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>
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---
type: "LegalText"
title: "43 U.S.C. § 372"
description: "Water right as appurtenant to land and extent of right"
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: "372"
citation: "43 U.S.C. § 372"
status: "current"
release_point: "119-100"
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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Section as Unaffected by Submerged Lands ActProvisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.
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title_name: "PUBLIC LANDS"
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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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# 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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section: "390d"
citation: "43 U.S.C. § 390d"
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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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title: "43 U.S.C. § 390e"
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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”.
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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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section: "390g5"
citation: "43 U.S.C. § 390g5"
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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.
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# 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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# 43 U.S.C. § 390h11 - Los Angeles area water reclamation and reuse project
## Text
(a) The Secretary is authorized to participate with the city and county of Los Angeles, State of California, West Basin Municipal Water District, and other appropriate authorities, in the design, planning, and construction of water reclamation and reuse projects to treat approximately one hundred and twenty thousand acre-feet per year of effluent from the city and county of Los Angeles, in order to provide new water supplies for industrial, environmental, and other beneficial purposes, to reduce the demand for imported water, and to reduce sewage effluent discharged into Santa Monica Bay.
(b) The Secretarys share of costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for operation or maintenance of the project.
(Pub. L. 102575, title XVI, § 1613, Oct. 30, 1992, 106 Stat. 4667.)
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# 43 U.S.C. § 390h12 - San Gabriel basin demonstration project
## Text
(a) The Secretary, in cooperation with the Metropolitan Water District of Southern California and the Main San Gabriel Water Quality Authority or a successor public agency, is authorized to participate in the design, planning and construction of a conjunctive-use facility designed to improve the water quality in the San Gabriel groundwater basin and allow the utilization of the basin as a water storage facility; Provided, That this authority shall not be construed to limit the authority of the United States under any other Federal statute to pursue remedial actions or recovery of costs for work performed pursuant to this subsection.
(b) The Secretarys share of costs associated with the project described in 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, § 1614, Oct. 30, 1992, 106 Stat. 4668.)
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# 43 U.S.C. § 390h12a - North San Diego County Area Water Recycling Project
## Text
(a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the North San Diego County Area Water Recycling Project, consisting of projects to reclaim and reuse water within service areas of the San Elijo Joint Powers Authority, the Leucadia County Water District, the City of Carlsbad, and the Olivenhain Municipal Water District, California.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1615, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3290.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1615 of Pub. L. 102575 was renumbered section 1631 and is classified to section 390h13 of this title.
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# 43 U.S.C. § 390h12b - Calleguas Municipal Water District Recycling Project
## Text
(a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Calleguas Municipal Water District Recycling Project to reclaim and reuse water in the service area of the Calleguas Municipal Water District in Ventura County, California.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1616, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3290.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1616 of Pub. L. 102575 was renumbered section 1632 and is classified to section 390h14 of this title.
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# 43 U.S.C. § 390h12c - Central Valley Water Recycling Project
## Text
(a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Central Valley Water Recycling Project to reclaim and reuse water in the service areas of the Central Valley Reclamation Facility and the Salt Lake County Water Conservancy District in Utah.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1617, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1617 of Pub. L. 102575 was renumbered section 1633 and is classified to section 390h15 of this title.
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# 43 U.S.C. § 390h12d - St. George Area Water Recycling Project
## Text
(a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the St. George Area Water Recycling Project to reclaim and reuse water in the service area of the Washington County Water Conservancy District in Utah.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1618, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)
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# 43 U.S.C. § 390h12e - Watsonville Area Water Recycling Project
## Text
(a) Authorization The Secretary, in cooperation with the City of Watsonville, California, is authorized to participate in the design, planning, and construction of the Watsonville Area Water Recycling Project to reclaim and reuse water in the Pajaro Valley in Santa Cruz County, California.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1619, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)
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# 43 U.S.C. § 390h12f - Southern Nevada Water Recycling Project
## Text
(a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Southern Nevada Water Recycling Project to reclaim and reuse water in the service area of the Southern Nevada Water Authority in Clark County, Nevada.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1620, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)
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# 43 U.S.C. § 390h12g - Albuquerque Metropolitan Area Water Reclamation and Reuse Project
## Text
(a) Authorization The Secretary, in cooperation with the city of Albuquerque, New Mexico, is authorized to participate in the planning, design, and construction of the Albuquerque Metropolitan Area Water Reclamation and Reuse Project to reclaim and reuse industrial and municipal wastewater and reclaim and use naturally impaired ground water and nonpotable surface water in the Albuquerque metropolitan area.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1621, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3292; amended Pub. L. 10562, title V, § 506, Oct. 13, 1997, 111 Stat. 1339.)
