Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
2026-07-06 10:51:44 -04:00
parent 511d65f9a0
commit 76b8ec33a7
48603 changed files with 3677193 additions and 4 deletions
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---
type: "LegalText"
title: "43 U.S.C. § 1"
description: "Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 632"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
chapter_name: "BUREAU OF LAND MANAGEMENT"
section: "1"
citation: "43 U.S.C. § 1"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 43 U.S.C. § 1 - Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 632
## Notes
Section, R.S. § 446; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided that there shall be in the Department of the Interior a Director of the Bureau of Land Management. Provision for a Bureau of Land Management in the Department of the Interior and for the structure of such Bureau is contained in section 403 of the 1946 Reorg. Plan No. 3, which is set out below.
Executive Documents
Transfer of Functions 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. For transfer of records, property, personnel, and funds, see sections 1001 to 1003 of Reorg. Plan No. 3 of 1946, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, set out in the Appendix to Title 5, Government Organization and Employees.
Bureau of Land Management CreatedReorg. Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided: “(a) The functions of the General Land Office and of the Grazing Service in the Department of the Interior are hereby consolidated to form a new agency in the Department of the Interior to be known as the Bureau of Land Management. The functions of the other agencies named in subsection (d) of this section are hereby transferred to the Secretary of the Interior. “(b) There shall be at the head of such Bureau a Director of the Bureau of Land Management, who shall be appointed by the Secretary of the Interior under the classified civil service, who shall receive a salary at the rate of $10,000 per annum, and who shall perform such duties as the Secretary of the Interior shall designate. “(c) There shall be in the Bureau of Land Management an Associate Director of the Bureau of Land Management and so many Assistant Directors of the Bureau of Land Management as may be necessary, who shall be appointed by the Secretary of the Interior under the classified civil service and subject to the Classification Act of 1923, as amended, and who shall perform such duties as the Secretary of the Interior may prescribe. “(d) The General Land Office, the Grazing Service, the offices of Commissioner of the General Land Office, Assistant Commissioner of the General Land Office, Director of the Grazing Service, all Assistant Directors of the Grazing Service, all registers of the district land offices, and United States Supervisor of Surveys, together with the Field Surveying Service now known as the Cadastral Engineering Service, are hereby abolished. “(e) The Bureau of Land Management and its functions shall be administered subject to the direction and control of the Secretary of the Interior, and the functions transferred to the Secretary by subsection (a) of this section shall be performed by the Secretary or, subject to his direction and control, by such officers and agencies of the Department of the Interior as he may designate.”
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "43 U.S.C. § 10"
description: "Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 632, 645"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
chapter_name: "BUREAU OF LAND MANAGEMENT"
section: "10"
citation: "43 U.S.C. § 10"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 43 U.S.C. § 10 - Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 632, 645
## Notes
Section, acts May 24, 1922, ch. 199, 42 Stat. 555; Jan. 24, 1923, ch. 42, 42 Stat. 1177, related to depositary acting for commissioner as receiver of public moneys.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "43 U.S.C. § 11"
description: "Restriction on officers, clerks, and employees"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
chapter_name: "BUREAU OF LAND MANAGEMENT"
section: "11"
citation: "43 U.S.C. § 11"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 43 U.S.C. § 11 - Restriction on officers, clerks, and employees
## Text
The officers, clerks, and employees in the Bureau of Land Management are prohibited from directly or indirectly purchasing or becoming interested in the purchase of any of the public land; and any person who violates this section shall forthwith be removed from his office.
(R.S. § 452; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
## Notes
Editorial Notes
Codification R.S. § 452 derived from acts Apr. 25, 1812, ch. 68, § 10, 2 Stat. 717; July 4, 1836, ch. 352, § 14, 5 Stat. 112.
Executive Documents
Transfer of Functions 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. “Bureau of Land Management” substituted for “General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "43 U.S.C. § 12"
description: "Seal, books, and records"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
chapter_name: "BUREAU OF LAND MANAGEMENT"
section: "12"
citation: "43 U.S.C. § 12"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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tags: ["legal", "us-code"]
---
# 43 U.S.C. § 12 - Seal, books, and records
## Text
The Secretary of the Interior or such officer as he may designate shall retain the charge of the seal adopted for the Bureau of Land Management which may continue to be used, and of the records, books, papers, and other property appertaining to the Bureau of Land Management.
(R.S. § 454; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
## Notes
Editorial Notes
Codification R.S. § 454 derived from act Apr. 25, 1812, ch. 68, §§ 4, 5, 2 Stat. 717.
Executive Documents
Transfer of Functions 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. “Bureau of Land Management” substituted for “General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "43 U.S.C. § 13"
description: "Original papers on file as evidence"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
chapter_name: "BUREAU OF LAND MANAGEMENT"
section: "13"
citation: "43 U.S.C. § 13"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 43 U.S.C. § 13 - Original papers on file as evidence
## Text
Whenever the officer, as the Secretary of the Interior may designate, of any United States land office shall be served with a subpoena duces tecum or other valid legal process requiring him to produce, in any United States court or in any court of record of any State, the original application for entry of public lands or the final proof of residence and cultivation or any other original papers on file in the Bureau of Land Management of the United States on which a patent to land has been issued or which furnish the basis for such patent, it shall be the duty of such officer to at once notify the Secretary of the Interior, or such officer as he may designate, of the service of such process, specifying the particular papers he is required to produce, and upon receipt of such notice from any such officer of a United States land office the Secretary or such officer designated by him shall at once transmit to the officer of such land office the original papers specified in such notice, and which such officer is required to produce, and to attach to such papers a certificate, under seal of his office, properly authenticating them as the original papers upon which patent was issued; and such papers so authenticated shall be received in evidence in all courts of the United States and in the several State courts of the States of the Union: Provided, That the Secretary of the Interior shall make rules and regulations to secure the return of such documents to the Bureau of Land Management, after use in evidence, without cost to the United States.
(Apr. 19, 1904, ch. 1398, 33 Stat. 186; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
## Notes
Executive Documents
Transfer of Functions 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 Commissioner of General Land Office and registers of United States Land Offices changed to Secretary of the Interior or such officer as he may designate and “Bureau of Land Management” substituted for “General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "43 U.S.C. § 14"
description: "Returns relative to lands"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
chapter_name: "BUREAU OF LAND MANAGEMENT"
section: "14"
citation: "43 U.S.C. § 14"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc43@119-100.zip"
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tags: ["legal", "us-code"]
---
# 43 U.S.C. § 14 - Returns relative to lands
## Text
All returns relative to the public lands shall be made to the Secretary of the Interior or such officer as he may designate.
(R.S. § 456; July 31, 1894, ch. 174, § 7, 28 Stat. 207; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
## Notes
Editorial Notes
Codification R.S. § 456 derived from act Apr. 25, 1812, ch. 68, § 9, 2 Stat. 717.
Executive Documents
Transfer of Functions 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. “Secretary of the Interior or such officer as he may designate” substituted for “Commissioner of the General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "43 U.S.C. § 15"
description: "Issuance and signing of patents by Secretary of the Interior; delegation of authority; notice"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
chapter_name: "BUREAU OF LAND MANAGEMENT"
section: "15"
citation: "43 U.S.C. § 15"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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tags: ["legal", "us-code"]
---
# 43 U.S.C. § 15 - Issuance and signing of patents by Secretary of the Interior; delegation of authority; notice
## Text
All patents for public lands shall be issued and signed by the Secretary of the Interior in the name of the United States: Provided, That the Secretary may delegate his authority under this section to officers or employees of the Department of the Interior, but notice of any such delegation shall be given by publication in the Federal Register.
(June 17, 1948, ch. 496, § 1, 62 Stat. 476.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 15, R.S. § 458; 1940 Reorg. Plan No. III, § 4 eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to issuance of patents, prior to repeal by section 2(c) of act June 17, 1948.
Executive Documents
Transfer of Functions 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.
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "43 U.S.C. § 16"
description: "Engrossing and recording patents"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
chapter_name: "BUREAU OF LAND MANAGEMENT"
section: "16"
citation: "43 U.S.C. § 16"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 43 U.S.C. § 16 - Engrossing and recording patents
## Text
The engrossing and recording of patents for public lands may be done by means of typewriters or other machines, under regulations to be made by the Secretary of the Interior and approved by the President.
(Mar. 2, 1895, ch. 177, § 3, 28 Stat. 807.)
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "43 U.S.C. § 17"
description: "Plats of land surveyed"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
chapter_name: "BUREAU OF LAND MANAGEMENT"
section: "17"
citation: "43 U.S.C. § 17"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 43 U.S.C. § 17 - Plats of land surveyed
## Text
The Secretary of the Interior or such officer as he may designate shall, when required by the President or either House of Congress, make a plat of any land surveyed under the authority of the United States, and give such information respecting the public lands and concerning the business of the Bureau of Land Management as shall be directed.
(R.S. § 455; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
## Notes
Editorial Notes
Codification R.S. § 455 derived from act Apr. 25, 1812, ch. 68, § 6, 2 Stat. 717.
Executive Documents
Transfer of Functions 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. “Secretary of the Interior or such officer as he may designate” substituted for “Commissioner of the General Land Office” and “Bureau of Land Management” for “his office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "43 U.S.C. § 18"
description: "Copies of papers filed"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
chapter_name: "BUREAU OF LAND MANAGEMENT"
section: "18"
citation: "43 U.S.C. § 18"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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tags: ["legal", "us-code"]
---
# 43 U.S.C. § 18 - Copies of papers filed
## Text
Whenever any person claiming to be interested in or entitled to land, under any grant or patent from the United States, applies to the Department of the Interior for copies of papers filed and remaining therein, in anywise affecting the title to such land, it shall be the duty of the Secretary of the Interior to cause such copies to be made out and authenticated, under his hand and the seal of the Bureau of Land Management, for the person so applying.
(R.S. § 460; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
## Notes
Editorial Notes
Codification R.S. § 460 derived from acts Jan. 23, 1823, ch. 6, 3 Stat. 721; July 4, 1836, ch. 352, § 7, 5 Stat. 111.
Executive Documents
Transfer of Functions 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. “Bureau of Land Management” substituted for “General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
@@ -0,0 +1,39 @@
---
type: "LegalText"
title: "43 U.S.C. § 19 to 21"
description: "Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
chapter_name: "BUREAU OF LAND MANAGEMENT"
section: "19 to 21"
citation: "43 U.S.C. § 19 to 21"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 43 U.S.C. § 19 to 21 - Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029
## Notes
Section 19, R.S. § 2469, related to certified copies of records of the General Land Office.
Section 20, R.S. § 2470, related to exemplification of the records of the General Land Office as evidence.
Section 21, R.S. § 461; acts Apr. 2, 1888, ch. 54, 25 Stat. 76; Oct. 12, 1888, ch. 1098, 25 Stat. 557; May 29, 1908, ch. 220, § 15, 35 Stat. 469; June 5, 1920, ch. 235, § 1, 41 Stat. 908, related to fees for exemplifications.
For Department of the Interior record provisions and Government records and papers, see section 1460 et seq. of this title, and section 1733 of Title 28, Judiciary and Judicial Procedure.
@@ -0,0 +1,49 @@
---
type: "LegalText"
title: "43 U.S.C. § 2"
description: "Duties concerning public lands"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
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section: "2"
citation: "43 U.S.C. § 2"
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---
# 43 U.S.C. § 2 - Duties concerning public lands
## Text
The Secretary of the Interior or such officer as he may designate shall perform all executive duties appertaining to the surveying and sale of the public lands of the United States, or in anywise respecting such public lands, and, also, such as relate to private claims of land, and the issuing of patents for all grants of land under the authority of the Government.
(R.S. § 453; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 317; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
## Notes
Editorial Notes
Codification R.S. § 453 derived from acts Apr. 25, 1812, ch. 68, § 1, 2 Stat. 716; July 4, 1836, ch. 352, § 1, 5 Stat. 107; June 6, 1874, ch. 223, 18 Stat. 62; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 317.
Statutory Notes and Related Subsidiaries
Bureau of Land Management Drug Enforcement Supplemental AuthorityPub. L. 99570, title V, subtitle C, as added by Pub. L. 100690, title VII, § 6254(d)(3), Nov. 18, 1988, 102 Stat. 4365, provided that: “SEC. 5061. SHORT TITLE.“This subtitle may be cited as the Bureau of Land Management Drug Enforcement Supplemental Authority Act. “SEC. 5062. BUREAU OF LAND MANAGEMENT AUTHORIZATION.“In order to improve Federal law enforcement activities relating to the use and production of narcotics and controlled substances on Bureau of Land Management public lands, from amounts appropriated there are made available to the Secretary of the Interior, in addition to sums made available under other authority of law, $1,500,000 for fiscal year 1989, and for each fiscal year thereafter, to be used for the employment and training of additional and existing personnel, for equipment and facilities to be used by such personnel, and for expenses related to such employment, training, equipment, and facilities.”
Executive Documents
Transfer of Functions 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. “The Secretary of the Interior or such officer as he may designate shall perform” substituted for “The Commissioner of the General Land Office shall perform, under the direction of the Secretary of the Interior,” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
@@ -0,0 +1,33 @@
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citation: "43 U.S.C. § 22"
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---
# 43 U.S.C. § 22 - Repealed. July 30, 1947, ch. 354, § 2, 61 Stat. 522
## Notes
Section, act June 5, 1920, ch. 235, 41 Stat. 908, related to cost of photolithographic copies of plats. See section 1460 of this title.
@@ -0,0 +1,43 @@
---
type: "LegalText"
title: "43 U.S.C. § 23"
description: "Repealed. Pub. L. 86649, title II, § 202(b), July 14, 1960, 74 Stat. 507"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
chapter_name: "BUREAU OF LAND MANAGEMENT"
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citation: "43 U.S.C. § 23"
status: "current"
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tags: ["legal", "us-code"]
---
# 43 U.S.C. § 23 - Repealed. Pub. L. 86649, title II, § 202(b), July 14, 1960, 74 Stat. 507
## Notes
Section, act Feb. 14, 1931, ch. 187, 46 Stat. 1118, prescribed fees for depositions in hearings in Bureau of Land Management. See section 1371 of this title. Similar provisions were contained in the following prior appropriation acts:
Mar. 3, 1925, ch. 462, 43 Stat. 1145.
June 5, 1924, ch. 264, 43 Stat. 395.
Jan. 24, 1923, ch. 42, 42 Stat. 1179.
May 24, 1922, ch. 199, 42 Stat. 558.
