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43 U.S.C. § 391 — Establishment of “reclamation fund”
Federal law — U.S. Code and appendices · legal_authorities
All moneys received from the sale and disposal of public lands in Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, beginning with the fiscal year ending June 30, 1901, including the surplus of fees and commissions in excess of allowances to officers designated by the Secretary of the Interior, and excepting the 5 per centum of the proceeds of the sales of public lands in the above States set aside by law for educational and other purposes, shall be, and the same are, reserved, set aside, and appropriated as a special fund in the Treasury to be known as the “reclamation fund”, to be used in the examination and survey for and the construction and maintenance of irrigation works for the storage, diversion, and development of waters for the reclamation of arid and semiarid lands in the said States and Territories, and for the payment of all other expenditures provided for in this Act.
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Stable record: federal_law:legal_authorities:record_usc_85659e72c4bcb2e082a7d251
Source file: Laws/federal/codes/united-states-code/title-43/section-391-establishment-of-reclamation-fund--883e97a3b3.md
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Source location: Title 43, Chapter 12, § 391; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md
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All moneys received from the sale and disposal of public lands in Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, beginning with the fiscal year ending June 30, 1901, including the surplus of fees and commissions in excess of allowances to officers designated by the Secretary of the Interior, and excepting the 5 per centum of the proceeds of the sales of public lands in the above States set aside by law for educational and other purposes, shall be, and the same are, reserved, set aside, and appropriated as a special fund in the Treasury to be known as the “reclamation fund”, to be used in the examination and survey for and the construction and maintenance of irrigation works for the storage, diversion, and development of waters for the reclamation of arid and semiarid lands in the said States and Territories, and for the payment of all other expenditures provided for in this Act.
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this subchapter or subchapter II shall be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat. 887), and Acts amendatory thereof or supplementary thereto.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1303
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 371
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, R.S. § 446; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided that there shall be in the Department of the Interior a Director of the Bureau of Land Management. Provision for a Bureau of Land Management in the Department of the Interior and for the structure of such Bureau is contained in section 403 of the 1946 Reorg. Plan No. 3, which is set out below.
#### Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under [section 1451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1451&num=0&edition=prelim).
For transfer of records, property, personnel, and funds, see sections 1001 to 1003 of Reorg. Plan No. 3 of 1946, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, set out in the Appendix to Title 5, Government Organization and Employees.
#### Bureau of Land Management Created
Reorg. Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided:
“(a) The functions of the General Land Office and of the Grazing Service in the Department of the Interior are hereby consolidated to form a new agency in the Department of the Interior to be known as the Bureau of Land Management. The functions of the other agencies named in subsection (d) of this section are hereby transferred to the Secretary of the Interior.
“(b) There shall be at the head of such Bureau a Director of the Bureau of Land Management, who shall be appointed by the Secretary of the Interior under the classified civil service, who shall
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
There shall be at the seat of government an executive department to be known as the Department of the Interior, and a Secretary of the Interior, who shall be the head thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1451
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Engineering and other services; reimbursement; advances** — At such time as the Secretary and the interested local organization have agreed on a plan for works of improvement, and the Secretary has determined that the benefits exceed the costs, and the local organization has met the requirements for participation in carrying out the works of improvement as set forth in [section 1004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1004&num=0&edition=prelim), the local organization may secure engineering and other services, including the design, preparation of contracts and specifications, awarding of contracts, and supervision of construction, in connection with such works of improvement, by retaining or employing a professional engineer or engineers satisfactory to the Secretary or may request the Secretary to provide such services: Provided, That if the local organization elects to employ a professional engineer or engineers, the Secretary shall reimburse the local organization for the costs of such engineering and other services secured by the local organization as are properly chargeable to such works of improvement in an amount not to exceed the amount agreed upon in the plan for works of improvement or any modification thereof: Provided further, That the Secretary may advance such amounts as may be necessary to pay for such services, but such advances with respect to any works of improvement shall not exceed 5 per centum of the estimated installation cost of such works.
(2) **Federal construction; request by local organization** — Except as to the installation of works of improvement on Federal lands, the Secretary shall not construct or enter into any contract for the construction of any structure: Provided, That,
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1005
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal and State laws unaffected** Nothing in this chapter shall authorize Federal hunting or fishing licenses or fees or charges for commercial or other activities not related to recreation, affect any rights or authority of the States with respect to fish and wildlife, or repeal or modify any provision of law that permits States or political subdivisions of States to share in the revenues from Federal lands or, except as provided in subsection (b), any provision of law that provides that any fees or charges collected at particular Federal areas be used for or credited to specific purposes or special funds as authorized by that provision of law.
**(b) Relation to revenue allocation laws** Amounts collected under this chapter, and the existence of a fee management agreement with a governmental entity under [section 6805(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6805/a&num=0&edition=prelim), may not be taken into account for the purposes of any of the following laws:
(1) The sixth paragraph under the heading “Forest service” in the Act of May 23, 1908 ([16 U.S.C. 500](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section500&num=0&edition=prelim)).
(2) Section 13 of the Act of March 1, 1911 ([16 U.S.C. 500](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section500&num=0&edition=prelim); commonly known as the Weeks Act).