## Notes
Editorial Notes
Codification Section 506 of Pub. L. 10562, which directed the amendment of “section 1621 of title XVI of the Reclamation Wastewater and Groundwater Act, Public Law 104266”, was executed by making the amendment to this section, which is section 1621 of title XVI of the Reclamation Wastewater and Groundwater Study and Facilities Act, Pub. L. 102575, as added by Pub. L. 104266, to reflect the probable intent of Congress.
Amendments1997—Pub. L. 10562, § 506(1), which directed the substitution of “project” for “study” in section catchline, was executed by substituting “Project” for “Study” to reflect the probable intent of Congress. Subsec. (a). Pub. L. 10562, § 506(2), (3), inserted “planning, design, and construction of the” after “to participate in the” and “and nonpotable surface water” after “impaired ground water”. Pub. L. 10562, § 506(1), which directed the substitution of “project” for “study”, was executed by substituting “Project” for “Study” to reflect the probable intent of Congress.
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# 43 U.S.C. § 390h12h - El Paso Water Reclamation and Reuse Project
## Text
(a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the El Paso Water Reclamation and Reuse Project to reclaim and reuse wastewater in the service area of the El Paso Water Utilities Public Service Board, El Paso, Texas.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1622, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3292.)
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# 43 U.S.C. § 390h12i - Reclaimed water in Pasadena
## Text
(a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the City of Pasadena, California, reclaimed water project to obtain, store, and use reclaimed water in Pasadena and its service area, as well as neighboring communities.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1623, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3292.)
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# 43 U.S.C. § 390h12j - Orange County Regional Water Reclamation Project
## Text
(a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Orange County Regional Water Reclamation Project, to reclaim and reuse water within the service area of the Orange County Water District in California.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1624, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3292; amended Pub. L. 11111, title IX, § 9111(c), Mar. 30, 2009, 123 Stat. 1318.)
## Notes
Editorial Notes
Amendments2009—Pub. L. 11111, § 9111(c)(1), struck out “Phase 1 of the” before “Orange County” in section catchline. Subsec. (a). Pub. L. 11111, § 9111(c)(2), struck out “phase 1 of” before “the Orange County”.
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# 43 U.S.C. § 390h12k - City of West Jordan Water Reuse Project
## Text
(a) Authorization The Secretary, in cooperation with the City of West Jordan, Utah, is authorized to participate in the design, planning, and construction of the City of West Jordan Water Reuse Project to recycle and reuse water in its service area from the South Valley Water Reclamation Facility Discharge Waters in Utah.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1625, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)
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# 43 U.S.C. § 390h12l - Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility
## Text
(a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1626, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)
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# 43 U.S.C. § 390h12m - Mission Basin Brackish Groundwater Desalting Demonstration Project
## Text
(a) Authorization The Secretary, in cooperation with the City of Oceanside, is authorized to participate in the design, planning, and construction of a 3,000,000 gallon per day expansion of the Mission Basin Brackish Groundwater Desalting Demonstration Project in Oceanside, California.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1627, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)
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# 43 U.S.C. § 390h12n - Treatment of effluent from sanitation districts of Los Angeles County through city of Long Beach
## Text
(a) Authorization The Secretary, in cooperation with the Water Replenishment District of Southern California, the Orange County Water District in the State of California, and other appropriate authorities, is authorized to participate in the design, planning, and construction of water reclamation and reuse projects to treat approximately 10,000 acre-feet per year of effluent from the sanitation districts of Los Angeles County through the city of Long Beach.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1628, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)
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# 43 U.S.C. § 390h12o - San Joaquin Area Water Recycling and Reuse Project
## Text
(a) Authorization The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the San Joaquin Area Water Recycling and Reuse Project, in cooperation with the City of Tracy, and consisting of participating projects which will reclaim and reuse water within the County of San Joaquin in California.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1629, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3294.)
