Acceptance of Non-Federal Funds (43 U.S.C. § 395)

Page 113

§ 395

TITLE 43—PUBLIC LANDS

vanced under section 391a of this title. See section
391a–1 of this title.

§ 392. Payments into reclamation fund of moneys
received from entrymen and water right applicants
All moneys received from entrymen or applicants for water rights shall be paid into the reclamation fund.
(June 17, 1902, ch. 1093, § 5, 32 Stat. 389.)
CODIFICATION
Section is comprised of fourth sentence of section 5 of
act June 17, 1902. First, second and fifth sentences of
such section 5 were classified to sections 439, 431 and 381
of this title, respectively; part of third sentence was
classified to section 476 of this title.
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or repealed by the Submerged Lands Act, see section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.

§ 392a. Payment into reclamation fund of receipts
from irrigation projects; transfer of power
revenues to General Treasury after repayment of construction costs
All moneys received by the United States in
connection with any irrigation projects, including the incidental power features thereof, constructed by the Secretary of the Interior
through the Bureau of Reclamation, and financed in whole or in part with moneys heretofore or hereafter appropriated or allocated
therefor by the Federal Government, shall be
covered into the reclamation fund, except in
cases where provision has been made by law or
contract for the use of such revenues for the
benefit of users of water from such project: Provided, That after the net revenues derived from
the sale of power developed in connection with
any of said projects shall have repaid those construction costs of such project allocated to
power to be repaid by power revenues therefrom
and shall no longer be required to meet the contractual obligations of the United States, then
said net revenues derived from the sale of power
developed in connection with such project shall,
after the close of each fiscal year, be transferred
to and covered into the General Treasury as
‘‘miscellaneous receipts’’: Provided further, That
nothing in this section shall be construed to
amend the Boulder Canyon Project Act (45 Stat.
1057), as amended [43 U.S.C. 617 et seq.], or to
apply to irrigation projects of the Office of Indian Affairs.
(May 9, 1938, ch. 187, 52 Stat. 322.)
REFERENCES IN TEXT
The Boulder Canyon Project Act (45 Stat. 1057), as
amended, referred to in text, is act Dec. 21, 1928, ch. 42,
45 Stat. 1057, as amended, which is classified generally
to subchapter I (§ 617 et seq.) of chapter 12A of this
title. For complete classification of this Act to the
Code, see section 617t of this title and Tables.

§ 393. Proceeds from sale of materials, etc.
There shall be covered into the reclamation
fund the proceeds of the sales of material utilized for temporary work and structures in connection with the operations under the Act of
June 17, 1902, known as the reclamation Act, as
well as of the sales of all other condemned property which had been purchased under the provisions thereof, and also any moneys refunded in
connection with the operations under said reclamation Act.
(Mar. 3, 1905, ch. 1459, 33 Stat. 1032.)
REFERENCES IN TEXT
Act of June 17, 1902, known as the reclamation Act,
referred to in text, is act June 17, 1902, ch. 1093, 32 Stat.
388, as amended, 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.

§ 394. Proceeds from sale of products of or leases
of withdrawn or reserved lands
The proceeds heretofore or hereafter received
from the lease of any lands reserved or withdrawn under the reclamation law or from the
sale of the products therefrom shall be covered
into the reclamation fund; and where such lands
are affected by a reservation or withdrawal
under some other law, the proceeds from the
lease of land and the sale of products therefrom
shall likewise be covered into the reclamation
fund in all cases where such lands are needed for
the protection or operation of any reservoir or
other works constructed under the reclamation
law, and such lands shall be and remain under
the jurisdiction of the Secretary of the Interior.
(July 19, 1919, ch. 24, 41 Stat. 202.)
REFERENCES IN TEXT
The reclamation law, referred to in text, is identified
in act July 19, 1919, ch. 24, 41 Stat. 200, under the heading ‘‘RECLAMATION SERVICE’’, as act June 17, 1902, ch.
1093, 32 Stat. 388, and Acts amendatory thereof and supplementary thereto. Act June 17, 1902, popularly known
as the Reclamation Act, is classified generally to this
chapter. For complete classification of act June 17,
1902, to the Code, see Short Title note set out under
section 371 of this title and Tables.

§ 395. Contributions by State, municipality, etc.
All moneys received after March 4, 1921, from
any State, municipality, corporation, association, firm, district, or individual for investigations, surveys, construction work, or any other
development work incident thereto involving
operations similar to those provided for by the
reclamation law shall be covered into the reclamation fund and shall be available for expenditure for the purposes for which contributed in
like manner as if said sums had been specifically
appropriated for said purposes.
(Mar. 4, 1921, ch. 161, 41 Stat. 1404.)

TRANSFER OF FUNCTIONS

REFERENCES IN TEXT

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.

The reclamation law, referred to in text, is identified
in act Mar. 4, 1921, ch. 161, 41 Stat. 1402, under the heading ‘‘RECLAMATION SERVICE’’, as act June 17, 1902, ch.
1093, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto. Act June 17, 1902, popularly known
as the Reclamation Act, is classified generally to this

§ 396

TITLE 43—PUBLIC LANDS

chapter. For complete classification of act June 17,
1902, to the Code, see Short Title note set out under
section 371 of this title and Tables.

