No new right or benefit
Nothing in this chapter 1 creates a right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, its officers, or any other person.
(Pub. L. 106–248, title II, § 207, July 25, 2000, 114 Stat. 617.)
heading: References in Text
text: Public Law 96–568 (commonly known as the “Santini-Burton Act”) (94 Stat. 3381), referred to in subsec. (b)(1), probably means Pub. L. 96–586, Dec. 23, 1980, 94 Stat. 3381, which repealed sections 467a and 467a–1 of Title 16, Conservation and enacted provisions set out as notes under sections 461 and 467a of Title 16. For complete classification of this Act to the Code, see Tables.
The Southern Nevada Public Land Management Act of 1998, referred to in subsec. (b)(2), is Pub. L. 105–263, Oct. 19, 1998, 112 Stat. 2343, which amended section 460ccc–1 of Title 16, Conservation, and section 6901 of Title 31, Money and Finance, and enacted provisions set out as a note under section 6901 of Title 31. For complete classification of this Act to the Code, see Short Title of 1998 Amendment note set out under section 6901 of Title 31 and Tables.
The Federal Land Policy and Management Act of 1976, referred to in subsec. (c)(1), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.
The Federal Land Exchange Facilitation Act of 1988, referred to in subsec. (c)(2), is Pub. L. 100–409, Aug. 20, 1988, 102 Stat. 1086, as amended, which enacted section 1723 of this title, amended section 1716 of this title and sections 505a, 505b, and 521b of Title 16, Conservation, and enacted provisions set out as notes under sections 751 and 1716 of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 1701 of this title and Tables.
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. 106–248, which enacted this chapter, to reflect the probable intent of Congress.
43 U.S.C. § 2402 (PUBLIC LANDS)
§ 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 and subsequently authorized by Congress.
(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, the Secretary shall, consistent with this subchapter, develop and publish in the Federal Register criteria for—
(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, a town or community with a population in excess of 50,000 inhabitants in an area served by a rural water supply project if, at the discretion of the Secretary, the town or community is considered to be a critical partner in the rural supply project.
(Pub. L. 109–451, title I, § 103, Dec. 22, 2006, 120 Stat. 3347.)