43 U.S.C. § 1478 — Appraisal and valuation services for real

Page 397 TITLE 43—PUBLIC LANDS § 1478 (f) Program implementation report Not later than 4 years after December 27, 2020, the Secretary shall submit a report to the Com- mittee on Natural Resources and the Committee on Appropriations of the House of Representa- tives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate, that includes— (1) a list of basins and sub-basins for which snowpack measurement technologies are being used under the program, including a descrip- tion of each technology used; and (2) a list of Federal agencies and program partners participating in each basin or sub- basin listed in paragraph (1). (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $15,000,000, in the aggregate, for fiscal years 2022 through 2026. (Pub. L. 116–260, div. FF, title XI, § 1111, Dec. 27, 2020, 134 Stat. 3249.) REFERENCES IN TEXT This section, referred to in subsecs. (b), (d)(3)(A), (e)(2)(B), (3), (5)(B), (6), and (g), was in the original ‘‘this Act’’, which was translated as meaning section 1111 of Pub. L. 116–260, div. FF, Dec. 27, 2020, 134 Stat. 3249, to reflect the probable intent of Congress. DEFINITIONS For definition of ‘‘Secretary’’ as used in this section, see section 1115 of div. FF of Pub. L. 116–260, set out as a note under section 2330c of Title 33, Navigation and Navigable Waters. § 1478. Appraisal and valuation services for real property (a) License, certification requirement A covered appraiser needs to be licensed or certified in only 1 State to perform appraisal or valuation services for real property in any State for a transaction over which the Secretary has jurisdiction. (b) Use of non-Federal covered appraisers If the Secretary uses a non-Federal covered appraiser to perform appraisal or valuation serv- ices for real property for a transaction described in subsection (a), the Secretary— (1) shall, to the maximum extent prac- ticable, use a non-Federal covered appraiser who is a certified general real property ap- praiser licensed in a State in which the real property that is the subject of the transaction is located; and (2) may only use a non-Federal covered ap- praiser who is a certified general real property appraiser licensed in a State other than one in which the real property that is the subject of the transaction is located if a non-Federal covered appraiser described in paragraph (1) is, as determined by the Secretary— (A) unavailable to complete an assignment within a reasonable period of time; (B) not assignment qualified; or (C) not cost competitive. (c) Report Not later than 1 year after January 4, 2025, and annually thereafter for at least the following 4 years, the Secretary shall submit to Congress a report that includes the following: (1) A comparison using quantitative data of— (A) the number of requests for appraisal and valuation services received by the De- partment during the reporting period and the number of requests for such services re- ceived by the Department in each of the 5 years before the reporting period; and (B) the amount of time required for the Department to complete a request for ap- praisal or valuation services before January 4, 2025, and after January 4, 2025. (2) A qualitative assessment of the impact of subsection (a) in providing flexibility to the Secretary when contracting with non-Federal covered appraisers. (3) Recommendations, if any, for congres- sional action that could help the Department operate more efficiently or overcome chal- lenges with respect to timely completion of re- quests for appraisal or valuation services while ensuring the independence, impartiality, and objectivity of such services. (4) An overview of the workforce of the De- partment with regard to appraisal and valu- ation services provided by the Department, in- cluding hiring and staffing during the report- ing period with respect to employees and con- tractors of the Department. (5) A complete list of cases in which the au- thority granted under this section was used during the reporting period, describing for each case the specific criteria used to satisfy the conditions of this section. (d) Statutory clarifications (1) Applicability of relevant laws and regula- tions Except as provided in paragraph (3), nothing in this section shall be interpreted to affect the application of any Federal or State law or regulation to a non-Federal covered appraiser with regard to the performance by such non- Federal covered appraiser of appraisal and valuation services for real property. (2) Jurisdiction requirement Nothing in this section shall be interpreted to authorize a non-Federal covered appraiser to perform appraisal and valuation services for real property in a State in which such non- Federal covered appraiser is not licensed or certified to perform such services except to the extent that such services are performed for a transaction over which the Secretary has jurisdiction. (3) Nonapplicability of certain relevant laws and regulations Any provision of a Federal or State law or regulation enacted before January 4, 2025, that requires a covered appraiser to be licensed or