dreamproit/uscode huggingface dataset:
43 U.S.C. § 759 (PUBLIC LANDS)
§ 759. Survey for and by settlers in township
When the settlers in any township not mineral or reserved by the Government, or persons and associations lawfully possessed of coal lands and otherwise qualified to make entry thereof, or when the owners or grantees of public lands of the United States, under any law thereof, desire a survey made of the same under the authority of such agency as the Secretary of the Interior may designate and shall file an application therefor in writing, and shall deposit in a proper United States depository to the credit of the United States a sum sufficient to pay for such survey, together with all expenditures incident thereto, without cost or claim for indemnity on the United States, it shall be lawful for such agency, under such instructions as may be given by the Secretary of the Interior or such officer as he may designate, and in accordance with law, to survey such township or such public lands owned by said grantees of the Government, and make return therefor to the general and proper local land office: Provided, That no application shall be granted unless the township so proposed to be surveyed is within the range of the regular progress of the public surveys embraced by existing standard lines or bases for township and subdivisional surveys.
(R.S. § 2401; Aug. 20, 1894, ch. 302, § 1, 28 Stat. 423; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2401 derived from act May 30, 1862, ch. 86, § 10, 12 Stat. 410.
heading: Statutory Notes and Related Subsidiaries
heading: Abolition of Office of Surveyor General and Transfer of Functions
text: Act Mar. 3, 1925, abolished office of surveyor general and transferred administration of all activities in charge of surveyors general to Field Surveying Service under jurisdiction of United States Supervisor of Surveys.
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 under section 1451 of this title.
References to “the Field Surveying Service” changed to “such agency as the Secretary of the Interior may designate” and “such agency,”, respectively; and “Commissioner of the General Land Office” changed to “Secretary of the Interior or such officer as he may designate”, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
43 U.S.C. § 982 (PUBLIC LANDS)
§ 982. Grant to States to aid in construction of levees and drains
To enable the several States (but not including the States of Kansas, Nebraska, and Nevada) to construct the necessary levees and drains, to reclaim the swamp and overflowed lands therein—the whole of the swamp and overflowed lands, made unfit thereby for cultivation, and remaining unsold on or after the 28th day of September, A.D. 1850, are granted and belong to the several States respectively, in which said lands are situated: Provided, however, That said grant of swamp and overflowed lands, as to the States of California, Minnesota, and Oregon, is subject to the limitations, restrictions and conditions hereinafter named and specified in this chapter, as applicable to said three last-named States respectively.
(R.S. § 2479.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2479 derived from acts Sept. 28, 1850, ch. 84, §§ 1, 4, 9 Stat. 520; Mar. 12, 1860, ch. 5, § 1, 12 Stat. 3; Feb. 19, 1874, ch. 30, 18 Stat. 16.
heading: Statutory Notes and Related Subsidiaries
heading: Grants Not To Extend to Alaska
text: Land grant under Alaska Statehood provisions in lieu of grant of land under this section (declared not to extend to Alaska), see section 6(l) of Pub. L. 85–508, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions.
heading: Executive Documents
heading: Admission of Alaska as State
text: Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.
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: Executive Documents
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. § 3004 (PUBLIC LANDS)
§ 3004. National goal for renewable energy production on Federal land
(a) In general
Not later than September 1, 2022, the Secretary shall, in consultation with the Secretary of Agriculture and other heads of relevant Federal agencies, establish national goals for renewable energy production on Federal land.
(b) Minimum production goal
The Secretary shall seek to issue permits that, in total, authorize production of not less than 25 gigawatts of electricity from wind, solar, and geothermal energy projects by not later than 2025, through management of public lands and administration of Federal laws.
(Pub. L. 116–260, div. Z, title III, § 3104, Dec. 27, 2020, 134 Stat. 2516.)
43 U.S.C. § 3005 (PUBLIC LANDS)
§ 3005. Savings clause
Notwithstanding any other provision of this chapter, the Secretary of the Interior and the Secretary of Agriculture shall continue to manage public lands under the principles of multiple use and sustained yield in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), respectively, including for due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses, for the purposes of land use planning, permit processing, and conducting environmental reviews.
(Pub. L. 116–260, div. Z, title III, § 3106, Dec. 27, 2020, 134 Stat. 2517.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this subtitle”, meaning subtitle B (§§ 3101–3106) of title III of div. Z of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2513, which is classified principally to this chapter. For complete classification of subtitle B to the Code, see Tables.
The Federal Land Policy and Management Act of 1976, referred to in text, is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, 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 Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in text, is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified generally to subchapter I (§ 1600 et seq.) of chapter 36 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of Title 16 and Tables.
