-CITE- 43 USC CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT -HEAD- CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT -MISC1- 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 Repealed. 373b.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. (a) Public safety regulations. (b) Violations; criminal penalties. (c) Authorization of law enforcement officers. (d) Powers of law enforcement officers. (e) Legal status of State or local law enforcement officers. (f) Concurrent jurisdiction. (g) Regulations. 373c. Definitions. 373d. Grants and cooperative agreements with Indian tribes and organizations. 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 Repealed or Omitted. 383.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 Repealed. 385a.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 Repealed or Omitted. 386.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. (a) Declaration of policy. (b) Storage in reservoir projects; agreements for payment of cost of construction or modification of projects. (c) Application to other laws. (d) Approval of Congress of modifications of reservoir projects. 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. (a) Development of detailed plan of demonstration projects; requisite features of plan. (b) Recommendation of demonstration projects. (c) Preliminary selection of projects. 390g-2. Phase II of groundwater recharge demonstration program. (a) Design, construction, and operation of projects. (b) Alternative means of cost allocation; economic feasibility of projects. (c) Reports to Congress. 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. (a) Program established. (b) States included. (c) Agreements and regulations. (d) San Luis Unit of Central Valley Project, California. 390h-1. Appraisal investigations. (a) Purposes; recommendations. (b) Matters to be considered. (c) Consultation and cooperation. (d) Nonreimbursable costs. 390h-2. Feasibility studies. (a) General authority; Federal and non-Federal cost shares. (b) Federal share considered project costs; reimbursement. (c) Matters to be considered. 390h-3. Research and demonstration projects. (a) Reclamation of wastewater and ground and surface waters. (b) Long Beach Desalination Research and Development Project. (c) Las Vegas Area Shallow Aquifer Desalination Research and Development Project. (d) Federal contribution. 390h-4. Southern California comprehensive water reclamation and reuse study. (a) General authority. (b) Cooperation with State; Federal share. (c) Report. 390h-5. San Jose area water reclamation and reuse program. 390h-6. Phoenix metropolitan water reclamation study and program. (a) General authority. (b) Federal share. 390h-7. Tucson area water reclamation study. (a) General authority. (b) Federal share. (c) Report. 390h-8. Lake Cheraw water reclamation and reuse study. (a) General authority. (b) Federal share. (c) Report. 390h-9. San Francisco area water reclamation study. (a) General authority. (b) Federal share. (c) Report. 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. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12b. Calleguas Municipal Water District Recycling Project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12c. Central Valley Water Recycling Project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12d. St. George Area Water Recycling Project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12e. Watsonville Area Water Recycling Project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12f. Southern Nevada Water Recycling Project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12g. Albuquerque Metropolitan Area Water Reclamation and Reuse Project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12h. El Paso Water Reclamation and Reuse Project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12i. Reclaimed water in Pasadena. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12j. Phase 1 of Orange County Regional Water Reclamation Project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12k. City of West Jordan Water Reuse Project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12l. Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12m. Mission Basin Brackish Groundwater Desalting Demonstration Project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12n. Treatment of effluent from sanitation districts of Los Angeles County through city of Long Beach. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12o. San Joaquin Area Water Recycling and Reuse Project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-12p. Tooele Wastewater Treatment and Reuse Project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-13. Authorization of appropriations. (a) In general. (b) Prerequisite cost-sharing agreement. (c) Congressional notification. (d) Ceiling on Federal share. 390h-14. Groundwater study. (a) Investigation, analysis, and report. (b) Consultation with Governors. (c) Report. 390h-15. Authorization of appropriations. 390h-16. Willow Lake Natural Treatment System Project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-17. Lakehaven, Washington, Water Reclamation and Reuse Project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-17a. Transferred. 390h-18. Irvine basin groundwater and surface water improvement projects. (a) Authorization. (b) Cost share. (c) Limitation. 390h-19. Williamson County, Texas, water recycling and reuse project. (a) Authorization. (b) Cost share. (c) Limitation. 