certified in a specific State to perform ap- praisal or valuation services for real property in that State shall not apply to any trans- action over which the Secretary has jurisdic- tion. (e) Public availability Not later than 90 days after January 4, 2025, the text of all policies (including any successor policies), including reference manuals, guidance Page 398 TITLE 43—PUBLIC LANDS § 1501 documents, handbooks, standard operating pro- cedures, and statements of policy specific to the scoping, contracting, and review of appraisals performed for the Department by Federal or non-Federal covered appraisers, shall be made publicly available online and provided upon re- quest. (f) Definitions In this section: (1) Covered appraiser The term ‘‘covered appraiser’’ means a State-licensed or -certified real property ap- praiser. (2) Department The term ‘‘Department’’ means the Depart- ment of the Interior. (3) Reporting period The term ‘‘reporting period’’ means the 1- year period before the date on which a report is submitted under subsection (c). (4) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (5) State The term ‘‘State’’ means each of the several States, the District of Columbia, and each ter- ritory and possession of the United States. (Pub. L. 118–230, § 2, Jan. 4, 2025, 138 Stat. 2826.) CHAPTER 32—COLORADO RIVER BASIN PROJECT SUBCHAPTER I—OBJECTIVES Sec. 1501. Congressional declaration of purpose and pol- icy. SUBCHAPTER II—INVESTIGATIONS AND PLANNING 1511. Reconnaissance investigations by Secretary of the Interior; reports; 10-year moratorium on water importation studies. 1511a. Cooperation and participation by Secretary of the Army with Federal, State, and local agencies. 1512. Mexican Water Treaty. 1513. Importation of water; protection of exporting areas. 1514. Authorization of appropriations. SUBCHAPTER III—AUTHORIZED UNITS; PROTECTION OF EXISTING USES 1521. Central Arizona Project. 1522. Orme Dam and Reservoir. 1523. Power requirements of Central Arizona Project and augmentation of Lower Colo- rado River Basin Development Fund. 1524. Water furnished from Central Arizona Project. 1525. Cost of main stream water of Colorado River. 1526. Water salvage programs. 1527. Fish and wildlife conservation and develop- ment. 1528. Authorization of appropriations. SUBCHAPTER IV—LOWER COLORADO RIVER BASIN DEVELOPMENT FUND 1541. Allocation of costs; repayment. 1542. Repayment capability of Indian lands. 1543. Lower Colorado River Basin Development Fund. Sec. 1544. Annual report to Congress. SUBCHAPTER V—GENERAL PROVISIONS 1551. Construction of Colorado River Basin Act. 1552. Criteria for long-range operation of res- ervoirs. 1553. Upper Colorado River Basin; rights to con- sumptive uses not to be reduced or preju- diced; duties and powers of Commission not impaired. 1554. Federal reclamation laws. 1555. Federal Power Act inapplicable to Colorado River between Hoover Dam and Glen Can- yon Dam. 1556. Definitions. SUBCHAPTER I—OBJECTIVES § 1501. Congressional declaration of purpose and policy (a) It is the object of this chapter to provide a program for the further comprehensive develop- ment of the water resources of the Colorado River Basin and for the provision of additional and adequate water supplies for use in the upper as well as in the lower Colorado River Basin. This program is declared to be for the purposes, among others, of regulating the flow of the Colo- rado River; controlling floods; improving navi- gation; providing for the storage and delivery of the waters of the Colorado River for reclamation of lands, including supplemental water supplies, and for municipal, industrial, and other bene- ficial purposes; improving water quality; pro- viding for basic public outdoor recreation facili- ties; improving conditions for fish and wildlife, and the generation and sale of electrical power as an incident of the foregoing purposes. (b) It is the policy of the Congress that the Secretary of the Interior (hereinafter referred to the ‘‘Secretary’’) shall continue to develop, after consultation with affected States and appro- priate Federal agencies, a regional water plan, consistent with the provisions of this chapter and with future authorizations, to serve as the framework under which projects in the Colorado River Basin may be coordinated and constructed with proper timing to the end that an adequate supply of water may be made available for such projects, whether heretofore, herein, or here- after authorized. (Pub. L. 90–537, title I, § 102, Sept. 30, 1968, 82 Stat. 886.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885, known as the Colorado River Basin Project Act, which enacted this chapter and sections 616aa–1, 620a–1, 620a–2, 620c–1, and 620d–1 of this title, amended sections 616hh, 620, and 620a of this title, and enacted provisions set out as notes under sections 620, 620k, and 1501 of this title. For complete classification of this Act to the Code, see Short Title note set out below and Ta- bles. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL ON FAILURE OF ENFORCEABILITY DATE Pub. L. 108–451, title I, § 111, Dec. 10, 2004, 118 Stat. 3499, provided that: