WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT, WASHINGTON Sec. 616ss. Authorization for construction, operation, and maintenance. 616tt. Application of other laws; construction costs. 616uu. Recreational facilities; construction and operation; agreements with Federal agencies, State, or local public bodies; nonreimbursable costs; project costs. 616vv. 616vv-1. Manson unit; authorization for construction, operation, and maintenance; purposes; principal works. Authorization of appropriations. 616vv-2. Same; irrigation repayment contracts; period for repayment; repayment from revenues derived from disposition of power; construction costs defined; charges for power and energy for irrigation water pumping. 616vv-3. Same; conservation and development of fish and wildlife and enhancement of recreation. 616vv-4. Same; restriction on delivery of water for production of excessive basic commodities. 616vv-5. Same; authorization of appropriations. AUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION: CENTRAL VALLEY PROJECT, CALIFORNIA 616aaa. Authorization for construction, operation, and maintenance; purpose; principal works. 616bbb. Financial and operational integration and coordination of unit and project; flood control. 616ccc. Public outdoor recreation and fish and wildlife facilities. (a) Construction, operation, and maintenance; acquisition of and inclusion of lands in unit area; allocation of water; public use and enjoyment; agreements with Federal agencies, State, or local public bodies; transfers of lands and facilities for development and operation. (b) Sugar Pine Reservoir recreation facilities; nonreimbursable provisions inapplicable. (c) Non-Federal administration of unit land and water areas; costs; preconstruction (d) Non-Federal share of costs. wildlife enhancement potential; execu- (1) Nonreimbursable costs. (g) Allocation of fish and wildlife damagemitigation among all unit purpose. (h) Interpretation of "nonreimbursable". 616ddd. Consideration of State water plan reports; consultation of local interests: public hearings or other expression of views. 616eee. Allocation of water; limitation. 616fff. Authorization of appropriations. 616fff-1. San Felipe division; authorization for construction, operation, and maintenance; purposes; principal works; service contract with local public or private agency. 616fff-2. Same; application of other laws. 616fff-3. Same; contract for delivery of water through State facilities. 616fff-4. Same; consideration of State water plan reports; consultation with local interests; public hearings or other expression of local views. 616fff-5. Same; nonapplication of other laws. 616fff-6. Same; restriction on delivery of water for production of excessive basic commodities. 616fff-7. Same; authorization of appropriations. (b) Execution of contract prerequisite to commencement of project. (c) Impairment of efficiency of project for irrigation purposes. (d) Transfer of project to state agency. (e) Permanent use of project facilities by Nevada. 616jjj. Construction costs allocated to defense installations. 616kkk. Control of diverted waters. 616lll. Contract provisions for subordination of rights of contracting party to those of Basic Management, Inc., or its assignees. 616mmm. Authorization of appropriations. TUALATIN PROJECT, OREGON 616nnn. Authorization for construction, operation, and maintenance; purposes; principal features. 616000. Irrigation repayment contracts; repayment period; repayment from revenues derived from disposition of power; charges for power and energy. 616ppp. Conservation and development of fish and wildlife resources and enhancement of recreation. 616qqq. Project repayment. (a) Water users' contracts; period for repayment; interest. (b) Interest rate; basis for determination by Secretary of Treasury. (c) Nonreimbursable costs. 616rrr. Restriction on delivery of water for production of excessive basic commodities. 616sss. Authorization of appropriations. MISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA 616ttt. Authorization for construction, operation, and maintenance; purposes; principal features. 