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43 U.S.C. § 2242 — Authority of Secretary
Federal law — U.S. Code and appendices · legal_authorities
Page 626
TITLE 43—PUBLIC LANDS
§ 2242
110 Stat. 2992; Pub. L. 106–60, title II, Sept. 29,
1999, 113 Stat. 488; Pub. L. 106–377, § 1(a)(2) [title
II], Oct. 27, 2000, 114 Stat. 1441, 1441A–67; Pub. L.
107–66, title II, Nov. 12, 2001, 115 Stat. 498; Pub. L.
108–7, div. D, title II, Feb. 20, 2003, 117 Stat. 144;
Pub. L. 108–137, title II, Dec. 1, 2003, 117 Stat.
1847; Pub. L. 109–234, title II, § 2306(b), June 15,
2006, 120 Stat. 457; Pub. L. 111–212, title I, § 404(b),
July 29, 2010, 124 Stat. 2314; Pub. L. 113–235, div.
D, title II, § 204, Dec. 16, 2014, 128 Stat. 2311; Pub.
L. 115–141, div. D, title II, § 203(b), Mar. 23, 2018,
132 Stat. 519; Pub. L. 116–260, div. D, title II,
§ 207(b), Dec. 27, 2020, 134 Stat. 1363; Pub. L.
117–103, div. D, title II, § 206(b), Mar. 15, 2022, 136
Stat. 221; Pub. L. 118–170, § 2(b), Dec. 23, 2024, 138
Stat. 2589.)
Editorial Notes
AMENDMENTS
2024—Pub. L. 118–170 substituted ‘‘2028’’ for ‘‘2022’’.
2022—Pub. L. 117–103 substituted ‘‘2022’’ for ‘‘2021’’.
2020—Pub. L. 116–260 substituted ‘‘2021’’ for ‘‘2020’’.
2018—Pub. L. 115–141 substituted ‘‘$120,000,000’’ for
‘‘$90,000,000’’ and ‘‘2020’’ for ‘‘2017’’.
2014—Pub. L. 113–235 substituted ‘‘2017’’ for ‘‘2012’’.
2010—Pub. L. 111–212 substituted ‘‘through 2012’’ for
‘‘through 2010’’.
2006—Pub. L. 109–234 substituted ‘‘the period of fiscal
years 2006 through 2010’’ for ‘‘fiscal years 1992, 1993, 1994,
1995, 1996, 1999, 2000, 2001, 2002, 2003, and 2004’’.
2003—Pub. L. 108–137 substituted ‘‘2003, and 2004’’ for
‘‘and 2003’’.
Pub. L. 108–7 substituted ‘‘2002, and 2003’’ for ‘‘and
2002’’.
2001—Pub. L. 107–66 substituted ‘‘2001, and 2002’’ for
‘‘and 2001’’.
2000—Pub. L. 106–377 substituted ‘‘2000, and 2001’’ for
‘‘and 2000’’.
1999—Pub. L. 106–60 substituted ‘‘1999, a
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 2242
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Page 626
TITLE 43—PUBLIC LANDS
§ 2242
110 Stat. 2992; Pub. L. 106–60, title II, Sept. 29,
1999, 113 Stat. 488; Pub. L. 106–377, § 1(a)(2) [title
II], Oct. 27, 2000, 114 Stat. 1441, 1441A–67; Pub. L.
107–66, title II, Nov. 12, 2001, 115 Stat. 498; Pub. L.
108–7, div. D, title II, Feb. 20, 2003, 117 Stat. 144;
Pub. L. 108–137, title II, Dec. 1, 2003, 117 Stat.
1847; Pub. L. 109–234, title II, § 2306(b), June 15,
2006, 120 Stat. 457; Pub. L. 111–212, title I, § 404(b),
July 29, 2010, 124 Stat. 2314; Pub. L. 113–235, div.
D, title II, § 204, Dec. 16, 2014, 128 Stat. 2311; Pub.
