TITLE 43—PUBLIC LANDS

Chap.
Sec.
1.
Bureau of Land Management
1
2.
United States Geological Survey
31
3.
Surveys
51
4.
District Land Offices
70
5
Land Districts
121
6.
Withdrawal From Settlement, Location, Sale, or Entry
141
7.
Homesteads
161
8.
Timber and Stone Lands [Repealed]
311
8A.
Grazing Lands
315
9.
Desert-Land Entries
321
10.
Underground-Water Reclamation Grants [Repealed]
351
11.
Discovery, Development, and Marking of Water Holes, etc., by Government
361
11A.
Board on Geographic Names
364
12.
Reclamation and Irrigation of Lands by Federal Government
371
12A.
Boulder Canyon Project
617
12B.
Colorado River Storage Project
620
13.
Federal Lands Included in State Irrigation Districts
621
14.
Grants of Desert Lands to States for Reclamation
641
15.
Appropriation of Waters; Reservoir Sites
661
16.
Sale and Disposal of Public Lands
671
17.
Reservation and Sale of Town Sites on Public Lands
711
18.
Survey of Public Lands
751
19.
Bounty Lands [Repealed]
781
20.
Reservations and Grants to States for Public Purposes
851
21.
Grants in Aid of Railroads and Wagon Roads
881
21A.
Forfeiture of Northern Pacific Railroad Indemnity Land Grants [Omitted]
921
22.
Rights-of-way and Other Easements in Public Lands
931
23.
Grants of Swamp and Overflowed Lands
981
24.
Drainage Under State Laws [Repealed]
1021
25.
Unlawful Inclosures or Occupancy; Obstructing Settlement or Transit
1061
25A.
Lands Held Under Color of Title
1068
26.
Abandoned Military Reservations [Repealed]
1071
27.
Public Lands in Oklahoma
1091
28.
Miscellaneous Provisions Relating to Public Lands
1151
29.
Submerged Lands
1301
30.
Administration of Public Lands
1361
31.
Department of the Interior
1451
32.
Colorado River Basin Project
1501
32A.
Colorado River Basin Salinity Control
1571
32B.
Colorado River Floodway
1600
33.
Alaska Native Claims Settlement
1601
33A.
Implementation of Alaska Native Claims Settlement and Alaska Statehood
1631
34.
Trans-Alaska Pipeline
1651
35.
Federal Land Policy and Management
1701
36.
Outer Continental Shelf Resource Management
1801
37.
Public Rangelands Improvement
1901
38.
Crude Oil Transportation Systems
2001
39.
Abandoned Shipwrecks
2101
40.
Reclamation States Emergency Drought Relief
2201
41.
Federal Land Transaction Facilitation
2301
42.
Rural Water Supply
2401

        

CHAPTER 1—BUREAU OF LAND MANAGEMENT

Sec.
1.
Repealed.
2.
Duties concerning public lands.
3 to 5.
Repealed or Omitted.
6.
Duties of employees to certify, record, etc., patents.
7 to 10.
Repealed or Omitted.
11.
Restriction on officers, clerks, and employees.
12.
Seal, books, and records.
13.
Original papers on file as evidence.
14.
Returns relative to lands.
15.
Issuance and signing of patents by Secretary of the Interior; delegation of authority; notice.
16.
Engrossing and recording patents.
17.
Plats of land surveyed.
18.
Copies of papers filed.
19 to 25b.
Repealed.

        

§1. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632

Section, R.S. §446; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided that there shall be in the Department of the Interior a Director of the Bureau of Land Management. Provision for a Bureau of Land Management in the Department of the Interior and for the structure of such Bureau is contained in section 403 of the 1946 Reorg. Plan No. 3, which is set out below.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

For transfer of records, property, personnel, and funds, see sections 1001 to 1003 of Reorg. Plan No. 3 of 1946, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, set out in the Appendix to Title 5, Government Organization and Employees.

Bureau of Land Management Created

Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided:

“(a) The functions of the General Land Office and of the Grazing Service in the Department of the Interior are hereby consolidated to form a new agency in the Department of the Interior to be known as the Bureau of Land Management. The functions of the other agencies named in subsection (d) of this section are hereby transferred to the Secretary of the Interior.

“(b) There shall be at the head of such Bureau a Director of the Bureau of Land Management, who shall be appointed by the Secretary of the Interior under the classified civil service, who shall receive a salary at the rate of $10,000 per annum, and who shall perform such duties as the Secretary of the Interior shall designate.

“(c) There shall be in the Bureau of Land Management an Associate Director of the Bureau of Land Management and so many Assistant Directors of the Bureau of Land Management as may be necessary, who shall be appointed by the Secretary of the Interior under the classified civil service and subject to the Classification Act of 1923, as amended, and who shall perform such duties as the Secretary of the Interior may prescribe.

“(d) The General Land Office, the Grazing Service, the offices of Commissioner of the General Land Office, Assistant Commissioner of the General Land Office, Director of the Grazing Service, all Assistant Directors of the Grazing Service, all registers of the district land offices, and United States Supervisor of Surveys, together with the Field Surveying Service now known as the Cadastral Engineering Service, are hereby abolished.

“(e) The Bureau of Land Management and its functions shall be administered subject to the direction and control of the Secretary of the Interior, and the functions transferred to the Secretary by subsection (a) of this section shall be performed by the Secretary or, subject to his direction and control, by such officers and agencies of the Department of the Interior as he may designate.”

§2. Duties concerning public lands

The Secretary of the Interior or such officer as he may designate shall perform all executive duties appertaining to the surveying and sale of the public lands of the United States, or in anywise respecting such public lands, and, also, such as relate to private claims of land, and the issuing of patents for all grants of land under the authority of the Government.

(R.S. §453; Feb. 18, 1875, ch. 80, §1, 18 Stat. 317; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

R.S. §453 derived from acts Apr. 25, 1812, ch. 68, §1, 2 Stat. 716; July 4, 1836, ch. 352, §1, 5 Stat. 107; June 6, 1874, ch. 223, 18 Stat. 62; Feb. 18, 1875, ch. 80, §1, 18 Stat. 317.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“The Secretary of the Interior or such officer as he may designate shall perform” substituted for “The Commissioner of the General Land Office shall perform, under the direction of the Secretary of the Interior,” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

Bureau of Land Management Drug Enforcement Supplemental Authority

Pub. L. 99–570, title V, subtitle C, as added by Pub. L. 100–690, title VII, §6254(d)(3), Nov. 18, 1988, 102 Stat. 4365, provided that:

“SEC. 5061. SHORT TITLE.

“This subtitle may be cited as the ‘Bureau of Land Management Drug Enforcement Supplemental Authority Act’.

“SEC. 5062. BUREAU OF LAND MANAGEMENT AUTHORIZATION.

“In order to improve Federal law enforcement activities relating to the use and production of narcotics and controlled substances on Bureau of Land Management public lands, from amounts appropriated there are made available to the Secretary of the Interior, in addition to sums made available under other authority of law, $1,500,000 for fiscal year 1989, and for each fiscal year thereafter, to be used for the employment and training of additional and existing personnel, for equipment and facilities to be used by such personnel, and for expenses related to such employment, training, equipment, and facilities.”

§3. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 636

Section, acts July 11, 1890, ch. 667, §1, 26 Stat. 257; June 17, 1910, ch. 297, 36 Stat. 512, provided for the office of an assistant commissioner of the General Land Office, which was subsequently abolished by Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100. That Plan provided for a Bureau of Land Management, including an Associate Director and as many Assistant Directors as the Secretary of the Interior may find necessary. See note set out under section 1 of this title.

§3a. Omitted

Codification

Section, act June 5, 1942, ch. 336, §1, 56 Stat. 312, provided for assistant or deputy commissioners of the General Land Office and Bureau of Indian Affairs. Insofar as it related to the General Land Office it was superseded by Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out as a note under section 1 of this title. Provisions unaffected by the Plan relating to the Bureau of Indian Affairs are set out as section 2a of Title 25, Indians.

§§4, 5. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 641

Section 4, act May 22, 1908, ch. 186, 35 Stat. 225, which provided for a temporary assistant commissioner of the General Land Office, was superseded by Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out as a note under section 1 of this title.

Section 5, R.S. §447, provided for a recorder of the former General Land Office.

§6. Duties of employees to certify, record, etc., patents

It shall be the duty of such officers or employees of the Bureau of Land Management as may be designated by the Secretary of the Interior, in pursuance of instructions from the Secretary of the Interior or such officer as he may designate, to certify and affix the seal of the office to all patents for public lands, and to attend to the correct engrossing, recording, and transmission of such patents. They shall prepare alphabetical indexes of the names of patentees, and of persons entitled to patents; and shall prepare such copies and exemplifications of matters on file or recorded in the Bureau of Land Management as the Secretary or such officer may from time to time direct.

(R.S. §459; 1940 Reorg. Plan No. III, §4, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

R.S. §459 derived from acts Apr. 25, 1812, ch. 68, §8, 2 Stat. 717; July 4, 1836, ch. 352, §4, 5 Stat. 111.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Bureau of Land Management” substituted for “General Land Office” and references to the Commissioner were changed to Secretary of the Interior or such officer as he may designate on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

Office of Recorder of General Land Office abolished and functions of recorder directed to be exercised under direction and supervision of Secretary of the Interior, through such officers or employees of General Land Office as he may designate, on authority of section 4 of Reorg. Plan No. III of 1940, set out in the Appendix to Title 5, Government Organization and Employees. See also sections 8 and 9 of Reorg. Plan No. III of 1940 for provisions relating to transfer of records, property, personnel, and funds.

§7. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 641

Section, act May 22, 1908, ch. 186, 35 Stat. 225, authorized Secretary of the Interior to designate a temporary recorder for former General Land Office in certain cases. Reorg. Plan No. III of 1940, §4, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232, set out in the Appendix to Title 5, Government Organization and Employees, abolished office of Recorder of former General Land Office and provided that his functions should be exercised under direction and supervision of Secretary of the Interior through those officers or employees of former General Land Office as he might designate.

§8. Omitted

Codification

Section, act June 29, 1948, ch. 754, 62 Stat. 1114, provided for one clerk in the Bureau of Land Management to sign land patents, was from the Department of the Interior Appropriation Act, 1949, and was not repeated in subsequent appropriation acts.

A prior section 8, R.S. §450; acts June 19, 1878, ch. 329, 20 Stat. 183; May 24, 1922, ch. 199, 42 Stat. 552; Jan. 24, 1923, ch. 42, 42 Stat. 1174; June 5, 1924, ch. 264, 43 Stat. 391; Mar. 3, 1925, ch. 462, 43 Stat. 1142; May 10, 1926, ch. 277, 44 Stat. 456; Jan. 12, 1927, ch. 27, 44 Stat. 937; Mar. 7, 1928, ch. 137, 45 Stat. 202; Mar. 4, 1929, ch. 705, 45 Stat. 1564; May 14, 1930, ch. 273, 46 Stat. 281; Feb. 14, 1931, ch. 187, 46 Stat. 1117; Apr. 22, 1932, ch. 125, 47 Stat. 92; Feb. 17, 1933, ch. 98, 47 Stat. 822; Mar. 2, 1934, ch. 38, 48 Stat. 364; May 9, 1935, ch. 101, 49 Stat. 180; June 22, 1936, ch. 691, 49 Stat. 1761; Aug. 9, 1937, ch. 570, 50 Stat. 568; May 9, 1938, ch. 187, 52 Stat. 295; May 10, 1939, ch. 119, 53 Stat. 691; June 18, 1940, ch. 395, 54 Stat. 411; June 28, 1941, ch. 259, 55 Stat. 309; July 2, 1942, ch. 473, 56 Stat. 511; July 12, 1943, ch. 219, 57 Stat. 455; June 28, 1944, ch. 298, 58 Stat. 468; July 3, 1945, ch. 262, 59 Stat. 322; July 1, 1946, ch. 529, 60 Stat. 352; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; July 25, 1947, ch. 337, 61 Stat. 460, was repealed by act June 17, 1948, ch. 496, §2(a), (d), 62 Stat. 476.

§9. Repealed. June 17, 1948, ch. 496, §2(b), 62 Stat. 476

Section, R.S. §451; act June 19, 1878, ch. 329, 20 Stat. 183, provided for an assistant to sign land patents. See section 15 of this title.

§10. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 645

Section, acts May 24, 1922, ch. 199, 42 Stat. 555; Jan. 24, 1923, ch. 42, 42 Stat. 1177, related to depositary acting for commissioner as receiver of public moneys.

§11. Restriction on officers, clerks, and employees

The officers, clerks, and employees in the Bureau of Land Management are prohibited from directly or indirectly purchasing or becoming interested in the purchase of any of the public land; and any person who violates this section shall forthwith be removed from his office.

(R.S. §452; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

R.S. §452 derived from acts Apr. 25, 1812, ch. 68, §10, 2 Stat. 717; July 4, 1836, ch. 352, §14, 5 Stat. 112.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Bureau of Land Management” substituted for “General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§12. Seal, books, and records

The Secretary of the Interior or such officer as he may designate shall retain the charge of the seal adopted for the Bureau of Land Management which may continue to be used, and of the records, books, papers, and other property appertaining to the Bureau of Land Management.

(R.S. §454; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

R.S. §454 derived from act Apr. 25, 1812, ch. 68, §§4, 5, 2 Stat. 717.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Bureau of Land Management” substituted for “General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§13. Original papers on file as evidence

Whenever the officer, as the Secretary of the Interior may designate, of any United States land office shall be served with a subpoena duces tecum or other valid legal process requiring him to produce, in any United States court or in any court of record of any State, the original application for entry of public lands or the final proof of residence and cultivation or any other original papers on file in the Bureau of Land Management of the United States on which a patent to land has been issued or which furnish the basis for such patent, it shall be the duty of such officer to at once notify the Secretary of the Interior, or such officer as he may designate, of the service of such process, specifying the particular papers he is required to produce, and upon receipt of such notice from any such officer of a United States land office the Secretary or such officer designated by him shall at once transmit to the officer of such land office the original papers specified in such notice, and which such officer is required to produce, and to attach to such papers a certificate, under seal of his office, properly authenticating them as the original papers upon which patent was issued; and such papers so authenticated shall be received in evidence in all courts of the United States and in the several State courts of the States of the Union: Provided, That the Secretary of the Interior shall make rules and regulations to secure the return of such documents to the Bureau of Land Management, after use in evidence, without cost to the United States.

(Apr. 19, 1904, ch. 1398, 33 Stat. 186; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

References to Commissioner of General Land Office and registers of United States Land Offices changed to Secretary of the Interior or such officer as he may designate and “Bureau of Land Management” substituted for “General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§14. Returns relative to lands

All returns relative to the public lands shall be made to the Secretary of the Interior or such officer as he may designate.

(R.S. §456; July 31, 1894, ch. 174, §7, 28 Stat. 207; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

R.S. §456 derived from act Apr. 25, 1812, ch. 68, §9, 2 Stat. 717.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Secretary of the Interior or such officer as he may designate” substituted for “Commissioner of the General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§15. Issuance and signing of patents by Secretary of the Interior; delegation of authority; notice

All patents for public lands shall be issued and signed by the Secretary of the Interior in the name of the United States: Provided, That the Secretary may delegate his authority under this section to officers or employees of the Department of the Interior, but notice of any such delegation shall be given by publication in the Federal Register.

(June 17, 1948, ch. 496, §1, 62 Stat. 476.)

Prior Provisions

A prior section 15, R.S. §458; 1940 Reorg. Plan No. III, §4 eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to issuance of patents, prior to repeal by section 2(c) of act June 17, 1948.

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.

§16. Engrossing and recording patents

The engrossing and recording of patents for public lands may be done by means of typewriters or other machines, under regulations to be made by the Secretary of the Interior and approved by the President.

(Mar. 2, 1895, ch. 177, §3, 28 Stat. 807.)

§17. Plats of land surveyed

The Secretary of the Interior or such officer as he may designate shall, when required by the President or either House of Congress, make a plat of any land surveyed under the authority of the United States, and give such information respecting the public lands and concerning the business of the Bureau of Land Management as shall be directed.

(R.S. §455; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

R.S. §455 derived from act Apr. 25, 1812, ch. 68, §6, 2 Stat. 717.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Secretary of the Interior or such officer as he may designate” substituted for “Commissioner of the General Land Office” and “Bureau of Land Management” for “his office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§18. Copies of papers filed

Whenever any person claiming to be interested in or entitled to land, under any grant or patent from the United States, applies to the Department of the Interior for copies of papers filed and remaining therein, in anywise affecting the title to such land, it shall be the duty of the Secretary of the Interior to cause such copies to be made out and authenticated, under his hand and the seal of the Bureau of Land Management, for the person so applying.

(R.S. §460; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

R.S. §460 derived from acts Jan. 23, 1823, ch. 6, 3 Stat. 721; July 4, 1836, ch. 352, §7, 5 Stat. 111.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Bureau of Land Management” substituted for “General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§§19 to 21. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

Section 19, R.S. §2469, related to certified copies of records of the General Land Office.

Section 20, R.S. §2470, related to exemplification of the records of the General Land Office as evidence.

Section 21, R.S. §461; acts Apr. 2, 1888, ch. 54, 25 Stat. 76; Oct. 12, 1888, ch. 1098, 25 Stat. 557; May 29, 1908, ch. 220, §15, 35 Stat. 469; June 5, 1920, ch. 235, §1, 41 Stat. 908, related to fees for exemplifications.

For Department of the Interior record provisions and Government records and papers, see section 1460 et seq. of this title, and section 1733 of Title 28, Judiciary and Judicial Procedure.

§22. Repealed. July 30, 1947, ch. 354, §2, 61 Stat. 522

Section, act June 5, 1920, ch. 235, 41 Stat. 908, related to cost of photolithographic copies of plats. See section 1460 of this title.

§23. Repealed. Pub. L. 86–649, title II, §202(b), July 14, 1960, 74 Stat. 507

Section, act Feb. 14, 1931, ch. 187, 46 Stat. 1118, prescribed fees for depositions in hearings in Bureau of Land Management. See section 1371 of this title. Similar provisions were contained in the following prior appropriation acts:

Mar. 3, 1925, ch. 462, 43 Stat. 1145.

June 5, 1924, ch. 264, 43 Stat. 395.

Jan. 24, 1923, ch. 42, 42 Stat. 1179.

May 24, 1922, ch. 199, 42 Stat. 558.

Mar. 3, 1915, ch. 75, 38 Stat. 855.

§24. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 646, 647

Section, acts May 10, 1926, ch. 277, 44 Stat. 456; Jan 12, 1927, ch. 27, 44 Stat. 938; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized payment of mileage for automobile travel.

§§25 to 25b. Repealed. Oct. 25, 1951, ch. 562, §1(25), 65 Stat. 639

Section 25, act May 28, 1926, ch. 415, §1, 44 Stat. 672, related to transfer of records of United States land office to any State upon closing of last United States land office in that State.

Section 25a, act May 28, 1926, ch. 415, §2, 44 Stat. 673, related to transfer of field notes and maps of United States land office to any State upon closing of last United States land office in that State.

Section 25b, act May 28, 1926, ch. 415, §3, 44 Stat. 673, related to requirement that State provide by law for preservation and access of records, field notes, and maps.

See section 3301 et seq. of Title 44, Public Printing and Documents.

CHAPTER 2—UNITED STATES GEOLOGICAL SURVEY

Sec.
31.
Director of United States Geological Survey.
31a.
Findings and purpose.
31b.
Definitions.
31c.
Geologic mapping program.
31d.
Advisory committee.
31e.
Geologic mapping program 5-year plan.
31f.
National geologic map database.
31g.
Biennial report.
31h.
Authorization of appropriations.
31i.
Report on resource research activities.
31j.
Biological research activity of Survey; review and report by National Academy of Sciences.
32.
Acting Director.
33.
Repealed.
34.
Scientific employees.
35.
Repealed.
36.
Purchase of books.
36a.
Acquisition of scientific or technical books, maps, etc., for library.
36b.
Acquisition of lands or interests therein for use in gaging streams or underground water resources.
36c.
Acceptance of contributions from public and private sources; cooperation with other agencies in prosecution of projects.
36d.
Cooperative agreements.
37.
Omitted.
38.
Topographic surveys; marking elevations.
39, 40.
Omitted.
41.
Publications and reports; preparation and sale.
42.
Distribution of maps and atlases, etc.
42a.
Use of receipts from sale of maps for map printing and distribution.
43.
Copies to Senators, Representatives, and Delegates.
44.
Sale of transfers or copies of data.
45.
Production and sale of copies of photographs and records; disposition of receipts.
46 to 48.
Omitted or Repealed.
49.
Extension of cooperative work to Puerto Rico.
50.
Survey's share of cost of topographic mapping or water resources investigations carried on with States.
50–1.
Funds for mappings and investigations considered intragovernmental funds.
50a.
Working capital fund for United States Geological Survey.
50b.
Recording of obligations against accounts receivable and crediting of amounts received; work involving cooperation with State, Territory, etc.
50c.
Payment of costs incidental to utilization of services of volunteers.
50d.
Services of students or recent graduates.

        

§31. Director of United States Geological Survey

(a) Establishment of office; appointment and duties; examination of geological structure, mineral resources, and products of national domain; prohibitions in respect to lands and surveys

The Director of the United States Geological Survey, which office is established, under the Interior Department, shall be appointed by the President by and with the advice and consent of the Senate. This officer shall have the direction of the United States Geological Survey, and the classification of the public lands and examination of the geological structure, mineral resources, and products of the national domain. The Director and members of the United States Geological Survey shall have no personal or private interests in the lands or mineral wealth of the region under survey, and shall execute no surveys or examinations for private parties or corporations.

(b) Examination of geological structure, mineral resources, and products outside national domain

The authority of the Secretary of the Interior, exercised through the United States Geological Survey of the Department of the Interior, to examine the geological structure, mineral resources, and products of the national domain, is expanded to authorize such examinations outside the national domain where determined by the Secretary to be in the national interest.

(Mar. 3, 1879, ch. 182, 20 Stat. 394; Pub. L. 87–626, §§1, 2, Sept. 5, 1962, 76 Stat. 427; Pub. L. 93–608, §2(6), Jan. 2, 1975, 88 Stat. 1971; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L. 104–66, title I, §1081(e), Dec. 21, 1995, 109 Stat. 721.)

Codification

Subsec. (a) of this section is from act Mar. 3, 1879. Subsecs. (b) and (c) of this section are sections 1 and 2, respectively, of Pub. L. 87–626.

Provisions of subsec. (a) of this section which limited the salary of the Director of the Geological Survey to $6,000 a year were omitted as obsolete. See section 5316 of Title 5, Government Organization and Employees.

Amendments

1995—Subsec. (c). Pub. L. 104–66 struck out subsec. (c) which read as follows: “The Secretary of the Interior shall report to the Speaker of the House of Representatives and the President of the Senate on January 31 of each year on all actions taken pursuant to subsection (b) of this section during the year ending on the December 31 immediately preceding the reporting date and on the results of such actions.”

1975—Subsec. (c). Pub. L. 93–608 substituted requirement of an annual report for requirement of a semiannual report.

Change of Name

Pub. L. 102–285, §10(a), May 18, 1992, 106 Stat. 171, provided that: “The Geological Survey established by the Act of March 3, 1879 (43 U.S.C. 31(a)), is designated as and shall hereafter [on and after May 18, 1992] be known as the United States Geological Survey.”

“United States Geological Survey” substituted for “Geological Survey” in subsecs. (a) and (b) pursuant to provision of title I of Pub. L. 102–154, which provided: “That the Geological Survey (43 U.S.C. 31(a)) shall hereafter [on and after Nov. 13, 1991] be designated the United States Geological Survey.”

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.

Continental Scientific Drilling and Exploration

Pub. L. 100–441, Sept. 22, 1988, 102 Stat. 1760, provided: “That this Act may be cited as the ‘Continental Scientific Drilling and Exploration Act’.

“SEC. 2. PURPOSES.

“The purpose of this Act is to—

“(1) implement section 323 of the joint resolution entitled ‘Joint Resolution making continuing appropriations for the fiscal year 1985, and for other purposes’, approved October 12, 1984 (Public Law 98–473; 98 Stat. 1875) [set out below] which supports and encourages the development of a national Continental Scientific Drilling Program;

“(2) enhance fundamental understanding of the composition, structure, dynamics, and evolution of the continental crust, and how such processes affect natural phenomena such as earthquakes, volcanic eruptions, transfer of geothermal energy, distribution of mineral deposits, the occurrence of fossil fuels, and the nature and extent of aquifers;

“(3) advance basic earth sciences research and technological development;

“(4) obtain critical data regarding the earth's crust relating to isolation of hazardous wastes; and

“(5) develop a long-range plan for implementation of the Continental Scientific Drilling Program.

“SEC. 3. FINDINGS.

“Congress finds that—

“(1) because the earth provides energy, minerals, and water, and is used as a storage medium for municipal, chemical, and nuclear waste, an understanding of the processes and structures in the earth's crust is essential to the well being of the United States;

“(2) there is a need for developing long-range plans for a United States Continental Scientific Drilling Program; and

“(3) the Continental Scientific Drilling Program would enhance—

“(A) understanding of the crustal evolution of the earth and the mountain building processes;

“(B) understanding of the mechanisms of earthquakes and volcanic eruptions and the development of improved techniques for prediction;

“(C) understanding of the development and utilization of geothermal and other energy sources and the formation of and occurrence of mineral deposits;

“(D) understanding of the migration of fluids in the earth's crust for evaluation of waste contamination and the development of more effective techniques for the safe subsurface disposal of hazardous wastes;

“(E) understanding and definition of the size, source, and more effective use of aquifers and other water resources; and

“(F) evaluation and verification of surface geophysical techniques needed for exploring and monitoring the earth's crust.

“SEC. 4. IMPLEMENTATION OF CONTINENTAL SCIENTIFIC DRILLING PROGRAM.

“The Secretary of the Department of Energy, the Secretary of the Department of the Interior through the United States Geological Survey, and the Director of the National Science Foundation shall implement the policies of section 323 of the joint resolution entitled ‘Joint Resolution making continuing appropriations for the fiscal year 1985, and for other purposes’, approved October 12, 1984 (Public Law 98–473; 98 Stat. 1875) [set out below] by—

“(1) taking such action as necessary to assure an effective, cooperative effort in furtherance of the Continental Scientific Drilling Program of the United States;

“(2) taking all reasonable administrative and financial measures to assure that the Interagency Accord on Continental Scientific Drilling continues to function effectively in support of such program;

“(3) assuring the continuing effective operation of the Interagency Coordinating Group to further the objectives of such program;

“(4) taking such action to assure that the Interagency Coordinating Group receives appropriate cooperation from any Federal agency that can contribute to the objectives of such program, without adversely affecting any program or activity of such agency;

“(5) acting through the Interagency Coordinating Group, preparing and submitting to the Congress, within one hundred and eighty days after the enactment of this Act [Sept. 22, 1988] a report describing—

“(A) long and short-term policy objectives and goals of the United States Continental Scientific Drilling Program;

“(B) projected schedules of desirable scientific and engineering events that would advance United States objectives in the Continental Scientific Drilling Program;

“(C) the levels of resources and funding for fiscal year 1989 that would be required by each participating Federal agency to carry out events pursuant to subparagraphs (A) and (B);

“(D) the scientific, economic, technological, and social benefits expected to be realized through the implementation of such program at each level described in subparagraph (C);

“(E) a recommended course for interaction with the international community in a cooperative effort to achieve the goals and purposes of this Act;

“(F) the extent of participation or interest shown to date in the Continental Scientific Drilling Program by—

“(i) any other governmental agency;

“(ii) any academic institution;

“(iii) any organization in the private sector; and

“(iv) any governmental or other entity in the international community;

“(G) a plan to develop beneficial cooperative relationships among the entities mentioned in subparagraph (F), to the extent that the Interagency Coordinating Group deems practicable; and

“(H) any other information or recommendations that the Interagency Coordinating Group deems appropriate; and

“(6) submitting to the Congress annually, beginning one year after the submission of a report under paragraph (5), a report describing the levels of resources and funding that would be required by each participating Federal agency for the next fiscal year to carry out events pursuant to paragraph (5)(A) and (B).”

[For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under section 4(6) of Pub. L. 100–441, set out above, is listed as the 10th item on page 149), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, §1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance.]

Pub. L. 98–473, title I, §101(c) [title III, §323], Oct. 12, 1984, 98 Stat. 1837, 1875, provided that: “It is the sense of the Congress that the Continental Scientific Drilling Program is an important national scientific endeavor, benefiting the commerce of the Nation, which should be vigorously pursued by Government and the private sector. The Continental Scientific Drilling Program is an important national scientific endeavor that is vital to the understanding of the geologic evolution of the Earth and the economic value of its resources; the most effective and efficient means of realizing the fullest potential in the Continental Scientific Drilling Program is through a cooperative effort by the Department of Energy, the National Science Foundation, and the United States Geological Survey; many important commercial and scientific advances may result from the Continental Scientific Drilling Program; and many foreign nations are engaged in a comparable deep drilling program, and cooperation and coordination would be beneficial to United States efforts. It is the sense of the Congress that—

“(1) the Continental Scientific Drilling Program is an important national scientific endeavor by the United States which should be enthusiastically implemented through a joint cooperative effort among the United States Department of Energy, the National Science Foundation, and the United States Geological Survey;

“(2) the private sector should be encouraged to support the Continental Scientific Drilling Program and the participating agencies should solicit appropriate private sector participation in such program; and

“(3) the United States Government should cooperate to the extent practicable with the international community in developing this important scientific and technical activity.”

§31a. Findings and purpose

(a) Findings

The Congress finds and declares that—

(1) although significant progress has been made in the production of geologic maps since the establishment of the national cooperative geologic mapping program in 1992, no modern, digital, geologic map exists for approximately 75 percent of the United States;

(2) geologic maps are the primary data base for virtually all applied and basic earth-science investigations, including—

(A) exploration for and development of mineral, energy, and water resources;

(B) screening and characterizing sites for toxic and nuclear waste disposal;

(C) land use evaluation and planning for homeland and environmental protection;

(D) earthquake hazards reduction;

(E) identifying volcanic hazards;

(F) design and construction of infrastructure requirements such as utility lifelines, transportation corridors, and surface-water impoundments;

(G) reducing losses from landslides and other ground failures;

(H) mitigating effects of coastal and stream erosion;

(I) siting of critical facilities;

(J) recreation and public awareness; and

(K) basic earth-science research;


(3) Federal agencies, State and local governments, private industry, and the general public depend on the information provided by geologic maps to determine the extent of potential environmental damage before embarking on projects that could lead to preventable, costly environmental problems or litigation;

(4) the combined capabilities of State, Federal, and academic groups to provide geologic mapping are not sufficient to meet the present and future needs of the United States for national security, environmental protection, and energy self-sufficiency of the Nation;

(5) States are willing to contribute 50 percent of the funding necessary to complete the mapping of the geology within the State;

(6) the lack of proper geologic maps has led to the poor design of such structures as dams and waste-disposal facilities;

(7) geologic maps have proven indispensable in the search for needed fossil-fuel and mineral resources;

(8) geologic map information is required for the sustainable and balanced development of natural resources of all types, including energy, minerals, land, water, and biological resources;

(9) advances in digital technology and geographical information system science have made geologic map databases increasingly available as decision support tools for land and resource management; and

(10) a comprehensive nationwide program of geologic mapping of surficial and bedrock deposits is required in order to systematically build the Nation's geologic-map data base at a pace that responds to increasing demand.

(b) Purpose

The purpose of sections 31a to 31h of this title is to expedite the production of a geologic-map data base for the Nation, to be located within the United States Geological Survey, which can be applied to land-use management, assessment, and utilization, conservation of natural resources, groundwater management, and environmental protection and management.

(Pub. L. 102–285, §2, May 18, 1992, 106 Stat. 166; Pub. L. 106–148, §2, Dec. 9, 1999, 113 Stat. 1719; Pub. L. 111–11, title XI, §11001(a), (b), Mar. 30, 2009, 123 Stat. 1414.)

References in Text

Sections 31a to 31h of this title, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 102–285, known as the National Geologic Mapping Act of 1992, which is classified principally to sections 31a to 31h of this title. For complete classification of this Act to the Code, see Short Title note below and Tables.

Amendments

2009—Subsec. (a)(1). Pub. L. 111–11, §11001(a)(1), added par. (1) and struck out former par. (1) which read as follows: “during the past 2 decades, the production of geologic maps has been drastically curtailed;”.

Subsec. (a)(2)(C). Pub. L. 111–11, §11001(a)(2)(A), inserted “homeland and” after “planning for”.

Subsec. (a)(2)(E). Pub. L. 111–11, §11001(a)(2)(B), substituted “identifying” for “predicting”.

Subsec. (a)(2)(J), (K). Pub. L. 111–11, §11001(a)(2)(C)–(E), added subpar. (J) and redesignated former subpar. (J) as (K).

Subsec. (a)(9). Pub. L. 111–11, §11001(a)(3), substituted “available” for “important”.

Subsec. (b). Pub. L. 111–11, §11001(b), inserted “and management” before period at end.

1999—Subsec. (a)(8) to (10). Pub. L. 106–148 added pars. (8) and (9) and redesignated former par. (8) as (10) and inserted “of surficial and bedrock deposits” after “geologic mapping”.

Short Title of 1999 Amendment

Pub. L. 106–148, §1, Dec. 9, 1999, 113 Stat. 1719, provided that: “This Act [enacting sections 31e, 31g and 31h of this title, amending sections 31a to 31d and 31f of this title, and repealing former sections 31e, 31g, and 31h of this title] may be cited as the ‘National Geologic Mapping Reauthorization Act of 1999’.”

Short Title of 1997 Amendment

Pub. L. 105–36, §1, Aug. 5, 1997, 111 Stat. 1107, provided that: “This Act [amending sections 31b to 31h of this title and enacting provisions set out as a note under this section] may be cited as the ‘National Geologic Mapping Reauthorization Act of 1997’.”

Short Title

Section 1 of Pub. L. 102–285 provided that: “This Act [enacting this section and sections 31b to 31h of this title, amending sections 1457, 1457a, and 1782 of this title, sections 450ii–3, 665, 1133, and 3151 of Title 16, Conservation, section 262k of Title 22, Foreign Relations and Intercourse, section 1677 of Title 25, Indians, sections 1, 1a, 2, 3, 4, 4c, 4d, 5, 6, 7, 8, 411, 412, 804, 812, 871, 878, 1224, 1229, 1232, 1311, 1315, and 1604 of Title 30, Mineral Lands and Mining, and sections 5814 and 6505 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under section 31 of this title and section 1 of Title 30, and amending provisions set out as a note under section 1231 of Title 30] may be cited as the ‘National Geologic Mapping Act of 1992’.”

Findings

Pub. L. 105–36, §2, Aug. 5, 1997, 111 Stat. 1107, provided that: “Congress finds that—

“(1) in enacting the National Geologic Mapping Act of 1992 (43 U.S.C. 31a et seq.), Congress found, among other things, that—

“(A) during the 2 decades preceding enactment of that Act, the production of geologic maps had been drastically curtailed;

“(B) geologic maps are the primary data base for virtually all applied and basic earth-science investigations;

“(C) Federal agencies, State and local governments, private industry, and the general public depend on the information provided by geologic maps to determine the extent of potential environmental damage before embarking on projects that could lead to preventable, costly environmental problems or litigation;

“(D) the lack of proper geologic maps has led to the poor design of such structures as dams and waste-disposal facilities;

“(E) geologic maps have proven indispensable in the search for needed fossil fuel and mineral resources; and

“(F) a comprehensive nationwide program of geologic mapping is required in order to systematically build the Nation's geologic-map data base at a pace that responds to increasing demand;

“(2) the geologic mapping program called for by that Act has not been fully implemented; and

“(3) it is time for this important program to be fully implemented.”

§31b. Definitions

In sections 31a to 31h of this title:

(1) Advisory committee

The term “advisory committee” means the advisory committee established under section 31d of this title.

(2) Association

The term “Association” means the Association of American State Geologists.

(3) Director

The term “Director” means the Director of the United States Geological Survey.

(4) Education component

The term “education component” means the education component of the geologic mapping program described in section 31e(d)(3) 1 of this title.

(5) Federal component

The term “Federal component” means the Federal component of the geologic mapping program described in section 31e(d)(1) 2 of this title.

(6) Geologic mapping program

The term “geologic mapping program” means the National Cooperative Geologic Mapping Program established by section 31c(a) of this title.

(7) Secretary

The term “Secretary” means the Secretary of the Interior.

(8) State

The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the Virgin Islands.

(9) State component

The term “State component” means the State component of the geologic mapping program described in section 31e(d)(2) 3 of this title.

(10) Survey

The term “Survey” means the United States Geological Survey.

(Pub. L. 102–285, §3, May 18, 1992, 106 Stat. 167; Pub. L. 105–36, §3(a), Aug. 5, 1997, 111 Stat. 1107; Pub. L. 106–148, §3, Dec. 9, 1999, 113 Stat. 1719.)

References in Text

Sections 31a to 31h of this title, referred to in text, was in the original “this Act”, meaning Pub. L. 102–285, known as the National Geologic Mapping Act of 1992, which is classified principally to sections 31a to 31h of this title. For complete classification of this Act to the Code, see Short Title note set out under section 31a of this title and Tables.

Amendments

1999—Pars. (4) to (10). Pub. L. 106–148 added pars. (4), (5), and (9) and redesignated former pars. (4), (5), (6), and (7) as (6), (7), (8), and (10), respectively.

1997—Pub. L. 105–36, §3(a)(1), substituted “In sections 31a to 31h of this title:” for “As used in sections 31a to 31h of this title:” in introductory provisions.

Par. (1). Pub. L. 105–36, §3(a)(5), inserted heading.

Par. (2). Pub. L. 105–36, §3(a)(2), (3), added par. (2). Former par. (2) redesignated (3).

Pars. (3) to (5). Pub. L. 105–36, §3(a)(2), (5), redesignated pars. (2) to (4) as (3) to (5), respectively, and inserted headings. Par. (5) redesignated (7).

Par. (6). Pub. L. 105–36, §3(a)(4), added par. (6).

Par. (7). Pub. L. 105–36, §3(a)(2), (5), redesignated par. (5) as (7) and inserted heading.

1 So in original. Probably should be section “31c(d)(3)”.

2 So in original. Probably should be section “31c(d)(1)”.

3 So in original. Probably should be section “31c(d)(2)”.

§31c. Geologic mapping program

(a) Establishment

(1) In general

There is established a national cooperative geologic mapping program between the United States Geological Survey and the State geological surveys, acting through the Association.

(2) Design, development, and administration

The cooperative geologic mapping program shall be—

(A) designed and administered to achieve the objectives set forth in subsection (c) of this section;

(B) developed in consultation with the advisory committee; and

(C) administered through the Survey.

(b) Responsibilities of the Survey

(1) Lead agency

The Survey shall be the lead Federal agency responsible for planning, developing national priorities and standards for, coordinating, and managing the geologic mapping program. In carrying out this paragraph, the Secretary, acting through the Director, shall—

(A) develop a 5-year strategic plan for the geologic mapping program in accordance with section 31e of this title, which plan shall be submitted to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 1 year after March 30, 2009;

(B) appoint, with the advice and consultation of the Association, the advisory committee not later than 1 year after March 30, 2009, in accordance with section 31d of this title; and

(C) submit biennially a report to the Committee on Energy and Natural Resources of the United States Senate and to the Committee on Resources of the House of Representatives identifying—

(i) how the Survey and the Association are coordinating the development and implementation of the geologic mapping program;

(ii) how the Survey and the Association establish goals, mapping priorities, and target dates for implementation of the geologic mapping program; and

(iii) how long-term staffing plans for the various components of the geologic mapping program affect successful implementation of the geologic mapping program.

(2) Responsibilities of the Secretary

In addition to paragraph (1), the Secretary, acting through the Director, shall be responsible for developing, as soon as practicable—

(A) in cooperation with the Association, other Federal and State agencies, public and private sector organizations and academia, the geologic-map data base; and

(B) maps and mapping techniques which achieve the objectives specified in subsection (c) of this section.

(c) Program objectives

The objectives of the geologic mapping program shall include—

(1) determining the Nation's geologic framework through systematic development of geologic maps at scales appropriate to the geologic setting and the perceived applications, such maps to be contributed to the national geologic map data base;

(2) development of a complementary national geochronologic and paleontologic data base that provides value-added descriptive and interpretative information to the geologic-map data base;

(3) application of cost-effective mapping techniques that assemble, produce, translate and disseminate geologic-map information and that render such information of greater application and benefit to the public; and

(4) development of public awareness of the role and application of geologic-map information to the resolution of national issues of land use management.

(d) Program components

(1) Federal component

(A) In general

The geologic mapping program shall include a Federal geologic mapping component, the objective of which shall be to determine the geologic framework of areas determined to be vital to the economic, social, environmental, or scientific welfare of the United States.

(B) Mapping priorities

For the Federal component, mapping priorities—

(i) shall be described in the 5-year plan under section 31e of this title; and

(ii) shall be based on—

(I) national requirements for geologic map information in areas of multiple-issue need or areas of compelling single-issue need;

(II) national requirements for geologic map information in areas where mapping is required to solve critical earth science problems; and

(III) the needs of land management agencies of the Department of the Interior.

(C) Interdisciplinary studies

(i) In general

The Federal component shall include interdisciplinary studies that add value to geologic mapping.

(ii) Representative categories

Interdisciplinary studies under clause (i) may include—

(I) establishment of a national geologic map database under section 31f of this title;

(II) studies that lead to the implementation of cost-effective digital methods for the acquisition, compilation, analysis, cartographic production, and dissemination of geologic map information;

(III) paleontologic, geochrono-logic, and isotopic investigations that provide information critical to understanding the age and history of geologic map units;

(IV) geophysical investigations that assist in delineating and mapping the physical characteristics and 3-dimensional distribution of geologic materials and geologic structures; and

(V) geochemical investigations and analytical operations that characterize the composition of geologic map units.

(iii) Use of results

The results of investigations under clause (ii) shall be contributed to national databases.

(2) State component

(A) In general

The geologic mapping program shall include a State geologic mapping component, the objective of which shall be to establish the geologic framework of areas determined to be vital to the economic, social, environmental, or scientific welfare of individual States.

(B) Mapping priorities

For the State component, mapping priorities—

(i) shall be determined by State panels representing a broad range of users of geologic maps; and

(ii) shall be based on—

(I) State requirements for geologic map information in areas of multiple-issue need or areas of compelling single-issue need; and

(II) State requirements for geologic map information in areas where mapping is required to solve critical earth science problems.

(C) Integration of Federal and State priorities

A national panel including representatives of the Survey shall integrate the State mapping priorities under this paragraph with the Federal mapping priorities under paragraph (1).

(D) Use of funds

The Survey and recipients of grants under the State component shall not use more than 15.25 percent of the Federal funds made available under the State component for any fiscal year to pay indirect, servicing, or program management charges.

(E) Federal share

The Federal share of the cost of activities under the State component for any fiscal year shall not exceed 50 percent.

(3) Education component

(A) In general

The geologic mapping program shall include a geologic mapping education component for the training of geologic mappers, the objectives of which shall be—

(i) to provide for broad education in geologic mapping and field analysis through support of field studies; and

(ii) to develop academic programs that teach students of earth science the fundamental principles of geologic mapping and field analysis.

(B) Investigations

The education component may include the conduct of investigations, which—

(i) shall be integrated with the Federal component and the State component; and

(ii) shall respond to mapping priorities identified for the Federal component and the State component.

(C) Use of funds

The Survey and recipients of grants under the education component shall not use more than 15.25 percent of the Federal funds made available under the education component for any fiscal year to pay indirect, servicing, or program management charges.

(D) Federal share

The Federal share of the cost of activities under the education component for any fiscal year shall not exceed 50 percent.

(Pub. L. 102–285, §4, May 18, 1992, 106 Stat. 167; Pub. L. 103–437, §16(a)(1), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 105–36, §3(b), Aug. 5, 1997, 111 Stat. 1108; Pub. L. 106–148, §4, Dec. 9, 1999, 113 Stat. 1720; Pub. L. 111–11, title XI, §11001(c)–(e), Mar. 30, 2009, 123 Stat. 1414, 1415.)

Amendments

2009—Subsec. (b)(1)(A). Pub. L. 111–11, §11001(c)(1), substituted “not later than 1 year after March 30, 2009;” for “not later than 1 year after December 9, 1999;”.

Subsec. (b)(1)(B). Pub. L. 111–11, §11001(c)(2), substituted “not later than 1 year after March 30, 2009, in accordance” for “not later than 1 year after December 9, 1999, in accordance”.

Subsec. (b)(1)(C). Pub. L. 111–11, §11001(c)(3), substituted “submit biennially” for “not later than 3 years after December 9, 1999, and biennially thereafter, submit” in introductory provisions.

Subsec. (c)(2). Pub. L. 111–11, §11001(d), struck out “geophysical-map data base, geochemical-map data base, and a” after “national” and substituted “provides” for “provide”.

Subsec. (d)(1)(B)(ii)(III). Pub. L. 111–11, §11001(e), added subcl. (III).

1999—Subsec. (b)(1). Pub. L. 106–148, §4(1)(A), substituted “national priorities and standards for” for “priorities” in first sentence.

Subsec. (b)(1)(A). Pub. L. 106–148, §4(1)(B), substituted “develop a 5-year strategic plan for the geologic mapping program” for “develop a geologic mapping program implementation plan” and “not later than 1 year after December 9, 1999” for “within 300 days after August 5, 1997”.

Subsec. (b)(1)(B). Pub. L. 106–148, §4(1)(C), substituted “not later than 1 year after December 9, 1999,” for “within 90 days after August 5, 1997,”.

Subsec. (b)(1)(C). Pub. L. 106–148, §4(1)(D)(i), substituted “not later than 3 years after December 9, 1999, and biennially thereafter” for “within 210 days after August 5, 1997” in introductory provisions.

Subsec. (b)(1)(C)(i). Pub. L. 106–148, §4(1)(D)(ii), substituted “are coordinating” for “will coordinate”.

Subsec. (b)(1)(C)(ii). Pub. L. 106–148, §4(1)(D)(iii), substituted “establish” for “will establish”.

Subsec. (b)(1)(C)(iii). Pub. L. 106–148, §4(1)(D)(iv), substituted “affect” for “will lead to”.

Subsec. (d). Pub. L. 106–148, §4(2), added subsec. (d) and struck out former subsec. (d) which set out the Federal, support, State, and education components of the geological mapping program.

