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43 U.S.C. § 407 — Reclamation Water Settlements Fund
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established in the Treasury of the United States a fund, to be known as the “Reclamation Water Settlements Fund”, consisting of—
(1) such amounts as are deposited to the Fund under subsection (b); and
(2) any interest earned on investment of amounts in the Fund under subsection (d).
**(b) Deposits to Fund**
(1) **In general** — For each of fiscal years 2020 through 2029, the Secretary of the Treasury shall deposit in the Fund, if available, $120,000,000 of the revenues that would otherwise be deposited for the fiscal year in the fund established by [section 391 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section391&num=0&edition=prelim).
(2) **Availability of amounts** — Amounts deposited in the Fund under paragraph (1) shall be made available pursuant to this section—
(A) without further appropriation; and
(B) in addition to amounts appropriated pursuant to any authorization contained in any other provision of law.
**(c) Expenditures from Fund**
(1) **In general**
(A) *Expenditures* — Subject to subparagraph (B), for each of fiscal years 2020 through 2034, the Secretary may expend from the Fund an amount not to exceed $120,000,000, plus the interest accrued in the Fund, for the fiscal year in which expenditures are made pursuant to paragraphs (2) and (3).
(B) *Additional expenditures* — The Secretary may expend more than $120,000,000 for any fiscal year if such amounts are available in the Fund due to expenditures not reaching $120,000,000 for prior fiscal years.
(2) **Authority** — The Secretary may expend money from the Fund to implement a settlement agreement approved by Congress that resolves, in whole or in part, litigation involving the United States, if the settlement agre
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Source file: Laws/federal/codes/united-states-code/title-43/section-407-reclamation-water-settlements-fund--8bf51a4c7b.md
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Source location: Title 43, Chapter 12, § 407; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md
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**(a) Establishment** There is established in the Treasury of the United States a fund, to be known as the “Reclamation Water Settlements Fund”, consisting of—
(1) such amounts as are deposited to the Fund under subsection (b); and
(2) any interest earned on investment of amounts in the Fund under subsection (d).
**(b) Deposits to Fund**
(1) **In general** — For each of fiscal years 2020 through 2029, the Secretary of the Treasury shall deposit in the Fund, if available, $120,000,000 of the revenues that would otherwise be deposited for the fiscal year in the fund established by [section 391 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section391&num=0&edition=prelim).
(2) **Availability of amounts** — Amounts deposited in the Fund under paragraph (1) shall be made available pursuant to this section—
(A) without further appropriation; and
(B) in addition to amounts appropriated pursuant to any authorization contained in any other provision of law.
**(c) Expenditures from Fund**
(1) **In general**
(A) *Expenditures* — Subject to subparagraph (B), for each of fiscal years 2020 through 2034, the Secretary may expend from the Fund an amount not to exceed $120,000,000, plus the interest accrued in the Fund, for the fiscal year in which expenditures are made pursuant to paragraphs (2) and (3).
(B) *Additional expenditures* — The Secretary may expend more than $120,000,000 for any fiscal year if such amounts are available in the Fund due to expenditures not reaching $120,000,000 for prior fiscal years.
(2) **Authority** — The Secretary may expend money from the Fund to implement a settlement agreement approved by Congress that resolves, in whole or in part, litigation involving the United States, if the settlement agreement or implementing legislation requires the Bureau of Reclamation to provide financial assistance for, or plan, design, and construct—
(A) water supply infrastructure; or
(B) a project—
(i) to rehabilitate a water delivery system to conserve water; or
(ii) to restore fish and wildlife habitat or otherwise improve environmental conditions associated with or affected by, or located within the same river basin as, a Federal reclamation project that is in existence on March 30, 2009.
(3) **Use for completion of project and other settlements**
(A) *Priorities*
(i) *First priority*
(I) *In general* — The first priority for expenditure of amounts in the Fund during the entire period in which the Fund is in existence shall be for the purposes described in, and in the order of, clauses (i) through (iv) of subparagraph (B).
(II) *Reserved amounts* — The Secretary shall reserve and use amounts deposited into the Fund in accordance with subclause (I).
(ii) *Other purposes* — Any amounts in the Fund that are not needed for the purposes described in subparagraph (B) may be used for other purposes authorized in paragraph (2).
(B) *Completion of project*
(i) *Navajo-Gallup water supply project*
(I) *In general* — Subject to subclause (II), effective beginning January 1, 2020, if, in the judgment of the Secretary on an annual basis the deadline described in section 10701(e)(1)(A)(ix) 11 See References in Text note below. is unlikely to be met because a sufficient amount of funding is not otherwise available through appropriations made available pursuant to section 10609(a),1 the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the costs, and substantially complete as expeditiously as practicable, the construction of the water supply infrastructure authorized as part of the Project.
(II) *Maximum amount*
(aa) *In general* — Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $500,000,000 for the period of fiscal years 2020 through 2029.
(bb) *Exception* — The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clauses (ii) through (iv).
(ii) *Other New Mexico settlements*
(I) *In general* — Subject to subclause (II), effective beginning January 1, 2020, in addition to the funding made available under clause (i), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of implementing the Indian water rights settlement agreements entered into by the State of New Mexico in the Aamodt adjudication and the Abeyta adjudication, if such settlements are subsequently approved and authorized by an Act of Congress and the implementation period has not already expired.
(II) *Maximum amount* — The amount expended under subclause (I) shall not exceed $250,000,000.