§ 396. Return of contributions to cooperative investigations of projects
On and after December 25, 1924, the Secretary
of the Interior is authorized to receive moneys
from any State, municipality, irrigation district, individual, or other interest, public or private, expend the same in connection with moneys appropriated by the United States for any
cooperative investigation of the feasibility of
reclamation projects, and return to the contributor any moneys so contributed in excess of the
actual cost of that portion of the work properly
chargeable to the contribution.
(Dec. 5, 1924, ch. 4, § 1, 43 Stat. 685.)
§ 397. Advances by Government for completion of
projects initiated prior to June 25, 1910
To enable the Secretary of the Interior to
complete Government reclamation projects
begun prior to June 25, 1910, the Secretary of the
Treasury is authorized, as of June 25, 1910, upon
request of the Secretary of the Interior, to
transfer from time to time to the credit of the
reclamation fund created by section 391 of this
title, such sum or sums, not exceeding in the aggregate $20,000,000, as the Secretary of the Interior may deem necessary to complete the said
reclamation projects, and such extensions thereof as he may deem proper and necessary to the
successful and profitable operation and maintenance thereof or to protect water rights pertaining thereto claimed by the United States, provided the same shall be approved by the President of the United States; and such sum or sums
as may be required to comply with the foregoing
authority are appropriated, as of June 25, 1910,
out of any money in the Treasury not otherwise
appropriated: Provided, That the sums authorized to be transferred to the reclamation fund
shall be so transferred only as such sums shall
be actually needed to meet payments for work
performed under existing law: And provided further, That all sums so transferred shall be reimbursed to the Treasury from the reclamation
fund, as hereinafter provided: And provided further, That no part of this appropriation shall be
expended upon any project existing June 25, 1910,
until it shall have been examined and reported
upon by a board of engineer officers of the
Army, designated by the President of the United
States, and until it shall be approved by the
President as feasible and practicable and worthy
of such expenditure; nor shall any portion of
this appropriation be expended upon any project
initiated after June 25, 1910.
(June 25, 1910, ch. 407, § 1, 36 Stat. 835.)
§ 397a. Advances for operation and maintenance
of projects
Any moneys which may have been heretofore
or may be hereafter advanced for operation and
maintenance of any project or any division of a
project shall be covered into the reclamation
fund and shall be available for expenditure for
the purposes for which advanced in like manner

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as if said funds had been specifically appropriated for said purposes.
(Jan. 12, 1927, ch. 27, 44 Stat. 957.)
§ 398. Sales of Government certificates to obtain
funds for advances
For the purpose of providing the Treasury
with funds for the advances to the reclamation
fund, provided for in section 397 of this title, the
Secretary of the Treasury is authorized to issue
certificates of indebtedness of the United States
in such form as he may prescribe and in denominations of $50, or multiples of that sum; said
certificates to be redeemable at the option of
the United States at any time after three years
from the date of their issue and to be payable
five years after such date, and to bear interest,
payable semiannually, at not exceeding 3 per
centum per annum; the principal and interest to
be payable in gold coin of the United States. The
certificates of indebtedness herein authorized
may be disposed of by the Secretary of the
Treasury at not less than par, under such rules
and regulations as he may prescribe, giving all
citizens of the United States an equal opportunity to subscribe therefor, but no commission
shall be allowed and the aggregate issue of such
certificates shall not exceed the amount of all
advances made to said reclamation fund, and in
no event shall the same exceed the sum of
$20,000,000. The certificates of indebtedness herein authorized shall be exempt from taxes or duties of the United States as well as from taxation in any form by or under State, municipal,
or local authority; and a sum not exceeding onetenth of 1 per centum of the amount of the certificates of indebtedness issued under this section is appropriated, out of any money in the
Treasury not otherwise appropriated, to pay the
expense of preparing, advertising, and issuing
the same.
(June 25, 1910, ch. 407, § 2, 36 Stat. 835.)
§ 399. Omitted
CODIFICATION
Section, acts June 25, 1910, ch. 407, § 3, 36 Stat. 836;
June 12, 1917, ch. 27, 40 Stat. 149, related to repayment
of advances made under sections 397 and 398 of this
title. See section 391a–1 of this title.

§ 400. Advances as item of cost of construction
and maintenance of project
All money placed to the credit of the reclamation fund in pursuance of sections 397 and 398 to
400, of this title shall be devoted exclusively to
the completion of work on reclamation projects
begun prior to June 25, 1910, as hereinbefore provided, and the same shall be included with all
other expenses in future estimates of construction, operation, or maintenance.
(June 25, 1910, ch. 407, § 4, 36 Stat. 836.)
REFERENCES IN TEXT
Section 399 of this title, included within reference in
text to sections 398 to 400, was omitted from the Code.
See section 391a–1 of this title.
CODIFICATION
Section is comprised of first clause of section 4 of act
June 25, 1910. Second clause of such section 4 is classified to section 413 of this title.