1997—Subsec. (a). Pub. L. 105–36, §3(b)(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “There is established in the United States Geological Survey a National Cooperative Geologic Mapping Program. The geologic mapping program shall be developed in consultation with the advisory committee and shall be designed and administered to achieve the objectives set forth in subsection (c) of this section.”

Subsec. (b). Pub. L. 105–36, §3(b)(2)(A), (D), substituted “the Survey” for “USGS” in heading and realigned text margins.

Subsec. (b)(1). Pub. L. 105–36, §3(b)(2)(B)(i), (ii), inserted heading and realigned margins.

Subsec. (b)(1)(A). Pub. L. 105–36, §3(b)(2)(B)(iii), substituted “Committee on Resources” for “Committee on Natural Resources” and “August 5, 1997” for “May 18, 1992”.

Subsec. (b)(1)(B). Pub. L. 105–36, §3(b)(2)(B)(iv), substituted “Association” for “State geological surveys” and “August 5, 1997” for “May 18, 1992”.

Subsec. (b)(1)(C). Pub. L. 105–36, §3(b)(2)(B)(v)(I), (II), in introductory provisions, substituted “August 5, 1997” for “May 18, 1992” and “Committee on Resources” for “Committee on Natural Resources”.

Subsec. (b)(1)(C)(i). Pub. L. 105–36, §3(b)(2)(B)(v)(III), inserted “and the Association” after “the Survey”.

Subsec. (b)(1)(C)(ii). Pub. L. 105–36, §3(b)(2)(B)(v)(III), (IV), inserted “and the Association” after “the Survey” and “and” after semicolon at end.

Subsec. (b)(1)(C)(iii), (iv). Pub. L. 105–36, §3(b)(2)(B)(v)(V), substituted period for “; and” at end of cl. (iii) and struck out cl. (iv) which read as follows: “the degree to which geologic mapping activities traditionally funded by the Survey, including the use of commercially available aerial photography, geodesy, professional land surveying, photogrammetric mapping, cartography, photographic processing, and related services, can be contracted to professional private mapping firms.”

Subsec. (b)(2). Pub. L. 105–36, §3(b)(2)(C)(i), inserted heading.

Subsec. (b)(2)(A). Pub. L. 105–36, §3(b)(2)(C)(ii), substituted “Association” for “State geological surveys”.

Subsec. (c)(2). Pub. L. 105–36, §3(b)(3)(A), substituted “interpretative information” for “interpretive information”.

Subsec. (c)(4). Pub. L. 105–36, §3(b)(3)(B), substituted “public awareness of” for “public awareness for”.

Subsec. (d)(1). Pub. L. 105–36, §3(b)(4)(A), inserted heading.

Subsec. (d)(2). Pub. L. 105–36, §3(b)(4)(B)(i), inserted heading.

Subsec. (d)(2)(D). Pub. L. 105–36, §3(b)(4)(B)(ii), added subpar. (D) and struck out former subpar. (D) which read as follows: “geochronologic and isotopic investigations that (i) provide radiometric age dates for geologic-map units and (ii) fingerprint the geothermometry, geobarometry, and alteration history of geologic-map units, which investigations shall be contributed to a national geochronologic data base;”.

Subsec. (d)(3). Pub. L. 105–36, §3(b)(4)(C), inserted heading.

Subsec. (d)(4). Pub. L. 105–36, §3(b)(4)(D), added par. (4) and struck out former par. (4) which read as follows: “A geologic mapping education component, whose objective shall be—

“(A) to develop the academic programs that teach earth-science students the fundamental principles of geologic mapping and field analysis; and

“(B) to provide for broad education in geologic mapping and field analysis through support of field teaching institutes.

Investigations conducted under the geologic mapping education component shall be integrated with the other mapping components of the geologic mapping program, and shall respond to priorities identified for those components.”

1994—Subsec. (b)(1)(A), (C). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.

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.

§31d. Advisory committee

(a) Establishment

(1) In general

There shall be established a 11-member geologic mapping advisory committee to advise the Director on planning and implementation of the geologic mapping program.

(2) Members ex officio

Federal agency members shall include the Administrator of the Environmental Protection Agency or a designee, the Secretary of the Interior or a designee from a land management agency of the Department of the Interior, the Secretary of Energy or a designee, and the Secretary of Agriculture or a designee.

(3) Appointed members

In consultation with the Association, the Secretary shall appoint to the advisory committee two representatives from the Survey (including the Associate Director for Geology, as Chair), two representatives from the State geological surveys, one representative from academia, and 2 representatives from the private sector.

(b) Duties

The advisory committee shall—

(1) review and update the 5-year plan prepared by the Director pursuant to section 31e of this title;

(2) review the scientific progress of the geologic mapping program;

(3) provide a scientific overview of geologic maps (including maps of geologic-based hazards) used or disseminated by Federal agencies for regulation or land-use planning; and

(4) submit an annual report to the Secretary that evaluates the progress of the Federal, State, and university mapping activities and evaluates the progress made toward fulfilling the purposes of sections 31c through 31f of this title.

(Pub. L. 102–285, §5, May 18, 1992, 106 Stat. 169; Pub. L. 105–36, §3(c), Aug. 5, 1997, 111 Stat. 1110; Pub. L. 106–148, §5, Dec. 9, 1999, 113 Stat. 1722; Pub. L. 111–11, title XI, §11001(f), Mar. 30, 2009, 123 Stat. 1415.)

Amendments

2009—Subsec. (a)(1). Pub. L. 111–11, §11001(f)(3), substituted “11-member” for “10-member”.

Subsec. (a)(2). Pub. L. 111–11, §11001(f)(1)(A), inserted “the Secretary of the Interior or a designee from a land management agency of the Department of the Interior,” after “Administrator of the Environmental Protection Agency or a designee,”, inserted “and” after “Energy or a designee,”, and struck out “, and the Assistant to the President for Science and Technology or a designee” before period at end.

Subsec. (a)(3). Pub. L. 111–11, §11001(f)(1)(B), substituted “In consultation” for “Not later than 1 year after December 9, 1999, in consultation”, “Associate Director for Geology, as Chair” for “Chief Geologist, as Chairman”, and “2 representatives from the private sector” for “one representative from the private sector”.

Subsec. (b)(3), (4). Pub. L. 111–11, §11001(f)(2), added par. (3) and redesignated former par. (3) as (4).

1999—Subsec. (a)(3). Pub. L. 106–148, §5(1), substituted “1 year after December 9, 1999,” for “90 days after August 5, 1997,”.

Subsec. (b)(1). Pub. L. 106–148, §5(2)(A), substituted “update the 5-year plan” for “critique the draft implementation plan”.

Subsec. (b)(3). Pub. L. 106–148, §5(2)(B), substituted “sections 31c through 31f of this title” for “sections 31a to 31h of this title”.

1997—Subsec. (a). Pub. L. 105–36, §3(c)(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “There shall be established a sixteen member geologic mapping advisory committee to advise the Director on planning and implementation of the geologic mapping program. The President shall appoint one representative each from the Environmental Protection Agency, the Department of Energy, the Department of Agriculture, and the Office of Science and Technology Policy. Within 90 days and with the advice and consultation of the State Geological Surveys, the Secretary shall appoint to the advisory committee 2 representatives from the Survey (including the Chief Geologist, as Chairman), 4 representatives from the State geological surveys, 3 representatives from academia, and 3 representatives from the private sector.”

Subsec. (b)(3). Pub. L. 105–36, §3(c)(2), substituted “Federal, State, and university mapping activities” for “Federal and State mapping activities”.

Termination of Advisory Committees

Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided by law, see section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

§31e. Geologic mapping program 5-year plan

(a) In general

The Secretary, acting through the Director, shall, with the advice and review of the advisory committee, prepare a 5-year plan for the geologic mapping program.

(b) Requirements

The 5-year plan shall identify—

(1) overall priorities for the geologic mapping program; and

(2) implementation of the overall management structure and operation of the geologic mapping program, including—

(A) the role of the Survey in the capacity of overall management lead, including the responsibility for developing the national geologic mapping program that meets Federal needs while fostering State needs;

(B) the responsibilities of the State geological surveys, with emphasis on mechanisms that incorporate the needs, missions, capabilities, and requirements of the State geological surveys, into the nationwide geologic mapping program;

(C) mechanisms for identifying short- and long-term priorities for each component of the geologic mapping program, including—

(i) for the Federal component, a priority-setting mechanism that responds to—

(I) Federal mission requirements for geologic map information;

(II) critical scientific problems that require geologic maps for their resolution; and

(III) shared Federal and State needs for geologic maps, in which joint Federal-State geologic mapping projects are in the national interest;


(ii) for the State component, a priority-setting mechanism that responds to—

(I) specific intrastate needs for geologic map information; and

(II) interstate needs shared by adjacent States that have common requirements; and


(iii) for the education component, a priority-setting mechanism that responds to requirements for geologic map information that are dictated by Federal and State mission requirements;


(D) a mechanism for adopting scientific and technical mapping standards for preparing and publishing general- and special-purpose geologic maps to—

(i) ensure uniformity of cartographic and scientific conventions; and

(ii) provide a basis for assessing the comparability and quality of map products; and


(E) a mechanism for monitoring the inventory of published and current mapping investigations nationwide to facilitate planning and information exchange and to avoid redundancy.

(Pub. L. 102–285, §6, as added Pub. L. 106–148, §6, Dec. 9, 1999, 113 Stat. 1722.)

Prior Provisions

A prior section 31e, Pub. L. 102–285, §6, May 18, 1992, 106 Stat. 170; Pub. L. 105–36, §3(d), Aug. 5, 1997, 111 Stat. 1110, provided for the preparation of a geologic mapping program implementation plan, prior to repeal by Pub. L. 106–148, §6, Dec. 9, 1999, 113 Stat. 1722.

§31f. National geologic map database

(a) Establishment

(1) In general

The Survey shall establish a national geologic-map database.

(2) Function

The database shall serve as a national catalog and archive, distributed through links to Federal and State geologic map holdings, that includes—

(A) all maps developed with funding provided by the National Cooperative Geologic Mapping Program, including under the Federal, State, and education components;

(B) the databases developed in connection with investigations under subclauses (III), (IV), and (V) of section 31c(d)(1)(C)(ii) of this title; and

(C) other maps and data that the Survey and the Association consider appropriate.

(b) Standardization

(1) In general

Geologic maps contributed to the national archives shall have format, symbols, and technical attributes that adhere to standards so that archival information can be accessed, exchanged, and compared efficiently and accurately, as required by Executive Order 12906 (59 Fed. Reg. 17,671 (1994)), which established the National Spatial Data Infrastructure.

(2) Development of standards

Entities that contribute geologic maps to the national archives shall develop the standards described in paragraph (1) in cooperation with the Federal Geographic Data Committee, which is charged with standards development and other data coordination activities as described in Office of Management and Budget revised Circular A–16.

(Pub. L. 102–285, §7, May 18, 1992, 106 Stat. 171; Pub. L. 105–36, §3(e), Aug. 5, 1997, 111 Stat. 1110; Pub. L. 106–148, §7, Dec. 9, 1999, 113 Stat. 1723; Pub. L. 111–11, title XI, §11001(g), Mar. 30, 2009, 123 Stat. 1415.)

References in Text

Executive Order 12906, referred to in subsec. (b)(1), is set out as a note under section 1457 of this title.

Amendments

2009—Subsec. (a)(1). Pub. L. 111–11, §11001(g)(1), substituted “geologic-map” for “geologic map”.

Subsec. (a)(2)(A). Pub. L. 111–11, §11001(g)(2), added subpar. (A) and struck out former subpar. (A) which read as follows: “all maps developed under the Federal component and the education component;”.

1999—Pub. L. 106–148 substituted “geologic map database” for “geologic-map data base” in section catchline, added subsec. (a), and struck out heading and text of former subsec. (a). Text read as follows: “The Survey shall establish a national geologic-map data base. Such data base shall be a national archive that includes all maps developed pursuant to sections 31a to 31h of this title, the data bases developed pursuant to the investigations under sections 31c(d)(2)(C), (D), (E), and (F) of this title, and other maps and data as the Survey deems appropriate.”

1997—Subsec. (b). Pub. L. 105–36 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “Geologic maps contributed to the national archives should have standardized format, symbols, and technical attributes so that archival information can be assimilated, manipulated, accessed, exchanged, and compared efficiently and accurately.”

§31g. Biennial report

Not later than 3 years after March 30, 2009, and biennially thereafter, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that—

(1) describes the status of the national geologic mapping program;

(2) describes and evaluates the progress achieved during the preceding 2 years in developing the national geologic map database; and

(3) includes any recommendations that the Secretary may have for legislative or other action to achieve the purposes of sections 31c through 31f of this title.

(Pub. L. 102–285, §8, as added Pub. L. 106–148, §8, Dec. 9, 1999, 113 Stat. 1724; amended Pub. L. 111–11, title XI, §11001(h), Mar. 30, 2009, 123 Stat. 1415.)

Prior Provisions

A prior section 31g, Pub. L. 102–285, §8, May 18, 1992, 106 Stat. 171; Pub. L. 103–437, §16(a)(1), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 105–36, §3(f), Aug. 5, 1997, 111 Stat. 1111; Pub. L. 105–362, title IX, §902(b), Nov. 10, 1998, 112 Stat. 3291, directed the Secretary to submit a biennial report to Congress describing the status of the nationwide geologic mapping program and evaluating the progress achieved during the preceding fiscal year in developing the national geologic-map data base, prior to repeal by Pub. L. 106–148, §8, Dec. 9, 1999, 113 Stat. 1724.

Amendments

2009—Pub. L. 111–11 substituted “Not later than 3 years after March 30, 2009, and biennially” for “Not later 3 years after December 9, 1999, and biennially”.

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.

§31h. Authorization of appropriations

(a) In general

There is authorized to be appropriated to carry out sections 31a to 31h of this title $64,000,000 for each of fiscal years 2009 through 2018.

(b) Allocation of appropriations

Of any amounts appropriated for any fiscal year in excess of the amount appropriated for fiscal year 2005—

(1) 50 percent shall be available for the State component; and

(2) 4 percent shall be available for the education component.

(Pub. L. 102–285, §9, as added Pub. L. 106–148, §9, Dec. 9, 1999, 113 Stat. 1724; amended Pub. L. 111–11, title XI, §11001(i), Mar. 30, 2009, 123 Stat. 1416.)

References in Text

Sections 31a to 31h of this title, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 102–285, known as the National Geologic Mapping Act of 1992, which is classified principally to sections 31a to 31h of this title. For complete classification of this Act to the Code, see Short Title note set out under section 31a of this title and Tables.

Prior Provisions

A prior section 31h, Pub. L. 102–285, §9, May 18, 1992, 106 Stat. 171; Pub. L. 105–36, §3(g), Aug. 5, 1997, 111 Stat. 1111, authorized appropriations for the national cooperative geologic mapping program, prior to repeal by Pub. L. 106–148, §9, Dec. 9, 1999, 113 Stat. 1724.

Amendments

2009—Subsec. (a). Pub. L. 111–11, §11001(i)(1), added subsec. (a) and struck out former subsec. (a) which appropriated funds to carry out sections 31a to 31h of this title for fiscal years 1999 to 2005.

Subsec. (b). Pub. L. 111–11, §11001(i)(2)(A), substituted “2005” for “2000” in introductory provisions.

Subsec. (b)(1). Pub. L. 111–11, §11001(i)(2)(B), substituted “50” for “48”.

Subsec. (b)(2). Pub. L. 111–11, §11001(i)(2)(C), which directed amendment of par. (2) “by striking 2 and inserting ‘4’ ”, was executed by substituting “4” for “2”, to reflect the probable intent of Congress.

§31i. Report on resource research activities

Once every five years the National Academy of Sciences shall review and report on the resource research activities of the Survey.

(Pub. L. 104–134, title I, §101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321–165; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.)

§31j. Biological research activity of Survey; review and report by National Academy of Sciences

Beginning in fiscal year 1998 and once every five years thereafter, the National Academy of Sciences shall review and report on the biological research activity of the Survey.

(Pub. L. 104–208, div. A, title I, §101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009–189.)

§32. Acting Director

The Secretary of the Interior may authorize one of the geologists to act as Director of the United States Geological Survey in the absence of that officer.

(July 31, 1894, ch. 174, §1, 28 Stat. 197; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)

Change of Name

“United States Geological Survey” substituted in text for “Geological Survey” pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title.

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.

§33. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section, act June 16, 1880, ch. 235, 21 Stat. 274, authorized Secretary of War to detail officers of Ordnance Corps to serve with Geological Survey.

§34. Scientific employees

The scientific employees of the United States Geological Survey shall be selected by the Director, subject to the approval of the Secretary of the Interior exclusively for their qualifications as professional experts.

(July 7, 1884, ch. 332, 23 Stat. 212; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)

Change of Name

“United States Geological Survey” substituted in text for “Geological Survey” pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title.

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.

§35. Repealed. Pub. L. 87–304, §9(a)(2), Sept. 26, 1961, 75 Stat. 664

Section, act June 30, 1906, ch. 3914, §1, 34 Stat. 727, authorized scientific and other employees of the United States Geological Survey employed in the field to make assignments of pay, and that they be reimbursed for expenses incurred in the discharge of duty in the field and paid from personal funds. See section 5525 of Title 5, Government Organization and Employees.

§36. Purchase of books

The purchase of professional and scientific books and periodicals needed for statistical purposes by the scientific divisions of the United States Geological Survey is authorized to be made and paid for out of appropriations made for the said Survey.

(June 28, 1902, ch. 1301, §1, 32 Stat. 455.)

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.

§36a. Acquisition of scientific or technical books, maps, etc., for library

The Director of the United States Geological Survey, under the general supervision of the Secretary of the Interior, is authorized to acquire for the United States, by gift or devise, scientific or technical books, manuscripts, maps, and related materials, and to deposit the same in the library of the United States Geological Survey for reference and use as authorized by law.

(May 14, 1940, ch. 190, 54 Stat. 212; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)

Change of Name

“United States Geological Survey” substituted in text for “Geological Survey” pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title.

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.

§36b. Acquisition of lands or interests therein for use in gaging streams or underground water resources

The Secretary of the Interior may, on behalf of the United States and for use by the United States Geological Survey in gaging streams and underground water resources, acquire lands by donation or when funds have been appropriated by Congress by purchase or condemnation, but not in excess of ten acres for any one stream gaging station or observation well site. For the same purpose the Secretary of the Interior may obtain easements, licenses, rights-of-way, and leases limited to run for such a period of time or term of years as may be required for the effective performance of the function of gaging streams and underground water resources: Provided, That nothing in this section shall be construed as affecting or intended to affect or in any way to 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 section, shall proceed in conformity with such laws, and nothing in this section 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.

(Dec. 24, 1942, ch. 822, 56 Stat. 1086; Pub. L. 86–406, Apr. 4, 1960, 74 Stat. 14; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)

Amendments

1960—Pub. L. 86–406 authorized Secretary of the Interior to acquire lands and interests in lands for observation well sites to gage underground water resources.

Change of Name

“United States Geological Survey” substituted in text for “Geological Survey” pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title.

§36c. Acceptance of contributions from public and private sources; cooperation with other agencies in prosecution of projects

In fiscal year 1987 and thereafter the United States Geological Survey is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private.

(Pub. L. 99–500, §101(h) [title I], Oct. 18, 1986, 100 Stat. 1783–242, 1783–252, and Pub. L. 99–591, §101(h) [title I], Oct. 30, 1986, 100 Stat. 3341–242, 3341–252; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)

Codification

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Change of Name

“United States Geological Survey” substituted in text for “Geological Survey” pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title.

§36d. Cooperative agreements

Notwithstanding the provisions of the Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6301–6308), the United States Geological Survey is authorized to continue existing, and on and after November 10, 2003, to enter into new cooperative agreements directed towards a particular cooperator, in support of joint research and data collection activities with Federal, State, and academic partners funded by appropriations herein, including those that provide for space in cooperator facilities.

(Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1254.)

References in Text

The Federal Grant and Cooperative Agreement Act of 1977, referred to in text, is Pub. L. 95–224, Feb. 3, 1978, 92 Stat. 3, which was classified generally to chapter 8 (§501 et seq.) of former Title 41, Public Contracts, and was repealed and reenacted as chapter 63 (§6301 et seq.) of Title 31, Money and Finance, by Pub. L. 97–258, §§1, 5(b), Sept. 13, 1982, 96 Stat. 877, 1068.

Appropriations herein, referred to in text, probably means appropriations under the headings “United States Geological Survey”, “surveys, investigations, and research” and “administrative provisions”, of the annual Department of the Interior and Related Agencies Appropriations Act.

Similar Provisions

Provisions similar to those in this section were contained in the following appropriation act:

Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 228.

§37. Omitted

Codification

Section, act June 12, 1917, ch. 27, 40 Stat. 144, related to purchases or services for the Geological Survey, was omitted as superseded.

§38. Topographic surveys; marking elevations

In making topographic surveys west of the ninety-fifth meridian elevations above a base level located in each area under survey shall be determined and marked on the ground by iron or stone posts or permanent bench marks, at least two such posts or bench marks to be established in each township, or equivalent area, except in the forest-clad and mountain areas, where at least one shall be established, and these shall be placed, whenever practicable, near the township corners of the public-land surveys; and in the areas east of the ninety-fifth meridian at least one such post or bench mark shall be similarly established in each area equivalent to the area of a township of the public land surveys.

(June 11, 1896, ch. 420, 29 Stat. 435.)

§§39, 40. Omitted

Codification

Section 39, act Feb. 27, 1925, ch. 360, §1, 43 Stat. 1011, authorized the President to complete a general utility topographical survey of the territory of the United States within a period of twenty years from Feb. 27, 1925.

Section 40, act Feb. 27, 1925, ch. 360, §2, 43 Stat. 1011, related to cooperative agreements with States to expedite completion of topographical survey.

§41. Publications and reports; preparation and sale

Except as otherwise provided in section 1318 of title 44, the publications of the United States Geological Survey shall consist of geological and economic maps, illustrating the resources and classification of the lands, and reports upon general and economic geology and paleontology. All special memoirs and reports of said survey shall be issued in uniform quarto series if deemed necessary by the director, but otherwise in ordinary octavos. Three thousand copies of each shall be published for scientific exchanges and for sale at the price of publication, and all literary and cartographic materials received in exchange shall be the property of the United States and form a part of the library of the organization; and the money resulting from the sale of such publications shall be covered into the Treasury of the United States, under the direction of the Secretary of the Interior.

(Mar. 3, 1879, ch. 182, 20 Stat. 394; Aug. 7, 1946, ch. 770, §1(10), 60 Stat. 867; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)

Codification

“Section 1318 of title 44” substituted in text for “section 260 of title 44” on authority of Pub. L. 90–620, §2(b), Oct. 22, 1968, 82 Stat. 1238, the first section of which enacted Title 44, Public Printing and Documents.

The words “Except as otherwise provided in section 260 of title 44” were originally inserted in text to avoid conflict with the provisions of such section 260 of title 44, as set out prior to the general revision of title 44 by Pub. L. 90–620, derived from Joint Res. May 16, 1902, No. 22.

Amendments

1946—Act Aug. 7, 1946, repealed all provisions requiring preparation, and transmission by Secretary of the Interior, of an annual report of operations.

Change of Name

“United States Geological Survey” substituted in text for “Geological Survey” pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title.

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.

§42. Distribution of maps and atlases, etc.

The Director of the United States Geological Survey is authorized and directed, on the approval of the Secretary of the Interior, to dispose of the topographic and geologic maps and atlases of the United States, made and published by the United States Geological Survey, at such prices and under such regulations as may from time to time be fixed by him and approved by the Secretary of the Interior; and a number of copies of each map or atlas, not exceeding five hundred, shall be distributed gratuitously among foreign governments and departments of our own Government to literary and scientific associations, and to such educational institutions or libraries as may be designated by the Director of the Survey and approved by the Secretary of the Interior. On and after June 7, 1924, the distribution of geological publications to libraries designated as special depositaries of such publications shall be discontinued.

(Feb. 18, 1897, No. 13, §1, 29 Stat. 701; June 7, 1924, ch. 303, 43 Stat. 592; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)

Codification

The first sentence is from Joint Res. Feb. 18, 1897; the second sentence is from act June 7, 1924.

Joint Res. Feb. 18, 1897 superseded a provision contained in act June 11, 1896, ch. 420, 29 Stat. 436, authorizing the sale of topographical maps with text at cost and ten per centum added.

Change of Name

“United States Geological Survey” substituted in text for “Geological Survey” pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title.

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.

§42a. Use of receipts from sale of maps for map printing and distribution

In fiscal year 1984 and thereafter, all receipts from the sale of maps sold or stored by the United States Geological Survey shall be available for map printing and distribution to supplement funds otherwise available, to remain available until expended.

(Pub. L. 98–146, title I, Nov. 4, 1983, 97 Stat. 926; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)

Change of Name

“United States Geological Survey” substituted in text for “Geological Survey” pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title.

§43. Copies to Senators, Representatives, and Delegates

One copy of each map and atlas shall be sent to each Senator and each Representative and Delegate in Congress, if published within his term; and a second copy shall be placed at the disposal of each such Senator, Representative and Delegate

(Feb. 18, 1897, No. 13, §2, 29 Stat. 701.)

§44. Sale of transfers or copies of data

The Director of the United States Geological Survey shall, if the regular map work of the Survey is in no wise interfered with thereby, furnish to any person, concern, institution, State or foreign government, that shall pay in advance the whole cost thereof with 10 per centum added, transfers or copies of any cartographic or other engraved or lithographic data in the division of engraving and printing of the Survey, and the moneys received by the Director for such transfers or copies shall be deposited in the Treasury.

(June 30, 1906, ch. 3914, 34 Stat. 727; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)

Change of Name

“United States Geological Survey” substituted in text for “Geological Survey” pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title.

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.

§45. Production and sale of copies of photographs and records; disposition of receipts

The Director of the United States Geological Survey on and after March 4, 1909 may produce and sell on a reimbursable basis to interested persons, concerns, and institutions, copies of aerial or other photographs and mosaics that have been obtained in connection with the authorized work of the United States Geological Survey and photographic or photostatic reproductions of records in the official custody of the Director at such prices (not less than the estimated cost of furnishing such copies or reproductions) as the Director, with the approval of the Secretary of the Interior, may determine, the money received from such sales to be deposited in the Treasury to the credit of the appropriation then current and chargeable for the cost of furnishing copies or reproductions as herein authorized.

(Mar. 4, 1909, ch. 299, 35 Stat. 989; July 21, 1947, ch. 273, 61 Stat. 398.)

Amendments

1947—Act July 21, 1947, authorized production and sale of aerial or other photographs and reproductions of records on a reimbursement of appropriations basis.

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.

§46. Omitted

Codification

Section, act Oct. 12, 1949, ch. 680, title I, 63 Stat. 785, related to exchange of old freight carrying vehicles as part payment for new, was from the Interior Department Appropriation Act, 1950, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:

June 29, 1948, ch. 754, 62 Stat. 1133.

July 25, 1947, ch. 337, 61 Stat. 477.

July 1, 1946, ch. 529, 60 Stat. 369.

July 3, 1945, ch. 262, 59 Stat. 343.

June 28, 1944, ch. 298, 58 Stat. 491.

July 12, 1943, ch. 219, 57 Stat. 477.

July 2, 1942, ch. 473, 56 Stat. 537.

June 28, 1941, ch. 259, 55 Stat. 339.

June 18, 1940, ch. 395, 54 Stat. 439.

May 10, 1939, ch. 119, 53 Stat. 719.

May 9, 1938, ch. 187, 52 Stat. 325.

Aug. 9, 1937, ch. 570, 50 Stat. 598.

June 22, 1936, ch. 691, 49 Stat. 1785.

May 9, 1935, ch. 101, 49 Stat. 200.

Mar. 2, 1934, ch. 38, 48 Stat. 382.

Feb. 17, 1933, ch. 98, 47 Stat. 846.

Apr. 22, 1932, ch. 125, 47 Stat. 118.

Feb. 14, 1931, ch. 187, 46 Stat. 1147.

May 14, 1930, ch. 273, 46 Stat. 310.

Mar. 4, 1929, ch. 705, 45 Stat. 1594.

Mar. 7, 1928, ch. 137, 45 Stat. 231.

Jan. 12, 1927, ch. 27, 44 Stat. 961.

May 10, 1926, ch. 277, 44 Stat. 486.

Mar. 3, 1925, ch. 462, 43 Stat. 1172.

June 5, 1924, ch. 264, 43 Stat. 419.

Jan. 24, 1923, ch. 42, 42 Stat. 1208.

May 24, 1922, ch. 199, 42 Stat. 586.

§47. Repealed. Aug. 7, 1946, ch. 770, §1(11), 60 Stat. 867

Section, act May 10, 1926, ch. 277, 44 Stat. 487, required annual statements and reports of expenditures for the benefit of Indians relating to the operation of oil and gas leases, and the mining of other minerals, on Indian lands.

§48. Omitted

Codification

Section, act Jan. 12, 1927, ch. 27, 44 Stat. 963, required amounts received by the Geological Survey from any State, Territory or political subdivision thereof in carrying on work involving cooperation to be used in reimbursing the appropriation from which the expense of such work was paid, was from the act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1928 and for other purposes, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following act: May 10, 1926, ch. 277, 44 Stat. 487.

§49. Extension of cooperative work to Puerto Rico

The provisions of law authorizing the making of topographic and geological surveys and conducting investigations relating to mineral and water resources by the United States Geological Survey in various portions of the United States be, and the same are, extended to authorize such surveys and investigations in Puerto Rico.

(June 17, 1935, ch. 268, 49 Stat. 386.)

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.

§50. Survey's share of cost of topographic mapping or water resources investigations carried on with States

The share of the United States Geological Survey in any topographic mapping or water resources data collection and investigations carried on in cooperation with any State or municipality shall not exceed 50 per centum of the cost thereof.

(Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat. 993.)

Codification

Section text is based on act July 31, 1953, ch. 298, title I, §1, 67 Stat. 269, as continued and modified for the fiscal year covered by the appropriation act cited as the credit to this section.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat. 2913.

Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat. 710.

Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat. 2108.

Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 510.

Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat. 3052.

Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1254.

Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 228.

Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 427.

Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 931.

Pub. L. 106–113, div. B, §1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–145.

Pub. L. 105–277, div. A, §101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–242.

Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1552.

Pub. L. 104–208, div. A, title I, §101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009–190.

Pub. L. 104–134, title I, §101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321–165; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2507.

Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1387.

Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1384.

Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.

Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1924.

Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 710.

Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1790.

Pub. L. 100–202, §101(g) [title I], Dec. 22, 1987, 101 Stat. 1329–213, 1329–224.

Pub. L. 99–500, §101(h) [title I], Oct. 18, 1986, 100 Stat. 1783–242, 1783–252, and Pub. L. 99–591, §101(h) [title I], Oct. 30, 1986, 100 Stat. 3341–242, 3341–252.

Pub. L. 99–190, §101(d) [title I], Dec. 19, 1985, 99 Stat. 1224, 1231.

Pub. L. 98–473, title I, §101(c) [title I], Oct. 12, 1984, 98 Stat. 1837, 1845.

Pub. L. 98–146, title I, Nov. 4, 1983, 97 Stat. 926.

Pub. L. 97–394, title I, Dec. 30, 1982, 96 Stat. 1972.

Pub. L. 97–100, title I, Dec. 23, 1981, 95 Stat. 1397.

Pub. L. 96–514, title I, Dec. 12, 1980, 94 Stat. 2963.

Pub. L. 96–126, title I, Nov. 27, 1979, 93 Stat. 961.

Pub. L. 95–465, title I, Oct. 17, 1978, 92 Stat. 1285.

Pub. L. 95–74, title I, July 26, 1977, 91 Stat. 290.

Pub. L. 94–373, title I, July 31, 1976, 90 Stat. 1048.

Pub. L. 94–165, title I, Dec. 23, 1975, 89 Stat. 983.

Pub. L. 93–404, title I, Aug. 31, 1974, 88 Stat. 808.

Pub. L. 93–120, title I, Oct. 4, 1973, 87 Stat. 434.

Pub. L. 92–369, title I, Aug. 10, 1972, 86 Stat. 513.

Pub. L. 92–76, title I, Aug. 10, 1971, 85 Stat. 234.

Pub. L. 91–361, title I, July 31, 1970, 84 Stat. 674.

Pub. L. 91–98, title I, Oct. 29, 1969, 83 Stat. 152.

Pub. L. 90–425, title I, July 26, 1968, 82 Stat. 431.

Pub. L. 90–28, title I, June 24, 1967, 81 Stat. 64.

Pub. L. 89–435, title I, May 31, 1966, 80 Stat. 175.

Pub. L. 89–52, title I, June 28, 1965, 79 Stat. 181.

Pub. L. 88–356, title I, July 7, 1964, 78 Stat. 280.

Pub. L. 88–79, title I, July 26, 1963, 77 Stat. 103.

Pub. L. 87–578, title I, Aug. 9, 1962, 76 Stat. 341.

Pub. L. 87–122, title I, Aug. 3, 1961, 75 Stat. 252.

Pub. L. 86–455, title I, May 13, 1960, 74 Stat. 108.

Pub. L. 86–60, title I, June 23, 1959, 73 Stat. 96.

Pub. L. 85–439, title I, June 4, 1958, 72 Stat. 159.

Pub. L. 85–77, title I, July 1, 1957, 71 Stat. 261.

June 13, 1956, ch. 380, title I, 70 Stat. 261.

June 16, 1955, ch. 147, title I, 69 Stat. 145.

July 1, 1954, ch. 446, title I, 68 Stat. 368.

July 31, 1953, ch. 298, title I, 67 Stat. 269.

July 9, 1952, ch. 597, title I, 66 Stat. 454.

Aug. 31, 1951, ch. 375, title I, 65 Stat. 259.

Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 690.

§50–1. Funds for mappings and investigations considered intragovernmental funds

Beginning October 1, 1990, and thereafter, funds received from any State, territory, possession, country, international organization, or political subdivision thereof, for topographic, geologic, or water resources mapping or investigations involving cooperation with such an entity shall be considered as intragovernmental funds as defined in the publication titled “A Glossary of Terms Used in the Federal Budget Process”.

(Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1924.)

§50a. Working capital fund for United States Geological Survey

There is hereby established in the Treasury of the United States a working capital fund to assist in the management of certain support activities of the United States Geological Survey (hereafter referred to as the “Survey”), Department of the Interior. The fund shall be available on and after November 5, 1990, without fiscal year limitation for expenses necessary for furnishing materials, supplies, equipment, work, facilities, and services in support of Survey programs, and, as authorized by law, to agencies of the Federal Government and others. Such expenses may include laboratory modernization and equipment replacement, computer operations, maintenance, and telecommunications services; requirements definition, systems analysis, and design services; acquisition or development of software; systems support services such as implementation assistance, training, and maintenance; acquisition and replacement of computer, publications, scientific instrumentation, telecommunications, and related automatic data processing equipment; and, such other activities as may be approved by the Secretary of the Interior.

There are authorized to be transferred to the fund, at fair and reasonable values at the time of transfer, inventories, equipment, receivables, and other assets, less liabilities, related to the functions to be financed by the fund as determined by the Secretary of the Interior: Provided, That the fund shall be credited with appropriations and other funds of the Survey, and other agencies of the Department of the Interior, other Federal agencies, and other sources, for providing materials, supplies, equipment, work, and services as authorized by law and such payments may be made in advance or upon performance: Provided further, That charges to users will be at rates approximately equal to the costs of furnishing the materials, supplies, equipment, facilities, and services, including such items as depreciation of equipment and facilities, and accrued annual leave: Provided further, That all existing balances as of November 5, 1990, from amortization fees resulting from the Survey providing telecommunications services and deposited in a special fund established on the books of the Treasury and available for payment of replacement or expansion of telecommunications services as authorized by Public Law 99–190, are hereby transferred to and merged with the working capital fund, to be used for the same purposes as originally authorized: Provided further, That funds that are not necessary to carry out the activities to be financed by the fund, as determined by the Secretary, shall be covered into miscellaneous receipts of the Treasury.

(Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1924; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2507.)

References in Text

Provisions relating to the special fund authorized by Public Law 99–190, referred to in text, were formerly classified to this section. See Prior Provisions note below.

Prior Provisions

A prior section 50a, Pub. L. 99–190, §101(d) [title I], Dec. 19, 1985, 99 Stat. 1224, 1231, related to deposit of amortization fees from Geological Survey providing telecommunications services.

Amendments

1994—Pub. L. 103–332 in first par., in second sentence after “work,” inserted “facilities,”, in third sentence after “include” inserted “laboratory modernization and equipment replacement,”, after “operations” inserted “, maintenance,”, and after “replacement of computer,” inserted “publications, scientific instrumentation,” and in second par., in second proviso after “depreciation of equipment” inserted “and facilities,”.

Change of Name

“United States Geological Survey” substituted for “Geological Survey” in first paragraph pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title.

§50b. Recording of obligations against accounts receivable and crediting of amounts received; work involving cooperation with State, Territory, etc.

Before, on, and after October 18, 1986, in carrying out work involving cooperation with any State, Territory, possession, or political subdivision thereof, the United States Geological Survey may, notwithstanding any other provision of law, record obligations against accounts receivable from any such entities and shall credit amounts received from such entities to this appropriation.

(Pub. L. 99–500, §101(h) [title I], Oct. 18, 1986, 100 Stat. 1783–242, 1783–252, and Pub. L. 99–591, §101(h) [title I], Oct. 30, 1986, 100 Stat. 3341–242, 3341–252; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)

References in Text

This appropriation, referred to in text, probably means appropriations under the headings “Geological Survey” and “surveys, investigations, and research” of the annual Department of the Interior and Related Agencies Appropriations Act.

Codification

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

In text, “Before, on, and after October 18, 1986” substituted for “heretofore and hereafter”.

Change of Name

“United States Geological Survey” substituted in text for “Geological Survey” pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title.

§50c. Payment of costs incidental to utilization of services of volunteers

Appropriations herein and on and after December 22, 1987, made shall be available for paying costs incidental to the utilization of services contributed by individuals who serve without compensation as volunteers in aid of work of the United States Geological Survey, and that within appropriations herein and on and after December 22, 1987, provided, United States Geological Survey officials may authorize either direct procurement of or reimbursement for expenses incidental to the effective use of volunteers such as, but not limited to, training, transportation, lodging, subsistence, equipment, and supplies: Provided further, That provision for such expenses or services is in accord with volunteer or cooperative agreements made with such individuals, private organizations, educational institutions, or State or local government.

(Pub. L. 100–202, §101(g) [title I], Dec. 22, 1987, 101 Stat. 1329–213, 1329–224; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)

References in Text

Appropriations herein, referred to in text, probably means appropriations under the headings “Geological Survey”, “surveys, investigations, and research” and “administrative provisions”, of the annual Department of the Interior and Related Agencies Appropriations Act.

Change of Name

“United States Geological Survey” substituted in text for “Geological Survey” pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title.

§50d. Services of students or recent graduates

The United States Geological Survey may on and after November 29, 1999, contract directly with individuals or indirectly with institutions or nonprofit organizations, without regard to section 6101 of title 41, for the temporary or intermittent services of students or recent graduates, who shall be considered employees for the purposes of chapters 57 and 81 of title 5, relating to compensation for travel and work injuries, and chapter 171 of title 28, relating to tort claims, but shall not be considered to be Federal employees for any other purposes.

(Pub. L. 106–113, div. B, §1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–146.)

Codification

In text, “section 6101 of title 41” substituted for “41 U.S.C. 5” on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 105–277, div. A, §101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–243.

CHAPTER 3—SURVEYS

Sec.
51.
Omitted.
52.
Surveying duties.
53.
Powers devolved on Secretary of the Interior on turning over of papers to States.
54.
Completion of surveys; delivery to States.
55.
Field notes delivered to States; access to.
56.
Conditions of delivery to States.
57.
Authenticated copies or extracts from records as evidence.
58.
Transcripts from records of Louisiana.
59.
Official papers in office of surveyor general in California; copies.
60.
Stationery for mineral surveys.
61 to 63.
Repealed.

        

§51. Omitted

Codification

Section, act Mar. 3, 1925, ch. 462, 43 Stat. 1144, which abolished office of surveyor general and transferred its functions to Field Surveying Service under Supervisor of Surveys, was superseded by Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100. See note set out under section 1 of this title.

The office of surveyor general abolished in certain States by acts July 31, 1876, ch. 246, 19 Stat. 121, and Oct. 2, 1888, ch. 1069, 25 Stat. 525, and discontinued in others pursuant to R.S. §2218.

So far as they were not already superseded or obsolete by reason of abolition or discontinuance of the office, or otherwise, the following provisions were superseded by former provisions of this section:

R.S. §2207, providing for appointment of surveyors general in States and territories therein named, and acts Apr. 10, 1890, ch. 77, §1, 26 Stat. 53, and July 24, 1897, ch. 14, §2, 30 Stat. 215, providing for surveyors general in North and South Dakota and Alaska;

R.S. §§2208 to 2211; acts Apr. 10, 1890, ch. 77, §2, 26 Stat. 53; July 24, 1897, ch. 14, §3, 30 Stat. 215, concerning salaries of particular surveyors general;

R.S. §§2212 to 2214, concerning number and location, of offices, and place of residence, of surveyors general.

R.S. §§2215 and 2216, concerning bonds of surveyors general;

R.S. §2217, concerning duration of term of office of surveyors general;

R.S. §§2226 and 2227, concerning allowances for clerk hire and office expenses;

Act Mar. 3, 1893, ch. 211, 27 Stat. 709, relative to consolidation of offices of two or more surveyors general; and provisions of act May 24, 1922, ch. 199, 42 Stat. 556, and prior acts concerning detail of clerks from office of one surveyor general to another.

§52. Surveying duties

The Secretary of the Interior or such officer as he may designate shall engage a sufficient number of skillful surveyors as his deputies, to whom he is authorized to administer the necessary oaths upon their appointments. He shall have authority to frame regulations for their direction, not inconsistent with law or the instructions of the Bureau of Land Management, and to remove them for negligence or misconduct in office.

Second. He shall cause to be surveyed, measured, and marked, without delay, all base and meridian lines through such points and perpetuated by such monuments, and such other correction parallels and meridians as may be prescribed by law or by instructions from the Bureau of Land Management, in respect to the public lands to which the Indian title has been or may be extinguished.

Third. He shall cause to be surveyed all private land claims after they have been confirmed by authority of Congress, so far as may be necessary to complete the survey of the public lands.

Fourth. He shall transmit to the officer, as the Secretary of the Interior may designate, of the respective land offices general and particular plats of all lands surveyed by him for each land district; and he shall forward copies of such plats to such officer as the Secretary may designate.

Fifth. He shall, so far as is compatible with the desk duties of his office, occasionally inspect the surveying operations while in progress in the field, sufficiently to satisfy himself of the fidelity of the execution of the work according to contract, and the actual and necessary expenses incurred by him while so engaged shall be allowed; and where it is incompatible with his other duties for the Secretary of the Interior or such officer as he may designate to devote the time necessary to make a personal inspection of the work in progress, then he is authorized to depute a confidential agent to make such examination; and the actual and necessary expenses of such person shall be allowed and paid for that service, and $5 a day during the examination in the field; but such examination shall not be protracted beyond thirty days; and in no case longer than is actually necessary; and when the Secretary or such officer, or any person employed in his office at a regular salary, is engaged in such special service, he shall receive only his necessary expenses in addition to his regular salary.

(R.S. §2223; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

Provisions different from those of the fifth paragraph of this section, for inspection of surveying operations, were made by several Sundry Civil Appropriation Acts, in connection with the appropriations for surveys and resurveys, and limited to the expenditure of the particular appropriation.

R.S. §2223 derived from acts May 18, 1796, ch. 29, §1, 1 Stat. 464; Apr. 29, 1816, ch. 151, §1, 3 Stat. 325; Mar. 3, 1831, ch. 116, §1, 4 Stat. 492; Mar. 3, 1853, ch. 145, §§3, 10, 10 Stat. 245, 247; Apr. 24, 1874, ch. 127, 18 Stat. 34; Aug. 9, 1876, ch. 256, 19 Stat. 126.

Transfer of Functions

References to Supervisor of Surveys and Commissioner of General Land Office changed to Secretary of the Interior or such officer as he may designate, reference to manager changed to officer designated by Secretary of the Interior, and “Bureau of Land Management” substituted for “General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

Previously, references to surveyors general were changed to supervisor of surveys and provisions limiting application of section to points “within his surveying district” were omitted on authority of act Mar. 3, 1925, which abolished office of surveyor general and transferred its activities to Field Surveying Service under jurisdiction of United States Supervisor of Surveys.

§53. Powers devolved on Secretary of the Interior on turning over of papers to States

In all cases where, as provided in section 54 of this title, the field notes, maps, records, and other papers appertaining to land titles in any State are turned over to the authorities of such State, the same authority, powers, and duties in relation to the survey, resurvey, or subdivision of the lands therein, and all matters and things connected therewith, as previously exercised by the surveyor general, whose district included such State, shall be vested in, and devolved upon, the Secretary of the Interior or such officer as he may designate.

(R.S. §2219; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

R.S. §2219 derived from act Jan. 22, 1853, ch. 24, §1, 10 Stat. 152.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Secretary of the Interior or such officer as he may designate” substituted for “Commissioner of the General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

Surveyor General

Abolition of office of surveyor general, see note set out under section 51 of this title.

§54. Completion of surveys; delivery to States

The Secretary of the Interior shall take all the necessary measures for the completion of the surveys in the several surveying districts, at the earliest periods compatible with the purposes contemplated by law; and whenever the surveys and records of any such district are completed, the Secretary of the Interior or such officer as he may designate shall deliver over to the secretary of state of the respective States, including such surveys, or to such other officer as may be authorized to receive them, all the field notes, maps, records, and other papers appertaining to land titles within the same.

(R.S. §2218; June 5, 1924, ch. 264, 43 Stat. 394; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

The original text of R.S. §2218 provided for completion of surveys “in the several surveying-districts for which surveyors general have been, or may be, appointed” and also provided that “the surveyor general thereof shall be required to deliver over” all papers appertaining to land titles within the district, “and the office of surveyor general in every such district shall thereafter cease and be discontinued.” The references to the surveyors general were omitted in view of act Mar. 3, 1925 (classified to section 51 of this title) abolishing office of surveyor general and transferring its activities to the Field Surveying Service, under the jurisdiction of the U.S. Supervisor of Surveys. See, also, Transfer of Functions note below.

R.S. §2207, formerly cited as a credit to this section, which provided for appointment of surveyors general, was superseded by act Mar. 3, 1925 (classified to section 51 of this title) and repealed by act Mar. 3, 1933, ch. 202, §1, 47 Stat. 1429.

Act June 5, 1924, appropriated funds for use in making the surveys in twelve districts.

