43 U.S.C. § 392a — Payment into reclamation fund of receipts

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Subsidiaries SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.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- Page 129 TITLE 43—PUBLIC LANDS § 397 struction costs of such project allocated to power to be repaid by power revenues therefrom and shall no longer be required to meet the con- tractual obligations of the United States, then said net revenues derived from the sale of power developed in connection with such project shall, after the close of each fiscal year, be transferred to and covered into the General Treasury as ‘‘miscellaneous receipts’’: Provided further, That nothing in this section shall be construed to amend the Boulder Canyon Project Act (45 Stat. 1057), as amended [43 U.S.C. 617 et seq.], or to apply to irrigation projects of the Office of In- dian Affairs. (May 9, 1938, ch. 187, 52 Stat. 322.) Editorial Notes REFERENCES IN TEXT The Boulder Canyon Project Act (45 Stat. 1057), as amended, referred to in text, is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, which is classified generally to subchapter I (§ 617 et seq.) of chapter 12A of this title. For complete classification of this Act to the Code, see section 617t of this title and Tables. 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. § 393. Proceeds from sale of materials, etc. There shall be covered into the reclamation fund the proceeds of the sales of material uti- lized for temporary work and structures in con- nection with the operations under the Act of June 17, 1902, known as the reclamation Act, as well as of the sales of all other condemned prop- erty which had been purchased under the provi- sions thereof, and also any moneys refunded in connection with the operations under said rec- lamation Act. (Mar. 3, 1905, ch. 1459, 33 Stat. 1032.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, known as the reclamation Act, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, 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. § 394. Proceeds from sale of products of or leases of withdrawn or reserved lands The proceeds heretofore or hereafter received from the lease of any lands reserved or with- drawn under the reclamation law or from the sale of the products therefrom shall be covered into the reclamation fund; and where such lands are affected by a reservation or withdrawal under some other law, the proceeds from the lease of land and the sale of products therefrom shall likewise be covered into the reclamation fund in all cases where such lands are needed for the protection or operation of any reservoir or other works constructed under the reclamation law, and such lands shall be and remain under the jurisdiction of the Secretary of the Interior. (July 19, 1919, ch. 24, 41 Stat. 202.) Editorial Notes REFERENCES IN TEXT The reclamation law, referred to in text, is identified in act July 19, 1919, ch. 24, 41 Stat. 200, under the head- ing ‘‘RECLAMATION SERVICE’’, as act June 17, 1902, ch. 1093, 32 Stat. 388, and Acts amendatory thereof and sup- plementary thereto. Act June 17, 1902, popularly known as the Reclamation Act, is classified generally to this chapter. For complete classification of act June 17, 1902, to the Code, see Short Title note set out under section 371 of this title and Tables. § 395. Contributions by State, municipality, etc. All moneys received after March 4, 1921, from any State, municipality, corporation, associa- tion, firm, district, or individual for investiga- tions, surveys, construction work, or any other development work incident thereto involving operations similar to those provided for by the reclamation law shall be covered into the rec- lamation fund and shall be available for expendi- ture for the purposes for which contributed in like manner as if said sums had been specifically appropriated for said purposes. (Mar. 4, 1921, ch. 161, 41 Stat. 1404.) Editorial Notes REFERENCES IN TEXT The reclamation law, referred to in text, is identified in act Mar. 4, 1921, ch. 161, 41 Stat. 1402, under the head- ing ‘‘RECLAMATION SERVICE’’, as act June 17, 1902, ch. 1093, 32 Stat. 388, and Acts amendatory thereof or sup- plementary thereto. Act June 17, 1902, popularly known as the Reclamation Act, is classified generally to this chapter. For complete classification of act June 17, 1902, to the Code, see Short Title note set out under section 371 of this title and Tables. § 396. Return of contributions to cooperative in- vestigations of projects On and after December 25, 1924, the Secretary of the Interior is authorized to receive moneys from any State, municipality, irrigation dis- trict, individual, or other interest, public or pri- vate, expend the same in connection with mon- eys appropriated by the United States for any cooperative investigation of the feasibility of reclamation projects, and return to the contrib- utor any moneys so contributed in excess of the actual cost of that portion of the work properly chargeable to the contribution. (Dec. 5, 1924, ch. 4, § 1, 43 Stat. 685.) § 397. Advances by Government for completion of projects initiated prior to June 25, 1910 To enable the Secretary of the Interior to complete Government reclamation projects begun prior to June 25, 1910, the Secretary of the Treasury is authorized, as of June 25, 1910, upon request of the Secretary of the Interior, 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 ag-