16 U.S.C. § 460l–33: Management of reclamation…

Summary

The Secretary, through the Commissioner of Reclamation, can set reasonable fees for filing applications, for recreation, and for using Reclamation lands. The Secretary must write rules needed to run these fees, to carry out the law about Reclamation lands (including section 460l–34), to protect public safety and comfort, and to protect the land and its resources. The Secretary must keep a public inventory of Reclamation land resources and uses, mark and map land boundaries when needed, and make records available to the public. The Secretary can make, update, and revise resource management plans that follow other laws, are made with other agencies, with the project beneficiaries (as identified by the Secretary), and with public input. Plans must guide use, conservation, and protection in ways that fit the project’s purposes. Money spent under this part may not be repaid under the Federal Reclamation laws (the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371), and related acts).

Title 16, §460l–33

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(a)Administration

(1)Upon a determination that any such fee, charge, or commission is reasonable and appropriate, the Secretary acting through the Commissioner of Reclamation, is authorized to establish—

(A)filing fees for applications and other documents concerning entry upon and use of Reclamation lands;

(B)recreation user fees; and

(C)charges or commissions for the use of Reclamation lands.

(2)The Secretary, acting through the Commissioner of Reclamation, shall promulgate such regulations as the Secretary determines to be necessary—

(A)to carry out the provisions of this section and section 460l–34 of this title;

(B)to ensure the protection, comfort, and well-being of the public (including the protection of public safety) with respect to the use of Reclamation lands; and

(C)to ensure the protection of resource values.

(b)Inventory

The Secretary, acting through the Commissioner of Reclamation, is authorized to—

(1)prepare and maintain on a continuing basis an inventory of resources and uses made of Reclamation lands and resources, keep records of such inventory, and make such records available to the public; and

(2)ascertain the boundaries of Reclamation lands and provide a means for public identification (including, where appropriate, providing signs and maps).

(c)Planning

(1)(A)The Secretary, acting through the Commissioner of Reclamation, is authorized to develop, maintain, and revise resource management plans for Reclamation lands.

(B)Each plan described in subparagraph (A)—

(i)shall be consistent with applicable laws (including any applicable statute, regulation, or Executive order);

(ii)shall be developed in consultation with—

(I)such heads of Federal and non-Federal departments or agencies as the Secretary determines to be appropriate; and

(II)the authorized beneficiaries (as determined by the Secretary) of any Reclamation project included in the plan; and

(iii)shall be developed with appropriate public participation.

(C)Each plan described in subparagraph (A) shall provide for the development, use, conservation, protection, enhancement, and management of resources of Reclamation lands in a manner that is compatible with the authorized purposes of the Reclamation project associated with the Reclamation lands.

(d)Nonreimbursable funds

Funds expended by the Secretary in carrying out the provisions of this part shall be nonreimbursable under the Federal reclamation laws (the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371), and Acts supplementary thereto and amendatory thereof).

Notes & Related Subsidiaries

Editorial Notes

References in Text

This part, referred to in subsec. (d), was in the original “this title”, meaning title XXVIII of Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4690, which enacted sections 460l–31 to 460l–34 of this title and amended sections 460l–13 to 460l–15 and 460l–18 of this title. Act of

June 17, 1902, referred to in subsec. (d), is act

June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public Lands. However, section 371 of Title 43 is act Dec. 5, 1924, ch. 4, § 4, subsec. A, 43 Stat. 701. For complete classification of act

June 17, 1902, to the Code, see

Short Title

note set out under section 371 of Title 43 and Tables.

§460l–33 Management of Reclamation Lands