Act May 25, 1906, ch. 2554, 34 Stat. 199, provided for a survey, pursuant to R.S. §2218, of unsurveyed lands in Louisiana, and was omitted.

Provisions of act Oct. 2, 1888, ch. 1069, 25 Stat. 525, which provided for transfer to State officials of field notes, maps, records and other papers appertaining to land surveys in Nebraska and Iowa, were omitted.

All records, etc., belonging to office of recorder of land titles for Missouri were delivered to State upon discontinuance of office, by provisions of act June 6, 1874, ch. 223, §3, and act July 31, 1876, ch. 246.

R.S. §2218 derived from acts June 12, 1840, ch. 36, §1, 5 Stat. 384; July 31, 1876, ch. 246, 19 Stat. 121.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Secretary of the Interior or such officer as he may designate” substituted for “Supervisor of Surveys” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§55. Field notes delivered to States; access to

Under the authority and direction of the Secretary of the Interior or such officer as he may designate, any deputy surveyor or other agent of the United States shall have free access to any field notes, maps, records, and other papers, mentioned in section 53 of this title, for the purpose of taking extracts therefrom, or making copies thereof, without charge of any kind.

(R.S. §2220; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

The word “such” before “field notes” was omitted and the words “mentioned in section 53 of this title” were inserted after “papers,”.

R.S. §2220 derived from act Jan. 22, 1853, ch. 24, §2, 10 Stat. 152.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Secretary of the Interior or such officer as he may designate” substituted for “Commissioner of the General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§56. Conditions of delivery to States

The field notes, maps, records, and other papers mentioned in section 53 of this title, shall in no case be turned over to the authorities of any State, until such State has provided by law for the reception and safe-keeping of the same as public records, and for the allowance of free access to the same by the authorities of the United States.

(R.S. §2221.)

Codification

R.S. §2221 derived from acts Jan. 22, 1853, ch. 24, §3, 10 Stat. 152; June 6, 1874, ch. 223, §3, 18 Stat. 62.

§57. Authenticated copies or extracts from records as evidence

Any copy of or extract from the plats, field notes, records, or other papers of the offices of the former surveyors general for the districts of Oregon and California, when authenticated by the seal and signature of the Secretary of the Interior or such officer as he may designate, shall be evidence in all cases in which the original would be evidence.

(R.S. §2224; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

This section is from a part of R.S. §2224, as affected by act Mar. 3, 1925. The original text provided for the continuation of the use of the official seals authorized for the offices of the surveyors general of Oregon, California, and Louisiana. This provision was superseded by act Mar. 3, 1925 (classified to section 51 of this title), abolishing the office of surveyor-general. The rest of the section became inapplicable to Louisiana upon the discontinuance of the office of surveyor general of Louisiana pursuant to R.S. §2218. The text of this section was changed to provide for authentication by the supervisor of surveys, instead of a surveyor-general, in view of act Mar. 3, 1925 (classified to section 51 of this title) abolishing the office of surveyor general and transferring its activities to the Field Surveying Service, under the jurisdiction of the U.S. Supervisor of Surveys. See, also, Transfer of Functions note below.

R.S. §2224 derived from act Mar. 3, 1853, ch. 145, §§2, 11, 10 Stat. 245, 248.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Secretary of the Interior or such officer as he may designate” substituted for “Supervisor of Surveys” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§58. Transcripts from records of Louisiana

Any copy of a plat of survey, or transcript from the records of the office of the former surveyor general of Louisiana, duly certified, shall be admitted as evidence in all the courts of the United States and the Territories thereof.

(R.S. §2225.)

Codification

The word “former” was inserted in text before “surveyor general” because of the discontinuance of the office of surveyor general in Louisiana.

R.S. §2225 derived from act Mar. 3, 1831, ch. 116, §5, 4 Stat. 493.

§59. Official papers in office of surveyor general in California; copies

All official books, papers, instruments of writing, documents, archives, official seals, stamps, or dies, which have been authorized by law to be collected and deposited in the surveyor general's office in California, shall be safely and securely kept by the Secretary of the Interior, or such officer as he may designate, in the archives of his office until disposed of as provided by law; and copies thereof, authenticated by the Secretary or such officer under his seal of office, shall be evidence in all cases where the originals would be evidence.

(R.S. §2229; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Oct. 25, 1951, ch. 562, §3(3), 65 Stat. 639.)

Codification

R.S. §2229 derived from act May 18, 1858, ch. 39, §1, 11 Stat. 289.

Amendments

1951—Act Oct. 25, 1951, inserted “until disposed of as provided by law”.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Secretary of the Interior or such officer as he may designate” substituted for “Supervisor of Surveys” on authority on section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

Previously, “Supervisor of Surveys” was substituted for “surveyor general” by act Mar. 3, 1925.

§60. Stationery for mineral surveys

The stationery and drafting instruments purchased on and after March 3, 1901, for exclusive use of the Secretary of the Interior or such officers as he may designate in the preparation of plats and field notes of mineral surveys, as also the rent of additional quarters that may be necessary for the execution of such work, shall be paid for out of the fund created by deposits made by individuals to the credit of the United States to cover the cost of office work on such mineral surveys.

(Mar. 3, 1901, ch. 830, §1, 31 Stat. 1003; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Secretary of the Interior or such officer as he may designate” substituted for “Field Surveying Service” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

Previously, “Field Surveying Service” substituted for “surveyors-general” on authority of act Mar. 3, 1925, which abolished office of surveyor general and transferred its activities to Field Surveying Service.

§§61 to 63. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

Section 61, R.S. §2230; act Mar. 3, 1925, ch. 462, 43 Stat. 1144, related to bonds for deputy surveyors.

Section 62, R.S. §2231, act Mar. 3, 1925, ch. 462, 43 Stat. 1144, related to oath of deputy surveyors.

Section 63, R.S. §2232; act Mar. 3, 1925, ch. 462, 43 Stat. 1144, related to suits on bond of deputy surveyors.

CHAPTER 4—DISTRICT LAND OFFICES

Sec.
70 to 74.
Repealed or Omitted.
75.
Administration of oaths.
75a to 79b. Repealed.
79c.
Payment of fees, commissions, etc.; deposit in Treasury.
79d.
Alaska land claimant liable for fees, commissions or purchase money; deposit in Treasury.
80 to 82.
Repealed.
83.
Transcripts of records as evidence.
84, 85.
Repealed or Omitted.
86.
Accounting for fees for notices of cancellation of entries.
87, 88.
Repealed.
89.
Monthly returns of district land offices.
90.
Omitted.
91.
Deposit in Treasury of unearned fees and unofficial moneys.
92.
Lists furnished with deposits.
93.
Deposit of moneys deposited by unknown parties.
94.
Reimbursement of sums disbursed as special disbursing agents.
95 to 98a.
Repealed.
99.
Repayment of moneys deposited and covered into Treasury.
100.
Disqualification.
101.
Report of disqualification; designation of officer to act.
102.
Attendance of witnesses.
103.
Witnesses’ fees.
104.
Disobedience to subpoena.
105.
Depositions of witnesses residing outside county.
106.
Continuing taking of depositions in behalf of opposite party.
107.
Penalty for false information.

        

§§70 to 73. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 638, 645, 646

Section 70, act Oct. 28, 1921, ch. 114, §1, 42 Stat. 208, consolidated offices of register and receiver.

Section 71, act Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided for consolidation of offices of register and receiver, effective July 1, 1925.

Section 72, R.S. §2334; acts Jan. 27, 1898, ch. 10, 30 Stat. 234; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, 11 F.R. 7876, 60 Stat. 1100, related to duties of Secretary of the Interior concerning sale of public lands.

Section 73, act Oct. 28, 1921, ch. 114, §2, 42 Stat. 208, related to designation of chief clerk to act in case of death, resignation, removal, or disability of register.

Prior Provisions

Provisions similar to section 71 of this title were contained in the following prior appropriation acts:

Jan. 24, 1923, ch. 42, 42 Stat. 1179.

June 30, 1922, ch. 255, §1, 42 Stat. 766.

May 24, 1922, ch. 199, 42 Stat. 557.

Mar. 24, 1921, ch. 161, 41 Stat. 1397.

June 5, 1920, ch. 235, 41 Stat. 907.

July 19, 1919, ch. 24, 41 Stat. 194.

Act May 24, 1922, ch. 199, 42 Stat. 557, abolished land office at Springfield and offices of register and receiver thereat.

Act May 2, 1914, ch. 74, §§1, 2, 38 Stat. 371, 372, abolished office of receiver of public moneys at Springfield, Mo., transferred his duties and custody of books, records, etc., to register, and contained other provisions concerning register's duties.

Act. Mar. 2, 1895, ch. 177, §3, 28 Stat. 807, required duplication of reports and returns of registers and receivers to be prevented by regulations.

Act. Oct. 1, 1890, ch. 1269, §2, 26 Stat. 657, concerned taking of final proofs by remaining officer in case of a vacancy in office of register or receiver.

§74. Omitted

Codification

Section, R.S. §2228, acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, which authorized President to transfer duties of register in any district to Supervisor of Surveys, was omitted pursuant to Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100. See note set out under section 1 of this title.

§75. Administration of oaths

The officer designated by the Secretary of the Interior is authorized, and it shall be his duty, to administer any oath required by law or the instructions of the Bureau of Land Management, in connection with the entry or purchase of any tract of the public lands; but he shall not charge or receive, directly or indirectly, any compensation for administering such oath.

(R.S. §2246; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

The words “or receiver” which followed “register” in the original text were omitted, in view of act Mar. 3, 1925 (classified to section 71 of this title), providing for the consolidation of the offices of register and receiver. See, also, Transfer of Functions note below.

R.S. §2246 derived from act June 12, 1840, ch. 35, 5 Stat. 384.

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.

Reference to “register” changed to “officer designated by the Secretary of the Interior” and “Bureau of Land Management” substituted for “General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§§75a to 79b. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 645, 646, 652

Section 75a, act May 17, 1926, ch. 303, 44 Stat. 558, authorized administration of oaths by an employee of Department of the Interior designated to act as register.

Section 76, R.S. §2244; acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to term of office of registers.

Section 77, R.S. §2222; acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided for continuation of duties and bond of register after expiration of his commission.

Section 78, R.S. §2235; acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, required register to reside at place where land office was located.

Section 79, R.S. §2236; acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, required registers to give bond in the penal sum of $10,000.

Section 79a, act Apr. 24, 1944, ch. 177, §1, 58 Stat. 215, related to bond for registers.

Section 79b, act Apr. 24, 1944, ch. 177, §2, 58 Stat. 215, related to compensation for registers.

§79c. Payment of fees, commissions, etc.; deposit in Treasury

No provision of this Act shall relieve any public land applicant or claimant from the necessity of making payment of fees, commissions, or other moneys required by law or regulation. Commencing sixty days after April 24, 1944, the officials of district land offices shall not receive any compensation based on fees, commissions, or other receipts and all amounts collected by them shall be covered into the Treasury of the United States.

(Apr. 24, 1944, ch. 177, §3, 58 Stat. 215; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

References in Text

This Act, referred to in text, is act Apr. 24, 1944, ch. 177, 58 Stat. 215, as amended, which enacted sections 79a to 79c of this title, repealed sections 80 and 80a of this title, and enacted provisions set out as notes under this section. For complete classification of this Act to the Code, see Tables.

Repeals

Section 4 of act Apr. 24, 1944, provided: “Sections 2237 and 2240 of the Revised Statutes and the act of May 21, 1928 (45 Stat. 684; 43 U.S.C., sec. 80), as amended [sections 80 and 80a of this title], are hereby repealed, and all other provisions of law inconsistent with this Act [See References in Text note above] are repealed to the extent of such inconsistency.”

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.

Words “officials of district land offices” substituted for “registers” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

Extension to Alaska

Section 5 of act Apr. 24, 1944, provided that the provisions of this Act [see References in Text note above] not extend to the territory of Alaska.

§79d. Alaska land claimant liable for fees, commissions or purchase money; deposit in Treasury

No provision of this Act shall relieve any public land claimant from the necessity of making payment of fees, commissions, or purchase money required by law or regulation in connection with an application, selection, location, or lease of public lands in Alaska, and all such payments, when made, shall be covered into the Treasury of the United States.

(Oct. 9, 1942, ch. 584, §5, 56 Stat. 779.)

References in Text

This Act, referred to in text, is act Oct. 9, 1942, ch. 584, 56 Stat. 778, which enacted sections 79d and 123a of this title and sections 366 and 367 of Title 48, Territories and Insular Possessions, amended sections 80 and 751b of this title, repealed sections 366 and 367 of Title 48, and enacted provisions formerly set out as notes under section 366 of Title 48. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 367a of Title 48, Territories and Insular Possessions.

§§80, 80a. Repealed. Apr. 24, 1944, ch. 177, §4, 58 Stat. 215

Section 80, R.S. §§2237, 2240; acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; May 21, 1928, ch. 661, 45 Stat. 684; Aug. 22, 1935, ch. 602, 49 Stat. 680; Oct. 9, 1942, ch. 584, §7, 56 Stat. 779, provided that from and after Sept. 1, 1935, registers should be paid $2,000 per annum together with fees and commissions limited to $3,600 per annum. See section 79c of this title.

Section 80a, R.S. §§2237, 2240, provided that receivers should be paid $500 per annum together with fees and commissions limited to $3,000 per annum. See section 79c of this title.

§81. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 645, 646

Section, R.S. §2243; acts Oct. 28, 1921, ch. 115, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to commencement of compensation of registers.

§82. Repealed. Pub. L. 86–649, title II, §202(b), July 14, 1960, 74 Stat. 507

Section, R.S. §2238; acts May 14, 1880, ch. 89, §2, 21 Stat. 141; Dec. 17, 1880, ch. 2, 21 Stat. 311; July 26, 1892, ch. 251, 27 Stat. 270; Mar. 22, 1904, ch. 748, 33 Stat. 144; May 29, 1908, ch. 220, §14, 35 Stat. 468; Jan. 24, 1923, ch. 42, 42 Stat. 1179; June 5, 1924, ch. 264, 43 Stat. 395; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to fees and commissions required to be collected by district land offices. See section 1734 of this title.

§83. Transcripts of records as evidence

Transcripts of the records in the district land offices, when made and duly certified to by the Secretary of the Interior or such officers as he may designate for individuals, shall be admitted as evidence in all courts of the United States and the Territories thereof, and before all officials authorized to receive evidence, with the same force and effect as the original records.

(Mar. 22, 1904, ch. 748, 33 Stat. 144; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

The words “and receivers” which followed “registers” in the original text were omitted as superseded by acts Oct. 28, 1921, and Mar. 3, 1925, providing for consolidation of the two offices. See, also, Transfer of Functions note below.

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.

Words “district land offices” substituted for “offices of registers” and “the Secretary of the Interior or such officers as he may designate” substituted for “them” on authority of section 403 of 1946 Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§84. Repealed. Pub. L. 86–649, title II, §202(b), July 14, 1960, 74 Stat. 507

Section, R.S. §2239; acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to fees for consolidated land offices. See section 1734 of this title.

§85. Omitted

Codification

Section, acts Mar. 3, 1887, ch. 362, 24 Stat. 526; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; May 21, 1928, ch. 661, 45 Stat. 684, which required all fees collected by registers which would increase their salaries beyond a certain amount to be covered into the Treasury, except for certain clerical fees, was superseded by sections 79c and 79d of this title, which require all fees to be covered into the Treasury.

§86. Accounting for fees for notices of cancellation of entries

On and after March 4, 1911, all money or fees received or collected by the Secretary of the Interior or such officers as he may designate of United States land offices for issuing notices of cancellation of entries shall be reported and accounted for by the Secretary or such officers in the same manner as other fees or moneys received or collected.

(Mar. 4, 1911, ch. 261, §§1, 2, 36 Stat. 1352; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

References to “registers of United States land offices” and “such registers” changed to “Secretary of the Interior or such officers as he may designate” and “the Secretary or such officers”, respectively, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§§87, 88. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 634, 645, 646

Section 87, acts Mar. 3, 1883, ch. 101, §2, 22 Stat. 484; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, 11 F.R. 7876, 60 Stat. 1100, related to plats of townships and lists of lands sold.

Section 88, R.S. §2242; acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to receipt of illegal fees by registers.

§89. Monthly returns of district land offices

The Secretary of the Interior or such officer as he may designate shall make to the Secretary of the Treasury monthly returns of the moneys received in district land offices, and pay over such money pursuant to his instructions.

(R.S. §2245; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

The office of receiver consolidated with that of register by act Mar. 3, 1925, under a register only, the office of receiver being abolished. See, also, Transfer of Functions note below.

R.S. §2245 derived from act July 4, 1836, ch. 352, §9, 5 Stat. 111.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Secretary of the Interior or such officer as he may designate” substituted for “registers”, “district land offices” substituted for “their several offices”, and former last sentence relating to returns to Commissioner of the General Land Office omitted on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§90. Omitted

Codification

Section, act July 1, 1946, ch. 529, 60 Stat. 352, which required authorization of Commissioner of the General Land Office for expenses chargeable to the Government incurred by registers, was omitted pursuant to Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out as a note under section 1 of this title, which abolished the offices of registers and Commissioner of the General Land Office. Section was not repeated in the Interior Department Appropriation Act, 1948, act July 25, 1947, ch. 337, 61 Stat. 460. Similar provisions were contained in the following prior appropriation acts:

July 3, 1945, ch. 262, 59 Stat. 323.

June 28, 1944, ch. 298, 58 Stat. 468.

July 12, 1943, ch. 219, 57 Stat. 455.

July 2, 1942, ch. 473, 56 Stat. 511.

June 28, 1941, ch. 259, 55 Stat. 310.

June 18, 1940, ch. 395, 54 Stat. 412.

May 10, 1939, ch. 119, 53 Stat. 692.

May 9, 1938, ch. 187, 52 Stat. 297.

Aug. 9, 1937, ch. 570, 50 Stat. 569.

June 22, 1936, ch. 691, 49 Stat. 1762.

May 9, 1935, ch. 101, 49 Stat. 180.

Mar. 2, 1934, ch. 38, 48 Stat. 366.

Feb. 17, 1933, ch. 98, 47 Stat. 823.

Apr. 22, 1932, ch. 125, 47 Stat. 93.

Feb. 14, 1931, ch. 187, 46 Stat. 1117.

May 14, 1930, ch. 273, 46 Stat. 283.

Mar. 4, 1929, ch. 705, 45 Stat. 1565.

Mar. 7, 1938, ch. 137, 45 Stat. 203.

Jan. 12, 1927, ch. 27, 44 Stat. 938.

May 10, 1926, ch. 277, 44 Stat. 457.

June 5, 1924, ch. 264, 43 Stat. 395.

Jan. 24, 1923, ch. 42, 42 Stat. 1179.

May 24, 1922, ch. 199, 42 Stat. 557.

June 12, 1917, ch. 27, 40 Stat. 142.

Mar. 3, 1915, ch. 75, 38 Stat. 855.

§91. Deposit in Treasury of unearned fees and unofficial moneys

Officers of district land officers, as designated by the Secretary of the Interior are authorized, under the direction of the Secretary of the Interior or such officer as he may designate, to deposit to the credit of the Treasurer of the United States all unearned fees and unofficial moneys that have been carried upon the books of their respective offices for a period of five years or more, which sums shall be covered into the Treasury by warrant and carried to the credit of the parties from whom such fees or moneys were received, and into an appropriation account to be denominated “Outstanding liabilities.”

(Mar. 2, 1907, ch. 2562, §1, 34 Stat. 1245; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

This section, as originally enacted, related to receivers of public moneys for land districts. The office of receiver was consolidated with that of register by acts Mar. 3, 1925, and Oct. 28, 1921, under which the office of receiver was abolished. See, also, Transfer of Functions note below.

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.

“Officers of district land offices, as designated by the Secretary of the Interior,” substituted for “registers” and “Secretary of the Interior or such officer as he may designate” substituted for “Commissioner of the General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

Appropriations

Effective July 1, 1935, the appropriation provided for in this section was repealed and provision was made for annual appropriations of sums necessary to meet expenditures by act June 26, 1934, ch. 756, §17, 48 Stat. 1230, which was repealed by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1074. See section 1322 of Title 31, Money and Finance.

§92. Lists furnished with deposits

At the time of making such deposit the officer designated by the Secretary of the Interior shall furnish a list showing the date when the money was paid to him or to his predecessor; the names and residences of the parties; the purposes of the payments and the amounts thereof, which list shall bear the certificate of the officer that the same is correct; that the amounts are due and payable; that diligence has been exercised to return the same, and that the sums specified have remained unclaimed for a period of five years or more.

(Mar. 2, 1907, ch. 2562, §2, 34 Stat. 1245; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

This section, as originally enacted, related to receivers of public moneys for land districts. The office of receiver was consolidated with that of register by acts Mar. 3, 1925, and Oct. 28, 1921, under which the office of receiver was abolished. See, also, Transfer of Functions note below.

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.

Words “officer designated by the Secretary of the Interior” and “officer” substituted for “register” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§93. Deposit of moneys deposited by unknown parties

Amounts that appear in the accounts of a district land office as “Moneys deposited by unknown parties” shall also be deposited to the credit of the Treasurer of the United States, accompanied by a list showing the amount and, if possible, the date of the receipt of each item; which list shall bear the certificate of the officer designated by the Secretary of the Interior that, after careful investigation, the ownership of said moneys could not be determined, and that they have been reported in the unearned fees and unofficial moneys accounts for five years or more.

(Mar. 2, 1907, ch. 2562, §3, 34 Stat. 1245; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

This section, as originally enacted, related to receivers of public moneys for land districts. The office of receiver was consolidated with that of register by acts Mar. 3, 1925, and Oct. 28, 1921, under which the office of receiver was abolished. See, also, Transfer of Functions note below.

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.

Words “the accounts of a district land office” substituted for “a register's accounts” and “officer designated by the Secretary of the Interior” substituted for “register” on authority of section 403 of 1946 Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§94. Reimbursement of sums disbursed as special disbursing agents

The Secretary of the Treasury is authorized and directed to pay, out of any unexpended balances of appropriations for contingent expenses of land offices, for the expenses of hearings in land entries and the expenses of depositing public moneys, such sums as have been or may be disbursed by officers designated by the Secretary of the Interior acting as special disbursing agents at United States land offices, before the receipt of Government funds: Provided, That no payment shall be made under this section in excess of the amount appropriated by the Congress for the particular purpose in each instance and for the fiscal year in which such disbursements were made: Provided, That all such disbursements shall have been or shall be made in pursuance of law in carrying out departmental regulations or to meet authorizations by the Secretary of the Interior or such officer as he may designate: Provided further, That the accounts containing such items shall have been duly approved by the Secretary of the Interior or such officer as he may designate.

(Mar. 2, 1907, ch. 2563, 34 Stat. 1245; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

This section, as originally enacted, referred to receivers of public moneys. The office of receiver was consolidated with that of register by acts Mar. 3, 1925, and Oct. 28, 1921, under which the office of receiver was abolished. See, also, Transfer of Functions note below.

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.

“Officers designated by the Secretary of the Interior” substituted for “registers” and “Secretary of the Interior or such officer as he may designate” substituted for “Commissioner of the General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§§95 to 98a. Repealed. Pub. L. 86–649, title II, §204(b), July 14, 1960, 74 Stat. 507

Section 95, acts Mar. 26, 1908, ch. 102, §1, 35 Stat. 48; Dec. 11, 1919, ch. 5, 41 Stat. 366, related to repayment of purchase moneys paid under applications rejected.

Section 96, acts Mar. 26, 1908, ch. 102, §2, 35 Stat. 48; Dec. 11, 1919, ch. 5, 41 Stat. 366, related to repayment of excess payments.

Section 97, acts Mar. 26, 1908, ch. 102, §3, 35 Stat. 48; Dec. 11, 1919, ch. 5, 41 Stat. 366; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to certification of amount of excess moneys and repayment.

Section 98, act Mar. 26, 1908, ch. 102, §4, as added Dec. 11, 1919, ch. 5, 41 Stat. 367, related to rules and regulations.

Section 98a, act June 27, 1930, ch. 642, 46 Stat. 822, made sections 95 to 98 of this title applicable to all payments in excess of lawful requirements made under statutes relating to disposition of public lands.

§99. Repayment of moneys deposited and covered into Treasury

Any person or persons who shall have made payment to an officer designated by the Secretary of the Interior or to his predecessor, and the money shall have been covered into the Treasury pursuant to section 91 or 93 of this title, shall, on presenting satisfactory evidence of such payment to the Government Accountability Office, be entitled to have the same returned by the settlement of an account and the issuing of a warrant in his favor according to the practice in other cases of authorized and liquidated claims against the United States: Provided, That when such moneys shall remain unclaimed in the Treasury for more than five years the right to recover the same shall be barred: Provided, That no homestead entryman shall be required to make payment of the purchase money on any application to make a cash entry until the same shall have been approved by the officer designated by the Secretary of the Interior, but such payment shall be made within ten days after notice of such approval.

(Mar. 2, 1907, ch. 2562, §4, 34 Stat. 1245; June 10, 1921, ch. 18, title III, §304, 42 Stat. 24; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

Codification

This section, as originally enacted, related to receivers of public moneys for land districts. The office of receiver was consolidated with that of register by acts Mar. 3, 1925, and Oct. 28, 1921, under which the office of receiver was abolished. See, also, Transfer of Functions note below.

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.

Words “officer designated by the Secretary of the Interior” substituted for “register” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

“Government Accountability Office” substituted in text for “General Accounting Office” pursuant to section 8(b) of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance, which redesignated the General Accounting Office and any references thereto as the Government Accountability Office. Previously, “General Accounting Office” substituted in text for “proper officer of the Treasury Department” pursuant to act June 10, 1921, which transferred all powers and duties of the Comptroller, six auditors, and certain other employees of the Treasury to the General Accounting Office. See section 701 et seq. of Title 31.

§100. Disqualification

No officer shall receive evidence in, hear, or determine any cause pending in any district land office in which cause he is interested directly or indirectly, or has been of counsel, or where he is related to any of the parties in interest by consanguinity or affinity within the fourth degree, computing by the rules adopted by the common law.

(Jan. 11, 1894, ch. 10, §1, 28 Stat. 26; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

This section, as originally enacted, was applicable to both registers and receivers. The office of receiver was abolished by acts Oct. 28, 1921, and Mar. 3, 1925, which consolidated the two offices. See, also, Transfer of Functions note below.

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.

Word “officer” substituted for “register” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§101. Report of disqualification; designation of officer to act

It shall be the duty of every officer so disqualified to report the fact of his disqualification to the Secretary of the Interior or such officer as he may designate as soon as he shall ascertain it, and before the hearing of such cause, who thereupon, with the approval of the Secretary of the Interior, shall designate some other officer or special agent of the Land Department to act in the place of the disqualified officer, and the same authority is conferred on the officer so designated which such officer would otherwise have possessed to act in such case.

(Jan. 11, 1894, ch. 10, §2, 28 Stat. 26; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

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.

Word “officer” substituted for “register” and “Secretary of the Interior or such officer as he may designate” substituted for “Commissioner of the General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

Act Mar. 3, 1925, abolished office of surveyor general and transferred administration of all activities in charge of surveyors general to Field Surveying Service under jurisdiction of United States Supervisor of Surveys.

§102. Attendance of witnesses

Officers of district land offices designated by the Secretary of the Interior in all matters requiring a hearing before them are authorized and empowered to issue subpoenas directing the attendance of witnesses, which subpoenas may be served by any person by delivering a true copy thereof to such witness, and when served, witnesses shall be required to attend in obedience thereto: Provided, That if any subpoena be served under the provisions of this section by any person other than an officer authorized by the laws of the United States, or of the State or Territory in which the depositions are taken, the service thereof shall be proved by the affidavit of the person serving the same: Provided further, That said subpoenas shall be served within the county in which attendance is required, and at least five days before attendance is required.

(Jan. 31, 1903, ch. 344, §1, 32 Stat. 790; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

The original text of this section referred to both registers and receivers, but reference to the latter was omitted in view of the abolition of such office under acts Oct. 28, 1921, and Mar. 3, 1925, which provided for the consolidation of the two offices under a register only. See, also, Transfer of Functions note below.

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.

“Officers of district land offices designated by the Secretary of the Interior” substituted for “Registers of the land office, or either of them,” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§103. Witnesses’ fees

Witnesses shall have the right to receive their fee for one day's attendance and mileage in advance. The fees and mileage of witnesses shall be the same as that provided by law in the district courts of the United States in the district in which such land offices are situated; and the witness shall be entitled to receive his fee for attendance in advance from day to day during the hearing.

(Jan. 31, 1903, ch. 344, §2, 32 Stat. 790.)

§104. Disobedience to subpoena

Any person willfully neglecting or refusing obedience to such subpoena, or neglecting or refusing to appear and testify when subpoenaed, his fees having been paid if demanded, shall be deemed guilty of a misdemeanor, for which he shall be punished by indictment in the district court of the United States or in the district courts of the Territories exercising the jurisdiction of district courts of the United States. The punishment for such offense, upon conviction, shall be a fine of not more than $200, or imprisonment not to exceed ninety days, or both, at the discretion of the court: Provided, That if such witness has been prevented from obeying such subpoena without fault upon his part he shall not be punished under the provisions of this section.

(Jan. 31, 1903, ch. 344, §3, 32 Stat. 790; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167.)

Codification

Act Mar. 3, 1911, conferred the powers and duties of the former circuit courts upon the district courts.

§105. Depositions of witnesses residing outside county

Whenever the witness resides outside the county in which the hearing occurs any party to the proceeding may take the testimony of such witness in the county of such witness's residence in the form of depositions by giving ten days’ written notice of the time and place of taking such depositions to the opposite party or parties. The depositions may be taken before any United States magistrate judge, notary public, judge, or clerk of a court of record. Subpoenas for witnesses before the officer taking depositions may issue from the office of the officer designated by the Secretary of the Interior or may be issued by the officer taking the depositions, and disobedience thereof, as defined in section 104 of this title, shall also be punished; and the witness shall receive the same fees and mileage and be subject to the same penalties in all respects as in case of violation of a subpoena to appear before the officer designated by the Secretary of the Interior and subject to the same limitations. The fees of the officer taking the depositions shall be the same as those allowed in the State or Territorial courts, and shall be paid by the party taking the deposition, and an itemized account of the fees shall be made by the officer taking the depositions and attached to the depositions.

(Jan. 31, 1903, ch. 344, §4, 32 Stat. 790; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

Codification

The original text of this section referred to both registers and receivers, but reference to the latter was omitted in view of the abolition of such office under acts Mar. 3, 1925, and Oct. 28, 1921, which provided for the consolidation of the two offices under a register only. See, also, Transfer of Functions note below.

Change of Name

“United States magistrate judge” substituted in text for “United States magistrate” pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, “United States magistrate” substituted for “United States commissioner” pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title 28.

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.

Words “officer designated by the Secretary of the Interior” substituted for “register” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§106. Continuing taking of depositions in behalf of opposite party

Whenever the taking of any depositions taken in pursuance of section 105 of this title is concluded the opposite party may proceed at once at his own expense to take depositions in his own behalf, at the same time and place and before the same officer: Provided, That he shall, before taking of the depositions in the first instance is entered upon, give notice to the opposing party, or any agent or attorney representing him in the taking of said depositions of his intention to do so.

(Jan. 31, 1903, ch. 344, §5, 32 Stat. 791.)

§107. Penalty for false information

If any person applies to any officer designated by the Secretary of the Interior to enter any land whatever, and the officer knowingly and falsely informs the person so applying that the same has already been entered, and refuses to permit the person so applying to enter the same, such officer shall be liable therefor, to the person so applying, for $5 for each acre of land which the person so applying offered to enter, to be recovered by action of debt in any court of record having jurisdiction of the amount.

(R.S. §2247; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

R.S. §2247 derived from act July 4, 1836, ch. 352, §13, 5 Stat. 112.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

References to “register” changed to “officer designated by the Secretary of the Interior” and “officer” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

CHAPTER 5—LAND DISTRICTS

Sec.
121.
Discontinuance of land offices by President.
122.
Discontinuance of land offices by Secretary of the Interior.
123.
Continuance of land offices when required by public convenience.
123a.
Continuation of existing land districts and offices in Alaska; change of district boundaries, or discontinuance of districts; designation and location of land offices.
124.
Consolidation of land offices.
125.
Annexation of discontinued district to adjacent district.
126.
Change of location of land offices.
127.
Change of boundaries of land districts.
128.
Division or change of boundaries; continuance of business of original district.
129.
Office rent and clerk hire for consolidated land offices.
130.
Entry of public lands in States where no land offices exist.

        

§121. Discontinuance of land offices by President

Upon the recommendation of the Secretary of the Interior, the President may order the discontinuance of any land office and the transfer of any of its business and archives to any other land office within the same State or Territory.

(R.S. §2252; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

R.S. §2252 derived from act May 30, 1862, ch. 86, §5, 12 Stat. 409.

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.

Words “the Commissioner of the General Land Office, approved by” omitted on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

Delegation of Functions

For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President.

§122. Discontinuance of land offices by Secretary of the Interior

Whenever the quantity of public land remaining unsold in any land district is reduced to a number of acres less than one hundred thousand, it shall be the duty of the Secretary of the Interior to discontinue the land office of such district; and if any land in any such district remains unsold at the time of the discontinuance of a land office, the same shall be subject to sale at some one of the existing land offices most convenient to the district in which the land office has been discontinued, of which the Secretary of the Interior shall give notice.

(R.S. §2248.)

Codification

R.S. §2248 derived from act June 12, 1840, ch. 36, §2, 5 Stat. 385.

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.

§123. Continuance of land offices when required by public convenience

The Secretary of the Interior may continue any land district in which is situated the seat of government of any one of the States, and may continue the land office in such district, notwithstanding the quantity of land unsold in such district may not amount to one hundred thousand acres, when, in his opinion, such continuance is required by public convenience, or in order to close the land system in such State.

(R.S. §2249.)

Codification

R.S. §2249 derived from act Sept. 4, 1841, ch. 16, §7, 5 Stat. 455.

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.

§123a. Continuation of existing land districts and offices in Alaska; change of district boundaries, or discontinuance of districts; designation and location of land offices

Subject to the authority conferred upon the Secretary of the Interior by this section, the land districts and land offices existing in Alaska on October 9, 1942 are continued. The Secretary of the Interior is authorized and empowered in his discretion to change the boundaries of, or discontinue, any land district in Alaska, and in lieu thereof to designate such land district, or land region, as, in his opinion, is necessary for the transaction of the business relating to the public lands in the Territory and to designate or change the location of any land office for such land district or land region.

(Oct. 9, 1942, ch. 584, §6, 56 Stat. 779.)

Codification

Section was formerly classified to section 365 of Title 48, Territories and Insular Possessions.

Land Districts and Land Offices Continued

Provisions of acts Feb. 14, 1902, ch. 17, §1, 32 Stat. 20; Mar. 2, 1907, ch. 2537, §1, 34 Stat. 1232, which constituted former section 365 of Title 48, Territories and Insular Possessions, and were repealed by section 7 of Act Oct. 9, 1942, which enacted this section, read as follows: “There shall be two land districts in Alaska, the boundaries of which shall be designated by the President, to be known as the Nome land district and the Fairbanks land district, with the land offices located, respectively, at Nome, Alaska, and Fairbanks, Alaska, and one other land district and land office, the location of which shall be fixed by the President.”

§124. Consolidation of land offices

It shall be the duty of the Secretary of the Interior to consolidate the district land offices where practicable and consistent with the public interests.

(Aug. 5, 1892, ch. 380, §1, 27 Stat. 368.)

Appropriations

The Secretary of the Interior was required to consolidate the district land offices so as to bring the total compensation of the registers and receivers for the fiscal year 1894, within the appropriation made therefor by the sundry Civil Appropriation Act for that year, act Mar. 3, 1893, ch. 208, 27 Stat. 591, which was fixed at $520,000.

§125. Annexation of discontinued district to adjacent district

Whenever the cost of collecting the revenue from the sales of the public lands in any land district is as much as one-third of the whole amount of revenue collected in such district, it may be lawful for the President, if, in his opinion, not incompatible with the public interest, to discontinue the land office in such district, and to annex the same to some other adjoining land district.

(R.S. §2250.)

Codification

R.S. §2250 derived from act Mar. 3, 1853, ch. 97, §1, 10 Stat. 189, 194.

Delegation of Functions

For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President.

§126. Change of location of land offices

The President is authorized to change the location of the land offices in the several land districts established by law, and to relocate the same from time to time at such point in the district as he deems expedient.

(R.S. §2251.)

Codification

R.S. §2251 derived from acts Mar. 3, 1853, ch. 97, §1, 10 Stat. 204; Mar. 3, 1853, ch. 144, 10 Stat. 244.

Delegation of Functions

For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President.

§127. Change of boundaries of land districts

The President is authorized to change and reestablish the boundaries of land districts whenever, in his opinion, the public interests will be subserved thereby, without authority to increase the number of land offices or land districts.

(R.S. §2253.)

Codification

R.S. §2253 derived from act June 29, 1870, ch. 171, 16 Stat. 171.

Delegation of Functions

For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President.

§128. Division or change of boundaries; continuance of business of original district

In case of the division of existing land districts by the erection of new ones, or by a change of boundaries by the President, all business in such original districts shall be entertained and transacted without prejudice or change, until the offices in the new districts are duly opened by public announcement under the direction of the Secretary of the Interior. All sales or disposals of the public lands heretofore regularly made at any land office, after such lands have been made part of another district by any Act of Congress, or by any act of the President, are confirmed, provided the same are free from conflict with prior valid rights.

(R.S. §2254.)

Codification

R.S. §2254 derived from act May 31, 1872, ch. 241, 17 Stat. 192.

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.

§129. Office rent and clerk hire for consolidated land offices

The Secretary of the Interior is authorized to make a reasonable allowance for office rent for each consolidated land office; and when satisfied of the necessity therefor, to approve the employment of one or more clerks, at a reasonable per diem compensation, for such time as such clerical force is absolutely required to keep up the current public business, which clerical force shall be paid out of the surplus fees authorized to be charged by section 84 1 of this title, if any, and if no surplus exists, then out of the appropriation for incidental expenses of district land offices; but no clerk shall be so paid unless his employment has been first sanctioned by the Secretary of the Interior.

(R.S. §2255; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

References in Text

Section 84 of this title, referred to in text, was repealed by Pub. L. 86–649, title II, §202(b), July 14, 1960, 74 Stat. 507. See section 1734 of this title.

Codification

R.S. §2255 derived from act Feb. 18, 1861, ch. 38, §2, 12 Stat. 131.

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.

Words “by the register” following “to approve the employment” omitted on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

1 See References in Text note below.

§130. Entry of public lands in States where no land offices exist

Public lands situated in States in which there are no land offices may be entered at the Bureau of Land Management, subject to the provisions of law touching the entry of public lands; and the necessary proofs and affidavits required in such cases may be made before some officer competent to administer oaths, whose official character shall be duly certified by the clerk of a court of record. And moneys received by the Secretary of the Interior, or such officer as he may designate, for lands entered by cash entry shall be covered into the Treasury.

(Mar. 3, 1877, ch. 102, §1, 19 Stat. 315; June 19, 1878, ch. 329, §1, 20 Stat. 201; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Bureau of Land Management” substituted for “General Land Office” and “Secretary of the Interior, or such officer as he may designate,” substituted for “Commissioner of the General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

CHAPTER 6—WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

Sec.
141.
Repealed.
142.
Rights of occupants or claimants of oil- or gas-bearing lands; exceptions to withdrawals.
143.
Repealed.
144.
Entries on land withdrawn as valuable for oil or gas validated.
145.
Sale of lands withdrawn.
146.
Patents to purchasers of lands withdrawn.
147.
Disposition of proceeds of sale of withdrawn lands.
148.
Repealed.
149.
Exchange of private lands included in Indian reservation for other lands.
150.
Withdrawals of land for Indian reservations prohibited.
151.
Opening of lands restored to entry after withdrawals.
152.
Restoration of lands previously withdrawn.
153.
Reservation of lands in North Dakota.
154.
Vacation of withdrawals under reclamation law; lands valuable for minerals; reservation of rights, ways, and easements; rules and regulations.
155.
Withdrawal, reservation, or restriction of public lands for defense purposes; “public lands” defined; exception.
156.
Approval by Congress necessary for withdrawal, reservation, or restriction of over 5,000 acres for any Department of Defense project or facility.
157.
Application for withdrawal, reservation, or restriction; specifications.
158.
Mineral resources on withdrawn lands; disposition and exploration.

        

§141. Repealed. Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792

Section, act June 25, 1910, ch. 421, §1, 36 Stat. 847, authorized the withdrawal and reservation of lands for water-power sites and other purposes.

Effective Date of Repeal

Section 704(a) of Pub. L. 94–579 provided that this section is repealed effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

Ex. Ord. No. 10355. Delegation of Authority

Ex. Ord. No. 10355, eff. May 26, 1952, 17 F.R. 4831, as amended by Pub. L. 101–509, title V, §529 [title I, §112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454, provided:

Section 1. (a) Subject to the provisions of subsections (b), (c), and (d) of this section, I hereby delegate to the Secretary of the Interior the authority vested in the President by section 1 of the act of June 25, 1910, ch. 421, 36 Stat. 847 [this section], and the authority otherwise vested in him to withdraw or reserve lands of the public domain and other lands owned or controlled by the United States in the continental United States or Alaska for public purposes, including the authority to modify or revoke withdrawals and reservations of such lands heretofore or hereafter made.

(b) All orders issued by the Secretary of the Interior under the authority of this order shall be designated as public land orders and shall be submitted to the Division of the Federal Register, General Services Administration, for filing and for publication in the Federal Register.

(c) No order affecting land under the administrative jurisdiction of any executive department or agency of the Government other than the Department of the Interior shall be issued by the Secretary of the Interior under the authority of this order without the prior approval or concurrence, so far as the order affects such land, of the head of the department or agency concerned, or of such officer of the department or agency concerned as the head thereof may designate for such purpose: Provided, that such officer is required to be appointed by the President by and with the advice and consent of the Senate.

(d) Any disagreement between two or more executive departments or agencies with respect to any proposed withdrawal or reservation shall be referred to the Director of the Bureau of the Budget [now Office of Management and Budget] for consideration and adjustment. The Director may, in his discretion, submit the matter to the President for his determination.

Sec. 2. The Secretary of the Interior is authorized to issue such rules and regulations, and to prescribe such procedures, as he may from time to time deem necessary or desirable for the exercise of the authority delegated to him by this order.

Sec. 3. The Secretary of the Interior is authorized to redelegate the authority delegated to him by this order to one or more of the following-designated officers: the Deputy Secretary of the Interior and the Assistant Secretaries of the Interior.

Sec. 4. This order supersedes Executive Order No. 9337 of April 24, 1943, entitled “Authorizing the Secretary of the Interior to Withdraw and Reserve Lands of the Public Domain and Other Lands Owned or Controlled by the United States”.

Ex. Ord. No. 12688. Transfer Authority Choctawhatchee National Forest, Florida

Ex. Ord. No. 12688, Aug. 15, 1989, 54 F.R. 34129, provided:

By the authority vested in me as President by the Constitution and laws of the United States of America, including Pub. L. No. 668, 76th Cong., 3d Sess., 54 Stat. 655 (1940), to ensure that excess property under the control of the Department of Defense within and adjacent to the Choctawhatchee National Forest, Florida, is transferred to the Department of Agriculture for inclusion in the National Forest, it is hereby ordered as follows:

The Secretary of Defense is hereby delegated the President's authority under Pub. L. No. 668, 76th Cong., 3d Sess., 54 Stat. 655 (1940), to transfer such property within or adjacent to the boundaries of Choctawhatchee National Forest, Florida, that is no longer required for military purposes, to the Secretary of Agriculture to be restored to national forest status. To the extent this order delegates the President's authority under Pub. L. No. 668, 76th Cong., 3d Sess., 54 Stat. 655 (1940), to the Secretary of Defense, it supersedes Executive Order No. 10355 [set out above], which delegates the President's authority to revoke withdrawals and reservations of public lands to the Secretary of the Interior. The Secretary of Defense will document the transaction by letter of transfer between the Departments. The Secretary of Defense, 30 days prior to taking any action to transfer property pursuant to this order, shall notify the Secretary of the Interior of the effective date and time for “opening” of the lands to relevant land laws. The authority delegated by this order may be further redelegated within the Department of Defense.

George Bush.      

§142. Rights of occupants or claimants of oil- or gas-bearing lands; exceptions to withdrawals

This section and section 141 1 of this title shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil- or gas-bearing lands after any withdrawal of such lands made prior to June 25, 1910: And provided further, That there shall be excepted from the force and effect of any withdrawal made under the provisions of this section and section 141 1 of this title all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made.

(June 25, 1910, ch. 421, §2, 36 Stat. 847; Aug. 24, 1912, ch. 369, 37 Stat. 497; Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792.)

References in Text

Section 141 of this title, referred to in text, was repealed by Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792.

Codification

Act Aug. 24, 1912, substituted “metalliferous minerals” for “minerals other than coal, oil, gas, and phosphates” in the first clause of this section, and “June 25, 1910” for “the passage of this Act” in the second proviso of this section.

In the last proviso of this section, “national forest” substituted for “forest reserve”, in view of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, providing that forest reserves should be known as national forests.

The provisions of the last proviso of this section were also classified to section 471 of Title 16, Conservation.

Amendments

1976—Pub. L. 94–579 struck out provisions that all lands withdrawn under the act of June 25, 1910, be open to exploration, occupation, and purchase under the mineral laws of the United States in respect to minerals other than coal, oil, gas, and phosphates and that no national forest be created or additions thereto made to those created before Aug. 24, 1912, in Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress.

Effective Date of 1976 Amendment

Section 704(a) of Pub. L. 94–579 provided that the amendment made by that section is effective on and after Oct. 21, 1976.

Savings Provision

Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

1 See References in Text note below.

§143. Repealed. Pub. L. 86–533, §1(14), June 29, 1960, 74 Stat. 248

Section, act June 25, 1910, ch. 421, §3, 36 Stat. 848, required Secretary of the Interior to report withdrawals to Congress.

§144. Entries on land withdrawn as valuable for oil or gas validated

Entries existing on February 7, 1925, and allowed prior to April 1, 1924, under the Stock Raising Homestead Act of December 29, 1916 (Thirty-ninth Statutes at Large, page 862) [43 U.S.C. 291 et seq.], for land withdrawn as valuable for oil or gas, but not otherwise reserved or withdrawn, are validated, if otherwise regular: Provided, That at date of entry the land was not within the limits of the geologic structure of a producing oil or gas field.