Mar. 3, 1915, ch. 75, 38 Stat. 855.
@@ -0,0 +1,33 @@
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description: "Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 632, 646, 647"
jurisdiction: "us"
corpus: "united_states_code"
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title_number: 43
title_name: "PUBLIC LANDS"
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---
# 43 U.S.C. § 24 - Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 632, 646, 647
## Notes
Section, acts May 10, 1926, ch. 277, 44 Stat. 456; Jan 12, 1927, ch. 27, 44 Stat. 938; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized payment of mileage for automobile travel.
@@ -0,0 +1,39 @@
---
type: "LegalText"
title: "43 U.S.C. § 25 to 25b"
description: "Repealed. Oct. 25, 1951, ch. 562, § 1(25), 65 Stat. 639"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
chapter_name: "BUREAU OF LAND MANAGEMENT"
section: "25 to 25b"
citation: "43 U.S.C. § 25 to 25b"
status: "current"
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tags: ["legal", "us-code"]
---
# 43 U.S.C. § 25 to 25b - Repealed. Oct. 25, 1951, ch. 562, § 1(25), 65 Stat. 639
## Notes
Section 25, act May 28, 1926, ch. 415, § 1, 44 Stat. 672, related to transfer of records of United States land office to any State upon closing of last United States land office in that State.
Section 25a, act May 28, 1926, ch. 415, § 2, 44 Stat. 673, related to transfer of field notes and maps of United States land office to any State upon closing of last United States land office in that State.
Section 25b, act May 28, 1926, ch. 415, § 3, 44 Stat. 673, related to requirement that State provide by law for preservation and access of records, field notes, and maps.
See section 3301 et seq. of Title 44, Public Printing and Documents.
@@ -0,0 +1,33 @@
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description: "Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 632, 636"
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kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
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chapter_name: "BUREAU OF LAND MANAGEMENT"
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citation: "43 U.S.C. § 3"
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---
# 43 U.S.C. § 3 - Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 632, 636
## Notes
Section, acts July 11, 1890, ch. 667, § 1, 26 Stat. 257; June 17, 1910, ch. 297, 36 Stat. 512, provided for the office of an assistant commissioner of the General Land Office, which was subsequently abolished by Reorg. Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100. That Plan provided for a Bureau of Land Management, including an Associate Director and as many Assistant Directors as the Secretary of the Interior may find necessary. See note set out under section 1 of this title.
@@ -0,0 +1,35 @@
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type: "LegalText"
title: "43 U.S.C. § 3a"
description: "Omitted"
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title_number: 43
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citation: "43 U.S.C. § 3a"
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# 43 U.S.C. § 3a - Omitted
## Notes
Editorial Notes
Codification Section, act June 5, 1942, ch. 336, § 1, 56 Stat. 312, provided for assistant or deputy commissioners of the General Land Office and Bureau of Indian Affairs. Insofar as it related to the General Land Office it was superseded by Reorg. Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out as a note under section 1 of this title. Provisions unaffected by the Plan relating to the Bureau of Indian Affairs are set out as section 2a of Title 25, Indians.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "43 U.S.C. § 6"
description: "Duties of employees to certify, record, etc., patents"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "1"
chapter_name: "BUREAU OF LAND MANAGEMENT"
section: "6"
citation: "43 U.S.C. § 6"
status: "current"
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tags: ["legal", "us-code"]
---
# 43 U.S.C. § 6 - Duties of employees to certify, record, etc., patents
## Text
It shall be the duty of such officers or employees of the Bureau of Land Management as may be designated by the Secretary of the Interior, in pursuance of instructions from the Secretary of the Interior or such officer as he may designate, to certify and affix the seal of the office to all patents for public lands, and to attend to the correct engrossing, recording, and transmission of such patents. They shall prepare alphabetical indexes of the names of patentees, and of persons entitled to patents; and shall prepare such copies and exemplifications of matters on file or recorded in the Bureau of Land Management as the Secretary or such officer may from time to time direct.
(R.S. § 459; 1940 Reorg. Plan No. III, § 4, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
## Notes
Editorial Notes
Codification R.S. § 459 derived from acts Apr. 25, 1812, ch. 68, § 8, 2 Stat. 717; July 4, 1836, ch. 352, § 4, 5 Stat. 111.
Executive Documents
Transfer of Functions 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. “Bureau of Land Management” substituted for “General Land Office” and references to the Commissioner were 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. Office of Recorder of General Land Office abolished and functions of recorder directed to be exercised under direction and supervision of Secretary of the Interior, through such officers or employees of General Land Office as he may designate, on authority of section 4 of Reorg. Plan No. III of 1940, set out in the Appendix to Title 5, Government Organization and Employees. See also sections 8 and 9 of Reorg. Plan No. III of 1940 for provisions relating to transfer of records, property, personnel, and funds.
@@ -0,0 +1,33 @@
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title_number: 43
title_name: "PUBLIC LANDS"
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citation: "43 U.S.C. § 7"
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---
# 43 U.S.C. § 7 - Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 632, 641
## Notes
Section, act May 22, 1908, ch. 186, 35 Stat. 225, authorized Secretary of the Interior to designate a temporary recorder for former General Land Office in certain cases. Reorg. Plan No. III of 1940, § 4, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232, set out in the Appendix to Title 5, Government Organization and Employees, abolished office of Recorder of former General Land Office and provided that his functions should be exercised under direction and supervision of Secretary of the Interior through those officers or employees of former General Land Office as he might designate.
@@ -0,0 +1,35 @@
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type: "LegalText"
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---
# 43 U.S.C. § 8 - Omitted
## Notes
Editorial Notes
Codification Section, act June 29, 1948, ch. 754, 62 Stat. 1114, provided for one clerk in the Bureau of Land Management to sign land patents, was from the Department of the Interior Appropriation Act, 1949, and was not repeated in subsequent appropriation acts. A prior section 8, R.S. § 450; acts June 19, 1878, ch. 329, 20 Stat. 183; May 24, 1922, ch. 199, 42 Stat. 552; Jan. 24, 1923, ch. 42, 42 Stat. 1174; June 5, 1924, ch. 264, 43 Stat. 391; Mar. 3, 1925, ch. 462, 43 Stat. 1142; May 10, 1926, ch. 277, 44 Stat. 456; Jan. 12, 1927, ch. 27, 44 Stat. 937; Mar. 7, 1928, ch. 137, 45 Stat. 202; Mar. 4, 1929, ch. 705, 45 Stat. 1564; May 14, 1930, ch. 273, 46 Stat. 281; Feb. 14, 1931, ch. 187, 46 Stat. 1117; Apr. 22, 1932, ch. 125, 47 Stat. 92; Feb. 17, 1933, ch. 98, 47 Stat. 822; Mar. 2, 1934, ch. 38, 48 Stat. 364; May 9, 1935, ch. 101, 49 Stat. 180; June 22, 1936, ch. 691, 49 Stat. 1761; Aug. 9, 1937, ch. 570, 50 Stat. 568; May 9, 1938, ch. 187, 52 Stat. 295; May 10, 1939, ch. 119, 53 Stat. 691; June 18, 1940, ch. 395, 54 Stat. 411; June 28, 1941, ch. 259, 55 Stat. 309; July 2, 1942, ch. 473, 56 Stat. 511; July 12, 1943, ch. 219, 57 Stat. 455; June 28, 1944, ch. 298, 58 Stat. 468; July 3, 1945, ch. 262, 59 Stat. 322; July 1, 1946, ch. 529, 60 Stat. 352; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; July 25, 1947, ch. 337, 61 Stat. 460, was repealed by act June 17, 1948, ch. 496, § 2(a), (d), 62 Stat. 476.
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# 43 U.S.C. § 9 - Repealed. June 17, 1948, ch. 496, § 2(b), 62 Stat. 476
## Notes
Section, R.S. § 451; act June 19, 1878, ch. 329, 20 Stat. 183, provided for an assistant to sign land patents. See section 15 of this title.
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# 43 U.S.C. § 351 to 355 - Repealed. Pub. L. 88417, § 1, Aug. 11, 1964, 78 Stat. 389
## Notes
Section 351, act Oct. 22, 1919, ch. 77, § 1, 41 Stat. 293, authorized Secretary of the Interior to grant permits to explore for underground water.
Section 352, acts Oct. 22, 1919, ch. 77, § 2, 41 Stat. 294; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to designation by Secretary of lands subject to disposal.
Section 353, acts Oct. 22, 1919, ch. 77, § 3, 41 Stat. 294; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to application for permit to explore for under-ground water.
Section 354, act Oct. 22, 1919, ch. 77, § 4, 41 Stat. 294, related to conditions of permit and its cancellation for failure to meet them.
Section 355, act Oct. 22, 1919, ch. 77, § 5, 41 Stat. 294, related to issuance of a patent to land on the development of a water supply.
Statutory Notes and Related Subsidiaries
Savings ProvisionPub. L. 88417, § 1, Aug. 11, 1964, 78 Stat. 389, provided: “That, subject to any valid rights and obligations existing on the date of approval of this Act [Aug. 11, 1964], the Act of October 22, 1919 (41 Stat. 293; 43 U.S.C. 351355, 357360), is hereby repealed.”
Processing of Applications Filed Prior to August 11, 1964Pub. L. 88417, § 2, Aug. 11, 1964, 78 Stat. 389, provided that: “Any valid application for permit under that Act [this chapter], on file with the Secretary of the Interior on the effective date of this Act [Aug. 11, 1964], may be processed in the same manner as if this Act [repealing sections 351 to 355 and 357 to 360 of this title] had not been enacted.”
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# 43 U.S.C. § 356 - Repealed. Pub. L. 94579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789
## Notes
Section, act Sept. 22, 1922, ch. 400, 42 Stat. 1012, extended time for development of underground water supplies with reclamation grants.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 94579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after Oct. 21, 1976.
Savings ProvisionRepeal by Pub. L. 94579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94579, set out as a note under section 1701 of this title.
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# 43 U.S.C. § 357 to 360 - Repealed. Pub. L. 88417, § 1, Aug. 11, 1964, 78 Stat. 389
## Notes
Section 357, act Oct. 22, 1919, ch. 77, § 6, 41 Stat. 294, provided for disposition of land not included in patents.
Section 358, act Oct. 22, 1919, ch. 77, § 7, 41 Stat. 295, provided for payment of proceeds of land sales into reclamation fund.
Section 359, acts Oct. 22, 1919, ch. 77, § 8, 41 Stat. 295; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided for reservation to the United States of coal and mineral rights, and for disposition of such reserved rights.
Section 360, act Oct. 22, 1919, ch. 77, § 9, 41 Stat. 295, authorized Secretary to prescribe rules and regulations.
Statutory Notes and Related Subsidiaries
Savings ProvisionSections repealed subject to valid rights and obligations existing on Aug. 11, 1964, see section 1 of Pub. L. 88417, set out as a note under sections 351 to 355 of this title.
Processing of Pending ApplicationsProcessing of applications filed prior to Aug. 11, 1964, to be in same manner as if Pub. L. 88417 had not been enacted, see section 2 of Pub. L. 88417, set out as a note under sections 351 to 355 of this title.
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# 43 U.S.C. § 361 - Authority to explore for, develop, and mark water holes, etc.
## Text
The Secretary of the Interior is authorized and empowered, in his discretion in so far as the authorization made herein will permit, to discover, develop, protect, and render more accessible for the benefit of the general public, springs, streams, and water holes on arid public lands of the United States; and in connection therewith to erect and maintain suitable and durable monuments and signboards at proper places and intervals along and near the accustomed lines of travel and over the general area of said desert lands, containing information and directions as to the location and nature of said springs, streams, and water holes, to the end that the same may be more readily traced and found by persons in search or need thereof; also to provide convenient and ready means, apparatus, and appliances by which water may be brought to the earths surface at said water holes for the use of such persons; also to prepare and distribute suitable maps, reports, and general information relating to said springs, streams, and water holes, and their specific location with reference to lines of travel.
(Aug. 21, 1916, ch. 360, § 1, 39 Stat. 518.)
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# 43 U.S.C. § 362 - Injury to signposts and filling up or fouling water supply
## Text
Whoever shall willfully or maliciously injure, destroy, deface, or remove any of said monuments or signposts, or shall willfully or maliciously fill up, render foul, or in anywise destroy or impair the utility of said springs, streams, or water holes, or shall willfully or maliciously interfere with said monuments, signposts, streams, springs, or water holes, or the purposes for which they are maintained and used, shall be fined not more than $1,000 or imprisoned not more than three years, or both.
(Aug. 21, 1916, ch. 360, § 3, 39 Stat. 518.)
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# 43 U.S.C. § 363 - Rules and regulations by Secretary
## Text
The Secretary of the Interior is authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this chapter into full force and effect.
(Aug. 21, 1916, ch. 360, § 4, 39 Stat. 518.)
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# 43 U.S.C. § 364a - Board on Geographic Names; establishment and membership; appointment and term of office
## Text
There is established a Board on Geographic Names, hereinafter called the Board. The membership of the Board shall include one representative from each of the Departments of State, Defense, Interior, Agriculture, and Commerce, and from the Government Publishing Office, the United States Postal Service, and the Library of Congress. The Board may also include representatives from such Federal agencies as the Secretary, upon recommendation of the Board, shall from time to time find desirable, even though these agencies are in the departments otherwise represented on the Board. The members of the Board shall be appointed by the respective heads of the departments or independent agencies that they represent. Each member shall be appointed for a two-year term but may be reappointed to successive terms. The members of the Board shall serve without additional compensation. The Board shall nominate a Chairman to be appointed by the Secretary, and shall establish such working committees as are found desirable.
(July 25, 1947, ch. 330, § 2, 61 Stat. 456; Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579; Pub. L. 91375, §§ 4(a), 6(o), Aug. 12, 1970, 84 Stat. 773, 783; Pub. L. 113235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
## Notes
Editorial Notes
Amendments1949—Act Aug. 10, 1949, established Department of Defense as an Executive Department and reduced Departments of the Army, Navy, and Air Force to status of military departments in Department of Defense.
Statutory Notes and Related Subsidiaries
Change of Name “Government Publishing Office” substituted for “Government Printing Office” in text on authority of section 1301(b) of Pub. L. 113235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. “United States Postal Service” substituted for “Post Office Department” in text on authority of Pub. L. 91375, §§ 4(a), 6(o), Aug. 12, 1970, 84 Stat. 773, 783, which are set out as notes preceding section 101 of Title 39, Postal Service, and under section 201 of Title 39, respectively, which abolished Post Office Department, transferred its functions to United States Postal Service, and provided that references in other laws to Post Office Department be considered a reference to United States Postal Service.
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# 43 U.S.C. § 364b - Formulation of principles, policies and procedures; action by Secretary; recommendations of Board
## Text
The Board, subject to the approval of the Secretary, shall formulate principles, policies, and procedures to be followed with reference to both domestic and foreign geographic names; and shall decide the standard names and their orthography for official use. The principles, policies, and procedures formulated hereunder shall be designed to serve the interests of the Federal Government and the general public, to enlist the effective cooperation of the Federal departments and agencies most concerned, and to give full consideration to the specific interests of particular Federal and State agencies. Action may be taken by the Secretary in any matter wherein the Board does not act within a reasonable time. The Board may make such recommendations to the Secretary as it finds appropriate in connection with this chapter.
(July 25, 1947, ch. 330, § 3, 61 Stat. 456.)
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# 43 U.S.C. § 364c - Studies, investigations, and records; staff assistance; advisory committees
## Text
The Secretary shall cause such studies and investigations to be made and such records to be kept as may be necessary or desirable in carrying out the purposes of this chapter, and he shall provide a place of meeting and staff assistance to the Board. The staff shall be responsible to the Secretary, who shall prescribe its relations to the Board and the committees of the Board. The Secretary may establish from time to time, upon recommendation of the Board, advisory committees of United States citizens who are recognized experts in their respective fields to assist in the solution of special problems arising under this chapter.
(July 25, 1947, ch. 330, § 4, 61 Stat. 456.)
## Notes
Statutory Notes and Related Subsidiaries
Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
Executive Documents
Transfer of Functions 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.
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# 43 U.S.C. § 364d - Promulgation of decisions; furnishing information
## Text
For the guidance of the Federal Government, the Secretary shall promulgate in the name of the Board, from time to time and in such form as will carry out the purposes of this chapter, decisions with respect to geographic names and principles of geographic nomenclature and orthography. The Secretary shall also furnish such additional information with respect to geographic names as will assist in carrying out the purposes of this chapter.
(July 25, 1947, ch. 330, § 5, 61 Stat. 457.)
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# 43 U.S.C. § 364e - Standardization of geographic names; abolition of United States Board on Geographical Names in Department of the Interior; transfer of duties
## Text
With respect to geographic names the pertinent decisions and principles issued by the Secretary shall be standard for all material published by the Federal Government. The United States Board on Geographical Names in the Department of the Interior created by Executive order, is abolished, and the duties of said Board are transferred to the Board herein created, and all departments, bureaus, and agencies of the Federal Government shall refer all geographic names and problems to the said Board for the purpose of eliminating duplication of work, personnel, and authority.
(July 25, 1947, ch. 330, § 6, 61 Stat. 457.)
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# 43 U.S.C. § 364f - Application to naming of offices or establishments
## Text
Nothing in this chapter shall be construed as applying to the naming of the offices or establishments of any Federal agency.
(July 25, 1947, ch. 330, § 7, 61 Stat. 457.)
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# 43 U.S.C. § 372 - Water right as appurtenant to land and extent of right
## Text
The right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right.
(June 17, 1902, ch. 1093, § 8, 32 Stat. 390.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act June 17, 1902, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
Codification Section is comprised of the proviso in section 8 of act June 17, 1902. Remainder of section 8 is classified to section 383 of this title.
Statutory Notes and Related Subsidiaries
Section as Unaffected by Submerged Lands ActProvisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.
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# 43 U.S.C. § 373 - General authority of Secretary of the Interior
## Text
The Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying out the provisions of this Act into full force and effect.
(June 17, 1902, ch. 1093, § 10, 32 Stat. 390; Aug. 13, 1914, ch. 247, § 15, 38 Stat. 690.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, refers both to act June 17, 1902, popularly known as the Reclamation Act, and to act Aug. 13, 1914. See Codification note set out below. For classification of act June 17, 1902 to the Code, see Short Title note set out under section 371 of this title and Tables. Act Aug. 13, 1914, is classified to sections 373, 414, 418, 435 to 437, 440, 443, 464, 465, 469, 471, 472, 475, 477 to 481, 492, 493, 494 to 497, and 499 of this title.
Codification Act Aug. 13, 1914, cited as a credit to this section, did not amend act July 17, 1902, but contained identical provisions.
Statutory Notes and Related Subsidiaries
Section as Unaffected by Submerged Lands ActProvisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.
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# 43 U.S.C. § 373a1 - Repealed. Pub. L. 88426, title III, § 305(35), Aug. 14, 1964, 78 Stat. 426
## Notes
Section, Pub. L. 87880, title II, § 200, Oct. 24, 1962, 76 Stat. 1223, prescribed compensation of Commissioner of Reclamation. See section 5316 of Title 5, Government Organization and Employees.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective on first day of first pay period which begins on or after July 1, 1964, see section 501 of Pub. L. 88426.
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# 43 U.S.C. § 373a - Commissioner of Reclamation; appointment
## Text
Under the supervision and direction of the Secretary of the Interior, the reclamation of arid lands, under the Act of June 17, 1902, and Acts amendatory thereof and supplementary thereto, shall be administered by a Commissioner of Reclamation who shall be appointed by the President by and with the advice and consent of the Senate.
(May 26, 1926, ch. 401, 44 Stat. 657; Pub. L. 97293, title II, § 229, Oct. 12, 1982, 96 Stat. 1274.)
## Notes
Editorial Notes
References in TextAct of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
Codification Provisions of this section which prescribed the basic compensation of Commissioner were omitted to conform to the provisions of the Executive Schedule. See section 5316 of Title 5, Government Organization and Employees.
Amendments1982—Pub. L. 97293 inserted requirement that Commissioner of Reclamation be appointed by and with advice and consent of Senate.
Statutory Notes and Related Subsidiaries
Use of Private SectorPub. L. 1087, div. D, title II, § 208, Feb. 20, 2003, 117 Stat. 146, provided that: “The Commissioner of the Bureau of Reclamation is directed to increase the use of the private sector in performing planning, engineering and design work for Bureau of Reclamation projects to 10 percent in fiscal year 2003, and in each subsequent year until the level of work is at least 40 percent for the planning, engineering and design work conducted by the Bureau of Reclamation.”
Compensation of CommissionerCompensation of Commissioner, see section 5316 of Title 5, Government Organization and Employees.
Executive Documents
Transfer of Functions 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.
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# 43 U.S.C. § 373b - Law enforcement authority at Bureau of Reclamation facilities
## Text
(a) Public safety regulations The Secretary of the Interior shall issue regulations necessary to maintain law and order and protect persons and property within Reclamation projects and on Reclamation lands.
(b) Violations; criminal penalties Any person who knowingly and willfully violates any regulation issued under subsection (a) shall be fined under chapter 227, subchapter C of title 18, imprisoned for not more than 6 months, or both. Any person charged with a violation of a regulation issued under subsection (a) may be tried and sentenced by any United States magistrate judge designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions and limitations as provided for in section 3401 of title 18.
(c) Authorization of law enforcement officers The Secretary of the Interior may—
(1) authorize law enforcement personnel from the Department of the Interior to act as law enforcement officers to enforce Federal laws and regulations within a Reclamation project or on Reclamation lands;
(2) authorize law enforcement personnel of any other Federal agency that has law enforcement authority (with the exception of the Department of Defense) or law enforcement personnel of any State or local government, including an Indian tribe, when deemed economical and in the public interest, through cooperative agreement or contract, to act as law enforcement officers to enforce Federal laws and regulations within a Reclamation project or on Reclamation lands with such enforcement powers as may be so assigned to them by the Secretary;
(3) cooperate with any State or local government, including an Indian tribe, in the enforcement of the laws or ordinances of that State or local government; and
(4) provide reimbursement to a State or local government, including an Indian tribe, for expenditures incurred in connection with activities under paragraph (2).
(d) Powers of law enforcement officers A law enforcement officer authorized by the Secretary of the Interior under subsection (c) may—
(1) carry firearms within a Reclamation project or on Reclamation lands;
(2) make arrests without warrants for—
(A) any offense against the United States committed in his presence; or
(B) any felony cognizable under the laws of the United States if he has—
(i) reasonable grounds to believe that the person to be arrested has committed or is committing such a felony; and
(ii) such arrest occurs within a Reclamation project or on Reclamation lands or the person to be arrested is fleeing therefrom to avoid arrest;
(3) execute within a Reclamation project or on Reclamation lands any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law for any offense committed within a Reclamation project or on Reclamation lands; and
(4) conduct investigations within a Reclamation project or on Reclamation lands of offenses against the United States committed within a Reclamation project or on Reclamation lands if the Federal law enforcement agency having investigative jurisdiction over the offense committed declines to investigate the offense.
(e) Legal status of State or local law enforcement officers (1) State or local officers not Federal employees Except as otherwise provided in this section, a law enforcement officer of any State or local government, including an Indian tribe, authorized to act as a law enforcement officer under subsection (c) shall not be deemed to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, employment discrimination, leave, unemployment compensation, and Federal benefits.
(2) Application of Federal Tort Claims Act For purposes of chapter 171 of title 28 (commonly known as the Federal Tort Claims Act), a law enforcement officer of any State or local government, including an Indian tribe, shall, when acting as a law enforcement officer under subsection (c) and while under Federal supervision and control, and only when carrying out Federal law enforcement responsibilities, be considered a Federal employee.
(3) Availability of workers compensation For purposes of subchapter I of chapter 81 of title 5, relating to compensation to Federal employees for work injuries, a law enforcement officer of any State or local government, including an Indian tribe, shall, when acting as a law enforcement officer under subsection (c) and while under Federal supervision and control, and only when carrying out Federal law enforcement responsibilities, be deemed a civil service employee of the United States within the meaning of the term employee as defined in section 8101 of title 5, and the provisions of that subchapter shall apply. Benefits under such subchapter shall be reduced by the amount of any entitlement to State or local workers compensation benefits arising out of the same injury or death.
(f) Concurrent jurisdiction Nothing in this section shall be construed or applied to limit or restrict the investigative jurisdiction of any Federal law enforcement agency, or to affect any existing right of a State or local government, including an Indian tribe, to exercise civil and criminal jurisdiction within a Reclamation project or on Reclamation lands.
(g) Regulations Except for the authority provided in section 2(c)(1),11 So in original. Probably should be “subsection (c)(1)”. the law enforcement authorities provided for in this section may be exercised only pursuant to regulations issued by the Secretary of the Interior and approved by the Attorney General.
(Pub. L. 10769, § 1, Nov. 12, 2001, 115 Stat. 593.)
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# 43 U.S.C. § 373c - Definitions
## Text
In this section and section 373b of this title:
(1) Law enforcement personnel The term “law enforcement personnel” means an employee of a Federal, State, or local government agency, including an Indian tribal agency, who has successfully completed law enforcement training approved by the Secretary and is authorized to carry firearms, make arrests, and execute service of process to enforce criminal laws of his or her employing jurisdiction.
(2) Reclamation project; reclamation lands The terms “Reclamation project” and “Reclamation lands” have the meaning given such terms in section 460l32 of title 16.
(Pub. L. 10769, § 2, Nov. 12, 2001, 115 Stat. 595.)
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# 43 U.S.C. § 373d - Grants and cooperative agreements with Indian tribes and organizations
## Text
In order to increase opportunities for Indian tribes to develop, manage, and protect their water resources, in fiscal year 2003 and thereafter, the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, is authorized to enter into grants and cooperative agreements with any Indian tribe, institution of higher education, national Indian organization, or tribal organization pursuant to sections 6301 to 6308 of title 31. Nothing in this Act is intended to modify or limit the provisions of the Indian Self Determination Act [25 U.S.C. 5321 et seq.].
(Pub. L. 1087, div. D, title II, § 201, Feb. 20, 2003, 117 Stat. 144.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, means div. D of Pub. L. 1087, Feb. 20, 2003, 117 Stat. 133, known as the Energy and Water Development Appropriations Act, 2003. For complete classification of this Act to the Code, see Tables. The Indian Self-Determination Act, referred to in text, is title I of Pub. L. 93638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.
Statutory Notes and Related Subsidiaries
Similar ProvisionsProvisions similar to those in this section were contained in the following appropriation act: Pub. L. 10766, title II, § 201, Nov. 12, 2001, 115 Stat. 499.
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# 43 U.S.C. § 373e - Bureau of Reclamation site security
## Text
(a) Treatment of capital costs Costs incurred by the Secretary of the Interior for the physical fortification of Bureau of Reclamation facilities to satisfy increased post-September 11, 2001, security needs, including the construction, modification, upgrade, or replacement of such facility fortifications, shall be nonreimbursable.
(b) Treatment of security-related operation and maintenance costs (1) Reimbursable costs The Secretary of the Interior shall include no more than $18,900,000 per fiscal year, indexed each fiscal year after fiscal year 2008 according to the preceding years Consumer Price Index, of those costs incurred for increased levels of guards and patrols, training, patrols by local and tribal law enforcement entities, operation, maintenance, and replacement of guard and response force equipment, and operation and maintenance of facility fortifications at Bureau of Reclamation facilities after the events of September 11, 2001, as reimbursable operation and maintenance costs under Reclamation law.
(2) Costs collected through water rates In the case of the Central Valley Project of California, site security costs allocated to irrigation and municipal and industrial water service in accordance with this section shall be collected by the Secretary exclusively through inclusion of these costs in the operation and maintenance water rates.
(c) Transparency and report to Congress (1) Policies and procedures The Secretary is authorized to develop policies and procedures with project beneficiaries, consistent with the requirements of paragraphs (2) and (3), to provide for the payment of the reimbursable costs described in subsection (b).
(2) Notice On identifying a Bureau of Reclamation facility for a site security measure, the Secretary shall provide to the project beneficiaries written notice—
(A) describing the need for the site security measure and the process for identifying and implementing the site security measure; and
(B) summarizing the administrative and legal requirements relating to the site security measure.
(3) Consultation The Secretary shall—
(A) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the site security measure; and
(B) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in subparagraph (A).
(4) Response; notice Before incurring costs pursuant to activities described in subsection (b), the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on such activities. The Secretary shall provide to the project beneficiary—
(A) a timely written response describing proposed actions, if any, to address the recommendation; and
(B) notice regarding the costs and status of such activities on a periodic basis.
(5) Report The Secretary shall report annually to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate on site security actions and activities undertaken pursuant to this Act for each fiscal year. The report shall include a summary of Federal and non-Federal expenditures for the fiscal year and information relating to a 5-year planning horizon for the program, detailed to show pre-September 11, 2001, and post-September 11, 2001, costs for the site security activities.
