Notes on 43 U.S.C. § 502 : US Code - Notes

Search Notes on 43 U.S.C. § 502 : US Code - Notes

(June 26, 1948, ch. 676, Sec. 1, 62 Stat. 1052; Pub. L. 97-275,
Oct. 1, 1982, 96 Stat. 1185.)
REFERENCES IN TEXT
Act of June 17, 1902, referred to in text, is popularly known as
the Reclamation Act, 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.
The Small Reclamation Projects Act, referred to in text, probably
means the Small Reclamation Projects Act of 1956, act Aug. 6, 1956,
ch. 972, 70 Stat. 1044, as amended, which is classified generally
to subchapter IV (Sec. 422a et seq.) of this chapter. For complete
classification of this Act to the Code, see section 422k of this
title and Tables.
The Distribution System Loans Act (Act of May 14, 1956, 69 Stat.
244, and Acts amendatory thereof or supplementary thereto),
referred to in text, probably means act July 4, 1955, ch. 271, 69
Stat. 244, as amended, which is classified generally to sections
421a to 421h of this title. Act May 14, 1956, ch. 268, 70 Stat.
155, amended section 421c of this title. For complete
classification of this Act to the Code, see Tables.
AMENDMENTS
1982 - Pub. L. 97-275 substituted "all projects and project
facilities governed by the Federal reclamation law (Act of June 17,
1902, 32 Stat. 388, and Acts amendatory thereof or supplementary
thereto), including any project and facilities constructed with
funds provided by the Small Reclamation Projects Act (Act of August
6, 1956, 70 Stat. 1044, and Acts amendatory thereof or
supplementary thereto) or with funds provided by the Distribution
System Loans Act (Act of May 14, 1956, 69 Stat. 244, and Acts
amendatory thereof or supplementary thereto)" for "irrigation or
power systems operated and maintained by the Bureau of Reclamation,
Department of the Interior".
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out under section 1451 of this title.
EMERGENCY DROUGHT AUTHORITY
Pub. L. 100-387, title IV, subtitle B, Aug. 11, 1988, 102 Stat.
957, provided that:
"PART 1 - RECLAMATION STATES DROUGHT ASSISTANCE
"SEC. 411. SHORT TITLE.
"This part may be cited as the 'Reclamation States Drought
Assistance Act of 1988'.
"SEC. 412. ASSISTANCE DURING DROUGHT.
"The Secretary of the Interior, acting under the authorities of
the Federal reclamation laws (the Act of June 17, 1902 (32 Stat.
388), and Acts supplementary thereto and amendatory thereof) [43
U.S.C. 371 et seq.] and other appropriate authorities of the
Secretary shall -
"(1)(A) perform studies to identify opportunities to augment,
make use of, or conserve water supplies available to Federal
reclamation projects and Indian water resource developments,
which studies shall be completed no later than March 1, 1990; and
"(B) consistent with existing contractual arrangements and
State law, and without further authorization, undertake
construction, management, and conservation activities that will
mitigate or can be expected to have an effect in mitigating
losses and damages resulting from drought conditions in 1987,
1988, or 1989, which construction shall be completed by December
31, 1989; and
"(2) assist willing buyers in their purchase of available water
supplies from willing sellers and redistribute such water based
upon priorities to be determined by the Secretary consistent with
State law, with the objective of minimizing losses and damages
resulting from drought conditions in 1987, 1988, and 1989.
"SEC. 413. AVAILABILITY OF WATER ON A TEMPORARY BASIS.
"(a) General Authority. - The Secretary of the Interior may make
available, by contract, consistent with existing contracts or
agreements and State law, water or canal capacity at existing
Federal reclamation projects to water users and others, on a
temporary basis to mitigate losses and damages resulting from
drought conditions in 1987, 1988, and 1989.
"(b) Contracts. - Any contract signed under this section shall
provide that -
"(1) the price for the use of such water shall be at least
sufficient to recover all Federal operation and maintenance
costs, and an appropriate share of capital costs, except that,
for water delivered to a landholding in excess of 960 acres of
class I lands or the equivalent thereof for a qualified recipient
and 320 acres of class I lands or the equivalent thereof for a
limited recipient, the cost of such water shall be full cost (as
defined in section 202(3)(A) of Public Law 97-293, 43 U.S.C.
390bb) for those acres in excess of 960 acres or 320 acres, as
appropriate;
"(2) the lands not now subject to reclamation law that receive
temporary irrigation water supplies under this section shall not
become subject to the ownership limitations of Federal
reclamation law because of the delivery of such temporary water
supplies;
"(3) the lands that are subject to the ownership limitations of
Federal reclamation law shall not be exempted from those
limitations because of the delivery of such temporary water
supplies; and
"(4) the contract shall terminate no later than December 31,
1989.
