Notes on 43 U.S.C. § 371 : US Code - Notes

Search Notes on 43 U.S.C. § 371 : US Code - Notes

(Dec. 5, 1924, ch. 4, Sec. 4, subsec. A, 43 Stat. 701.)
REFERENCES IN TEXT
Act June 17, 1902, referred to in par. (b), is popularly known as
the Reclamation Act or National Irrigation Act of 1902, which is
classified generally to this chapter. For complete classification
of this Act to the Code, see Short Title note below and Tables.
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102-575, Sec. 1, Oct. 30, 1992, 106 Stat. 4600, provided
that: "This Act [enacting sections 390h to 390h-15 of this title
and sections 460l-31 to 460l-34, 470h-4, 470h-5, and 470x to 470x-6
of Title 16, Conservation, amending sections 390g-2, 390g-3, 390g-
5, 1521, and 1524 of this title, sections 460l-13 to 460l-15, 460l-
18, 466, 470-1, 470a, 470b, 470c, 470h, 470h-2, 470h-3, 470i,
470s, 470t, 470w, and 470w-3 of Title 16, and section 390 of Title
25, Indians, enacting provisions set out as notes under this
section and sections 390h, 620k, 1521, and 1524 of this title,
sections 460l-31, 470, and 470a of Title 16, and section 390 of
Title 25, and amending provisions set out as a note under section
461 of Title 16] may be cited as the 'Reclamation Projects
Authorization and Adjustment Act of 1992'."
SHORT TITLE OF 1984 AMENDMENTS
For short title of Pub. L. 98-434 as the "High Plains States
Groundwater Demonstration Program Act of 1983", see section 1 of
Pub. L. 98-434, set out as a Short Title note under section 390g of
this title.
For short title of Pub. L. 98-404 as "The Reclamation Safety of
Dams Act Amendments of 1984", see section 1 of Pub. L. 98-404, set
out as a note under section 506 of this title.
SHORT TITLE OF 1978 AMENDMENT
For short title of Pub. L. 95-578 as the "Reclamation Safety of
Dams Act of 1978", see section 1 of Pub. L. 95-578, set out as a
note under section 506 of this title.
SHORT TITLE OF 1958 AMENDMENT
For short title of title III of Pub. L. 85-500, which enacted
section 390b of this title, as the "Water Supply Act of 1958", see
section 302 of Pub. L. 85-500, set out as a Short Title note under
section 390b of this title.
SHORT TITLE
Act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which
enacted sections 372, 373, 381, 383, 391, 392, 411, 416, 419, 421,
431, 432, 434, 439, 461, 476, 491, and 498 of this title, is
popularly known as the "Reclamation Act" or "National Irrigation
Act of 1902".
Act Dec. 5, 1924, ch. 4, Sec. 4, 43 Stat. 701, as amended, which
enacted this section and sections 376, 377, 412, 417, 433, 438,
462, 463, 466, 467, 473, 474, 478, 493, 494, 500, 501, and 526 of
this title, is popularly known as the "Fact Finders' Act".
WESTERN WATER POLICY REVIEW
Pub. L. 104-46, title V, Sec. 502, Nov. 13, 1995, 109 Stat. 419,
provided that: "Notwithstanding the provisions of any other law,
the report referred to in title 30 [XXX] of Public Law 102-575 [set
out below] shall be submitted within five years from the date of
enactment of that Act [Oct. 30, 1992]."
Pub. L. 102-575, title XXX, Oct. 30, 1992, 106 Stat. 4693, as
amended by Pub. L. 103-437, Sec. 16(a)(2), Nov. 2, 1994, 108 Stat.
4594, provided that:
"SEC. 3001. SHORT TITLE.
"This title may be cited as the 'Western Water Policy Review Act
of 1992'.
"SEC. 3002. CONGRESSIONAL FINDINGS.
