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43 U.S.C. § 1522 — Orme Dam and Reservoir

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1522 — Orme Dam and Reservoir

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Stable record: federal_law:legal_authorities:record_usc_68f515e2179c9a26941ba14a
Source file: Laws/federal/codes/united-states-code/title-43/section-1522-orme-dam-and-reservoir--8151c973d5.md
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Source location: Title 43, Chapter 32, § 1522; chapter-032-colorado-river-basin-project.md

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**(a) Acquisition of lands of Salt River Pima-Maricopa Indian Community and Fort McDowell-Apache Indian Community; relocation; eminent domain** The Secretary shall designate the lands of the Salt River Pima-Maricopa Indian Community, Arizona, and the Fort McDowell-Apache Indian Community, Arizona, or interests therein, and any allotted lands or interests therein within said communities which he determines are necessary for use and occupancy by the United States for the construction, operation, and maintenance of Orme Dam and Reservoir, or alternative. The Secretary shall offer to pay the fair market value of the lands and interests designated, inclusive of improvements. In addition, the Secretary shall offer to pay toward the cost of relocating or replacing such improvements not to exceed $500,000 in the aggregate, and the amount offered for the actual relocation or replacement of a residence shall not exceed the difference between the fair market value of the residence and $8,000. Each community and each affected allottee shall have six months in which to accept or reject the Secretary’s offer. If the Secretary’s offer is rejected, the United States may proceed to acquire the property interests involved through eminent domain proceedings in the United States District Court for the District of Arizona under sections 3113 and 3114(a) to (d) of title 40. Upon acceptance in writing of the Secretary’s offer, or upon the filing of a declaration of taking in eminent domain proceedings, title to the lands or interests involved, and the right to possession thereof, shall vest in the United States. Upon a determination by the Secretary that all or any part of such lands or interests are no longer necessary for the purpose for which acquired, title to such lands or interests shall be restored to the appropriate community upon repayment to the Federal Government of the amounts paid by it for such lands. **(b) Rights of former owners to use or lease land** Title to any land or easement acquired pursuant to this section shall be subject to the right of the former owner to use or lease the land for purposes not inconsistent with the construction, operation, and maintenance of the project, as determined by, and under terms and conditions prescribed by, the Secretary. Such right shall include the right to extract and dispose of minerals. The determination of fair market value under subsection (a) shall reflect the right to extract and dispose of minerals and all other uses permitted by this section. **(c) Addition of land to Fort McDowell Indian Reservation** In view of the fact that a substantial portion of the lands of the Fort McDowell Mohave-Apache Indian Community will be required for Orme Dam and Reservoir, or alternative, the Secretary shall, in addition to the compensation provided for in subsection (a) of this section, designate and add to the Fort McDowell Indian Reservation twenty-five hundred acres of suitable lands in the vicinity of the reservation that are under the jurisdiction of the Department of the Interior in township 4 north, range 7 east; township 5 north, range 7 east; and township 3 north, range 7 east, Gila and Salt River base meridian, Arizona. Title to lands so added to the reservation shall be held by the United States in trust for the Fort McDowell Mohave-Apache Indian Community. **(d) Recreational facilities developed and operated by Indian communities along Orme Reservoir shoreline** Each community shall have a right, in accordance with plans approved by the Secretary, to develop and operate recreational facilities along the part of the shoreline of the Orme Reservoir located on or adjacent to its reservation, including land added to the Fort McDowell Reservation as provided in subsection (b) of this section, subject to rules and regulations prescribed by the Secretary governing the recreation development of the reservoir. Recreation development of the entire reservoir and federally owned lands under the jurisdiction of the Secretary adjacent thereto shall be in accordance with a master recreation plan approved by the Secretary. The members of each community shall have nonexclusive personal rights to hunt and fish on or in the reservoir without charge to the same extent they are now authorized to hunt and fish, but no community shall have the right to exclude others from the reservoir except by control of access through its reservation or any right to require payment by members of the public except for the use of community lands or facilities. **(e) Exemption of funds from State and Federal income taxes** All funds paid pursuant to this section, and any per capita distribution thereof, shall be exempt from all forms of State and Federal income taxes.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460eee — Establishment

**(a) In general** In order to provide for public outdoor recreation use and enjoyment of the lands and waters associated with Lake Meredith in the State of Texas, and to protect the scenic, scientific, cultural, and other values contributing to the public enjoyment of such lands and waters, there is hereby established the Lake Meredith National Recreation Area (hereafter in this Act referred to as the “recreation area”). **(b) Area included** The recreation area shall consist of the lands, waters, and interests therein within the area generally depicted on the map entitled “Lake Meredith National Recreation Area Boundary Map, ‘Fee-Take Line’ ”, numbered SWRO—80,023–A, and dated September 1990. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior (hereafter in this Act referred to as the “Secretary”) may from time to time make minor revisions in the boundary of the recreation area. **(c) Transfer** (1) Except as provided in paragraph (2), the Federal lands, waters, and interests therein within the recreation area are hereby transferred to the National Park Service. (2) Those lands depicted on the map referred to in subsection (b) that are necessary for the continued operation, maintenance, and replacement of the Canadian River Project facilities and its purposes of providing for municipal and industrial water supply and flood control shall remain under the jurisdiction of the Bureau of Reclamation.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460eee

