43 U.S.C. § 377b — Availability of appropriations for Bureau

Page 88 TITLE 43—PUBLIC LANDS § 377b 1 So in original. Probably should be followed by a comma. 2 See References in Text note below. 3 So in original. Probably should be ‘‘Services’’. Pub. L. 99–500, § 101(e) [title II], Oct. 18, 1986, 100 Stat. 1783–194, 1783–203, and Pub. L. 99–591, § 101(e) [title II], Oct. 30, 1986, 100 Stat. 3341–194, 3341–203. Pub. L. 99–141, title II, Nov. 1, 1985, 99 Stat. 570. Pub. L. 98–360, title II, July 16, 1984, 98 Stat. 410. Pub. L. 98–50, title II, July 14, 1983, 97 Stat. 253. Pub. L. 97–88, title II, Dec. 4, 1981, 95 Stat. 1140. Pub. L. 96–367, title III, Oct. 1, 1980, 94 Stat. 1342. Pub. L. 96–69, title III, Sept. 25, 1979, 93 Stat. 447. Pub. L. 95–96, title III, Aug. 7, 1977, 91 Stat. 804. Pub. L. 94–355, title III, July 12, 1976, 90 Stat. 896. Pub. L. 94–180, title III, Dec. 26, 1975, 89 Stat. 1043. Pub. L. 93–393, title III, Aug. 28, 1974, 88 Stat. 788. Pub. L. 93–97, title III, Aug. 16, 1973, 87 Stat. 324. Pub. L. 92–405, title III, Aug. 25, 1972, 86 Stat. 627. Pub. L. 92–134, title III, Oct. 5, 1971, 85 Stat. 371. Pub. L. 91–349, title III, Oct. 7, 1970, 84 Stat. 899. Pub. L. 91–144, title III, Dec. 11, 1969, 83 Stat. 332. Pub. L. 90–479, title II, Aug. 12, 1968, 82 Stat. 711. Pub. L. 90–147, title II, Nov. 20, 1967, 81 Stat. 478. Pub. L. 89–689, title II, Oct. 15, 1966, 80 Stat. 1009. Pub. L. 89–299, title II, Oct. 28, 1965, 79 Stat. 1104. Pub. L. 88–511, title II, Aug. 30, 1964, 78 Stat. 689. Pub. L. 88–257, title II, Dec. 31, 1963, 77 Stat. 850. Pub. L. 87–880, title II, Oct. 24, 1962, 76 Stat. 1222. Pub. L. 87–330, title II, Sept. 30, 1961, 75 Stat. 727. Pub. L. 86–700, title II, Sept. 2, 1960, 74 Stat. 748. Pub. L. 86–254, title II, Sept. 10, 1959, 73 Stat. 497. Pub. L. 85–863, title II, Sept. 2, 1958, 72 Stat. 1577. Pub. L. 85–167, title II, Aug. 26, 1957, 71 Stat. 421. July 2, 1956, ch. 490, title II, 70 Stat. 478. July 15, 1955, ch. 370, title II, 69 Stat. 359. July 1, 1954, ch. 446, title I, 68 Stat. 368. July 31, 1953, ch. 298, title I, 67 Stat. 268. July 9, 1952, ch. 597, title I, 66 Stat. 453. Aug. 31, 1951, ch. 375, title I, 65 Stat. 258. Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 688. § 377b. Availability of appropriations for Bureau of Reclamation Appropriations for the Bureau of Reclamation in this Act or in subsequent Energy and Water Development Appropriations Acts shall on and after October 2, 1992, be available for payment of claims for damages to or loss of property, per- sonal injury, or death arising out of activities of the Bureau of Reclamation, not to exceed $5,000,000 for each causal event giving rise to a claim or claims; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclama- tion appointed as authorized by law to represent the United States in the negotiations and ad- ministration of interstate compacts without re- imbursement or return under the reclamation laws; services as authorized by section 3109 of title 5, in total not to exceed $500,000 per year; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; per- formance of the functions specified under the head ‘‘Operation and Maintenance Administra- tion’’, Bureau of Reclamation, in the Interior Department Appropriations Act 1 1945; prepara- tion and dissemination of useful information in- cluding recordings, photographs, and photo- graphic prints; and studies of recreational uses of reservoir areas, and investigation and recov- ery of archeological and paleontological remains in such areas in the same manner as provided for in chapters 3125 and 3201 of title 54: Provided, That on and after October 2, 1992, no part of any appropriation made in this Act or in subsequent Energy and Water Development Appropriations Acts shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific rec- lamation projects except ‘‘General Administra- tive Expenses’’, amounts provided for plan for- mulation investigations