L. 115–141, div. D, title II, § 203(b), Mar. 23, 2018,
132 Stat. 519; Pub. L. 116–260, div. D, title II,
§ 207(b), Dec. 27, 2020, 134 Stat. 1363; Pub. L.
117–103, div. D, title II, § 206(b), Mar. 15, 2022, 136
Stat. 221; Pub. L. 118–170, § 2(b), Dec. 23, 2024, 138
Stat. 2589.)
Editorial Notes
AMENDMENTS
2024—Pub. L. 118–170 substituted ‘‘2028’’ for ‘‘2022’’.
2022—Pub. L. 117–103 substituted ‘‘2022’’ for ‘‘2021’’.
2020—Pub. L. 116–260 substituted ‘‘2021’’ for ‘‘2020’’.
2018—Pub. L. 115–141 substituted ‘‘$120,000,000’’ for
‘‘$90,000,000’’ and ‘‘2020’’ for ‘‘2017’’.
2014—Pub. L. 113–235 substituted ‘‘2017’’ for ‘‘2012’’.
2010—Pub. L. 111–212 substituted ‘‘through 2012’’ for
‘‘through 2010’’.
2006—Pub. L. 109–234 substituted ‘‘the period of fiscal
years 2006 through 2010’’ for ‘‘fiscal years 1992, 1993, 1994,
1995, 1996, 1999, 2000, 2001, 2002, 2003, and 2004’’.
2003—Pub. L. 108–137 substituted ‘‘2003, and 2004’’ for
‘‘and 2003’’.
Pub. L. 108–7 substituted ‘‘2002, and 2003’’ for ‘‘and
2002’’.
2001—Pub. L. 107–66 substituted ‘‘2001, and 2002’’ for
‘‘and 2001’’.
2000—Pub. L. 106–377 substituted ‘‘2000, and 2001’’ for
‘‘and 2000’’.
1999—Pub. L. 106–60 substituted ‘‘1999, and 2000’’ for
‘‘and 1997’’.
1996—Pub. L. 104–206 substituted ‘‘1996, and 1997’’ for
‘‘and 1996’’.
Statutory Notes and Related Subsidiaries
EXTENSION OF AUTHORIZATION OF APPROPRIATIONS
Pub. L. 118–42, div. D, title II, § 206(b), Mar. 9, 2024, 138
Stat. 194, provided that: ‘‘Section 301 of the Reclama-
tion States Emergency Drought Relief Act of 1991 (43
U.S.C. 2241) shall be applied by substituting ‘2024’ for
‘2022’ and by substituting ‘$130,000,000’ for ‘$120,000,000’.’’
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 117–328, div. D, title II, § 206(b), Dec. 29, 2022,
136 Stat. 4631.
§ 2242. Authority of Secretary
The Secretary is authorized to perform any
and all acts and to promulgate such regulations
as may be necessary and appropriate for the pur-
pose of implementing this chapter. In carrying
out the authorities under this chapter, the Sec-
retary shall give specific consideration to the
needs of fish and wildlife, together with other
project purposes, and shall consider temporary
operational changes which will mitigate, or can
be expected to have an effect in mitigating, fish
and wildlife losses and damages resulting from
drought conditions, consistent with the Sec-
retary’s other obligations.
(Pub. L. 102–250, title III, § 302, Mar. 5, 1992, 106
Stat. 58.)
§ 2243. Temperature control at Shasta Dam, Cen-
tral Valley Project
The Secretary is authorized to complete the
design and specifications for construction of a
device to control the temperature of water re-
leases from Shasta Dam, Central Valley Project,
California, and to construct facilities needed to
attach such device to the dam. There is author-
ized to be appropriated to carry out the author-
ity of this section not more than $12,000,000.
(Pub. L. 102–250, title III, § 303, Mar. 5, 1992, 106
Stat. 58.)