(d) Pre-September 11, 2001 security cost levels Reclamation project security costs at the levels of activity that existed prior to September 11, 2001, shall remain reimbursable.
(Pub. L. 110229, title V, § 513, May 8, 2008, 122 Stat. 843.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (c)(5), means Pub. L. 110229, May 8, 2008, 122 Stat. 754, known as the Consolidated Natural Resources Act of 2008. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 1 of Title 16, Conservation, and Tables.
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# 43 U.S.C. § 373f - Partnerships, grants, and cooperative agreements with local joint powers authorities
## Text
The Secretary may hereafter partner, provide a grant to, or enter into a cooperative agreement with local joint powers authorities formed pursuant to State law by irrigation districts and other local water districts and local governments, to advance planning and feasibility studies authorized by Congress for water storage project: Provided, That the Secretary shall ensure that all documents associated with the preparation of planning and feasibility studies and applicable environmental reviews under the National Environmental Policy Act [42 U.S.C. 4321 et seq.] for a project covered by this section shall be made available to any joint powers authority with whom the Secretary enters into an agreement to advance such project: Provided further, That the Secretary, acting through the Commissioner of the Bureau of Reclamation, shall ensure that all applicable environmental reviews under the National Environmental Policy Act, to the degree such reviews are required, are completed on an expeditious basis and that the shortest existing applicable process under the National Environmental Policy Act shall be utilized, including in the completion of feasibility studies, Draft Environmental Impact Statements (DEIS) and Final Environmental Impact Statements (FEIS): Provided further, That the Bureau of Reclamation need not complete the applicable feasibility study, DEIS or FEIS if the Commissioner determines, and the Secretary concurs, that the project can be expedited by a joint powers authority as a non-Federal project or if the project fails to meet applicable Federal cost-benefit requirements or standards: Provided further, That the Secretary shall not provide financial assistance towards these studies or projects, unless there is a demonstrable Federal interest.
(Pub. L. 11376, div. D, title II, § 208, Jan. 17, 2014, 128 Stat. 164.)
## Notes
Editorial Notes
References in TextThe National Environmental Policy Act, referred to in text, probably means the National Environmental Policy Act of 1969, Pub. L. 91190, 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.
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# 43 U.S.C. § 374 - Sale of lands acquired in connection with irrigation project
## Text
Whenever in the opinion of the Secretary of the Interior any lands which have been acquired under the provisions of the Act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), commonly called the “reclamation Act,” or under the provisions of any Act amendatory thereof or supplementary thereto, for any irrigation works contemplated by said reclamation Act are not needed for the purposes for which they were acquired, said Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons, to be appointed by him, and thereafter to sell the same for not less than the appraised value at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land. Upon payment of the purchase price, the Secretary of the Interior is authorized by appropriate deed to convey all the right, title, and interest of the United States of, in, and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person. The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been acquired.
(Feb. 2, 1911, ch. 32, §§ 13, 36 Stat. 895.)
## Notes
Editorial Notes
References in TextAct of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
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# 43 U.S.C. § 375 - Sale of land improved at expense of reclamation fund
## Text
Whenever in the opinion of the Secretary of the Interior any public lands which have been withdrawn for or in connection with construction or operation of reclamation projects under the provisions of the Act of June 17, 1902, known as the Reclamation Act 11 So in original. Probably should be followed by a comma. and Acts amendatory thereof and supplementary thereto, which are not otherwise reserved and which have been improved by and at the expense of the reclamation fund for administration or other like purposes, are no longer needed for the purposes for which they were withdrawn and improved, the Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons to be appointed by him, and thereafter sell the same, for not less than the appraised value, at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land; not less than one-fifth the purchase price shall be paid at the time of sale, and the remainder in not more than four annual payments with interest at 6 per centum per annum, payable annually, on deferred payments. Upon payment of the purchase price the Secretary of the Interior is authorized, by appropriate patent, to convey all the right, title, and interest of the United States in and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person, and if said lands are irrigable under the project in which located they shall be sold subject to compliance by the purchaser with all the terms, conditions, and limitations of the reclamation law applicable to lands of that character: Provided, That the accepted bidder must, prior to issuance of patent, furnish satisfactory evidence that he or she is a citizen of the United States. The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been withdrawn.
(May 20, 1920, ch. 192, §§ 13, 41 Stat. 605, 606.)
## Notes
Editorial Notes
References in TextAct of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
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# 43 U.S.C. § 375a - Sale under sections 374 and 375 of lands appraised at not exceeding $300
## Text
The Secretary in his discretion, in any instances where property to be sold under section 374 or 375 of this title, is appraised at not to exceed $300, may sell said property at public or private sale without complying with the provisions of said sections as to notice, publication, and mode of sale.
(Aug. 4, 1939, ch. 418, § 11, 53 Stat. 1197.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Reclamation Project Act of 1939. See sections 387 to 389 and 485 et seq. of this title.
Statutory Notes and Related Subsidiaries
Definitions The definitions in section 485a of this title apply to this section.
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# 43 U.S.C. § 375b - Disposal of tracts too small to be classed farm units
## Text
In accordance with the provisions of sections 375b to 375f of this title and notwithstanding the provisions of any other law, the Secretary of the Interior, hereinafter styled the Secretary, is authorized, in connection with any Federal irrigation project for which water is available, and after finding that such action will be in furtherance of the irrigation project and the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplemental thereto, hereinafter styled the Reclamation Act, to dispose of any tract of withdrawn public land which, in the opinion of the Secretary, has less than sufficient acreage reasonably required for the support of a family and is too small to be opened to homestead entry and classed as a farm unit under the Reclamation Act.
(Mar. 31, 1950, ch. 78, § 1, 64 Stat. 39.)
## Notes
Editorial Notes
References in TextAct of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
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# 43 U.S.C. § 375c - Sales of small tracts to resident farm owners and entrymen; price; terms; acreage purchasable
## Text
The Secretary is authorized to sell such land to resident farm owners or resident entrymen, on the project upon which such land is located, at prices not less than that fixed by independent appraisal approved by the Secretary, and upon such terms and at private sale or at public auction as he may prescribe: Provided, That such resident farm landowner or resident entryman shall be permitted to purchase under sections 375b to 375f of this title not more than one hundred and sixty acres of such land, or an area which, together with land already owned or entered on such project shall not exceed one hundred and sixty irrigable acres.
(Mar. 31, 1950, ch. 78, § 2, 64 Stat. 39.)
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# 43 U.S.C. § 375d - Issuance of patent for small tracts; reservations
## Text
After the purchaser has paid to the United States all the amount on the purchase price of such land, a patent shall be issued. Such patents shall contain a reservation of a lien for water charges when deemed appropriate by the Secretary, and reservations of coal or other mineral rights to the same extent as patents issued under the homestead laws and also other reservations, limitations, or conditions as now provided by law.
(Mar. 31, 1950, ch. 78, § 3, 64 Stat. 40.)
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# 43 U.S.C. § 375e - Moneys from sale of small tracts covered into reclamation fund; credit
## Text
The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project on which such lands are located.
(Mar. 31, 1950, ch. 78, § 4, 64 Stat. 40.)
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# 43 U.S.C. § 375f - Rules and regulations
## Text
The Secretary of the Interior is authorized to perform any and all acts and to make rules and regulations necessary and proper for carrying out the purposes of sections 375b to 375f of this title.
(Mar. 31, 1950, ch. 78, § 5, 64 Stat. 40.)
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# 43 U.S.C. § 376 - Return of land donations not needed
## Text
Where real property or any interest therein heretofore has been, or hereafter shall be, donated and conveyed to the United States for use in connection with a project, and the Secretary decides not to utilize the donation, he is authorized without charge to reconvey such property or any part thereof to the donating grantor, or to the heirs, successors, or assigns of such grantor.
(Dec. 5, 1924, ch. 4, § 4, subsec. Q, 43 Stat. 704.)
## Notes
Statutory Notes and Related Subsidiaries
Definitions The definitions in section 371 of this title apply to this section.
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# 43 U.S.C. § 377 - General expenses of Bureau of Reclamation chargeable to general reclamation fund
## Text
The cost and expense after June 30, 1945, of the office of the Commissioner in the District of Columbia, and, except for such cost and expense as are incurred on behalf of specific proj­ects, of general investigations and of nonproj­ect offices outside the District of Columbia, shall be charged to the reclamation fund and shall not be charged as a part of the reimbursable construction or operation and maintenance costs.
(Dec. 5, 1924, ch. 4, § 4, subsec. O, 43 Stat. 704; Apr. 19, 1945, ch. 80, 59 Stat. 54.)
## Notes
Editorial Notes
Amendments1945—Act Apr. 19, 1945, amended section generally and made it applicable after June 30, 1945.
Statutory Notes and Related Subsidiaries
Definitions The definitions in section 371 of this title apply to this section.
Executive Documents
Transfer of Functions 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.
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# 43 U.S.C. § 377a - Limitation on use of funds where organizations or individuals are in arrears on contract charges
## Text
No funds appropriated to the Bureau of Reclamation for operation and maintenance in this Act or in subsequent Energy and Water Development Appropriations Acts, except those derived from advances by water users, shall on and after October 2, 1992, be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation.
(Pub. L. 102377, title II, Oct. 2, 1992, 106 Stat. 1331.)
## Notes
Editorial Notes
Codification Section is from the appropriation act cited as the credit to this section.
Prior ProvisionsProvisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 102104, title II, Aug. 17, 1991, 105 Stat. 525. Pub. L. 101514, title II, Nov. 5, 1990, 104 Stat. 2086. Pub. L. 101101, title II, Sept. 29, 1989, 103 Stat. 655. Pub. L. 100371, title II, July 19, 1988, 102 Stat. 865. Pub. L. 100202, § 101(d) [title II], Dec. 22, 1987, 101 Stat. 1329104, 1329117. Pub. L. 99500, § 101(e) [title II], Oct. 18, 1986, 100 Stat. 1783194, 1783203, and Pub. L. 99591, § 101(e) [title II], Oct. 30, 1986, 100 Stat. 3341194, 3341203. Pub. L. 99141, title II, Nov. 1, 1985, 99 Stat. 570. Pub. L. 98360, title II, July 16, 1984, 98 Stat. 410. Pub. L. 9850, title II, July 14, 1983, 97 Stat. 253. Pub. L. 9788, title II, Dec. 4, 1981, 95 Stat. 1140. Pub. L. 96367, title III, Oct. 1, 1980, 94 Stat. 1342. Pub. L. 9669, title III, Sept. 25, 1979, 93 Stat. 447. Pub. L. 9596, title III, Aug. 7, 1977, 91 Stat. 804. Pub. L. 94355, title III, July 12, 1976, 90 Stat. 896. Pub. L. 94180, title III, Dec. 26, 1975, 89 Stat. 1043. Pub. L. 93393, title III, Aug. 28, 1974, 88 Stat. 788. Pub. L. 9397, title III, Aug. 16, 1973, 87 Stat. 324. Pub. L. 92405, title III, Aug. 25, 1972, 86 Stat. 627. Pub. L. 92134, title III, Oct. 5, 1971, 85 Stat. 371. Pub. L. 91349, title III, Oct. 7, 1970, 84 Stat. 899. Pub. L. 91144, title III, Dec. 11, 1969, 83 Stat. 332. Pub. L. 90479, title II, Aug. 12, 1968, 82 Stat. 711. Pub. L. 90147, title II, Nov. 20, 1967, 81 Stat. 478. Pub. L. 89689, title II, Oct. 15, 1966, 80 Stat. 1009. Pub. L. 89299, title II, Oct. 28, 1965, 79 Stat. 1104. Pub. L. 88511, title II, Aug. 30, 1964, 78 Stat. 689. Pub. L. 88257, title II, Dec. 31, 1963, 77 Stat. 850. Pub. L. 87880, title II, Oct. 24, 1962, 76 Stat. 1222. Pub. L. 87330, title II, Sept. 30, 1961, 75 Stat. 727. Pub. L. 86700, title II, Sept. 2, 1960, 74 Stat. 748. Pub. L. 86254, title II, Sept. 10, 1959, 73 Stat. 497. Pub. L. 85863, title II, Sept. 2, 1958, 72 Stat. 1577. Pub. L. 85167, title II, Aug. 26, 1957, 71 Stat. 421. July 2, 1956, ch. 490, title II, 70 Stat. 478. July 15, 1955, ch. 370, title II, 69 Stat. 359. July 1, 1954, ch. 446, title I, 68 Stat. 368. July 31, 1953, ch. 298, title I, 67 Stat. 268. July 9, 1952, ch. 597, title I, 66 Stat. 453. Aug. 31, 1951, ch. 375, title I, 65 Stat. 258. Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 688.
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# 43 U.S.C. § 377b - Availability of appropriations for Bureau of Reclamation
## Text
Appropriations for the Bureau of Reclamation in this Act or in subsequent Energy and Water Development Appropriations Acts shall on and after October 2, 1992, be available for payment of claims for damages to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation, not to exceed $5,000,000 for each causal event giving rise to a claim or claims; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiations and administration of interstate compacts without reimbursement or return under the reclamation laws; services as authorized by section 3109 of title 5, in total not to exceed $500,000 per year; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head “Operation and Maintenance Administration”, Bureau of Reclamation, in the Interior Department Appropriations Act 11 So in original. Probably should be followed by a comma. 1945; preparation and dissemination of useful information including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in chapters 3125 and 3201 of title 54: Provided, That on and after October 2, 1992, no part of any appropriation made in this Act or in subsequent Energy and Water Development Appropriations Acts shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except “General Administrative Expenses”, amounts provided for plan formulation investigations under the head “General Investigations”, and amounts provided for science and technology under the head “Construction Program”. Sums appropriated in this Act or in subsequent Energy and Water Development Appropriations Acts which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law. No part of any appropriation for the Bureau of Reclamation, contained in this Act, in any prior Act, or in subsequent Energy and Water Development Appropriations Acts which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 1341 of title 31. None of the funds made available by this or any other Act or by any subsequent Act shall on and after October 2, 1992, be used by the Bureau of Reclamation for contracts for surveying and mapping services unless such contracts for which a solicitation is issued after the date of this Act 22 See References in Text note below. are awarded in accordance with title IX of the Federal Property and Administrative Service 33 So in original. Probably should be “Services”. Act of 1949.2
(Pub. L. 102377, title II, Oct. 2, 1992, 106 Stat. 1330, 1331; Pub. L. 108137, title II, § 206, Dec. 1, 2003, 117 Stat. 1849; Pub. L. 113287, § 5(l)(1), Dec. 19, 2014, 128 Stat. 3270.)