390h-20. Hawaii reclamation projects. (a) Authorization. (b) Cost share. (c) Limitation. (d) Authorization of appropriations. SUBCHAPTER I-A - RECLAMATION REFORM 390aa. Congressional declaration of purpose; short title. 390bb. Definitions. 390cc. New or amended contracts. (a) Generally. (b) Amendment of existing contracts. (c) Election by qualified or limited recipients in absence of amendment to contract. (d) Consent of non-Federal party. 390dd. Limitation on ownership. 390ee. Pricing. (a) Delivery of irrigation water at full cost. (b) Delivery of irrigation water at prior terms and conditions. (c) Delivery of irrigation water to lands under recordable contracts. 390ff. Certification of compliance. 390gg. Equivalency. 390hh. Operation and maintenance charges. (a) Price adequate to recover charges. (b) Modification of price. (c) Districts not operating from Federal funds. 390ii. Disposition of excess lands. (a) Disposal of lands in excess of ownership limitations within reasonable time. (b) Continued delivery of irrigation water to lands held in excess of ownership limitations. (c) Amendment of existing recordable contracts. (d) Power of attorney requirement in contracts; exercise of power by Secretary. (e) Extension of time for disposal of excess lands. (f) Eligibility of excess lands for irrigation water after disposition. 390jj. Water conservation. (a) Implementation of program by non-Federal recipients. (b) Development of plan. (c) Coordination of ongoing programs; full public participation. 390kk. Residency not required. 390ll. Corps of Engineers projects. (a) Applicability of Federal reclamation laws. (b) Payment of construction, operation, maintenance and administrative costs allocated to conservation or irrigation storage. 390mm. Repayment of construction charges. (a) Ownership and pricing limitations inapplicable when repayment obligation has been discharged. (b) Certification of freedom from ownership and pricing limitations. (c) Lump sum or accelerated repayment of construction costs. 390nn. Trusts. 390oo. Temporary supplies of water. (a) Limitations inapplicable. (b) Waiver of payment for temporary water supplies. 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. (a) Report to Congress on production of surplus crops on acreage served by irrigation water. (b) Restrictions prohibiting delivery of irrigation water for production of excess basic agricultural commodities. 390ww. Administrative provisions. (a) Existing Federal reclamation law. (b) Existing statutory exemptions from ownership or pricing limitations of Federal reclamation law. (c) Regulations; collection of necessary data. (d) Omitted. (e) Sale of nonexcess land acquired into excess status pursuant to involuntary process of law, etc. (f) Omitted. (g) Annual audit of compliance with reclamation laws. (h) Recordable contracts executed prior to October 12, 1982. (i) Collection of underpayment with interest for irrigation water. 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 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. (a) Plans and estimates; review by States; allocation of capital costs. (b) Lands and water rights; ownership; financing. (c) Transmittal of findings and approval to Congress; certification of soil survey; reservation of land. (d) Amount of loan and/or grant; increase by Secretary. (e) Appropriation; nonapplicability. (f) Consideration of financial feasibility, emergency, or urgent need; jurisdiction and control of project works and facilities. 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. (a) Credits to entryman. (b) Credits to district; reduction of costs. (c) Extension of benefits to districts. 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. (a) Existing project contract unit. (b) New projects or projects under construction; public lands; development periods. (c) Report of proposed contracts to Congress; approval; amendment after approval. 485g. Classification of lands. (a) Generally. (b) Necessity for request. (c) Furnishing data. (d) Primary determination. (e) Probable justification. (f) Expenses. (g) Classification as prerequisite to contract. (h) Modification of existing obligations. 485h. New projects; sale of water and electric power; lease of power privileges. (a) Findings of Secretary. (b) Allocation of part of cost to flood control or navigation. (c) Furnishing water to municipalities; sale of electric power; lease of power privileges. (d) Delivery of water for irrigation; repayment contract prerequisites. (e) Contracts to furnish water. (f) Public participation. 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. (a) Costs resulting from age and normal deterioration or lack of maintenance of structures. (b) Nonreimbursable costs resulting from new hydrologic or seismic data or changes in criteria. (c) Reimbursement of certain modification costs. (d) Contracts for return of costs. (e) Cost containment; modification status. 509. Authorization of appropriations; report to Congress. 509a. Project beneficiaries. (a) Notice of modification. (b) Consultation. (c) Alternatives. (d) Waiver. 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. (a) Repealed. (b) Water service. (c) Contract for maintenance and use. (d) Disposition of land not contracted for. 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. (a) Construction, operation, and maintenance costs. (b) Conditions precedent to construction. (c) Repayment contract. 