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# 43 U.S.C. § 390h12p - Tooele Wastewater Treatment and Reuse Project
## Text
(a) Authorization The Secretary, in cooperation with Tooele City, Utah, is authorized to participate in the design, planning, and construction of the Tooele Wastewater Treatment and Reuse Project.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(Pub. L. 102575, title XVI, § 1630, as added Pub. L. 104266, § 2(a)(2), Oct. 9, 1996, 110 Stat. 3294.)
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# 43 U.S.C. § 390h13 - Authorization of appropriations
## Text
(a) In general There are authorized to be appropriated such sums as may be necessary to carry out the purposes and provisions of sections 390h through 390h12p of this title.
(b) Prerequisite cost-sharing agreement (1) Funds may not be appropriated for the construction of any project authorized by sections 390h to 390h39 of this title until after—
(A) an appraisal investigation and a feasibility study that complies with the provisions of sections 390h1(b) or 390h2(c) of this title, as the case may be, have been completed by the Secretary or the non-Federal project sponsor;
(B) the Secretary has determined that the non-Federal project sponsor is financially capable of funding the non-Federal share of the projects costs; and
(C) the Secretary has approved a cost-sharing agreement with the non-Federal project sponsor which commits the non-Federal project sponsor to funding its proportionate share of the projects construction costs on an annual basis.
(2) The requirements of paragraph (1) shall not apply to those projects authorized by sections 390h to 390h39 of this title for which funds were appropriated prior to January 1, 1996.
(c) Congressional notification The Secretary shall notify the Committees on Resources and Appropriations of the House of Representatives and the Committees on Energy and Natural Resources and Appropriations of the Senate within 30 days after the signing of a cost-sharing agreement pursuant to subsection (b) that such an agreement has been signed and that the Secretary has determined that the non-Federal project sponsor is financially capable of funding the projects non-Federal share of the projects costs.
(d) Ceiling on Federal share (1) Notwithstanding any other provision of sections 390h to 390h39 of this title and except as provided by paragraph (2), the Federal share of the costs of each of the individual projects authorized by sections 390h to 390h39 of this title shall not exceed $20,000,000 (October 1996 prices).
(2) (A) Subject to subparagraph (B), in the case of any project authorized by sections 390h to 390h39 of this title for which construction funds were appropriated before January 1, 1996, the Federal share of the cost of such project may not exceed the amount specified as the “total Federal obligation” for that project in the budget justification made by the Bureau of Reclamation for fiscal year 1997, as contained in part 3 of the report of the hearing held on March 27, 1996, before the Subcommittee on Energy and Water Development of the Committee on Appropriations of the House of Representatives.
(B) In the case of the San Gabriel Basin demonstration project authorized by section 390h12 of this title, the Federal share of the cost of such project may not exceed the sum determined by adding—
(i) the amount that applies to that project under subparagraph (A); and
(ii) $6,500,000.
(Pub. L. 102575, title XVI, § 1631, formerly § 1615, Oct. 30, 1992, 106 Stat. 4668; renumbered § 1631 and amended Pub. L. 104266, §§ 2(a)(1), (b)(1), 7, Oct. 9, 1996, 110 Stat. 3290, 3294, 3296; Pub. L. 108418, § 1, Nov. 30, 2004, 118 Stat. 2340.)
## Notes
Editorial Notes
References in TextSections 390h through 390h12p of this title, referred to in subsec. (a), was in the original “sections 1601 through 1630 of this title” meaning sections 1601 through 1630 of title XVI of Pub. L. 102575, which are classified to sections 390h to 390h12p of this title and provisions set out as a note under section 390h of this title.
Amendments2004—Subsec. (d)(2). Pub. L. 108418 designated existing provisions as subpar. (A), substituted “Subject to subparagraph (B), in the case” for “In the case”, and added subpar. (B). 1996—Pub. L. 104266 designated existing provisions as subsec. (a), substituted “300h12p” for “300h12”, and added subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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# 43 U.S.C. § 390h14 - Groundwater study
## Text
(a) Investigation, analysis, and report In furtherance of the High Plains Groundwater Demonstration Program Act of 1983 (98 Stat. 1675) [43 U.S.C. 390g et seq.], the Secretary of the Interior, acting through the Bureau of Reclamation and the Geological Survey, shall conduct an investigation and analysis of the impacts of existing Bureau of Reclamation projects on the quality and quantity of groundwater resources. Based on such investigation and analysis, the Secretary shall prepare a reclamation groundwater management and technical assistance report which shall include—
(1) a description of the findings of the investigation and analysis, including the methodology employed;
(2) a description of methods for optimizing Bureau of Reclamation project operations to ameliorate adverse impacts on groundwater,11 So in original. The comma probably should be a semicolon. and
(3) the Secretarys recommendations, along with the recommendations of the Governors of the affected States, concerning the establishment of a groundwater management and technical assistance program in the Department of the Interior in order to assist Federal and non-Federal entity development and implementation of groundwater management plans and activities.
(b) Consultation with Governors In conducting the investigation and analysis, and in preparation of the report referred to in this section, the Secretary shall consult with the Governors of the affected States.
(c) Report The report shall be submitted to the Committees on Appropriations and Natural Resources of the House of Representatives and the Committees on Appropriations and Energy and Natural Resources of the Senate within three years of the appropriation of funds authorized by section 390h15 of this title.
(Pub. L. 102575, title XVI, § 1632, formerly § 1616, Oct. 30, 1992, 106 Stat. 4668; Pub. L. 103437, § 16(a)(2), Nov. 2, 1994, 108 Stat. 4594; renumbered § 1632 and amended Pub. L. 104266, § 2(a)(1), (b)(2), Oct. 9, 1996, 110 Stat. 3290, 3294.)
## Notes
Editorial Notes
References in TextThe High Plains Groundwater Demonstration Program Act of 1983, referred to in subsec. (a), is Pub. L. 98434, Sept. 28, 1984, 98 Stat. 1675, which is classified generally to sections 390g to 390g8 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 390g of this title and Tables.
Amendments1996—Subsec. (c). Pub. L. 104266, § 2(b)(2), made technical amendment to reference in original act which appears in text as reference to section 390h15 of this title. 1994—Subsec. (c). Pub. L. 103437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
Statutory Notes and Related Subsidiaries
Change of Name Geological Survey redesignated United States Geological Survey by provision of title I of Pub. L. 102154, Nov. 13, 1991, 105 Stat. 1000, set out as a note under section 31 of this title.
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# 43 U.S.C. § 390h15 - Authorization of appropriations
## Text
There is authorized to be appropriated for fiscal years beginning after September 30, 1992, $4,000,000 to carry out the study authorized by section 390h14 of this title.
(Pub. L. 102575, title XVI, § 1633, formerly § 1617, Oct. 30, 1992, 106 Stat. 4669; renumbered § 1633 and amended Pub. L. 104266, § 2(a)(1), (b)(3), Oct. 9, 1996, 110 Stat. 3290, 3294.)
## Notes
Editorial Notes
Amendments1996—Pub. L. 104266, § 2(b)(3), made technical amendment to reference in original act which appears in text as reference to section 390h14 of this title.
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# 43 U.S.C. § 390h16 - Willow Lake Natural Treatment System Project
## Text
(a) Authorization The Secretary, in cooperation with the city of Salem, Oregon, is authorized to participate in the design, planning, and construction of the Willow Lake Natural Treatment System Project to reclaim and reuse wastewater within and without the service area of the city of Salem.
