§ 391. — Establishment of "reclamation fund".
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC391]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER II--RECLAMATION FUND GENERALLY
Sec. 391. Establishment of ``reclamation fund''
All moneys received from the sale and disposal of public lands in
Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada,
New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah,
Washington, and Wyoming, beginning with the fiscal year ending June 30,
1901, including the surplus of fees and commissions in excess of
allowances to officers designated by the Secretary of the Interior, and
excepting the 5 per centum of the proceeds of the sales of public lands
in the above States set aside by law for educational and other purposes,
shall be, and the same are, reserved, set aside, and appropriated as a
special fund in the Treasury to be known as the ``reclamation fund'', to
be used in the examination and survey for and the construction and
maintenance of irrigation works for the storage, diversion, and
development of waters for the reclamation of arid and semiarid lands in
the said States and Territories, and for the payment of all other
expenditures provided for in this Act.
The provisions of the Act entitled ``An Act appropriating the
receipts from the sale and disposal of public lands in certain States
and Territories to the construction of irrigation works for the
reclamation of arid lands,'' approved June seventeenth, nineteen hundred
and two, be, and the same are hereby, extended so as to include and
apply to the State of Texas, American Samoa, Guam, the Northern Mariana
Islands and the Virgin Islands..\1\
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\1\ So in original.
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(June 17, 1902, ch. 1093, Sec. 1, 32 Stat. 388; June 12, 1906, ch. 3288,
34 Stat. 259; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3,
1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff.
July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 99-396, Sec. 17,
Aug. 27, 1986, 100 Stat. 843.)
References in Text
This Act, referred to in first par., and the Act entitled ``An Act
appropriating the receipts from the sale and disposal of public lands in
certain States and Territories to the construction of irrigation works
for the reclamation of arid lands,'' approved June seventeenth, nineteen
hundred and two, referred to in second par., are act June 17, 1902,
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.
Codification
The first paragraph of this section is comprised of act June 17,
1902, and the second paragraph is comprised of act June 12, 1906, as
amended.
Amendments
1986--Pub. L. 99-396 inserted reference to American Samoa, Guam, the
Northern Mariana Islands, and the Virgin Islands in second par.
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.
Words ``officers designated by the Secretary of the Interior''
substituted for ``registers'' on authority of section 403 of Reorg. Plan
No. 3 of 1946, set out as a note under section 1 of this title.
Previously, references to register and receiver changed to register
by acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated offices of
register and receiver and provided for a single officer to be known as
register.
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 390g, 390h, 391a, 391a-1,
455b, 2226 of this title; title 33 section 1300.