43 U.S.C. § 3101 (PUBLIC LANDS)
§ 3101. Definitions
In this chapter:
(1) 3D
The term “3D” means 3-dimensional.
(2) 3D elevation data
(A) In general
The term “3D elevation data” means 3D, high-resolution data obtained using LiDAR, IfSAR, or other methods over the United States (including territories).
(B) Inclusions
The term “3D elevation data” includes terrestrial and bathymetric elevation data.
(3) 3D elevation program
The term “3D Elevation Program” means the 3D Elevation Program established under section 3104(a) of this title.
(4) IfSAR
The term “IfSAR” means interferometric synthetic aperture radar.
(5) Indian tribe
The term “Indian tribe” has the meaning given the term in section 5304 of title 25.
(6) Lahar
The term “lahar” means a large debris flow of mostly volcanic material that is—
(A) often fast-moving; and
(B) a hazard in watersheds downstream of volcanic peaks.
(7) LiDAR
The term “LiDAR” means light detection and ranging.
(8) Secretary
The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Geological Survey.
(9) State
The term “State” means—
(A) a State; and
(B) the District of Columbia.
(10) State office
The term “State office” means any unit of State government that handles the identification, mapping, assessment, and research of landslide hazards or responding to landslide events, including—
(A) a State geological survey office;
(B) a State department of emergency response; and
(C) a State department of transportation.
(11) Territory
The term “territory” means—
(A) the Commonwealth of Puerto Rico;
(B) Guam;
(C) American Samoa;
(D) the Commonwealth of the Northern Mariana Islands;
(E) the Federated States of Micronesia;
(F) the Republic of the Marshall Islands;
(G) the Republic of Palau; and
(H) the United States Virgin Islands.
(Pub. L. 116–323, § 2, Jan. 5, 2021, 134 Stat. 5075.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 116–323, § 1, Jan. 5, 2021, 134 Stat. 5075, provided that: “This Act [enacting this chapter] may be cited as the ‘National Landslide Preparedness Act’.”
43 U.S.C. § 3204 (PUBLIC LANDS)
§ 3204. Critical maintenance and repair
(a) Critical failure at a reserved or transferred work
(1) In general
A reserved or transferred work shall only be eligible for funding under section 3201(2)(A) of this title if—
(A) construction of the reserved or transferred work began on or before January 1, 1915; and
(B) a unit of the reserved or transferred work suffered a critical failure in Bureau of Reclamation infrastructure during the 2-year period ending on November 15, 2021, that resulted in the failure to deliver water to project beneficiaries.
(2) Use of funds
Rehabilitation, repair, and replacement activities for a transferred or reserved work using amounts made available under section 3201(2)(A) of this title may be used for the entire transferred or reserved work, regardless of whether the critical failure was limited to a single project of the overall work.
(3) Nonreimbursable funds
Notwithstanding section 510b(b) of this title, amounts made available to a reserved or transferred work under section 3201(2)(A) of this title shall be nonreimbursable to the United States.
(b) Carey Act projects
The Secretary shall use amounts made available under section 3201(2)(B) of this title to fund the rehabilitation, reconstruction, or replacement of a dam—
(1) the construction of which began on or after January 1, 1905;
(2) that was developed pursuant to section 4 of the Act of August 18, 1894 (commonly known as the “Carey Act”) (43 U.S.C. 641; 28 Stat. 422, chapter 301);
(3) that the Governor of the State in which the dam is located has—
(A) determined the dam has reached its useful life;
(B) determined the dam poses significant health and safety concerns; and
(C) requested Federal support; and
(4) for which the estimated rehabilitation, reconstruction, or replacement, engineering, and permitting costs would exceed $50,000,000.
(Pub. L. 117–58, div. D, title IX, § 40904, Nov. 15, 2021, 135 Stat. 1121.)
heading: Editorial Notes
heading: References in Text
text: The Carey Act, referred to in subsec. (b)(2), is Aug. 18, 1894, ch. 301, § 4, 28 Stat. 422, which is classified to section 641 of this title. For complete classification of this Act to the Code, see Tables.
43 U.S.C. § 3206 (PUBLIC LANDS)
§ 3206. Drought contingency plan funding requirements
(a) In general
Funds made available under section 3201(8) of this title for use in the Lower Colorado River Basin may be used for projects—
(1) to establish or conserve recurring Colorado River water that contributes to supplies in Lake Mead and other Colorado River water reservoirs in the Lower Colorado River Basin; or
(2) to improve the long-term efficiency of operations in the Lower Colorado River Basin.