§ 2244. Effect of chapter on other laws
(a) Conformity with State and Federal law
All actions taken pursuant to this chapter per-
taining to the diversion, storage, use, or transfer
of water shall be in conformity with applicable
State and applicable Federal law.
(b) Effect on jurisdiction, authority, and water
rights
Nothing in this chapter shall be construed as
expanding or diminishing State, Federal, or
tribal jurisdiction or authority over water re-
sources development, control, or water rights.
(Pub. L. 102–250, title III, § 304, Mar. 5, 1992, 106
Stat. 59.)
§ 2245. Excess storage and carrying capacity
The Secretary is authorized to enter into con-
tracts with municipalities, public water dis-
tricts and agencies, other Federal agencies,
State agencies, and private entities, pursuant to
the Act of February 21, 1911 (43 U.S.C. 523), for
the impounding, storage, and carriage of non-
project water for domestic, municipal, fish and
wildlife, industrial, and other beneficial pur-
poses using any facilities associated with the
Central Valley Project, Cachuma Project, and
the Ventura River Project, California, the
Truckee Storage Project, and the Washoe
Project, California and Nevada. The Secretary is
further authorized to enter into contracts for
the exchange of water for the aforementioned
purposes using facilities associated with the
Cachuma Project, California.
(Pub. L. 102–250, title III, § 305, Mar. 5, 1992, 106
Stat. 59.)
Editorial Notes
REFERENCES IN TEXT
Act of February 21, 1911, referred to in text, is act
Feb. 21, 1911, ch. 141, 36 Stat. 925, popularly known as
the Warren Act, which enacted sections 523 to 525 of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 523 of
this title and Tables.
§ 2246. Report
There shall be included as part of the Presi-
dent’s annual budget submittal to the Congress
a detailed report on past and proposed expendi-
tures and accomplishments under this chapter.
(Pub. L. 102–250, title III, § 306, Mar. 5, 1992, 106
Stat. 59.)
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Technical assistance** The Secretary is authorized to provide technical assistance for drought contingency planning in any of the States not identified in [section 391 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section391&num=0&edition=prelim), and the District of Columbia, Puerto Rico, the Republic of the Marshall Islands, the Federated States of Micronesia, the Trust Territory of the Pacific Islands, and upon termination of the Trusteeship, the Republic of Palau, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
**(b) Technology Transfer Program** The Secretary is authorized to conduct a Precipitation Management Technology Transfer Program to help alleviate problems caused by precipitation variability and droughts in the West, as part of a balanced long-term water resources development and management program. In consultation with State, tribal, and local water, hydropower, water quality and instream flow interests, areas shall be selected for conducting field studies cost-shared on a 50–50 basis to validate and quantify the potential for appropriate precipitation management technology to augment stream flows. Validated technologies shall be transferred to non-Federal interests for operational implementation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 2241
Stored review status: release_metadata_unconfirmed. The source passage cites 43 U.S.C. § 2241. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 625
TITLE 43—PUBLIC LANDS
§ 2241
1 See Extension of Authorization of Appropriations note below.
(1) Those plan elements which pertain exclu-
sively to the responsibilities and obligations
of the Secretary pursuant to Federal Reclama-
tion law and the responsibilities and obliga-
tions of the Secretary for a specific Federal
Reclamation project.
(2) Those plan elements that pertain to
projects, purposes, or activities not con-
structed, financed, or otherwise governed by
the Federal Reclamation law.
(c) Drought levels
The Secretary is authorized to work with
other Federal and State agencies to improve hy-
drologic data collection systems and water sup-
ply forecasting techniques to provide more accu-
rate and timely warning of potential drought
conditions and drought levels that would trigger
the implementation of contingency plans.
(d) Compliance with law
The contingency plans and plan elements shall
comply with all requirements of applicable Fed-
eral law, including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321), section 2265(a)
of title 33, and the Fish and Wildlife Coordina-
tion Act [16 U.S.C. 661 et seq.], and shall be in
accordance with applicable State law.