(Feb. 7, 1925, ch. 147, §12, 43 Stat. 812.)

References in Text

The Stock Raising Homestead Act of December 29, 1916, referred to in text, is act Dec. 29, 1916, ch. 9, 39 Stat. 862, as amended, which was classified generally to subchapter X (§291 et seq.) of chapter 7 of this title and was repealed by Pub. L. 94–579, title VII, §§702, 704(a), Oct. 21, 1976, 90 Stat. 2787, 2792, except for sections 9 and 11 which are classified to sections 299 and 301, respectively, of this title. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.

§145. Sale of lands withdrawn

Whenever in the opinion of the Secretary of the Interior any lands which have been withdrawn under the provisions of sections 141 1 and 142 of this title for the purpose of exploratory drilling to discover water supplies for irrigation or other purposes, and which have had wells or other permanent improvements placed thereon by and at the expense of the United States are no longer needed for the purpose for which they were withdrawn and improved, the Secretary of the Interior may appraise the lands, together with the improvements thereon, and thereafter sell the same to a citizen of the United States 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 publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land.

(Jan. 26, 1921, ch. 27, §1, 41 Stat. 1089.)

References in Text

Section 141 of this title, referred to in text, was repealed by Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792.

1 See References in Text note below.

§146. Patents to purchasers of lands withdrawn

Upon payment of the purchase price the Secretary of the Interior is authorized by appropriate patent to convey all the right, title, and interest 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: Provided further, That any patent issued hereunder shall contain a reservation to the United States of all oil, gas, coal, and other mineral.

(Jan. 26, 1921, ch. 27, §2, 41 Stat. 1089.)

§147. Disposition of proceeds of sale of withdrawn lands

The moneys derived from the sale of such lands and improvements shall be disposed of as are other receipts from the sale and disposal of public lands.

(Jan. 26, 1921, ch. 27, §3, 41 Stat. 1090.)

§148. Repealed. Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792

Section, acts June 25, 1910, ch. 431, §13, 36 Stat. 858; June 29, 1960, Pub. L. 86–533, §1(13), 74 Stat. 248, authorized withdrawal of lands in Indian reservations for power or reservation sites.

Effective Date of Repeal

Section 704(a) of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§149. Exchange of private lands included in Indian reservation for other lands

Any private land over which an Indian reservation has been extended by Executive order, may be exchanged at the discretion of the Secretary of the Interior and at the expense of the owner thereof and under such rules and regulations as may be prescribed by the Secretary of the Interior, for vacant, nonmineral, nontimbered, surveyed public lands of equal area and value and situated in the same State or Territory.

(Apr. 21, 1904, ch. 1402, §1, 33 Stat. 211.)

§150. Withdrawals of land for Indian reservations prohibited

No public lands of the United States shall be withdrawn by Executive Order, proclamation, or otherwise, for or as an Indian reservation except by act of Congress.

(June 30, 1919, ch. 4, §27, 41 Stat. 34.)

§151. Opening of lands restored to entry after withdrawals

When public lands are excluded from national forests or released from withdrawals the President may, whenever in his judgment it is proper or necessary, provide for the opening of the lands by settlement in advance of entry, by drawing, or by such other method as he may deem advisable in the interest of equal opportunity and good administration, and in doing so may provide that lands so opened shall be subject only to homestead entry by actual settlers only or to entry under the desert-land laws for a period not exceeding ninety days, the unentered lands to be thereafter subject to disposition under the public-land laws applicable thereto.

(Sept. 30, 1913, ch. 15, §1, 38 Stat. 113.)

§152. Restoration of lands previously withdrawn

Where under the law the Secretary of the Interior is authorized or directed to make restoration of lands previously withdrawn he may also restrict the restoration as prescribed in section 151 of this title.

(Sept. 30, 1913, ch. 15, §2, 38 Stat. 114.)

§153. Reservation of lands in North Dakota

Upon receipt of a proper deed from the State of North Dakota, executed under authority of the act of its legislative assembly, approved February 5, 1915, reconveying to the United States title to section 16, township 138 north, range 81 west, fifth principal meridian, the Secretary of the Interior is authorized to issue patents to said State for such vacant, surveyed, unreserved, unoccupied, nonmineral public lands as may be selected by said State within its boundaries, not exceeding one thousand two hundred and eighty acres in aggregate area, and said section when so reconveyed shall not be subject to settlement, location, entry, or selection under the public land laws, but shall be reserved for the use of the Department of Agriculture in carrying on experiments in dry-land agriculture at the Northern Great Plains Field Station, Mandan, North Dakota.

(July 3, 1916, ch. 219, 39 Stat. 344.)

§154. Vacation of withdrawals under reclamation law; lands valuable for minerals; reservation of rights, ways, and easements; rules and regulations

Where public lands of the United States have been withdrawn for possible use for construction purposes under the Federal reclamation laws, and are known or believed to be valuable for minerals and would, if not so withdrawn, be subject to location and patent under the general mining laws, the Secretary of the Interior, when in his opinion the rights of the United States will not be prejudiced thereby, may, in his discretion, open the land to location, entry, and patent under the general mining laws, reserving such ways, rights, and easements over or to such lands as may be prescribed by him and as may be deemed necessary or appropriate, including the right to take and remove from such lands construction materials for use in the construction of irrigation works, and/or the said Secretary may require the execution of a contract by the intending locator or entryman as a condition precedent to the vesting of any rights in him, when in the opinion of the Secretary same may be necessary for the protection of the irrigation interests. Such reservations or contract rights may be in favor of the United States or irrigation concerns cooperating or contracting with the United States and operating in the vicinity of such lands. The Secretary may prescribe the form of such contract which shall be executed and acknowledged and recorded in the county records and United States local land office by any locator or entryman of such land before any rights in their favor attach thereto, and the locator or entryman executing such contract shall undertake such indemnifying covenants and shall grant such rights over such lands as in the opinion of the Secretary may be necessary for the protection of Federal or private irrigation in the vicinity. Notice of such reservation or of the necessity of executing such prescribed contract shall be filed in the Bureau of Land Management and in the appropriate local land office, and notations thereof shall be made upon the appropriate tract books, and any location or entry thereafter made upon or for such lands, and any patent therefor shall be subject to the terms of such contract and/or to such reserved ways, rights, or easements and such entry or patent shall contain a reference thereto.

The Secretary of the Interior may prescribe such rules and regulations as may be necessary to enable him to enforce the provisions of this section.

(Apr. 23, 1932, ch. 134, §§1, 2, 47 Stat. 136, 137; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Bureau of Land Management” substituted for “General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

§155. Withdrawal, reservation, or restriction of public lands for defense purposes; “public lands” defined; exception

Notwithstanding any other provisions of law, except in time of war or national emergency hereafter declared by the President or the Congress, on and after February 28, 1958 the provisions hereof shall apply to the withdrawal and reservation for, restriction of, and utilization by, the Department of Defense for defense purposes of the public lands of the United States, including public lands in the Territories of Alaska and Hawaii: Provided, That—

(1) for the purposes of this Act, the term “public lands” shall be deemed to include, without limiting the meaning thereof, Federal lands and waters of the Outer Continental Shelf, as defined in section 1331 of this title, and Federal lands and waters off the coast of the Territories of Alaska and Hawaii;

(2) nothing in this Act shall be deemed to be applicable to the withdrawal or reservation of public lands specifically as naval petroleum, naval oil shale, or naval coal reserves;

(3) nothing in this Act shall be deemed to be applicable to the warning areas over the Federal lands and waters of the Outer Continental Shelf and Federal lands and waters off the coast of the Territory of Alaska reserved for use of the military departments prior to August 7, 1953, and

(4) nothing in this section, section 156, or section 157 of this title shall be deemed to be applicable either to those reservations or withdrawals which expired due to the ending of the unlimited national emergency of May 27, 1941, and which subsequent to such expiration have been and are now used by the military departments with the concurrence of the Department of the Interior, or to the withdrawal of public domain lands of the Marine Corps Training Center, Twentynine Palms, California, and the naval gunnery ranges in the State of Nevada designated as Basic Black Rock and Basic Sahwave Mountain.

(Pub. L. 85–337, §1, Feb. 28, 1958, 72 Stat. 27.)

References in Text

This Act, referred to in pars. (1), (2), and (3), is Pub. L. 85–337, Feb. 28, 1958, 72 Stat. 27, which enacted sections 155 to 158 of this title and section 2671 of Title 10, Armed Forces, and amended section 472 of former Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Tables.

Admission of Alaska and Hawaii to Statehood

Alaska was admitted into the Union on Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48.

§156. Approval by Congress necessary for withdrawal, reservation, or restriction of over 5,000 acres for any Department of Defense project or facility

No public land, water, or land and water area shall, except by Act of Congress, on and after February 28, 1958 be (1) withdrawn from settlement, location, sale, or entry for the use of the Department of Defense for defense purposes; (2) reserved for such use; or (3) restricted from operation of the mineral leasing provisions of the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.], if such withdrawal, reservation, or restriction would result in the withdrawal, reservation, or restriction of more than five thousand acres in the aggregate for any one defense project or facility of the Department of Defense since February 28, 1958, or since the last previous Act of Congress which withdrew, reserved, or restricted public land, water, or land and water area for that project or facility, whichever is later.

(Pub. L. 85–337, §2, Feb. 28, 1958, 72 Stat. 28.)

References in Text

The Outer Continental Shelf Lands Act, referred to in text, is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is classified generally to subchapter III (§1331 et seq.) of chapter 29 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1331 of this title and Tables.

§157. Application for withdrawal, reservation, or restriction; specifications

Any application filed on and after February 28, 1958 for a withdrawal, reservation, or restriction, the approval of which will, under section 156 of this title, require an Act of Congress, shall specify—

(1) the name of the requesting agency and intended using agency;

(2) location of the area involved, to include a detailed description of the exterior boundaries and excepted areas, if any, within such proposed withdrawal, reservation, or restriction;

(3) gross land and water acreage within the exterior boundaries of the requested withdrawal, reservation, or restriction, and net public land, water, or public land and water acreage covered by the application;

(4) the purpose or purposes for which the area is proposed to be withdrawn, reserved, or restricted, or if the purpose or purposes are classified for national security reasons, a statement to that effect;

(5) whether the proposed use will result in contamination of any or all of the requested withdrawal, reservation, or restriction area, and if so, whether such contamination will be permanent or temporary;

(6) the period during which the proposed withdrawal, reservation, or restriction will continue in effect;

(7) whether, and if so to what extent, the proposed use will affect continuing full operation of the public land laws and Federal regulations relating to conservation, utilization, and development of mineral resources, timber and other material resources, grazing resources, fish and wildlife resources, water resources, and scenic, wilderness, and recreation and other values; and

(8) if effecting the purpose for which the area is proposed to be withdrawn, reserved, or restricted, will involve the use of water in any State, whether, subject to existing rights under law, the intended using agency has acquired, or proposes to acquire, rights to the use thereof in conformity with State laws and procedures relating to the control, appropriation, use, and distribution of water.

(Pub. L. 85–337, §3, Feb. 28, 1958, 72 Stat. 28.)

§158. Mineral resources on withdrawn lands; disposition and exploration

All withdrawals or reservations of public lands for the use of any agency of the Department of Defense, except lands withdrawn or reserved specifically as naval petroleum, naval oil shale, or naval coal reserves, heretofore or hereafter made by the United States, shall be deemed to be subject to the condition that all minerals, including oil and gas, in the lands so withdrawn or reserved are under the jurisdiction of the Secretary of the Interior and there shall be no disposition of, or exploration for, any minerals in such lands except under the applicable public land mining and mineral leasing laws: Provided, That no disposition of, or exploration for, any minerals in such lands shall be made where the Secretary of Defense, after consultation with the Secretary of the Interior, determines that such disposition or exploration is inconsistent with the military use of the lands so withdrawn or reserved.

(Pub. L. 85–337, §6, Feb. 28, 1958, 72 Stat. 30.)

CHAPTER 7—HOMESTEADS

SUBCHAPTER I—GENERAL PROVISIONS

Sec.
161 to 176. Repealed or Transferred.
177.
Patents for lands in New Mexico held under color of title.
178.
Patents for lands in New Mexico; lands contiguous to Spanish or Mexican land grants.
179, 180.
Repealed.

        

SUBCHAPTER II—RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY

181 to 191. Repealed.

        

SUBCHAPTER III—LANDS SUBJECT TO ENTRY

201 to 208. Repealed.
209.
Extension of public-land laws to certain lands in Oklahoma.
210.
Recognition of equitable claims on certain lands in Oklahoma; validation of homestead entries.

        

SUBCHAPTER IV—LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED ENTRIES

211 to 224. Repealed.

        

SUBCHAPTER V—LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR NONCULTIVATION

231 to 243a. Repealed.

        

SUBCHAPTER VI—FINAL PROOF GENERALLY

251 to 256b. Repealed.

        

SUBCHAPTER VII—PAYMENTS AND REFUNDS

261 to 263. Repealed.

        

SUBCHAPTER VIII—ALASKA HOMESTEADS

270 to 270–11. Repealed.
270–12.
Disposal by United States of coal, oil, or gas deposits reserved to United States; entry, reentry, etc., on lands for prospecting, mining, and removal.
270–13 to 270–17. Repealed.

        

SUBCHAPTER IX—SOLDIERS’ AND SAILORS’ HOMESTEAD

271 to 284. Repealed.

        

SUBCHAPTER X—STOCK-RAISING HOMESTEAD

291 to 298. Repealed.
299.
Reservation of coal and mineral rights.
300.
Repealed.
301.
Rules and regulations.
302.
Repealed.

        

SUBCHAPTER I—GENERAL PROVISIONS

§§161 to 164. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section 161, R.S. §2289; Mar. 3, 1891, ch. 561, §5, 26 Stat. 1097, related to entry of unappropriated public lands.

Section 162, R.S. §2290; Mar. 3, 1891, ch. 561, §5, 26 Stat. 1097; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to application for entry on public lands, and contents for affidavit for application.

Section 163, R.S. §2295; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to record of application, registration, and return to Bureau of Land Management.

Section 164, R.S. §2291; June 6, 1912, ch. 153, 37 Stat. 123, related to issuance, etc., of certificate or patent for entered lands.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§165. Transferred

Codification

Section, act Mar. 3, 1891, ch. 561, §7, 26 Stat. 1098, which related to suspension of entries for correction of clerical errors, was transferred to section 1165 of this title.

§§166 to 175. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section 166, acts May 14, 1880, ch. 89, §3, 21 Stat. 141; June 6, 1900, ch. 821, 31 Stat. 683; Aug. 9, 1912, ch. 280, 37 Stat. 267, related to time for settlers to file application and for perfection of entry, marriage of entrywoman, and preferential right of entry.

Section 167, acts Apr. 6, 1914, ch. 51, 38 Stat. 312; Mar. 1, 1921, ch. 90, 41 Stat. 1193, related to marriage of entryman to entrywoman.

Section 168, act Oct. 17, 1914, ch. 325, 38 Stat. 740, related to marriage of entrywoman to alien.

Section 169, R.S. §2297; Mar. 3, 1881, ch. 153, 21 Stat. 511; June 6, 1912, ch. 153, 37 Stat. 124; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to failure to establish residence and reversion of entered lands to Federal Government.

Section 170, act Oct. 22, 1914, ch. 335, 38 Stat. 766, related to rights of wife on abandonment by husband.

Section 171, R.S. §2292, related to rights inuring to infant children on death of both mother and father.

Section 172, act June 8, 1880, ch. 136, 21 Stat. 166; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to effect of insanity of settlers upon claims.

Section 173, R.S. §2301; Mar. 3, 1891, ch. 561, §6, 26 Stat. 1098; June 3, 1896, ch. 312, §2, 29 Stat. 197, related to commutations of entries after 14 months from date of settlement.

Section 174, R.S. §2288; Mar. 3, 1891, ch. 561, §§3, 4, 26 Stat. 1097; Mar. 3, 1905, ch. 1424, 33 Stat. 991, related to right to transfer claims.

Section 175, R.S. §2296; Apr. 28, 1922, ch. 155, 42 Stat. 502, related to exemption from execution of homestead land.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§176. Repealed. Pub. L. 94–579, title VII, §705(a), Oct. 21, 1976, 90 Stat. 2792

Section, act Mar. 2, 1895, ch. 174, §§1–3, 28 Stat. 744, provided for appointment of court commissioners for certain Territories.

Effective Date of Repeal

Section 705(a) of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§177. Patents for lands in New Mexico held under color of title

Whenever it shall be shown to the satisfaction of the Secretary of the Interior that a tract or tracts of public land, not known to be mineral, in the State of New Mexico, not exceeding in the aggregate one hundred and sixty acres, has or have been held in good faith and in peaceful, adverse possession by a citizen of the United States, his ancestors or grantors, for more than twenty years under claim or color of title, and that valuable improvements have been placed on such land, or some part thereof has been reduced to cultivation, the Secretary may, in his discretion, upon the payment of $1.25 per acre, cause a patent or patents to issue for such land to any such citizen: Provided, That where the area or areas so held by any such citizen is in excess of one hundred and sixty acres the Secretary may determine what particular subdivisions, not exceeding one hundred and sixty acres in the aggregate, to any such citizen may be patented under this section: Provided further, That the term “citizen” as used in this section shall be held to include a corporation organized under the laws of the United States or any State or Territory thereof.

(June 8, 1926, ch. 501, 44 Stat. 709.)

§178. Patents for lands in New Mexico; lands contiguous to Spanish or Mexican land grants

Whenever it shall be shown to the satisfaction of the Secretary of the Interior that a tract or tracts of public land, contiguous to a Spanish or Mexican land grant, in the State of New Mexico, not exceeding in the aggregate one hundred and sixty acres, has or have been held in good faith and in peaceful, adverse possession by a citizen of the United States, his ancestors or grantors, for more than twenty years under claim or color of title, and that valuable improvements have been placed on such land, or some part thereof has been reduced to cultivation, the Secretary may, in his discretion, upon the payment of $1.25 per acre, cause a patent or patents to issue for such land to any such citizens: Provided, That where the area or areas so held by any such citizen is in excess of one hundred and sixty acres the Secretary may determine what particular subdivisions, not exceeding one hundred and sixty acres in the aggregate, to any such citizen may be patented hereunder: Provided further, That coal and all other minerals contained therein are reserved to the United States; that said coal and other minerals shall be subject to sale or disposal by the United States under applicable leasing and mineral land laws, and permittees, lessees, or grantees of the United States shall have the right to enter upon said lands for the purpose of prospecting for and mining such deposits: Provided further, That the term “citizen”, as used in this section, shall be held to include a corporation organized under the laws of the United States or any State or Territory thereof.

(Feb. 23, 1932, ch. 52, 47 Stat. 53.)

§§179, 180. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section 179, act May 17, 1900, ch. 479, §1, 31 Stat. 179, related to free homesteads to settlers, commutation rights, and payment to Indians.

Section 180, act Jan. 26, 1901, ch. 180, 31 Stat. 740, related to extension of right of settlers to commute entry.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

SUBCHAPTER II—RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY

§181. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

Section, act June 5, 1900, ch. 716, §3, 31 Stat. 270, provided that a person making an entry which was lost or forfeited should be entitled to benefits of homestead laws as though the former entry had not been made. See section 182 of this title.

§§182 to 191. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section 182, act Sept. 5, 1914, ch. 294, 38 Stat. 712, related to entry after forfeiture of prior entry without fault.

Section 183, R.S. §2300; Aug. 31, 1918, ch. 166, §8, 40 Stat. 957; Sept. 13, 1918, ch. 173, 40 Stat. 960, related to minor veterans, service in military establishment, and relinquishment of entries.

Section 184, R.S. §2302, prohibited discrimination based on race or color in construction or execution of certain laws.

Section 185, acts May 14, 1880, ch. 89, §2, 21 Stat. 141; Mar. 3, 1891, ch. 561, §4, 26 Stat. 1097; July 26, 1892, ch. 251, 27 Stat. 270; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to preference right of entry of successful contestants.

Sections 186, acts Feb. 14, 1920, ch. 76, §§1, 2, 41 Stat. 434, 435; Jan. 21, 1922, ch. 32, §§1, 2, 42 Stat. 358; Dec. 28, 1922, ch. 19, 42 Stat. 1067; June 12, 1930, ch. 471, 46 Stat. 580, related to preference right of entry of veterans, and promulgation of rules and regulations.

Section 187, act Feb. 25, 1925, ch. 326, 43 Stat. 981, related to entrants on ceded Indian reservations.

Section 187a, act June 21, 1934, ch. 690, 48 Stat. 1185, related to new homestead entry on ceded Indian reservations.

Section 187b, act May 22, 1902, ch. 821, §2, 32 Stat. 203, related to second homestead entry by certain settlers.

Section 188, act June 5, 1900, ch. 716, §3, 31 Stat. 270, related to purchaser of Flathead Indian land, Montana.

Section 189, act Mar. 3, 1875, ch. 131, §15, 18 Stat. 420, related to Indians abandoning tribal relations and consequences thereof.

Section 190, act July 4, 1884, ch. 180, §1, 23 Stat. 96, related to patents for Indians located on public lands.

Section 190a, act Mar. 1, 1933, ch. 160, §1, 47 Stat. 1418, related to Indian allotments or homesteads in San Juan County, Utah.

Section 191, R.S. §§2310, 2311, related to entry, etc., rights, of Stockbridge Munsee Indians.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

SUBCHAPTER III—LANDS SUBJECT TO ENTRY

§§201 to 208. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section 201, R.S. §2302, prohibited entry and settlement of mineral lands under this chapter.

Section 202, acts May 14, 1880, ch. 89, §1, 21 Stat. 140; Mar. 3, 1891, ch. 561, §4, 26 Stat. 1097; Mar. 3, 1893, ch. 208, 27 Stat. 593; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to relinquished entries.

Section 203, acts June 13, 1902, ch. 1080, §§1–3, 32 Stat. 384; Mar. 4, 1907, ch. 2907, 34 Stat. 1269, related to applicability of homestead laws to Ute Indian Reservation in Colorado.

Section 204, act Mar. 3, 1879, ch. 191, 20 Stat. 472, related to entries on even sections within railroad and other grants.

Section 205, act July 1, 1879, ch. 60, 21 Stat. 46, related to entries on odd sections within railroad and other grants in Missouri and Arkansas.

Section 206, act May 6, 1886, ch. 88, 24 Stat. 22, related to patents for additional entries within railway limits.

Section 207, act Aug. 21, 1916, ch. 361, 39 Stat. 518, authorized disposition of all agricultural lands within military reservations in Nevada under homestead and desert-land laws.

Section 208, act June 3, 1924, ch. 240, 43 Stat. 357, authorized acquisition of all unreserved public lands within the Columbia or Moses Reserve in Washington to be acquired under laws applicable to public domain.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§209. Extension of public-land laws to certain lands in Oklahoma

The public-land laws of the United States be, and the same are, extended to the public lands in that part of the Red River between the medial line and the south bank of the river, in Oklahoma, between the ninety-eighth meridian and the east boundary of the territory established as Greer County by the Act of May 4, 1896 (29 Stat. 113): Provided, That such lands shall not be subject to disposition, settlement, or occupation until after the same have been classified and opened to entry, and other disposal by the Secretary of the Interior according to law.

(June 22, 1948, ch. 605, §1, 62 Stat. 576.)

References in Text

The public-land laws of the United States, referred to in text, are classified generally to this title.

Act of May 4, 1896, referred to in text, is act May 4, 1896, ch. 155, 29 Stat. 113, which is not classified to the Code.

§210. Recognition of equitable claims on certain lands in Oklahoma; validation of homestead entries

The Secretary of the Interior is authorized and directed to recognize equitable claims to such lands based on settlement made prior to January 1, 1934, and all homestead entries of such lands, the allowance of which was erroneous because the lands were not subject to entry, and all suspended entries and applications to make final proof, are validated if otherwise regular, as of the date of the regular application.

(June 22, 1948, ch. 605, §2, 62 Stat. 576.)

SUBCHAPTER IV—LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED ENTRIES

§§211 to 224. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section 211, R.S. §2298, related to limitation of amount of homestead entry.

Section 212, acts Aug. 30, 1890, ch. 837, §1, 26 Stat. 391; Mar. 3, 1891, ch. 561, §17, 26 Stat. 1101, related to limitation of aggregate amount of entries.

Section 213, acts Apr. 28, 1904, ch. 1776, §§2, 3, 33 Stat. 527; Aug. 3, 1950, ch. 521, 64 Stat. 398, related to additional entry on land contiguous to former entry of less than quarter section.

Section 214, acts Mar. 2, 1889, ch. 381, §6, 25 Stat. 854; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to additional entry after final proof on entry on less than quarter section.

Section 215, act Feb. 20, 1917, ch. 98, 39 Stat. 925, related to additional entry after patent on entry for less than quarter section.

Section 216, act Mar. 4, 1921, ch. 162, §1, 41 Stat. 1433, related to validation of additional entry after patent.

Section 217, act June 5, 1900, ch. 716, §2, 31 Stat. 269, related to additional entry after commutation of former entry.

Section 218, acts Feb. 19, 1909, ch. 160, §§1–6, 35 Stat. 639; June 6, 1912, ch. 153, 37 Stat. 123; June 13, 1912, ch. 166, 37 Stat. 132; Feb. 11, 1913, ch. 39, 37 Stat. 666; Mar. 3, 1915, ch. 84, 38 Stat. 953; Mar. 3, 1915, ch. 91, 38 Stat. 957; Mar. 4, 1915, ch. 150, §2, 38 Stat. 1163; July 3, 1916, ch. 220, 39 Stat. 344, set forth provisions relating to enlarged entries on specified nonmineral, nonirrigable lands in certain States.

Section 219, acts June 17, 1910, ch. 298, §§1–6, 36 Stat. 531, 532; Feb. 11, 1913, ch. 39, 37 Stat. 666; Mar. 3, 1915, ch. 91, 38 Stat. 957; Sept. 5, 1916, ch. 440, 39 Stat. 724; Aug. 10, 1917, ch. 52, §10, 40 Stat. 275, set forth provisions relating to enlarged entries on specified nonmineral, nonirrigable lands in Idaho.

Section 220, act Mar. 4, 1915, ch. 150, §1, 38 Stat. 1162, 1163; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set forth procedures for applications for entries under sections 218 and 219 of this title.

Section 221, act Mar. 4, 1915, ch. 150, §2, 38 Stat. 1163, was transferred to part of section 218 of this title, and subsequently repealed.

Section 222, act Mar. 4, 1923, ch. 245, §1, 42 Stat. 1445, authorized additional entries by homestead entrymen on lands in national forests in the States covered by former sections 218 and 219 of this title.

Section 223, acts May 14, 1880, ch. 89, §3, 21 Stat. 141; June 6, 1900, ch. 821, 31 Stat. 683; Aug. 9, 1912, ch. 280, 37 Stat. 267, authorized preference of settlers to entries under Enlarged Homestead Act for lands covered by former sections 218 and 219 of this title.

Section 224, acts Apr. 28, 1904, ch. 1801, §§1–3, 33 Stat. 547, 548; Mar. 2, 1907, ch. 2527, §§1–3, 34 Stat. 1224; May 29, 1908, ch. 220, §7, 35 Stat. 466; Aug. 24, 1912, ch. 371, 37 Stat. 499, extended limitation on entries within certain boundaries in Nebraska.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

SUBCHAPTER V—LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR NONCULTIVATION

§§231 to 240. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section 231, acts Aug. 22, 1914, ch. 270, 38 Stat. 704; Feb. 25, 1919, ch. 21, 40 Stat. 1153; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to optional leaves of absence and proof of commutation.

Section 232, act July 3, 1916, ch. 214, 39 Stat. 341, related to settlers on unsurveyed land.

Section 233, acts Sept. 29, 1919, ch. 64, 41 Stat. 288; Apr. 6, 1922, ch. 122, §2, 42 Stat. 491, related to residence of persons receiving treatment for wounds.

Section 234, acts Mar. 2, 1889, ch. 381, §3, 25 Stat. 854; Dec. 29, 1894, ch. 14, 28 Stat. 599; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to destruction or failure of crops, sickness, or unavoidable casualty.

Section 235, act July 1, 1879, ch. 63, §1, 21 Stat. 48; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to destruction or injury to crops by grasshoppers.

Section 236, act Dec. 20, 1917, ch. 6, 40 Stat. 430, allowed persons who filed applications for homestead entry prior to Dec. 20, 1917, a leave of absence from their land during pendency of war with Germany for purpose of performing farm labor.

Section 237, act July 24, 1919, ch. 26, 41 Stat. 271, excused entrymen from residence during drought in 1919.

Section 237a, act Mar. 2, 1932, ch. 69, 47 Stat. 59, excused entrymen from residence during drought period of 1929 to 1932.

Section 237b, act May 21, 1934, ch. 320, 48 Stat. 787, excused entrymen from compliance with requirements of homestead laws as to residence, cultivation, improvements, expenditures or purchase money where absence was due to economic conditions in 1932, 1933 or 1934.

Section 237c, act May 22, 1935, ch. 135, 49 Stat. 286, excused entrymen from compliance with requirements of homestead laws as to residence, cultivation, improvements, expenditures or purchase money where absence was due to economic conditions in 1935.

Section 237d, acts Aug. 19, 1935, ch. 560, 49 Stat. 659; Mar. 31, 1938, ch. 57, 52 Stat. 149, related to cultivation requirement for entered lands.

Section 237e, act Apr. 20, 1936, ch. 239, §1, 49 Stat. 1235, excused entrymen from compliance with requirements of homestead laws as to residence, cultivation, improvements, expenditures or purchase money where absence was due to economic conditions in 1936.

Section 237f, act July 30, 1956, ch. 778, §1, 70 Stat. 715, related to absence during 1956 to 1959 due to economic conditions and protection of rights of entryman.

Section 237g, act July 30, 1956, ch. 778, §2, 70 Stat. 716, related to homestead or desert land applications on file as of Mar. 1, 1956, and entries and rights of United States.

Section 237h, act July 30, 1956, ch. 778, §4, 70 Stat. 716, set forth lands subject to protection of rights of entryman.

Section 238, acts Mar. 1, 1921, ch. 102, §1, 41 Stat. 1202; Apr. 7, 1922, ch. 125, 42 Stat. 492, related to excusing residence and cultivation, etc., requirements for disabled veterans.

Section 239, R.S. §2308, related to service in Army, Navy, etc., as equivalent to residence.

Section 240, acts June 16, 1898, ch. 458, 30 Stat. 473; Aug. 29, 1916, ch. 420, 39 Stat. 671, related to service in time of war as equivalent to residence and cultivation.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§§241, 242. Repealed. Oct. 17, 1940, ch. 888, article V, §503(3), 54 Stat. 1187

Section 241, act July 28, 1917, ch. 44, §1, 40 Stat. 248, related to residence requirements of entrymen in military service during war.

Section 242, act July 28, 1917, ch. 44, §2, 40 Stat. 248, related to widows and children of entrymen who died in military service during war.

§§243, 243a. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section 243, act Apr. 7, 1930, ch. 108, 46 Stat. 144, related to military service in certain Indian wars as equivalent to residence and cultivation.

Section 243a, act Mar. 3, 1933, ch. 198, 47 Stat. 1424, related to extension of credits for military service in certain Indian wars to widows and issuance of patents to minor children on death of mother.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

SUBCHAPTER VI—FINAL PROOF GENERALLY

§§251 to 256b. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section 251, act Mar. 3, 1879, ch. 192, 20 Stat. 472; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to notice of intention to make final proof.

Section 252, act Mar. 2, 1889, ch. 381, §7, 25 Stat. 855, related to time of taking testimony for final proof in case of unavoidable delay.

Section 253, act June 3, 1878, ch. 152, 20 Stat. 91, related to publication of notice of contest.

Section 254, R.S. §2294; May 26, 1890, ch. 355, 26 Stat. 121; Mar. 3, 1893, ch. 208, 27 Stat. 593; Mar. 11, 1902, ch. 182, 32 Stat. 63; Mar. 4, 1904, ch. 394, 33 Stat. 59; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Feb. 23, 1923, ch. 105, 42 Stat. 1281; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Oct. 17, 1968, Pub. L. 90–578, title IV, §402(b)(2), 82 Stat. 1118, related to officers before whom affidavits or proofs may be made, perjury, and fees.

Section 255, R.S. §2293; Oct. 6, 1917, ch. 86, 40 Stat. 391; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to affidavits taken by commanding officer for person in military or naval service.

Section 256, act Mar. 4, 1913, ch. 149, §1, 37 Stat. 925, related to election as to law under which final proof may be made.

Section 256a, acts May 13, 1932, ch. 178, §§1, 2, 47 Stat. 153; June 16, 1933, ch. 99, 48 Stat. 274; July 26, 1935, ch. 419, 49 Stat. 504; June 16, 1937, ch. 361, 50 Stat. 303, related to extension of time for offering final proof, and promulgation of rules and regulations.

Section 256b, act Aug. 27, 1935, ch. 770, 49 Stat. 909, related to final proof by disabled World War I veterans.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

SUBCHAPTER VII—PAYMENTS AND REFUNDS

§261. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section, acts Sept. 30, 1890, No. 59, 26 Stat. 684; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to time for payments and extension of time.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§262. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

Section, act Mar. 2, 1907, ch. 2568, 34 Stat. 1248, provided for refund of excess payments. See section 1374 of this title.

§263. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section, acts June 16, 1880, ch. 244, §§1–4, 21 Stat. 287; Apr. 18, 1904, No. 25, 33 Stat. 589; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to cancellation of entries and repayment of fees.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

SUBCHAPTER VIII—ALASKA HOMESTEADS

§270. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section, acts May 14, 1898, ch. 299, §1, 30 Stat. 409; Mar. 3, 1903, ch. 1002, 32 Stat. 1028; Aug. 24, 1912, ch. 387, §1, 37 Stat. 512; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Apr. 29, 1950, ch. 137, §1, 64 Stat. 94; Aug. 3, 1955, ch. 496, §1, 69 Stat. 444, set forth provisions relating to applicability of homestead laws to Alaska. Section was formerly classified to section 371 of Title 48, Territories and Insular Possessions.

Effective Date of Repeal

Section 703(a) of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§§270–1 to 270–3. Repealed. Pub. L. 92–203, §18(a), Dec. 18, 1971, 85 Stat. 710

Section 270–1, acts May 17, 1906, ch. 2469, §1, 34 Stat. 197; Aug. 2, 1956, ch. 891, §1(a)–(d), 70 Stat. 954, authorized making of homestead allotments to native Indians, Aleuts, or Eskimos and provided for conveyance of allotted lands. Section was formerly classified to section 357 of Title 48, Territories and Insular Possessions.

Section 270–2, act May 17, 1906, ch. 2469, §2, as added Aug. 2, 1956, ch. 891, §1(e), 70 Stat. 954, permitted allotments of land in national forests if land was certified as chiefly valuable for agricultural or grazing uses. Section was formerly classified to section 357a of Title 48.

Section 270–3, act May 27, 1906, ch. 2469, §3, as added Aug. 2, 1956, ch. 891, §1(e), 70 Stat. 954, prohibited making of an allotment unless person made satisfactory proof of substantially continuous use and occupancy of land for five years. Section was formerly classified to section 357b of Title 48.

§270–4. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section, acts May 14, 1898, ch. 299, §10, 30 Stat. 413; Oct. 28, 1921, ch. 114 §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to affidavits, and filing, publishing, and posting proof of claims.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§§270–5 to 270–10. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section 270–5, act Apr. 29, 1950, ch. 137, §2, 64 Stat. 95, required filing of notice of location of settlement claims for public lands in Alaska. Section was formerly classified to section 371a of Title 48, Territories and Insular Possessions.

Section 270–6, act Apr. 29, 1950, ch. 137, §3, 64 Stat. 95, set forth effects of failure to file notice of settlement claim. Section was formerly classified to section 371b of Title 48.

Section 270–7, acts Apr. 29, 1950, ch. 137, §4, 64 Stat. 95; July 11, 1956, ch. 571, §2, 70 Stat. 529, required final or commutation proof on unsurveyed land as basis for free survey. Section was formerly classified to section 371c of Title 48.

Section 270–8, acts July 8, 1916, ch. 228, §1, 39 Stat. 352; June 28, 1918, ch. 110, 40 Stat. 632, set forth the amount of homestead entries for every qualified person. Section was formerly classified to section 373 of Title 48.

Section 270–9, acts July 8, 1916, ch. 228, §1, 39 Stat. 352; June 28, 1918, ch. 110, 40 Stat. 632, removed bar of former entry in any other State or Territory as bar to homestead entry in Alaska. Section was formerly classified to section 374 of Title 48.

Section 270–10, act July 8, 1916, ch. 228, §2, as added June 28, 1918, ch. 110, 40 Stat. 633; amended Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; July 11, 1956, ch. 571, §1, 70 Stat. 528, set forth requirements for entry on unsurveyed lands. Section was formerly classified to section 375 of Title 48.

Effective Date of Repeal

Section 703(a) of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§270–11. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2787

Section, acts Mar. 8, 1922, ch. 96, §1, 42 Stat. 415; Aug. 23, 1958, Pub. L. 85–725, §1, 72 Stat. 730, related to entry on land containing coal, oil, or gas.

Effective Date of Repeal

Section 703(a) of Pub. L. 94–579 provided that the repeal made by that section is effective on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§270–12. Disposal by United States of coal, oil, or gas deposits reserved to United States; entry, reentry, etc., on lands for prospecting, mining, and removal

The coal, oil, or gas deposits reserved to the United States in accordance with the act of March 8, 1922 (42 Stat. 415; 43 U.S.C. 270–11 et seq.), as added to by the Act of August 17, 1961 (75 Stat. 384; 43 U.S.C. 270–13), and amended by the Act of October 3, 1962 (76 Stat. 740; 43 U.S.C. 270–13), shall be subject to disposal by the United States in accordance with the provisions of the laws applicable to coal, oil, or gas deposits or coal, oil, or gas lands in Alaska in force at the time of such disposal. Any person qualified to acquire coal, oil, or gas deposits, or the right to mine or remove the coal or to drill for and remove the oil or gas under the laws of the United States shall have the right at all times to enter upon the lands patented under the Act of March 8, 1922, as amended, and in accordance with the provisions hereof, for the purpose of prospecting for coal, oil, or gas therein, upon the approval by the Secretary of the Interior of a bond or undertaking to be filed with him as security for the payment of all damages to the crops and improvements on such lands by reason of such prospecting. Any person who has acquired from the United States the coal, oil, or gas deposits in any such land, or the right to mine, drill for, or remove the same, may reenter and occupy so much of the surface thereof incident to the mining and removal of the coal, oil, or gas therefrom, and mine and remove the coal or drill for and remove oil and gas upon payment of the damages caused thereby to the owner thereof, or upon giving a good and sufficient bond or undertaking in an action instituted in any competent court to ascertain and fix said damages: Provided, That the owner under such limited patent shall have the right to mine the coal for use on the land for domestic purposes at any time prior to the disposal by the United States of the coal deposits: Provided further, That nothing in this Act shall be construed as authorizing the exploration upon or entry of any coal deposits withdrawn from such exploration and purchase.

(Mar. 8, 1922, ch. 96, §2, 42 Stat. 416; Pub. L. 85–725, §2, Aug. 23, 1958, 72 Stat. 730; Pub. L. 94–579, title VII, §703(c), Oct. 21, 1976, 90 Stat. 2791.)

References in Text

Act of March 8, 1922 and this Act, referred to in text, is act Mar. 8, 1922, ch. 96, 42 Stat. 415, as amended, which is classified to sections 270–11 to 270–13 of this title. The provisions added by the act of Aug. 17, 1961, and amended by the act of Oct. 3, 1962 were classified to section 270–13 of this title. Sections 270–11 and 270–13 of this title were repealed by section 703(a) of Pub. L. 94–579. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 377 of Title 48, Territories and Insular Possessions.

Amendments

1976—Pub. L. 94–579 substituted provisions relating to disposal by United States of coal, oil, or gas deposits reserved to the United States, applicability of statutory provisions to such disposal, and entry, reentry, etc., on lands for prospecting, mining, and removal of deposits, for provisions relating to patent for land entered under section 270–11 of this title, reservation to the patented land, disposal of reserved coal, oil, or gas deposits, and entry, reentry, etc., on lands for prospecting, mining, and removal of deposits.

1958—Pub. L. 85–725 struck out “And provided further, That nothing herein contained shall be held or construed to authorize the entry or disposition, under section 274 of this title, or under Acts amendatory thereof or supplemental thereto, of withdrawn or classified coal, oil, or gas lands or of lands valuable for coal, oil, or gas”.

Effective Date of 1976 Amendment

Section 703(c) of Pub. L. 94–579 provided that the amendment made by that section is effective on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976.

Savings Provision

Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§§270–13 to 270–17. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section 270–13, act Mar. 8, 1922, ch. 96, §3, as added Aug. 17, 1961, Pub. L. 87–147, 75 Stat. 384; amended Oct. 3, 1962, Pub. L. 87–742, 76 Stat. 740, authorized sale or other disposition of Alaskan lands containing coal, oil, or gas deposits. Section was formerly classified to section 377a of Title 48, Territories and Insular Possessions.

Section 270–14, act July 8, 1916, ch. 228, §3, formerly §2, 39 Stat. 352, renumbered June 28, 1918, ch. 110, 40 Stat. 633, excepted certain lands in Alaska from homestead entry and settlement. Section was formerly classified to section 378 of Title 48.

Section 270–15, acts Apr. 13, 1926, ch. 121, §1, 44 Stat. 243; Apr. 29, 1950, ch. 134, §3, 64 Stat. 93, related to claims and rectangular system of surveys and departure for local or topographic conditions.

Section 270–16, acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; Apr. 13, 1926, ch. 121, §2, 44 Stat. 244; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to additional entries by soldiers.

Section 270–17, act Apr. 13, 1926, ch. 121, §3, 44 Stat. 244, related to disposition of deposit of estimated cost of work incident to survey, and promulgation of rules and regulations.

Effective Date of Repeal

Section 703(a) of Pub. L. 94–579 provided that the repeal made by that section is effective on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

SUBCHAPTER IX—SOLDIERS’ AND SAILORS’ HOMESTEAD

§§271 to 284. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section 271, R.S. §2304; Mar. 1, 1901, ch. 674, 31 Stat. 847, related to soldiers and sailors entitled to make entry.

Section 272, R.S. §2305; Mar. 1, 1901, ch. 674, 31 Stat. 847; Apr. 6, 1922, ch. 122, §1, 42 Stat. 491, related to deduction of military and naval service from time required to perfect title, and rights of widows and children of veterans.

Section 272a, acts Feb. 25, 1919, ch. 37, 40 Stat. 1161; Dec. 28, 1922, ch. 19, 42 Stat. 1067, related to applicability of sections 271 and 272 of this title to military and naval operations on Mexican border or in World War I.

Section 273, act Apr. 6, 1922, ch. 122, §1, 42 Stat. 491, related to veterans receiving compensation for wounds or disability.

Section 274, R.S. §2306, related to additional entry by veteran.

Section 275, act Mar. 3, 1893, ch. 208, 27 Stat. 593; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to invalidity of additional entries, and commutation.

Section 276, act Aug. 18, 1894, ch. 301, §1, 28 Stat. 397, related to issuance of additional homestead certificates.

Section 277, R.S. §2309, related to additional entry by agent.

Section 278, R.S. §2307; Feb. 25, 1919, ch. 37, 40 Stat. 1161; Sept. 21, 1922, ch. 357, 42 Stat. 990, set forth rights of veteran's widow to make entry, and rights of children upon her death.

Section 279, acts Sept. 27, 1944, ch. 421, §1, 58 Stat. 747; June 25, 1946, ch. 474, 60 Stat. 308; May 31, 1947, ch. 88, §1, 61 Stat. 123; June 18, 1954, ch. 306, §1(a), (b), 68 Stat. 253, set forth preference rights of entry of World War II or Korean conflict veterans.

Section 280, acts Sept. 27, 1944, ch. 421, §2, 58 Stat. 748; May 31, 1947, ch. 88, §2, 61 Stat. 123, related to rights of dependents of World War II or Korean conflict veterans.

Section 281, act Sept. 27, 1944, ch. 421, §3, 58 Stat. 748, related to death of World War II or Korean conflict veteran as affecting patent rights of minor children.

Section 282, acts Sept. 27, 1944, ch. 421, §4, 58 Stat. 748; May 31, 1947, ch. 88, §3, 61 Stat. 124; June 18, 1954, ch. 306, §1(c), 68 Stat. 254, related to rights of World War II or Korean conflict veteran on revocation of withdrawal order.

Section 283, acts Sept. 27, 1944, ch. 421, §6, formerly §5, 58 Stat. 748, renumbered §6, June 3, 1948, ch. 399, 62 Stat. 305, related to promulgation of rules and regulations respecting preference right of entry of World War II or Korean conflict veteran.

Section 284, act Sept. 27, 1944, ch. 421, §5, as added June 3, 1948, ch. 399, 62 Stat. 305, defined “homestead” for purposes of preference right of entry of World War II or Korean conflict veteran.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

SUBCHAPTER X—STOCK-RAISING HOMESTEAD

§§291 to 298. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section 291, acts Dec. 29, 1916, ch. 9, §1, 39 Stat. 862; Feb. 28, 1931, ch. 328, 46 Stat. 1454; June 9, 1933, ch. 53, 48 Stat. 119, related to entry on unappropriated, unreserved lands, and lands excepted from entry.

Section 292, acts Dec. 29, 1916, ch. 9, §2, 39 Stat. 862; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; June 6, 1924, ch. 274, 43 Stat. 469; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to designation of lands subject to entry, and application thereof.

Section 293, acts Dec. 29, 1916, ch. 9, §3, 39 Stat. 863; Oct. 25, 1918, ch. 195, 40 Stat. 1016, related to persons entitled to make entries and effect of entries.

Section 294, acts Dec. 29, 1916, ch. 9, §4, 39 Stat. 863; Sept. 29, 1919, ch. 63, 41 Stat. 287, related to additional entries and amount of entry.

Section 295, acts Dec. 29, 1916, ch. 9, §5, 39 Stat. 863; Sept. 29, 1919, ch. 63, 41 Stat. 287, related to persons entitled to make additional entries.

Section 296, act Dec. 29, 1916, ch. 9, §6, 39 Stat. 863, related to heads of families, etc., and relinquishment or reconveyance of land.

Section 297, act Dec. 29, 1916, ch. 9, §7, 39 Stat. 864, related to applicability of commutation provisions to entries.

