§ 371. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC371]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 371. Definitions
When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 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, 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.]
Act Referred to in Other Sections
The Reclamation Act is referred to in sections 373a, 374, 375, 375b,
384, 390, 390h, 390aa, 391a, 393, 413, 420, 422, 422b, 423h, 425, 434,
441, 442, 446, 447, 448, 451i, 455 to 455b, 472, 485a, 485h-5, 499a,
504, 505, 506, 508, 511, 522 to 525, 541, 544, 545, 547, 561, 564, 593a,
593b, 595, 597, 600b, 617k, 620c, 626, 628, 1303, 1511, 1554, 1573,
1592, 2201, 2212, 2222, 2223 of this title; title 7 section 1860; title
16 sections 406d-5, 460l-18 to 460l-20, 460l-32, 460l-33, 590z-8, 590z-
11; title 25 section 382; title 30 sections 83, 84, 125, 191; title 50
App. section 568.
Section Referred to in Other Sections
This section is referred to in sections 390aa, 417, 493, 500 of this
title.