(iii) *Montana settlements*
(I) *In general* — Subject to subclause (II), effective beginning January 1, 2020, in addition to funding made available pursuant to clauses (i) and (ii), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of implementing Indian water rights settlement agreements entered into by the State of Montana with the Blackfeet Tribe, the Crow Tribe, or the Gros Ventre and Assiniboine Tribes of the Fort Belknap Indian Reservation in the judicial proceeding entitled “In re the General Adjudication of All the Rights to Use Surface and Groundwater in the State of Montana”, if a settlement or settlements are subsequently approved and authorized by an Act of Congress and the implementation period has not already expired.
(II) *Maximum amount*
(aa) *In general* — Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $350,000,000 for the period of fiscal years 2020 through 2029.
(bb) *Exception* — The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clause (i), (ii), and (iv).
(cc) *Other funding* — The Secretary shall ensure that any funding under this clause shall be provided in a manner that does not limit the funding available pursuant to clauses (i) and (ii).
(iv) *Arizona settlement*
(I) *In general* — Subject to subclause (II), effective beginning January 1, 2020, in addition to funding made available pursuant to clauses (i), (ii), and (iii), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of implementing an Indian water rights settlement agreement entered into by the State of Arizona with the Navajo Nation to resolve the water rights claims of the Nation in the Lower Colorado River basin in Arizona, if a settlement is subsequently approved and authorized by an Act of Congress and the implementation period has not already expired.
(II) *Maximum amount*
(aa) *In general* — Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $100,000,000 for the period of fiscal years 2020 through 2029.
(bb) *Exception* — The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clauses (i) through (iii).
(cc) *Other funding* — The Secretary shall ensure that any funding under this clause shall be provided in a manner that does not limit the funding available pursuant to clauses (i) and (ii).
(C) *Reversion* — If the settlements described in clauses (ii) through (iv) of subparagraph (B) have not been approved and authorized by an Act of Congress by December 31, 2019, the amounts reserved for the settlements shall no longer be reserved by the Secretary pursuant to subparagraph (A)(i) and shall revert to the Fund for any authorized use, as determined by the Secretary.
**(d) Investment of amounts**
(1) **In general** — The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals.
(2) **Credits to Fund** — The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund.
**(e) Transfers of amounts**
(1) **In general** — The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.
(2) **Adjustments** — Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
**(f) Termination** On September 30, 2034—
(1) the Fund shall terminate; and
(2) the unexpended and unobligated balance of the Fund shall be transferred to the appropriate fund of the Treasury.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1531
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 391
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Federal law — U.S. Code and appendices · legal_authorities
In order to initiate the comprehensive development of the water resources of the Upper Colorado River Basin, for the purposes, among others, of regulating the flow of the Colorado River, storing water for beneficial consumptive use, making it possible for the States of the Upper Basin to utilize, consistently with the provisions of the Colorado River Compact, the apportionments made to and among them in the Colorado River Compact and the Upper Colorado River Basin Compact, respectively, providing for the reclamation of arid and semiarid land, for the control of floods, and for the generation of hydroelectric power, as an incident of the foregoing purposes, the Secretary of the Interior is authorized (1) to construct, operate, and maintain the following initial units of the Colorado River storage project, consisting of dams, reservoirs, powerplants, transmission facilities and appurtenant works: Wayne N. Aspinall, Flaming Gorge, Navajo (dam and reservoir only), and Glen Canyon: Provided, That the Wayne N. Aspinall Dam shall be constructed to a height which will impound not less than nine hundred and forty thousand acre-feet of water or will create a reservoir of such greater capacity as can be obtained by a high waterline located at seven thousand five hundred and twenty feet above mean sea level, and that construction thereof shall not be undertaken until the Secretary has, on the basis of further engineering and economic investigations, reexamined the economic justification of such unit and, accompanied by appropriate documentation in the form of a supplemental report, has certified to the Congress and to the President that, in his judgment, the benefits of such unit will exceed its costs; and (2) to construct, operate, and maintain the following additional reclamation
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 620
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Federal law — U.S. Code and appendices · legal_authorities
Page 131
TITLE 43—PUBLIC LANDS
§ 407
1 See References in Text note below.
§§ 403, 404. Repealed. June 30, 1947, ch. 166, title
II, § 206(c), 61 Stat. 208
Section 403, acts May 12, 1933, ch. 25, title II, § 36, 48
Stat. 49; June 16, 1933, ch. 101, § 19, 48 Stat. 308; June 19,
1934, ch. 653, § 11, 48 Stat. 1110; June 27, 1934, ch. 851, 48
Stat. 1269, related to refinancing agricultural improve-
ment districts.
Section 404, act May 12, 1933, ch. 25, title II, § 37, 48
Stat. 50, related to advances by the former Reconstruc-
tion Finance Corporation.
SUBCHAPTER II–A—RECLAMATION WATER
SETTLEMENTS FUND
§ 407. Reclamation Water Settlements Fund
(a) Establishment
There is established in the Treasury of the
United States a fund, to be known as the ‘‘Rec-
lamation Water Settlements Fund’’, consisting
of—
(1) such amounts as are deposited to the
Fund under subsection (b); and
(2) any interest earned on investment of
amounts in the Fund under subsection (d).
(b) Deposits to Fund
(1) In general
For each of fiscal years 2020 through 2029,
the Secretary of the Treasury shall deposit in
the Fund, if available, $120,000,000 of the reve-
nues that would otherwise be deposited for the
fiscal year in the fund established by section
391 of this title.
(2) Availability of amounts
Amounts deposited in the Fund under para-
graph (1) shall be made available pursuant to
this section—
(A) without further appropriation; and
(B) in addition to amounts appropriated
pursuant to any authorization contained in
any other provision of law.
(c) Expenditures from Fund
(1) In general
(A) Expenditures
Subject to subparagraph (B), for each of
fiscal years 2020 through 2034, the Secretary
may expend from the Fund an amount not to
exceed $120,000,000, plus the interest accrued
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 407
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.