US (United States) Code. Title 43. Chapter 40: Reclamation States emergency drought relief

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

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-CITE-

43 USC CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT

RELIEF 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

-HEAD-

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

-MISC1-

Sec.

2201. Definitions.

SUBCHAPTER I - DROUGHT PROGRAM

2211. Assistance during drought; water purchases.

(a) Construction, management, and conservation.

(b) Assistance to willing buyers and sellers.

(c) Water purchases by Bureau.

(d) Water banks.

2212. Availability of water on temporary basis.

(a) General authority.

(b) Special provisions applicable to temporary

water supplies provided under this section.

(c) Contract price.

(d) Fish and wildlife.

(e) Nonproject water.

(f) Reclamation Fund.

2213. Loans.

2214. Applicable period of drought program.

(a) In general.

(b) Coordination with BPA.

(c) Termination of authority.

2215. Assistance for drought-related planning in reclamation

States.

(a) In general.

(b) Report.

SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

2221. Identification of opportunities for water supply

conservation, augmentation and use.

2222. Drought contingency plans.

2223. Plan elements.

(a) Plan provisions.

(b) Federal Reclamation projects.

(c) Drought levels.

(d) Compliance with law.

(e) Review.

2224. Recommendations.

(a) Approval.

(b) Pacific Northwest region.

2225. Reclamation Drought Response Fund.

2226. Technical assistance and transfer of precipitation

management technology.

(a) Technical assistance.

(b) Technology Transfer Program.

SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

2241. Authorization of appropriations.

2242. Authority of Secretary.

2243. Temperature control at Shasta Dam, Central Valley

Project.

2244. Effect of chapter on other laws.

(a) Conformity with State and Federal law.

(b) Effect on jurisdiction, authority, and water

rights.

2245. Excess storage and carrying capacity.

2246. Report.

2247. Federal Reclamation laws.

-End-

-CITE-

43 USC Sec. 2201 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

-HEAD-

Sec. 2201. Definitions

-STATUTE-

As used in this chapter:

(1) The term "Secretary" means the Secretary of the Interior.

(2) The term "Federal Reclamation laws" means the Act of June

17, 1902 (32 Stat. 388) and Acts supplementary thereto and

amendatory thereof.

(3) The term "Federal Reclamation project" means any project

constructed or funded under Federal Reclamation law. Such term

includes projects having approved loans under the Small

Reclamation Projects Act of 1956 (70 Stat. 1044) [43 U.S.C. 422a

et seq.].

-SOURCE-

(Pub. L. 102-250, Sec. 2, Mar. 5, 1992, 106 Stat. 53.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902 (32 Stat. 388) and Acts supplementary

thereto and amendatory thereof, referred to in par. (2), is act

June 17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known

as the Reclamation Act, which is classified generally to chapter 12

(Sec. 371 et seq.) of this title. 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 of 1956, referred to in par.

(3), is act Aug. 6, 1956, ch. 972, 70 Stat. 1044, as amended, which

is classified generally to subchapter IV (Sec. 422a et seq.) of

chapter 12 of this title. For complete classification of this Act

to the Code, see section 422k of this title and Tables.

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 102-250 provided that: "This Act [enacting

this chapter] may be cited as the 'Reclamation States Emergency

Drought Relief Act of 1991'."

-End-

-CITE-

43 USC SUBCHAPTER I - DROUGHT PROGRAM 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER I - DROUGHT PROGRAM

-HEAD-

SUBCHAPTER I - DROUGHT PROGRAM

-End-

-CITE-

43 USC Sec. 2211 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER I - DROUGHT PROGRAM

-HEAD-

Sec. 2211. Assistance during drought; water purchases

-STATUTE-

(a) Construction, management, and conservation

Consistent with existing contractual arrangements and applicable

State and applicable Federal law, and without further

authorization, the Secretary is authorized to undertake

construction, management, and conservation activities that will

minimize, or can be expected to have an effect in minimizing,

losses and damages resulting from drought conditions. Any

construction activities undertaken pursuant to the authority of

this subsection shall be limited to temporary facilities designed

to minimize losses and damages from drought conditions, except that

wells drilled to minimize losses and damages from drought

conditions may be permanent facilities.

(b) Assistance to willing buyers and sellers

In order to minimize losses and damages resulting from drought

conditions, the Secretary may provide nonfinancial assistance to

willing buyers in their purchase of available water supplies from

willing sellers.