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460eee–1 — Administration

**(a) In general** The Secretary shall administer the recreation area in accordance with this Act and the provisions of law generally applicable to units of the national park system, including the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535; [16 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1&num=0&edition=prelim), 2–4),11 See References in Text note below. and the Act of August 7, 1946 (60 Stat. 885).1 In the administration of such recreation area, the Secretary may utilize such statutory authority as may be available to him for the protection of natural and cultural resources as he deems necessary to carry out the purposes of this Act. **(b) Operation of Canadian River Project** Nothing in this Act shall be construed to affect or interfere with the authority of the Secretary under the Act of December 29, 1950 (Public Law 81–898; [43 U.S.C. 600b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section600b&num=0&edition=prelim) et seq.), to operate Sanford Dam and Lake Meredith in accordance with and for the purposes set forth in that Act. **(c) Land acquisition** Within the boundary of the recreation area, the Secretary may acquire lands and interests in lands by purchase with donated or appropriated funds, exchange, or transfer without reimbursement from any Federal agency. **(d) Cultural resources** The Secretary shall conduct a survey of the cultural resources in the immediate vicinity of the recreation area. The Secretary is authorized to enter into cooperative agreements with public or private entities, including landowners, for the purpose of conducting the survey required by this subsection. Not later than three years aft

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460eee–1

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460fff — Establishment

**(a)** In order to— (1) provide for public outdoor recreation use and enjoyment of the lands and waters associated with the United States portion of the reservoir known as Lake Amistad, located on the boundary between the State of Texas and Mexico, and (2) protect the scenic, scientific, cultural, and other value contributing to the public enjoyment of such lands and waters, there is hereby established the Amistad National Recreation Area (hereafter in this section and [section 460fff–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460fff-1&num=0&edition=prelim) referred to as the “recreation area”). **(b)** The recreation area shall consist of the Federal lands, waters, and interests therein within the area generally depicted on the map entitled “Boundary Map, Proposed Amistad National Recreation Area”, numbered 621/20,013–B, and dated July 1969. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior (hereafter in this Act referred to as the “Secretary”) may from time to time make minor revisions in the boundary of the recreation area, but the total acreage of the recreation area may not exceed 58,500 acres. Within the boundary of the recreation area, the Secretary may acquire lands and interests in lands by purchase with donated or appropriated funds, exchange, or transfer without reimbursement from any Federal agency.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460fff

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460fff–1 — Administration

**(a) In general** The Secretary shall administer the recreation area in accordance with applicable provisions of this Act and the provisions of law generally applicable to units of the national park system, including the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535; [16 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1&num=0&edition=prelim), 2–4),11 See References in Text note below. and the Act of August 7, 1946 (60 Stat. 885).1 In the administration of such recreation area, the Secretary may utilize such statutory authority as may be available to him for the protection of natural and cultural resources as he deems necessary to carry out the purposes of this Act. Nothing in this Act shall be construed to amend or alter the responsibilities of the International Boundary and Water Commission, United States and Mexico, under any applicable treaty. **(b) Compliance with treaties and other commitments or agreements** The administration of the recreation area by the Secretary shall be subject to and in accordance with all applicable treaties, including the treaty between the United States and Mexico relating to the utilization of waters of the Colorado and Tijuana Rivers and the Rio Grande, entered into force November 8, 1945 (59 Stat. 1219,22 So in original. Closing parenthesis probably should follow “1219”. and in accordance with sections 277d–13 to 277d–16 of title 22, and any commitment or agreement entered into pursuant to such treaty or sections, including (but not limited to) commitments or agreements relating to— (1) the demarcation and maintenance of boundaries; (2) the use, storage, and furnishing of water; (3) control of floods; (4) investigati

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460fff–1

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1527 — Fish and wildlife conservation and development

The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the project works authorized pursuant to this subchapter shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213) [[16 U.S.C. 460](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460&num=0&edition=prelim)l–12 et seq.], except as provided in [section 1522 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1522&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1527

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1522 — Orme Dam and Reservoir

Page 401 TITLE 43—PUBLIC LANDS § 1522 or suitable alternative, which system may have a capacity of 3,000 cubic feet per second or what- ever lesser capacity is found to be feasible: Pro- vided, That any capacity in the Hayden-Rhodes Aqueduct in excess of 2,500 cubic feet per second shall be utilized for the conveyance of Colorado River water only when Lake Powell is full or re- leases of water are made from Lake Powell to prevent the reservoir from exceeding elevation 3,700 feet above mean sea level or when releases are made pursuant to the proviso in section 1552(a)(3) of this title: Provided further, That the costs of providing any capacity in excess of 2,500 cubic feet per second shall be repaid by those funds available to Arizona pursuant to the pro- vision of section 1543(f) of this title, or by funds from sources other than the development fund; (2) Orme Dam and Reservoir and power pumping plant or suitable alternative; (3) Buttes Dam and Reservoir, which shall be so operated as not to prejudice the rights of any user in and to the waters of the Gila River as those rights are set forth in the decree entered by the United States District Court for the District of Arizona on June 29, 1935, in United States against Gila Val- ley Irrigation District and others (Globe Equity Numbered 59); (4) Hooker Dam and Reservoir or suitable alternative, which shall be constructed in such a manner as to give effect to the provi- sions of subsection (f) of section 1524 of this title; (5) Charleston Dam and Reservoir; (6) Tuc- son aqueducts and pumping plants; (7) Fannin- McFarland Aqueduct; (8) related canals, regu- lating facilities, hydroelectric powerplants, and electric transmission facilities required for the operation of said principal works; (9) rela

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1522

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