616uuu. Conservation and development of fish and wildlife resources and enhancement of recreation; commencement of construction upon elimination of State prohibition against hunting by nonresidents in waterfowl enhancement 616tttt. 616uuuu. 616vvvv. 616wwww. 616xxxx. 616yyyy. Authorization for construction, operation, and maintenance. (a) Purposes; principal works. (b) Construction of Dayton Dam and Reservoir; payment of costs. (c) Maintenance of streamflow to insure fish and wildlife conservation. Irrigation repayment contracts; repayment of construction costs. Conservation of fish and wildlife and en- Interest rate; basis for determination by Sec- (a) Separable and joint construction costs (b) Construction of works involved in Touchet division. (c) Adjustment of appropriated amounts. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 16 sections 5902-8, 5902-11. GENERAL PROVISIONS § 371. Definitions; "Secretary," "reclamation law," "reclamation fund," "project," and "division of a project." When used in this section and sections 376, 377, 412, 417, 433, 462, 466, 472, 478, 493, 494, 500, 501 and 526 of this title (a) The word "Secretary" means the Secretary of the Interior. (b) The words "reclamation law" mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto. (c) The words "reclamation fund" mean the fund provided by the reclamation law. (d) The word "project" means a Federal irrigation project authorized by the reclamation law. (e) The words "division of a project" mean a substantial irrigable area of a project designated as a division by order of the Secretary. (Dec. 5, 1924, ch. 4, § 4, subsec. A, 43 Stat. 701; Feb. 21, 1925, ch. 277, § 1, 43 Stat. 956.) REFERENCES IN TEXT The Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto, referred to in the text, are classified generally to this title. See Tables for distribution. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 417, 493, 500 of this title. § 372. Water right as appurtenant to land and extent of right. The right to the use of water acquired under the provisions of sections 372, 373, 383, 391, 392, 411, 416, 419, 421, 431, 432, 434, 439, 461, 491 and 498 of this title shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right. (June 17, 1902, ch. 1093, § 8, 32 Stat. 390.) CROSS REFERENCES Grand Teton National Park, withdrawn lands within exterior boundary, use for reclamation purposes under this section and sections 373, 383, 391, 392, 411, 416, 419, 421, 431, 432, 434, 439, 461, 491, and 498 of this title, see section 406d-5 of Title 16, Conservation. Reclamation law defined, see section 371 of this title. 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 164, 238, 373, 383, 390b, 391, 411, 416, 420, 421, 421c, 432, 491, 498 of this title; title 12 section 773; title 16 section 406d-5; title 30 section 125. § 373. General authority of the Secretary of the Interior. The Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying out the provisions of sections 372, 373, 383, 391, 392, 411, 416, 419, 421, 431, 432, 434, 439, 461, 491, and 498 of this title into full force and effect. (June 17, 1902, ch. 1093, § 10, 32 Stat. 390; Aug. 13, 1914, ch. 247, § 15, 38 Stat. 690.) 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. CROSS REFERENCES Delegation of powers and duties of Secretary of Interior under reclamation laws. see section 590z-11 of Title 16. Conservation. Grand Teton National Park, withdrawn lands within exterior boundary, use for reclamation purposes under this section and sections 372, 383, 391, 392, 411, 416, 419, 421, 431, 432, 434, 439, 461, 491 and 498 of this title, see section 406d-5 of Title 16, Conservation. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 164, 372, 383, 391, 411, 416, 420, 421, 432, 465, 475, 491, 498 of this title; title 12 section 773; title 16 section 406d-5; title 30 section 125. § 373a. Commissioner of Reclamation; appointment. Under the supervision and direction of the Secretary of the Interior, the reclamation of arid lands, under the Act of June 17, 1902 and Acts amendatory thereof and supplementary thereto, shall be administered by a Commissioner of Reclamation who shall be appointed by the President. (May 26, 1926, ch. 401, 44 Stat. 657. REFERENCES IN TEXT Act of June 17, 1902, and acts amendatory thereof or supplementary thereto, referred to in the text, are classified generally to this title. See Tables for distribution. CODIFICATION Provisions of this section which prescribed the basic compensation of the Commissioner were omitted to conform to the provisions of the Federal Executive Salary Schedule. See section 5316 of Title 5, Government Organization and Employees. REPEALS Act Oct. 15, 1949, ch. 695, § 6(a), 63 Stat. 881, formerly set out in the credit to this section, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 655. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out as in the Appendix to Title 5, Government Organization and Employees. COMPENSATION OF COMMISSIONER Compensation of Commissioner, see section 5316 of Title 5, Government Organization and Employees. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 833a. § 374. Sale of lands acquired in connection with irrigation project. Whenever in the opinion of the Secretary of the Interior any lands which have been acquired under the provisions of the Act of June 17, 1902 (32 Stat. 388), commonly called the "Reclamation Act" or under the provisions of any act amendatory thereof or supplementary thereto, for any irrigation works contemplated by the reclamation law, are not needed for the purposes for which they were acquired, said Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons, to be appointed by him, and thereafter to sell the same for not less than the appraised value at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land. Upon payment of the purchase price, the Secretary of the Interior is authorized by appropriate deed to convey all the right, title, and interest of the United States of, in, and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person. The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been acquired. (Feb. 2, 1911, ch. 32, §§ 1-3, 36 Stat. 895.) REFERENCES IN TEXT The act of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, referred to in the text, are classified generally to this title. See Tables for distribution. CROSS REFERENCES Sale of lands appraised at not exceeding $300, see section 375a of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 375a of this title. § 375. Sale of land improved at expense of reclamation fund. Whenever in the opinion of the Secretary of the Interior any public lands which have been withdrawn for or in connection with construction or operation of reclamation projects under the provisions of the Act of June 17, 1902, known as the Reclamation Act, and acts amendatory thereof and supplementary thereto, which are not otherwise reserved and which have been improved by and at the expense of the reclamation fund for administration or other like purposes, are no longer needed for the purposes for which they were withdrawn and improved, the Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons to be appointed by him, and thereafter sell the same, for not less than the appraised value, at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land; not less than one-fifth the purchase price shall be paid at the time of sale, and the remainder in not more than four annual payments with interest at 6 per centum per annum, payable annually, on deferred payments. Upon payment of the purchase price the Secretary of the Interior is authorized, by appropriate patent, to convey all the right, title, and interest of the United States in and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person, and if said lands are irrigable under the project in which located they shall be sold subject to compliance by the purchaser with all the terms, conditions, and limitations of the reclamation law applicable to lands of that character: Provided, That the accepted bidder must, prior to issuance of patent, furnish satisfactory evidence that he or she is a citizen of the United States. The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been withdrawn. (May 20, 1920, ch. 192, §§ 1-3, 41 Stat. 605, 606.) REFERENCES IN TEXT The Act of June 17, 1902, 32 Stat. 288, and acts amendatory thereof and supplementary thereto, referred to in the text, are classified generally to this title. See Tables for distribution. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 375a of this title. § 375a. Sale under sections 374 and 375 of lands appraised at not exceeding $300. The Secretary in his discretion, in any instances where property to be sold under section 374 or 375 of this title, is appraised at not to exceed $300, may sell said property at public or private sale without complying with the provisions of said sections as to notice, publication, and mode of sale. (Aug. 4, 1939, ch. 418, § 11, 53 Stat. 1197.) CODIFICATION Section was part of "Reclamation Project Act of 1939". See sections 387-389 and 485 et seq. of this title. SECTION Referred to IN OTHER SECTIONS This section is referred to in sections 485, 485a, 485b, 485d, 485e, 485f, 485g, 4851, 485), 485k