(c) Water purchases by Bureau

In order to minimize losses and damages resulting from drought

conditions, the Secretary may purchase water from willing sellers,

including, but not limited to, water made available by Federal

Reclamation project contractors through conservation or other means

with respect to which the seller has reduced the consumption of

water. Except with respect to water stored, conveyed or delivered

to Federal and State wildlife habitat, the Secretary shall deliver

such water pursuant to temporary contracts under section 2212 of

this title: Provided, That any such contract shall require recovery

of any costs, including interest if applicable, incurred by the

Secretary in acquiring such water.

(d) Water banks

In order to respond to a drought, the Secretary is authorized to

participate in water banks established by a State.

-SOURCE-

(Pub. L. 102-250, title I, Sec. 101, Mar. 5, 1992, 106 Stat. 53.)

-REFTEXT-

REFERENCES IN TEXT

The Bureau, referred to in heading for subsec. (c), probably

means the Bureau of Reclamation.

-MISC1-

TERMINATION OF AUTHORITIES

For provisions directing that authorities established under this

subchapter shall terminate ten years after Mar. 5, 1992, see

section 2214(c) of this title.

DESERT TERMINAL LAKES

Pub. L. 107-206, title I, Sec. 103, Aug. 2, 2002, 116 Stat. 823,

provided that: "Not later than 14 days after the date of enactment

of this Act [Aug. 2, 2002], the Secretary of Agriculture shall

carry out the transfer of funds under section 2507(a) of the Food

Security and Rural Investment Act of 2002 (Public Law 107-171) [set

out below]."

Pub. L. 107-171, title II, Sec. 2507, May 13, 2002, 116 Stat.

275, provided that:

"(a) In General. - Subject to subsection (b), as soon as

practicable after the date of enactment of this Act [May 13, 2002],

the Secretary of Agriculture shall transfer $200,000,000 of the

funds of the Commodity Credit Corporation to the Bureau of

Reclamation Water and Related Resources Account, which funds shall

-

"(1) be used by the Secretary of the Interior, acting through

the Commissioner of Reclamation, to provide water to at-risk

natural desert terminal lakes; and

"(2) remain available until expended.

"(b) Limitation. - The funds described in subsection (a) shall

not be used to purchase or lease water rights."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2212 of this title.

-End-

-CITE-

43 USC Sec. 2212 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER I - DROUGHT PROGRAM

-HEAD-

Sec. 2212. Availability of water on temporary basis

-STATUTE-

(a) General authority

In order to mitigate losses and damages resulting from drought

conditions, the Secretary may make available, by temporary

contract, project and nonproject water, and may permit the use of

facilities at Federal Reclamation projects for the storage or

conveyance of project or nonproject water, for use both within and

outside an authorized project service area.

(b) Special provisions applicable to temporary water supplies

provided under this section

(1) Temporary supplies

Each temporary contract for the supply of water entered into

pursuant to this section shall terminate no later than two years

from the date of execution or upon a determination by the

Secretary that water supply conditions no longer warrant that

such contracts remain in effect, whichever occurs first. The

costs associated with any such contract shall be repaid within

the term of the contract.

(2) Ownership and acreage limitations

Lands not subject to Reclamation law that receive temporary

irrigation water supplies under temporary contracts under this

section shall not become subject to the ownership and acreage

limitations or pricing provisions of Federal Reclamation law

because of the delivery of such temporary water supplies. Lands

that are subject to the ownership and acreage limitations of

Federal Reclamation law shall not be exempted from those

limitations because of the delivery of such temporary water

supplies.

(3) Treatment under Reclamation Reform Act of 1982

No temporary contract entered into by the Secretary under this

section shall be treated as a "contract" as that term is used in

sections 203(a) and 220 of the Reclamation Reform Act of 1982

(Public Law 97-293) [43 U.S.C. 390cc(a), 390tt].

(4) Amendments of existing contracts

Any amendment to an existing contract to allow a contractor to

carry out the provisions of this subchapter shall not be

considered a new and supplemental benefit for purposes of the

Reclamation Reform Act of 1982 (Public Law 97-293) [43 U.S.C.

390aa et seq.].

(c) Contract price

The price for project water, other than water purchased pursuant

to section 2211(c) of this title, delivered under a temporary

contract entered into by the Secretary under this section shall be

at least sufficient to recover all Federal operation and

maintenance costs and administrative costs, and an appropriate

share of capital costs, including interest on such capital costs

allocated to municipal and industrial water, except that, for

project water delivered to nonproject landholdings, the price shall

include full cost (as defined in section 202(3) of the Reclamation

Reform Act of 1982 (Public Law 97-293; 96 Stat. 1263; 43 U.S.C.