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. -End- -CITE- 43 USC SUBCHAPTER I - GENERAL PROVISIONS 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- SUBCHAPTER I - GENERAL PROVISIONS -End- -CITE- 43 USC Sec. 371 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 371. Definitions -STATUTE- 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. -SOURCE- (Dec. 5, 1924, ch. 4, Sec. 4, subsec. A, 43 Stat. 701.) -REFTEXT- 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. -MISC1- SHORT TITLE OF 1992 AMENDMENT Pub. L. 102-575, Sec. 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, Sec. 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, Sec. 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, Sec. 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 [now 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 [now 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, Sec. 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.] -End- -CITE- 43 USC Sec. 372 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 372. Water right as appurtenant to land and extent of right -STATUTE- 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. -SOURCE- (June 17, 1902, ch. 1093, Sec. 8, 32 Stat. 390.) -REFTEXT- 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. -COD- 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. -MISC1- 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. -End- -CITE- 43 USC Sec. 373 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 373. General authority of Secretary of the Interior -STATUTE- 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. -SOURCE- (June 17, 1902, ch. 1093, Sec. 10, 32 Stat. 390; Aug. 13, 1914, ch. 247, Sec. 15, 38 Stat. 690.) -REFTEXT- 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. -COD- CODIFICATION Act Aug. 13, 1914, cited as a credit to this section, did not amend act July 17, 1902, but contained identical provisions. -MISC1- 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. -End- -CITE- 43 USC Sec. 373a 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 373a. Commissioner of Reclamation; appointment -STATUTE- 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. -SOURCE- (May 26, 1926, ch. 401, 44 Stat. 657; Pub. L. 97-293, title II, Sec. 229, Oct. 12, 1982, 96 Stat. 1274.) -REFTEXT- 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. -COD- 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. -MISC1- AMENDMENTS 1982 - Pub. L. 97-293 inserted requirement that Commissioner of Reclamation be appointed by and with advice and consent of Senate. -TRANS- 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, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. -MISC2- USE OF PRIVATE SECTOR Pub. L. 108-7, div. D, title II, Sec. 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. -End- -CITE- 43 USC Sec. 373a-1 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 373a-1. Repealed. Pub. L. 88-426, title III, Sec. 305(35), Aug. 14, 1964, 78 Stat. 426 -MISC1- Section, Pub. L. 87-880, title II, Sec. 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. -End- -CITE- 43 USC Sec. 373b 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 373b. Law enforcement authority at Bureau of Reclamation facilities -STATUTE- (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. -SOURCE- (Pub. L. 107-69, Sec. 1, Nov. 12, 2001, 115 Stat. 593.) -FOOTNOTE- (!1) So in original. Probably should be "subsection (c)(1)". -End- -CITE- 43 USC Sec. 373c 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 373c. Definitions -STATUTE- 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. -SOURCE- (Pub. L. 107-69, Sec. 2, Nov. 12, 2001, 115 Stat. 595.) -End- -CITE- 43 USC Sec. 373d 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 373d. Grants and cooperative agreements with Indian tribes and organizations -STATUTE- 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.]. -SOURCE- (Pub. L. 108-7, div. D, title II, Sec. 201, Feb. 20, 2003, 117 Stat. 144.) -REFTEXT- 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 (Sec. 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. -MISC1- SIMILAR PROVISIONS Provisions similar to those in this section were contained in the following appropriation act: Pub. L. 107-66, title II, Sec. 201, Nov. 12, 2001, 115 Stat. 499. -End- -CITE- 43 USC Sec. 374 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 374. Sale of lands acquired in connection with irrigation project -STATUTE- Whenever in the opinion of the Secretary of the Interior any lands which have been acquired under the provisions of the Act of June 17, 1902 (32 Stat. 388), commonly called the "Reclamation Act" or under the provisions of any act amendatory thereof or supplementary thereto, for any irrigation works contemplated by the reclamation law, 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. -SOURCE- (Feb. 2, 1911, ch. 32, Secs. 1-3, 36 Stat. 895.) -REFTEXT- 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. -End- -CITE- 43 USC Sec. 375 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 375. Sale of land improved at expense of reclamation fund -STATUTE- 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, 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. -SOURCE- (May 20, 1920, ch. 192, Secs. 1-3, 41 Stat. 605, 606.) -REFTEXT- 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. -End- -CITE- 43 USC Sec. 375a 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 375a. Sale under sections 374 and 375 of lands appraised at not exceeding $300 -STATUTE- 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. -SOURCE- (Aug. 4, 1939, ch. 418, Sec. 11, 53 Stat. 1197.) -COD- 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. -CROSS- DEFINITIONS The definitions in section 485a of this title apply to this section. -End- -CITE- 43 