(b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(Pub. L. 102575, title XVI, § 1634, as added Pub. L. 105321, § 6(a), Oct. 30, 1998, 112 Stat. 3025.)
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# 43 U.S.C. § 390h17 - Lakehaven, Washington, Water Reclamation and Reuse Project
## Text
(a) Authorization The Secretary, in cooperation with the Lakehaven Utility District, Washington, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the Lakehaven Utility District.
(b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(Pub. L. 102575, title XVI, § 1635, as added Pub. L. 107344, § 1, Dec. 17, 2002, 116 Stat. 2893.)
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# 43 U.S.C. § 390h17a - Transferred
## Notes
Editorial Notes
Codification Section, Pub. L. 102575, title XVI, § 1636, as added Pub. L. 108316, § 1(b), Oct. 5, 2004, 118 Stat. 1202, which related to the Williamson County, Texas, water recycling and reuse project, was renumbered section 1637 of Pub. L. 102575 by Pub. L. 10970, § 2(a)(1), Sept. 21, 2005, 119 Stat. 2009, and transferred to section 390h19 of this title.
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# 43 U.S.C. § 390h18 - Irvine basin groundwater and surface water improvement projects
## Text
(a) Authorization The Secretary, in cooperation with the Irvine Ranch Water District, California, is authorized to participate in the design, planning, and construction of projects to naturally treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the San Diego Creek Watershed.
(b) Cost share The Federal share of the costs of the projects authorized by this section shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation or maintenance of a project authorized by this section.
(Pub. L. 102575, title XVI, § 1636, as added Pub. L. 108233, § 2(a), May 28, 2004, 118 Stat. 654.)
## Notes
Editorial Notes
Prior ProvisionsAnother section 1636 of Pub. L. 102575 was renumbered 1637 and is classified to section 390h19 of this title.
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# 43 U.S.C. § 390h19 - Williamson County, Texas, water recycling and reuse project
## Text
(a) Authorization The Secretary, in cooperation with the Lower Colorado River Authority, Texas, is authorized to participate in the design, planning, and construction of permanent facilities to reclaim and reuse water in Williamson County, Texas.
(b) Cost share The Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project described in subsection (a).
(Pub. L. 102575, title XVI, § 1637, formerly § 1636, as added Pub. L. 108316, § 1(b), Oct. 5, 2004, 118 Stat. 1202; renumbered § 1637, Pub. L. 10970, § 2(a)(1), Sept. 21, 2005, 119 Stat. 2009.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 390h17a of this title prior to renumbering by Pub. L. 10970.
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# 43 U.S.C. § 390h2 - Feasibility studies
## Text
(a) General authority; Federal and non-Federal cost shares The Secretary is authorized to participate with appropriate Federal, State, regional, and local authorities in studies to determine the feasibility of water reclamation and reuse projects recommended for such study pursuant to section 390h1 of this title. The Federal share of the costs of such feasibility studies shall not exceed 50 per centum of the total, except that the Secretary may increase the Federal share of the costs of such feasibility study if the Secretary determines, based upon a demonstration of financial hardship on the part of the non-Federal participant, that the non-Federal participant is unable to contribute at least 50 per centum of the costs of such study. The Secretary may accept as part of the non-Federal cost share the contribution of such in-kind services by the non-Federal participant that the Secretary determines will contribute substantially toward the conduct and completion of the study.
(b) Federal share considered project costs; reimbursement The Federal share of feasibility studies, including those described in sections 390h4 and 390h6 through 390h8 of this title, shall be considered as project costs and shall be reimbursed in accordance with the Federal reclamation laws, if the project studied is implemented.