"(c) Fish and Wildlife. - The Secretary may make available water
for the purposes of protecting fish and wildlife resources,
including mitigating losses that occur as a result of drought
conditions.
"SEC. 414. EMERGENCY LOAN PROGRAM.
"The Secretary of the Interior may make loans to water users for
the purposes of undertaking management, conservation activities, or
the acquisition and transportation of water consistent with State
law, that can be expected to have an effect in mitigating losses
and damages resulting from drought conditions in 1987, 1988, and
1989. Such loans shall be made available under such terms and
conditions as the Secretary deems appropriate. Section 203(a) of
the Reclamation Reform Act of 1982 (Public Law 97-293; 43 U.S.C.
390cc) shall not apply to any contract to repay such loan.
"SEC. 415. INTERAGENCY COORDINATION.
"The program established by this part, to the extent practicable,
shall be coordinated with emergency and disaster relief operations
conducted by other Federal and State agencies under other
provisions of law. The Secretary of the Interior shall consult such
other Federal and State agencies as he deems necessary. Other
Federal agencies performing relief functions under other Federal
authorities shall provide the Secretary with information and
records that the Secretary deems necessary for the administration
of this part.
"SEC. 416. REPORT.
"Not later than March 1, 1990, the Secretary of the Interior
shall submit a report and recommendations to the President and
Congress on -
"(1) expenditures and accomplishments under this part;
"(2) legislative and administrative recommendations for
responding to droughts and drought related problems in the
Reclamation States; and
"(3) structural and non-structural measures to mitigate the
effects of droughts.
"SEC. 417. CARRYOVER STORAGE AND WATER, NEW MELONES UNIT, CENTRAL
VALLEY PROJECT, CALIFORNIA.
"The first undesignated paragraph under the heading 'San Joaquin
River Basin' in section 203 of the Flood Control Act of 1962
(Public Law 87-874, 76 Stat. 1191) is amended by inserting before
the last period the following: ': And provided further, That the
Secretary of the Interior is authorized to make available to the
Oakdale and South San Joaquin irrigation districts, at the current
contract rate, unallocated storage of such districts carried over
from the previous year'.
"SEC. 418. INITIATION AND DEADLINE OF EMERGENCY DROUGHT PROGRAM.
"(a) Limitation. - The programs and authorities established under
this part shall become operative in any Reclamation State only
after -
"(1) the Governor of that State has declared a drought
emergency; and
"(2) the affected area is declared eligible for Federal
disaster relief under applicable rules and regulations.
"(b) Termination. - The programs and authorities established
under this part shall terminate on December 31, 1989, unless
otherwise specifically stated.
"PART 2 - WATER PROJECT
"SEC. 421. CENTRAL VALLEY PROJECT WATER RELEASES.
"The Secretary of the Interior is authorized to install a
temperature control curtain as a demonstration project at Shasta
Dam, Central Valley project, California, at a cost not to exceed
$5,500,000. The purpose of the demonstration project is to
determine the effectiveness of the temperature control curtain in
controlling the temperature of water releases from Shasta Dam, so
as to protect and enhance anadromous fisheries in the Sacramento
River and San Francisco Bay/Sacramento-San Joaquin Delta and
Estuary[.]
"PART 3 - AUTHORIZATION AND SAVINGS CLAUSE
"SEC. 431. AUTHORIZATION OF APPROPRIATIONS.
"(a) There are authorized to be appropriated a total amount not
to exceed $25,000,000 for section 412(1)(B) and section 414 of this
subtitle.
"(b) Unless otherwise specified, there are authorized to be
appropriated such sums as may be necessary to carry out the
remaining provisions of this subtitle.
"SEC. 432. SAVINGS CLAUSE.
"Nothing in this subtitle shall be construed as limiting or
restricting the power and authority of the United States or -
"(1) as affecting in any way any law governing appropriation or
use of, or Federal right to, water on public lands;
"(2) as expanding or diminishing Federal or State jurisdiction,
responsibility, interests, or rights in water resources
development or control;
"(3) as displacing, superseding, limiting, or modifying any
interstate compact or the jurisdiction or responsibility of any
legally established joint or common agency of two or more States
or of two States and the Federal Government;
"(4) as superseding, modifying, or repealing, except as
specifically set forth in this subtitle, existing law applicable
to the various Federal agencies; or
"(5) as modifying the terms of any interstate compact."