Section 298, act Dec. 29, 1916, ch. 9, §8, 39 Stat. 864, set forth provisions relating to additional entries and preferential rights.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§299. Reservation of coal and mineral rights

(a) General provisions

All entries made and patents issued under the provisions of this subchapter shall be subject to and contain a reservation to the United States of all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine, and remove the same. The coal and other mineral deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal and mineral land laws in force at the time of such disposal. Any person qualified to locate and enter the coal or other mineral deposits, or having the right to mine and remove the same under the laws of the United States, shall have the right at all times to enter upon the lands entered or patented, as provided by this subchapter, for the purpose of prospecting for coal or other mineral therein, provided he shall not injure, damage, or destroy the permanent improvements of the entryman or patentee, and shall be liable to and shall compensate the entryman or patentee for all damages to the crops on such lands by reason of such prospecting. Any person who has acquired from the United States the coal or other mineral deposits in any such land, or the right to mine and remove the same, may reenter and occupy so much of the surface thereof as may be required for all purposes reasonably incident to the mining or removal of the coal or other minerals, first, upon securing the written consent or waiver of the homestead entryman or patentee; second, upon payment of the damages to crops or other tangible improvements to the owner thereof, where agreement may be had as to the amount thereof; or, third, in lieu of either of the foregoing provisions, upon the execution of a good and sufficient bond or undertaking to the United States for the use and benefit of the entryman or owner of the land, to secure the payment of such damages to the crops or tangible improvements of the entryman or owner, as may be determined and fixed in an action brought upon the bond or undertaking in a court of competent jurisdiction against the principal and sureties thereon, such bond or undertaking to be in form and in accordance with rules and regulations prescribed by the Secretary of the Interior and to be filed with and approved by the officer designated by the Secretary of the Interior of the local land office of the district wherein the land is situate, subject to appeal to the Secretary of the Interior or such officer as he may designate: Provided, That all patents issued for the coal or other mineral deposits herein reserved shall contain appropriate notations declaring them to be subject to the provisions of this subchapter with reference to the disposition, occupancy, and use of the land as permitted to an entryman under this subchapter.

(b) Exploration; location of mining claims; notices

(1) In general

(A) Notwithstanding subsection (a) of this section and any other provision of law to the contrary, after the effective date of this subsection no person other than the surface owner may enter lands subject to this subchapter to explore for, or to locate, a mining claim on such lands without—

(i) filing a notice of intention to locate a mining claim pursuant to paragraph (2); and

(ii) providing notice to the surface owner pursuant to paragraph (3).


(B) Any person who has complied with the requirements referred to in subparagraph (A) may, during the authorized exploration period, in order to locate a mining claim, enter lands subject to this subchapter to undertake mineral activities related to exploration that cause no more than a minimal disturbance of surface resources and do not involve the use of mechanized earthmoving equipment, explosives, the construction of roads, drill pads, or the use of toxic or hazardous materials.

(C) The authorized exploration period referred to in subparagraph (B) shall begin 30 days after notice is provided under paragraph (3) with respect to lands subject to such notice and shall end with the expiration of the 90-day period referred to in paragraph (2)(A) or any extension provided under paragraph (2).

(2) Notice of intention to locate a mining claim

Any person seeking to locate a mining claim on lands subject to this subchapter in order to engage in the mineral activities relating to exploration referred to under paragraph (1)(B) shall file with the Secretary of the Interior a notice of intention to locate a claim on the lands concerned. The notice shall be in such form as the Secretary shall prescribe. The notice shall contain the name and mailing address of the person filing the notice and a legal description of the lands to which the notice applies. The legal description shall be based on the public land survey or on such other description as is sufficient to permit the Secretary to record the notice on the land status records of the Secretary. Whenever any person has filed a notice under this paragraph with respect to any lands, during the 90-day period following the date of such filing, or any extension thereof pursuant to this paragraph, no other person (including the surface owner) may—

(A) file such a notice with respect to any portions of such lands;

(B) explore for minerals or locate a mining claim on any portion of such lands; or

(C) file an application to acquire any interest in any portion of such lands pursuant to section 1719 of this title.


If, within such 90-day period, the person who filed a notice under this paragraph files a plan of operations with the Secretary pursuant to subsection (f) of this section, such 90-day period shall be extended until the approval or disapproval of the plan by the Secretary pursuant to subsection (f) of this section.

(3) Notice to surface owner

Any person who has filed a notice of intention to locate a mining claim under paragraph (2) for any lands subject to this subchapter shall provide written notice of such filing, by registered or certified mail with return receipt, to the surface owner (as evidenced by local tax records) of the lands covered by the notice under paragraph (2). The notice shall be provided at least 30 days before entering such lands and shall contain each of the following:

(A) A brief description of the proposed mineral activities.

(B) A map and legal description of the lands to be subject to mineral exploration.

(C) The name, address and phone number of the person managing such activities.

(D) A statement of the dates on which such activities will take place.

(4) Acreage limitations

The total acreage covered at any time by notices of intention to locate a mining claim under paragraph (2) filed by any person and by affiliates of such person may not exceed 6,400 acres of lands subject to this subchapter in any one State and 1,280 acres of such lands for a single surface owner. For purposes of this paragraph, the term “affiliate” means, with respect to any person, any other person which controls, is controlled by, or is under common control with, such person.

(c) Consent

Notwithstanding subsection (a) of this section and any other provision of law, after the effective date of this subsection no person may engage in the conduct of mineral activities (other than those relating to exploration referred to in subsection (b)(1)B) 1 of this section) on a mining claim located on lands subject to this subchapter without the written consent of the surface owner thereof unless the Secretary has authorized the conduct of such activities under subsection (d) of this section.

(d) Authorized mineral activities

The Secretary shall authorize a person to conduct mineral activities (other than those relating to exploration referred to in subsection (b)(1)(B) of this section) on lands subject to this subchapter without the consent of the surface owner thereof if such person complies with the requirements of subsections (e) and (f) of this section.

(e) Bond

(1) Before the Secretary may authorize any person to conduct mineral activities the Secretary shall require such person to post a bond or other financial guarantee in an amount to insure the completion of reclamation pursuant to this subchapter. Such bond or other financial guarantee shall ensure—

(A) payment to the surface owner, after the completion of such mineral activities and reclamation, compensation for any permanent damages to crops and tangible improvements of the surface owner that resulted from mineral activities; and

(B) payment to the surface owner of compensation for any permanent loss of income of the surface owner due to loss or impairment of grazing, or other uses of the land by the surface owner to the extent that reclamation required by the plan of operations would not permit such uses to continue at the level existing prior to the commencement of mineral activities.


(2) In determining the bond amount to cover permanent loss of income under paragraph (1)(B), the Secretary shall consider, where appropriate, the potential loss of value due to the estimated permanent reduction in utilization of the land.

(f) Plan of operations

(1) Before the Secretary may authorize any person to conduct mineral activities on lands subject to this subchapter, the Secretary shall require such person to submit a plan of operations. Such plan shall include procedures for—

(A) the minimization of damages to crops and tangible improvements of the surface owner;

(B) the minimization of disruption to grazing or other uses of the land by the surface owner; and

(C) payment of a fee for the use of surface during mineral activities equivalent to the loss of income to the ranch operation as established pursuant to subsection (g) of this section.


(2) The Secretary shall provide a copy of the proposed plan of operations to the surface owner at least 45 days prior to the date the Secretary makes a determination as to whether such plan complies with the requirements of this subsection. During such 45-day period the surface owner may submit comments and recommend modifications to the proposed plan of operations to the Secretary.

(3)(A) The Secretary shall, within 60 days of receipt of the plan, approve the plan of operations if it complies with the requirements of this subchapter, including each of the following:

(i) The proposed plan of operations is complete and accurate.

(ii) The person submitting the proposed plan of operations has demonstrated that all other applicable Federal and State requirements have been met.


(B) The Secretary shall notify the person submitting a plan of operations of any modifications to such plan required to bring it into compliance with the requirements of this subchapter. If the person submitting the plan agrees to modify such plan in a manner acceptable to the Secretary, the Secretary shall approve the plan as modified. In the event no agreement can be reached on the modifications to the plan which, in the opinion of the Secretary, will bring such plan into compliance with the requirements of this subchapter, then the Secretary shall disapprove the plan and notify both the surface owner and the person submitting the plan of the decision.

(C) The 60-day period referred to in subparagraph (A) may be extended by the Secretary where additional time is required to comply with other applicable requirements of law.

(D) The Secretary shall suspend or revoke a plan of operation whenever the Secretary determines, on the Secretary's own motion or on a motion made by the surface owner, that the person conducting mineral activities is in substantial noncompliance with the terms and conditions of an approved plan of operations and has failed to remedy a violation after notice from the Secretary within the time required by the Secretary.

(4) Final approval of a plan of operations under this subsection shall be conditioned upon compliance with subsections (e) and (g) of this section.

(g) Fee

The fee referred to in subsection (f)(1) of this section shall be—

(1) paid to the surface owner by the person submitting the plan of operations;

(2) paid in advance of any mineral activities or at such other time or times as may be agreed to by the surface owner and the person conducting such activities; and

(3) established by the Secretary taking into account the acreage involved and the degree of potential disruption to existing surface uses during mineral activities (including the loss of income to the surface owner and such surface owner's operations due to the loss or impairment of existing surface uses for the duration of the mineral activities), except that such fee shall not exceed the fair market value for the surface of the land.

(h) Reclamation

Lands affected by mineral activities under a plan of operations approved pursuant to subsection (f)(3) of this section shall be reclaimed, to the maximum extent practicable, to a condition capable of supporting the uses to which such lands were capable of supporting prior to surface disturbance. Reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities.

(i) State law

(1) Nothing in this subchapter shall be construed as affecting any reclamation, bonding, inspection, enforcement, air or water quality standard or requirement of any State law or regulation which may be applicable to mineral activities on lands subject to this subchapter to the extent that such law or regulation is not inconsistent with this title.2

(2) Nothing in this subchapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, the interest of such person in water resources affected by mineral activities.

(j) Inspections

Should any surface owner of land subject to this subchapter have reason to believe that they are or may be adversely affected by mineral activities due to any violation of the terms and conditions of a plan of operations approved under subsection (f) of this section, such surface owner may request an inspection of such lands. The Secretary shall determine within 10 days of the receipt of the request whether the request states a reason to believe that a violation exists, except in the event the surface owner alleges and provides reason to believe that an imminent danger exists, the 10-day period shall be waived and the inspection conducted immediately. When an inspection is conducted under this paragraph, the Secretary shall notify the surface owner and such surface owner shall be allowed to accompany the inspector on the inspection.

(k) Damages for failure to comply

(1) Whenever the surface owner of any land subject to this subchapter has suffered any permanent damages to crops or tangible improvements of the surface owner, or any permanent loss of income due to loss or impairment of grazing, or other uses of the land by the surface owner, if such damages or loss result from—

(A) any mineral activity undertaken without the consent of the surface owner under subsection (c) of this section or an authorization by the Secretary under subsection (d) of this section; or

(B) the failure of the person conducting mineral activities to remedy to the satisfaction of the Secretary any substantial noncompliance with the terms and conditions of a plan under subsection (f) of this section;


the surface owner may bring an action in the appropriate United States district court for, and the court may award, double damages plus costs for willful misconduct or gross negligence.

(2) The surface owner of any land subject to this subchapter may also bring an action in the appropriate United States district court for double damages plus costs for willful misconduct or gross negligence against any person undertaking any mineral activities on lands subject to this subchapter in violation of any requirement of subsection (b) of this section.

(3) Any double damages plus costs awarded by the court under this subsection shall be reduced by the amount of any compensation which the surface owner has received (or is eligible to receive) pursuant to the bond or financial guarantee required under subsection (e) of this section.

(l) Payment of financial guarantee

The surface owner of any land subject to this subchapter may petition the Secretary for payment of all or any portion of a bond or other financial guarantee required under subsection (e) of this section as compensation for any permanent damages to crops and tangible improvements of the surface owner, or any permanent loss of income due to loss or impairment of grazing, or other uses of the land by the surface owner. Pursuant to such a petition, the Secretary may use such bond or other guarantee to provide compensation to the surface owner for such damages and to insure the required reclamation.

(m) Bond release

The Secretary shall release the bond or other financial guarantee required under subsection (e) of this section upon the successful completion of all requirements pursuant to a plan of operations approved under subsection (f) of this section.

(n) Conveyance to surface owner

The Secretary shall take such actions as may be necessary to simplify the procedures which must be complied with by surface owners of lands subject to this subchapter who apply to the Secretary to obtain title to interests in such lands owned by the United States.

(o) Definitions

For the purposes of subsections (b) through (n) of this section—

(1) The term “mineral activities” means any activity for, related to or incidental to mineral exploration, mining, and beneficiation activities for any locatable mineral on a mining claim. When used with respect to this term—

(A) the term “exploration” means those techniques employed to locate the presence of a locatable mineral deposit and to establish its nature, position, size, shape, grade and value;

(B) the term “mining” means the processes employed for the extraction of a locatable mineral from the earth; and

(C) the term “beneficiation” means the crushing and grinding of locatable mineral ore and such processes are employed to free the mineral from the other constituents, including but not necessarily limited to, physical and chemical separation techniques.


(2) The term “mining claim” means a claim located under the general mining laws of the United States (which generally comprise 30 U.S.C. chapters 2, 12A, and 16, and sections 161 and 162) subject to the terms and conditions of subsections (b) through (p) of this section.

(3) The term “tangible improvements” includes agricultural, residential and commercial improvements, including improvements made by residential subdividers.

(p) Minerals covered

Subsections (b) through (o) of this section apply only to minerals not subject to disposition under—

(1) the Mineral Leasing Act (30 U.S.C. 181 and following);

(2) the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.]; or

(3) the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following).

(Dec. 29, 1916, ch. 9, §9, 39 Stat. 864; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 103–23, §1(a), (b), Apr. 16, 1993, 107 Stat. 60, 65.)

References in Text

The effective date of this subsection, referred to in subsecs. (b)(1)(A) and (c), is the date 180 days after Apr. 16, 1993.

This title, referred to in subsec. (i)(1), is unidentifiable because act Dec. 29, 1916, does not contain titles.

The Mineral Leasing Act, referred to in subsec. (p)(1), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which is classified generally to chapter 3A (§181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables.

The Geothermal Steam Act of 1970, referred to in subsec. (p)(2), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566, as amended, which is classified principally to chapter 23 (§1001 et seq.) of Title 30. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 30 and Tables.

The Materials Act of 1947, referred to in subsec. (p)(3), is act July 31, 1947, ch. 406, 61 Stat. 681, as amended, which is classified generally to subchapter I (§601 et seq.) of chapter 15 of Title 30. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 30 and Tables.

Amendments

1993—Pub. L. 103–23 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (p).

Effective Date of 1993 Amendment

Section 1(c) of Pub. L. 103–23 provided that: “The amendments made by this Act [amending this section] shall take effect 180 days after the date of enactment [Apr. 16, 1993].”

Regulations

Section 1(d) of Pub. L. 103–23 provided that: “The Secretary of the Interior shall issue final regulations to implement the amendments made by this Act [amending this section] not later than the effective date of this Act [see Effective Date of 1993 Amendment note above]. Failure to promulgate these regulations by reason of any appeal or judicial review shall not delay the effective date as specified in paragraph (c).”

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.

Words “officer designated by the Secretary of the Interior” substituted for “register” and “Secretary of the Interior or such officer as he may designate” substituted for “Commissioner of the General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

Act Mar. 3, 1925, abolished office of surveyor general and transferred administration of all activities in charge of surveyors general to Field Surveying Service under jurisdiction of United States Supervisor of Surveys.

Report to Congress on Foreign Mineral Interests

Section 2 of Pub. L. 103–23 directed Secretary of the Interior to submit report to Congress within 2 years after Apr. 16, 1993, on acquisition of mineral interests made after such date by foreign firms on lands subject to this section.

1 So in original. Probably should be subsection “(b)(1)(B)”.

2 See References in Text note below.

§300. Repealed. Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792

Section, acts Dec. 29, 1916, ch. 9, §10, 39 Stat. 865; Jan. 29, 1929, ch. 114, 45 Stat. 1144, set forth provisions authorizing reservation of land containing water holes.

Effective Date of Repeal

Section 704(a) of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§301. Rules and regulations

The Secretary of the Interior is authorized to make all necessary rules and regulations in harmony with the provisions and purposes of this subchapter for the purpose of carrying the same into effect.

(Dec. 29, 1916, ch. 9, §11, 39 Stat. 865.)

§302. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section, act Mar. 4, 1923, ch. 245, §2, 42 Stat. 1445, related to additional entries, and lands in national forests.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

CHAPTER 8—TIMBER AND STONE LANDS

§§311 to 313. Repealed. Aug. 1, 1955, ch. 448, 69 Stat. 434

Section 311, acts June 3, 1878, ch. 151, §1, 20 Stat. 89; Aug. 4, 1892, ch. 375, §2, 27 Stat. 348; May 18, 1898, ch. 344, §1, 30 Stat. 418, authorized sale of public lands valuable chiefly for timber or stone.

Section 312, acts June 3, 1878, ch. 151, §2, 20 Stat. 89; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided for applications for purchase of timber and stone lands.

Section 313, act June 3, 1878, ch. 151, §3, 20 Stat. 90, provided for publication of applications to purchase timber and stone lands, patent and entry.

Existing Rights and Claims

Act Aug. 1, 1955, provided that the repeal of sections 311 to 313 is subject to valid existing rights and claims.

CHAPTER 8A—GRAZING LANDS

SUBCHAPTER I—GENERALLY

Sec.
315.
Grazing districts; establishment; restrictions; prior rights; rights-of-way; hearing and notice; hunting or fishing rights.
315a.
Protection, administration, regulation, and improvement of districts; rules and regulations; study of erosion and flood control; offenses.
315b.
Grazing permits; fees; vested water rights; permits not to create right in land.
315c.
Fences, wells, reservoirs, and other improvements; construction; permits; partition fences.
315d.
Grazing stock for domestic purposes; use of natural resources.
315e.
Rights of way; development of mineral resources.
315f.
Homestead entry within district or withdrawn lands; classification; preferences.
315g, 315g–1. Repealed.
315h.
Cooperation with associations, land officials, and agencies engaged in conservation or propagation of wildlife; local hearings on appeals; acceptance and use of contributions.
315i.
Disposition of moneys received; availability for improvements.
315j.
Appropriation of moneys received; application of public-land laws to Indian ceded lands; application for mineral title to lands.
315k.
Cooperation with governmental departments; coordination of range administration.
315l.
Lands under national-forest administration.
315m.
Lease of isolated or disconnected tracts for grazing; preferences.
315m–1.
Lease of State, county, or privately owned lands; period of lease; rental.
315m–2.
Administration of leased lands.
315m–3.
Availability of contributions received.
315m–4.
Disposition of receipts; availability for leasing of land.
315n.
State police power not abridged.
315o.
Repealed.
315o–1.
Board of grazing district advisers; composition; meetings; duties.
315o–2.
Animals and equipment for field employees.
315p.
Repealed.
315q.
Withdrawal of lands for war or national defense purposes; payment for cancellation of permits or licenses.
315r.
Rental payments in advance in case of withdrawal of lands for war or national defense purposes.

        

SUBCHAPTER II—ALASKA

316.
Declaration of policy.
316a.
Definitions.
316b.
Grazing districts.
316c.
Alteration of grazing districts.
316d.
Notice of establishment and alteration of grazing district; hearings.
316e.
Preferences.
316f.
Terms and conditions of lease.
316g.
Grazing fees.
316h.
Dispositions of receipts.
316i.
Assignment of leases.
316j.
Improvements to leasehold.
316k.
Penalties.
316l.
Stock driveways and free grazing.
316m.
Hearing and appeals.
316n.
Administration.
316o.
Laws applicable.

        

SUBCHAPTER I—GENERALLY

§315. Grazing districts; establishment; restrictions; prior rights; rights-of-way; hearing and notice; hunting or fishing rights

In order to promote the highest use of the public lands pending its final disposal, the Secretary of the Interior is authorized, in his discretion, by order to establish grazing districts or additions thereto and/or to modify the boundaries thereof, of vacant, unappropriated, and unreserved lands from any part of the public domain of the United States (exclusive of Alaska), which are not in national forests, national parks and monuments, Indian reservations, revested Oregon and California Railroad grant lands, or revested Coos Bay Wagon Road grant lands, and which in his opinion are chiefly valuable for grazing and raising forage crops: Provided, That no lands withdrawn or reserved for any other purpose shall be included in any such district except with the approval of the head of the department having jurisdiction thereof. Nothing in this subchapter shall be construed in any way to diminish, restrict, or impair any right which has been heretofore or may be hereafter initiated under existing law validly affecting the public lands, and which is maintained pursuant to such law except as otherwise expressly provided in this subchapter nor to affect any land heretofore or hereafter surveyed which, except for the provisions of this subchapter, would be a part of any grant to any State, nor as limiting or restricting the power or authority of any State as to matters within its jurisdiction. Whenever any grazing district is established pursuant to this subchapter, the Secretary shall grant to owners of land adjacent to such district, upon application of any such owner, such rights-of-way over the lands included in such district for stock-driving purposes as may be necessary for the convenient access by any such owner to marketing facilities or to lands not within such district owned by such person or upon which such person has stock-grazing rights. Neither this subchapter nor the Act of December 29, 1916 (39 Stat. 862; U.S.C., title 43, secs. 291 and following), commonly known as the “Stock Raising Homestead Act”, shall be construed as limiting the authority or policy of Congress or the President to include in national forests public lands of the character described in section 471 1 of title 16, for the purposes set forth in section 475 of title 16, or such other purposes as Congress may specify. Before grazing districts are created in any State as herein provided, a hearing shall be held in the State, after public notice thereof shall have been given, at such location convenient for the attendance of State officials, and the settlers, residents, and livestock owners of the vicinity, as may be determined by the Secretary of the Interior. No such district shall be established until the expiration of ninety days after such notice shall have been given, nor until twenty days after such hearing shall be held: Provided, however, That the publication of such notice shall have the effect of withdrawing all public lands within the exterior boundary of such proposed grazing districts from all forms of entry of settlement. Nothing in this subchapter shall be construed as in any way altering or restricting the right to hunt or fish within a grazing district in accordance with the laws of the United States or of any State, or as vesting in any permittee any right whatsoever to interfere with hunting or fishing within a grazing district.

(June 28, 1934, ch. 865, §1, 48 Stat. 1269; June 26, 1936, ch. 842, title I, §1, 49 Stat. 1976; May 28, 1954, ch. 243, §2, 68 Stat. 151.)

References in Text

The Stock Raising Homestead Act, referred to in text, is act Dec. 29, 1916, ch. 9, 39 Stat. 862, as amended, which was classified generally to subchapter X (§291 et seq.) of chapter 7 of this title and was repealed by Pub. L. 94–579, title VII, §§702, 704(a), Oct. 21, 1976, 90 Stat. 2787, 2792, except for sections 9 and 11 which are classified to sections 299 and 301, respectively, of this title. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.

Section 471 of title 16, referred to in text, was repealed by Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792.

Amendments

1954—Act May 28, 1954, struck out of first sentence provision limiting to one hundred and forty-two million acres the area which might be included in grazing districts.

1936—Act June 26, 1936, increased acreage which could be included in grazing districts from 80 million to 142 million acres.

Short Title

Act June 28, 1934, which enacted this subchapter, is popularly known as the “Taylor Grazing Act”.

1 See References in Text note below.

§315a. Protection, administration, regulation, and improvement of districts; rules and regulations; study of erosion and flood control; offenses

The Secretary of the Interior shall make provision for the protection, administration, regulation, and improvement of such grazing districts as may be created under the authority of section 315 of this title, and he shall make such rules and regulations and establish such service, enter into such cooperative agreements, and do any and all things necessary to accomplish the purposes of this subchapter and to insure the objects of such grazing districts, namely, to regulate their occupancy and use, to preserve the land and its resources from destruction or unnecessary injury, to provide for the orderly use, improvement, and development of the range; and the Secretary of the Interior is authorized to continue the study of erosion and flood control and to perform such work as may be necessary amply to protect and rehabilitate the areas subject to the provisions of this subchapter, through such funds as may be made available for that purpose, and any willful violation of the provisions of this subchapter or of such rules and regulations thereunder after actual notice thereof shall be punishable by a fine of not more than $500.

(June 28, 1934, ch. 865, §2, 48 Stat. 1270.)

§315b. Grazing permits; fees; vested water rights; permits not to create right in land

The Secretary of the Interior is authorized to issue or cause to be issued permits to graze livestock on such grazing districts to such bona fide settlers, residents, and other stock owners as under his rules and regulations are entitled to participate in the use of the range, upon the payment annually of reasonable fees in each case to be fixed or determined from time to time in accordance with governing law. Grazing permits shall be issued only to citizens of the United States or to those who have filed the necessary declarations of intention to become such, as required by the naturalization laws, and to groups, associations, or corporations authorized to conduct business under the laws of the State in which the grazing district is located. Preference shall be given in the issuance of grazing permits to those within or near a district who are landowners engaged in the livestock business, bona fide occupants or settlers, or owners of water or water rights, as may be necessary to permit the proper use of lands, water or water rights owned, occupied, or leased by them, except that until July 1, 1935, no preference shall be given in the issuance of such permits to any such owner, occupant, or settler, whose rights were acquired between January 1, 1934, and December 31, 1934, both dates, inclusive, except that no permittee complying with the rules and regulations laid down by the Secretary of the Interior shall be denied the renewal of such permit, if such denial will impair the value of the grazing unit of the permittee, when such unit is pledged as security for any bona fide loan. Such permits shall be for a period of not more than ten years, subject to the preference right of the permittees to renewal in the discretion of the Secretary of the Interior, who shall specify from time to time numbers of stock and seasons of use. During periods of range depletion due to severe drought or other natural causes, or in case of a general epidemic of disease, during the life of the permit, the Secretary of the Interior is authorized, in his discretion to remit, reduce, refund in whole or in part, or authorize postponement of payment of grazing fees for such depletion period so long as the emergency exists: Provided further, That nothing in this subchapter shall be construed or administered in any way to diminish or impair any right to the possession and use of water for mining, agriculture, manufacture, or other purposes which has heretofore vested or accrued under existing law validly affecting the public lands or which may be hereafter initiated or acquired and maintained in accordance with such law. So far as consistent with the purposes and provisions of this subchapter, grazing privileges recognized and acknowledged shall be adequately safeguarded, but the creation of a grazing district or the issuance of a permit pursuant to the provisions of this subchapter shall not create any right, title, interest, or estate in or to the lands.

(June 28, 1934, ch. 865, §3, 48 Stat. 1270; Aug. 6, 1947, ch. 507, §1, 61 Stat. 790; Pub. L. 94–579, title IV, §401(b)(3), Oct. 21, 1976, 90 Stat. 2773.)

Amendments

1976—Pub. L. 94–579 substituted provisions authorizing fees to be fixed in accordance with governing law, for provisions authorizing fees to take into account public benefits to users of grazing districts over and above benefits accruing to users of forage resources and provisions requiring fees to consist of a grazing fee and a range-improvement fee.

1947—Act Aug. 6, 1947, provided for method to be used by Secretary of the Interior in fixing amount of grazing fees and by assessing a separate grazing fee and a range-improvement fee.

Savings Provision

Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§315c. Fences, wells, reservoirs, and other improvements; construction; permits; partition fences

Fences, wells, reservoirs, and other improvements necessary to the care and management of the permitted livestock may be constructed on the public lands within such grazing districts under permit issued by the authority of the Secretary, or under such cooperative arrangement as the Secretary may approve. Permittees shall be required by the Secretary of the Interior to comply with the provisions of law of the State within which the grazing district is located with respect to the cost and maintenance of partition fences. No permit shall be issued which shall entitle the permittee to the use of such improvements constructed and owned by a prior occupant until the applicant has paid to such prior occupant the reasonable value of such improvements to be determined under rules and regulations of the Secretary of the Interior. The decision of the Secretary in such cases is to be final and conclusive.

(June 28, 1934, ch. 865, §4, 48 Stat. 1271.)

§315d. Grazing stock for domestic purposes; use of natural resources

The Secretary of the Interior shall permit, under regulations to be prescribed by him, the free grazing within such districts of livestock kept for domestic purposes; and provided that so far as authorized by existing law or laws hereinafter enacted, nothing contained in this subchapter shall prevent the use of timber, stone, gravel, clay, coal, and other deposits by miners, prospectors for mineral, bona fide settlers and residents, for firewood, fencing, buildings, mining, prospecting, and domestic purposes within areas subject to the provisions of this subchapter.

(June 28, 1934, ch. 865, §5, 48 Stat. 1271.)

§315e. Rights of way; development of mineral resources

Nothing contained in this subchapter shall restrict the acquisition, granting or use of permits or rights of way within grazing districts under existing law; or ingress or egress over the public lands in such districts for all proper and lawful purposes; and nothing contained in this subchapter shall restrict prospecting, locating, developing, mining, entering, leasing, or patenting the mineral resources of such districts under law applicable thereto.

(June 28, 1934, ch. 865, §6, 48 Stat. 1272.)

§315f. Homestead entry within district or withdrawn lands; classification; preferences

The Secretary of the Interior is authorized, in his discretion, to examine and classify any lands withdrawn or reserved by Executive order of November 26, 1934 (numbered 6910), and amendments thereto, and Executive order of February 5, 1935 (numbered 6964), or within a grazing district, which are more valuable or suitable for the production of agricultural crops than for the production of native grasses and forage plants, or more valuable or suitable for any other use than for the use provided for under this subchapter or proper for acquisition in satisfaction of any outstanding lieu, exchange or script 1 rights or land grant, and to open such lands to entry, selection, or location for disposal in accordance with such classification under applicable public-land laws, except that homestead entries shall not be allowed for tracts exceeding three hundred and twenty acres in area. Such lands shall not be subject to disposition, settlement, or occupation until after the same have been classified and opened to entry: Provided, That locations and entries under the mining laws including the Act of February 25, 1920, as amended [30 U.S.C. 181 et seq.], may be made upon such withdrawn and reserved areas without regard to classification and without restrictions or limitation by any provision of this subchapter. Where such lands are located within grazing districts reasonable notice shall be given by the Secretary of the Interior to any grazing permittee of such lands. The applicant, after his entry, selection, or location is allowed, shall be entitled to the possession and use of such lands: Provided, That upon the application of any applicant qualified to make entry, selection, or location, under the public-land laws, filed in the land office of the proper district, the Secretary of the Interior shall cause any tract to be classified, and such application, if allowed by the Secretary of the Interior, shall entitle the applicant to a preference right to enter, select, or locate such lands if opened to entry as herein provided.

(June 28, 1934, ch. 865, §7, 48 Stat. 1272; June 26, 1936, ch. 842, title I, §2, 49 Stat. 1976.)

References in Text

Act of February 25, 1920, as amended, referred to in text, is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§181 et seq.) of Title 30. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables.

Amendments

1936—Act June 26, 1936, amended section generally.

1 So in original. Probably should be “scrip”.

§§315g, 315g–1. Repealed. Pub. L. 94–579, title VII, §705(a), Oct. 21, 1976, 90 Stat. 2792

Section 315g, acts June 28, 1934, ch. 865, §8, 48 Stat. 1272; June 26, 1936, ch. 842, title I, §3, 49 Stat. 1976; June 19, 1948, ch. 548, §1, 62 Stat. 533, related to acceptance of donations of grazing lands.

Section 315g–1, Pub. L. 87–524, July 9, 1962, 76 Stat. 140, authorized lands acquired under former section 315g of this title which were parts of national forests to be continued in such status.

Effective Date of Repeal

Section 705(a) of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§315h. Cooperation with associations, land officials, and agencies engaged in conservation or propagation of wildlife; local hearings on appeals; acceptance and use of contributions

The Secretary of the Interior shall provide, by suitable rules and regulations, for cooperation with local associations of stockmen, State land officials, and official State agencies engaged in conservation or propagation of wildlife interested in the use of the grazing districts. The Secretary of the Interior shall provide by appropriate rules and regulations for local hearings on appeals from the decisions of the administrative officer in charge in a manner similar to the procedure in the land department. The Secretary of the Interior shall also be empowered to accept contributions toward the administration, protection, and improvement of lands within or without the exterior boundaries of a grazing district, moneys, so received to be covered into the Treasury as a special fund, which is appropriated and made available until expended, as the Secretary of the Interior may direct, for payment of expenses incident to said administration, protection, and improvement, and for refunds to depositors of amounts contributed by them in excess of their share of the cost.

(June 28, 1934, ch. 865, §9, 48 Stat. 1273; June 19, 1948, ch. 548, §2, 62 Stat. 533.)

Amendments

1948—Act June 19, 1948, substituted “lands within or without the external boundaries of a grazing district” for “the district” in third sentence, in order to permit acceptance of lands without boundaries of grazing district.

§315i. Disposition of moneys received; availability for improvements

Except as provided in sections 315h and 315j of this title, all moneys received under the authority of this subchapter shall be deposited in the Treasury of the United States as miscellaneous receipts, but the following proportions of the moneys so received shall be distributed as follows: (a) 12½ per centum of the moneys collected as grazing fees under section 315b of this title during any fiscal year shall be paid at the end thereof by the Secretary of the Treasury to the State in which the grazing districts producing such moneys are situated, to be expended as the State legislature of such State may prescribe for the benefit of the county or counties in which the grazing districts producing such moneys are situated: Provided, That if any grazing district is in more than one State or county, the distributive share to each from the proceeds of said district shall be proportional to its area in said district; (b) 50 per centum of all moneys collected under section 315m of this title 1 during any fiscal year shall be paid at the end thereof by the Secretary of the Treasury to the State in which the lands producing such moneys are located, to be expended as the State legislature of such State may prescribe for the benefit of the county or counties in which the lands producing such moneys are located: Provided, That if any leased tract is in more than one State or county, the distributive share to each from the proceeds of said leased tract shall be proportional to its area in said leased tract.

(June 28, 1934, ch. 865, §10, 48 Stat. 1273; June 26, 1936, ch. 842, title I, §4, 49 Stat. 1978; Aug. 6, 1947, ch. 507, §2, 61 Stat. 790; Pub. L. 94–579, title IV, §401(b)(2), Oct. 21, 1976, 90 Stat. 2773.)

References in Text

Section 315m of this title, referred to in text, was in the original “said section”, referring back to section 315m cited in a preceding provision which was deleted by Pub. L. 94–579 without correction to phrase “said section”.

Amendments

1976—Pub. L. 94–579 in cl. (b) struck out authorization of availability of 25 per centum of all moneys collected under section 315m of this title during any fiscal year for construction, etc., of range improvements.

1947—Act Aug. 6, 1947, reduced States’ share of grazing fees collected under section 315b of this title from 50 to 12½ per centum and provided for distribution of grazing fees collected under section 315m of this title with 25 per centum available for range improvements and 50 per centum paid to the State.

1936—Act June 26, 1936, substituted “under this subchapter during any fiscal year” for “from each grazing district during any fiscal year”, wherever appearing, “in which the grazing districts or lands producing such moneys are situated” for “in which said grazing district is situated” wherever appearing, and inserted in proviso “or leased tract” after “grazing district” wherever appearing.

Savings Provision

Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

1 See References in Text note below.

§315j. Appropriation of moneys received; application of public-land laws to Indian ceded lands; application for mineral title to lands

When appropriated by Congress, 331/3 per centum of all grazing fees received from each grazing district on Indian lands ceded to the United States for disposition under the public-land laws during any fiscal year shall be paid at the end thereof by the Secretary of the Treasury to the State in which said lands are situated, to be expended as the State legislature may prescribe for the benefit of public schools and public roads of the county or counties in which such grazing lands are situated. And the remaining 662/3 per centum of all grazing fees received from such grazing lands shall be deposited to the credit of the Indians pending final disposition under applicable laws, treaties, or agreements. The applicable public land laws as to said Indian ceded lands within a district created under this subchapter shall continue in operation, except that each and every application for nonmineral title to said lands in a district created under this subchapter shall be allowed only if in the opinion of the Secretary of the Interior the land is of the character suited to disposal through the Act under which application is made and such entry and disposal will not affect adversely the best public interest, but no settlement or occupation of such lands shall be permitted until ninety days after allowance of an application.

(June 28, 1934, ch. 865, §11, 48 Stat. 1273; Aug. 6, 1947, ch. 507, §3, 61 Stat. 791.)

Amendments

1947—Act Aug. 6, 1947, provided that 331/3 per centum of grazing fees on certain Indian lands be paid to the States and the remaining 662/3 per centum of such fees be credited to the Indians.

§315k. Cooperation with governmental departments; coordination of range administration

The Secretary of the Interior is authorized to cooperate with any department of the Government in carrying out the purposes of this subchapter and in the coordination of range administration, particularly where the same stock grazes part time in a grazing district and part time in a national forest or other reservation.

(June 28, 1934, ch. 865, §12, 48 Stat. 1274.)

§315l. Lands under national-forest administration

The President of the United States is authorized to reserve by proclamation and place under national-forest administration in any State where national forests may be created or enlarged by Executive order any unappropriated public lands lying within watersheds forming a part of the national forests which, in his opinion, can best be administered in connection with existing national-forest administration units, and to place under the Interior Department administration any lands within national forests, principally valuable for grazing, which, in his opinion, can best be administered under the provisions of this subchapter: Provided, That such reservations or transfers shall not interfere with legal rights acquired under any public-land laws so long as such rights are legally maintained. Lands placed under the national-forest administration under the authority of this subchapter shall be subject to all the laws and regulations relating to national forests, and lands placed under the Interior Department administration shall be subject to all public-land laws and regulations applicable to grazing districts created under authority of this subchapter. Nothing in this section shall be construed so as to limit the powers of the President (relating to reorganizations in the executive departments) granted by sections 124 to 132 of title 5.1

(June 28, 1934, ch. 865, §13, 48 Stat. 1274.)

References in Text

Sections 124 to 132 of title 5, referred to in text, was in the original “title 4 of the Act entitled ‘An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes’, approved March 3, 1933”, meaning Title IV of Part II (§§401–409) of the Legislative Appropriation Act, fiscal year 1933, as amended generally by section 16 of act Mar. 3, 1933, ch. 212, 47 Stat. 1517, which was classified to sections 124 to 132 of former Title 5, Executive Departments and Government Officers and Employees. Sections 124 to 131 of former Title 5 were repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, the first section of which enacted Title 5, Government Organization and Employees, and section 132 of former Title 5 was omitted as executed pursuant to its own terms.

1 See References in Text note below.

§315m. Lease of isolated or disconnected tracts for grazing; preferences

The Secretary of the Interior is further authorized, in his discretion, where vacant, unappropriated, and unreserved lands of the public domain are so situated as not to justify their inclusion in any grazing district to be established pursuant to this subchapter, to lease any such lands for grazing purposes, upon such terms and conditions as the Secretary may prescribe: Provided, That preference shall be given to owners, homesteaders, lessees, or other lawful occupants of contiguous lands to the extent necessary to permit proper use of such contiguous lands, except, that when such isolated or disconnected tracts embrace seven hundred and sixty acres or less, the owners, homesteaders, lessees, or other lawful occupants of lands contiguous thereto or cornering thereon shall have a preference right to lease the whole of such tract, during a period of ninety days after such tract is offered for lease, upon the terms and conditions prescribed by the Secretary: Provided further, That when public lands are restored from a withdrawal, the Secretary may grant an appropriate preference right for a grazing lease, license, or permit to users of the land for grazing purposes under authority of the agency which had jurisdiction over the lands immediately prior to the time of their restoration.

(June 28, 1934, ch. 865, §15, 48 Stat. 1275; June 26, 1936, ch. 842, title I, §5, 49 Stat. 1978; May 28, 1954, ch. 243, §1, 68 Stat. 151.)

Amendments

1954—Act May 28, 1954, inserted proviso authorizing Secretary to grant a preference right to users of withdrawn public lands for grazing purposes when lands are restored from withdrawal.

1936—Act June 26, 1936, inserted first proviso.

§315m–1. Lease of State, county, or privately owned lands; period of lease; rental

The Secretary of the Interior in his discretion is authorized to lease at rates to be determined by him any State, county, or privately owned lands chiefly valuable for grazing purposes and lying within the exterior boundaries of a grazing district when, in his judgment, the leasing of such lands will promote the orderly use of the district and aid in conserving the forage resources of the public lands therein: Provided, That no such leases shall run for a period of more than ten years and in no event shall the grazing fees paid the United States for the grazing privileges on any of the lands leased under the provisions of this section be less than the rental paid by the United States for any of such lands: Provided further, That nothing in this section shall be construed as authorizing the appropriation of any moneys except that moneys heretofore or hereafter appropriated for construction, purchase, and maintenance of range improvements within grazing districts, pursuant to the provisions of sections 315i and 315j of this title, may be made additionally available by Congress for the leasing of land under this section and sections 315m–2 to 315m–4 of this title.

(June 23, 1938, ch. 603, §1, 52 Stat. 1033.)

Codification

Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter.

§315m–2. Administration of leased lands

The lands leased under sections 315m–1 to 315m–4 of this title shall be administered under the provisions of the Act of June 28, 1934 (48 Stat. 1269), as amended June 26, 1936 (49 Stat. 1976), commonly known as the Taylor Grazing Act.

(June 23, 1938, ch. 603, §2, 52 Stat. 1033.)

References in Text

Act of June 28, 1934 (48 Stat. 1269), as amended June 26, 1936 (49 Stat. 1976), referred to in text, is act June 28, 1934, ch. 865, 48 Stat. 1269, as amended, known as the Taylor Grazing Act, which is classified principally to this subchapter (§315 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 315 of this title and Tables.

Codification

Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter.

§315m–3. Availability of contributions received

Contributions received by the Secretary of the Interior under section 315h of this title, toward the administration, protection, and improvement of any district shall be additionally available for the leasing of lands under sections 315m–1 to 315m–4 of this title.

(June 23, 1938, ch. 603, §3, 52 Stat. 1033.)

Codification

Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter.

§315m–4. Disposition of receipts; availability for leasing of land

All moneys received by the Secretary of the Interior in the administration of leased lands as provided in section 315m–2 of this title shall be deposited in the Treasury of the United States as miscellaneous receipts, but are made available, when appropriated by the Congress, for the leasing of lands under sections 315m–1 to 315m–4 of this title and shall not be distributed as provided under sections 315i and 315j of this title.

(June 23, 1938, ch. 603, §4, 52 Stat. 1033.)

Codification

Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter.

§315n. State police power not abridged

Nothing in this subchapter shall be construed as restricting the respective States from enforcing any and all statutes enacted for police regulation, nor shall the police power of the respective States be, by this subchapter, impaired or restricted, and all laws heretofore enacted by the respective States or any thereof, or that may hereafter be enacted as regards public health or public welfare, shall at all times be in full force and effect: Provided, however, That nothing in this section shall be construed as limiting or restricting the power and authority of the United States.

(June 28, 1934, ch. 865, §16, 48 Stat. 1275.)

§315o. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 649

Section, act June 28, 1934, ch. 865, §17, as added June 26, 1936, ch. 842, §6, 49 Stat. 1978, authorized the President to select a Director of Grazing and the Secretary of the Interior to appoint assistant directors and employees.

§315o–1. Board of grazing district advisers; composition; meetings; duties

(a) In order that the Secretary of the Interior may have the benefit of the fullest information and advice concerning physical, economic, and other local conditions in the several grazing districts, there shall be an advisory board of local stockmen in each such district, the members of which shall be known as grazing district advisers. Each such board shall consist of not less than five nor more than twelve members, exclusive of wildlife representatives, one such representative to be appointed by the Secretary, in his discretion, to membership on each such board. Except for such wildlife representatives, the names of the members of each district advisory board shall be recommended to the Secretary by the users of the range in that district through an election conducted under rules and regulations prescribed by the Secretary. No grazing district adviser so recommended, however, shall assume office until he has been appointed by the Secretary and has taken an oath of office. The Secretary may, after due notice, remove any grazing district adviser from office if in his opinion such removal would be for the good of the service.

(b) Each district advisory board shall meet at least once annually at a time to be fixed by the Secretary of the Interior, or by such other officer to whom the Secretary may delegate the function of issuing grazing permits, and at such other times as its members may be called by such officer. Each board shall offer advice and make a recommendation on each application for such a grazing permit within its district: Provided, That in no case shall any grazing district adviser participate in any advice or recommendation concerning a permit, or an application therefor, in which he is directly or indirectly interested. Each board shall further offer advice or make recommendations concerning rules and regulations for the administration of this subchapter, the establishment of grazing districts and the modification of the boundaries thereof, the seasons of use and carrying capacity of the range, and any other matters affecting the administration of this subchapter within the district. Except in a case where in the judgment of the Secretary an emergency shall exist, the Secretary shall request the advice of the advisory board in advance of the promulgation of any rules and regulations affecting the district.

(June 28, 1934, ch. 865, §18, as added July 14, 1939, ch. 270, 53 Stat. 1002; amended 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Transfer of Functions

“Secretary of the Interior” substituted for “Director of Grazing” in subsec. (b) on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished Grazing Service and transferred functions of Grazing Service to a new agency in Department of the Interior to be known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.

Termination of Advisory Boards

Advisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law. Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§315o–2. Animals and equipment for field employees

The Secretary of the Interior may require field employees of the Bureau of Land Management to furnish horses and miscellaneous equipment necessary for the performance of their official work and may provide at Government expense forage, care, and housing for such animals and equipment.

(Dec. 18, 1942, ch. 769, 56 Stat. 1067; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter.

Transfer of Functions

“Bureau of Land Management” substituted for “Grazing Service” on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished Grazing Service and transferred functions of Grazing Service to a new agency to be known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.

§315p. Repealed. Pub. L. 94–579, title VII, §705(a), Oct. 21, 1976, 90 Stat. 2792

Section, act Aug. 24, 1937, ch. 744, 50 Stat. 748, authorized issuance of patents for lands acquired under exchange provisions of former section 315g of this title.

Effective Date of Repeal

Section 705(a) of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§315q. Withdrawal of lands for war or national defense purposes; payment for cancellation of permits or licenses

Whenever use for war or national defense purposes of the public domain or other property owned by or under the control of the United States prevents its use for grazing, persons holding grazing permits or licenses and persons whose grazing permits or licenses have been or will be canceled because of such use shall be paid out of the funds appropriated or allocated for such project such amounts as the head of the department or agency so using the lands shall determine to be fair and reasonable for the losses suffered by such persons as a result of the use of such lands for war or national defense purposes. Such payments shall be deemed payment in full for such losses. Nothing contained in this section shall be construed to create any liability not now existing against the United States.

(July 9, 1942, ch. 500, 56 Stat. 654; May 28, 1948, ch. 353, §1, 62 Stat. 277.)

Codification

Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter.

