43 U.S.C. § 2246 — Report

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.) Page 627 TITLE 43—PUBLIC LANDS § 2302 § 2247. Federal Reclamation laws This chapter shall constitute a supplement to the Federal Reclamation laws. (Pub. L. 102–250, title III, § 307, Mar. 5, 1992, 106 Stat. 59.) CHAPTER 41—FEDERAL LAND TRANSACTION FACILITATION Sec. 2301. Findings. 2302. Definitions. 2303. Identification of inholdings. 2304. Disposal of public land. 2305. Federal Land Disposal Account. 2306. Special provisions. § 2301. Findings Congress finds that— (1) the Bureau of Land Management has au- thority under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) to sell land identified for disposal under its land use planning; (2) the Bureau of Land Management has au- thority under that Act to exchange Federal land for non-Federal land if the exchange would be in the public interest; (3) through land use planning under that Act, the Bureau of Land Management has identified certain tracts of public land for dis- posal; (4) the Federal land management agencies of the Departments of the Interior and Agri- culture have authority under existing law to acquire land consistent with the mission of each agency; (5) the sale or exchange of land identified for disposal and the acquisition of certain non- Federal land from willing landowners would— (A) allow for the reconfiguration of land ownership patterns to better facilitate re- source management; (B) contribute to administrative efficiency within Federal land management units; and (C) allow for increased effectiveness of the allocation of fiscal and human resources within the Federal land management agen- cies; (6) a more expeditious process for disposal and acquisition of land, established to facili- tate a more effective configuration of land ownership patterns, would benefit the public interest; (7) many private individuals own land within the boundaries of Federal land management units and desire to sell the land to the Federal Government; (8) such land lies within national parks, na- tional monuments, national wildlife refuges, national forests, and other areas designated for special management; (9) Federal land management agencies are facing increased workloads from rapidly grow- ing public demand for the use of public land, making it difficult for Federal managers to address problems created by the existence of inholdings in many areas; (10) in many cases, inholders and the Federal Government would mutually benefit from Fed- eral acquisition of the land on a priority basis; (11) proceeds generated from the disposal of public land may be properly dedicated to the acquisition of inholdings and other land that will improve the resource management ability of the Federal land management agencies and adjoining landowners; (12) using proceeds generated from the dis- posal of public land to purchase inholdings and other such land from willing sellers would en- hance the ability of the Federal land manage- ment agencies to— (A) work cooperatively with private land- owners and State and local governments; and (B) promote consolidation of the owner- ship of public and private land in a manner that would allow for better overall resource management; (13) in certain locations, the sale of public land that has been identified for disposal is the best way for the public to receive fair mar- ket value for the land; and (14) to allow for the least disruption of exist- ing land and resource management programs, the Bureau of Land Management may use non- Federal entities to prepare appraisal docu- ments for agency review and approval con- sistent with applicable provisions of the Uni- form Standards for Federal Land Acquisition. (Pub. L. 106–248, title II, § 202, July 25, 2000, 114 Stat. 613.) Editorial Notes REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in pars. (1) to (3), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–141, div. O, title III, § 301, Mar. 23, 2018, 132 Stat. 1074, provided that: ‘‘This title [amending sec- tions 2302 and 2304 to 2306 of this title] may be cited as the ‘Federal Land Transaction Facilitation Act Reau- thorization of 2018’.’’ SHORT TITLE Pub. L. 106–248, title II, § 201, July 25, 2000, 114 Stat. 613, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Federal Land Transaction Facili- tation Act’.’’ § 2302. Definitions In this chapter: (1) Exceptional resource The term ‘‘exceptional resource’’ means a resource of scientific, natural, historic, cul- tural, recreational access and use, or other recreational value that has been documented by a Federal, State, or local governmental au- thority, and for which there is a compelling need for conservation and protection under the jurisdiction of a Federal agency in order to maintain the resource for the benefit of the public. (2) Federally designated area The term ‘‘federally designated area’’ means land in Alaska and the eleven contiguous