USE OF WESTERN AREA POWER ADMINISTRATION CONTINUING FUND TO PAY FOR
PURCHASE POWER AND WHEELING EXPENSES TO MEET CONTRACTUAL
OBLIGATIONS DURING PERIODS OF BELOW-AVERAGE HYDROPOWER GENERATION
Pub. L. 101-101, title III, Sept. 29, 1989, 103 Stat. 661,
provided: "That, the continuing fund established in Public Law 98-
50 [July 14, 1983, 97 Stat. 247, 257] shall also be available on
an ongoing basis for paying for purchase power and wheeling
expenses when the Administrator determines that such expenditures
are necessary to meet contractual obligations for the sale and
delivery of power during periods of below-normal hydropower
generation. Payments from the continuing fund shall be limited to
the amount required to replace the generation deficiency, and only
for the project where the deficiency occurred. Replenishment of the
continuing fund shall occur within twelve months of the month in
which the funds were first expended."
EMERGENCY FUND
Provisions relating to appropriations for the emergency fund to
assure continuous operation of projects and project facilities
governed by Federal reclamation law were contained in the following
appropriation acts:
Pub. L. 103-316, title II, Aug. 26, 1994, 108 Stat. 1714.
Pub. L. 103-126, title II, Oct. 28, 1993, 107 Stat. 1324.
Pub. L. 102-377, title II, Oct. 2, 1992, 106 Stat. 1329.
Pub. L. 102-104, title II, Aug. 17, 1991, 105 Stat. 524.
Pub. L. 101-514, title II, Nov. 5, 1990, 104 Stat. 2085.
Pub. L. 101-101, title II, Sept. 29, 1989, 103 Stat. 654.
Pub. L. 100-371, title II, July 19, 1988, 102 Stat. 864.
Pub. L. 100-202, Sec. 101(d) [title II], Dec. 22, 1987, 101 Stat.
1329-104, 1329-116.
Pub. L. 99-500, Sec. 101(e) [title II], Oct. 18, 1986, 100 Stat.
1783-194, 1783-202, and Pub. L. 99-591, Sec. 101(e) [title II],
Oct. 30, 1986, 100 Stat. 3341-194, 3341-202.
Pub. L. 99-141, title II, title III, Nov. 1, 1985, 99 Stat. 569,
575.
Pub. L. 98-360, title II, title III, July 16, 1984, 98 Stat. 409,
416.
Pub. L. 98-50, title II, title III, July 14, 1983, 97 Stat. 252,
257.
Pub. L. 97-88, title III, Dec. 4, 1981, 95 Stat. 1145.
Pub. L. 96-367, title I, Oct. 1, 1980, 94 Stat. 1335.
Pub. L. 96-69, title I, Sept. 25, 1979, 93 Stat. 440.
Pub. L. 94-355, title III, July 12, 1976, 89 Stat. 895.
Pub. L. 93-393, title III, Aug. 28, 1974, 88 Stat. 787.
Pub. L. 93-97, title III, Aug. 16, 1973, 87 Stat. 321.
Pub. L. 92-134, title III, Oct. 5, 1971, 85 Stat. 370.
Pub. L. 91-144, title III, Dec. 11, 1969, 83 Stat. 331.
Pub. L. 89-689, title II, Oct. 15, 1966, 80 Stat. 1008.
Pub. L. 88-511, title II, Aug. 30, 1964, 78 Stat. 687.
Pub. L. 87-880, title II, Oct. 24, 1962, 76 Stat. 1221.
TEMPORARY AUTHORITY OF SECRETARY OF THE INTERIOR TO FACILITATE
EMERGENCY ACTIONS WITH REGARD TO 1976-1977 DROUGHT
Pub. L. 95-18, Apr. 7, 1977, 91 Stat. 36, as amended by Pub. L.
95-107, Aug. 17, 1977, 91 Stat. 870; Pub. L. 95-226, Feb. 7, 1978,
92 Stat. 10, directed Secretary of the Interior to undertake
construction, management and conservation activities designed to
mitigate losses and damages to Federal reclamation projects and
Indian irrigation projects resulting from 1976-1977 drought, to
assist willing buyers in purchasing available water supplies from
willing sellers, and to undertake studies of potential facilities
to mitigate effects of a recurrence of drought and make
recommendations to President and Congress evaluating potential
undertakings, authorized Secretary to defer, without penalty, the
1977 installment payments on charges owed the United States and to
make loans to irrigators for construction, management, conservation
activities, or acquisition and transportation of water,
appropriated $100,000,000 to carry out provisions of this Act and
specified the availability of such funds for expenditures, directed
Secretary, not later than May 1, 1978, to provide President and
Congress a complete report on expenditures and accomplishments, and
provided that authorities conferred by this Act terminate on Nov.
30, 1977.