390bb) [43 U.S.C. 390bb(3)]). For all contracts entered into by the

Secretary under the authority of this subchapter -

(1) the interest rate used for computing interest during

construction and interest on the unpaid balance of the capital

costs expended pursuant to this chapter shall be at a rate to be

determined by the Secretary of the Treasury based on average

market yields on outstanding marketable obligations of the United

States with remaining periods to maturity of one year occurring

during the last month of the fiscal year preceding the date of

execution of the temporary contract; or

(2) in the case of existing facilities the rate as authorized

for that Federal Reclamation project; or

(3) in the absence of such authorized rate, the interest rate

as determined by the Secretary of the Treasury as of the

beginning of the fiscal year in which construction was initiated

on the basis of the computed average interest rate payable by the

Treasury upon its outstanding marketable public obligations which

were neither due nor callable for redemption for fifteen years

from date of issue: Provided, That for all deliveries of water

for municipal and industrial purposes from existing facilities to

nonproject contractors, the rate shall be as set forth in

paragraph (1) of this subsection.

(d) Fish and wildlife

The Secretary may make water from Federal Reclamation projects

and nonproject water available on a nonreimbursable basis for the

purposes of protecting or restoring fish and wildlife resources,

including mitigation losses, that occur as a result of drought

conditions or the operation of a Federal Reclamation project during

drought conditions. The Secretary may store and convey project and

nonproject water for fish and wildlife purposes, and may provide

conveyance of any such water for both State and Federal wildlife

habitat and for habitat held in private ownership. The Secretary

may make available water for these purposes outside the authorized

project service area. Use of the Federal storage and conveyance

facilities for these purposes shall be on a nonreimbursable basis.

Water made available by the Secretary in 1991 from the Central

Valley Project, California, to the Grasslands Water District for

the purpose of fish and wildlife shall be nonreimbursable.

(e) Nonproject water

The Secretary is authorized to store and convey nonproject water

utilizing Federal Reclamation project facilities for use outside

and inside the authorized project service area for municipal and

industrial uses, fish and wildlife, and agricultural uses. Except

in the case of water supplied for fish and wildlife, which shall be

nonreimbursable, the Secretary shall charge the recipients of such

water for such use of Federal Reclamation project facilities at a

rate established pursuant to subsection (c) of this section.

(f) Reclamation Fund

The payment of capital costs attributable to the sale of project

or nonproject water or the use of Federal Reclamation project

facilities shall be covered into the Reclamation Fund and be placed

to the credit of the project from which such water or use of such

facilities is supplied.

-SOURCE-

(Pub. L. 102-250, title I, Sec. 102, Mar. 5, 1992, 106 Stat. 54.)

-REFTEXT-

REFERENCES IN TEXT

The Reclamation Reform Act of 1982, referred to in subsec.

(b)(4), is title II of Pub. L. 97-293, Oct. 12, 1982, 96 Stat.

1263, which enacted subchapter I-A (Sec. 390aa et seq.) of chapter

12 of this title, amended sections 373a, 422e, 425b, and 485h of

this title, and repealed section 383 of Title 25, Indians. For

complete classification of this Act to the Code, see Tables.

-MISC1-

TERMINATION OF AUTHORITIES

For provisions directing that authorities established under this

subchapter shall terminate ten years after Mar. 5, 1992, see

section 2214(c) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2211 of this title.

-End-

-CITE-

43 USC Sec. 2213 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER I - DROUGHT PROGRAM

-HEAD-

Sec. 2213. Loans

-STATUTE-

The Secretary of the Interior is authorized to make loans to

water users for the purposes of undertaking construction,

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,

including those suffered by fish and wildlife, resulting from

drought conditions. Such loans shall be made available under such

terms and conditions as the Secretary deems appropriate: Provided,

That the Secretary shall not approve any loan unless the applicant

can demonstrate an ability to repay such loan within the term of

the loan: Provided further, That for all loans approved by the

Secretary under the authority of this section, the interest rate

shall be the rate determined by the Secretary of the Treasury based

on average market yields on outstanding marketable obligations of

the United States with periods to maturity comparable to the

repayment period of the loan. The repayment period for loans issued

under this section shall not exceed fifteen years. The repayment

period for such loans shall begin when the loan is executed.