## Notes
Editorial Notes
References in TextThe Interior Department Appropriations Act 1945, referred to in text, is act June 28, 1944, ch. 298, 58 Stat. 463, which is not classified to the Code. The heading “Operation and maintenance administration” appears at 58 Stat. 487 following the heading “Bureau of Reclamation” which appears at 58 Stat. 486. Act of April 19, 1945 (43 U.S.C. 377), referred to in text, is act April 19, 1945, ch. 80, 59 Stat. 54, which amended section 377 of this title. For complete classification of this Act to the Code, see Tables. The date of this Act, referred to in text, probably means the date of enactment of Pub. L. 102377, which enacted this section, and which was approved Oct. 2, 1992. The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377. Title IX of the Act, which was classified generally to subchapter VI (§ 541 et seq.) of chapter 10 of former Title 40, Public Buildings, Property, and Works, was repealed and reenacted by Pub. L. 107217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapter 11 (§ 1101 et seq.) of Title 40, Public Buildings, Property, and Works. For disposition of sections of former Title 40 to revised Title 40, see Table preceding section 101 of Title 40. For complete classification of this Act to the Code, see Tables.
Codification Section is comprised of the second, third, fourth, and sixth undesignated pars. under headings “Bureau of Reclamation” and “administrative provisions” in title II of Pub. L. 102377, Oct. 2, 1992, 106 Stat. 1330, 1331.
Amendments2014—Pub. L. 113287, which directed that the second paragraph under the heading “administrative provisions” under the heading “Bureau of Reclamation” (43 U.S.C. 377b), be amended by substituting “chapters 3125 and 3201 of title 54” for “the Acts of August 21, 1935 (16 U.S.C. 461467) and June 27 1960 (16 U.S.C. 469)” without specifying a public law, was executed by making the substitution for “the Acts of August 21, 1935 (16 U.S.C. 461467) and June 27, 1960 (16 U.S.C. 469)” in the first paragraph of this section, which is the second undesignated par. under the headings “Bureau of Reclamation” and “administrative provisions” in title II of Pub. L. 102377, Oct. 2, 1992, 106 Stat. 1330, to reflect the probable intent of Congress. See Codification note above. 2003—Pub. L. 108137 inserted in first par. “, not to exceed $5,000,000 for each causal event giving rise to a claim or claims” after “activities of the Bureau of Reclamation”.
Statutory Notes and Related Subsidiaries
Operations and Maintenance Costs of Certain Bureau of Reclamation Dams and DikesPub. L. 115270, title IV, § 4309, Oct. 23, 2018, 132 Stat. 3889, as amended by Pub. L. 117263, div. E, title LIX, § 5944, Dec. 23, 2022, 136 Stat. 3472, provided that: “(a) In General.—Notwithstanding any other provision of law (including regulations), effective during the one-year period beginning on the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 [Dec. 23, 2022], the Federal share of the dam safety modifications costs of a dam or dike described in subsection (b), including repairing or replacing a gate or ancillary gate components, shall be 100 percent. “(b) Description of Dams and Dikes.—A dam or dike referred to in subsection (a) is a dam or dike—“(1) that is owned by the Bureau of Reclamation on the date of enactment of this section [Oct. 23, 2018]; “(2) the construction of which was completed not later than December 31, 1948; “(3) a corrective action study for which was completed not later than December 31, 2015; and “(4) the construction of which was authorized by the Act of June 28, 1938 (52 Stat. 1215, chapter 795).”
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# 43 U.S.C. § 378 - Omitted
## Notes
Editorial Notes
Codification Section, act June 30, 1906, ch. 3912, 34 Stat. 663, authorized Secretary of the Interior to contract for office accommodations for Bureau of Reclamation in city of Washington. Construction of a building to afford office space for the bureau was authorized by act Mar. 4, 1913, ch. 147, § 9, 37 Stat. 880.
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# 43 U.S.C. § 379 - Purchase of scientific books, law books, etc.
## Text
The Secretary of the Interior may authorize the purchase of such law books, books of reference, periodicals, engineering and statistical publications as are needed in carrying out the surveys and examinations authorized by the Act of June seventeenth, nineteen hundred and two, entitled “An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories for the construction of irrigation works for the reclamation of arid lands.”
(May 27, 1908, ch. 200, 35 Stat. 350.)
## Notes
Editorial Notes
References in TextAct of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
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# 43 U.S.C. § 380 - Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029
## Notes
Section, act July 1, 1918, ch. 113, 40 Stat. 675, authorized purchases and procurement of services without advertising and formal contract.
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# 43 U.S.C. § 381 - Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 639
## Notes
Section, acts June 17, 1902, ch. 1093, § 5, 32 Stat. 389; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided for commissions of registers and receivers of land offices.
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# 43 U.S.C. § 382 - Repealed. Pub. L. 87304, § 9(a)(3), Sept. 26, 1961, 75 Stat. 664
## Notes
Section, act May 27, 1908, ch. 200, 35 Stat. 350, related to assignment of pay by employees of Bureau of Reclamation. See section 5525 of Title 5, Government Organization and Employees.
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# 43 U.S.C. § 383 - Vested rights and State laws unaffected
## Text
Nothing in this Act shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary of the Interior, in carrying out the provisions of this Act, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof.
(June 17, 1902, ch. 1093, § 8, 32 Stat. 390.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act June 17, 1902, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
Codification Section is comprised of section 8 (less proviso) of act June 17, 1902. The remainder of section 8 is classified to section 372 of this title.
Statutory Notes and Related Subsidiaries
Section as Unaffected by Submerged Lands ActProvisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.
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# 43 U.S.C. § 384 - Extension of time for payment of charges accrued prior to March 2, 1924, and January 1, 1925
## Text
(a) The Secretary of the Interior is authorized and empowered, in his discretion, to defer the dates of payments of any charges, rentals, and penalties which have accrued prior to the 2d day of March, 1924, under the Act of June 17, 1902 (32 Stat. 388), and amendatory and supplemental acts or prior to that date, as against water users on any irrigation project being constructed or operated and maintained under the direction of the Commissioner of Indian Affairs, as may, in his judgment, be necessary in or concerning any irrigation project existing on May 9, 1924, under said act: Provided, That no payment shall be deferred under this section in any particular case beyond March 1, 1927: Provided, That upon such adjustment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and maintenance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is hereby extended, shall draw interest at the rate of 5 per centum per annum, paid annually from the time said amount became due to date of payment: And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this section, any penalty provided by the law in effect on May 9, 1924, shall thereupon attach from the date of such default.
(b) Where an individual water user, or individual applicant for a water right under a Federal irrigation project constructed or being constructed under the Act of June 17, 1902 (32 Stat. 388), or any act amendatory thereof or supplementary thereto, makes application prior to January 1, 1925, alleging that he will be unable to make the payments as required in subsection (a) hereof, the Secretary of the Interior is authorized in his discretion prior to March 1, 1925, to add such accrued and unpaid charges to the construction charge of the land of such water user or applicant, and to distribute such accumulated charges equally over each of the subsequent years, beginning with the year 1925, or, in the discretion of the Secretary, distribute a total of one-fourth over the first half of the remaining years of the 20-year period beginning with the year 1925, and three-fourths over the second half of such period, so as to complete the payment during the remaining years of the 20-year period of payment of the original construction charge: Provided, That upon such adjustment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and maintenance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is extended, shall draw interest at the rate of 5 per centum per annum, paid annually from the time said amount became due to the date of payment: Provided further, That the applicant for the extension shall first show to the satisfaction of the Secretary of the Interior detailed statement of his assets and liabilities and probable inability to make payment at the time required in subsection (a): And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this section, any penalty provided by law, prior to May 9, 1924, shall thereupon attach from the date of such default: And provided further, That similar relief in whole or in part may be extended by the Secretary of the Interior to a legally organized group of water users of a project, upon presentation of a sufficient number of individual showings made in accordance with the foregoing proviso to satisfy the Secretary of the Interior that such extension is necessary.
(May 9, 1924, ch. 150, §§ 1, 2, 43 Stat. 116.)
## Notes
Editorial Notes
References in TextAct of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
Executive Documents
Transfer of Functions 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.
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# 43 U.S.C. § 385 - Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 649
## Notes
Section, act Aug. 9, 1937, ch. 570, § 1, 50 Stat. 592, related to contracts for medical attention and service for employees.
Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 647 to 649, also repealed acts Jan. 12, 1927, ch. 27, 44 Stat. 957; Mar. 7, 1928, ch. 137, 45 Stat. 227; Mar. 4, 1929, ch. 705, § 1, 45 Stat. 1589; May 14, 1930, ch. 273, § 1, 46 Stat. 306; Feb. 14, 1931, ch. 187, § 1, 46 Stat. 1142; Apr. 22, 1932, ch. 125, § 1, 47 Stat. 114; Feb. 17, 1933, ch. 98, § 1, 47 Stat. 842; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 380; May 9, 1935, ch. 101, § 1, 49 Stat. 197, and June 22, 1936, ch. 691, § 1, 49 Stat. 1781, which contained similar provisions.
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# 43 U.S.C. § 385a - Payments to school districts for education of dependents of construction personnel; cooperative arrangements; chargeable to project
## Text
The Secretary of the Interior, giving due consideration to the temporary nature of the requirements therefor, is authorized to make such provision as he deems to be necessary and in the public interest for the education of dependents of persons employed on the actual construction of projects or features of projects, by the Bureau of Reclamation, in any cases in which he finds that by reason of such construction activity, an undue burden is, or will be cast upon the facilities of the public-school districts serving the areas in which construction is being undertaken, and to pay for the same from any funds available for the construction of said projects: Provided, That the Secretary of the Interior shall enter into cooperative arrangements with local school districts wherein such features are situated to contribute toward covering the cost of furnishing the educational services required for such dependents, or for the operation by those school districts of Government facilities, or for the expansion of local school facilities. Such cost incurred hereunder shall be charged to the project concerned and shall be repayable in the same manner and to the same extent as are its other costs of construction.
(June 29, 1948, ch. 733, § 1, 62 Stat. 1108.)
## Notes
Executive Documents
Transfer of Functions 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.
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# 43 U.S.C. § 385b - Repealed. Pub. L. 86533, § 1(18), June 29, 1960, 74 Stat. 248
## Notes
Section, act June 29, 1948, ch. 733, § 2, 62 Stat. 1108, related to reports to Congress of all activities undertaken pursuant to provisions of section 385a of this title.
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# 43 U.S.C. § 385c - Omitted
## Notes
Editorial Notes
Codification Section, which related to tuition charge per pupil, was from the Interior Department Appropriation Act, 1949, act June 29, 1948, ch. 754, 62 Stat. 1125, and was not repeated in subsequent appropriation acts.
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# 43 U.S.C. § 386 - Application of excess-land provisions of reclamation laws to certain lands
## Text
The excess-land provisions of the Federal reclamation laws shall not be applicable to lands which on June 16, 1938, had an irrigation water supply from sources other than a Federal reclamation project and which will receive a supplemental supply from the Colorado-Big Thompson project.
(June 16, 1938, ch. 485, 52 Stat. 764.)
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# 43 U.S.C. § 387 - Removal of sand, gravel, etc.; leases, easements, etc.
## Text
The Secretary, in his discretion, may (a) permit the removal, from lands or interests in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project, of sand, gravel, and other minerals and building materials with or without competitive bidding: Provided, That removals may be permitted without charge if for use by a public agency in the construction of public roads or streets within any project or in its immediate vicinity; and (b) grant leases and licenses for periods not to exceed fifty years, and easements or rights-of-way with or without limitation as to period of time affecting lands or interest in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project: Provided, That, if a water users organization is under contract obligation for repayment on account of the project or division involved, easements or rights-of-way for periods in excess of twenty-five years shall be granted only upon prior written approval of the governing board of such organization. Such permits or grants shall be made only when, in the judgment of the Secretary, their exercise will not be incompatible with the purposes for which the lands or interests in lands are being administered, and shall be on such terms and conditions as in his judgment will adequately protect the interests of the United States and the project for which said lands or interests in lands are being administered.
(Aug. 4, 1939, ch. 418, § 10, 53 Stat. 1196; Aug. 18, 1950, ch. 752, 64 Stat. 463.)
## Notes
Editorial Notes
References in TextThe Federal reclamation laws, referred to in text, are defined in section 485a of this title.
Amendments1950—Act Aug. 18, 1950, permitted Secretary to grant permanent easements or rights-of-way provided that no easement or right-of-way in excess of 25 years be granted unless there has been prior written approval by the governing board of that water users organization as may be under contract obligation for repayment on account of the project involved.
Statutory Notes and Related Subsidiaries
Definitions The definitions in section 485a of this title apply to this section.
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# 43 U.S.C. § 388 - Contracts for materials; liability of United States
## Text
When appropriations have been made for the commencement or continuation of construction or operation and maintenance of any project, the Secretary may, in connection with such construction or operation and maintenance, enter into contracts for miscellaneous services, for materials and supplies, as well as for construction, which may cover such periods of time as the Secretary may consider necessary but in which the liability of the United States shall be contingent upon appropriations being made therefor.
(Aug. 4, 1939, ch. 418, § 12, 53 Stat. 1197.)
## Notes
Statutory Notes and Related Subsidiaries
Definitions The definitions in section 485a of this title apply to this section.
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# 43 U.S.C. § 389 - Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy
## Text
The Secretary is authorized, in connection with the construction or operation and maintenance of any project, (a) to purchase or condemn suitable lands or interests in lands for relocation of highways, roadways, railroads, telegraph, telephone, or electric transmission lines, or any other properties whatsoever, the relocation of which in the judgment of the Secretary is necessitated by said construction or operation and maintenance, and to perform any or all work involved in said relocations on said lands or interests in lands, other lands or interests in lands owned and held by the United States in connection with the construction or operation and maintenance of said project, or properties not owned by the United States; (b) to enter into contracts with the owners of said properties whereby they undertake to acquire any or all property needed for said relocation, or to perform any or all work involved in said relocations; and (c) for the purpose of effecting completely said relocations, to convey or exchange Government properties acquired or improved under (a) above, with or without improvements, or other properties owned and held by the United States in connection with the construction or operation and maintenance of said project, or to grant perpetual easements therein or thereover. Grants or conveyances hereunder shall be by instruments executed by the Secretary without regard to provisions of law governing the patenting of public lands. The Secretary is further authorized, for the purpose of orderly and economical construction or operation and maintenance of any project, to enter into such contracts for exchange or replacement of water, water rights, or electric energy or for the adjustment of water rights, as in his judgment are necessary and in the interests of the United States and the project.
