§ 502. — Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC502]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER XI--MAINTENANCE AND OPERATION OF WORKS GENERALLY
Sec. 502. Emergency fund to assure continuous operation of
projects and project facilities governed by Federal reclamation
law
In order to assure continuous operation of 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) [43
U.S.C. 422a et seq.] 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), there is hereby authorized to be
appropriated from the reclamation fund an emergency fund which shall be
available for defraying expenses which the Commissioner of Reclamation
determines are required to be incurred because of unusual or emergency
conditions.
(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.
Section Referred to in Other Sections
This section is referred to in section 503 of this title.