Sections 390cc(a) and 390tt of this title and sections 105 and 106

of Public Law 99-546 shall not apply to any contract to repay such

loan. The Secretary shall notify the Committee on Energy and

Natural Resources of the Senate and the Committee on Natural

Resources of the House of Representatives in writing of any loan

which the Secretary intends to approve not less than thirty days

prior to granting final approval.

-SOURCE-

(Pub. L. 102-250, title I, Sec. 103, Mar. 5, 1992, 106 Stat. 55;

Pub. L. 103-437, Sec. 16(a)(6), Nov. 2, 1994, 108 Stat. 4594.)

-REFTEXT-

REFERENCES IN TEXT

Sections 105 and 106 of Public Law 99-546, referred to in text,

are sections 105 and 106 of Pub. L. 99-546, title I, Oct. 27, 1986,

100 Stat. 3051, 3052, relating to the automatic adjustment of rates

for contracts for delivery of water from the Central Valley project

in California, and provisions of such contracts requiring repayment

by project water contractors of any deficits in payments of

operation and maintenance costs, respectively, and are not

classified to the Code.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Natural Resources" for

"Interior and Insular Affairs" before "of the House".

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

TERMINATION OF AUTHORITIES

For provisions directing that authorities established under this

subchapter shall terminate ten years after Mar. 5, 1992, see

section 2214(c) of this title.

-End-

-CITE-

43 USC Sec. 2214 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER I - DROUGHT PROGRAM

-HEAD-

Sec. 2214. Applicable period of drought program

-STATUTE-

(a) In general

The programs and authorities established under this subchapter

shall become operative in any Reclamation State and in the State of

Hawaii only after the Governor or Governors of the affected State

or States, or on a reservation, when the governing body of the

affected tribe has made a request for temporary drought assistance

and the Secretary has determined that such temporary assistance is

merited, or upon the approval of a drought contingency plan as

provided in subchapter II of this chapter.

(b) Coordination with BPA

If a Governor referred to in subsection (a) of this section is

the Governor of the State of Washington, Oregon, Idaho, or Montana,

the Governor shall coordinate with the Administrator of the

Bonneville Power Administration before making a request under

subsection (a) of this section.

(c) Termination of authority

The authorities established under this subchapter shall terminate

on September 30, 2005.

-SOURCE-

(Pub. L. 102-250, title I, Sec. 104, Mar. 5, 1992, 106 Stat. 56;

Pub. L. 106-566, title II, Sec. 201(a), Dec. 23, 2000, 114 Stat.

2820.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-566, Sec. 201(a)(1), inserted

"and in the State of Hawaii" after "Reclamation State".

Subsec. (c). Pub. L. 106-566, Sec. 201(a)(2), substituted "on

September 30, 2005" for "ten years after March 5, 1992".

-End-

-CITE-

43 USC Sec. 2215 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER I - DROUGHT PROGRAM

-HEAD-

Sec. 2215. Assistance for drought-related planning in reclamation

States

-STATUTE-

(a) In general

The Secretary may provide financial assistance in the form of

cooperative agreements in States that are eligible to receive

drought assistance under this subchapter to promote the development

of drought contingency plans under subchapter II of this chapter.

(b) Report

Not later than one year after December 23, 2000, the Secretary

shall submit to the Congress a report and recommendations on the

advisability of providing financial assistance for the development

of drought contingency plans in all entities that are eligible to

receive assistance under subchapter II of this chapter.

-SOURCE-

(Pub. L. 102-250, title I, Sec. 105, as added Pub. L. 106-566,

title II, Sec. 201(b), Dec. 23, 2000, 114 Stat. 2820.)

-End-

-CITE-

43 USC SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-HEAD-

SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2214, 2215 of this

title.

-End-

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43 USC Sec. 2221 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-HEAD-

Sec. 2221. Identification of opportunities for water supply

conservation, augmentation and use

-STATUTE-

The Secretary is authorized to conduct studies to identify

opportunities to conserve, augment, and make more efficient use of

water supplies available to Federal Reclamation projects and Indian

water resource developments in order to be prepared for and better

respond to drought conditions. The Secretary is authorized to

provide technical assistance to States and to local and tribal

government entities to assist in the development, construction, and

operation of water desalinization projects, including technical

assistance for purposes of assessing the technical and economic

feasibility of such projects.

-SOURCE-

(Pub. L. 102-250, title II, Sec. 201, Mar. 5, 1992, 106 Stat. 56.)

-End-

-CITE-

43 USC Sec. 2222 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-HEAD-

Sec. 2222. Drought contingency plans

-STATUTE-

The Secretary, acting pursuant to the Federal Reclamation laws,

utilizing the resources of the Department of the Interior, and in

consultation with other appropriate Federal and State officials,

Indian tribes, public, private, and local entities, is authorized

to prepare or participate in the preparation of cooperative drought

contingency plans (hereinafter in this subchapter referred to as

"contingency plans") for the prevention or mitigation of adverse

effects of drought conditions.

-SOURCE-

(Pub. L. 102-250, title II, Sec. 202, Mar. 5, 1992, 106 Stat. 56.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2223, 2224, 2225 of this

title.

-End-

-CITE-

43 USC Sec. 2223 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-HEAD-

Sec. 2223. Plan elements

-STATUTE-

(a) Plan provisions

Elements of the contingency plans prepared pursuant to section

2222 of this title may include, but are not limited to, any or all

of the following:

(1) Water banks.

(2) Appropriate water conservation actions.

(3) Water transfers to serve users inside or outside authorized

Federal Reclamation project service areas in order to mitigate

the effects of drought.

(4) Use of Federal Reclamation project facilities to store and

convey nonproject water for agricultural, municipal and

industrial, fish and wildlife, or other uses both inside and

outside an authorized Federal Reclamation project service area.

(5) Use of water from dead or inactive reservoir storage or

increased use of ground water resources for temporary water

supplies.

(6) Water supplies for fish and wildlife resources.

(7) Minor structural actions.

(b) Federal Reclamation projects

Each contingency plan shall identify the following two types of

plan elements related to Federal Reclamation projects:

(1) Those plan elements which pertain exclusively to the

responsibilities and obligations of the Secretary pursuant to

Federal Reclamation law and the responsibilities and obligations

of the Secretary for a specific Federal Reclamation project.

(2) Those plan elements that pertain to projects, purposes, or

activities not constructed, financed, or otherwise governed by

the Federal Reclamation law.

(c) Drought levels

The Secretary is authorized to work with other Federal and State

agencies to improve hydrologic data collection systems and water

supply forecasting techniques to provide more accurate and timely

warning of potential drought conditions and drought levels that

would trigger the implementation of contingency plans.

(d) Compliance with law

The contingency plans and plan elements shall comply with all

requirements of applicable Federal law, including the National

Environmental Policy Act of 1969 (42 U.S.C. 4321), section 2265(a)

of title 33, and the Fish and Wildlife Coordination Act [16 U.S.C.

661 et seq.], and shall be in accordance with applicable State law.

(e) Review

The contingency plans shall include provisions for periodic

review to assure the adequacy of the contingency plan to respond to

current conditions, and such plans may be modified accordingly.

-SOURCE-

(Pub. L. 102-250, title II, Sec. 203, Mar. 5, 1992, 106 Stat. 57.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (d), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

The Fish and Wildlife Coordination Act, referred to in subsec.

(d), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which

is classified generally to sections 661 to 666c of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 661 of Title 16 and

Tables.

-End-

-CITE-

43 USC Sec. 2224 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-HEAD-

Sec. 2224. Recommendations

-STATUTE-

(a) Approval

The Secretary shall submit each plan prepared pursuant to section

2222 of this title to the Congress, together with the Secretary's

recommendations, including recommendations for authorizing

legislation, if needed.

(b) Pacific Northwest region

A contingency plan under subsection (a) of this section for the

State of Washington, Oregon, Idaho, or Montana, may be approved by

the Secretary only at the request of the Governor of the affected

State in coordination with the other States in the region and the

Administrator of the Bonneville Power Administration.

-SOURCE-

(Pub. L. 102-250, title II, Sec. 204, Mar. 5, 1992, 106 Stat. 57.)

-End-

-CITE-

43 USC Sec. 2225 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-HEAD-

Sec. 2225. Reclamation Drought Response Fund

-STATUTE-

The Secretary shall undertake a study of the need, if any, to

establish a Reclamation Drought Response Fund to be available for

defraying those expenses which the Secretary determines necessary

to implement plans prepared under section 2222 of this title and to

make loans for nonstructural and minor structural activities for

the prevention or mitigation of the adverse effects of drought.

-SOURCE-

(Pub. L. 102-250, title II, Sec. 205, Mar. 5, 1992, 106 Stat. 58.)

