dreamproit/uscode huggingface dataset:
43 U.S.C. § 2008 (PUBLIC LANDS)
§ 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 or of the Long Beach-Midland project, and he shall submit any such proposed waiver to both Houses of the Congress. The provisions so identified shall be waived with respect to actions to be taken to construct or operate such system or project only upon enactment of a joint resolution within the first period of 60 calendar days of continuous session of Congress beginning on the date of receipt by the House of Representatives and the Senate of such proposal.
(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 such provisions of law to the House of Representatives and the Senate. Rules and procedures for consideration of any such joint resolution shall be governed by section 719f(c) and (d) of title 15, other than paragraph (2) of section 719f(d) of title 15, except that for the purposes of this subsection, the phrase “a waiver of provisions of law” shall be substituted in section 719f(d) of title 15 each place where the phrase “an Alaska natural gas transportation system” appears.
(Pub. L. 95–617, title V, § 508, Nov. 9, 1978, 92 Stat. 3162.)
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: The definition of “antitrust laws” in section 2602 of Title 16, Conservation, applies to this section.
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.)
heading: Editorial Notes
heading: References in Text
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. 95–617, which was approved Nov. 9, 1978.
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).
(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) 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: Editorial Notes
heading: References in Text
text: The date this chapter becomes effective, referred to in subsec. (c), means the date of enactment of title V of Pub. L. 95–617, which was approved Nov. 9, 1978.
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: Statutory Notes and Related Subsidiaries
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. § 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: Statutory Notes and Related Subsidiaries
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 101 of the National Historic Preservation Act (16 U.S.C. 470a); 1
(c) the terms “public lands”, “Indian lands”, and “Indian tribe” have the same meaning given the terms in the Archaeological Resource 2 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 94–241.1
(Pub. L. 100–298, § 3, Apr. 28, 1988, 102 Stat. 432.)
heading: Editorial Notes
heading: References in Text
text: Section 101 of the National Historic Preservation Act (16 U.S.C. 470a), referred to in subsec. (b), is section 101 of Pub. L. 89–665, which was repealed and restated as chapters 3021 to 3027 and sections 302902(a), 302903(a), 302904 to 302909, 303902, 303903, and 306101(b) and (c) of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272.
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 chapter 3029 of title 54, for the study, interpretation, protection, and preservation of historic shipwrecks and properties.
(Pub. L. 100–298, § 4, Apr. 28, 1988, 102 Stat. 433.)
heading: Editorial Notes
heading: Codification
text: In subsec. (b), “chapter 3029 of title 54” substituted for “title I of the National Historic Preservation Act” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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) 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, 2020.
(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; Pub. L. 113–76, div. D, title II, § 206, Jan. 17, 2014, 128 Stat. 164; Pub. L. 115–141, div. D, title II, § 203(a), Mar. 23, 2018, 132 Stat. 519.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (c). Pub. L. 115–141 substituted “2020” for “2017”.
2014—Subsec. (c). Pub. L. 113–76 substituted “2017” for “2012”.
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. § 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: Editorial Notes
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, which is classified generally to sections 661 to 666c–1 of Title 16, Conservation. For complete classification of this Act to the Code, see section 661(a) of Title 16, Short Title note set out under section 661 of Title 16, and Tables.
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: Statutory Notes and Related Subsidiaries
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 $120,000,000 in total for the period of fiscal years 2006 through 2020.
(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; Pub. L. 113–235, div. D, title II, § 204, Dec. 16, 2014, 128 Stat. 2311; Pub. L. 115–141, div. D, title II, § 203(b), Mar. 23, 2018, 132 Stat. 519.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–141 substituted “$120,000,000” for “$90,000,000” and “2020” for “2017”.
2014—Pub. L. 113–235 substituted “2017” for “2012”.
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”.