43 U.S.C. § 391 — Establishment of ‘‘reclamation fund’’

Page 127 TITLE 43—PUBLIC LANDS § 391 1 So in original. 1987—Subsecs. (g) to (i). Pub. L. 100–203 added subsecs. (g) to (i). § 390xx. Validation of contracts entered into prior to October 1, 1981 The provisions of any contract entered into prior to October 1, 1981, by the Secretary with a district, which define project or nonproject water, or describe the delivery of project water through nonproject facilities or nonproject water through project facilities to lands within the district, are hereby authorized and validated on the part of the United States. (Pub. L. 97–293, title II, § 225, Oct. 12, 1982, 96 Stat. 1273.) § 390yy. Leasing requirements Notwithstanding any other provision of Fed- eral reclamation law, including this subchapter, lands which receive irrigation water may be leased only if the lease instrument is— (1) written; and (2) for a term not to exceed ten years, in- cluding any exercisable options: Provided, how- ever, That leases of lands for the production of perennial crops having an average life of more than ten years may be for periods of time equal to the average life of the perennial crop but in any event not to exceed twenty-five years. (Pub. L. 97–293, title II, § 227, Oct. 12, 1982, 96 Stat. 1273.) Editorial Notes REFERENCES IN TEXT Federal reclamation law, referred to in text, is de- fined in section 390aa of this title. § 390zz. Reporting Any contracting entity subject to the owner- ship or pricing limitations of Federal reclama- tion law shall compile and maintain such records and information as the Secretary deems reasonably necessary to implement this sub- chapter and Federal reclamation law. On a date set by the Secretary following October 12, 1982, and annually thereafter, every such contracting entity shall provide in a form suitable to the Secretary such reports on the above matters as the Secretary may require. (Pub. L. 97–293, title II, § 228, Oct. 12, 1982, 96 Stat. 1274.) Editorial Notes REFERENCES IN TEXT Federal reclamation law, referred to in text, is de- fined in section 390aa of this title. § 390zz–1. Severability If any provision of this subchapter or the ap- plicability thereof to any person or cir- cumstances is held invalid, the remainder of this subchapter and the application of such provision to other persons or circumstances shall not be affected thereby. (Pub. L. 97–293, title II, § 230, Oct. 12, 1982, 96 Stat. 1274.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title II (§§ 201–230) of Pub. L. 97–293, Oct. 12, 1982, 96 Stat. 1263, known as the Rec- lamation Reform Act of 1982, which enacted this sub- chapter, amended sections 373a, 422e, 425b, and 485h of this title, and repealed section 383 of Title 25, Indians. For complete classification of title II to the Code, see Tables. SUBCHAPTER II—RECLAMATION FUND GENERALLY § 391. Establishment of ‘‘reclamation fund’’ 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 commis- sions in excess of allowances to officers des- ignated by the Secretary of the Interior, and ex- cepting 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 Treas- ury 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 develop- ment of waters for the reclamation of arid and semiarid lands in the said States and Terri- tories, and for the payment of all other expendi- tures provided for in this Act. The provisions of the Act entitled ‘‘An Act ap- propriating the receipts from the sale and dis- posal of public lands in certain States and Terri- tories to the construction of irrigation works for the reclamation of arid lands,’’ approved June seventeenth, nineteen hundred and two, be, and the same are hereby, extended so as to include and apply to the State of Texas, American Samoa, Guam, the Northern Mariana Islands and the Virgin Islands..1 (June 17, 1902, ch. 1093, § 1 (part), 32 Stat. 388; June 12, 1906, ch. 3288, 34 Stat. 259; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 99–396, § 17, Aug. 27, 1986, 100 Stat. 843.) Editorial Notes REFERENCES IN TEXT This Act, referred to in first par., and the Act enti- tled ‘‘An Act appropriating the receipts from the sale and disposal of public lands in certain States and Terri- tories to the construction of irrigation works for the reclamation of arid lands,’’ approved June seventeenth, nineteen hundred and two, referred to in second par., are act June 17, 1902, popularly known as the Reclama- tion 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. Page 128 TITLE 43—PUBLIC LANDS § 391a CODIFICATION The first paragraph of this section is comprised of act June 17, 1902, and the second paragraph is comprised of act June 12, 1906, as amended. AMENDMENTS 1986—Pub. L. 99–396 inserted reference to American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands in second par. Statutory Notes and Related Subsidiaries 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. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain 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. Words ‘‘officers designated by the Secretary of the In- terior’’ substituted for ‘‘registers’’ on authority of sec- tion 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title. Previously, references to register and receiver changed to register by acts Mar. 3, 1925, and Oct. 28, 1921, which consolidated offices of register and receiver and provided for a single officer to be known as register. § 391a. Advances to reclamation fund The Secretary of the Treasury is authorized, upon request of the Secretary of the Interior and upon approval of the President, to transfer from time to time to the credit of the reclamation fund created by section 391 of this title, such sum or sums, not exceeding in the aggregate $5,000,000, as the Secretary of the Interior may deem necessary for the construction and oper- ation of reclamation projects authorized under the Act of June 17, 1902 (32 Stat. 388), and under way on March 3, 1931, and Acts amendatory thereof or supplementary thereto. (Mar. 3, 1931, ch. 435, § 1, 46 Stat. 1507.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified gen- erally 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. § 391a–1. Increase in reclamation fund; reim- bursement of advances from Treasury The Secretary of the Treasury is authorized and directed to transfer to the credit of the rec- lamation fund, created by section 391 of this title, a sum equal to the difference between (1) 521⁄2 per centum of the moneys which the Sec- retary of the Treasury shall determine to have accrued to the United States from lands within the naval petroleum reserves, except those in Alaska, from February 25, 1920, to June 30, 1938, inclusive, and (2) the total of all sums advanced to the reclamation fund under the provisions of sections 397 and 398 to 400 of this title, and under the provisions of sections 391a and 391b of this title, and not reimbursed by transfer from the reclamation fund to the general funds in the Treasury. The transaction provided for in this section shall be deemed to have effected a com- plete reimbursement to the general funds in the Treasury of all sums advanced to the reclama- tion fund under the provisions of such sections 391a, 391b, 397, and 398 to 400 of this title. (May 9, 1938, ch. 187, 52 Stat. 322.) Editorial Notes REFERENCES IN TEXT Sections 391b and 399 of this title, referred to in text, contained provisions similar to those comprising this section, and were omitted from the Code. § 391b. Omitted Editorial Notes CODIFICATION Section, act Mar. 3, 1931, ch. 435, § 2, 46 Stat. 1507, re- lated to reimbursement of general fund for moneys ad- vanced under section 391a of this title. See section 391a–1 of this title. § 392. Payments into reclamation fund of moneys received from entrymen and water right ap- plicants All moneys received from entrymen or appli- cants for water rights shall be paid into the rec- lamation fund. (June 17, 1902, ch. 1093, § 5, 32 Stat. 389.) Editorial Notes CODIFICATION Section is comprised of fourth sentence of section 5 of act June 17, 1902. First, second and fifth sentences of such section 5 were classified to sections 439, 431 and 381 of this title, respectively; part of third sentence was classified to section 476 of this title. Statutory Notes and Related Subsidiaries 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. § 392a. Payment into reclamation fund of receipts from irrigation projects; transfer of power revenues to General Treasury after repay- ment of construction costs All moneys received by the United States in connection with any irrigation projects, includ- ing the incidental power features thereof, con- structed by the Secretary of the Interior through the Bureau of Reclamation, and fi- nanced in whole or in part with moneys here- tofore or hereafter appropriated or allocated therefor by the Federal Government, shall be covered into the reclamation fund, except in cases where provision has been made by law or contract for the use of such revenues for the benefit of users of water from such project: Pro- vided, That after the net revenues derived from the sale of power developed in connection with any of said projects shall have repaid those con-