of this title. § 375b. Disposal of tracts too small to be classed farm units. In accordance with the provisions of sections 375b to 375f of this title and notwithstanding the provisions of any other law, the Secretary of the Interior, hereinafter styled the Secretary, is authorized, in connection with any Federal irrigation project for which water is available, and after finding that such action will be in furtherance of the irrigation project and the Act of June 17, 1902 (32 Stat. 388) and Acts amendatory thereof or supplemental thereto, hereinafter styled the Reclamation Act, to dispose of any tract of withdrawn public land which, in the opinion of the Secretary, has less than sufficient acreage reasonably required for the support of a family and is too small to be opened to homestead entry and classed as a farm unit under the Reclamation Act. (Mar. 31, 1950, ch. 78, § 1, 64 Stat. 39.) REFERENCES IN TEXT Act of June 17, 1902 (32 Stat. 388) and acts amendatory thereof or supplementary thereto, referred to in the text, are classified generally to this title. See Tables for distribution. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 375c, 375f of this title. § 375c. Same; sales to resident farm owners and entrymen; price; terms; acreage purchasable. The Secretary is authorized to sell such land to resident farm owners or resident entrymen, on the project upon which such land is located, at prices not less than that fixed by independent appraisal approved by the Secretary, and upon such terms and at private sale or at public auction as he may prescribe: Provided, That such resident farm landowner or resident entryman shall be permitted to purchase under sections 375b to 375f of this title not more than one hundred and sixty acres of such land, or an area which, together with land already owned or entered on such project shall not exceed one hundred and sixty irrigable acres. (Mar. 31, 1950, ch. 78, § 2, 64 Stat. 39.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 375b, 375f of this title. § 375d. Same; issuance of patent; reservations. After the purchaser has paid to the United States all the amount on the purchase price of such land, a patent shall be issued. Such patents shall contain a reservation of a lien for water charges when deemed appropriate by the Secretary, and reservations of coal or other mineral rights to the same extent as patents issued under the homestead laws and also other reservations, limitations, or conditions as now provided by law. (Mar. 31, 1950, ch. 78, § 3, 64 Stat. 40.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 375b, 375c, 3751 of this title. § 375e. Same; moneys covered into reclamation fund; credit. The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project on which such lands are located. (Mar. 31, 1950, ch. 78, § 4, 64 Stat. 40.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 375b, 375c, 375f of this title. § 375f. Same; rules and regulations. The Secretary of the Interior is authorized to perform any and all acts and to make rules and regulations necessary and proper for carrying out the purposes of sections 375b to 375f of this title. (Mar. 31, 1950, ch. 78, § 5, 64 Stat. 40.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 375b, 375c of this title. § 376. Return of land donations not needed. Where real property or any interest therein heretofore has been, or hereafter shall be, donated and conveyed to the United States for use in connection with a project, and the Secretary decides not to utilize the donation, he is authorized without charge to reconvey such property or any part thereof to the donating grantor, or to the heirs, successors, or assigns of such grantor. (Dec. 5, 1924, ch. 4, § 4. subsec. Q, 43 Stat. 704.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 371, 417, 493, 500 of this title. § 377. General expenses of Bureau of Reclamation chargeable to general reclamation fund. The cost and expense after June 30, 1945, of the office of the Commissioner in the District of Columbia, and, except for such cost and expense as are incurred on behalf of specific projects, of general investigations and of nonproject offices outside the District of Columbia, shall be charged to the reclamation fund and shall not be charged as a part of the reimbursable construction or operation and maintenance costs. (Dec. 5, 1924, ch. 4, § 4, subsec. O, 43 Stat. 704; Apr. 19, 1945, ch. 80, 59 Stat. 54.) AMENDMENTS 1945-Act Apr. 19, 1945, amended section generally and made it applicable after June 30, 1945. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those offcers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 371, 417, 493, 500 of this title. § 377a. Limitation on use of funds where organizations or individuals are in arrears on contract charges. No funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from advances by water users, shall be used for the particular benefit of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users' organization, or (c) of any individual, when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation. (Pub. L. 91-439, title III, § 300, Oct. 7, 1970, 84 Stat. 899.) SIMILAR PROVISIONS The text of this section was taken from the Interior Department Appropriation Act, 1971. Similar provisions were contained in the following prior appropriation acts: 1969-Dec. 11, 1969, Pub. L. 91-144, title III, § 300, 83 Stat. 332 1968 Aug. 12, 1968, Pub. L. 90-479, title II, § 200, 82 Stat. 711 1967-Nov. 20, 1967, Pub. L. 90-147, title II, § 200, 81 Stat. 478 1966 Oct. 15, 1966, Pub. L. 89-689, title II, § 201, 80 Stat. 1009 1965 Oct. 28, 1965, Pub. L. 89-299, title II, § 200, 79 Stat. 1104 1964 Aug. 30, 1964, Pub. L. 88-511, title II, § 200, 78 Stat. 689 1963-Dec. 31, 1963, Pub. L. 88-257, title II, § 200, 77 Stat. 850. 1962-Oct. 24, 1962, Pub. L. 87-880, title II, § 200, 76 Stat. 1222. 1961-Sept. 30, 1961, Pub. L. 87-330, title II, § 200, 75 Stat. 727. 1960-Sept. 2, 1960, Pub. L. 86-700, title II, § 200, 74 Stat. 748. 1959 Sept. 10, 1959, Pub. L. 86-254, title II, § 200, 73 Stat. 497. 1958 Sept. 2, 1958, Pub. L. 85-863, title II, § 200, 72 Stat. 1577. 1957-Aug. 26, 1957, Pub. L. 85-167, title II, § 200, 71 Stat. 421. 1956 July 2, 1956, ch. 490, title II, § 200, 70 Stat. 478. 1955-July 15, 1955, ch. 370, title II, § 200, 69 Stat. 359. 1954-July 1, 1954, ch. 446, title I, § 101, 68 Stat. 368. 1953-July 31, 1953, ch. 298, title I, § 1, 67 Stat. 268. 1952-July 9, 1952, ch. 597, title I, § 101, 66 Stat. 453. 1951-Aug. 31, 1951, ch. 375, title I, § 101, 65 Stat. 258. 1950 Sept. 6, 1950, ch. 896, ch. VII, title I, § 101, 64 Stat. 688. § 379. Purchase of scientific books, law books, etc. The Secretary of the Interior may authorize the purchase of such law books, books of reference, peare needed in carrying out the surveys and examinations authorized by the reclamation law. (May 27, 1908, ch. 200, § 1, 35 Stat. 350.) § 380. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029. Section, act July 1, 1918, ch. 113, § 1, 40 Stat. 675, authorized purchases and the procurement of services without advertising and formal contract. See sections 5 and 252 of Title 41, Public Contracts. §§ 380a, 380b. Omitted. 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 compliance with former section 16 of Title 41, Public Contracts. Section 380b, act July 9, 1952, ch. 597, title 1, § 101, 66 Stat. 453, which authorized the transfer of surplus aircraft parts and equipment to the Bureau of Reclamation was from the Interior Department Appropriation Act, 1953, and was not repeated in subsequent appropriation acts. SIMILIAR PROVISIONS Similar provisions to those contained in section 380b of this title were in act Aug. 31, 1951, ch. 375, title I. § 101, 65 Stat. 257. § 381. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 639. Section, acts June 17, 1903, 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, § 1, 35 Stat. 350, related to the assignment of pay by employees of the Bureau of Reclamation. See section 5525 of Title 5, Government Organization and Employees. § 383. Vested rights and State laws unaffected by certain sections. Nothing in sections 372, 373, 383, 391, 392, 411, 416, 419, 421, 431, 432, 434, 439, 461, 491 and 498 of this title shall be construed as affecting 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 Secretary of the Interior, in carrying out the provisions of such sections, shall proceed in conformity with such laws, and nothing in such sections shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof. (June 17, 1902, ch. 1093, § 8, 32 Stat. 390.) 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. CROSS REFERENCES Grand Teton National Park, withdrawn lands within exterior boundary, use for reclamation purposes under this section and sections 372, 373, 391, 392, 411, 416, 419, 421, 431, 432, 434, 439, 461, 491, 498, of this title, see section 406d-5 of Title 16, Conservation. |