43 USC CHAPTER 40, SUBCHAPTER III: GENERAL AND MISCELLANEOUS PROVISIONS
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43 USC CHAPTER 40, SUBCHAPTER III: GENERAL AND MISCELLANEOUS PROVISIONS
From Title 43—PUBLIC LANDSCHAPTER 40—RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER III—GENERAL AND MISCELLANEOUS PROVISIONS

§2241. Authorization of appropriations

Except as otherwise provided in section 2243 of this title (relating to temperature control devices at Shasta Dam, California), there is authorized to be appropriated not more than $120,000,000 in total for the period of fiscal years 2006 through 2022.1

(Pub. L. 102–250, title III, §301, Mar. 5, 1992, 106 Stat. 58; Pub. L. 104–206, title II, Sept. 30, 1996, 110 Stat. 2992; Pub. L. 106–60, title II, Sept. 29, 1999, 113 Stat. 488; Pub. L. 106–377, §1(a)(2) [title II], Oct. 27, 2000, 114 Stat. 1441, 1441A-67; Pub. L. 107–66, title II, Nov. 12, 2001, 115 Stat. 498; Pub. L. 108–7, div. D, title II, Feb. 20, 2003, 117 Stat. 144; Pub. L. 108–137, title II, Dec. 1, 2003, 117 Stat. 1847; Pub. L. 109–234, title II, §2306(b), June 15, 2006, 120 Stat. 457; Pub. L. 111–212, title I, §404(b), July 29, 2010, 124 Stat. 2314; Pub. L. 113–235, div. D, title II, §204, Dec. 16, 2014, 128 Stat. 2311; Pub. L. 115–141, div. D, title II, §203(b), Mar. 23, 2018, 132 Stat. 519; Pub. L. 116–260, div. D, title II, §207(b), Dec. 27, 2020, 134 Stat. 1363; Pub. L. 117–103, div. D, title II, §206(b), Mar. 15, 2022, 136 Stat. 221.)


Editorial Notes

Amendments

2022Pub. L. 117–103 substituted "2022" for "2021".

2020Pub. L. 116–260 substituted "2021" for "2020".

2018Pub. L. 115–141 substituted "$120,000,000" for "$90,000,000" and "2020" for "2017".

2014Pub. L. 113–235 substituted "2017" for "2012".

2010Pub. L. 111–212 substituted "through 2012" for "through 2010".

2006Pub. L. 109–234 substituted "the period of fiscal years 2006 through 2010" for "fiscal years 1992, 1993, 1994, 1995, 1996, 1999, 2000, 2001, 2002, 2003, and 2004".

2003Pub. L. 108–137 substituted "2003, and 2004" for "and 2003".

Pub. L. 108–7 substituted "2002, and 2003" for "and 2002".

2001Pub. L. 107–66 substituted "2001, and 2002" for "and 2001".

2000Pub. L. 106–377 substituted "2000, and 2001" for "and 2000".

1999Pub. L. 106–60 substituted "1999, and 2000" for "and 1997".

1996Pub. L. 104–206 substituted "1996, and 1997" for "and 1996".


Statutory Notes and Related Subsidiaries

Extension of Authorization of Appropriations

Pub. L. 118–42, div. D, title II, §206(b), Mar. 9, 2024, 138 Stat. 194, provided that: "Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting '2024' for '2022' and by substituting '$130,000,000' for '$120,000,000'."

Similar provisions were contained in the following prior appropriation act:

Pub. L. 117–328, div. D, title II, §206(b), Dec. 29, 2022, 136 Stat. 4631.

1 See Extension of Authorization of Appropriations note below.

§2242. Authority of Secretary

The Secretary is authorized to perform any and all acts and to promulgate such regulations as may be necessary and appropriate for the purpose of implementing this chapter. In carrying out the authorities under this chapter, the Secretary shall give specific consideration to the needs of fish and wildlife, together with other project purposes, and shall consider temporary operational changes which will mitigate, or can be expected to have an effect in mitigating, fish and wildlife losses and damages resulting from drought conditions, consistent with the Secretary's other obligations.

(Pub. L. 102–250, title III, §302, Mar. 5, 1992, 106 Stat. 58.)

§2243. Temperature control at Shasta Dam, Central Valley Project

The Secretary is authorized to complete the design and specifications for construction of a device to control the temperature of water releases from Shasta Dam, Central Valley Project, California, and to construct facilities needed to attach such device to the dam. There is authorized to be appropriated to carry out the authority of this section not more than $12,000,000.

(Pub. L. 102–250, title III, §303, Mar. 5, 1992, 106 Stat. 58.)

§2244. Effect of chapter on other laws

(a) Conformity with State and Federal law

All actions taken pursuant to this chapter pertaining to the diversion, storage, use, or transfer of water shall be in conformity with applicable State and applicable Federal law.

(b) Effect on jurisdiction, authority, and water rights

Nothing in this chapter shall be construed as expanding or diminishing State, Federal, or tribal jurisdiction or authority over water resources development, control, or water rights.

(Pub. L. 102–250, title III, §304, Mar. 5, 1992, 106 Stat. 59.)

§2245. Excess storage and carrying capacity

The Secretary is authorized to enter into contracts with municipalities, public water districts and agencies, other Federal agencies, State agencies, and private entities, pursuant to the Act of February 21, 1911 (43 U.S.C. 523), for the impounding, storage, and carriage of nonproject water for domestic, municipal, fish and wildlife, industrial, and other beneficial purposes using any facilities associated with the Central Valley Project, Cachuma Project, and the Ventura River Project, California, the Truckee Storage Project, and the Washoe Project, California and Nevada. The Secretary is further authorized to enter into contracts for the exchange of water for the aforementioned purposes using facilities associated with the Cachuma Project, California.

(Pub. L. 102–250, title III, §305, Mar. 5, 1992, 106 Stat. 59.)


Editorial Notes

References in Text

Act of February 21, 1911, referred to in text, is act Feb. 21, 1911, ch. 141, 36 Stat. 925, popularly known as the Warren Act, which enacted sections 523 to 525 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 523 of this title and Tables.

§2246. Report

There shall be included as part of the President's annual budget submittal to the Congress a detailed report on past and proposed expenditures and accomplishments under this chapter.

(Pub. L. 102–250, title III, §306, Mar. 5, 1992, 106 Stat. 59.)

§2247. Federal Reclamation laws

This chapter shall constitute a supplement to the Federal Reclamation laws.

(Pub. L. 102–250, title III, §307, Mar. 5, 1992, 106 Stat. 59.)