(3) The fourteenth paragraph under the heading “Forest service” in the Act of March 4, 1913 ([16 U.S.C. 501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section501&num=0&edition=prelim)).
(4) [Section 1012 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1012&num=0&edition=prelim).
(5)
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6813
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Receipts from charges** All proceeds from any Indian reservation shall be placed to the credit of the Indians of such reservation. All other charges arising from licenses hereunder, except charges fixed by the Commission for the purpose of reimbursing the United States for the costs of administration of this subchapter, shall be paid into the Treasury of the United States, subject to the following distribution: 12½ per centum thereof is hereby appropriated to be paid into the Treasury of the United States and credited to “Miscellaneous receipts”; 50 per centum of the charges arising from licenses hereunder for the occupancy and use of public lands and national forests shall be paid into, reserved, and appropriated as a part of the reclamation fund created by the Act of Congress known as the Reclamation Act, approved June 17, 1902; and 37½ per centum of the charges arising from licenses hereunder for the occupancy and use of national forests and public lands from development within the boundaries of any State shall be paid by the Secretary of the Treasury to such State; and 50 per centum of the charges arising from all other licenses hereunder is reserved and appropriated as a special fund in the Treasury to be expended under the direction of the Secretary of the Army in the maintenance and operation of dams and other navigation structures owned by the United States or in the construction, maintenance, or operation of headwater or other improvements of navigable waters of the United States. The proceeds of charges made by the Commission for the purpose of reimbursing the United States for the costs of the administration of this subchapter shall be paid into the Treasury of the United States and credited to miscellaneous receipts.
**(b) Delinquent payments** In cas
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 810
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of eligible entity** In this section, the term “eligible entity” means—
(1) any State, Indian Tribe, irrigation district, or water district;
(2) any State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority;
(3) any other entity or organization that owns a facility that is eligible for upgrade, modification or removal under this section;
(4) any nonprofit conservation organization, acting in partnership with any entity listed in paragraphs (1) through (3), with respect to a project involving land or infrastructure owned by the entity; and
(5) an agency established under State law for the joint exercise of powers or a combination of entities described in paragraphs (1) through (4).
**(b) General authority**
(1) **In general** — Subject to the requirements of this section and paragraph (2), on request of any eligible entity the Secretary may negotiate and enter into an agreement on behalf of the United States to fund the design, study, and construction of an aquatic ecosystem restoration and protection project in a Reclamation State if the Secretary determines that the project is likely to improve the health of fisheries, wildlife or aquatic habitat, including through habitat restoration and improved fish passage via the removal or bypass of barriers to fish passage.
(2) **Exception** — With respect to an aquatic ecosystem restoration and protection project under this section that removes a dam or modifies a dam in a manner that reduces storage or diversion capacity, the Secretary may only negotiate and enter into an agreement to fund—
(A) the design or study of such project if the Secretary has received consent from the owner of the applicable dam; or
(B) the constructio
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2331a
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Administrator** — The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration.
(2) **Advisory Committee** — The term “Advisory Committee” means the National Advisory Committee on Water Information established—
(A) under the Office of Management and Budget Circular 92–01; and
(B) to coordinate water data collection activities.
(3) **Assessment program** — The term “assessment program” means the water availability and use assessment program established by the Secretary under [section 10368(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10368/a&num=0&edition=prelim).
(4) **Climate division** — The term “climate division” means 1 of the 359 divisions in the United States that represents 2 or more regions located within a State that are as climatically homogeneous as possible, as determined by the Administrator.
(5) **Commissioner** — The term “Commissioner” means the Commissioner of Reclamation.
(6) **Director** — The term “Director” means the Director of the United States Geological Survey.
(7) **Eligible applicant** — The term “eligible applicant” means—
(A) any State, Indian tribe, irrigation district, or water district;
(B) any State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority;
(C) any other organization with water or power delivery authority; and
(D) any nonprofit conservation organization, if—
(i) the nonprofit conservation organization is acting in partnership with and with the agreement of an entity described in subparagraph (A), (B), or (C); or
(ii) in the case of an application for a project to improve the condition of a natural feature or
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10362
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization of grants and cooperative agreements**
(1) **Authority of Secretary** — The Secretary may provide any grant to, or enter into an agreement with, any eligible applicant to assist the eligible applicant in planning, designing, or constructing any improvement or carrying out any activity—
(A) to conserve water;
(B) to increase water use efficiency;
(C) to facilitate water markets;
(D) to enhance water management, including increasing the use of renewable energy in the management and delivery of water;
(E) to accelerate the adoption and use of advanced water treatment technologies to increase water supply;
(F) to assist States and water users in complying with interstate compacts or reducing basin water supply-demand imbalances;
(G) to achieve the prevention of the decline of species that the United States Fish and Wildlife Service and National Marine Fisheries Service have proposed for listing under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.) (or candidate species that are being considered by those agencies for such listing but are not yet the subject of a proposed rule);
(H) to achieve the acceleration of the recovery of threatened species, endangered species, and designated critical habitats that are adversely affected by Federal reclamation projects or are subject to a recovery plan or conservation plan under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.) under which the Commissioner of Reclamation has implementation responsibilities;
(I) to improve the condition of a natural feature; or
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10364
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