43 U.S.C. 36d

§ 35

TITLE 43—PUBLIC LANDS
CHANGE OF NAME

‘‘United States Geological Survey’’ substituted in
text for ‘‘Geological Survey’’ pursuant to provision of
title I of Pub. L. 102–154, set out as a note under section
31 of this title.
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, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.

§ 35. Repealed. Pub. L. 87–304, § 9(a)(2), Sept. 26,
1961, 75 Stat. 664
Section, act June 30, 1906, ch. 3914, § 1, 34 Stat. 727, authorized scientific and other employees of the United
States Geological Survey employed in the field to
make assignments of pay, and that they be reimbursed
for expenses incurred in the discharge of duty in the
field and paid from personal funds. See section 5525 of
Title 5, Government Organization and Employees.

§ 36. Purchase of books
The purchase of professional and scientific
books and periodicals needed for statistical purposes by the scientific divisions of the United
States Geological Survey is authorized to be
made and paid for out of appropriations made
for the said Survey.
(June 28, 1902, ch. 1301, § 1, 32 Stat. 455.)
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, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.

§ 36a. Acquisition of scientific or technical books,
maps, etc., for library
The Director of the United States Geological
Survey, under the general supervision of the
Secretary of the Interior, is authorized to acquire for the United States, by gift or devise,
scientific or technical books, manuscripts,
maps, and related materials, and to deposit the
same in the library of the United States Geological Survey for reference and use as authorized by law.
(May 14, 1940, ch. 190, 54 Stat. 212; Pub. L.
102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)
CHANGE OF NAME
‘‘United States Geological Survey’’ substituted in
text for ‘‘Geological Survey’’ pursuant to provision of
title I of Pub. L. 102–154, set out as a note under section
31 of this title.
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, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.

§ 36b. Acquisition of lands or interests therein
for use in gaging streams or underground
water resources
The Secretary of the Interior may, on behalf
of the United States and for use by the United

Page 14

States Geological Survey in gaging streams and
underground water resources, acquire lands by
donation or when funds have been appropriated
by Congress by purchase or condemnation, but
not in excess of ten acres for any one stream
gaging station or observation well site. For the
same purpose the Secretary of the Interior may
obtain easements, licenses, rights-of-way, and
leases limited to run for such a period of time or
term of years as may be required for the effective performance of the function of gaging
streams and underground water resources: Provided, That nothing in this section shall be construed as affecting or intended to affect or in
any way to interfere with the laws of any State
or Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder,
and the Secretary of the Interior, in carrying
out the provisions of this section, shall proceed
in conformity with such laws, and nothing in
this section shall in any way affect any right of
any State or of the Federal Government or of
any landowner, appropriator, or user of water,
in, to, or from any interstate stream or the waters thereof.
(Dec. 24, 1942, ch. 822, 56 Stat. 1086; Pub. L.
86–406, Apr. 4, 1960, 74 Stat. 14; Pub. L. 102–154,
title I, Nov. 13, 1991, 105 Stat. 1000.)
AMENDMENTS
1960—Pub. L. 86–406 authorized Secretary of the Interior to acquire lands and interests in lands for observation well sites to gage underground water resources.
CHANGE OF NAME
‘‘United States Geological Survey’’ substituted in
text for ‘‘Geological Survey’’ pursuant to provision of
title I of Pub. L. 102–154, set out as a note under section
31 of this title.

§ 36c. Acceptance of contributions from public
and private sources; cooperation with other
agencies in prosecution of projects
In fiscal year 1987 and thereafter the United
States Geological Survey is authorized to accept
lands, buildings, equipment, and other contributions from public and private sources and to
prosecute projects in cooperation with other
agencies, Federal, State, or private.
(Pub. L. 99–500, § 101(h) [title I], Oct. 18, 1986, 100
Stat. 1783–242, 1783–252, and Pub. L. 99–591,
§ 101(h) [title I], Oct. 30, 1986, 100 Stat. 3341–242,
3341–252; Pub. L. 102–154, title I, Nov. 13, 1991, 105
Stat. 1000.)
CODIFICATION
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
CHANGE OF NAME
‘‘United States Geological Survey’’ substituted in
text for ‘‘Geological Survey’’ pursuant to provision of
title I of Pub. L. 102–154, set out as a note under section
31 of this title.

