dreamproit/uscode huggingface dataset:
43 U.S.C. § 2009 (PUBLIC LANDS)
§ 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, other than subsection (w)(2) of such section.
(Pub. L. 95–617, title V, § 509, Nov. 9, 1978, 92 Stat. 3162.)
43 U.S.C. § 2010 (PUBLIC LANDS)
§ 2010. Negotiations with Government of Canada
With respect to any crude oil transportation system approved under section 2007(a) of this title all or any part of which is to be located in Canada, the President of the United States is authorized and requested to enter into negotiations with the Government of Canada to determine what measures can be taken to expedite the granting of approvals by the Government of Canada for construction or operation of such system, and he is authorized and requested to explore the possibility of further exchanges of crude oil supplies between the United States and Canada.
(Pub. L. 95–617, title V, § 510, Nov. 9, 1978, 92 Stat. 3163.)
43 U.S.C. § 2011 (PUBLIC LANDS)
§ 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) of this section.
(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, concerning the approval or disapproval of a crude oil transportation system or the issuance of necessary rights-of-way, permits, leases, and other authorizations for the construction, operation, and maintenance of the Long Beach-Midland project or a crude oil transportation system approved under section 2007(a) of this title may only be brought within 60 days after the date on which notification of the action or decision of such officer is published in the Federal Register, or in newspapers of general circulation in the areas affected, whichever is later.
(c) Jurisdiction of courts
An action under subsection (b) of this section 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 or the Long Beach-Midland project, except as part of a final judgment entered in a case involving a claim filed pursuant to this section.
(Pub. L. 95–617, title V, § 511, Nov. 9, 1978, 92 Stat. 3163; Pub. L. 98–620, title IV, § 402(45), Nov. 8, 1984, 98 Stat. 3360.)
heading: Amendments
text: 1984—Subsec. (c). Pub. L. 98–620 struck out provision that any such proceeding had to be assigned for hearing at the earliest possible date and had to be expedited by the court.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as a note under section 1657 of Title 28, Judiciary and Judicial Procedure.
heading: Definitions
text: The definition of “State” in section 2602 of Title 16, Conservation, applies to this section.
43 U.S.C. § 2012 (PUBLIC LANDS)
§ 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, and not to exceed $1,000,000 for the fiscal year ending on September 30, 1979.
(Pub. L. 95–617, title V, § 512, Nov. 9, 1978, 92 Stat. 3164.)
43 U.S.C. § 2101 (PUBLIC LANDS)
§ 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. 100–298, § 2, Apr. 28, 1988, 102 Stat. 432.)
heading: Short Title
text: Pub. L. 100–298, § 1, Apr. 28, 1988, 102 Stat. 432, provided that: “This Act [enacting this chapter] may be cited as the ‘Abandoned Shipwreck Act of 1987’.”
43 U.S.C. § 2102 (PUBLIC LANDS)
§ 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 470a of title 16;
(c) the terms “public lands”, “Indian lands”, and “Indian tribe” have the same meaning given the terms in the Archaeological Resource 1 Protection Act of 1979 (16 U.S.C. 470aa–470ll);
(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; and
(4) of the Commonwealth of the Northern Mariana Islands, as described in section 801 of Public Law 94–241.2
(Pub. L. 100–298, § 3, Apr. 28, 1988, 102 Stat. 432.)
heading: References in Text
text: The Archaeological Resource Protection Act of 1979, referred to in subsec. (c), is Pub. L. 96–95, Oct. 31, 1979, 93 Stat. 721, as amended, which is classified generally to chapter 1B (§ 470aa et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 470aa of Title 16 and Tables.
Section 801 of Public Law 94–241, referred to in subsec. (f)(4), probably means section 801 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as contained in section 1 of Pub. L. 94–241, Mar. 24, 1976, 90 Stat. 263, which is set out as a note under section 1801 of Title 48, Territories and Insular Possessions.
43 U.S.C. § 2103 (PUBLIC LANDS)
§ 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 title I of the National Historic Preservation Act, for the study, interpretation, protection, and preservation of historic shipwrecks and properties.
(Pub. L. 100–298, § 4, Apr. 28, 1988, 102 Stat. 433.)
heading: References in Text
text: The National Historic Preservation Act, referred to in subsec. (b), is Pub. L. 89–665, Oct. 15, 1966, 80 Stat. 915, as amended. Title I of the Act is classified generally to sections 470a, 470b, and 470c to 470h–3 of Title 16, Conservation. For complete classification of this Act to the Code, see section 470(a) of Title 16 and Tables.
43 U.S.C. § 2104 (PUBLIC LANDS)
§ 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, prepare and publish guidelines in the Federal Register which shall seek to:
(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. 100–298, § 5, Apr. 28, 1988, 102 Stat. 433.)