(Aug. 4, 1939, ch. 418, § 14, 53 Stat. 1197.)
## Notes
Statutory Notes and Related Subsidiaries
Definitions The definitions in section 485a of this title apply to this section.
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# 43 U.S.C. § 390 - Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation
## Text
On and after December 22, 1944, whenever the Secretary of the Army determines, upon recommendation by the Secretary of the Interior that any dam and reservoir project operated under the direction of the Secretary of the Army may be utilized for irrigation purposes, the Secretary of the Interior is authorized to construct, operate, and maintain, under the provisions of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), such additional works in connection therewith as he may deem necessary for irrigation purposes. Such irrigation works may be undertaken only after a report and findings thereon have been made by the Secretary of the Interior as provided in said Federal reclamation laws and after subsequent specific authorization of the Congress by an authorization Act; and, within the limits of the water users repayment ability such report may be predicated on the allocation to irrigation of an appropriate portion of the cost of structures and facilities used for irrigation and other purposes. Dams and reservoirs operated under the direction of the Secretary of the Army may be utilized after December 22, 1944, for irrigation purposes only in conformity with the provisions of this section, but the foregoing requirement shall not prejudice lawful uses now existing: Provided, That this section shall not apply to any dam or reservoir heretofore constructed in whole or in part by the Army engineers, which provides conservation storage of water for irrigation purposes. In the case of any reservoir project constructed and operated by the Corps of Engineers, the Secretary of the Army is authorized to allocate water which was allocated in the project purpose for municipal and industrial water supply and which is not under contract for delivery, for such periods as he may deem reasonable, for the interim use for irrigation purposes of such storage until such storage is required for municipal and industrial water supply. No contracts for the interim use of such storage shall be entered into which would significantly affect then-existing uses of such storage.
(Dec. 22, 1944, ch. 665, § 8, 58 Stat. 891; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 99662, title IX, § 931, Nov. 17, 1986, 100 Stat. 4196.)
## Notes
Editorial Notes
References in TextAct of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
Amendments1986—Pub. L. 99662 inserted at end “In the case of any reservoir project constructed and operated by the Corps of Engineers, the Secretary of the Army is authorized to allocate water which was allocated in the project purpose for municipal and industrial water supply and which is not under contract for delivery, for such periods as he may deem reasonable, for the interim use for irrigation purposes of such storage until such storage is required for municipal and industrial water supply. No contracts for the interim use of such storage shall be entered into which would significantly affect then-existing uses of such storage.”
Statutory Notes and Related Subsidiaries
Change of Name Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
Extension of Variable Payment PlanAuthority of Secretary to extend benefits of variable payment plan to organizations with which he contracts or has contracted for the repayment of construction costs allocated to irrigation on any project undertaken by the United States, including contracts for the storage of water or for the use of stored water under this section, see section 2 of Pub. L. 85611, Aug. 8, 1958, 72 Stat. 542, set out as a note under section 485h of this title.
Section as Unaffected by Submerged Lands ActProvisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.
Executive Documents
Transfer of Functions For transfer of certain real property and functions relating to real property, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order Nos. 14, eff. July 1, 1948, and 40 [App. B(133)], July 22, 1949.
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# 43 U.S.C. § 390a - Repealed. Pub. L. 105362, title IX, § 901(e)(2), Nov. 10, 1998, 112 Stat. 3289
## Notes
Section, acts July 31, 1953, ch. 298, title I, 67 Stat. 266; Pub. L. 99294, § 10, May 12, 1986, 100 Stat. 426, related to conditions precedent for construction of dams, reservoir, or water supply.
Provisions similar to those in this section were contained in act July 9, 1952, ch. 597, title I, 66 Stat. 451, prior to repeal by Pub. L. 105362, title IX, § 901(e)(1), Nov. 10, 1998, 112 Stat. 3289.
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# 43 U.S.C. § 390aa - Congressional declaration of purpose; short title
## Text
This subchapter shall amend and supplement the Act of June 17, 1902, and Acts supplementary thereto and amendatory thereof (43 U.S.C. 371), hereinafter referred to as “Federal reclamation law”. This subchapter may be referred to as the “Reclamation Reform Act of 1982”.
(Pub. L. 97293, title II, § 201, Oct. 12, 1982, 96 Stat. 1263.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in text, was in the original “this title”, meaning title II (§§ 201230) of Pub. L. 97293, Oct. 12, 1982, 96 Stat. 1263, known as the Reclamation Reform Act of 1982, which enacted this subchapter, amended sections 373a, 422e, 425b, and 485h of this title, and repealed section 383 of Title 25, Indians. For complete classification of title II to the Code, see Tables. Act of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
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# 43 U.S.C. § 390b1 - Improving planning and administration of water supply storage
## Text
(1) In general For each water supply feature of a reservoir managed by the Secretary, the Secretary shall notify the applicable non-Federal interests before each fiscal year of the anticipated operation and maintenance activities for that fiscal year and each of the subsequent 4 fiscal years (including the cost of those activities) for which the non-Federal interests are required to contribute amounts.
(2) Clarification The information provided to a non-Federal interest under paragraph (1) shall—
(A) be an estimate which the non-Federal interest may use for planning purposes; and
(B) not be construed as or relied upon by the non-Federal interest as the actual amounts that the non-Federal interest will be required to contribute.
(Pub. L. 113121, title I, § 1046(b), June 10, 2014, 128 Stat. 1254.)
## Notes
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of Title 33, Navigation and Navigable Waters.
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# 43 U.S.C. § 390b2 - Leveraging Federal infrastructure for increased water supply
## Text
(a) In general At the request of a non-Federal interest, the Secretary may review proposals to increase the quantity of available supplies of water at a Federal water resources development project through—
(1) modification of the project;
(2) modification of how the project is managed; or
(3) accessing water released from the project.
(b) Proposals included A proposal under subsection (a) may include—
(1) increasing the storage capacity of the project;
(2) diversion of water released or withdrawn from the project—
(A) to recharge groundwater;
(B) to aquifer storage and recovery; or
(C) to any other storage facility;
(3) construction of facilities for delivery of water from pumping stations constructed by the Secretary;
(4) construction of facilities to access water; and
(5) a combination of the activities described in paragraphs (1) through (4).
(c) Exclusions This section shall not apply to a proposal that—
(1) reallocates existing water supply or hydropower storage; or
(2) reduces water available for any authorized project purpose.
(d) Other Federal projects In any case in which a proposal relates to a Federal project that is not operated by the Secretary, this section shall apply only to activities under the authority of the Secretary.
(e) Review process (1) Notice On receipt of a proposal submitted under subsection (a), the Secretary shall provide a copy of the proposal to each entity described in paragraph (2) and, if applicable, the Federal agency that operates the project, in the case of a project operated by an agency other than the Department of the Army.
(2) Public participation In reviewing proposals submitted under subsection (a), and prior to making any decisions regarding a proposal, the Secretary shall comply with all applicable public participation requirements under law, including consultation with—
(A) affected States;
(B) power marketing administrations, in the case of reservoirs with Federal hydropower projects;
(C) entities responsible for operation and maintenance costs;
(D) any entity that has a contractual right from the Federal Government or a State to withdraw water from, or use storage at, the project;
(E) entities that the State determines hold rights under State law to the use of water from the project; and
(F) units of local government with flood risk reduction responsibilities downstream of the project.
(f) Authorities A proposal submitted to the Secretary under subsection (a) may be reviewed and approved, if applicable and appropriate, under—
(1) the specific authorization for the water resources development project;
(2) section 549a of title 33;
(3) section 390b of this title; and
(4) section 408 of title 33.
(g) Limitations The Secretary shall not approve a proposal submitted under subsection (a) that—
(1) is not supported by the Federal agency that operates the project, if that agency is not the Department of the Army;
(2) interferes with an authorized purpose of the project;
(3) adversely impacts contractual rights to water or storage at the reservoir;
(4) adversely impacts legal rights to water under State law, as determined by an affected State;
(5) increases costs for any entity other than the entity that submitted the proposal; or
(6) if a project is subject to section 390b(e) of this title, makes modifications to the project that do not meet the requirements of that section unless the modification is submitted to and authorized by Congress.
(h) Cost share (1) In general Except as provided in paragraph (2), 100 percent of the cost of developing, reviewing, and implementing a proposal submitted under subsection (a) shall be provided by an entity other than the Federal Government.
(2) Planning assistance to states In the case of a proposal from an entity authorized to receive assistance under section 1962d16 of title 42, the Secretary may use funds available under that section to pay 50 percent of the cost of a review of a proposal submitted under subsection (a).
(3) Operation and maintenance costs (A) In general Except as provided in subparagraphs (B) and (C), the operation and maintenance costs for the non-Federal sponsor of a proposal submitted under subsection (a) shall be 100 percent of the separable operation and maintenance costs associated with the costs of implementing the proposal.
(B) Certain water supply storage projects For a proposal submitted under subsection (a) for constructing additional water supply storage at a reservoir for use under a water supply storage agreement, in addition to the costs under subparagraph (A), the non-Federal costs shall include the proportional share of any joint-use costs for operation, maintenance, repair, replacement, or rehabilitation of the reservoir project determined in accordance with section 390b of this title.
(C) Voluntary contributions An entity other than an entity described in subparagraph (A) may voluntarily contribute to the costs of implementing a proposal submitted under subsection (a).
(i) Contributed funds (1) Contributed funds for corps projects The Secretary may may receive and expend funds contributed by a non-Federal interest for the review and approval of a proposal submitted under subsection (a).
(2) Contributed funds for other Federal reservoir projects (A) In general The Secretary is authorized to receive and expend funds from a non-Federal interest or a Federal agency that owns a Federal reservoir project described in subparagraph (B) to formulate, review, or revise operational documents pursuant to a proposal submitted in accordance with subsection (a) for such a Federal reservoir project.
(B) Federal reservoir projects described A Federal reservoir project referred to in subparagraph (A) is a reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 709 of title 33.
(j) Assistance On request by a non-Federal interest, the Secretary may provide technical assistance in the development or implementation of a proposal under subsection (a), including assistance in obtaining necessary permits for construction, if the non-Federal interest contracts with the Secretary to pay all costs of providing the technical assistance.
(k) Exclusion This section shall not apply to reservoirs in—
(1) the Upper Missouri River;
(2) the Apalachicola-Chattahoochee-Flint river system;
(3) the Alabama-Coosa-Tallapoosa river system; and
(4) the Stones River.
(l) Effect of section Nothing in this section affects or modifies any authority of the Secretary to review or modify reservoirs.
(Pub. L. 114322, title I, § 1118, Dec. 16, 2016, 130 Stat. 1640; Pub. L. 116260, div. AA, title I, § 162, Dec. 27, 2020, 134 Stat. 2667; Pub. L. 118272, div. A, title I, § 1165, Jan. 4, 2025, 138 Stat. 3049.)
## Notes
Editorial Notes
Amendments2025—Subsec. (i)(2). Pub. L. 118272 added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The Secretary is authorized to receive and expend funds from a non-Federal interest to formulate, review, or revise operational documents, pursuant to a proposal submitted in accordance subsection (a), for any reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to section 709 of title 33.” 2020—Subsec. (i). Pub. L. 116260 designated existing provisions as par. (1), inserted heading, and added par. (2).
Statutory Notes and Related Subsidiaries
“Secretary” Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322, set out as a note under section 2201 of Title 33, Navigation and Navigable Waters.
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# 43 U.S.C. § 390bb - Definitions
## Text
As used in this subchapter:
(1) The term “contract” means any repayment or water service contract between the United States and a district providing for the payment of construction charges to the United States including normal operation, maintenance, and replacement costs pursuant to Federal reclamation law.
(2) The term “district” means any individual or any legal entity established under State law which has entered into a contract or is eligible to contract with the Secretary for irrigation water.
(3) (A) The term “full cost” means an annual rate as determined by the Secretary that shall amortize the expenditures for construction properly allocable to irrigation facilities in service, including all operation and maintenance deficits funded, less payments, over such periods as may be required under Federal reclamation law or applicable contract provisions, with interest on both accruing from October 12, 1982, on costs outstanding at that date, or from the date incurred in the case of costs arising subsequent to October 12, 1982: Provided, That operation, maintenance, and replacement charges required under Federal reclamation law, including this subchapter, shall be collected in addition to the full cost charge.
(B) The interest rate used for expenditures made on or before October 12, 1982, shall be determined by the Secretary of the Treasury on the basis of the weighted average yield of all interest bearing, marketable issues sold by the Treasury during the fiscal year in which the expenditures by the United States were made, but shall not be less than 7½ per centum per annum.
(C) The interest rate used for expenditures made after October 12, 1982, shall be determined by the Secretary of the Treasury on the basis of the arithmetic average of—
(i) the rate as of the beginning of the fiscal year in which expenditures are made on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issuance; and
(ii) the weighted average yield on all interest-bearing, marketable issues sold by the Treasury during the fiscal year preceding the fiscal year in which the expenditures are made.
(4) The term “individual” means any natural person, including his or her spouse, and including other dependents thereof within the meaning of the Internal Revenue Code of 1986 (26 U.S.C. 152).
(5) The term “irrigation water” means water made available for agricultural purposes from the operation of reclamation project facilities pursuant to a contract with the Secretary.
(6) The term “landholding” means total irrigable acreage of one or more tracts of land situated in one or more districts owned or operated under a lease which is served with irrigation water pursuant to a contract with the Secretary. In determining the extent of a landholding the Secretary shall add to any landholding held directly by a qualified or limited recipient that portion of any landholding held indirectly by such qualified or limited recipient which benefits that qualified or limited recipient in proportion to that landholding.
(7) The term “limited recipient” means any legal entity established under State or Federal law benefiting more than twenty-five natural persons.
(8) The term “project” means any reclamation or irrigation project, including incidental features thereof, authorized by Federal reclamation law, or constructed by the United States pursuant to such law, or in connection with which there is a repayment or water service contract executed by the United States pursuant to such law, or any project constructed by the Secretary through the Bureau of Reclamation for the reclamation of lands.
(9) The term “qualified recipient” means an individual who is a citizen of the United States or a resident alien thereof or any legal entity established under State or Federal law which benefits twenty-five natural persons or less.