(b) Limitation
None of the funds made available under section 3201(8) of this title may be used for the operation of the Yuma Desalting Plant.
(c) Effect
Nothing in section 3201(8) of this title limits existing or future opportunities to augment the water supplies of the Colorado River.
(Pub. L. 117–58, div. D, title IX, § 40906, Nov. 15, 2021, 135 Stat. 1124.)
43 U.S.C. § 3207 (PUBLIC LANDS)
§ 3207. Multi-benefit projects to improve watershed health
(a) Definition of eligible applicant
In this section, the term “eligible applicant” means—
(1) a State;
(2) a Tribal or local government;
(3) an organization with power or water delivery authority;
(4) a regional authority; or
(5) a nonprofit conservation organization.
(b) Establishment of competitive grant program
Not later than 1 year after November 15, 2021, the Secretary, in consultation with the heads of relevant agencies, shall establish a competitive grant program under which the Secretary shall award grants to eligible applicants for the design, implementation, and monitoring of conservation outcomes of habitat restoration projects that improve watershed health in a river basin that is adversely impacted by a Bureau of Reclamation water project by accomplishing 1 or more of the following:
(1) Ecosystem benefits.
(2) Restoration of native species.
(3) Mitigation against the impacts of climate change to fish and wildlife habitats.
(4) Protection against invasive species.
(5) Restoration of aspects of the natural ecosystem.
(6) Enhancement of commercial, recreational, subsistence, or Tribal ceremonial fishing.
(7) Enhancement of river-based recreation.
(c) Requirements
(1) In general
In awarding a grant to an eligible applicant under subsection (b), the Secretary—
(A) shall give priority to an eligible applicant that would carry out a habitat restoration project that achieves more than 1 of the benefits described in that subsection; and
(B) may not provide a grant to carry out a habitat restoration project the purpose of which is to meet existing environmental mitigation or compliance obligations under Federal or State law.
(2) Compliance
A habitat restoration project awarded a grant under subsection (b) shall comply with all applicable Federal and State laws.
(d) Cost-sharing requirement
The Federal share of the cost of any habitat restoration project that is awarded a grant under subsection (b)—
(1) shall not exceed 50 percent of the cost of the habitat restoration project; or
(2) in the case of a habitat restoration project that provides benefits to ecological or recreational values in which the nonconsumptive water conservation benefit or habitat restoration benefit accounts for at least 75 percent of the cost of the habitat restoration project, as determined by the Secretary, shall not exceed 75 percent of the cost of the habitat restoration project.
(Pub. L. 117–58, div. D, title IX, § 40907, Nov. 15, 2021, 135 Stat. 1125.)
43 U.S.C. § 3208 (PUBLIC LANDS)
§ 3208. Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects
(a) In general
The Secretary, at the request of and in coordination with affected Indian Tribes, States (including subdivisions and departments of a State), or a public agency organized pursuant to State law, may provide technical or financial assistance for, participate in, and enter into agreements (including agreements with irrigation entities) for—
(1) groundwater recharge projects;
(2) aquifer storage and recovery projects; or
(3) water source substitution for aquifer protection projects.
(b) Limitation
Nothing in this section authorizes additional technical or financial assistance for, or participation in an agreement for, a surface water storage facility to be constructed or expanded.
(c) Requirement
A construction project shall only be eligible for financial assistance under this section if the project meets the conditions for funding under section 3202(a)(2)(C)(ii) of this title.
(d) Cost sharing
Cost sharing for a project funded under this section shall be in accordance with section 3202(b) of this title.
(e) Environmental laws
In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including —
(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(2) any obligations for fish, wildlife, or water quality protection in permits or licenses granted by a Federal agency or a State; and
(3) any applicable Federal or State laws (including regulations).
(f) Authorization by Congress for major project construction
A project with a total estimated cost of $500,000,000 or more shall only be eligible for construction funding under this section if the project is authorized for construction by an Act of Congress.
(Pub. L. 117–58, div. D, title IX, § 40910, Nov. 15, 2021, 135 Stat. 1126.)
heading: Editorial Notes
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (e)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, 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.