"The Congress finds that -
"(1) the Nation needs an adequate water supply for all states
[States] at a reasonable cost;
"(2) the demands on the Nation's finite water supply are
increasing;
"(3) coordination on both the Federal level and the local level
is needed to achieve water policy objectives;
"(4) not less than fourteen agencies of the Federal Government
are currently charged with functions relating to the oversight of
water policy;
"(5) the diverse authority over Federal water policy has
resulted in unclear goals and an inefficient handling of the
Nation's water policy;
"(6) the conflict between competing goals and objectives by
Federal, State, and local agencies as well as by private water
users is particularly acute in the nineteen Western States which
have arid climates which include the seventeen reclamation
States, Hawaii, and Alaska;
"(7) the appropriations doctrine of water allocation which
characterizes most western water management regimes varies from
State to State, and results in many instances in increased
competition for limited resources;
"(8) the Federal Government has recognized and continues to
recognize the primary jurisdiction of the several States over the
allocation, priority, and use of water resources of the States,
except to the extent such jurisdiction has been preempted in
whole or in part by the Federal Government, including, but not
limited to, express or implied Federal reserved water rights
either for itself or for the benefit of Indian Tribes, and that
the Federal Government will, in exercising its authorities,
comply with applicable State laws;
"(9) the Federal Government recognizes its trust
responsibilities to protect Indian water rights and assist Tribes
in the wise use of those resources;
"(10) Federal agencies, such as the Bureau of Reclamation, have
had, and will continue to have major responsibilities in
assisting States in the wise management and allocation of scarce
water resources; and
"(11) the Secretary of the Interior, given his responsibilities
for management of public land, trust responsibilities for
Indians, administration of the reclamation program,
investigations and reviews into ground water resources through
the Geologic Survey [now United States Geological Survey], and
the Secretary of the Army, given his responsibilities for flood
control, water supply, hydroelectric power, recreation, and fish
and wildlife enhancement, have the resources to assist in a
comprehensive review, in consultation with appropriate officials
from the nineteen Western States, into the problems and potential
solutions facing the nineteen Western States and the Federal
Government in the increasing competition for the scarce water
resources of the Western States.
"SEC. 3003. PRESIDENTIAL REVIEW.
"(a) The President is directed to undertake a comprehensive
review of Federal activities in the nineteen Western States which
directly or indirectly affect the allocation and use of water
resources, whether surface or subsurface, and to submit a report on
the President's findings, together with recommendations, if any, to
the Committees on Energy and Natural Resources, Environment and
Public Works and Appropriations of the Senate and the Committees on
Natural Resources [now Resources], Public Works and Transportation
[now Transportation and Infrastructure], Merchant Marine and
Fisheries and Appropriations of the House of Representatives.
"(b) Such report shall be submitted within three years from the
date of enactment of this Act [Oct. 30, 1992].
"(c) In conducting the review and preparing the report, the
President is directed to consult with the Advisory Commission
established under section 3004 of this title, and may request the
Secretary of the Interior and the Secretary of the Army or other
Federal officials or the Commission to undertake such studies or
other analyses as the President determines would assist in the
review.
"(d) The President shall consult periodically with the
Commission, and upon the request of the President, the heads of
other Federal agencies are directed to cooperate with and assist
the Commission in its activities.
"SEC. 3004. THE ADVISORY COMMISSION.
"(a) The President shall appoint an Advisory Commission
(hereafter in this title referred to as the 'Commission') to assist
in the preparation and review of the report required under this
title.
"(b) The Commission shall be composed of eighteen members as
follows:
"(1) Ten members appointed by the President including:
"(A) the Secretary of the Interior or his designee;
"(B) the Secretary of the Army or his designee;
"(C) at least one representative chosen from a list submitted
by the Western Governors Association; and
"(D) at least one representative chosen from a list submitted
by Tribal governments located in the Western States.
"(2) In addition to the ten members appointed by the President,
twelve Members from the United States Congress shall serve as ex
officio members of the Commission. For the United States Senate:
the Chairmen and the Ranking Minority Members of the Committees
on Energy and Natural Resources, and Appropriations, and the
Subcommittee of the Committee on Energy and Natural Resources
which has jurisdiction over the Bureau of Reclamation. For the
United States House of Representatives: the Chairman [Chairmen]
and Ranking Minority Members of the Committees on Natural
Resources [now Resources], Public Works and Transportation [now
Transportation and Infrastructure], and Appropriations.
"(c) The President shall appoint one member of the Commission to
serve as Chairman.
"(d) Any vacancy which may occur on the Commission shall be
filled in the same manner in which the original appointment was
made.
"(e) Members of the Commission shall serve without compensation
but shall be reimbursed for travel, subsistence, and other
necessary expenses incurred by them in the performance of their
duties.
"SEC. 3005. DUTIES OF THE COMMISSION.
