43 U.S.C. § 2241 — Authorization of appropriations

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 this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Fish and Wildlife Coordination Act, referred to in subsec. (d), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of Title 16, Conservation. For complete classification of this Act to the Code, see section 661(a) of Title 16, Short Title note set out under section 661 of Title 16, and Tables. § 2224. Recommendations (a) Approval The Secretary shall submit each plan prepared pursuant to section 2222 of this title to the Con- gress, together with the Secretary’s rec- ommendations, including recommendations for authorizing legislation, if needed. (b) Pacific Northwest region A contingency plan under subsection (a) for the State of Washington, Oregon, Idaho, or Mon- tana, may be approved by the Secretary only at the request of the Governor of the affected State in coordination with the other States in the re- gion and the Administrator of the Bonneville Power Administration. (Pub. L. 102–250, title II, § 204, Mar. 5, 1992, 106 Stat. 57.) § 2225. Reclamation Drought Response Fund The Secretary shall undertake a study of the need, if any, to establish a Reclamation Drought Response Fund to be available for defraying those expenses which the Secretary determines necessary to implement plans prepared under section 2222 of this title and to make loans for nonstructural and minor structural activities for the prevention or mitigation of the adverse effects of drought. (Pub. L. 102–250, title II, § 205, Mar. 5, 1992, 106 Stat. 58.) § 2226. Technical assistance and transfer of pre- cipitation management technology (a) Technical assistance The Secretary is authorized to provide tech- nical assistance for drought contingency plan- ning in any of the States not identified in sec- tion 391 of this title, and the District of Colum- bia, 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, Amer- ican Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. (b) Technology Transfer Program The Secretary is authorized to conduct a Pre- cipitation 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 re- sources development and management program. In consultation with State, tribal, and local water, hydropower, water quality and instream flow interests, areas shall be selected for con- ducting field studies cost-shared on a 50–50 basis to validate and quantify the potential for appro- priate precipitation management technology to augment stream flows. Validated technologies shall be transferred to non-Federal interests for operational implementation. (Pub. L. 102–250, title II, § 206, Mar. 5, 1992, 106 Stat. 58.) Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. SUBCHAPTER III—GENERAL AND MISCELLANEOUS PROVISIONS § 2241. Authorization of appropriations Except as otherwise provided in section 2243 of this title (relating to temperature control de- vices at Shasta Dam, California), there is au- thorized to be appropriated not more than $120,000,000 1 in total for the period of fiscal years 2006 through 2028. (Pub. L. 102–250, title III, § 301, Mar. 5, 1992, 106 Stat. 58; Pub. L. 104–206, title II, Sept. 30, 1996, 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.)