(10) The term “recordable contract” means a contract between the Secretary and a landowner in writing capable of being recorded under State law providing for the sale or disposition of lands held in excess of the ownership limitations of Federal reclamation law including this subchapter.
(11) The term “Secretary” means the Secretary of the Interior.
(Pub. L. 97293, title II, § 202, Oct. 12, 1982, 96 Stat. 1263; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
## Notes
Editorial Notes
References in TextFederal reclamation law, referred to in pars. (1), (3)(A), (8), and (10), is defined in section 390aa of this title.
Amendments1986—Par. (4). Pub. L. 99514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
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# 43 U.S.C. § 390c - Water reservoirs; interests of States and local agencies in storage space
## Text
Cognizant that many States and local interests have in the past contributed to the Government, or have contracted to pay to the Government over a specified period of years, money equivalent to the cost of providing for them water storage space at Government-owned dams and reservoirs, constructed by the Corps of Engineers of the United States Army, and that such practices will continue, and, that no law defines the duration of their interest in such storage space, and realizing that such States and local interests assume the obligation of paying substantially their portion of the cost of providing such facilities, their right to use may be continued during the existence of the facility as hereinafter provided.
(Pub. L. 88140, § 1, Oct. 16, 1963, 77 Stat. 249.)
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title_name: "PUBLIC LANDS"
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# 43 U.S.C. § 390cc - New or amended contracts
## Text
(a) Generally The provisions of this subchapter shall be applicable to any district which—
(1) enters into a contract with the Secretary subsequent to October 12, 1982;
(2) enters into any amendment of its contract with the Secretary subsequent to October 12, 1982, which enables the district to receive supplemental or additional benefits; or
(3) which amends its contract for the purpose of conforming to the provisions of this subchapter.
(b) Amendment of existing contracts Any district which has an existing contract with the Secretary as of October 12, 1982, which does not enter into an amendment of such contract as specified in subsection (a) shall be subject to Federal reclamation law in effect immediately prior to October 12, 1982, as that law is amended or supplemented by sections 209 through 230 of this title [43 U.S.C. 390ii—390zz1, 373a, 422e, 425b, 485h]. Within a district that does not enter into an amendment of its contract with the Secretary within four and one-half years of October 12, 1982, irrigation water may be delivered to lands leased in excess of a landholding of one hundred and sixty acres only if full cost, as defined in section 390bb(3)(A) of this title, is paid for such water as is assignable to those lands leased in excess of such landholding of one hundred and sixty acres: Provided, That the interest rate used in computing full cost under this subsection shall be the same as provided in section 390ee(a)(3) of this title.
(c) Election by qualified or limited recipients in absence of amendment to contract In the absence of an amendment to a contract, as specified in subsection (a), a qualified recipient or limited recipient may elect to be subject to the provisions of this subchapter by executing an irrevocable election in a form approved by the Secretary to comply with this subchapter. The district shall thereupon deliver irrigation water to and collect from such recipient, for the credit of the United States, the additional charges required by this subchapter and assignable to the recipient making the election.
(d) Consent of non-Federal party Amendments to contracts which are not required by the provisions of this subchapter shall not be made without the consent of the non-Federal party.
(Pub. L. 97293, title II, § 203, Oct. 12, 1982, 96 Stat. 1264.)
## Notes
Editorial Notes
References in TextFederal reclamation law, referred to in subsec. (b), is defined in section 390aa of this title. Sections 209 through 230 of this title, referred to in subsec. (b), are sections 209 through 230 of title II of Pub. L. 97293, which enacted sections 390ii through 390zz1 of this title, amended sections 373a, 422e, 425b, and 485h of this title, and repealed section 383 of Title 25, Indians.
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# 43 U.S.C. § 390d - Dams and reservoirs wherein costs thereof, or rights thereto, have been acquired by local interests
## Text
Sections 390c to 390f of this title are applicable to all dams and reservoirs heretofore or hereafter constructed by the United States Government (acting through the Corps of Engineers of the United States Army) wherein either a part of the construction cost thereof shall have been contributed or may be contributed by States or local interests (hereinafter called “local interests”) or local interests have acquired or may acquire rights to utilize certain storage space thereof by making payments during the period of such use as specified in the agreement with the Government and wherein the amount of money paid, exclusive of interest, is equivalent to the cost of providing that part of such dam and reservoir which is allocated to such use, whether such share of cost shall have been determined by the “incremental cost” method or by the “separable costs-remaining benefits” method or by any other method. Included among the dams and reservoirs affected by sections 390c to 390f of this title are those constructed by the Corps of Engineers of the Department of the Army, but nothing in sections 390c to 390f of this title shall be construed to affect or modify section 390 of this title.
(Pub. L. 88140, § 2, Oct. 16, 1963, 77 Stat. 249.)
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# 43 U.S.C. § 390dd - Limitation on ownership
## Text
Except as provided in section 390ii of this title, irrigation water may not be delivered to—
(1) a qualified recipient for use in the irrigation of lands owned by such qualified recipient in excess of nine hundred and sixty acres of class I lands or the equivalent thereof; or
(2) a limited recipient for the use in the irrigation of lands owned by such limited recipient in excess of six hundred and forty acres of class I lands or the equivalent thereof;
whether situated in one or more districts.
(Pub. L. 97293, title II, § 204, Oct. 12, 1982, 96 Stat. 1265.)
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# 43 U.S.C. § 390e - Rights, acquisition and availability of; obligation for operation and maintenance; costs for reconstruction, rehabilitation, or replacement; use during Government operation or by contract
## Text
The right thus acquired by any such local interest is declared to be available to the local interest so long as the space designated for that purpose may be physically available, taking into account such equitable reallocation of reservoir storage capacities among the purposes served by the project as may be necessary due to sedimentation, and not limited to the term of years which may be prescribed in any lease agreement or other agreement with the Government, but the enjoyment of such right will remain subject to performance of its obligations prescribed in such lease agreement or agreement executed in reference thereto. Such obligations will include continued payment of annual operation and maintenance costs allocated to water supply. In addition, local interests shall bear the costs allocated to the water supply of any necessary reconstruction, rehabilitation, or replacement of project features which may be required to continue satisfactory operation of the project. Any affected local interest may utilize such facility so long as it is operated by the Government. In the event that the Government concludes that it can no longer usefully and economically maintain and operate such facility, the responsible department or agency of the Government is authorized to negotiate a contract with the affected local interest under which the local interest may continue to operate such part of the facility as is necessary for utilization of the storage space allocated to it, under terms which will protect the public interest and provided that the Government is effectively absolved from all liability in connection with such operation.
(Pub. L. 88140, § 3, Oct. 16, 1963, 77 Stat. 249.)
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# 43 U.S.C. § 390ee - Pricing
## Text
(a) Delivery of irrigation water at full cost Notwithstanding any other provision of law, any contract with a district entered into by the Secretary as specified in section 390cc of this title, shall provide for the delivery of irrigation water at full cost as defined in section 390bb(3) of this title to:
(1) a landholding in excess of nine hundred and sixty acres of class I lands or the equivalent thereof for a qualified recipient,11 So in original. The comma probably should be a semicolon.
(2) a landholding in excess of three hundred and twenty acres of class I land or the equivalent thereof for a limited recipient receiving irrigation water on or before October 1, 1981; and
(3) the entire landholding of a limited recipient not receiving irrigation water on or before October 1, 1981: Provided, That the interest rate used in computing full cost under this paragraph shall be determined by the Secretary of the Treasury on the basis of the arithmetic average of—
(A) the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issuance; and
(B) the weighted average of market yields on all interest-bearing, marketable issues sold by the Treasury
during the fiscal year preceding the fiscal year in which the expenditures are made, or October 12, 1982, for expenditures made before October 12, 1982.
(b) Delivery of irrigation water at prior terms and conditions Any contract with a district entered into by the Secretary as specified in section 390cc of this title, shall provide for the delivery of irrigation water to lands not in excess of the landholdings described in subsection (a) upon terms and conditions related to pricing established by the Secretary pursuant to Federal reclamation law in effect immediately prior to October 12, 1982, or, in the case of an amended contract, upon the terms and conditions established by such contract prior to the date of its amendment. However, the portion of any price established under this subsection which relates to operation and maintenance charges shall be established pursuant to section 390hh of this title.
(c) Delivery of irrigation water to lands under recordable contracts Notwithstanding any extension of time of any recordable contract as provided in section 390ii(e) of this title, lands under recordable contract shall be eligible to receive irrigation water at less than full cost for a period not to exceed ten years from the date such recordable contract was executed by the Secretary in the case of contracts existing prior to October 12, 1982, or five years from the date such recordable contract was executed by the Secretary in the case of contracts entered into subsequent to October 12, 1982, or the time specified in section 390rr of this title for lands described in that section: Provided, That in no case shall the right to receive water at less than full cost under this subsection terminate sooner than eighteen months after the date on which the Secretary again commences the processing or the approval of the disposition of such lands.
(Pub. L. 97293, title II, § 205, Oct. 12, 1982, 96 Stat. 1265.)
## Notes
Editorial Notes
References in TextFederal reclamation law, referred to in subsec. (b), is defined in section 390aa of this title.
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# 43 U.S.C. § 390f - Revision of leases or agreements to evidence conversion of rights to use of storage rights
## Text
Upon application of any affected local interest its existing lease or agreement with the Government will be revised to evidence the conversion of its rights to the use of the storage as prescribed in sections 390c to 390f of this title.
(Pub. L. 88140, § 4, Oct. 16, 1963, 77 Stat. 250.)
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# 43 U.S.C. § 390ff - Certification of compliance
## Text
As a condition to the receipt of irrigation water for lands in a district which has a contract as specified in section 390cc of this title, each landowner and lessee within such district shall furnish the district, in a form prescribed by the Secretary, a certificate that they are in compliance with the provisions of this subchapter including a statement of the number of acres leased, the term of any lease, and a certification that the rent paid reflects the reasonable value of the irrigation water to the productivity of the land. The Secretary may require any lessee to submit to him, for his examination, a complete copy of any such lease executed by each of the parties thereto.
(Pub. L. 97293, title II, § 206, Oct. 12, 1982, 96 Stat. 1266.)
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# 43 U.S.C. § 390g1 - Phase I of groundwater recharge demonstration program
## Text
(a) Development of detailed plan of demonstration projects; requisite features of plan During phase I, the Bureau, in consultation with the High Plains States and other Reclamation Act States and other appropriate departments and agencies of the United States, including the United States Geological Survey, shall develop a detailed plan of demonstration projects the purpose of which is to determine whether various recharge technologies may be applied to diverse geologic and hydrologic conditions represented in the High Plains States and other Reclamation Act States. In the preparation and development of such plan, the Bureau shall make maximum use of data, planning studies and other technical resources and assistance available from State and local entities: Provided, That contributions of such technical resources and assistance may be counted as part of the inkind services or other State contribution, but shall otherwise be provided without compensation to the State or local entity. This plan shall contain the selection of not less than a total of twelve demonstration project sites in High Plains States and not less than a total of nine demonstration project sites in other Reclamation Act States. Demonstration project sites shall be confined to areas having a declining water table, an available surface water supply, and a high probability of physical, chemical, and economic feasibility for recharge of the groundwater reservoir. The plan shall provide for demonstration of the application of recharge technology and the selection of water sources, determination of necessary physical works and the operation of water replacement systems, formulation of a monitoring program, identification of any economic, legal, intergovernmental, and environmental issues and projection of planning problems associated with such systems, and recommendation of legislative and administrative actions as may be necessary to carry out phase II.
(b) Recommendation of demonstration projects During phase I the Bureau is authorized and directed to recommend demonstration projects to be designed, constructed, and operated during phase II.
(c) Preliminary selection of projects Within six months, after the enactment of an appropriation Act to carry out phase I, the Secretary shall make a preliminary selection of projects to receive further planning and development and shall initiate such further planning and development for those selected projects.
(Pub. L. 98434, § 3, Sept. 28, 1984, 98 Stat. 1675; Pub. L. 10466, title I, § 1081(c), Dec. 21, 1995, 109 Stat. 721.)
## Notes
Editorial Notes
Amendments1995—Subsec. (d). Pub. L. 10466 struck out subsec. (d) which read as follows: “Within twenty-four months after the date of enactment of an appropriation Act to carry out phase I, the Secretary shall transmit a report to Congress containing the recommendations made pursuant to subsection (b) of this section and a detailed statement of his findings and conclusions.”
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# 43 U.S.C. § 390g2 - Phase II of groundwater recharge demonstration program
## Text
(a) Design, construction, and operation of projects During phase II, and subject to State water laws and interstate water compacts, the Bureau is authorized and directed to design, construct, and operate demonstration projects in the High Plains States and other Reclamation Act States to recharge groundwater systems as recommended in the report referred to in subsection (c).
(b) Alternative means of cost allocation; economic feasibility of projects During phase II the Secretary, acting through the Bureau, shall contract with the various High Plains States and other Reclamation Act States to conduct a study to identify and evaluate alternative means by which the costs of groundwater recharge projects could be allocated among the beneficiaries of the projects within the respective States and identify and evaluate the economic feasibility of and the legal authority for utilizing groundwater recharge in water resource development projects.
(c) Reports to Congress (1) Within twelve months after the initiation of phase II, and at annual intervals thereafter, the Secretary shall submit interim reports to Congress. Each report shall contain a detailed statement of his findings and progress respecting the design, construction, and operation of the demonstration projects referred to in subsection (a) and the study referred to in subsection (b).
(2) Within five years after the initiation of phase II, the Secretary shall submit a summary report to Congress. The summary report shall contain—
(A) a detailed evaluation of the demonstration projects referred to in subsection (a);
(B) the results of the studies referred to in subsection (b);
(C) specific recommendations regarding the location, scope, and feasibility of operational groundwater recharge projects to be constructed and maintained by the Bureau; and
(D) an evaluation of the feasibility of integrating these groundwater recharge projects into existing reclamation projects.
(3) In addition to recommendations made under section 390g1 of this title, the Secretary shall make additional recommendations for design, construction, and operation of demonstration projects. Such projects are authorized to be designed, constructed, and operated in accordance with subsection (a).
(4) Each project under this section shall terminate five years after the date on which construction on the project is completed.
(5) At the conclusion of phase II the Secretary shall submit a final report to the Congress which shall include, but not be limited to, a detailed evaluation of the projects under this section.
(Pub. L. 98434, § 4, Sept. 28, 1984, 98 Stat. 1676; Pub. L. 102575, title XXVI, § 2601(1), (2), Oct. 30, 1992, 106 Stat. 4689.)