(c) Matters to be considered In addition to the requirements of other Federal laws, feasibility studies conducted by the Secretary or the non-Federal project sponsor under sections 390h to 390h39 of this title shall consider, among other things—
(1) near- and long-term water demand and supplies in the study area;
(2) all potential uses for reclaimed water;
(3) at least two alternative measures or technologies available for water reclamation, distribution, and reuse for the project under consideration;
(4) public health and environmental quality issues associated with use of reclaimed water;
(5) whether development of the water reclamation and reuse measures under study would—
(A) reduce, postpone, or eliminate development of new or expanded water supplies,
(B) reduce or eliminate the use of existing diversions from natural watercourses or withdrawals from aquifers, or
(C) reduce the demand on existing Federal water supply facilities;
(6) the market or dedicated use for reclaimed water in the projects service area; and
(7) the financial capability of the non-Federal project sponsor to fund its proportionate share of the projects construction costs on an annual basis.
(Pub. L. 102575, title XVI, § 1604, Oct. 30, 1992, 106 Stat. 4665; Pub. L. 104266, § 4, Oct. 9, 1996, 110 Stat. 3295.)
## Notes
Editorial Notes
References in TextThe Federal reclamation laws, referred to in subsec. (b), are defined in section 390h(a) of this title.
Amendments1996—Subsec. (c). Pub. L. 104266, § 4(1), substituted “conducted by the Secretary or the non-Federal project sponsor” for “authorized” in introductory provisions. Subsec. (c)(3). Pub. L. 104266, § 4(2), substituted “at least two alternative measures or technologies available for water reclamation, distribution, and reuse for the project under consideration” for “measures and technologies available for water reclamation, distribution, and reuse”. Subsec. (c)(5)(C). Pub. L. 104266, § 4(4), added subpar. (C). Subsec. (c)(6), (7). Pub. L. 104266, § 4(3), (5), added pars. (6) and (7).
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# 43 U.S.C. § 390h20 - Hawaii reclamation projects
## Text
(a) Authorization The Secretary may—
(1) in cooperation with the Board of Water Supply, City and County of Honolulu, Hawaii, participate in the design, planning, and construction of a project in Kalaeloa, Hawaii, to desalinate and distribute seawater for direct potable use within the service area of the Board;
(2) in cooperation with the County of Hawaii Department of Environmental Management, Hawaii, participate in the design, planning, and construction of facilities in Kealakehe, Hawaii, for the treatment and distribution of recycled water and for environmental purposes within the County; and
(3) in cooperation with the County of Maui Wastewater Reclamation Division, Hawaii, participate in the design, planning, and construction of, and acquire land for, facilities in Lahaina, Hawaii, for the distribution of recycled water from the Lahaina Wastewater Reclamation Facility for non-potable uses within the County.
(b) Cost share The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost of the project.
(c) Limitation Funds provided by the Secretary shall not be used for the operation and maintenance of a project described in subsection (a).
(d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.
(Pub. L. 102575, title XVI, § 1638, as added Pub. L. 10970, § 2(a)(2), Sept. 21, 2005, 119 Stat. 2009.)
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# 43 U.S.C. § 390h21 - Inland Empire regional water recycling project
## Text
(a) In general The Secretary, in cooperation with the Inland Empire Utilities Agency, may participate in the design, planning, and construction of the Inland Empire regional water recycling project described in the report submitted under section 390h4(c) of this title.
(b) Cost sharing The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project.
(c) Limitation Funds provided by the Secretary shall not be used for operation and maintenance of the project described in subsection (a).
(d) Authorization of appropriations There is authorized to be appropriated to carry out this section, $20,000,000.
(Pub. L. 102575, title XVI, § 16——, as added Pub. L. 110161, div. C, title II, § 210, Dec. 26, 2007, 121 Stat. 1954.)
## Notes
Editorial Notes
Codification Section is based on section “16——” of Pub. L. 102575. Two other sections “16——” of Pub. L. 102575 have been enacted and are classified to sections 390h22 and 390h23 of this title.
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# 43 U.S.C. § 390h22 - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 102575, title XVI, § 16——, as added Pub. L. 110161, div. C, title II, § 210, Dec. 26, 2007, 121 Stat. 1955, which related to the Cucamonga Valley water recycling project, was omitted pursuant to subsec. (e) of section, which provided that the authority of the Secretary of the Interior to carry out any provisions of this section terminated 10 years after Dec. 26, 2007. Section was based on section “16——” of Pub. L. 102575. Two other sections “16——” of Pub. L. 102575 have been enacted and are classified to sections 390h21 and 390h23 of this title.