Amendments

1948—Act May 28, 1948, inserted “or national defense” between “war” and “purposes” wherever appearing.

Effective Date of 1948 Amendment

Section 2 of act May 28, 1948, provided that: “This amendment [amending this section] is to take effect as of July 25, 1947.”

Termination of War and Emergencies

Joint Res. July 25, 1947, ch. 327, §3, 61 Stat. 451, provided that in the interpretation of this section, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941.

§315r. Rental payments in advance in case of withdrawal of lands for war or national defense purposes

In administering the provisions of section 315q of this title, payments of rentals may be made in advance.

(Oct. 29, 1949, ch. 787, title III, §301, 63 Stat. 996.)

Codification

Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter.

SUBCHAPTER II—ALASKA

§316. Declaration of policy

It is declared to be the policy of Congress in promoting the conservation of the natural resources of Alaska to provide for the protection and development of forage plants and for the beneficial utilization thereof for grazing by livestock under such regulations as may be considered necessary and consistent with the purposes and provisions of this subchapter. In effectuating this policy the use of these lands for grazing shall be subordinated (a) to the development of their mineral resources, (b) to the protection, development, and utilization of their forests, (c) to the protection, development, and utilization of their water resources, (d) to their use for agriculture, and (e) to the protection, development, and utilization of such other resources as may be of greater benefit to the public.

(Mar. 4, 1927, ch. 513, §1, 44 Stat. 1452.)

Codification

Section was formerly classified to section 471 of Title 48, Territories and Insular Possessions.

Short Title

Act Mar. 4, 1927, ch. 513, which is classified to this subchapter, is popularly known as the “Alaska Livestock Grazing Act”.

§316a. Definitions

As used in this subchapter—

(1) The term “person” means individual, partnership, corporation, or association.

(2) The term “district” means any grazing district established under the provisions of section 316b of this title.

(3) The term “Secretary” means the Secretary of the Interior.

(4) The term “lessee” means the holder of any lease.

(Mar. 4, 1927, ch. 513, §2, 44 Stat. 1452.)

Codification

Section was formerly classified to section 471a of Title 48, Territories and Insular Possessions.

§316b. Grazing districts

(a) The Secretary may establish grazing districts upon any public lands outside of the Aleutian Islands Reservation, national forests, and other reservations administered by the Secretary of Agriculture and outside of national parks and monuments which, in his opinion, are valuable for the grazing of livestock. Such districts may include such areas of surveyed and unsurveyed lands as he determines may be conveniently administered as a unit, even if such areas are neither contiguous nor adjacent.

(b) The Secretary, after the establishment of a district, is authorized to lease the grazing privileges therein in accordance with the provisions of this subchapter.1

(Mar. 4, 1927, ch. 513, §3, 44 Stat. 1452.)

References in Text

This subchapter, referred to in subsec. (b), was in the original “this title” and has been translated as if the reference was to “this Act” to reflect the probable intent of Congress inasmuch as the act of Mar. 4, 1927, was not divided into titles.

Codification

Section was formerly classified to section 471b of Title 48, Territories and Insular Possessions.

1 See References in Text note below.

§316c. Alteration of grazing districts

After any district is established the area embraced therein may be altered in any of the following ways:

(1) The Secretary may add to such districts any public lands which, in his opinion, should be made a part of the district.

(2) The Secretary, subject to existing rights of any lessee, may exclude from such district any lands which he determines are no longer valuable for grazing purposes or are more valuable for other purposes.

(3) The Secretary may enter into cooperative agreement with any person, in respect of the administration, as a part of a district, of lands owned by such person which are contiguous or adjacent to such district or any part thereof.

(Mar. 4, 1927, ch. 513, §4, 44 Stat. 1452.)

Codification

Section was formerly classified to section 471c of Title 48, Territories and Insular Possessions.

§316d. Notice of establishment and alteration of grazing district; hearings

Before establishing or altering a district the Secretary shall publish once a week for a period of six consecutive weeks in a newspaper of general circulation in each judicial division in which the district proposed to be established or altered is located, a notice describing the boundaries of the proposed district or the proposed alteration, announcing the date on which he proposes to establish such district or make such alteration and the location and date of hearings required under this section. No such alteration shall be made until after public hearings are held with respect to such alteration in each such judicial division after the publishing of such notice.

(Mar. 4, 1927, ch. 513, §5, 44 Stat. 1453; Pub. L. 90–403, §1, July 18, 1968, 82 Stat. 358.)

Codification

Section was formerly classified to section 471d of Title 48, Territories and Insular Possessions.

Amendments

1968—Pub. L. 90–403 required publication of notice of alteration of a grazing district in each judicial division in which the district proposed to be altered is located, the notice to describe the boundaries of the proposed alteration and location and date of requisite hearings, and also public hearings with respect to the alteration to be held in each such judicial division prior to making the alteration.

§316e. Preferences

In considering applications to lease grazing privileges the Secretary shall, as far as is consistent with the efficient administration of the grazing district, prefer (1) natives, (2) other occupants of the range, and (3) settlers over all other applicants.

(Mar. 4, 1927, ch. 513, §6, 44 Stat. 1453.)

Codification

Section was formerly classified to section 471e of Title 48, Territories and Insular Possessions.

§316f. Terms and conditions of lease

(a) Period of lease

A lease may be made for such term as the Secretary deems reasonable, but not to exceed fifty-five years, taking into consideration all factors that are relevant to the exercise of the grazing privileges conferred.

(b) Size of leasehold

Leases shall be made for grazing on a definite area except where local conditions or the administration of grazing privileges makes more practicable a lease based on the number of stock to be grazed.

(c) Terms for surrender of lease

Each lease shall provide that the lessee may surrender his lease, and, if he has complied with the terms and conditions of the lease to the time of surrender, may avoid further liability for fees thereunder by giving written notice to the Secretary of such surrender. The lease shall specify the length of time of notice, which shall not exceed one year.

(d) Terms for renewal of lease

Each lease shall provide that the lessee may negotiate for renewal of such lease, subject to the provisions of this subchapter, at any time during the final five years of the term of such lease.

(Mar. 4, 1927, ch. 513, §7, 44 Stat. 1453; Pub. L. 90–403, §2, July 18, 1968, 82 Stat. 358.)

Codification

Section was formerly classified to section 471f of Title 48, Territories and Insular Possessions.

Amendments

1968—Subsec. (a). Pub. L. 90–403, §2(a), substituted provisions for reasonable term of leases, limited to fifty-five years, and based on all factors relevant to exercise of grazing privileges for prior provisions for twenty year leases, except where land may be required for other than grazing purposes within a ten year period, and for shorter term leases as desired by applicant.

Subsec. (d). Pub. L. 90–403, §2(b), added subsec. (d).

§316g. Grazing fees

(a) The Secretary shall determine for each lease the grazing fee to be paid. Such fee shall—

(1) Be fixed on the basis of the area leased or on the basis of the number and kind of stock permitted to be grazed;

(2) Be fixed, for the period of the lease, as a seasonal or annual fee, payable annually or semi-annually on the date specified in the lease;

(3) Be fixed with due regard to the general economic value of the grazing privileges, and in no case shall exceed such value; and

(4) Be moderate.


(b) If the Secretary determines such action to be for the public interest by reason of (1) depletion or destruction of the range by any cause beyond the control of the lessee, or (2) calamity or disease causing wholesale destruction of or injury to livestock, he may grant an extension of time for making payment of any grazing fee undue any lease, reduce the amount of any such payment, or release or discharge the lessee from making such payment.

(Mar. 4, 1927, ch. 513, §8, 44 Stat. 1453.)

Codification

Section was formerly classified to section 471g of Title 48, Territories and Insular Possessions.

§316h. Dispositions of receipts

All moneys received during any fiscal year on account of such fees in excess of the actual cost of administration of this subchapter shall be paid at the end thereof by the Secretary of the Treasury to the Territory of Alaska, to be expended in such manner as the Legislature of the Territory may direct for the benefit of public education and roads.

(Mar. 4, 1927, ch. 513, §9, 44 Stat. 1453.)

Codification

Section was formerly classified to section 471h of Title 48, Territories and Insular Possessions.

Admission of Alaska as State

Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

§316i. Assignment of leases

The lessee may, with the approval of the Secretary, assign in whole or in part any lease, and to the extent of such assignment be relieved from any liability in respect of such lease, accruing subsequent to the effective date of such assignment.

(Mar. 4, 1927, ch. 513, §10, 44 Stat. 1453.)

Codification

Section was formerly classified to section 471i of Title 48, Territories and Insular Possessions.

§316j. Improvements to leasehold

(a) Authorization

The Secretary may authorize a lessee to construct and/or maintain and utilize upon any area included within the provisions of his lease any fence, building, corral, reservoir, well or other improvements needed for the exercise of the grazing privileges of the lessee within such area; but any such fence shall be constructed as to permit the ingress and egress of miners, prospectors for minerals, and other persons entitled to enter such area for lawful purposes.

(b) Removal of improvement upon termination of lease

The lessee shall be given ninety days from the date of termination of his lease for any cause to remove from the area included within the provisions of his lease any fence, building, corral, or other removable range improvement owned or controlled by him.

(c) Payment for improvement upon termination of lease

If such lessee notifies the Secretary on or before the termination of his lease of his determination to leave on the land any improvements the construction or maintenance of which has been authorized by the Secretary, no other person shall use or occupy under any grazing lease, or entry under any public land law, the land on which any such improvements are located until there has been paid to the person entitled thereto the value of such improvements as determined by the Secretary.

(Mar. 4, 1927, ch. 513, §11, 44 Stat. 1454.)

Codification

Section was formerly classified to section 471j of Title 48, Territories and Insular Possessions.

§316k. Penalties

Within one year from the date of the establishment of any district the Secretary shall give notice by publication in one or more newspapers of general circulation in each judicial division in which such district or any part thereof is located that after the date specified in such notice it shall be unlawful for any person to graze any class of livestock on lands in such district except under authority of a lease made or permission granted by the Secretary; and any person who willfully grazes livestock on such lands after such date and without such authority shall, upon conviction, be punished by a fine of not more than $500.

(Mar. 4, 1927, ch. 513, §12, 44 Stat. 1454.)

Codification

Section was formerly classified to section 471k of Title 48, Territories and Insular Possessions.

§316l. Stock driveways and free grazing

(a) Establishment, maintenance and regulation

The Secretary may establish and maintain, and regulate the use of, stock driveways in districts and may charge a fee for or permit the free use of such driveways.

(b) Grazing of livestock free of charge

The Secretary may permit any person, including prospectors and miners, to graze free of charge a small number of livestock upon any land included within any grazing district.

(c) Grazing allotments to Eskimos or other native or half-breed

The Secretary may in his discretion grant a permit or lease for a grazing allotment without charge on unallotted public lands to any Eskimo or other native or half-breed. Whenever such native or half-breed grazes his livestock through cooperative agreement on allotment held by other lessee or permittee, any grazing fees charged for said allotment shall be reduced in proportion to the relative number of such native owned livestock to the total number on said allotment.

(Mar. 4, 1927, ch. 513, §13, 44 Stat. 1454.)

Codification

Section was formerly classified to section 471l of Title 48, Territories and Insular Possessions.

§316m. Hearing and appeals

(a) Any lessee of or applicant for grazing privileges, including any person described in subsection (c) of section 316l of this title, may procure a review of any action or decision of any officer or employee of the Interior Department in respect of such privileges, by filing with such officer as the Secretary of the Interior may designate of the local land office an application for a hearing, stating the nature of the action or decision complained of and the grounds of complaint. Upon the filing of any such application such officer of such land office shall proceed to review such action or decision as nearly as may be in accordance with the rules of practice then applicable to applications to contest entries under the public land law. Subject to such rules of practice, appeals may be taken by any party in interest from the decision of such officer to the Secretary.

(b) The Secretary shall take no action which will adversely affect rights under any lease pursuant to this subchapter until notifying the holder of such lease that such action is proposed and giving such holder an opportunity for a hearing.

(Mar. 4, 1927, ch. 513, §14, 44 Stat. 1454; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 90–403, §3, July 18, 1968, 82 Stat. 358.)

Codification

Section was formerly classified to section 471m of Title 48, Territories and Insular Possessions.

Amendments

1968—Pub. L. 90–403 designated existing provisions as subsec. (a) and added subsec. (b).

Transfer of Functions

“Secretary” substituted for “Commissioner of the General Land Office” and “such officer as the Secretary of the Interior may designate” and “such officer” substituted for “register” on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished General Land Office and Commissioner thereof and transferred functions of General Land Office to a new agency in Department of the Interior to be known as Bureau of Land Management, and functions of Commissioner of General Land Office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.

§316n. Administration

(a) The Secretary shall promulgate all rules and regulations necessary to the administration of this subchapter,1 shall execute its provisions, and may (1) in accordance with the civil service laws appoint such employees and in accordance with chapter 51 and subchapter III of chapter 53 of title 5 fix their compensation, and (2) make such expenditures (including expenditures for personal service and rent at the seat of government and elsewhere, for law books, books of reference, periodicals, and for printing and binding) as may be necessary efficiently to execute the provisions of this subchapter.1

(b) The Secretary of Agriculture is authorized to continue investigations, experiments and demonstrations for the welfare, improvement, and increase of the reindeer industry in Alaska, and upon the request of the Secretary of the Interior to cooperate in matters pertaining to the care of plant and animal life, including reindeer.

(Mar. 4, 1927, ch. 513, §15, 44 Stat. 1455; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972.)

References in Text

This subchapter, referred to in subsec. (a), was in the original “this title” and has been translated as if the reference was to “this Act” to reflect the probable intent of Congress inasmuch as the act of Mar. 4, 1927, was not divided into titles.

Codification

In subsec. (a), “chapter 51 and subchapter III of chapter 53 of title 5” substituted for “the Classification act of 1949, as amended” on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Section was formerly classified to section 471n of Title 48, Territories and Insular Possessions.

Amendments

1949—Subsec. (a). Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.

Repeals

Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, §8, Sept. 6, 1966, 80 Stat. 632, 655.

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.

1 See References in Text note below.

§316o. Laws applicable

Laws now applicable to lands or resources in the Territory of Alaska shall continue in force and effect to the same extent and in the same manner after March 4, 1927, as before, and nothing in this subchapter shall preclude or prevent ingress or egress upon the lands in districts for any purpose authorized by any such law, including prospecting for and extraction of minerals.

(Mar. 4, 1927, ch. 513, §16, 44 Stat. 1455.)

Codification

Section was formerly classified to section 471o of Title 48, Territories and Insular Possessions.

Admission of Alaska as State

Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

CHAPTER 9—DESERT-LAND ENTRIES

Sec.
321.
Entry right generally; extent of right to appropriate waters.
322.
Desert lands defined; question how determined.
323.
Application to certain States.
324.
Assignment of entries.
325.
Resident citizenship of State as qualification for entry.
326.
Unsurveyed lands not subject to entry; preferential right of entry after survey.
327.
Filing irrigation plan; association of entrymen.
328.
Expenditures and cultivation requirements.
329.
Issue of patent on final proof; citizenship requirement as to patentee; limit as to amount of holding.
330.
Desert-land entry in addition to homestead entry.
331.
Reclamation requirements waived in favor of disabled soldiers, etc.
332.
Omitted.
333.
Extension of time for completion of irrigation works.
334.
Further extension of time for final proofs.
335.
Further extension in cases not covered by sections 333 and 334 of this title.
336.
Further extension in addition to that authorized by sections 333 to 335 of this title.
336a to 336d. Repealed or Omitted.
337.
Entry, after expenditures, perfected as homestead entry.
338.
Election to perfect entry; final proof.
339.
Perfection of title to entry; supplementary provisions to sections 335, 337, and 338.

        

§321. Entry right generally; extent of right to appropriate waters

It shall be lawful for any citizen of the United States, or any person of requisite age “who may be entitled to become a citizen, and who has filed his declaration to become such” and upon payment of 25 cents per acre—to file a declaration under oath with the officer designated by the Secretary of the Interior of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one-half section, by conducting water upon the same, within the period of three years thereafter: Provided, however, That the right to the use of water by the person so conducting the same, on or to any tract of desert land of three hundred and twenty acres shall depend upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to existing rights. Said declaration shall describe particularly said one-half section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as possible without a survey. At any time within the period of three years after filing said declaration, upon making satisfactory proof to the officer designated by the Secretary of the Interior of the reclamation of said tract of land in the manner aforesaid, and upon the payment to such officer of the additional sum of $1 per acre for a tract of land not exceeding three hundred and twenty acres to any one person, a patent for the same shall be issued to him. Except as provided in section 3 of the Act of June 16, 1955, as amended, no person may make more than one entry under sections 321 to 323, 325, and 327 to 329 of this title. However, in that entry one or more tracts may be included, and the tracts so entered need not be contiguous. The aggregate acreage of desert land which may be entered by any one person under this section shall not exceed three hundred and twenty acres, and all the tracts entered by one person shall be sufficiently close to each other to be managed satisfactorily as an economic unit, as determined under rules and regulations issued by the Secretary of the Interior.

(Mar. 3, 1877, ch. 107, §1, 19 Stat. 377; Aug. 30, 1890, ch. 837, §1, 26 Stat. 391; Mar. 3, 1891, ch. 561, §2, 26 Stat. 1096; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 85–641, §1, Aug. 14, 1958, 72 Stat. 596.)

References in Text

Section 3 of the Act of June 16, 1955, referred to in text, is section 3 of act June 16, 1955, ch. 145, 69 Stat. 138, as amended, which is set out as an Additional Desert-Land Entry note under section 83 of Title 30, Mineral Lands and Mining.

Codification

The original text provided for the sale of 640 acres. The aggregate quantity which any person could acquire under all the land laws was limited, however, to 320 acres by act Aug. 30, 1890 (set out as section 212 of this title) except in the case of mineral lands.

Amendments

1958—Pub. L. 85–641 permitted entry on one or more tracts, not contiguous, but sufficiently close to each other to be managed satisfactorily as an economic unit.

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.

“Officer designated by the Secretary of the Interior” and “such officer” substituted for “register” on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of district land offices to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.

Previously, references to register and receiver changed to register by acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated offices of register and receiver and provided for a single officer to be known as register.

Arizona Entries Dependent Upon Percolating Waters

Act Aug. 4, 1955, ch. 548, 69 Stat. 491, provided: “The requirement of section 1 of the Desert Land Act of March 3, 1877 (19 Stat. 377) [this section], that the right to the use of water by a desert land entryman ‘shall depend upon bona fide prior appropriation’ shall be waived in the case of all desert land entries which have heretofore been allowed and are subsisting on the effective date of this Act [Aug. 4, 1955] which are dependent upon percolating waters for their reclamation, and which are situated in the State of Arizona under the laws of which the percolating waters upon which the entries are dependent are not subject to the doctrine of prior appropriation but are usable under State law for irrigation and reclamation purposes.”

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

§322. Desert lands defined; question how determined

All lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of sections 321 to 323, 325, and 327 to 329 of this title, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated.

The determination of what may be considered desert land shall be subject to the decision and regulation of the Secretary of the Interior or such officer as he may designate.

(Mar. 3, 1877, ch. 107, §§2, 3, 19 Stat. 377; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

The first paragraph of this section is from section 2 of act Mar. 3, 1877.

The second paragraph of this section is from the last clause of section 3 of act Mar. 3, 1877. The first clause of section 3 is incorporated in section 323 of this title.

Transfer of Functions

“Secretary of the Interior or such officer as he may designate” substituted for “Commissioner of the General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished General Land Office and Commissioner thereof and transferred functions of General Land Office to a new agency in Department of the Interior to be known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

§323. Application to certain States

Sections 321 to 323, 325, and 327 to 329 of this title shall only apply to and take effect in the States of California, Colorado, Oregon, Nevada, Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and North and South Dakota.

(Mar. 3, 1877, ch. 107, §§3, 8, 19 Stat. 377; Mar. 3, 1891, ch. 561, §2, 26 Stat. 1097; Jan. 6, 1921, ch. 12, 41 Stat. 1086.)

Codification

Section is from the first clause of section 3 of act Mar. 3, 1877, and the first clause of section 8 of act Mar. 3, 1877, as added by act Mar. 3, 1891.

The second clauses of section 3 and 8 of act Mar. 3, 1877, are incorporated in the second paragraph of section 322 and section 325 of this title, respectively.

The first clause of section 3 of act Mar. 3, 1877, provided that “this act shall only apply to and take effect in the States of California, Oregon and Nevada, and the Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico and Dakota”.

The first clause of section 8 of act Mar. 3, 1877, as added by act Mar. 3, 1891, provided for the inclusion of Colorado.

The Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico and Dakota have become States since the enactment of act Mar. 3, 1877, the Territory of Dakota being divided, to form the States of North and South Dakota.

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

§324. Assignment of entries

No assignment after March 28, 1908, of an entry made under sections 321 to 323, 325, and 327 to 329 of this title shall be allowed or recognized, except it be to an individual who is shown to be qualified to make entry under said sections of the land covered by the assigned entry, and such assignments may include all or part of an entry; but no assignment to or for the benefit of any corporation or association shall be authorized or recognized.

(Mar. 28, 1908, ch. 112, §2, 35 Stat. 52.)

§325. Resident citizenship of State as qualification for entry

Excepting in the State of Nevada, no person shall be entitled to make entry of desert lands unless he be a resident citizen of the State or Territory in which the land sought to be entered is located.

(Mar. 3, 1877, ch. 107, §8, as added Mar. 3, 1891, ch. 561, §2, 26 Stat. 1097; amended Jan. 6, 1921, ch. 12, 41 Stat. 1086.)

Codification

Section is comprised of the second clause of section 8 of act Mar. 3, 1877, as added by act Mar. 3, 1891. The first clause of section 8 of act Mar. 3, 1877, is incorporated in section 323 of this title.

Act Jan. 6, 1921, inserted introductory exception phrase.

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

§326. Unsurveyed lands not subject to entry; preferential right of entry after survey

From and after March 28, 1908, the right to make entry of desert lands under the provisions of sections 321 to 323, 325, and 327 to 329 of this title, shall be restricted to surveyed public lands of the character contemplated by said sections, and no such entries of unsurveyed lands shall be allowed or made of record: Provided, however, That any individual qualified to make entry of desert lands under said sections who has, prior to survey, taken possession of a tract of unsurveyed desert land not exceeding in area three hundred and twenty acres in compact form, and has reclaimed or has in good faith commenced the work of reclaiming the same, shall have the preference right to make entry of such tract under said sections, in conformity with the public land surveys, within ninety days after the filing of the approved plat of survey in the district land office.

(Mar. 28, 1908, ch. 112, §1, 35 Stat. 52.)

§327. Filing irrigation plan; association of entrymen

At the time of filing the declaration required in section 321 of this title the party shall also file a map of said land, which shall exhibit a plan showing the mode of contemplated irrigation, and which plan shall be sufficient to thoroughly irrigate and reclaim said land, and prepare it to raise ordinary agricultural corps, and shall also show the source of the water to be used for irrigation and reclamation. Persons entering or proposing to enter separate sections, or fractional parts of sections, of desert lands, may associate together in the construction of canals and ditches for irrigating and reclaiming all of said tracts, and may file a joint map or maps showing their plan of internal improvements.

(Mar. 3, 1877, ch. 107, §4, as added Mar. 3, 1891, ch. 561, §2, 26 Stat. 1096.)

Existing Claims; Repeals

Section 6 of act Mar. 3, 1877, as added by act Mar. 3, 1891, §2, provided that existing claims should not be affected by act Mar. 3, 1891, but might be perfected under sections 321 to 323 of this title, or under sections 325 and 327 to 329 of this title, at the option of the claimant, and also repealed all acts and parts of acts in conflict with act Mar. 3, 1891.

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

§328. Expenditures and cultivation requirements

No land shall be patented to any person under sections 321 to 323, 325, and 327 to 329 of this title unless he or his assignors shall have expended in the necessary irrigation, reclamation, and cultivation thereof, by means of main canals and branch ditches, and in permanent improvements upon the land, and in the purchase of water rights for the irrigation of the same, at least $3 per acre of whole tract reclaimed and patented in the manner following: Within one year after making entry for such tract of desert land as aforesaid the party so entering shall expend not less than $1 per acre for the purposes aforesaid; and he shall in like manner expend the sum of $1 per acre during the second and also during the third year thereafter, until the full sum of $3 per acre is so expended. Said party shall file during each year with the officer designated by the Secretary of the Interior proof, by the affidavits of two or more credible witnesses, that the full sum of $1 per acre has been expended in such necessary improvements during such year, and the manner in which expended, and at the expiration of the third year a map or plan showing the character and extent of such improvements. If any party who has made such application shall fail during any year to file the testimony aforesaid the lands shall revert to the United States, and the 25 cents advanced payment shall be forfeited to the United States, and the entry shall be canceled. Nothing herein contained shall prevent a claimant from making his final entry and receiving his patent at an earlier date than hereinbefore prescribed, provided that he then makes the required proof of reclamation to the aggregate extent of $3 per acre: Provided, That proof be further required of the cultivation of one-eighth of the land.

(Mar. 3, 1877, ch. 107, §5, as added Mar. 3, 1891, ch. 561, §2, 26 Stat. 1096; amended 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

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.

“Officer designated by the Secretary of the Interior” substituted for “register” on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of district land offices to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

§329. Issue of patent on final proof; citizenship requirement as to patentee; limit as to amount of holding

At any time after filing the declaration, and within the period of four years thereafter, upon making satisfactory proof to the officer designated by the Secretary of the Interior of the reclamation and cultivation of said land to the extent and cost and in the manner aforesaid, and substantially in accordance with the plans herein provided for, and that he or she is a citizen of the United States, and upon payment to such officer of the additional sum of $1 per acre for said land, a patent shall issue therefor to the applicant or his assigns; but no person or association of persons shall hold by assignment or otherwise prior to the issue of patent, more than three hundred and twenty acres of such arid or desert lands, but this section shall not apply to entries made or initiated prior to March 3, 1891: Provided, however, That additional proofs may be required at any time within the period prescribed by law, and that the claims or entries made under sections 321 to 323, 325, and 327 to 329 of this title shall be subject to contest, as provided by the law, relating to homestead cases, for illegal inception, abandonment, or failure to comply with the requirements of law, and upon satisfactory proof thereof shall be canceled, and the lands, and moneys paid therefor, shall be forfeited to the United States.

(Mar. 3, 1877, ch. 107, §7, as added Mar. 3, 1891, ch. 561, §2, 26 Stat. 1097; amended Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

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.

“Officer designated by the Secretary of the Interior” substituted for “register” on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of register of district land offices to Secretary of the Interior. See section 403 of Reorg. Plan No. 3, 1946, set out as a note under section 1 of this title.

Previously, references to register and receiver changed to register by acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated offices of register and receiver and provided for a single officer to be known as register.

Five-Year Period

The period of four years prescribed by this section was extended to five years as to pending entries where the time for final proof had not expired prior to Jan. 1, 1894, by act Aug. 4, 1894, ch. 208, 28 Stat. 226.

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

§330. Desert-land entry in addition to homestead entry

The right to make a desert-land entry shall not be denied to any applicant therefor who has already made an enlarged homestead entry of three hundred and twenty acres: Provided, That said applicant is a duly qualified entryman and the whole area to be acquired as an enlarged homestead entry and under the provisions of this section does not exceed four hundred and eighty acres.

(Feb. 27, 1917, ch. 134, 39 Stat. 946.)

§331. Reclamation requirements waived in favor of disabled soldiers, etc.

Any entryman under the desert-land laws, or any person entitled to preference right of entry under section 326 of this title, who after application or entry for surveyed lands or legal initiation of claim for unsurveyed lands, and prior to November 11, 1918, enlisted or was actually engaged in the United States Army, Navy, or Marine Corps during the war with Germany, who has been honorably discharged and because of physical incapacities due to service is unable to accomplish reclamation of and payment for the land, may make proof without further reclamation thereof or payments thereon under such rules and regulations as may be prescribed by the Secretary of the Interior, and receive patent for the land by him so entered or claimed, if found entitled thereto: Provided, That no such patent shall issue prior to the survey of the land.

(Mar. 1, 1921, ch. 102, §2, as added Dec. 15, 1921, ch. 3, 42 Stat. 348.)

§332. Omitted

Codification

Section, act Aug. 7, 1917, ch. 48, 40 Stat. 250, suspended expenditure and cultivation requirements during World War I.

§333. Extension of time for completion of irrigation works

Any entryman under sections 321 to 323, 325, and 327 to 329 of this title who shall show to the satisfaction of the Secretary of the Interior or such officer as he may designate that he has in good faith complied with the terms, requirements, and provisions of said sections, but that because of some unavoidable delay in the construction of the irrigating works intended to convey water to the said lands, he is, without fault on his part, unable to make proof of the reclamation and cultivation of said land, as required by said sections, shall, upon filing his corroborated affidavit with the land office in which said land is located, setting forth said facts, be allowed an additional period of not to exceed three years, within the discretion of the Secretary or such officer, within which to furnish proof as required by said sections of the completion of said work.

(Mar. 28, 1908, ch. 112, §3, 35 Stat. 52; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

“Secretary of the Interior or such officer as he may designate” and “Secretary or such officer” substituted for “Commissioner of the General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished General Land Offices and Commissioner thereof and transferred function of General Land Office to a new agency in Department of the Interior to be known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.

Other Extension Periods

Act June 24, 1921, ch. 28, 42 Stat. 66, provided that desert-land entries in certain townships in Riverside County, California, should not be canceled prior to May 1, 1923, for failure to make annual or final proof, that the requirements of the law should become operative from that date, and that a further extension might be granted.

A further extension of time to make final proof on desert-land entries in the counties of Benton, Yakima, and Klickitat, in the State of Washington, was authorized by act Feb. 28, 1911, ch. 180, 36 Stat. 960.

Previous provisions for extension of time for making final proofs under entries of desert lands in certain cases were made by act Aug. 4, 1894, ch. 208, 28 Stat. 226.

§334. Further extension of time for final proofs

The Secretary of the Interior may, in his discretion, in addition to the extension authorized by section 333 of this title or other law existing prior to April 30, 1912, grant to any entryman under the desert-land laws a further extension of the time within which he is required to make final proof: Provided, That such entryman shall, by his corroborated affidavit filed in the land office of the district where such land is located, show to the satisfaction of the Secretary that because of unavoidable delay in the construction of irrigation works intended to convey water to the land embraced in his entry he is, without fault on his part, unable to make proof of the reclamation and cultivation of said lands as required by law within the time limited therefor; but such extension shall not be granted for a period of more than three years, and this section shall not affect contests initiated for a valid existing reason: Provided, That the total extension of the statutory period for making final proof that may be allowed in any one case under this section, and any other statutes existing prior to April 30, 1912, of either general or local application, shall be limited to six years in the aggregate.

(Apr. 30, 1912, ch. 101, 37 Stat. 106.)

§335. Further extension in cases not covered by sections 333 and 334 of this title

The Secretary of the Interior may, in his discretion, extend the time within which final proof is required to be submitted upon any lawful pending desert-land entry made prior to March 4, 1915, such extension not to exceed three years from the date of allowance thereof: Provided, That the entryman or his duly qualified assignee has, in good faith, complied with the requirements of law as to yearly expenditures and proof thereof, and shall show, under rules and regulations to be prescribed by the Secretary of the Interior, that there is a reasonable prospect that, if the extension is granted, he will be able to make the final proof of reclamation, irrigation, and cultivation required by law: Provided further, That the foregoing shall apply only to cases wherein an extension or further extension of time may not properly be allowed under sections 333 and 334 of this title or other law existing prior to March 4, 1915: Provided further, That in cases where such entries have been assigned prior to March 4, 1915, the assignees shall, if otherwise qualified, be entitled to the benefit hereof.

(Mar. 4, 1915, ch. 147, §5, 38 Stat. 1161; Mar. 21, 1918, ch. 26, 40 Stat. 458.)

Codification

Section is comprised of second paragraph of section 5 of act Mar. 4, 1915. First paragraph of such section 5, which was classified to section 26 of former Title 41, Public Contracts, was repealed by act June 30, 1949, ch. 288, title VI, §602(a)(26), 63 Stat. 401, eff. July 1, 1949, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583; third and fourth paragraphs of such section 5 are classified to sections 337 and 338 of this title, respectively.

Act Mar. 21, 1918 extended provisions to include entries made prior to Mar. 4, 1915, and added the last proviso. Act Mar. 4, 1915, related to entries made prior to July 1, 1914.

§336. Further extension in addition to that authorized by sections 333 to 335 of this title

The Secretary of the Interior may, in his discretion, in addition to the extensions authorized by sections 333 to 335 of this title or other law existing prior to February 25, 1925, grant to any entryman under the desert-land laws of the United States a further extension of time of not to exceed three years within which to make final proof: Provided, That such entryman shall, by his corroborated affidavit, filed in the land office of the district where such land is located, show to the satisfaction of the Secretary that because of unavoidable delay in the construction of the irrigation works intended to convey water to the land embraced in his entry, he is, without fault on his part, unable to make proof of the reclamation and cultivation of said lands as required by law within the time limited therefor: And provided further, That the entryman, his heirs, or his duly qualified assignee, has in good faith complied with the requirements of law as to yearly expenditures and proof thereof, and shall show, under rules and regulations to be prescribed by the Secretary of the Interior, that there is a reasonable prospect that if the extension is granted he will be able to make the final proof of reclamation, irrigation, and cultivation required by law.

(Feb. 25, 1925, ch. 329, 43 Stat. 982.)

§§336a, 336b. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section 336a, act July 30, 1956, ch. 778, §1, 70 Stat. 715, related to absence during 1956 to 1959 due to economic conditions and protection of rights of entryman.

Section 336b, act July 30, 1956, ch. 778, §2, 70 Stat. 716, related to homestead or desert land applications on file as of Mar. 1, 1956, and entries and rights of United States.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§336c. Omitted

Codification

Section, act July 30, 1956, ch. 778, §3, 70 Stat. 716, provided that property rights of an entryman making an election under section 336a of this title or whose entry is allowed under section 336b of this title was a personal right, inheritable but not assignable.

§336d. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section, act July 30, 1956, ch. 778, §4, 70 Stat. 716, set forth lands subject to protection of rights of entryman.

Effective Date of Repeal

Section 702 of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§337. Entry, after expenditures, perfected as homestead entry

Where it shall be made to appear to the satisfaction of the Secretary of the Interior, under rules and regulations to be prescribed by him, with reference to any lawful pending desert-land entry made prior to March 4, 1915, under which the entryman or his duly qualified assignee under an assignment made prior to March 4, 1915, has, in good faith, expended the sum of $3 per acre in the attempt to effect reclamation of the land, that there is no reasonable prospect that, if the extension allowed by section 335 of this title or any law existing prior to March 4, 1915, were granted, he would be able to secure water sufficient to effect reclamation of the irrigable land in his entry or any legal subdivision thereof, the Secretary of the Interior may, in his discretion, allow such entryman or assignee five years from notice within which to perfect the entry in the manner required of a homestead entryman: Provided, That in cases where such entries have been assigned prior to March 4, 1915, the assignees shall, if otherwise qualified, be entitled to the benefit hereof.

(Mar. 4, 1915, ch. 147, §5, 38 Stat. 1161; Mar. 21, 1918, ch. 26, 40 Stat. 458.)

Codification

Section is comprised of third paragraph of section 5 of act Mar. 4, 1915. First paragraph of such section 5, which was classified to section 26 of former Title 41, Public Contracts, was repealed by act June 30, 1949, ch. 288, title VI, §602(a)(26), 63 Stat. 401, eff. July 1, 1949, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583; second and fourth pars. of such section 5 are classified to sections 335 and 338 of this title, respectively.

Act Mar. 21, 1918 extended the provisions to include entries made prior to Mar. 4, 1915 and added the last proviso. Act Mar. 4, 1915 related to entries made prior to July 1, 1914.

§338. Election to perfect entry; final proof

Any desert-land entryman or his assignee entitled to the benefit of section 337 of this title may, if he shall so elect within sixty days from the notice therein provided, pay to the officer designated by the Secretary of the Interior of the local land office the sum of 50 cents per acre for each acre embraced in the entry, and thereafter perfect such entry upon proof that he has upon the tract permanent improvements conducive to the agricultural development thereof of the value of not less than $1.25 per acre, and that he has, in good faith, used the land for agricultural purposes for three years and the payment to the officer, at the time of final proof, of the sum of 75 cents per acre: Provided, That in such case final proof may be submitted at any time within five years from the date of the entryman's election to proceed as provided in this section, and in the event of failure to perfect the entry as herein provided, all moneys theretofore paid shall be forfeited and the entry canceled: Provided, That in cases where such entries have been assigned prior to March 4, 1915, the assignees shall, if otherwise qualified, be entitled to the benefit hereof.

(Mar. 4, 1915, ch. 147, §5, 38 Stat. 1162; Mar. 21, 1918, ch. 26, 40 Stat. 458; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Codification

Section is comprised of fourth paragraph of section 5 of act Mar. 4, 1915. First paragraph of such section 5, which was classified to section 26 of former Title 41, Public Contracts, was repealed by act June 30, 1949, ch. 288, title VI, §602(a)(26), 63 Stat. 401, eff. July 1, 1949, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583; second and third paragraphs of such section 5 are classified to sections 335 and 337 of this title, respectively.

Act Mar. 21, 1918 added the last proviso.

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.

“Officer designated by the Secretary of the Interior” substituted for “register” on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of register of district land offices to Secretary of the Interior. See section 403 of Reorg. Plan No. 3, of 1946, set out as a note under section 1 of this title.

Previously, references to “receiver” changed to “register” by acts Oct. 28, 1921, and Mar. 3, 1925, which consolidated offices of register and receiver and provided for a single officer to be known as register.

§339. Perfection of title to entry; supplementary provisions to sections 335, 337, and 338

Where it shall be made to appear to the satisfaction of the Secretary of the Interior with reference to any lawful pending desert-land entry made prior to July 1, 1925, under which the entryman or his duly qualified assignee under an assignment made prior to March 4, 1929, has in good faith expended the sum of $3 per acre in the attempt to effect reclamation of the land, that there is no reasonable prospect that he would be able to secure water sufficient to effect reclamation of the irrigable land in his entry or any legal subdivision thereof, the Secretary of the Interior may, in his discretion, allow such entryman or assignee ninety days from notice within which to pay to the officer designated by the Secretary of the Interior of the United States land office 25 cents an acre for the land embraced in the entry and to file an election to perfect title to the entry under the provisions of this section, and thereafter within one year from the date of filing of such election to pay to such officer the additional amount of 75 cents an acre, which shall entitle him to a patent for the land: Provided, That in case the final payment be not made within the time prescribed the entry shall be canceled and all money theretofore paid shall be forfeited.

(Mar. 4, 1929, ch. 687, 45 Stat. 1548; Feb. 14, 1934, ch. 9, 48 Stat. 349; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

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.

“Officer designated by the Secretary of the Interior” and “such officer” substituted for “register” on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of register of district land offices to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.

CHAPTER 10—UNDERGROUND-WATER RECLAMATION GRANTS

§§351 to 355. Repealed. Pub. L. 88–417, §1, Aug. 11, 1964, 78 Stat. 389

Section 351, act Oct. 22, 1919, ch. 77, §1, 41 Stat. 293, authorized Secretary of the Interior to grant permits to explore for underground water.

Section 352, acts Oct. 22, 1919, ch. 77, §2, 41 Stat. 294; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to designation by Secretary of lands subject to disposal.

Section 353, acts Oct. 22, 1919, ch. 77, §3, 41 Stat. 294; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to application for permit to explore for under-ground water.

Section 354, act Oct. 22, 1919, ch. 77, §4, 41 Stat. 294, related to conditions of permit and its cancellation for failure to meet them.

Section 355, act Oct. 22, 1919, ch. 77, §5, 41 Stat. 294, related to issuance of a patent to land on the development of a water supply.

Savings Provision

Section 1 of Pub. L. 88–417 provided: “That, subject to any valid rights and obligations existing on the date of approval of this Act [Aug. 11, 1964], the Act of October 22, 1919 (41 Stat. 293; 43 U.S.C. 351–355, 357–360), is hereby repealed.”

Processing of Applications Filed Prior to August 11, 1964

Section 2 of Pub. L. 88–417 provided that: “Any valid application for permit under that Act [this chapter], on file with the Secretary of the Interior on the effective date of this Act [Aug. 11, 1964], may be processed in the same manner as if this Act [repealing sections 351 to 355 and 357 to 360 of this title] had not been enacted.”

§356. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section, act Sept. 22, 1922, ch. 400, 42 Stat. 1012, extended time for development of underground water supplies with reclamation grants.

Effective Date of Repeal

Section 703(a) of Pub. L. 94–579 provided that the repeal made by that section is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§§357 to 360. Repealed. Pub. L. 88–417, §1, Aug. 11, 1964, 78 Stat. 389

Section 357, act Oct. 22, 1919, ch. 77, §6, 41 Stat. 294, provided for disposition of land not included in patents.

Section 358, act Oct. 22, 1919, ch. 77, §7, 41 Stat. 295, provided for payment of proceeds of land sales into reclamation fund.

Section 359, acts Oct. 22, 1919, ch. 77, §8, 41 Stat. 295; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided for reservation to the United States of coal and mineral rights, and for disposition of such reserved rights.

Section 360, act Oct. 22, 1919, ch. 77, §9, 41 Stat. 295, authorized Secretary to prescribe rules and regulations.

Savings Provision

Sections repealed subject to valid rights and obligations existing on Aug. 11, 1964, see section 1 of Pub. L. 88–417, set out as a note under sections 351 to 355 of this title.

Processing of Pending Applications

Processing of applications filed prior to Aug. 11, 1964, to be in same manner as if Pub. L. 88–417 had not been enacted, see section 2 of Pub. L. 88–417, set out as a note under sections 351 to 355 of this title.

CHAPTER 11—DISCOVERY, DEVELOPMENT, AND MARKING OF WATER HOLES, ETC., BY GOVERNMENT

Sec.
361.
Authority to explore for, develop, and mark water holes, etc.
362.
Injury to signposts and filling up or fouling water supply.
363.
Rules and regulations by Secretary.

        

§361. Authority to explore for, develop, and mark water holes, etc.

The Secretary of the Interior is authorized and empowered, in his discretion in so far as the authorization made herein will permit, to discover, develop, protect, and render more accessible for the benefit of the general public, springs, streams, and water holes on arid public lands of the United States; and in connection therewith to erect and maintain suitable and durable monuments and signboards at proper places and intervals along and near the accustomed lines of travel and over the general area of said desert lands, containing information and directions as to the location and nature of said springs, streams, and water holes, to the end that the same may be more readily traced and found by persons in search or need thereof; also to provide convenient and ready means, apparatus, and appliances by which water may be brought to the earth's surface at said water holes for the use of such persons; also to prepare and distribute suitable maps, reports, and general information relating to said springs, streams, and water holes, and their specific location with reference to lines of travel.

(Aug. 21, 1916, ch. 360, §1, 39 Stat. 518.)

§362. Injury to signposts and filling up or fouling water supply

Whoever shall willfully or maliciously injure, destroy, deface, or remove any of said monuments or signposts, or shall willfully or maliciously fill up, render foul, or in anywise destroy or impair the utility of said springs, streams, or water holes, or shall willfully or maliciously interfere with said monuments, signposts, streams, springs, or water holes, or the purposes for which they are maintained and used, shall be fined not more than $1,000 or imprisoned not more than three years, or both.

(Aug. 21, 1916, ch. 360, §3, 39 Stat. 518.)

§363. Rules and regulations by Secretary

The Secretary of the Interior is authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this chapter into full force and effect.

(Aug. 21, 1916, ch. 360, §4, 39 Stat. 518.)

CHAPTER 11A—BOARD ON GEOGRAPHIC NAMES

Sec.
364.
Uniformity in geographic nomenclature and orthography; exercise of functions of Secretary of the Interior.
364a.
Board on Geographic Names; establishment and membership; appointment and term of office.
364b.
Formulation of principles, policies and procedures; action by Secretary; recommendations of Board.
364c.
Studies, investigations, and records; staff assistance; advisory committees.
364d.
Promulgation of decisions; furnishing information.
364e.
Standardization of geographic names; abolition of United States Board on Geographical Names in Department of the Interior; transfer of duties.
364f.
Application to naming of offices or establishments.

        

§364. Uniformity in geographic nomenclature and orthography; exercise of functions of Secretary of the Interior

The Secretary of the Interior, hereinafter called the Secretary, conjointly with the Board on Geographic Names, as hereinafter provided, shall provide for uniformity in geographic nomenclature and orthography throughout the Federal Government. The Secretary may exercise his functions through such officials as he may designate, except that such authority as relates to the final approval or review of actions of the Board on Geographic Names shall be exercised by him, or his Under or Assistant Secretaries.

(July 25, 1947, ch. 330, §1, 61 Stat. 456.)

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.

Authorization of Appropriations

Section 8 of act July 25, 1947, authorized appropriation of such sums as might be necessary to carry out the purposes of this chapter.

§364a. Board on Geographic Names; establishment and membership; appointment and term of office

There is established a Board on Geographic Names, hereinafter called the Board. The membership of the Board shall include one representative from each of the Departments of State, Defense, Interior, Agriculture, and Commerce, and from the Government Printing Office, the United States Postal Service, and the Library of Congress. The Board may also include representatives from such Federal agencies as the Secretary, upon recommendation of the Board, shall from time to time find desirable, even though these agencies are in the departments otherwise represented on the Board. The members of the Board shall be appointed by the respective heads of the departments or independent agencies that they represent. Each member shall be appointed for a two-year term but may be reappointed to successive terms. The members of the Board shall serve without additional compensation. The Board shall nominate a Chairman to be appointed by the Secretary, and shall establish such working committees as are found desirable.

(July 25, 1947, ch. 330, §2, 61 Stat. 456; Aug. 10, 1949, ch. 412, §4, 63 Stat. 579; Pub. L. 91–375, §§4(a), 6(o), Aug. 12, 1970, 84 Stat. 773, 783.)

Amendments

1949—Act Aug. 10, 1949, established Department of Defense as an Executive Department and reduced Departments of the Army, Navy, and Air Force to status of military departments in Department of Defense.

Change of Name

“United States Postal Service” substituted in text for “Post Office Department” pursuant to Pub. L. 91–375, §§4(a), 6(o), Aug. 12, 1970, 84 Stat. 773, 783, which are set out as notes preceding section 101 of Title 39, Postal Service, and under section 201 of Title 39, respectively, which abolished Post Office Department, transferred its functions to United States Postal Service, and provided that references in other laws to Post Office Department be considered a reference to United States Postal Service.