## Notes
Editorial Notes
Amendments1992—Subsec. (c). Pub. L. 102575 substituted “summary report” for “final report” in two places in introductory provisions of par. (2) and added pars. (3) to (5).
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# 43 U.S.C. § 390g3 - Evaluation of water quality impacts
## Text
The Secretary, acting through the Bureau, and the Administrator of the Environmental Protection Agency (hereinafter referred to as the “Administrator”) shall enter into a memorandum-of-understanding to provide for an evaluation of the impacts to surface water and groundwater quality resulting from the groundwater recharge demonstration projects constructed pursuant to sections 390g to 390g8 of this title. The Administrator shall consult with the United States Geological Survey and shall make maximum use of data, studies, and other technical resources and assistance available from State and local entities in conducting the evaluation. The evaluation of water quality impacts shall be completed so as to be included in the Secretarys summary report to the Congress referred to in section 390g2(c)(2) of this title.
(Pub. L. 98434, § 5, Sept. 28, 1984, 98 Stat. 1676; Pub. L. 102575, title XXVI, § 2601(1), Oct. 30, 1992, 106 Stat. 4689.)
## Notes
Editorial Notes
Amendments1992—Pub. L. 102575 substituted “summary report” for “final report”.
@@ -0,0 +1,35 @@
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# 43 U.S.C. § 390g4 - Authorization of appropriations to carry out phase I
## Text
There is authorized to be appropriated $500,000 for fiscal years beginning after September 30, 1983, to carry out phase I. Amounts shall be made available pursuant to the authorization contained in this section in a single sum for all demonstration project sites, and it shall be within the discretion of the Secretary to apportion such sum among such sites.
(Pub. L. 98434, § 6, Sept. 28, 1984, 98 Stat. 1677.)
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# 43 U.S.C. § 390g5 - Authorization of appropriations to carry out phase II
## Text
There is authorized to be appropriated for fiscal years beginning after September 30, 1983, $31,000,000 (October 1990 price levels) plus or minus such amounts, if any, as may be required by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein to carry out phase II. Amounts shall be made available pursuant to the authorization contained in this section in sums for individual projects based on findings of feasibility by the Secretary.
(Pub. L. 98434, § 7, Sept. 28, 1984, 98 Stat. 1677; Pub. L. 102575, title XXVI, § 2601(3), Oct. 30, 1992, 106 Stat. 4689.)
## Notes
Editorial Notes
Amendments1992—Pub. L. 102575 substituted “$31,000,000 (October 1990 price levels) plus or minus such amounts, if any, as may be required by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein” for “$20,000,000 (October 1983 price levels)”.
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# 43 U.S.C. § 390g6 - Matching basis for funding phase II from non-Federal sources
## Text
The funds authorized to be appropriated pursuant to section 390g5 of this title shall match on a four-to-one basis funds made available by the States, their political subdivisions, or other non-Federal entities to meet the cost of phase II: Provided, That, inkind services or other contributions by the States, their political subdivisions, or other non-Federal entities shall be considered in the determination of the matching non-Federal share. The Secretary is authorized to enter into memoranda of agreement with any appropriate agencies or departments of the High Plains States and other Reclamation Act States to share the costs of phase II.
(Pub. L. 98434, § 8, Sept. 28, 1984, 98 Stat. 1677.)
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# 43 U.S.C. § 390g7 - New spending authority
## Text
Any new spending authority described in subsection (c)(2)(A) or (B) of section 651 11 See References in Text note below. of title 2 which is provided under sections 390g to 390g8 of this title (or under any amendment made by sections 390g to 390g8 of this title) shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.
(Pub. L. 98434, § 9, Sept. 28, 1984, 98 Stat. 1677.)
## Notes
Editorial Notes
References in TextSection 651 of title 2, referred to in text, was amended by Pub. L. 10533, title X, § 10116(a)(3), (5), Aug. 5, 1997, 111 Stat. 691, by striking out subsec. (c) and redesignating former subsec. (d) as (c).
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# 43 U.S.C. § 390g8 - Interstate transfer of water from Arkansas
## Text
No funds authorized to be appropriated by sections 390g to 390g8 of this title shall be used for any activities associated with:
(1) the interstate transfer of water from the State of Arkansas; or
(2) the study or demonstration of the potential for the interstate transfer of water from the State of Arkansas.
(Pub. L. 98434, § 10, Sept. 28, 1984, 98 Stat. 1677.)
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# 43 U.S.C. § 390g9 - Aquifer recharge flexibility
## Text
(a) Short title This section may be cited as the “Aquifer Recharge Flexibility Act”.
(b) Definitions In this section:
(1) Bureau The term “Bureau” means the Bureau of Reclamation.
(2) Commissioner The term “Commissioner” means the Commissioner of Reclamation.
(3) Eligible land The term “eligible land”, with respect to a Reclamation project, means land that—
(A) is authorized to receive water under State law; and
(B) shares an aquifer with land located in the service area of the Reclamation project.
(4) Net water storage benefit The term “net water storage benefit” means an increase in the volume of water that is—
(A) stored in 1 or more aquifers; and
(B) (i) available for use within the authorized service area of a Reclamation project; or
(ii) stored on a long-term basis to avoid or reduce groundwater overdraft.
(5) Reclamation facility The term “Reclamation facility” means each of the infrastructure assets that are owned by the Bureau at a Reclamation project.
(6) Reclamation project The term “Reclamation project” means any reclamation or irrigation project, including incidental features thereof, authorized by Federal reclamation law or the Act of August 11, 1939 (commonly known as the “Water Conservation and Utilization Act”) (53 Stat. 1418, chapter 717; 16 U.S.C. 590y et seq.), or constructed by the United States pursuant to such law, or in connection with which there is a repayment or water service contract executed by the United States pursuant to such law, or any project constructed by the Secretary through the Bureau for the reclamation of land.
(c) Flexibility to allow greater aquifer recharge in Western States (1) Use of Reclamation facilities (A) In general The Commissioner may allow the use of excess capacity in Reclamation facilities for aquifer recharge of non-Reclamation project water, subject to applicable rates, charges, and public participation requirements, on the condition that—
(i) the use—
(I) shall not be implemented in a manner that is detrimental to—
(aa) any power service or water contract for the Reclamation project; or
(bb) any obligations for fish, wildlife, or water quality protection applicable to the Reclamation project;
(II) shall be consistent with water quality guidelines for the Reclamation project;
(III) shall comply with all applicable—
(aa) Federal laws; and
(bb) policies of the Bureau; and
(IV) shall comply with all applicable State laws and policies; and
(ii) the non-Federal party to an existing contract for water or water capacity in a Reclamation facility consents to the use of the Reclamation facility under this subsection.
(B) Effect on existing contracts Nothing in this subsection affects a contract—
(i) in effect on December 27, 2020; and
(ii) under which the use of excess capacity in a Bureau conveyance facility for carriage of non-Reclamation project water for aquifer recharge is allowed.
(2) Aquifer recharge on eligible land (A) In general Subject to subparagraphs (C) and (D), the Secretary may contract with a holder of a water service or repayment contract for a Reclamation project to allow the contractor, in accordance with applicable State laws and policies—
(i) to directly use water available under the contract for aquifer recharge on eligible land; or
(ii) to enter into an agreement with an individual or entity to transfer water available under the contract for aquifer recharge on eligible land.
(B) Authorized project use The use of a Reclamation facility for aquifer recharge under subparagraph (A) shall be considered an authorized use for the Reclamation project if requested by a holder of a water service or repayment contract for the Reclamation facility.
(C) Modifications to contracts The Secretary may contract with a holder of a water service or repayment contract for a Reclamation project under subparagraph (A) if the Secretary determines that a new contract or contract amendment described in that subparagraph is—
(i) necessary to allow for the use of water available under the contract for aquifer recharge under this subsection;
(ii) in the best interest of the Reclamation project and the United States; and
(iii) approved by the contractor that is responsible for repaying the cost of construction, operations, and maintenance of the facility that delivers the water under the contract.
(D) Requirements The use of Reclamation facilities for the use or transfer of water for aquifer recharge under this subsection shall be subject to the requirements that—
(i) the use or transfer shall not be implemented in a manner that materially impacts any power service or water contract for the Reclamation project; and
(ii) before the use or transfer, the Secretary shall determine that the use or transfer—
(I) results in a net water storage benefit for the Reclamation project; or
(II) contributes to the recharge of an aquifer on eligible land; and
(iii) the use or transfer complies with all applicable—
(I) Federal laws and policies; and
(II) interstate water compacts.
(3) Conveyance for aquifer recharge purposes The holder of a right-of-way, easement, permit, or other authorization to transport water across public land administered by the Bureau of Land Management may transport water for aquifer recharge purposes without requiring additional authorization from the Secretary where the use does not expand or modify the operation of the right-of-way, easement, permit, or other authorization across public land.
(4) Effect Nothing in this section creates, impairs, alters, or supersedes a Federal or State water right.
(5) Exemption This section shall not apply to the State of California.
(6) Advisory group The Secretary may participate in any State-led collaborative, multi-stakeholder advisory group created in any watershed the purpose of which is to monitor, review, and assess aquifer recharge activities.
(Pub. L. 116260, div. FF, title XI, § 1105, Dec. 27, 2020, 134 Stat. 3237.)
## Notes
References in TextThis section, referred to in subsecs. (b) and (c)(4), (5), was in the original “this Act”, which was translated as meaning section 1105 of Pub. L. 116260, div. FF, title XI, Dec. 27, 2020, 134 Stat. 3237, to reflect the probable intent of Congress. Act of August 11, 1939, referred to in subsec. (b)(6), is act Aug. 11, 1939, ch. 717, 53 Stat. 1418, popularly known as the Water Conservation and Utilization Act, which is classified generally to subchapter II (§ 590y et seq.) of chapter 3C of Title 16, Conservation. For complete classification of this Act to the Code, see Tables.
Definitions For definition of “Secretary” as used in this section, see section 1115 of div. FF of Pub. L. 116260, set out as a note under section 2330c of Title 33, Navigation and Navigable Waters.
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# 43 U.S.C. § 390g - Groundwater recharge of aquifers; demonstration program
## Text
The Secretary of the Interior (hereinafter referred to as the “Secretary”), acting through the Bureau of Reclamation (hereinafter referred to as the “Bureau”), shall, in two phases, conduct an investigation of and establish demonstration projects for groundwater recharge of aquifers in the States of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming (such States to be hereinafter referred to as the “High Plains States”) and in the other States referred to in section 391 of this title (hereinafter referred to as “other Reclamation Act States”), as provided by sections 390g to 390g8 of this title: Provided, That funds made available pursuant to sections 390g to 390g8 of this title shall not be used for the study or construction of groundwater recharge demonstration projects in the High Plains States and other Reclamation Act States which would utilize water originating in the drainage basin of the Great Lakes. The Bureau shall consult with the United States Geological Survey and other appropriate agencies and departments of the United States and of the High Plains States and other Reclamation Act States in order to carry out sections 390g to 390g8 of this title.
(Pub. L. 98434, § 2, Sept. 28, 1984, 98 Stat. 1675.)
## Notes
Statutory Notes and Related Subsidiaries
Short TitlePub. L. 98434, § 1, Sept. 28, 1984, 98 Stat. 1675, provided: “That this Act [enacting sections 390g to 390g8 of this title] may be cited as the High Plains States Groundwater Demonstration Program Act of 1983.”
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# 43 U.S.C. § 390gg - Equivalency
## Text
Upon the request of any district, the ownership and pricing limitations imposed by this subchapter shall apply to the irrigable lands classified within such district by the Secretary as having class I productive potential or the equivalent thereof in larger acreage of less productive potential, as determined by the Secretary, taking into account all factors which significantly affect productivity, including but not limited to topography, soil characteristics, length of growing season, elevation, adequacy of water supply, and crop adaptability.
(Pub. L. 97293, title II, § 207, Oct. 12, 1982, 96 Stat. 1266.)
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# 43 U.S.C. § 390h1 - Appraisal investigations
## Text
(a) Purposes; recommendations The Secretary shall undertake appraisal investigations to identify opportunities for water reclamation and reuse. Each such investigation shall take into account environmental considerations as provided by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and regulations issued to implement the provisions thereof, and shall include recommendations as to the preparation of a feasibility study of the potential reclamation and reuse measures.
(b) Matters to be considered Appraisal investigations undertaken by the Secretary or the non-Federal project sponsor pursuant to sections 390h to 390h39 of this title shall consider, among other things—
(1) all potential uses of reclaimed water, including, but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, and recreation;
(2) the current status of water reclamation technology and opportunities for development of improved technologies;
(3) measures to stimulate demand for and eliminate obstacles to use of reclaimed water, including pricing;
(4) measures to coordinate and streamline local, State and Federal permitting procedures required for the implementation of reclamation projects; and
(5) measures to identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner.
(c) Consultation and cooperation The Secretary shall consult and cooperate with appropriate State, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to sections 390h to 390h39 of this title.
(d) Nonreimbursable costs Costs of such appraisal investigations shall be nonreimbursable.
(Pub. L. 102575, title XVI, § 1603, Oct. 30, 1992, 106 Stat. 4664; Pub. L. 104266, § 3, Oct. 9, 1996, 110 Stat. 3295.)
## Notes
Editorial Notes
References in TextThe National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91190, 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.
Amendments1996—Subsec. (b). Pub. L. 104266 inserted “by the Secretary or the non-Federal project sponsor” after “undertaken” in introductory provisions.
@@ -0,0 +1,37 @@
---
type: "LegalText"
title: "43 U.S.C. § 390h10"
description: "San Diego area water reclamation program"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 43
title_name: "PUBLIC LANDS"
chapter_number: "12"
chapter_name: "RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT"
section: "390h10"
citation: "43 U.S.C. § 390h10"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc43@119-100.zip"
source_identifier: "/us/usc/t43/s390h10"
source_file: "data/legal/raw/us/code/title-43/usc43.xml"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 43 U.S.C. § 390h10 - San Diego area water reclamation program
## Text
(a) The Secretary, in cooperation with the city of San Diego, California 11 So in original. Probably should be followed by a comma. or its successor agency in the management of the San Diego Area Wastewater Management District, shall participate in the planning, design and construction of demonstration and permanent facilities to reclaim and reuse water in the San Diego metropolitan service area.
(b) The Federal share of the costs of the facilities authorized by subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project.
(Pub. L. 102575, title XVI, § 1612, Oct. 30, 1992, 106 Stat. 4667.)

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