under the head ‘‘Gen- eral Investigations’’, and amounts provided for science and technology under the head ‘‘Con- struction Program’’. Sums appropriated in this Act or in subse- quent Energy and Water Development Appro- priations Acts which are expended in the per- formance of reimbursable functions of the Bu- reau of Reclamation shall be returnable to the extent and in the manner provided by law. No part of any appropriation for the Bureau of Reclamation, contained in this Act, in any prior Act, or in subsequent Energy and Water Devel- opment Appropriations Acts which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 1341 of title 31. None of the funds made available by this or any other Act or by any subsequent Act shall on and after October 2, 1992, be used by the Bureau of Reclamation for contracts for surveying and mapping services unless such contracts for which a solicitation is issued after the date of this Act 2 are awarded in accordance with title IX of the Federal Property and Administrative Service 3 Act of 1949.2 (Pub. L. 102–377, title II, Oct. 2, 1992, 106 Stat. 1330, 1331; Pub. L. 108–137, title II, § 206, Dec. 1, 2003, 117 Stat. 1849; Pub. L. 113–287, § 5(l)(1), Dec. 19, 2014, 128 Stat. 3270.) Editorial Notes REFERENCES IN TEXT The Interior Department Appropriations Act 1945, re- ferred to in text, is act June 28, 1944, ch. 298, 58 Stat. 463, which is not classified to the Code. The heading ‘‘Operation and maintenance administration’’ appears at 58 Stat. 487 following the heading ‘‘Bureau of Rec- lamation’’ which appears at 58 Stat. 486. Act of April 19, 1945 (43 U.S.C. 377), referred to in text, is act April 19, 1945, ch. 80, 59 Stat. 54, which amended section 377 of this title. For complete classification of this Act to the Code, see Tables. The date of this Act, referred to in text, probably means the date of enactment of Pub. L. 102–377, which enacted this section, and which was approved Oct. 2, 1992. The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377. Title IX of the Act, which was classi- fied generally to subchapter VI (§ 541 et seq.) of chapter 10 of former Title 40, Public Buildings, Property, and Works, was repealed and reenacted by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapter 11 (§ 1101 et seq.) of Title 40, Public Buildings, Property, and Works. For disposition of sections of former Title 40 to revised Title 40, see Table preceding section 101 of Title 40. For complete classification of this Act to the Code, see Tables. Page 89 TITLE 43—PUBLIC LANDS § 383 CODIFICATION Section is comprised of the second, third, fourth, and sixth undesignated pars. under headings ‘‘BUREAU OF RECLAMATION’’ and ‘‘ADMINISTRATIVE PROVISIONS’’ in title II of Pub. L. 102–377, Oct. 2, 1992, 106 Stat. 1330, 1331. AMENDMENTS 2014—Pub. L. 113–287, which directed that the second paragraph under the heading ‘‘administrative provi- sions’’ under the heading ‘‘Bureau of Reclamation’’ (43 U.S.C. 377b), be amended by substituting ‘‘chapters 3125 and 3201 of title 54’’ for ‘‘the Acts of August 21, 1935 (16 U.S.C. 461–467) and June 27 1960 (16 U.S.C. 469)’’ without specifying a public law, was executed by making the substitution for ‘‘the Acts of August 21, 1935 (16 U.S.C. 461–467) and June 27, 1960 (16 U.S.C. 469)’’ in the first paragraph of this section, which is the second undesig- nated par. under the headings ‘‘BUREAU OF RECLAMA- TION’’ and ‘‘ADMINISTRATIVE PROVISIONS’’ in title II of Pub. L. 102–377, Oct. 2, 1992, 106 Stat. 1330, to reflect the probable intent of Congress. See Codification note above. 2003—Pub. L. 108–137 inserted in first par. ‘‘, not to exceed $5,000,000 for each causal event giving rise to a claim or claims’’ after ‘‘activities of the Bureau of Rec- lamation’’. Statutory Notes and Related Subsidiaries OPERATIONS AND MAINTENANCE COSTS OF CERTAIN BUREAU OF RECLAMATION DAMS AND DIKES Pub. L. 115–270, title IV, § 4309, Oct. 23, 2018, 132 Stat. 3889, as amended by Pub. L. 117–263, div. E, title LIX, § 5944, Dec. 23, 2022, 136 Stat. 3472, provided that: ‘‘(a) IN GENERAL.