43 U.S.C. § 2105 (PUBLIC LANDS)
§ 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) of this section.
(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. 100–298, § 6, Apr. 28, 1988, 102 Stat. 433.)
43 U.S.C. § 2106 (PUBLIC LANDS)
§ 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 applies.
(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. 100–298, § 7, Apr. 28, 1988, 102 Stat. 434.)
43 U.S.C. § 2201 (PUBLIC LANDS)
§ 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) and Acts supplementary thereto and amendatory thereof.
(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 et seq.].
(Pub. L. 102–250, § 2, Mar. 5, 1992, 106 Stat. 53.)
heading: References in Text
text: Act of June 17, 1902, referred to in par. (2), 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 this title. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
The Small Reclamation Projects Act of 1956, referred to in par. (3), is act Aug. 6, 1956, ch. 972, 70 Stat. 1044, as amended, which is classified generally to subchapter IV (§ 422a et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see section 422k of this title and Tables.
heading: Short Title
text: Pub. L. 102–250, § 1, Mar. 5, 1992, 106 Stat. 53, provided that: “This Act [enacting this chapter] may be cited as the ‘Reclamation States Emergency Drought Relief Act of 1991’.”
43 U.S.C. § 2213 (PUBLIC LANDS)
§ 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, That the Secretary shall not approve any loan unless the applicant can demonstrate an ability to repay such loan within the term of the loan: Provided further, That for all loans approved by the Secretary under the authority of this section, the interest rate shall be the rate determined by the Secretary of the Treasury based on average market yields on outstanding marketable obligations of the United States with periods to maturity comparable to the repayment period of the loan. The repayment period for loans issued under this section shall not exceed fifteen years. The repayment period for such loans shall begin when the loan is executed. Sections 390cc(a) and 390tt of this title and sections 105 and 106 of Public Law 99–546 shall not apply to any contract to repay such loan. The Secretary shall notify the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives in writing of any loan which the Secretary intends to approve not less than thirty days prior to granting final approval.
(Pub. L. 102–250, title I, § 103, Mar. 5, 1992, 106 Stat. 55; Pub. L. 103–437, § 16(a)(6), Nov. 2, 1994, 108 Stat. 4594.)
heading: References in Text
text: Sections 105 and 106 of Public Law 99–546, referred to in text, are sections 105 and 106 of Pub. L. 99–546, title I, Oct. 27, 1986, 100 Stat. 3051, 3052, relating to the automatic adjustment of rates for contracts for delivery of water from the Central Valley project in California, and provisions of such contracts requiring repayment by project water contractors of any deficits in payments of operation and maintenance costs, respectively, and are not classified to the Code.
heading: Amendments
text: 1994—Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
heading: Termination of Authorities
text: For provisions directing that authorities established under this subchapter shall terminate ten years after Mar. 5, 1992, see section 2214(c) of this title.
43 U.S.C. § 2214 (PUBLIC LANDS)
§ 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) of this section 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) of this section.
(c) Termination of authority
The authorities established under this subchapter shall terminate on September 30, 2012.
(Pub. L. 102–250, title I, § 104, Mar. 5, 1992, 106 Stat. 56; Pub. L. 106–566, title II, § 201(a), Dec. 23, 2000, 114 Stat. 2820; Pub. L. 109–234, title II, § 2306(a), June 15, 2006, 120 Stat. 456; Pub. L. 111–212, title I, § 404(a), July 29, 2010, 124 Stat. 2313.)
heading: Amendments
text: 2010—Subsec. (c). Pub. L. 111–212 substituted “September 30, 2012” for “September 30, 2010”.
2006—Subsec. (c). Pub. L. 109–234 substituted “September 30, 2010” for “September 30, 2005”.
2000—Subsec. (a). Pub. L. 106–566, § 201(a)(1), inserted “and in the State of Hawaii” after “Reclamation State”.
Subsec. (c). Pub. L. 106–566, § 201(a)(2), substituted “on September 30, 2005” for “ten years after March 5, 1992”.
43 U.S.C. § 2215 (PUBLIC LANDS)
§ 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 of this chapter.
(b) Report
Not later than one year after December 23, 2000, the Secretary shall submit to the Congress a report and recommendations on the advisability of providing financial assistance for the development of drought contingency plans in all entities that are eligible to receive assistance under subchapter II of this chapter.
(Pub. L. 102–250, title I, § 105, as added Pub. L. 106–566, title II, § 201(b), Dec. 23, 2000, 114 Stat. 2820.)
43 U.S.C. § 2221 (PUBLIC LANDS)
§ 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. 102–250, title II, § 201, Mar. 5, 1992, 106 Stat. 56.)
43 U.S.C. § 2222 (PUBLIC LANDS)
§ 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. 102–250, title II, § 202, Mar. 5, 1992, 106 Stat. 56.)