45 U.S.C. § 831 (RAILROADS)
§ 831. Transferred
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 94–210, title V, § 511, Feb. 5, 1976, 90 Stat. 76; Pub. L. 94–555, title II, §§ 215, 220(e), (f), Oct. 19, 1976, 90 Stat. 2625, 2629, 2630; Pub. L. 96–448, title IV, § 405(e), Oct. 14, 1980, 94 Stat. 1947; Pub. L. 99–509, title IV, § 4033(c)(5), Oct. 21, 1986, 100 Stat. 1909; Pub. L. 102–240, title I, § 1036(e), Dec. 18, 1991, 105 Stat. 1986, which related to guarantee of obligations, was repealed, except for subsec. (c), by Pub. L. 105–178, title VII, § 7203(a)(2), June 9, 1998, 112 Stat. 477. Subsec. (c) of section 831 was amended, redesignated, and transferred to section 823(b) of this title by Pub. L. 105–178, title VII, § 7203(a)(3), (4), June 9, 1998, 112 Stat. 477. Section 823(b) of this title was subsequently repealed by Pub. L. 117–58, div. B, title I, § 21301(b)(1)(A), Nov. 15, 2021, 135 Stat. 683.
45 U.S.C. § 836 (RAILROADS)
§ 836. Repealed. Pub. L. 117–58, div. B, title I, § 21301(b)(1)(A), Nov. 15, 2021, 135 Stat. 683
text: Section, Pub. L. 94–210, title V, § 504, formerly § 516, Feb. 5, 1976, 90 Stat. 82; renumbered § 504, Pub. L. 105–178, title VII, § 7203(a)(5), June 9, 1998, 112 Stat. 477, related to employee protection. See section 22404 of Title 49, Transportation.
text: A prior section 504 of Pub. L. 94–210 was classified to section 824 of this title prior to repeal by Pub. L. 105–178.
45 U.S.C. § 914 (RAILROADS)
§ 914. Obligation guarantees
(a) Authorization
The Secretary of Transportation, under the authority of section 831 of this title, shall guarantee obligations of the Milwaukee Railroad for purposes of providing employee protection in accordance with the terms of the employee protection agreement entered into under section 908 of this title. Guarantees under this section shall be entered into without regard to the requirements of subsection (g) of section 831 of this title.
(b) Obligations as administrative expense
Any obligation guaranteed pursuant to this section shall be treated as an administrative expense of the estate of the Milwaukee Railroad.
(c) Limit on aggregate unpaid principal amount
The aggregate unpaid principal amount of obligations which may be guaranteed by the Secretary pursuant to this section shall not exceed $75,000,000.
(d) Limit on total liability
The total liability of the Milwaukee Railroad in connection with benefits and allowances provided under an employee protection agreement entered into under section 908 of this title shall not exceed $75,000,000.
(e) Liability of United States respecting section 908 agreements
Except in connection with obligations guaranteed under this section, the United States shall incur no liability to employees in connection with any employee protection agreement entered into under section 908 of this title.
(f) Applicability of section 22404 of title 49
Section 22404 of title 49 shall not apply to any obligation guaranteed under this section.
(Pub. L. 96–101, § 15, Nov. 4, 1979, 93 Stat. 743; Pub. L. 96–448, title VII, § 701(a)(3), Oct. 14, 1980, 94 Stat. 1959; Pub. L. 117–58, div. B, title I, § 21301(j)(3)(E), Nov. 15, 2021, 135 Stat. 692.)
heading: Editorial Notes
heading: References in Text
text: Section 831 of this title, referred to in subsec. (a), was repealed by Pub. L. 105–178, title VII, § 7203(a)(2), June 9, 1998, 112 Stat. 477, except for subsec. (c) of that section, which was renumbered and transferred to section 823(b) of this title by section 7203(a)(4) of Pub. L. 105–178. Section 823(b) of this title was subsequently repealed by Pub. L. 117–58, div. B, title I, § 21301(b)(1)(A), Nov. 15, 2021, 135 Stat. 683.
heading: Amendments
text: 2021—Subsec. (f). Pub. L. 117–58 substituted “Section 22404 of title 49” for “Section 836 of this title”.
1980—Subsec. (e). Pub. L. 96–448 inserted “to employees” after “no liability”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–448 effective Oct. 14, 1980, see section 710(d) of Pub. L. 96–448, set out as a note under section 1170 of Title 11, Bankruptcy.
46 U.S.C. § 11202 (SHIPPING)
§ 11202. Qualified service
For purposes of this chapter, an individual shall be considered to have engaged in qualified service if, between August 16, 1945, and December 31, 1946, the individual—
(1) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was—
(A) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office);
(B) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States;
(C) under contract or charter to, or property of, the Government of the United States; and
(D) serving the Armed Forces; and
(2) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the individual for such service.
(Added Pub. L. 105–368, title IV, § 402(a), Nov. 11, 1998, 112 Stat. 3336; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(12), Jan. 1, 2021, 134 Stat. 4752.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “an individual” for “a person” in introductory provisions and “the individual” for “the person” in introductory provisions and in par. (2).