—Notwithstanding any other provi- sion of law (including regulations), effective during the one-year period beginning on the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 [Dec. 23, 2022], the Federal share of the dam safety modifications costs of a dam or dike described in subsection (b), including repairing or replacing a gate or ancillary gate components, shall be 100 percent. ‘‘(b) DESCRIPTION OF DAMS AND DIKES.—A dam or dike referred to in subsection (a) is a dam or dike— ‘‘(1) that is owned by the Bureau of Reclamation on the date of enactment of this section [Oct. 23, 2018]; ‘‘(2) the construction of which was completed not later than December 31, 1948; ‘‘(3) a corrective action study for which was com- pleted not later than December 31, 2015; and ‘‘(4) the construction of which was authorized by the Act of June 28, 1938 (52 Stat. 1215, chapter 795).’’ § 378. Omitted Editorial Notes CODIFICATION Section, act June 30, 1906, ch. 3912, 34 Stat. 663, au- thorized Secretary of the Interior to contract for office accommodations for Bureau of Reclamation in city of Washington. Construction of a building to afford office space for the bureau was authorized by act Mar. 4, 1913, ch. 147, § 9, 37 Stat. 880. § 379. Purchase of scientific books, law books, etc. The Secretary of the Interior may authorize the purchase of such law books, books of ref- erence, periodicals, engineering and statistical publications as are needed in carrying out the surveys and examinations authorized by the Act of June seventeenth, nineteen hundred and two, entitled ‘‘An Act appropriating the receipts from the sale and disposal of public lands in cer- tain States and Territories for the construction of irrigation works for the reclamation of arid lands.’’ (May 27, 1908, ch. 200, 35 Stat. 350.) Editorial Notes REFERENCES IN TEXT Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete clas- sification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. § 380. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029 Section, act July 1, 1918, ch. 113, 40 Stat. 675, author- ized purchases and procurement of services without ad- vertising and formal contract. §§ 380a, 380b. Omitted Editorial Notes CODIFICATION Section 380a, acts Aug. 4, 1939, ch. 418, § 13, 53 Stat. 1197; Oct. 10, 1940, ch. 851, § 4, 54 Stat. 1111, authorized purchases by Bureau of Reclamation without compli- ance with section 16 of former Title 41, Public Con- tracts. Section 380b, act July 9, 1952, ch. 597, title I, 66 Stat. 453, which authorized transfer of surplus aircraft parts and equipment to Bureau of Reclamation was from the Interior Department Appropriation Act, 1953, and was not repeated in subsequent appropriation acts. A prior section 380b, act Aug. 31, 1951, ch. 375, title I, 65 Stat. 257, contained provisions similar to section 380b. § 381. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 639 Section, acts June 17, 1902, ch. 1093, § 5, 32 Stat. 389; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided for commissions of registers and receivers of land offices. § 382. Repealed. Pub. L. 87–304, § 9(a)(3), Sept. 26, 1961, 75 Stat. 664 Section, act May 27, 1908, ch. 200, 35 Stat. 350, related to assignment of pay by employees of Bureau of Rec- lamation. See section 5525 of Title 5, Government Orga- nization and Employees. § 383. Vested rights and State laws unaffected Nothing in this Act shall be construed as af- fecting or intended to affect or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Sec- retary of the Interior, in carrying out the provi- sions of this Act, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Fed- eral Government or of any landowner, appropri- ator, or user of water in, to, or from any inter- state stream or the waters thereof. (June 17, 1902, ch. 1093, § 8, 32 Stat. 390.)