"The Commission shall -
"(1) review present and anticipated water resource problems
affecting the nineteen Western States, making such projections of
water supply requirements as may be necessary and identifying
alternative ways of meeting these requirements - giving
considerations, among other things, to conservation and more
efficient use of existing supplies, innovations to encourage the
most beneficial use of water and recent technological advances;
"(2) examine the current and proposed Federal programs
affecting such States and recommend to the President whether they
should be continued or adopted and, if so, how they should be
managed for the next twenty years, including the possible
reorganization or consolidation of the current water resources
development and management agencies;
"(3) review the problems of rural communities relating to water
supply, potable water treatment, and wastewater treatment;
"(4) review the need and opportunities for additional storage
or other arrangements to augment existing water supplies
including, but not limited to, conservation;
"(5) review the history, use, and effectiveness of various
institutional arrangements to address problems of water
allocation, water quality, planning, flood control and other
aspects of water development and use, including, but not limited
to, interstate water compacts, Federal-State regional
corporations, river basin commissions, the activities of the
Water Resources Council, municipal and irrigation districts and
other similar entities with specific attention to the authorities
of the Bureau of Reclamation under reclamation law and the
Secretary of the Army under water resources law;
"(6) review the legal regime governing the development and use
of water and the respective roles of both the Federal Government
and the States over the allocation and use of water, including an
examination of riparian zones, appropriation and mixed systems,
market transfers, administrative allocations, ground water
management, interbasin transfers, recordation of rights, Federal-
State relations including the various doctrines of Federal
reserved water rights (including Indian water rights and the
development in several States of the concept of a public trust
doctrine); and
"(7) review the activities, authorities, and responsibilities
of the various Federal agencies with direct water resources
management responsibility, including but not limited to the
Bureau of Reclamation, the Department of the Army, and those
agencies whose decisions would impact on water resource
availability and allocation, including, but not limited to, the
Federal Energy Regulatory Commission.
"SEC. 3006. REPRESENTATIVES.
"(a) The Chairman of the Commission shall invite the Governor of
each Western State to designate a representative to work closely
with the Commission and its staff in matters pertaining to this
title.
"(b) The Commission, at its discretion, may invite appropriate
public or private interest groups including, but not limited to,
Indian and Tribal organizations to designate a representative to
work closely with the Commission and its staff in matters
pertaining to this title.
"SEC. 3007. POWERS OF THE COMMISSION.
"(a) The Commission may -
"(1) hold such hearings, sit and act at such times and places,
take such testimony, and receive such evidence as it may deem
advisable;
"(2) use the United States mail in the same manner and upon the
same conditions as other departments and agencies of the United
States;
"(3) enter into contracts or agreements for studies and surveys
with public and private organizations and transfer funds to
Federal agencies to carry out such aspects of the Commission's
functions as the Commission determines can best be carried out in
that manner; and
"(4) incur such necessary expenses and exercise such other
powers as are consistent with and reasonably required to perform
its functions under this title.
"(b) Any member of the Commission is authorized to administer
oaths when it is determined by a majority of the Commission that
testimony shall be taken or evidence received under oath.
"(c) The Commission shall have a Director who shall be appointed
by the Commission and who shall be paid at a rate not to exceed the
maximum rate of basic pay payable for level II of the Executive
Schedule.
"(1) With the approval of the Commission, the Director may
appoint and fix the pay of such personnel as the Director
considers appropriate but only to the extent that such personnel
cannot be obtained from the Secretary of the Interior or by
detail from other Federal agencies. Such personnel may be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such Title relating to
classification and General Schedule pay rates.
"(2) With the approval of the Commission, the Director may
procure temporary and intermittent services under section 3109(b)
of title 5 of the United States Code, but at rates for
individuals not to exceed the daily equivalent of the maximum
annual rate of basic pay payable for GS-18 of the General
Schedule.
"(d) The Secretary of the Interior and the Secretary of the Army
shall provide such office space, furnishings and equipment as may
be required to enable the Commission to perform its functions. The
Secretary shall also furnish the Commission with such staff,
including clerical support, as the Commission may require.
"SEC. 3008. POWERS AND DUTIES OF THE CHAIRMAN.
"(a) Subject to general policies adopted by the Commission, the
Chairman shall be the chief executive of the Commission and shall
exercise its executive and administrative powers as set forth in
paragraphs (2) through (4) of section 3007(a).
"(b) The Chairman may make such provisions as he shall deem
appropriate authorizing the performance of any of his executive and
administrative functions by the Director or other personnel of the
Commission.
"SEC. 3009. OTHER FEDERAL AGENCIES.
"(a) The Commission shall, to the extent practicable, utilize the
services of the Federal water resource agencies.
"(b) Upon request of the Commission, the President may direct the
head of any other Federal department or agency to assist the
Commission and such head of any Federal department or agency is
authorized -
"(1) to furnish to the Commission, to the extent permitted by
law and within the limits of available funds, including funds
transferred for that purpose pursuant to section 3007(a)(7) of
this title, such information as may be necessary for carrying out
its functions and as may be available to or procurable by such
department or agency, and
"(2) to detail to temporary duty with the Commission on a
reimbursable basis such personnel within his administrative
jurisdiction as it may need or believe to be useful for carrying
out its functions, each such detail to be without loss of
seniority, pay, or other employee status.
"(c) Financial and administrative services (including those
related to budgeting, accounting, financial reporting, personnel,
and procurement) shall be provided the Commission by the Secretary
of the Interior.
"SEC. 3010. APPROPRIATIONS.
"There are hereby authorized to be appropriated not to exceed
$10,000,000 to carry out the purposes of sections 3001 through 3009
of this title."
[References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.]
[Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For
treatment of references to Committee on Merchant Marine and
Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.]