(e) Review
The contingency plans shall include provisions
for periodic review to assure the adequacy of the
contingency plan to respond to current condi-
tions, and such plans may be modified accord-
ingly.
(Pub. L. 102–250, title II, § 203, Mar. 5, 1992, 106
Stat. 57.)
Editorial Notes
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, re-
ferred to in subsec. (d), is Pub. L. 91–190, Jan. 1, 1970, 83
Stat. 852, which is classified generally to chapter 55
(§ 4321 et seq.) of Title 42, The Public Health and Wel-
fare. For complete classification of t
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 2241
Stored review status: historical_2024_not_currentness_verified. The source passage cites 43 U.S.C. § 2241. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in [section 2243 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2243&num=0&edition=prelim) (relating to temperature control devices at Shasta Dam, California), there is authorized to be appropriated not more than $120,000,000 11 See Extension of Authorization of Appropriations note below. in total for the period of fiscal years 2006 through 2028.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 2242
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Whenever in carrying out the provisions of the reclamation law, storage or carrying capacity has been or may be provided in excess of the requirements of the lands to be irrigated under any project, the Secretary of the Interior, preserving a first right to lands and entrymen under the project, is authorized, upon such terms as he may determine to be just and equitable, to contract for the impounding, storage, and carriage of water to an extent not exceeding such excess capacity with irrigation systems operating under [section 641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section641&num=0&edition=prelim), and individuals, corporations, associations, and irrigation districts organized for or engaged in furnishing or in distributing water for irrigation. Water so impounded, stored, or carried under any such contract shall be for the purpose of distribution to individual water users by the party with whom the contract is made: Provided, however, That water so impounded, stored, or carried shall not be used otherwise than as prescribed by law as to lands held in private ownership within Government reclamation projects. In fixing the charges under any such contract for impounding, storing, or carrying water for any irrigation system, corporation, association, district, or individual, as herein provided, the Secretary shall take into consideration the cost of construction and maintenance of the reservoir by which such water is to be impounded or stored and the canal by which it is to be carried, and such charges shall be just and equitable as to water users under the Government project. No irrigation system, district, association, corporation, or individual so contracting shall make any charge for the storage, carriage, or delivery of
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 523
Stored review status: release_metadata_unconfirmed. The source passage cites 43 U.S.C. § 523. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 187
TITLE 43—PUBLIC LANDS
§ 523
lands lying within any irrigation district with
which the United States shall have contracted,
by which the irrigation district agrees to make
the payment of all charges for the building of ir-
rigation works and for operation and mainte-
nance, shall not reserve to the United States a
lien for the payment of such charges; and where
such a lien shall have been reserved in any pat-
ent or water-right certificate issued under said
subchapter, the Secretary of the Interior is em-
powered to release such lien in such manner and
form as may be deemed effective; and the Sec-
retary of the Interior is further empowered to
release liens in favor of the United States con-
tained in water-right applications and to assent
to the release of liens to secure reimbursement
of moneys due to the United States pursuant to
water-right applications running in favor of the
water users’ association and contained in stock
subscription contracts to such associations,
when the lands covered by such liens shall be
subject to assessment and levy for the collection
of all moneys due and to become due to the
United States by irrigation districts formed pur-
suant to State law and with which the United
States shall have entered into contract therefor:
Provided, That no such lien so reserved to the
United States in any patent or water-right cer-
tificate shall be released until the owner of the
land covered by the lien shall consent in writing
to the assessment, levy, and collection by such
irrigation district of taxes against said land for
the payment to the United States of the con-
tract obligation: Provided further, That before
any lien is released under this section the Sec-
retary of the Interior shall file a written report
finding
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 523
Stored review status: historical_2024_not_currentness_verified. The source passage cites 43 U.S.C. § 523. This identifies an authority to review, not proof of applicability.