-End-

-CITE-

43 USC Sec. 2226 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-HEAD-

Sec. 2226. Technical assistance and transfer of precipitation

management technology

-STATUTE-

(a) Technical assistance

The Secretary is authorized to provide technical assistance for

drought contingency planning in any of the States not identified in

section 391 of this title, and the District of Columbia, Puerto

Rico, the Republic of the Marshall Islands, the Federated States of

Micronesia, the Trust Territory of the Pacific Islands, and upon

termination of the Trusteeship, the Republic of Palau, the United

States Virgin Islands, American Samoa, Guam, and the Commonwealth

of the Northern Mariana Islands.

(b) Technology Transfer Program

The Secretary is authorized to conduct a Precipitation Management

Technology Transfer Program to help alleviate problems caused by

precipitation variability and droughts in the West, as part of a

balanced long-term water resources development and management

program. In consultation with State, tribal, and local water,

hydropower, water quality and instream flow interests, areas shall

be selected for conducting field studies cost-shared on a 50-50

basis to validate and quantify the potential for appropriate

precipitation management technology to augment stream flows.

Validated technologies shall be transferred to non-Federal

interests for operational implementation.

-SOURCE-

(Pub. L. 102-250, title II, Sec. 206, Mar. 5, 1992, 106 Stat. 58.)

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

43 USC SUBCHAPTER III - GENERAL AND MISCELLANEOUS

PROVISIONS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-End-

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43 USC Sec. 2241 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2241. Authorization of appropriations

-STATUTE-

Except as otherwise provided in section 2243 of this title

(relating to temperature control devices at Shasta Dam,

California), there is authorized to be appropriated not more than

$90,000,000 in total for fiscal years 1992, 1993, 1994, 1995, 1996,

1999, 2000, 2001, and 2002.

-SOURCE-

(Pub. L. 102-250, title III, Sec. 301, Mar. 5, 1992, 106 Stat. 58;

Pub. L. 104-206, title II, Sept. 30, 1996, 110 Stat. 2992; Pub. L.

106-60, title II, Sept. 29, 1999, 113 Stat. 488; Pub. L. 106-377,

Sec. 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.)

-MISC1-

AMENDMENTS

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".

-End-

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43 USC Sec. 2242 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2242. Authority of Secretary

-STATUTE-

The Secretary is authorized to perform any and all acts and to

promulgate such regulations as may be necessary and appropriate for

the purpose of implementing this chapter. In carrying out the

authorities under this chapter, the Secretary 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 Secretary's other

obligations.

-SOURCE-

(Pub. L. 102-250, title III, Sec. 302, Mar. 5, 1992, 106 Stat. 58.)

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43 USC Sec. 2243 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2243. Temperature control at Shasta Dam, Central Valley

Project

-STATUTE-

The Secretary is authorized to complete the design and

specifications for construction of a device to control the

temperature of water releases from Shasta Dam, Central Valley

Project, California, and to construct facilities needed to attach

such device to the dam. There is authorized to be appropriated to

carry out the authority of this section not more than $12,000,000.

-SOURCE-

(Pub. L. 102-250, title III, Sec. 303, Mar. 5, 1992, 106 Stat. 58.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2241 of this title.

-End-

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43 USC Sec. 2244 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2244. Effect of chapter on other laws

-STATUTE-

(a) Conformity with State and Federal law

All actions taken pursuant to this chapter pertaining 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 resources development, control, or water rights.

-SOURCE-

(Pub. L. 102-250, title III, Sec. 304, Mar. 5, 1992, 106 Stat. 59.)

-End-

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43 USC Sec. 2245 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2245. Excess storage and carrying capacity

-STATUTE-

The Secretary is authorized to enter into contracts with

municipalities, public water districts 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 nonproject water for domestic, municipal, fish and

wildlife, industrial, and other beneficial purposes 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.

-SOURCE-

(Pub. L. 102-250, title III, Sec. 305, Mar. 5, 1992, 106 Stat. 59.)

-REFTEXT-

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.

-End-

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43 USC Sec. 2246 01/06/03

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CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

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-HEAD-

Sec. 2246. Report

-STATUTE-

There shall be included as part of the President's annual budget

submittal to the Congress a detailed report on past and proposed

expenditures and accomplishments under this chapter.

-SOURCE-

(Pub. L. 102-250, title III, Sec. 306, Mar. 5, 1992, 106 Stat. 59.)

-End-

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43 USC Sec. 2247 01/06/03

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CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2247. Federal Reclamation laws

-STATUTE-

This chapter shall constitute a supplement to the Federal

Reclamation laws.

-SOURCE-

(Pub. L. 102-250, title III, Sec. 307, Mar. 5, 1992, 106 Stat. 59.)

-End-