§ 36d. Cooperative agreements
Notwithstanding the provisions of the Federal
Grant and Cooperative Agreement Act of 1977 (31
U.S.C. 6301–6308), the United States Geological
Survey is authorized to continue existing, and
on and after November 10, 2003, to enter into new

Page 15

§ 42

TITLE 43—PUBLIC LANDS

cooperative agreements directed towards a particular cooperator, in support of joint research
and data collection activities with Federal,
State, and academic partners funded by appropriations herein, including those that provide
for space in cooperator facilities.
(Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat.
1254.)
REFERENCES IN TEXT
The Federal Grant and Cooperative Agreement Act of
1977, referred to in text, is Pub. L. 95–224, Feb. 3, 1978,
92 Stat. 3, which was classified generally to chapter 8
(§ 501 et seq.) of Title 41, Public Contracts, and was repealed and reenacted as chapter 63 (§ 6301 et seq.) of
Title 31, Money and Finance, by Pub. L. 97–258, §§ 1, 5(b),
Sept. 13, 1982, 96 Stat. 877, 1068.
Appropriations herein, referred to in text, probably
means appropriations under the headings ‘‘UNITED
STATES GEOLOGICAL SURVEY’’, ‘‘SURVEYS, INVESTIGATIONS, AND RESEARCH’’ and ‘‘ADMINISTRATIVE PROVISIONS’’, of the annual Department of the Interior and
Related Agencies Appropriations Act.
SIMILAR PROVISIONS
Provisions similar to those in this section were contained in the following appropriation act:
Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 228.

§ 37. Omitted

general and economic geology and paleontology.
All special memoirs and reports of said survey
shall be issued in uniform quarto series if
deemed necessary by the director, but otherwise
in ordinary octavos. Three thousand copies of
each shall be published for scientific exchanges
and for sale at the price of publication, and all
literary and cartographic materials received in
exchange shall be the property of the United
States and form a part of the library of the organization; and the money resulting from the sale
of such publications shall be covered into the
Treasury of the United States, under the direction of the Secretary of the Interior.
(Mar. 3, 1879, ch. 182, 20 Stat. 394; Aug. 7, 1946, ch.
770, § 1(10), 60 Stat. 867; Pub. L. 102–154, title I,
Nov. 13, 1991, 105 Stat. 1000.)
CODIFICATION
‘‘Section 1318 of title 44’’ substituted in text for ‘‘section 260 of title 44’’ on authority of Pub. L. 90–620, § 2(b),
Oct. 22, 1968, 82 Stat. 1238, the first section of which enacted Title 44, Public Printing and Documents.
The words ‘‘Except as otherwise provided in section
260 of title 44’’ were originally inserted in text to avoid
conflict with the provisions of such section 260 of title
44, as set out prior to the general revision of title 44 by
Pub. L. 90–620, derived from Joint Res. May 16, 1902, No.
22.

CODIFICATION

AMENDMENTS

Section, act June 12, 1917, ch. 27, 40 Stat. 144, related
to purchases or services for the Geological Survey, was
omitted as superseded.

1946—Act Aug. 7, 1946, repealed all provisions requiring preparation, and transmission by Secretary of the
Interior, of an annual report of operations.

§ 38. Topographic surveys; marking elevations
In making topographic surveys west of the
ninety-fifth meridian elevations above a base
level located in each area under survey shall be
determined and marked on the ground by iron or
stone posts or permanent bench marks, at least
two such posts or bench marks to be established
in each township, or equivalent area, except in
the forest-clad and mountain areas, where at
least one shall be established, and these shall be
placed, whenever practicable, near the township
corners of the public-land surveys; and in the
areas east of the ninety-fifth meridian at least
one such post or bench mark shall be similarly
established in each area equivalent to the area
of a township of the public land surveys.
(June 11, 1896, ch. 420, 29 Stat. 435.)
§§ 39, 40. Omitted
CODIFICATION
Section 39, act Feb. 27, 1925, ch. 360, § 1, 43 Stat. 1011,
authorized the President to complete a general utility
topographical survey of the territory of the United
States within a period of twenty years from Feb. 27,
1925.
Section 40, act Feb. 27, 1925, ch. 360, § 2, 43 Stat. 1011,
related to cooperative agreements with States to expedite completion of topographical survey.

§ 41. Publications and reports; preparation and
sale
Except as otherwise provided in section 1318 of
title 44, the publications of the United States
Geological Survey shall consist of geological
and economic maps, illustrating the resources
and classification of the lands, and reports upon

CHANGE OF NAME
‘‘United States Geological Survey’’ substituted in
text for ‘‘Geological Survey’’ pursuant to provision of
title I of Pub. L. 102–154, set out as a note under section
31 of this title.
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, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.

§ 42. Distribution of maps and atlases, etc.
The Director of the United States Geological
Survey is authorized and directed, on the approval of the Secretary of the Interior, to dispose of the topographic and geologic maps and
atlases of the United States, made and published
by the United States Geological Survey, at such
prices and under such regulations as may from
time to time be fixed by him and approved by
the Secretary of the Interior; and a number of
copies of each map or atlas, not exceeding five
hundred, shall be distributed gratuitously
among foreign governments and departments of
our own Government to literary and scientific
associations, and to such educational institutions or libraries as may be designated by the
Director of the Survey and approved by the Secretary of the Interior. On and after June 7, 1924,
the distribution of geological publications to libraries designated as special depositaries of such
publications shall be discontinued.
(Feb. 18, 1897, No. 13, § 1, 29 Stat. 701; June 7, 1924,
ch. 303, 43 Stat. 592; Pub. L. 102–154, title I, Nov.
13, 1991, 105 Stat. 1000.)