§364b. Formulation of principles, policies and procedures; action by Secretary; recommendations of Board

The Board, subject to the approval of the Secretary, shall formulate principles, policies, and procedures to be followed with reference to both domestic and foreign geographic names; and shall decide the standard names and their orthography for official use. The principles, policies, and procedures formulated hereunder shall be designed to serve the interests of the Federal Government and the general public, to enlist the effective cooperation of the Federal departments and agencies most concerned, and to give full consideration to the specific interests of particular Federal and State agencies. Action may be taken by the Secretary in any matter wherein the Board does not act within a reasonable time. The Board may make such recommendations to the Secretary as it finds appropriate in connection with this chapter.

(July 25, 1947, ch. 330, §3, 61 Stat. 456.)

§364c. Studies, investigations, and records; staff assistance; advisory committees

The Secretary shall cause such studies and investigations to be made and such records to be kept as may be necessary or desirable in carrying out the purposes of this chapter, and he shall provide a place of meeting and staff assistance to the Board. The staff shall be responsible to the Secretary, who shall prescribe its relations to the Board and the committees of the Board. The Secretary may establish from time to time, upon recommendation of the Board, advisory committees of United States citizens who are recognized experts in their respective fields to assist in the solution of special problems arising under this chapter.

(July 25, 1947, ch. 330, §4, 61 Stat. 456.)

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.

Termination of Advisory Committees

Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

§364d. Promulgation of decisions; furnishing information

For the guidance of the Federal Government, the Secretary shall promulgate in the name of the Board, from time to time and in such form as will carry out the purposes of this chapter, decisions with respect to geographic names and principles of geographic nomenclature and orthography. The Secretary shall also furnish such additional information with respect to geographic names as will assist in carrying out the purposes of this chapter.

(July 25, 1947, ch. 330, §5, 61 Stat. 457.)

§364e. Standardization of geographic names; abolition of United States Board on Geographical Names in Department of the Interior; transfer of duties

With respect to geographic names the pertinent decisions and principles issued by the Secretary shall be standard for all material published by the Federal Government. The United States Board on Geographical Names in the Department of the Interior created by Executive order, is abolished, and the duties of said Board are transferred to the Board herein created, and all departments, bureaus, and agencies of the Federal Government shall refer all geographic names and problems to the said Board for the purpose of eliminating duplication of work, personnel, and authority.

(July 25, 1947, ch. 330, §6, 61 Stat. 457.)

§364f. Application to naming of offices or establishments

Nothing in this chapter shall be construed as applying to the naming of the offices or establishments of any Federal agency.

(July 25, 1947, ch. 330, §7, 61 Stat. 457.)

 

CHAPTER 12—RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT

SUBCHAPTER I—GENERAL PROVISIONS

Sec.
371.
Definitions.
372.
Water right as appurtenant to land and extent of right.
373.
General authority of Secretary of the Interior.
373a.
Commissioner of Reclamation; appointment.
373a–1.
Repealed.
373b.
Law enforcement authority at Bureau of Reclamation facilities.
373c.
Definitions.
373d.
Grants and cooperative agreements with Indian tribes and organizations.
373e.
Bureau of Reclamation site security.
374.
Sale of lands acquired in connection with irrigation project.
375.
Sale of land improved at expense of reclamation fund.
375a.
Sale under sections 374 and 375 of lands appraised at not exceeding $300.
375b.
Disposal of tracts too small to be classed farm units.
375c.
Sales of small tracts to resident farm owners and entrymen; price; terms; acreage purchasable.
375d.
Issuance of patent for small tracts; reservations.
375e.
Moneys from sale of small tracts covered into reclamation fund; credit.
375f.
Rules and regulations.
376.
Return of land donations not needed.
377.
General expenses of Bureau of Reclamation chargeable to general reclamation fund.
377a.
Limitation on use of funds where organizations or individuals are in arrears on contract charges.
377b.
Availability of appropriations for Bureau of Reclamation.
378.
Omitted.
379.
Purchase of scientific books, law books, etc.
380 to 382. Repealed or Omitted.
383.
Vested rights and State laws unaffected.
384.
Extension of time for payment of charges accrued prior to March 2, 1924, and January 1, 1925.
385.
Repealed.
385a.
Payments to school districts for education of dependents of construction personnel; cooperative arrangements; chargeable to project.
385b, 385c. Repealed or Omitted.
386.
Application of excess-land provisions of reclamation laws to certain lands.
387.
Removal of sand, gravel, etc.; leases, easements, etc.
388.
Contracts for materials; liability of United States.
389.
Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy.
390.
Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation.
390a.
Repealed.
390b.
Development of water supplies for domestic, municipal, industrial, and other purposes.
390c.
Water reservoirs; interests of States and local agencies in storage space.
390d.
Dams and reservoirs wherein costs thereof, or rights thereto, have been acquired by local interests.
390e.
Rights, acquisition and availability of; obligation for operation and maintenance; costs for reconstruction, rehabilitation, or replacement; use during Government operation or by contract.
390f.
Revision of leases or agreements to evidence conversion of rights to use of storage rights.
390g.
Groundwater recharge of aquifers; demonstration program.
390g–1.
Phase I of groundwater recharge demonstration program.
390g–2.
Phase II of groundwater recharge demonstration program.
390g–3.
Evaluation of water quality impacts.
390g–4.
Authorization of appropriations to carry out phase I.
390g–5.
Authorization of appropriations to carry out phase II.
390g–6.
Matching basis for funding phase II from non-Federal sources.
390g–7.
New spending authority.
390g–8.
Interstate transfer of water from Arkansas.
390h.
Program to investigate reclamation and reuse of wastewater and groundwater; general authority.
390h–1.
Appraisal investigations.
390h–2.
Feasibility studies.
390h–3.
Research and demonstration projects.
390h–4.
Southern California comprehensive water reclamation and reuse study.
390h–5.
San Jose area water reclamation and reuse program.
390h–6.
Phoenix metropolitan water reclamation study and program.
390h–7.
Tucson area water reclamation study.
390h–8.
Lake Cheraw water reclamation and reuse study.
390h–9.
San Francisco area water reclamation study.
390h–10.
San Diego area water reclamation program.
390h–11.
Los Angeles area water reclamation and reuse project.
390h–12.
San Gabriel basin demonstration project.
390h–12a.
North San Diego County Area Water Recycling Project.
390h–12b.
Calleguas Municipal Water District Recycling Project.
390h–12c.
Central Valley Water Recycling Project.
390h–12d.
St. George Area Water Recycling Project.
390h–12e.
Watsonville Area Water Recycling Project.
390h–12f.
Southern Nevada Water Recycling Project.
390h–12g.
Albuquerque Metropolitan Area Water Reclamation and Reuse Project.
390h–12h.
El Paso Water Reclamation and Reuse Project.
390h–12i.
Reclaimed water in Pasadena.
390h–12j.
Orange County Regional Water Reclamation Project.
390h–12k.
City of West Jordan Water Reuse Project.
390h–12l.
Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility.
390h–12m. Mission Basin Brackish Groundwater Desalting Demonstration Project.
390h–12n.
Treatment of effluent from sanitation districts of Los Angeles County through city of Long Beach.
390h–12o.
San Joaquin Area Water Recycling and Reuse Project.
390h–12p.
Tooele Wastewater Treatment and Reuse Project.
390h–13.
Authorization of appropriations.
390h–14.
Groundwater study.
390h–15.
Authorization of appropriations.
390h–16.
Willow Lake Natural Treatment System Project.
390h–17.
Lakehaven, Washington, Water Reclamation and Reuse Project.
390h–17a.
Transferred.
390h–18.
Irvine basin groundwater and surface water improvement projects.
390h–19.
Williamson County, Texas, water recycling and reuse project.
390h–20.
Hawaii reclamation projects.
390h–21.
Inland Empire regional water recycling project.
390h–22.
Cucamonga Valley water recycling project.
390h–23.
Southern California desert region integrated water and economic sustainability plan.
390h–24.
Eastern Municipal Water District recycled water system pressurization and expansion project, California.
390h–25.
Mountain View, Moffett Area reclaimed water pipeline project.
390h–26.
Pittsburg recycled water project.
390h–27.
Antioch recycled water project.
390h–28.
North Coast County Water District recycled water project.
390h–29.
Redwood City recycled water project.
390h–30.
South Santa Clara County recycled water project.
390h–31.
South Bay advanced recycled water treatment facility.
390h–32.
Rancho California Water District project, California.
390h–33.
Elsinore Valley Municipal Water District projects, California.
390h–34.
North Bay Water Reuse Program.
390h–35.
Prado Basin natural treatment system project.
390h–36.
Lower Chino Dairy Area desalination demonstration and reclamation project.
390h–37.
Oxnard, California, water reclamation, reuse, and treatment project.
390h–38.
Yucaipa Valley regional water supply renewal project.
390h–39.
City of Corona Water Utility, California, water recycling and reuse project.

        

SUBCHAPTER I–A—RECLAMATION REFORM

390aa.
Congressional declaration of purpose; short title.
390bb.
Definitions.
390cc.
New or amended contracts.
390dd.
Limitation on ownership.
390ee.
Pricing.
390ff.
Certification of compliance.
390gg.
Equivalency.
390hh.
Operation and maintenance charges.
390ii.
Disposition of excess lands.
390jj.
Water conservation.
390kk.
Residency not required.
390ll.
Corps of Engineers projects.
390mm.
Repayment of construction charges.
390nn.
Trusts.
390oo.
Temporary supplies of water.
390pp.
Involuntary foreclosure.
390qq.
Isolated tracts.
390rr.
Central Arizona Project.
390ss.
Religious or charitable organizations.
390tt.
Contract required.
390uu.
Waiver of sovereign immunity.
390vv.
Excess crop restrictions.
390ww.
Administrative provisions.
390xx.
Validation of contracts entered into prior to October 1, 1981.
390yy.
Leasing requirements.
390zz.
Reporting.
390zz–1.
Severability.

        

SUBCHAPTER II—RECLAMATION FUND GENERALLY

391.
Establishment of “reclamation fund”.
391a.
Advances to reclamation fund.
391a–1.
Increase in reclamation fund; reimbursement of advances from Treasury.
391b.
Omitted.
392.
Payments into reclamation fund of moneys received from entrymen and water right applicants.
392a.
Payment into reclamation fund of receipts from irrigation projects; transfer of power revenues to General Treasury after repayment of construction costs.
393.
Proceeds from sale of materials, etc.
394.
Proceeds from sale of products of or leases of withdrawn or reserved lands.
395.
Contributions by State, municipality, etc.
396.
Return of contributions to cooperative investigations of projects.
397.
Advances by Government for completion of projects initiated prior to June 25, 1910.
397a.
Advances for operation and maintenance of projects.
398.
Sales of Government certificates to obtain funds for advances.
399.
Omitted.
400.
Advances as item of cost of construction and maintenance of project.
401.
Amounts collected from defaulting contractors and their sureties.
402 to 404. Omitted or Repealed.

        

SUBCHAPTER II–A—RECLAMATION WATER SETTLEMENTS FUND

407.
Reclamation Water Settlements Fund.

        

SUBCHAPTER III—INSTITUTION AND CONSTRUCTION OF PROJECTS

411.
Surveys for, location, and construction of irrigation works generally.
411a.
Repealed.
411a–1.
Authorization of appropriations for investigations of feasibility of reclamation projects.
411b.
Employment of engineers, geologists, appraisers and economists for reclamation consultation work; compensation; retired Army and Navy officers as consulting engineers.
412.
Prerequisites to initiation of project or division of project.
413.
Approval of project by President.
414.
Appropriation for projects essential.
415.
Receipts applicable to project generally.
416.
Laws applicable to withdrawn lands; restoration to entry.
417.
Reservation of easements in public lands for reclamation projects.
418.
Private lands within project; agreement as to disposal of excess over farm unit.
419.
Contract for irrigation project; notice as to lands irrigable, unit of entry, and construction charges.
420.
Use of earth, timber, etc., from other public lands.
421.
Acquisition of lands for irrigation project; eminent domain.
421a.
Construction of distribution and drainage systems by irrigation districts or public agencies.
421b.
Loans for construction of distribution and drainage systems; repayment contract; time period for repayment of loan; “irrigation district or other public agency” defined.
421c.
Conditions of loan for distribution and drainage systems; reconveyance by Secretary of lands, interests in lands, and distribution works heretofore conveyed to the United States; conditions of reconveyance; rights of way.
421d.
Effect on existing laws.
421e.
Municipal and industrial water supply delivery and distribution; allocation of loan funds; loan repayment contract requirements; rate of interest.
421f.
Existing loan contracts; negotiation by Secretary of amendments.
421g.
Existing rights unaffected.
421h.
Procedural and substantive requirements applicable to works financed by loans pursuant to sections 421a to 421h of this title.
422.
Construction of dams across Yellowstone River.

        

SUBCHAPTER IV—CONSTRUCTION OF SMALL PROJECTS

422a.
Declaration of purpose.
422b.
Definitions.
422c.
Proposals; submission; payment for cost of examination.
422d.
Contents of proposals.
422e.
Contract requirements.
422f.
Proposals for projects previously authorized; waiver of requirements; approval; negotiation of contract.
422g.
Information from Federal agencies; costs.
422h.
Planning and construction; transfer of funds.
422i.
Rules and regulations.
422j.
Appropriations; notice to Congress of receipt of proposal; funds to initiate proposal; availability of appropriations; reimbursement; limitations on expenditures in any single State; waiver.
422k.
Supplement to Federal reclamation laws; short title.
422k–1.
Loan contracts for deferment of repayment installments; amendment or supplementation.
422l.
Application of this subchapter to Hawaii.

        

SUBCHAPTER V—ADMINISTRATION OF EXISTING PROJECTS

423.
Permanently unproductive lands; exclusion from project; disposition of water right.
423a.
Construction charges on permanently unproductive lands already paid; disposition.
423b.
Suspension of payment of construction charges against areas temporarily unproductive.
423c.
Exchange of unpatented entries; entries, farms or private lands, eliminated from project; rights not assignable; rights of lienholders; preference to ex-service men.
423d.
Amendment of existing water right contracts by Secretary of the Interior.
423e.
Completion of new projects or new division; execution of contract with district as condition precedent to delivery of water; contents of contract; cooperation of States with United States; limitations on sale of land.
423f.
Purpose of sections 423 to 423g and 610.
423g.
Adjustment of water right charges as final adjudication on projects and divisions named.
423h.
Delivery of water to excess lands upon death of spouse.
424.
Disposal of lands classified as temporarily or permanently unproductive; persons who may take.
424a.
Sale of unproductive lands; terms; area purchasable; tracts included.
424b.
Application of certain statutes to lands sold.
424c.
Issuance of patents; recitals in patents; reservations.
424d.
Use of moneys collected from sales, project construction charges and water rentals respecting unproductive lands.
424e.
Authority of Secretary of the Interior; rules and regulations.
425.
Exemption of lands owned by States, etc., from acreage limitation on receipt of irrigation benefits; determination of exempt status.
425a.
Eligibility of transferred lands owned by States, etc., for receipt of water from a Federal reclamation project, division, or unit; conditions of eligibility; purchase price.
425b.
Receipt of project water by lessees of irrigable lands owned by States, etc.; time limitation; applicability of acreage limitations.

        

SUBCHAPTER VI—WATER RIGHT APPLICATIONS AND LAND ENTRIES

431.
Limitation as to amount of water; qualifications of applicant.
432.
Entry under homestead laws generally.
433.
Character and capital qualification of entrymen.
433a.
Preference of needy families.
434.
Amount of land for which entry may be made; farm unit; subdivision of lands.
435.
Entries in excess of farm unit.
436.
Time when entry may be made generally.
437.
Lands as to which entries made prior to June 25, 1910, have been relinquished.
438.
Repealed.
439.
Cultivation requirement as to entrymen.
440.
Regulations as to use of water and requirements as to cultivation and reclamation of land; cancellation for noncompliance with requirements.
441.
Assignment of entries generally.
442.
Assignment between June 23, 1910, and January 1, 1913, confirmed.
443.
Limitation of amount of land holdable under assignment of entry.
444, 445.
Omitted.
446.
Right to make entry on relinquishment of former entry under land laws.
447.
Relinquishment of homestead entry and making new entry.
448.
Desert-land entries within reclamation project generally.
449.
Assignment of desert-land entry within project.

        

SUBCHAPTER VII—EXCHANGE AND AMENDMENT OF FARM UNITS

451.
Conditions necessary for exchange; terms; credits; rights nonassignable.
451a.
Persons eligible for benefits.
451b.
Irrigation construction charges.
451c.
Cancellation of charges or liens; credits.
451d.
Disposal of improvements; water rights; revertibility of relinquished land.
451e.
Amendment of farm unit; application; amount of land; exchange; waiver.
451f.
Exchanges subject to mortgage contracts.
451g.
Preferences; veterans; timely applicants.
451h.
Establishment of farm units; size; contiguous or noncontiguous.
451i.
“Federal irrigation project” defined.
451j.
Rules and regulations.
451k.
Availability of appropriations; expenses as nonreimbursable.

        

SUBCHAPTER VIII—TAXATION

455.
State taxation; lands of homestead entryman.
455a.
State taxation; lands of desert-land entryman.
455b.
State tax as lien upon lands; prior lien of United States; rights of holder of tax title.
455c.
Extinguishment of liens and tax titles on reversion of lands to United States.

        

SUBCHAPTER IX—CONSTRUCTION CHARGES

461.
Determination of construction charges generally.
462.
Classification of irrigable lands and equitable apportionment of charges.
463.
Repealed.
464.
Increases of charges on failure to make water-right application.
465.
Charges for water service prior to notice of construction charge.
466.
Surveys to correct errors or inequalities in original basis of project.
467.
Repealed.
468.
Withdrawal of notice given and modification of applications and contracts made prior to February 13, 1911.
469.
Increase in construction charges.
470.
When work increasing construction charge may be undertaken.
471.
Initial payment and annual installments of charges generally.
472.
Installments on entries or applications made after August 13, 1914, and prior to December 5, 1924.
473, 474.
Repealed.
475.
Annual installments on entries and contracts prior to August 13, 1914.
476.
Repealed.
477.
Association or irrigation district as fiscal agent of Government.
478.
Pecuniary penalty for nonpayment of installments of construction charges.
479.
Shutting off water for nonpayment of construction charge.
480.
Cancellation of water right or entry for nonpayment of construction charge.
481.
Action to recover construction charges and penalties.
482.
Omitted.

        

SUBCHAPTER X—PAYMENT OF CONSTRUCTION CHARGES

485.
Declaration of policy.
485a.
Definitions.
485b.
Amendment of existing repayment contracts.
485b–1.
Deferment of installments under repayment contracts; determination of undue burden; conditions; supplemental contract; report to Congress.
485c.
Repealed.
485d.
Time of payments to the United States.
485e.
Maintenance and operation of project works; delinquency penalties.
485f.
Negotiation of equitable contracts by Secretary.
485g.
Classification of lands.
485h.
New projects; sale of water and electric power; lease of power privileges.
485h–1.
Administration of repayment contracts and long-term contracts to furnish water; renewal and conversion; credit for payments; right to available water supply; rates; construction component.
485h–2.
Amendments to existing contracts.
485h–3.
“Long-term contract” defined.
485h–4.
Application of State laws.
485h–5.
Supplement to Federal reclamation laws.
485h–6.
Repayment contracts; amendment for provision, addition or modification of irrigation blocks.
485h–7.
Amendment of repayment contract for payment of annual installments in two parts.
485i.
Rules and regulations.
485j.
Effect on existing laws.
485k.
Short title.

        

SUBCHAPTER XI—MAINTENANCE AND OPERATION OF WORKS GENERALLY

491.
Authority of Secretary to operate works.
492.
Operation and maintenance charges generally.
493.
Operation charges; date of payment; discount; advance payment.
493a.
Omitted.
494.
Pecuniary penalty for nonpayment of operation charge.
495.
Shutting off water for nonpayment of operation charge.
496.
Cancellation of entry or water right for nonpayment of operation charge.
497.
Action to recover operation charge and penalty.
498.
Transfer of management and operation of works to water users generally.
499.
Discretionary power to transfer management.
499a.
Transfer of title to movable property; use of appropriations.
499b.
Transfer to municipal corporations or other organizations of care, operation, and maintenance of works supplying water for municipal, domestic, or industrial use.
500.
Duty of association or district to take over management.
501.
Disposition of profits of project taken over by water users.
502.
Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law.
503.
“Unusual or emergency conditions” defined.
504.
Rehabilitation and betterment of Federal reclamation projects, including small reclamation projects; return of costs; interest; definitions; performance of work.
505.
Drainage facilities and minor construction in irrigation works; contracts with repayment organizations; limitation on costs; submission of contract to Congress.

        

SUBCHAPTER XI–A—RECLAMATION SAFETY OF DAMS

506.
Authority of Secretary to make modifications.
507.
Construction for dam safety.
508.
Costs incurred in the modification of structures.
509.
Authorization of appropriations; report to Congress.
509a.
Project beneficiaries.

        

SUBCHAPTER XI–B—AGING INFRASTRUCTURE

510.
Definitions.
510a.
Guidelines and inspection of project facilities and technical assistance to transferred works operating entities.
510b.
Extraordinary operation and maintenance work performed by the Secretary.
510c.
Relationship to Twenty-First Century Water Works Act.
510d.
Authorization of appropriations.

        

SUBCHAPTER XII—CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR PAYMENT OF CHARGES

511.
Authority to contract with irrigation district.
512.
Release of Government liens after contract with irrigation districts.
513.
Lands in project subject to provisions of chapter; after contract with irrigation district.

        

SUBCHAPTER XIII—SALE OR LEASE OF SURPLUS WATERS, WATER POWER, STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

521.
Sale of surplus waters generally.
522.
Lease of water power.
523.
Storage and transportation of water for irrigation districts, etc.
524.
Cooperation with irrigation districts, etc., in construction of reservoirs and canals.
525.
Covering proceeds into reclamation fund.
526.
Credit of proceeds to particular project.

        

SUBCHAPTER XIV—PATENTS AND FINAL WATER-RIGHT CERTIFICATES

541.
When patent or final certificate issued.
542.
Reservation of lien for charges; enforcement of lien; redemption.
543.
Certificate of final payment and release of lien.
544.
Limitation as to holdings prior to final payment of charges; forfeiture of excess holding.
545.
Appointment of agents to receive payments; record of payments and amounts owing.
546.
Jurisdiction of district court for enforcement of this subchapter.
547.
Patent to desert-land entryman.

        

SUBCHAPTER XV—TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

561.
Survey and subdivision of land for town sites; reservation for public purposes.
562.
Appraisal and sale of town lots.
563.
Disposal of town sites set apart prior to June 27, 1906.
564.
Reappraisal of town lots for sale.
565.
Terms of sale of town lots; installments of price.
566.
Maintenance of public reservations and conveyance to municipality.
567.
Water rights for towns and cities; charges.
568.
Use of reclamation fund for expenses of and disposal of proceeds of sale of town sites.
569.
Reservation of land for park, playground, or community center.
569a.
Extension of section 569 to tract of land in Idaho.
570.
Conveyance of land to school district.
571.
Sale of unplatted portions of Government town sites; authorization.
572.
Disposition of net proceeds; fixing project construction charges.
573.
Expenses of appraisement and sale; rules and regulations.

        

SUBCHAPTER XVI—REFUNDS TO WAR VETERANS

581 to 586. Omitted.

        

SUBCHAPTER XVII—LEGISLATION APPLICABLE TO PARTICULAR PROJECTS GENERALLY

591.
Omitted.
591a.
Boise project, Idaho; Arrowrock Dam; installment payments of costs of repairs, resurfacing, improvement, etc.
592.
Omitted.
593.
Flathead irrigation project, Montana.
593a.
Construction, operation, and maintenance of Hungry Horse Dam.
593b.
Construction of additional works for irrigation purposes.
594.
Omitted.
595.
King Hill project, Idaho.
596.
Omitted.
597.
Riverton project, Wyoming.
597a.
Easements for Bull Lake Dam and Reservoir.
597b.
Compensation for easements.
597c.
Reservation of Indians’ right to use lands.
597d.
Regulations.
598.
Salt River project, Arizona; sale of water power.
599.
Omitted.
600.
Minidoka project, Idaho; sales of water from American Falls Reservoir.
600a.
Arch Hurley Conservancy District project, New Mexico.
600b.
Canadian River project, Texas.
600c.
Nonreimbursable costs.
600d.
Sanford Reservoir recreation facilities; allocation of water, reservoir capacity, or joint project costs of Canadian River project; municipal water use priorities; agreements for operation, maintenance, or additional development of project lands or facilities; disposal of project lands or facilities; nonreimbursable costs; cognizance of effect of fish and wildlife plan.
600e.
Authorization of appropriations for public recreation facilities.

        

SUBCHAPTER XVIII—CIBOLO PROJECT, TEXAS

600f to 600f–4. Omitted.

        

SUBCHAPTER XIX—NUECES RIVER PROJECT, TEXAS

600g to 600g–4. Omitted.

        

SUBCHAPTER XX—KLAMATH PROJECT, OREGON-CALIFORNIA

601 to 612. Omitted or Repealed.

        

SUBCHAPTER XXI—GILA PROJECT, ARIZONA

613 to 613e. Omitted.

        

SUBCHAPTER XXII—WASHOE PROJECT, NEVADA-CALIFORNIA

614 to 614d. Omitted.

        

SUBCHAPTER XXIII—WASHITA RIVER BASIN PROJECT, OKLAHOMA

615 to 615e. Omitted.

        

SUBCHAPTER XXIV—CROOKED RIVER PROJECT, OREGON

615f to 615j–1. Omitted.

        

SUBCHAPTER XXV—LITTLE WOOD RIVER PROJECT, IDAHO

615k to 615n. Omitted.

        

SUBCHAPTER XXVI—SAN ANGELO PROJECT, TEXAS

615o to 615r. Omitted.

        

SUBCHAPTER XXVII—SPOKANE VALLEY PROJECT, WASHINGTON AND IDAHO

615s to 615u. Omitted.

        

SUBCHAPTER XXVIII—DALLAS PROJECT, OREGON

615v to 615x. Omitted.

        

SUBCHAPTER XXIX—NORMAN PROJECT, OKLAHOMA

615aa to 615hh. Omitted.

        

SUBCHAPTER XXX—NAVAJO IRRIGATION PROJECT, NEW MEXICO; SAN JUAN-CHAMA PROJECT, COLORADO-NEW MEXICO

615ii to 615zz. Omitted.

        

SUBCHAPTER XXXI—CLOSED BASIN DIVISION; SAN LUIS VALLEY PROJECT, COLORADO

615aaa to 615iii. Omitted.

        

SUBCHAPTER XXXII—BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO

615jjj to 615ooo. Omitted.

        

SUBCHAPTER XXXIII—SALMON FALLS DIVISION, UPPER SNAKE RIVER PROJECT, IDAHO

615ppp to 615www. Omitted.

        

SUBCHAPTER XXXIV—O'NEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA

615xxx to 615cccc. Omitted.

        

SUBCHAPTER XXXV—NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA

615dddd to 615jjjj. Omitted.

        

SUBCHAPTER XXXVI—POLECAT BENCH AREA, SHOSHONE EXTENSIONS UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, WYOMING

615kkkk to 615kkkk–6. Omitted.

        

SUBCHAPTER XXXVII—POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, SOUTH DAKOTA

615llll to 615llll–6. Omitted or Repealed.

        

SUBCHAPTER XXXVIII—FRYINGPAN-ARKANSAS PROJECT, COLORADO

616 to 616f. Omitted.

        

SUBCHAPTER XXXIX—MANN CREEK PROJECT, IDAHO

616g to 616j. Omitted.

        

SUBCHAPTER XL—ARBUCKLE PROJECT, OKLAHOMA

616k to 616s. Omitted.

        

SUBCHAPTER XLI—BAKER PROJECT, OREGON

616t to 616w. Omitted.

        

SUBCHAPTER XLII—DIXIE PROJECT, UTAH

616aa to 616hh. Omitted.

        

SUBCHAPTER XLIII—SAVERY-POT HOOK PROJECT, COLORADO-WYOMING; BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLORADO

616ii to 616mm. Omitted.

        

SUBCHAPTER XLIV—LOWER TETON DIVISION OF TETON BASIN PROJECT, IDAHO

616nn to 616rr. Omitted.

        

SUBCHAPTER XLV—WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT, WASHINGTON

616ss to 616vv–5. Omitted.

        

SUBCHAPTER XLVI—McKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON

616ww to 616ww–5. Omitted.

        

SUBCHAPTER XLVII—AUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION: CENTRAL VALLEY PROJECT, CALIFORNIA

616aaa to 616fff–7. Omitted.

        

SUBCHAPTER XLVIII—SOUTHERN NEVADA PROJECT, NEVADA

616ggg to 616mmm. Omitted.

        

SUBCHAPTER XLIX—TUALATIN PROJECT, OREGON

616nnn to 616sss. Omitted.

        

SUBCHAPTER L—MISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA

616ttt to 616yyy. Omitted.

        

SUBCHAPTER LI—MOUNTAIN PARK PROJECT, OKLAHOMA

616aaaa to 616ffff–2. Omitted.

        

SUBCHAPTER LII—PALMETTO BEND PROJECT, TEXAS

616gggg to 616llll. Omitted.

        

SUBCHAPTER LIII—MERLIN DIVISION; ROGUE RIVER BASIN PROJECT, OREGON

616mmmm to 616ssss. Omitted.

        

SUBCHAPTER LIV—TOUCHET DIVISION; WALLA WALLA PROJECT, OREGON-WASHINGTON

616tttt to 616yyyy. Omitted.

        

SUBCHAPTER I—GENERAL PROVISIONS

§371. Definitions

When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478, 493, 494, 500, 501, and 526 of this title—

(a) The word “Secretary” means the Secretary of the Interior.

(b) The words “reclamation law” mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto.

(c) The words “reclamation fund” mean the fund provided by the reclamation law.

(d) The word “project” means a Federal irrigation project authorized by the reclamation law.

(e) The words “division of a project” mean a substantial irrigable area of a project designated as a division by order of the Secretary.

(Dec. 5, 1924, ch. 4, §4, subsec. A, 43 Stat. 701.)

References in Text

Act June 17, 1902, referred to in par. (b), is popularly known as the Reclamation Act or National Irrigation Act of 1902, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.

Short Title of 2009 Amendment

Pub. L. 111–11, title X, §10301, Mar. 30, 2009, 123 Stat. 1367, provided that: “This subtitle [subtitle B (§§10301–10704) of title X of Pub. L. 111–11, enacting section 407, former section 615jj, and section 620n–1 of this title, amending former section 615ss and sections 620 and 620o of this title, repealing former section 615jj of this title, and enacting provisions set out as notes under sections 407 and 620 of this title] may be cited as the ‘Northwestern New Mexico Rural Water Projects Act’.”

Short Title of 1992 Amendment

Pub. L. 102–575, §1, Oct. 30, 1992, 106 Stat. 4600, provided that: “This Act [enacting sections 390h to 390h–15 of this title and sections 460l–31 to 460l–34, 470h–4, 470h–5, and 470x to 470x–6 of Title 16, Conservation, amending sections 390g–2, 390g–3, 390g–5, 1521, and 1524 of this title, sections 460l–13 to 460l–15, 460l–18, 466, 470–1, 470a, 470b, 470c, 470h, 470h–2, 470h–3, 470i, 470s, 470t, 470w, and 470w–3 of Title 16, and section 390 of Title 25, Indians, enacting provisions set out as notes under this section and sections 390h, 620k, 1521, and 1524 of this title, sections 460l–31, 470, and 470a of Title 16, and section 390 of Title 25, and amending provisions set out as a note under section 461 of Title 16] may be cited as the ‘Reclamation Projects Authorization and Adjustment Act of 1992’.”

Short Title of 1984 Amendments

For short title of Pub. L. 98–434 as the “High Plains States Groundwater Demonstration Program Act of 1983”, see section 1 of Pub. L. 98–434, set out as a Short Title note under section 390g of this title.

For short title of Pub. L. 98–404 as “The Reclamation Safety of Dams Act Amendments of 1984”, see section 1 of Pub. L. 98–404, set out as a note under section 506 of this title.

Short Title of 1978 Amendment

For short title of Pub. L. 95–578 as the “Reclamation Safety of Dams Act of 1978”, see section 1 of Pub. L. 95–578, set out as a note under section 506 of this title.

Short Title of 1958 Amendment

For short title of title III of Pub. L. 85–500, which enacted section 390b of this title, as the “Water Supply Act of 1958”, see section 302 of Pub. L. 85–500, set out as a Short Title note under section 390b of this title.

Short Title

Act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which enacted sections 372, 373, 381, 383, 391, 392, 411, 416, 419, 421, 431, 432, 434, 439, 461, 476, 491, and 498 of this title, is popularly known as the “Reclamation Act” or “National Irrigation Act of 1902”.

Act Dec. 5, 1924, ch. 4, §4, 43 Stat. 701, as amended, which enacted this section and sections 376, 377, 412, 417, 433, 438, 462, 463, 466, 467, 473, 474, 478, 493, 494, 500, 501, and 526 of this title, is popularly known as the “Fact Finders’ Act”.

Western Water Policy Review

Pub. L. 104–46, title V, §502, Nov. 13, 1995, 109 Stat. 419, provided that: “Notwithstanding the provisions of any other law, the report referred to in title 30 [XXX] of Public Law 102–575 [set out below] shall be submitted within five years from the date of enactment of that Act [Oct. 30, 1992].”

Pub. L. 102–575, title XXX, Oct. 30, 1992, 106 Stat. 4693, as amended by Pub. L. 103–437, §16(a)(2), Nov. 2, 1994, 108 Stat. 4594, provided that:

“SEC. 3001. SHORT TITLE.

“This title may be cited as the ‘Western Water Policy Review Act of 1992’.

“SEC. 3002. CONGRESSIONAL FINDINGS.

“The Congress finds that—

“(1) the Nation needs an adequate water supply for all states [States] at a reasonable cost;

“(2) the demands on the Nation's finite water supply are increasing;

“(3) coordination on both the Federal level and the local level is needed to achieve water policy objectives;

“(4) not less than fourteen agencies of the Federal Government are currently charged with functions relating to the oversight of water policy;

“(5) the diverse authority over Federal water policy has resulted in unclear goals and an inefficient handling of the Nation's water policy;

“(6) the conflict between competing goals and objectives by Federal, State, and local agencies as well as by private water users is particularly acute in the nineteen Western States which have arid climates which include the seventeen reclamation States, Hawaii, and Alaska;

“(7) the appropriations doctrine of water allocation which characterizes most western water management regimes varies from State to State, and results in many instances in increased competition for limited resources;

“(8) the Federal Government has recognized and continues to recognize the primary jurisdiction of the several States over the allocation, priority, and use of water resources of the States, except to the extent such jurisdiction has been preempted in whole or in part by the Federal Government, including, but not limited to, express or implied Federal reserved water rights either for itself or for the benefit of Indian Tribes, and that the Federal Government will, in exercising its authorities, comply with applicable State laws;

“(9) the Federal Government recognizes its trust responsibilities to protect Indian water rights and assist Tribes in the wise use of those resources;

“(10) Federal agencies, such as the Bureau of Reclamation, have had, and will continue to have major responsibilities in assisting States in the wise management and allocation of scarce water resources; and

“(11) the Secretary of the Interior, given his responsibilities for management of public land, trust responsibilities for Indians, administration of the reclamation program, investigations and reviews into ground water resources through the Geologic Survey [now United States Geological Survey], and the Secretary of the Army, given his responsibilities for flood control, water supply, hydroelectric power, recreation, and fish and wildlife enhancement, have the resources to assist in a comprehensive review, in consultation with appropriate officials from the nineteen Western States, into the problems and potential solutions facing the nineteen Western States and the Federal Government in the increasing competition for the scarce water resources of the Western States.

“SEC. 3003. PRESIDENTIAL REVIEW.

“(a) The President is directed to undertake a comprehensive review of Federal activities in the nineteen Western States which directly or indirectly affect the allocation and use of water resources, whether surface or subsurface, and to submit a report on the President's findings, together with recommendations, if any, to the Committees on Energy and Natural Resources, Environment and Public Works and Appropriations of the Senate and the Committees on Natural Resources, Public Works and Transportation [now Transportation and Infrastructure], Merchant Marine and Fisheries and Appropriations of the House of Representatives.

“(b) Such report shall be submitted within three years from the date of enactment of this Act [Oct. 30, 1992].

“(c) In conducting the review and preparing the report, the President is directed to consult with the Advisory Commission established under section 3004 of this title, and may request the Secretary of the Interior and the Secretary of the Army or other Federal officials or the Commission to undertake such studies or other analyses as the President determines would assist in the review.

“(d) The President shall consult periodically with the Commission, and upon the request of the President, the heads of other Federal agencies are directed to cooperate with and assist the Commission in its activities.

“SEC. 3004. THE ADVISORY COMMISSION.

“(a) The President shall appoint an Advisory Commission (hereafter in this title referred to as the ‘Commission’) to assist in the preparation and review of the report required under this title.

“(b) The Commission shall be composed of eighteen members as follows:

“(1) Ten members appointed by the President including:

“(A) the Secretary of the Interior or his designee;

“(B) the Secretary of the Army or his designee;

“(C) at least one representative chosen from a list submitted by the Western Governors Association; and

“(D) at least one representative chosen from a list submitted by Tribal governments located in the Western States.

“(2) In addition to the ten members appointed by the President, twelve Members from the United States Congress shall serve as ex officio members of the Commission. For the United States Senate: the Chairmen and the Ranking Minority Members of the Committees on Energy and Natural Resources, and Appropriations, and the Subcommittee of the Committee on Energy and Natural Resources which has jurisdiction over the Bureau of Reclamation. For the United States House of Representatives: the Chairman [Chairmen] and Ranking Minority Members of the Committees on Natural Resources, Public Works and Transportation [now Transportation and Infrastructure], and Appropriations.

“(c) The President shall appoint one member of the Commission to serve as Chairman.

“(d) Any vacancy which may occur on the Commission shall be filled in the same manner in which the original appointment was made.

“(e) Members of the Commission shall serve without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties.

“SEC. 3005. DUTIES OF THE COMMISSION.

“The Commission shall—

“(1) review present and anticipated water resource problems affecting the nineteen Western States, making such projections of water supply requirements as may be necessary and identifying alternative ways of meeting these requirements—giving considerations, among other things, to conservation and more efficient use of existing supplies, innovations to encourage the most beneficial use of water and recent technological advances;

“(2) examine the current and proposed Federal programs affecting such States and recommend to the President whether they should be continued or adopted and, if so, how they should be managed for the next twenty years, including the possible reorganization or consolidation of the current water resources development and management agencies;

“(3) review the problems of rural communities relating to water supply, potable water treatment, and wastewater treatment;

“(4) review the need and opportunities for additional storage or other arrangements to augment existing water supplies including, but not limited to, conservation;

“(5) review the history, use, and effectiveness of various institutional arrangements to address problems of water allocation, water quality, planning, flood control and other aspects of water development and use, including, but not limited to, interstate water compacts, Federal-State regional corporations, river basin commissions, the activities of the Water Resources Council, municipal and irrigation districts and other similar entities with specific attention to the authorities of the Bureau of Reclamation under reclamation law and the Secretary of the Army under water resources law;

“(6) review the legal regime governing the development and use of water and the respective roles of both the Federal Government and the States over the allocation and use of water, including an examination of riparian zones, appropriation and mixed systems, market transfers, administrative allocations, ground water management, interbasin transfers, recordation of rights, Federal-State relations including the various doctrines of Federal reserved water rights (including Indian water rights and the development in several States of the concept of a public trust doctrine); and

“(7) review the activities, authorities, and responsibilities of the various Federal agencies with direct water resources management responsibility, including but not limited to the Bureau of Reclamation, the Department of the Army, and those agencies whose decisions would impact on water resource availability and allocation, including, but not limited to, the Federal Energy Regulatory Commission.

“SEC. 3006. REPRESENTATIVES.

“(a) The Chairman of the Commission shall invite the Governor of each Western State to designate a representative to work closely with the Commission and its staff in matters pertaining to this title.

“(b) The Commission, at its discretion, may invite appropriate public or private interest groups including, but not limited to, Indian and Tribal organizations to designate a representative to work closely with the Commission and its staff in matters pertaining to this title.

“SEC. 3007. POWERS OF THE COMMISSION.

“(a) The Commission may—

“(1) hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as it may deem advisable;

“(2) use the United States mail in the same manner and upon the same conditions as other departments and agencies of the United States;

“(3) enter into contracts or agreements for studies and surveys with public and private organizations and transfer funds to Federal agencies to carry out such aspects of the Commission's functions as the Commission determines can best be carried out in that manner; and

“(4) incur such necessary expenses and exercise such other powers as are consistent with and reasonably required to perform its functions under this title.

“(b) Any member of the Commission is authorized to administer oaths when it is determined by a majority of the Commission that testimony shall be taken or evidence received under oath.

“(c) The Commission shall have a Director who shall be appointed by the Commission and who shall be paid at a rate not to exceed the maximum rate of basic pay payable for level II of the Executive Schedule.

“(1) With the approval of the Commission, the Director may appoint and fix the pay of such personnel as the Director considers appropriate but only to the extent that such personnel cannot be obtained from the Secretary of the Interior or by detail from other Federal agencies. Such personnel may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such Title relating to classification and General Schedule pay rates.

“(2) With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS–18 of the General Schedule.

“(d) The Secretary of the Interior and the Secretary of the Army shall provide such office space, furnishings and equipment as may be required to enable the Commission to perform its functions. The Secretary shall also furnish the Commission with such staff, including clerical support, as the Commission may require.

“SEC. 3008. POWERS AND DUTIES OF THE CHAIRMAN.

“(a) Subject to general policies adopted by the Commission, the Chairman shall be the chief executive of the Commission and shall exercise its executive and administrative powers as set forth in paragraphs (2) through (4) of section 3007(a).

“(b) The Chairman may make such provisions as he shall deem appropriate authorizing the performance of any of his executive and administrative functions by the Director or other personnel of the Commission.

“SEC. 3009. OTHER FEDERAL AGENCIES.

“(a) The Commission shall, to the extent practicable, utilize the services of the Federal water resource agencies.

“(b) Upon request of the Commission, the President may direct the head of any other Federal department or agency to assist the Commission and such head of any Federal department or agency is authorized—

“(1) to furnish to the Commission, to the extent permitted by law and within the limits of available funds, including funds transferred for that purpose pursuant to section 3007(a)(7) of this title, such information as may be necessary for carrying out its functions and as may be available to or procurable by such department or agency, and

“(2) to detail to temporary duty with the Commission on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status.

“(c) Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel, and procurement) shall be provided the Commission by the Secretary of the Interior.

“SEC. 3010. APPROPRIATIONS.

“There are hereby authorized to be appropriated not to exceed $10,000,000 to carry out the purposes of sections 3001 through 3009 of this title.”

[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.]

[Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of references to Committee on Merchant Marine and Fisheries, see section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.]

§372. Water right as appurtenant to land and extent of right

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.)

References in Text

This 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.

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

§373. General authority of Secretary of the Interior

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.)

References in Text

This 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.

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

§373a. Commissioner of Reclamation; appointment

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. 97–293, title II, §229, Oct. 12, 1982, 96 Stat. 1274.)

References in Text

Act of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, 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.

Amendments

1982—Pub. L. 97–293 inserted requirement that Commissioner of Reclamation be appointed by and with advice and consent of Senate.

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.

Use of Private Sector

Pub. L. 108–7, 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 Commissioner

Compensation of Commissioner, see section 5316 of Title 5, Government Organization and Employees.

§373a–1. Repealed. Pub. L. 88–426, title III, §305(35), Aug. 14, 1964, 78 Stat. 426

Section, Pub. L. 87–880, 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.

Effective Date of Repeal

Repeal effective on first day of first pay period which begins on or after July 1, 1964, see section 501 of Pub. L. 88–426.

§373b. Law enforcement authority at Bureau of Reclamation facilities

(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) of this section 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) of this section 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) of this section 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) of this section 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) of this section 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) of this section 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),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. 107–69, §1, Nov. 12, 2001, 115 Stat. 593.)

1 So in original. Probably should be “subsection (c)(1)”.

§373c. Definitions

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 460l–32 of title 16.

(Pub. L. 107–69, §2, Nov. 12, 2001, 115 Stat. 595.)

§373d. Grants and cooperative agreements with Indian tribes and organizations

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. 450f et seq.].

(Pub. L. 108–7, div. D, title II, §201, Feb. 20, 2003, 117 Stat. 144.)

References in Text

This Act, referred to in text, means div. D of Pub. L. 108–7, 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. 93–638, Jan. 4, 1975, 88 Stat. 2206, as amended, which is classified principally to part A (§450f et seq.) of subchapter II of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables.

Similar Provisions

Provisions similar to those in this section were contained in the following appropriation act:

Pub. L. 107–66, title II, §201, Nov. 12, 2001, 115 Stat. 499.

§373e. Bureau of Reclamation site security

(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 year's 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. 110–229, title V, §513, May 8, 2008, 122 Stat. 843.)

References in Text

This Act, referred to in subsec. (c)(5), means Pub. L. 110–229, 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.

§374. Sale of lands acquired in connection with irrigation project

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, §§1–3, 36 Stat. 895.)

References in Text

Act 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.

§375. Sale of land improved at expense of reclamation fund

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 1 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, §§1–3, 41 Stat. 605, 606.)

References in Text

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.

1 So in original. Probably should be followed by a comma.

§375a. Sale under sections 374 and 375 of lands appraised at not exceeding $300

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.)

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.

Definitions

The definitions in section 485a of this title apply to this section.

§375b. Disposal of tracts too small to be classed farm units

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.)

References in Text

Act 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.

§375c. Sales of small tracts to resident farm owners and entrymen; price; terms; acreage purchasable

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.)

§375d. Issuance of patent for small tracts; reservations

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.)

§375e. Moneys from sale of small tracts covered into reclamation fund; credit

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.)

§375f. Rules and regulations

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.)

§376. Return of land donations not needed

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.)

Definitions

The definitions in section 371 of this title apply to this section.

§377. General expenses of Bureau of Reclamation chargeable to general reclamation fund

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.)

Amendments

1945—Act Apr. 19, 1945, amended section generally and made it applicable after June 30, 1945.

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.

Definitions

The definitions in section 371 of this title apply to this section.

§377a. Limitation on use of funds where organizations or individuals are in arrears on contract charges

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. 102–377, title II, Oct. 2, 1992, 106 Stat. 1331.)

Codification

Section is from the appropriation act cited as the credit to this section.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Pub. L. 102–104, title II, Aug. 17, 1991, 105 Stat. 525.