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# 43 U.S.C. § 390h23 - Southern California desert region integrated water and economic sustainability plan
## Text
(a) Authorization The Secretary, in cooperation with the Mojave Water Agency is authorized to participate in the design, planning, and construction of projects to implement the “Mojave Water Agencys Integrated Regional Water Management Plan”.
(b) Cost share The Federal share of the costs of the projects authorized by this section shall not exceed 25 percent of the total cost.
(c) Authorization of appropriations There is authorized to be appropriated to carry out this section, $20,000,000.
(Pub. L. 102575, title XVI, § 16——, as added Pub. L. 110161, div. C, title II, § 214(a), Dec. 26, 2007, 121 Stat. 1955.)
## Notes
Editorial Notes
Codification Section is based on section “16——” of Pub. L. 102575. Two other sections “16——” of Pub. L. 102575 have been enacted and are classified to sections 390h21 and 390h22 of this title.
Statutory Notes and Related Subsidiaries
Limitation on Funds; Credits Toward Non-Federal SharePub. L. 110161, div. C, title II, § 214(c), (d), Dec. 26, 2007, 121 Stat. 1956, provided that: “(c) Limitation.—The Secretary [of the Interior] shall not provide funds for the operation or maintenance of a project authorized by this section [enacting this section]. “(d) Credits Toward Non-Federal Share.—For purposes of subsection (b) [probably means subsec. (b) of this section] the Secretary shall credit the Mojave Water Agency with the value of all expenditures made prior to the date of the enactment of this Act [Dec. 26, 2007] that are used toward completion of projects that are compatible with this section.”
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# 43 U.S.C. § 390h24 - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 102575, title XVI, § 1639, as added Pub. L. 110229, title V, § 511(a), May 8, 2008, 122 Stat. 840, which related to the Eastern Municipal Water District recycled water system pressurization and expansion project, California, was omitted pursuant to subsec. (e) of section, which provided that the authority of the Secretary of the Interior to carry out any provisions of this section terminated 10 years after May 8, 2008.
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title: "43 U.S.C. § 390h25"
description: "Mountain View, Moffett Area reclaimed water pipeline project"
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: "390h25"
citation: "43 U.S.C. § 390h25"
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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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 43 U.S.C. § 390h25 - Mountain View, Moffett Area reclaimed water pipeline project
## Text
(a) Authorization The Secretary, in cooperation with the City of Palo Alto, California, and the City of Mountain View, California, is authorized to participate in the design, planning, and construction of recycled water distribution systems.
(b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(d) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000.
(Pub. L. 102575, title XVI, § 1642, as added Pub. L. 110229, title V, § 512(a)(1), May 8, 2008, 122 Stat. 841.)
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "43 U.S.C. § 390h26"
description: "Pittsburg recycled water project"
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: "390h26"
citation: "43 U.S.C. § 390h26"
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. § 390h26 - Pittsburg recycled water project
## Text
(a) Authorization The Secretary, in cooperation with the City of Pittsburg, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities.
(b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(d) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,750,000.
(Pub. L. 102575, title XVI, § 1643, as added Pub. L. 110229, title V, § 512(a)(1), May 8, 2008, 122 Stat. 841.)
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "43 U.S.C. § 390h27"
description: "Antioch recycled water project"
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: "390h27"
citation: "43 U.S.C. § 390h27"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc43@119-100.zip"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 43 U.S.C. § 390h27 - Antioch recycled water project
## Text
(a) Authorization The Secretary, in cooperation with the City of Antioch, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities.
(b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(d) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,250,000.
(Pub. L. 102575, title XVI, § 1644, as added Pub. L. 110229, title V, § 512(a)(1), May 8, 2008, 122 Stat. 841.)

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