USC Sec. 375b 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 375b. Disposal of tracts too small to be classed farm units -STATUTE- 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. -SOURCE- (Mar. 31, 1950, ch. 78, Sec. 1, 64 Stat. 39.) -REFTEXT- 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. -End- -CITE- 43 USC Sec. 375c 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 375c. Sales of small tracts to resident farm owners and entrymen; price; terms; acreage purchasable -STATUTE- 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. -SOURCE- (Mar. 31, 1950, ch. 78, Sec. 2, 64 Stat. 39.) -End- -CITE- 43 USC Sec. 375d 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 375d. Issuance of patent for small tracts; reservations -STATUTE- 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. -SOURCE- (Mar. 31, 1950, ch. 78, Sec. 3, 64 Stat. 40.) -End- -CITE- 43 USC Sec. 375e 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 375e. Moneys from sale of small tracts covered into reclamation fund; credit -STATUTE- 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. -SOURCE- (Mar. 31, 1950, ch. 78, Sec. 4, 64 Stat. 40.) -End- -CITE- 43 USC Sec. 375f 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 375f. Rules and regulations -STATUTE- 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. -SOURCE- (Mar. 31, 1950, ch. 78, Sec. 5, 64 Stat. 40.) -End- -CITE- 43 USC Sec. 376 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 376. Return of land donations not needed -STATUTE- 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. -SOURCE- (Dec. 5, 1924, ch. 4, Sec. 4, subsec. Q, 43 Stat. 704.) -CROSS- DEFINITIONS The definitions in section 371 of this title apply to this section. -End- -CITE- 43 USC Sec. 377 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 377. General expenses of Bureau of Reclamation chargeable to general reclamation fund -STATUTE- 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. -SOURCE- (Dec. 5, 1924, ch. 4, Sec. 4, subsec. O, 43 Stat. 704; Apr. 19, 1945, ch. 80, 59 Stat. 54.) -MISC1- AMENDMENTS 1945 - Act Apr. 19, 1945, amended section generally and made it applicable after June 30, 1945. -TRANS- 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, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. -CROSS- DEFINITIONS The definitions in section 371 of this title apply to this section. -End- -CITE- 43 USC Sec. 377a 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 377a. Limitation on use of funds where organizations or individuals are in arrears on contract charges -STATUTE- 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. -SOURCE- (Pub. L. 102-377, title II, Oct. 2, 1992, 106 Stat. 1331.) -COD- CODIFICATION Section is from the appropriation act cited as the credit to this section. -MISC1- 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, Sec. 101(d) [title II], Dec. 22, 1987, 101 Stat. 1329-104, 1329-117. Pub. L. 99-500, Sec. 101(e) [title II], Oct. 18, 1986, 100 Stat. 1783-194, 1783-203, and Pub. L. 99-591, Sec. 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. -End- -CITE- 43 USC Sec. 377b 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 377b. Availability of appropriations for Bureau of Reclamation -STATUTE- 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) -SOURCE- (Pub. L. 102-377, title II, Oct. 2, 1992, 106 Stat. 1330, 1331; Pub. L. 108-137, title II, Sec. 206, Dec. 1, 2003, 117 Stat. 1849.) -REFTEXT- REFERENCES IN TEXT The reclamation laws, referred to in text, include the act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, and Acts amendatory thereof and supplementary thereto, classified generally to this chapter. For complete classification of act June 17, 1902, to the Code, see Short Title note set out under section 371 of this title and Tables. 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, as amended, 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, as amended, which enacted sections 469 to 469c-1 of Title 16. 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, as amended. Title IX of the Act, which was classified generally to subchapter VI (Sec. 541 et seq.) of chapter 10 of former Title 40, Public Buildings, Property, and Works, was repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapter 11 (Sec. 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. -COD- 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. -MISC1- 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". -FOOTNOTE- (!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". -End- -CITE- 43 USC Sec. 378 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 378. Omitted -COD- 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, Sec. 9, 37 Stat. 880. -End- -CITE- 43 USC Sec. 379 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 379. Purchase of scientific books, law books, etc. -STATUTE- 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 reclamation law. -SOURCE- (May 27, 1908, ch. 200, 35 Stat. 350.) -REFTEXT- REFERENCES IN TEXT The reclamation law, referred to in text, means 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. -End- -CITE- 43 USC Sec. 380 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 380. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029 -MISC1- Section, act July 1, 1918, ch. 113, 40 Stat. 675, authorized purchases and procurement of services without advertising and formal contract. See sections 5 and 252 of Title 41, Public Contracts. -End- -CITE- 43 USC Secs. 380a, 380b 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Secs. 380a, 380b. Omitte