Pub. L. 101–514, title II, Nov. 5, 1990, 104 Stat. 2086.

Pub. L. 101–101, title II, Sept. 29, 1989, 103 Stat. 655.

Pub. L. 100–371, title II, July 19, 1988, 102 Stat. 865.

Pub. L. 100–202, §101(d) [title II], Dec. 22, 1987, 101 Stat. 1329–104, 1329–117.

Pub. L. 99–500, §101(e) [title II], Oct. 18, 1986, 100 Stat. 1783–194, 1783–203, and Pub. L. 99–591, §101(e) [title II], Oct. 30, 1986, 100 Stat. 3341–194, 3341–203.

Pub. L. 99–141, title II, Nov. 1, 1985, 99 Stat. 570.

Pub. L. 98–360, title II, July 16, 1984, 98 Stat. 410.

Pub. L. 98–50, title II, July 14, 1983, 97 Stat. 253.

Pub. L. 97–88, title II, Dec. 4, 1981, 95 Stat. 1140.

Pub. L. 96–367, title III, Oct. 1, 1980, 94 Stat. 1342.

Pub. L. 96–69, title III, Sept. 25, 1979, 93 Stat. 447.

Pub. L. 95–96, title III, Aug. 7, 1977, 91 Stat. 804.

Pub. L. 94–355, title III, July 12, 1976, 90 Stat. 896.

Pub. L. 94–180, title III, Dec. 26, 1975, 89 Stat. 1043.

Pub. L. 93–393, title III, Aug. 28, 1974, 88 Stat. 788.

Pub. L. 93–97, title III, Aug. 16, 1973, 87 Stat. 324.

Pub. L. 92–405, title III, Aug. 25, 1972, 86 Stat. 627.

Pub. L. 92–134, title III, Oct. 5, 1971, 85 Stat. 371.

Pub. L. 91–349, title III, Oct. 7, 1970, 84 Stat. 899.

Pub. L. 91–144, title III, Dec. 11, 1969, 83 Stat. 332.

Pub. L. 90–479, title II, Aug. 12, 1968, 82 Stat. 711.

Pub. L. 90–147, title II, Nov. 20, 1967, 81 Stat. 478.

Pub. L. 89–689, title II, Oct. 15, 1966, 80 Stat. 1009.

Pub. L. 89–299, title II, Oct. 28, 1965, 79 Stat. 1104.

Pub. L. 88–511, title II, Aug. 30, 1964, 78 Stat. 689.

Pub. L. 88–257, title II, Dec. 31, 1963, 77 Stat. 850.

Pub. L. 87–880, title II, Oct. 24, 1962, 76 Stat. 1222.

Pub. L. 87–330, title II, Sept. 30, 1961, 75 Stat. 727.

Pub. L. 86–700, title II, Sept. 2, 1960, 74 Stat. 748.

Pub. L. 86–254, title II, Sept. 10, 1959, 73 Stat. 497.

Pub. L. 85–863, title II, Sept. 2, 1958, 72 Stat. 1577.

Pub. L. 85–167, 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.

§377b. Availability of appropriations for Bureau of Reclamation

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 1 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 the Acts of August 21, 1935 (16 U.S.C. 461–467) and June 27, 1960 (16 U.S.C. 469): 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 2 are awarded in accordance with title IX of the Federal Property and Administrative Service 3 Act of 1949.2

(Pub. L. 102–377, title II, Oct. 2, 1992, 106 Stat. 1330, 1331; Pub. L. 108–137, title II, §206, Dec. 1, 2003, 117 Stat. 1849.)

References in Text

The 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 August 21, 1935, referred to in text, is act Aug. 21, 1935, ch. 593, 49 Stat. 666, popularly known as the Historic Sites, Buildings and Antiquities Act, which is classified generally to sections 461 to 467 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 461 of Title 16 and Tables.

Act of June 27, 1960, referred to in text, is Pub. L. 86–523, June 27, 1960, 74 Stat. 220, which enacted sections 469 to 469c–1 of Title 16, Conservation. For complete classification of this Act to the Code, see Tables.

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. 102–377, 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. 107–217, §§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. 102–377, Oct. 2, 1992, 106 Stat. 1330, 1331.

Amendments

2003—Pub. L. 108–137 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”.

1 So in original. Probably should be followed by a comma.

2 See References in Text note below.

3 So in original. Probably should be “Services”.

§378. Omitted

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.

§379. Purchase of scientific books, law books, etc.

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.)

References in Text

Act 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.

§380. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

Section, act July 1, 1918, ch. 113, 40 Stat. 675, authorized purchases and procurement of services without advertising and formal contract.

§§380a, 380b. Omitted

Codification

Section 380a, acts Aug. 4, 1939, ch. 418, §13, 53 Stat. 1197; Oct. 10, 1940, ch. 851, §4, 54 Stat. 1111, authorized purchases by Bureau of Reclamation without compliance with section 16 of former Title 41, Public Contracts.

Section 380b, act July 9, 1952, ch. 597, title I, 66 Stat. 453, which authorized transfer of surplus aircraft parts and equipment to Bureau of Reclamation was from the Interior Department Appropriation Act, 1953, and was not repeated in subsequent appropriation acts.

A prior section 380b, act Aug. 31, 1951, ch. 375, title I, 65 Stat. 257, contained provisions similar to section 380b.

§381. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 639

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.

§382. Repealed. Pub. L. 87–304, §9(a)(3), Sept. 26, 1961, 75 Stat. 664

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.

§383. Vested rights and State laws unaffected

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.)

References in Text

This 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.

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

§384. Extension of time for payment of charges accrued prior to March 2, 1924, and January 1, 1925

(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) of this section, 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) of this section: 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.)

References in Text

Act 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.

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.

§385. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 649

Section, act Aug. 9, 1937, ch. 570, §1, 50 Stat. 592, related to contracts for medical attention and service for employees.

Pub. L. 89–554, §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.

§385a. Payments to school districts for education of dependents of construction personnel; cooperative arrangements; chargeable to project

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.)

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.

§385b. Repealed. Pub. L. 86–533, §1(18), June 29, 1960, 74 Stat. 248

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.

§385c. Omitted

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.

§386. Application of excess-land provisions of reclamation laws to certain lands

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.)

§387. Removal of sand, gravel, etc.; leases, easements, etc.

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.)

References in Text

The Federal reclamation laws, referred to in text, are defined in section 485a of this title.

Amendments

1950—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.

Definitions

The definitions in section 485a of this title apply to this section.

§388. Contracts for materials; liability of United States

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.)

Definitions

The definitions in section 485a of this title apply to this section.

§389. Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy

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.)

Definitions

The definitions in section 485a of this title apply to this section.

§390. Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation

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. 99–662, title IX, §931, Nov. 17, 1986, 100 Stat. 4196.)

References in Text

Act 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.

Amendments

1986—Pub. L. 99–662 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.”

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.

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.

Extension of Variable Payment Plan

Authority 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. 85–611, Aug. 8, 1958, 72 Stat. 542, set out as a note under section 485h of this title.

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

§390a. Repealed. Pub. L. 105–362, title IX, §901(e)(2), Nov. 10, 1998, 112 Stat. 3289

Section, acts July 31, 1953, ch. 298, title I, 67 Stat. 266; Pub. L. 99–294, §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. 105–362, title IX, §901(e)(1), Nov. 10, 1998, 112 Stat. 3289.

§390b. Development of water supplies for domestic, municipal, industrial, and other purposes

(a) Declaration of policy

It is declared to be the policy of the Congress to recognize the primary responsibilities of the States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes and that the Federal Government should participate and cooperate with States and local interests in developing such water supplies in connection with the construction, maintenance, and operation of Federal navigation, flood control, irrigation, or multiple purpose projects.

(b) Storage in reservoir projects; agreements for payment of cost of construction or modification of projects

In carrying out the policy set forth in this section, it is provided that storage may be included in any reservoir project surveyed, planned, constructed or to be planned, surveyed and/or constructed by the Corps of Engineers or the Bureau of Reclamation to impound water for present or anticipated future demand or need for municipal or industrial water, and the reasonable value thereof may be taken into account in estimating the economic value of the entire project: Provided, That the cost of any construction or modification authorized under the provisions of this section shall be determined on the basis that all authorized purposes served by the project shall share equitably in the benefits of multiple purpose construction, as determined by the Secretary of the Army or the Secretary of the Interior, as the case may be: Provided further, That before construction or modification of any project including water supply provisions for present demand is initiated, State or local interests shall agree to pay for the cost of such provisions in accordance with the provisions of this section: And provided further, That (1) for Corps of Engineers projects, not to exceed 30 percent of the total estimated cost of any project may be allocated to anticipated future demands, and, (2) for Bureau of Reclamation projects, not to exceed 30 per centum of the total estimated cost of any project may be allocated to anticipated future demands where State or local interests give reasonable assurances, and there is reasonable evidence, that such demands for the use of such storage will be made within a period of time which will permit paying out the costs allocated to water supply within the life of the project: And provided further, That for Corps of Engineers projects, the Secretary of the Army may permit the full non-Federal contribution to be made, without interest, during construction of the project, or, with interest, over a period of not more than thirty years from the date of completion, with repayment contracts providing for recalculation of the interest rate at, five-year intervals, and for Bureau of Reclamation projects, the entire amount of the construction costs, including interest during construction, allocated to water supply shall be repaid within the life of the project but in no event to exceed fifty years after the project is first used for the storage of water for water supply purposes, except that (1) no payment need be made with respect to storage for future water supply until such supply is first used, and (2) no interest shall be charged on such cost until such supply is first used, but in no case shall the interest-free period exceed ten years. For Corps of Engineers projects, all annual operation, maintenance, and replacement costs for municipal and industrial water supply storage under the provisions of this section shall be reimbursed from State or local interests on an annual basis. For Corps of Engineers projects, any repayment by a State or local interest shall be made with interest at a rate to be determined by the Secretary of the Treasury, taking into consideration the average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period, during the month preceding the fiscal year in which costs for the construction of the project are first incurred (or, when a recalculation is made), plus a premium of one-eighth of one percentage point for transaction costs. For Bureau of Reclamation projects, the interest rate used for purposes of computing interest during construction and interest on the unpaid balance shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, 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 date of issue. The provisions of this subsection insofar as they relate to the Bureau of Reclamation and the Secretary of the Interior shall be alternative to and not a substitute for the provisions of the Reclamation Projects Act of 1939 (53 Stat. 1187) [43 U.S.C. 485 et seq.] relating to the same subject.

(c) Application to other laws

The provisions of this section shall not be construed to modify the provisions of section 701–1 of title 33 and section 390 of this title, as amended and extended, or the provisions of sections 372 and 383 of this title.

(d) Approval of Congress of modifications of reservoir projects

Modifications of a reservoir project heretofore authorized, surveyed, planned, or constructed to include storage as provided in subsection (b) of this section which would seriously affect the purposes for which the project was authorized, surveyed, planned, or constructed, or which would involve major structural or operational changes shall be made only upon the approval of Congress as now provided by law.

(Pub. L. 85–500, title III, §301, July 3, 1958, 72 Stat. 319; Pub. L. 87–88, §10, July 20, 1961, 75 Stat. 210; Pub. L. 99–662, title IX, §932(a), Nov. 17, 1986, 100 Stat. 4196.)

References in Text

The Reclamation Projects Act of 1939, referred to in subsec. (b), is act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended, which is classified principally to subchapter X (§485 et seq.) of this chapter. For complete classification of this Act to the Code, see section 485k of this title and Tables.

Amendments

1986—Subsec. (b). Pub. L. 99–662 inserted in third proviso “(1) for Corps of Engineers projects, not to exceed 30 percent of the total estimated cost of any project may be allocated to anticipated future demands, and, (2) for Bureau of Reclamation projects,”, inserted in fourth proviso “for Corps of Engineers projects, the Secretary of the Army may permit the full non-Federal contribution to be made, without interest, during construction of the project, or, with interest, over a period of not more than thirty years from the date of completion, with repayment contracts providing for recalculation of the interest rate at, five-year intervals, and for Bureau of Reclamation projects,”, inserted after first sentence “For Corps of Engineers projects, all annual operation, maintenance, and replacement costs for municipal and industrial water supply storage under the provisions of this section shall be reimbursed from State or local interests on an annual basis. For Corps of Engineers projects, any repayment by a State or local interest shall be made with interest at a rate to be determined by the Secretary of the Treasury, taking into consideration the average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period, during the month preceding the fiscal year in which costs for the construction of the project are first incurred (or, when a recalculation is made), plus a premium of one-eighth of one percentage point for transaction costs.”, and substituted “For Bureau of Reclamation projects, the interest rate used” for “The interest rate used”.

1961—Subsec. (b). Pub. L. 87–88 substituted provisions permitting not more than 30 per centum of the total estimated cost of any project to be allocated to anticipated future demands where State or local interests give reasonable assurances, and there is reasonable evidence, that such demands for the use of such storage will be made within a period of time which will permit paying out the costs allocated to water supply within the life of the project for provisions which permitted not more than 30 per centum of the total estimated cost of any project to be allocated to anticipated future demands where States or local interests give reasonable assurance that they will contract for the use of storage for anticipated future demands within a period of time which will permit paying out the costs allocated to water supply within the life of the project.

Short Title of 1961 Amendment

Section 11 of Pub. L. 87–88 provided that: “This Act [amending this section, and sections 1151, 1153 to 1155, 1157 to 1160, 1171 to 1173 of Title 33, Navigation and Navigable Waters, and enacting provisions set out as notes under sections 1151, 1157, and 1159 of Title 33] may be cited as the ‘Federal Water Pollution Control Act Amendments of 1961’.”

Short Title

Section 302 of Pub. L. 85–500 provided that: “Title III of this Act [enacting this section] may be cited as the ‘Water Supply Act of 1958’.”

Amendment of Contracts Existing Prior to November 17, 1986

Pub. L. 99–662, title IX, §932(b), Nov. 17, 1986, 100 Stat. 4197, provided that: “Nothing in this section [amending this section] shall be deemed to amend or require amendment of any valid contract entered into pursuant to the Water Supply Act of 1958 [this section], or Federal reclamation law and approved by the Secretary of the Army or the Secretary of the Interior prior to the date of enactment of this Act [Nov. 17, 1986].”

§390c. Water reservoirs; interests of States and local agencies in storage space

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. 88–140, §1, Oct. 16, 1963, 77 Stat. 249.)

§390d. Dams and reservoirs wherein costs thereof, or rights thereto, have been acquired by local interests

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. 88–140, §2, Oct. 16, 1963, 77 Stat. 249.)

§390e. Rights, acquisition and availability of; obligation for operation and maintenance; costs for reconstruction, rehabilitation, or replacement; use during Government operation or by contract

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. 88–140, §3, Oct. 16, 1963, 77 Stat. 249.)

§390f. Revision of leases or agreements to evidence conversion of rights to use of storage rights

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. 88–140, §4, Oct. 16, 1963, 77 Stat. 250.)

§390g. Groundwater recharge of aquifers; demonstration program

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 390g–8 of this title: Provided, That funds made available pursuant to sections 390g to 390g–8 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 390g–8 of this title.

(Pub. L. 98–434, §2, Sept. 28, 1984, 98 Stat. 1675.)

Short Title

Section 1 of Pub. L. 98–434 provided: “That this Act [enacting sections 390g to 390g–8 of this title] may be cited as the ‘High Plains States Groundwater Demonstration Program Act of 1983’.”

§390g–1. Phase I of groundwater recharge demonstration program

(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. 98–434, §3, Sept. 28, 1984, 98 Stat. 1675; Pub. L. 104–66, title I, §1081(c), Dec. 21, 1995, 109 Stat. 721.)

Amendments

1995—Subsec. (d). Pub. L. 104–66 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.”

§390g–2. Phase II of groundwater recharge demonstration program

(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) of this section.

(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) of this section and the study referred to in subsection (b) of this section.

(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) of this section;

(B) the results of the studies referred to in subsection (b) of this section;

(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 390g–1 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) of this section.

(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. 98–434, §4, Sept. 28, 1984, 98 Stat. 1676; Pub. L. 102–575, title XXVI, §2601(1), (2), Oct. 30, 1992, 106 Stat. 4689.)

Amendments

1992—Subsec. (c). Pub. L. 102–575 substituted “summary report” for “final report” in two places in introductory provisions of par. (2) and added pars. (3) to (5).

§390g–3. Evaluation of water quality impacts

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 390g–8 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 Secretary's summary report to the Congress referred to in section 390g–2(c)(2) of this title.

(Pub. L. 98–434, §5, Sept. 28, 1984, 98 Stat. 1676; Pub. L. 102–575, title XXVI, §2601(1), Oct. 30, 1992, 106 Stat. 4689.)

Amendments

1992—Pub. L. 102–575 substituted “summary report” for “final report”.

§390g–4. Authorization of appropriations to carry out phase I

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. 98–434, §6, Sept. 28, 1984, 98 Stat. 1677.)

§390g–5. Authorization of appropriations to carry out phase II

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. 98–434, §7, Sept. 28, 1984, 98 Stat. 1677; Pub. L. 102–575, title XXVI, §2601(3), Oct. 30, 1992, 106 Stat. 4689.)

Amendments

1992—Pub. L. 102–575 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)”.

§390g–6. Matching basis for funding phase II from non-Federal sources

The funds authorized to be appropriated pursuant to section 390g–5 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. 98–434, §8, Sept. 28, 1984, 98 Stat. 1677.)

§390g–7. New spending authority

Any new spending authority described in subsection (c)(2)(A) or (B) of section 651 1 of title 2 which is provided under sections 390g to 390g–8 of this title (or under any amendment made by sections 390g to 390g–8 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. 98–434, §9, Sept. 28, 1984, 98 Stat. 1677.)

References in Text

Section 651 of title 2, referred to in text, was amended by Pub. L. 105–33, title X, §10116(a)(3), (5), Aug. 5, 1997, 111 Stat. 691, by striking out subsec. (c) and redesignating former subsec. (d) as (c).

1 See References in Text note below.

§390g–8. Interstate transfer of water from Arkansas

No funds authorized to be appropriated by sections 390g to 390g–8 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. 98–434, §10, Sept. 28, 1984, 98 Stat. 1677.)

§390h. Program to investigate reclamation and reuse of wastewater and groundwater; general authority

(a) Program established

The Secretary of the Interior (hereafter “Secretary”), acting pursuant to the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory thereof and supplementary thereto (hereafter “Federal reclamation laws”), is directed to undertake a program to investigate and identify opportunities for reclamation and reuse of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters, for the design and construction of demonstration and permanent facilities to reclaim and reuse wastewater, and to conduct research, including desalting, for the reclamation of wastewater and naturally impaired ground and surface waters.

(b) States included

Such program shall be limited to the States and areas referred to in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) [43 U.S.C. 391] as amended, and the State of Hawaii.

(c) Agreements and regulations

The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of sections 390h to 390h–39 of this title.

(d) San Luis Unit of Central Valley Project, California

The Secretary shall not investigate, promote or implement, pursuant to sections 390h to 390h–39 of this title, any project intended to reclaim and reuse agricultural wastewater generated in the service area of the San Luis Unit of the Central Valley Project, California, except those measures recommended for action by the San Joaquin Valley Drainage Program in the report entitled A Management Plan for Agricultural Subsurface Drainage and Related Problems on the Westside San Joaquin Valley (September 1990).

(Pub. L. 102–575, title XVI, §1602, Oct. 30, 1992, 106 Stat. 4664; Pub. L. 106–566, title I, §104(a), Dec. 23, 2000, 114 Stat. 2819.)

References in Text

The Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388), referred to in subsec. (a), is act June 17, 1902, ch. 1093, 32 Stat. 388, 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.

Hereafter, referred to in subsec. (a), means hereafter in title XVI of Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4663, which enacted sections 390h to 390h–39 of this title.

Amendments

2000—Subsec. (b). Pub. L. 106–566 inserted “, and the State of Hawaii” before period at end.

Short Title of 2005 Amendment

Pub. L. 109–70, §1, Sept. 21, 2005, 119 Stat. 2009, provided that: “This Act [enacting section 390h–20 of this title and transferring section 390h–17a of this title to section 390h–19 of this title] may be cited as the ‘Hawaii Water Resources Act of 2005’.”

Short Title of 2004 Amendments

Pub. L. 108–316, §1(a), Oct. 5, 2004, 118 Stat. 1202, provided that: “This section [enacting section 390h–17a of this title] may be cited as the ‘Williamson County Water Recycling Act of 2004’.”

Pub. L. 108–233, §1, May 28, 2004, 118 Stat. 654, provided that: “This Act [enacting section 390h–18 of this title] may be cited as the ‘Irvine Basin Surface and Groundwater Improvement Act of 2004’.”

Short Title of 2000 Amendment

Pub. L. 106–566, title I, §101, Dec. 23, 2000, 114 Stat. 2818, provided that: “This title [amending this section] may be cited as the ‘Hawaii Water Resources Act of 2000’.”

Short Title of 1998 Amendment

Pub. L. 105–321, §1(a), Oct. 30, 1998, 112 Stat. 3020, provided that: “This Act [enacting section 390h–16 of this title, amending section 564w–1 of Title 25, Indians, and enacting and amending provisions listed in a table of National Wildlife Refuges set out under section 668dd of Title 16, Conservation] may be cited as the ‘Oregon Public Lands Transfer and Protection Act of 1998’.”

Short Title of 1996 Amendment

Pub. L. 104–266, §1, Oct. 9, 1996, 110 Stat. 3290, provided that: “This Act [enacting sections 390h–12a to 390h–12p of this title and amending sections 390h–1 to 390h–3, 390h–9, and 390h–13 to 390h–15 of this title] may be cited as the ‘Reclamation Recycling and Water Conservation Act of 1996’.”

Short Title

Section 1601 of title XVI of Pub. L. 102–575 provided that: “This title [enacting sections 390h to 390h–15 of this title] may be referred to as the ‘Reclamation Wastewater and Groundwater Study and Facilities Act’.”

§390h–1. Appraisal investigations

(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 390h–39 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 390h–39 of this title.

(d) Nonreimbursable costs

Costs of such appraisal investigations shall be nonreimbursable.

(Pub. L. 102–575, title XVI, §1603, Oct. 30, 1992, 106 Stat. 4664; Pub. L. 104–266, §3, Oct. 9, 1996, 110 Stat. 3295.)

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Amendments

1996—Subsec. (b). Pub. L. 104–266 inserted “by the Secretary or the non-Federal project sponsor” after “undertaken” in introductory provisions.

§390h–2. Feasibility studies

(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 390h–1 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 390h–4 and 390h–6 through 390h–8 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 390h–39 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 project's service area; and

(7) the financial capability of the non-Federal project sponsor to fund its proportionate share of the project's construction costs on an annual basis.

(Pub. L. 102–575, title XVI, §1604, Oct. 30, 1992, 106 Stat. 4665; Pub. L. 104–266, §4, Oct. 9, 1996, 110 Stat. 3295.)

References in Text

The Federal reclamation laws, referred to in subsec. (b), are defined in section 390h(a) of this title.

Amendments

1996—Subsec. (c). Pub. L. 104–266, §4(1), substituted “conducted by the Secretary or the non-Federal project sponsor” for “authorized” in introductory provisions.

Subsec. (c)(3). Pub. L. 104–266, §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. 104–266, §4(4), added subpar. (C).

Subsec. (c)(6), (7). Pub. L. 104–266, §4(3), (5), added pars. (6) and (7).

§390h–3. Research and demonstration projects

(a) Reclamation of wastewater and ground and surface waters

The Secretary is authorized to conduct research and to construct, operate, and maintain cooperative demonstration projects for the development and demonstration of appropriate treatment technologies for the reclamation of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters. The Federal share of the costs of demonstration projects shall not exceed 50 per centum of the total cost including operation and maintenance. Rights to inventions developed pursuant to this section shall be governed by the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 96–480) [15 U.S.C. 3701 et seq.] as amended by the Technology Transfer Act of 1986 (Public Law 99–502).

(b) Long Beach Desalination Research and Development Project

(1) The Secretary, in cooperation with the city of Long Beach, the Central Basin Municipal Water District, and the Metropolitan Water District of Southern California may participate in the design, planning, and construction of the Long Beach Desalination Research and Development Project in Los Angeles County, California.

(2) The Federal share of the cost of the project described in paragraph (1) shall not exceed 50 percent of the total.

(3) The Secretary shall not provide funds for the operation or maintenance of the project described in paragraph (1).

(c) Las Vegas Area Shallow Aquifer Desalination Research and Development Project

(1) The Secretary, in cooperation with the Southern Nevada Water Authority, may participate in the design, planning, and construction of the Las Vegas Area Shallow Aquifer Desalination Research and Development Project in Clark County, Nevada.

(2) The Federal share of the cost of the project described in paragraph (1) shall not exceed 50 percent of the total.

(3) The Secretary shall not provide funds for the operation or maintenance of the project described in paragraph (1).

(d) Federal contribution

A Federal contribution in excess of 25 percent for a project under this section may not be made until after the Secretary determines that the project is not feasible without such Federal contribution.

(Pub. L. 102–575, title XVI, §1605, Oct. 30, 1992, 106 Stat. 4665; Pub. L. 104–266, §5, Oct. 9, 1996, 110 Stat. 3295.)

References in Text

The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (a), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, as amended, which is classified generally to chapter 63 (§3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.

The Technology Transfer Act of 1986, referred to in subsec. (a), is Pub. L. 99–502, Oct. 20, 1986, 100 Stat. 1785, known as the Federal Technology Transfer Act of 1986. For complete classification of this Act to the Code, see Short Title of 1986 Amendments note set out under section 3701 of Title 15 and Tables.

Amendments

1996—Pub. L. 104–266 designated existing provisions as subsec. (a) and added subsecs. (b) to (d).

§390h–4. Southern California comprehensive water reclamation and reuse study

(a) General authority

The Secretary is authorized to conduct a study to assess the feasibility of a comprehensive water reclamation and reuse system for Southern California. For the purpose of sections 390h to 390h–39 of this title, the term “Southern California” means those portions of the counties of Imperial, Los Angeles, Orange, San Bernadino,1 Riverside, San Diego, and Ventura within the south coast and Colorado River hydrologic regions as defined by the California Department of Water Resources.

(b) Cooperation with State; Federal share

The Secretary shall conduct the study authorized by this section in cooperation with the State of California and appropriate local and regional entities. The Federal share of the costs associated with this study shall not exceed 50 per centum of the total.

(c) Report

The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than six years after appropriation of funds authorized by sections 390h to 390h–39 of this title.

(Pub. L. 102–575, title XVI, §1606, Oct. 30, 1992, 106 Stat. 4665; Pub. L. 103–437, §16(a)(2), Nov. 2, 1994, 108 Stat. 4594.)

Amendments

1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.

Reuse of Waste Water

Pub. L. 102–580, title II, §217, Oct. 31, 1992, 106 Stat. 4833, provided that:

“(a) In General.—The Secretary is authorized to provide assistance to non-Federal interests for carrying out projects described in subsection (c) for the beneficial reuse of waste water. Such assistance may be in the form of technical and planning and design assistance. If the Secretary is to provide any design or engineering assistance to carry out a project under this section, the Secretary shall obtain by procurement from private sources all services necessary for the Secretary to provide such assistance, unless the Secretary finds that—

“(1) the service would require the use of a new technology unavailable in the private sector; or

“(2) a solicitation or request for proposal has failed to attract 2 or more bids or proposals.

“(b) Non-Federal Share.—The non-Federal share of the cost of assistance provided under this section shall not be less than 25 percent, except that such share shall be subject to the ability of the non-Federal interest to pay, including the procedures and regulations relating to ability to pay established under section 103(m) of the Water Resources Development Act of 1986 [33 U.S.C. 2213(m)].

“(c) Project Descriptions.—The projects for which the Secretary is authorized to provide assistance under subsection (a) are as follows:

“(1) Southern california comprehensive water reuse system.—

“(A) Description.—A regional water reuse system for Southern California to treat, store, and transfer water in order to provide a new increment of water supply for agricultural, municipal, industrial, and environmental needs of Southern California.

“(B) Cooperation.—The Secretary shall carry out this paragraph in cooperation with the State of California and appropriate local and regional entities.

“(C) Southern california defined.—For purposes of this paragraph, the term ‘Southern California’ means those portions of the counties of Imperial, Los Angeles, Orange, San Bernardino, Riverside, San Diego, Ventura, Santa Barbara, and San Luis Obispo, California, within the south coast, central coast, and Colorado River hydrologic regions as defined by the California Department of Water Resources.

“(2) San diego area water reuse demonstration facilities.—Water reuse facilities (which are not inconsistent with facilities mandated by the United States District Court in San Diego, California) to develop advance technology for economically and environmentally sound alternative water supplies for the San Diego metropolitan area.

“(3) Santa rosa water reuse projects.—

“(A) Description.—Water reuse projects for the city of Santa Rosa, California, to treat waste water and store such treated water for the purposes of providing new water supplies for agriculture, municipal, environmental, and other purposes and reducing the use of potable water supplies for purposes where treated waste water is a viable substitute.

“(B) Cooperation.—The Secretary shall carry out this paragraph in cooperation with the city of Santa Rosa, California, and other appropriate authorities.

“(4) Monterey county, california.—

“(A) Description.—Reduction of salt water intrusion into aquifers in the vicinity of Castroville, California, for the purposes of improving the water quality of Monterey Bay and enhancing long-term water supply in the area.

“(B) Cooperation.—The Secretary shall carry out this paragraph in cooperation with the Monterey Regional Water Pollution Control Agency and the Monterey County Water Resources Agency.

“(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $5,000,000. Such sums shall remain available until expended.”

1 So in original. Probably should be “San Bernardino,”.

§390h–5. San Jose area water reclamation and reuse program

(a) The Secretary, in cooperation with the city of San Jose, California, and the Santa Clara Valley Water District, and local water suppliers, shall participate in the planning, design and construction of demonstration and permanent facilities to reclaim and reuse water in the San Jose metropolitan service area.

(b) The Federal share of the costs of the facilities authorized by subsection (a) of this section 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. 102–575, title XVI, §1607, Oct. 30, 1992, 106 Stat. 4666.)

Demonstration of Waste Water Technology, Santa Clara Valley Water District and San Jose, California

Pub. L. 102–580, title II, §218, Oct. 31, 1992, 106 Stat. 4834, provided that:

“(a) In General.—The Secretary, in cooperation with the Administrator of the Environmental Protection Agency, is authorized to provide design and construction assistance to the Santa Clara Valley Water District in San Jose, California, and to the city of San Jose, California, for demonstrating and field testing public use innovative processes which advance the technology of waste water reuse and treatment and which promote the use of treated waste water for critical water supply purposes and for the protection of fish and wildlife in the San Francisco Bay. All design, construction, and comprehensive health effects studies shall be carried out by non-Federal interests.

“(b) Purposes of Assistance.—Assistance may be provided under this section—

“(1) for the design and construction of an innovative nonpotable waste water reuse treatment facility with distribution systems;

“(2) for the design and construction of an innovative potable waste water reuse pilot plant;

“(3) for implementation of a comprehensive health effects study of the performance of the potable waste water reuse pilot plant; and

“(4) after the pilot plant is constructed and is operational, for the design and construction of a potable waste water reuse project, along with integration of the additional potable processes into the existing nonpotable facilities, and the extension of the distribution systems to groundwater recharge areas, if the Secretary, in cooperation with the Administrator of the Environmental Protection Agency, determines that the established public health requirements and water quality goals and objectives are being met by the pilot plant, the public health and safety is not at risk as a result of the operation of the pilot plant, and the pilot plant is operating reliably.

“(c) Cost Sharing.—Total project costs under this section shall be shared at 75 percent Federal and 25 percent non-Federal. The non-Federal sponsor shall receive credit for lands, easements, rights-of-way, and relocations toward its share of project costs, but not to exceed 25 percent of total project costs. Operation and maintenance cost shall be 100 percent non-Federal.

“(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $10,000,000. Such sums shall remain available until expended.”

§390h–6. Phoenix metropolitan water reclamation study and program

(a) General authority

The Secretary, in cooperation with the city of Phoenix, Arizona, shall participate in the planning, design, and construction of the Phoenix Metropolitan Water Reclamation and Reuse Project to utilize fully wastewater from the regional wastewater treatment plant for direct municipal, industrial, agricultural and environmental purposes, groundwater recharge and indirect potable reuse in the Phoenix metropolitan area.

(b) Federal share

The Federal share of the costs associated with the project described in subsection (a) of this section shall not exceed 25 per centum of the total. The Secretary shall not provide funds for operation or maintenance of the project.

(Pub. L. 102–575, title XVI, §1608, Oct. 30, 1992, 106 Stat. 4666; Pub. L. 103–437, §16(a)(2), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 106–53, title V, §596, Aug. 17, 1999, 113 Stat. 384.)

Amendments

1999—Subsec. (a). Pub. L. 106–53, §596(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “The Secretary, in cooperation with the city of Phoenix, Arizona, shall conduct a feasibility study of the potential for development of facilities to utilize fully wastewater from the regional wastewater treatment plant for direct municipal, industrial, agricultural, and environmental purposes, groundwater recharge and direct potable reuse in the Phoenix metropolitan area, and in cooperation with the city of Phoenix design and construct facilities for environmental purposes, ground water recharge and direct potable reuse.”

Subsec. (b). Pub. L. 106–53, §596(2), struck out first sentence which read as follows: “The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.”

Subsec. (c). Pub. L. 106–53, §596(3), struck out subsec. (c) which read as follows: “The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than two years after appropriation of funds authorized by sections 390h to 390h–15 of this title.”

1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.

§390h–7. Tucson area water reclamation study

(a) General authority

The Secretary, in cooperation with the State of Arizona and appropriate local and regional entities, shall conduct a feasibility study of comprehensive water reclamation and reuse system for Southern Arizona. For the purpose of this section, the term “Southern Arizona” means those portions of the counties of Pima, Santa Cruz, and Pinal within the Tucson Active Management Hydrologic Area as defined by the Arizona Department of Water Resources.

(b) Federal share

The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.

(c) Report

The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than four years after appropriation of funds authorized by sections 390h to 390h–39 of this title.

(Pub. L. 102–575, title XVI, §1609, Oct. 30, 1992, 106 Stat. 4666; Pub. L. 103–437, §16(a)(2), Nov. 2, 1994, 108 Stat. 4594.)

Amendments

1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.

§390h–8. Lake Cheraw water reclamation and reuse study

(a) General authority

The Secretary is authorized, in cooperation with the State of Colorado and appropriate local and regional entities, to conduct a study to assess and develop means of reclaiming the waters of Lake Cheraw, Colorado, or otherwise ameliorating, controlling and mitigating potential negative impacts of pollution in the waters of Lake Cheraw on groundwater resources or the waters of the Arkansas River.

(b) Federal share

The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.

(c) Report

The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than two years after appropriation of funds authorized by sections 390h to 390h–39 of this title.

(Pub. L. 102–575, title XVI, §1610, Oct. 30, 1992, 106 Stat. 4667; Pub. L. 103–437, §16(a)(2), Nov. 2, 1994, 108 Stat. 4594.)

Amendments

1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.

§390h–9. San Francisco area water reclamation study

(a) General authority

The Secretary, in cooperation with the city and county of San Francisco, shall conduct a feasibility study of the potential for development of demonstration and permanent facilities to reclaim water in the San Francisco area for the purposes of export and reuse elsewhere in California.

(b) Federal share

The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.

(c) Report

The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than five years after appropriation of funds authorized by sections 390h to 390h–39 of this title.

(Pub. L. 102–575, title XVI, §1611, Oct. 30, 1992, 106 Stat. 4667; Pub. L. 103–437, §16(a)(2), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 104–266, §6, Oct. 9, 1996, 110 Stat. 3296.)

Amendments

1996—Subsec. (c). Pub. L. 104–266 substituted “five” for “four”.

1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.

§390h–10. San Diego area water reclamation program

(a) The Secretary, in cooperation with the city of San Diego, California 1 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) of this section 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. 102–575, title XVI, §1612, Oct. 30, 1992, 106 Stat. 4667.)

1 So in original. Probably should be followed by a comma.

§390h–11. Los Angeles area water reclamation and reuse project

(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 Secretary's share of costs associated with the project described in subsection (a) of this section shall not exceed 25 per centum of the total. The Secretary shall not provide funds for operation or maintenance of the project.

(Pub. L. 102–575, title XVI, §1613, Oct. 30, 1992, 106 Stat. 4667.)

§390h–12. San Gabriel basin demonstration project

(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 Secretary's share of costs associated with the project described in subsection (a) of this section 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. 102–575, title XVI, §1614, Oct. 30, 1992, 106 Stat. 4668.)

§390h–12a. North San Diego County Area Water Recycling Project

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1615, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3290.)

Prior Provisions

A prior section 1615 of Pub. L. 102–575 was renumbered section 1631 and is classified to section 390h–13 of this title.

§390h–12b. Calleguas Municipal Water District Recycling Project

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1616, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3290.)

Prior Provisions

A prior section 1616 of Pub. L. 102–575 was renumbered section 1632 and is classified to section 390h–14 of this title.

§390h–12c. Central Valley Water Recycling Project

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1617, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)

Prior Provisions

A prior section 1617 of Pub. L. 102–575 was renumbered section 1633 and is classified to section 390h–15 of this title.

§390h–12d. St. George Area Water Recycling Project

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1618, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)

§390h–12e. Watsonville Area Water Recycling Project

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1619, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)

§390h–12f. Southern Nevada Water Recycling Project

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1620, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)

§390h–12g. Albuquerque Metropolitan Area Water Reclamation and Reuse Project

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1621, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3292; amended Pub. L. 105–62, title V, §506, Oct. 13, 1997, 111 Stat. 1339.)

Codification

Section 506 of Pub. L. 105–62, which directed the amendment of “section 1621 of title XVI of the Reclamation Wastewater and Groundwater Act, Public Law 104–266”, 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. 102–575, as added by Pub. L. 104–266, to reflect the probable intent of Congress.

Amendments

1997—Pub. L. 105–62, §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. 105–62, §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. 105–62, §506(1), which directed the substitution of “project” for “study”, was executed by substituting “Project” for “Study” to reflect the probable intent of Congress.

§390h–12h. El Paso Water Reclamation and Reuse Project

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1622, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3292.)

§390h–12i. Reclaimed water in Pasadena

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1623, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3292.)

§390h–12j. Orange County Regional Water Reclamation Project

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1624, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3292; amended Pub. L. 111–11, title IX, §9111(c), Mar. 30, 2009, 123 Stat. 1318.)

Amendments

2009—Pub. L. 111–11, §9111(c)(1), struck out “Phase 1 of the” before “Orange County” in section catchline.

Subsec. (a). Pub. L. 111–11, §9111(c)(2), struck out “phase 1 of” before “the Orange County”.

§390h–12k. City of West Jordan Water Reuse Project

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1625, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)

§390h–12l. Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1626, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)

§390h–12m. Mission Basin Brackish Groundwater Desalting Demonstration Project

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1627, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)

§390h–12n. Treatment of effluent from sanitation districts of Los Angeles County through city of Long Beach

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1628, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)

§390h–12o. San Joaquin Area Water Recycling and Reuse Project

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1629, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3294.)

§390h–12p. Tooele Wastewater Treatment and Reuse Project

(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) of 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 described in subsection (a) of this section.

(Pub. L. 102–575, title XVI, §1630, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3294.)

§390h–13. Authorization of appropriations

(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 390h–12p 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 390h–39 of this title until after—

(A) an appraisal investigation and a feasibility study that complies with the provisions of sections 390h–1(b) or 390h–2(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 project's 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 project's construction costs on an annual basis.


(2) The requirements of paragraph (1) shall not apply to those projects authorized by sections 390h to 390h–39 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) of this section 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 project's non-Federal share of the project's costs.

(d) Ceiling on Federal share

(1) Notwithstanding any other provision of sections 390h to 390h–39 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 390h–39 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 390h–39 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 390h–12 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. 102–575, title XVI, §1631, formerly §1615, Oct. 30, 1992, 106 Stat. 4668; renumbered §1631 and amended Pub. L. 104–266, §§2(a)(1), (b)(1), 7, Oct. 9, 1996, 110 Stat. 3290, 3294, 3296; Pub. L. 108–418, §1, Nov. 30, 2004, 118 Stat. 2340.)

References in Text

Sections 390h through 390h–12p 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. 102–575, which are classified to sections 390h to 390h–12p of this title and provisions set out as a note under section 390h of this title.

Amendments

2004—Subsec. (d)(2). Pub. L. 108–418 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. 104–266 designated existing provisions as subsec. (a), substituted “300h–12p” for “300h–12”, and added subsecs. (b) to (d).

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.

§390h–14. Groundwater study

(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,1 and

(3) the Secretary's 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 390h–15 of this title.

(Pub. L. 102–575, title XVI, §1632, formerly §1616, Oct. 30, 1992, 106 Stat. 4668; Pub. L. 103–437, §16(a)(2), Nov. 2, 1994, 108 Stat. 4594; renumbered §1632 and amended Pub. L. 104–266, §2(a)(1), (b)(2), Oct. 9, 1996, 110 Stat. 3290, 3294.)

References in Text

The High Plains Groundwater Demonstration Program Act of 1983, referred to in subsec. (a), is Pub. L. 98–434, Sept. 28, 1984, 98 Stat. 1675, which is classified generally to sections 390g to 390g–8 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.

Amendments

1996—Subsec. (c). Pub. L. 104–266, §2(b)(2), made technical amendment to reference in original act which appears in text as reference to section 390h–15 of this title.

1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.

Change of Name

Geological Survey redesignated United States Geological Survey by provision of title I of Pub. L. 102–154, Nov. 13, 1991, 105 Stat. 1000, set out as a note under section 31 of this title.

1 So in original. The comma probably should be a semicolon.

§390h–15. Authorization of appropriations

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 390h–14 of this title.

(Pub. L. 102–575, title XVI, §1633, formerly §1617, Oct. 30, 1992, 106 Stat. 4669; renumbered §1633 and amended Pub. L. 104–266, §2(a)(1), (b)(3), Oct. 9, 1996, 110 Stat. 3290, 3294.)

Amendments

1996—Pub. L. 104–266, §2(b)(3), made technical amendment to reference in original act which appears in text as reference to section 390h–14 of this title.

§390h–16. Willow Lake Natural Treatment System Project

(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. 102–575, title XVI, §1634, as added Pub. L. 105–321, §6(a), Oct. 30, 1998, 112 Stat. 3025.)

§390h–17. Lakehaven, Washington, Water Reclamation and Reuse Project

(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. 102–575, title XVI, §1635, as added Pub. L. 107–344, §1, Dec. 17, 2002, 116 Stat. 2893.)

§390h–17a. Transferred

Codification

Section, Pub. L. 102–575, title XVI, §1636, as added Pub. L. 108–316, §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. 102–575 by Pub. L. 109–70, §2(a)(1), Sept. 21, 2005, 119 Stat. 2009, and transferred to section 390h–19 of this title.

§390h–18. Irvine basin groundwater and surface water improvement projects

(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. 102–575, title XVI, §1636, as added Pub. L. 108–233, §2(a), May 28, 2004, 118 Stat. 654.)

Prior Provisions

Another section 1636 of Pub. L. 102–575 was renumbered 1637 and is classified to section 390h–19 of this title.

§390h–19. Williamson County, Texas, water recycling and reuse project

(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) of this section 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) of this section.

(Pub. L. 102–575, title XVI, §1637, formerly §1636, as added Pub. L. 108–316, §1(b), Oct. 5, 2004, 118 Stat. 1202; renumbered §1637, Pub. L. 109–70, §2(a)(1), Sept. 21, 2005, 119 Stat. 2009.)

Codification

Section was formerly classified to section 390h–17a of this title prior to renumbering by Pub. L. 109–70.

§390h–20. Hawaii reclamation projects

(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) of this section 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) of this section.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

(Pub. L. 102–575, title XVI, §1638, as added Pub. L. 109–70, §2(a)(2), Sept. 21, 2005, 119 Stat. 2009.)

§390h–21. Inland Empire regional water recycling project

(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 390h–4(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. 102–575, title XVI, §16——, as added Pub. L. 110–161, div. C, title II, §210, Dec. 26, 2007, 121 Stat. 1954.)

Codification

Section is based on section “16——” of Pub. L. 102–575. Two other sections “16——” of Pub. L. 102–575 have been enacted and are classified to sections 390h–22 and 390h–23 of this title.

§390h–22. Cucamonga Valley water recycling project

(a) In general

The Secretary, in cooperation with the Cucamonga Valley Water District, may participate in the design, planning, and construction of the Cucamonga Valley Water District satellite recycling plants in Rancho Cucamonga, California, to reclaim and recycle approximately 2 million gallons per day of domestic wastewater.

(b) Cost sharing

The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the capital 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, $10,000,000.

(e) Sunset of authority

The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after December 26, 2007.

(Pub. L. 102–575, title XVI, §16——, as added Pub. L. 110–161, div. C, title II, §210, Dec. 26, 2007, 121 Stat. 1955.)

Codification

Section is based on section “16——” of Pub. L. 102–575. Two other sections “16——” of Pub. L. 102–575 have been enacted and are classified to sections 390h–21 and 390h–23 of this title.

§390h–23. Southern California desert region integrated water and economic sustainability plan

(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 Agency's 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. 102–575, title XVI, §16——, as added Pub. L. 110–161, div. C, title II, §214(a), Dec. 26, 2007, 121 Stat. 1955.)

Codification

Section is based on section “16——” of Pub. L. 102–575. Two other sections “16——” of Pub. L. 102–575 have been enacted and are classified to sections 390h–21 and 390h–22 of this title.

Limitation on Funds; Credits Toward Non-Federal Share

Pub. L. 110–161, 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.”

§390h–24. Eastern Municipal Water District recycled water system pressurization and expansion project, California

(a) Authorization

The Secretary, in cooperation with the Eastern Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish operational pressure zones that will be used to provide recycled water in the district.

(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 or maintenance of the project described in subsection (a).

(d) Authorization of appropriations

There is authorized to be appropriated to carry out this section $12,000,000.

(e) Sunset of authority

The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after May 8, 2008.

(Pub. L. 102–575, title XVI, §1639, as added Pub. L. 110–229, title V, §511(a), May 8, 2008, 122 Stat. 840.)

§390h–25. Mountain View, Moffett Area reclaimed water pipeline project

(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. 102–575, title XVI, §1642, as added Pub. L. 110–229, title V, §512(a)(1), May 8, 2008, 122 Stat. 841.)

§390h–26. Pittsburg recycled water project

(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. 102–575, title XVI, §1643, as added Pub. L. 110–229, title V, §512(a)(1), May 8, 2008, 122 Stat. 841.)

§390h–27. Antioch recycled water project

(a