43 U.S.C. § 377b — Availability of appropriations for Bureau of Reclamation

submitted 34 years ago by Pub. L. 102-377 to r/title-43-PUBLIC-LANDS · 498 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets rules for spending Bureau of Reclamation money. It lists what the money can pay for, like accident claims up to $5,000,000 per event. It also blocks spending earned-but-unpaid contract money on other purposes. And it requires surveying and mapping contracts to follow a specific federal competitive-bidding law.

This section explains what Bureau of Reclamation appropriations can be spent on, and sets several limits on how that money is used. Starting October 2, 1992, money appropriated to the Bureau of Reclamation in this Act, or in later Energy and Water Development Appropriations Acts, is available for: - Paying claims for property damage or loss, personal injury, or death caused by Bureau of Reclamation activities. No single event that gives rise to a claim (or claims) can cost more than $5,000,000. - Paying, except where other rules say otherwise, the pay and expenses of Bureau of Reclamation staff appointed by law to represent the United States in negotiating and administering interstate compacts, without needing reimbursement or return under reclamation law. - Paying for services allowed under section 3109 of title 5 — a law letting agencies bring in outside experts — up to $500,000 total per year. - Paying rewards for information or evidence about violations of law involving Bureau of Reclamation property. - Carrying out the functions listed under the heading "Operation and Maintenance Administration," Bureau of Reclamation, in the 1945 Interior Department Appropriations Act. - Preparing and sharing useful information, including recordings, photographs, and photographic prints. - Studying how people use reservoir areas for recreation, and investigating and recovering archaeological and paleontological remains found in those areas, in the same way as chapters 3125 and 3201 of title 54 provide. Starting October 2, 1992, none of this money — from this Act or later Energy and Water Development Appropriations Acts — may be spent under the original 1945 reclamation law (43 U.S.C. § 377) on expenses that are not tied to a specific reclamation project. The only exceptions are: "General Administrative Expenses"; money provided for plan formulation investigations under "General Investigations"; and money provided for science and technology under "Construction Program." Money spent carrying out Bureau of Reclamation functions that are supposed to be reimbursed must be returned the way the law requires. No Bureau of Reclamation appropriation — from this Act, an earlier Act, or a later Energy and Water Development Appropriations Act — that represents money already earned under a contract but not yet paid can be used for any other purpose, no matter when that money is actually due to be paid. Doing this anyway counts as a violation of section 1341 of title 31, the law against spending money the government does not have. Finally, starting October 2, 1992, none of the funds made available by this or any other Act may be used by the Bureau of Reclamation for surveying and mapping services contracts, unless — for contracts where the solicitation is issued after this Act's date — the contract is awarded following title IX of the Federal Property and Administrative Services Act of 1949, a law governing how such contracts must be competitively awarded.

the actual law source: uscode.house.gov ↗public domain

Appropriations for the Bureau of Reclamation in this Act or in subsequent Energy and Water Development Appropriations Acts shall on and after October 2, 1992, be available for payment of claims for damages to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation, not to exceed $5,000,000 for each causal event giving rise to a claim or claims; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiations and administration of interstate compacts without reimbursement or return under the reclamation laws; services as authorized by section 3109 of title 5, in total not to exceed $500,000 per year; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head “Operation and Maintenance Administration”, Bureau of Reclamation, in the Interior Department Appropriations Act 1 1945; preparation and dissemination of useful information including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in chapters 3125 and 3201 of title 54: Provided, That on and after October 2, 1992, no part of any appropriation made in this Act or in subsequent Energy and Water Development Appropriations Acts shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except “General Administrative Expenses”, amounts provided for plan formulation investigations under the head “General Investigations”, and amounts provided for science and technology under the head “Construction Program”.

Sums appropriated in this Act or in subsequent Energy and Water Development Appropriations Acts which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law.

No part of any appropriation for the Bureau of Reclamation, contained in this Act, in any prior Act, or in subsequent Energy and Water Development Appropriations Acts which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 1341 of title 31.

None of the funds made available by this or any other Act or by any subsequent Act shall on and after October 2, 1992, be used by the Bureau of Reclamation for contracts for surveying and mapping services unless such contracts for which a solicitation is issued after the date of this Act 2 are awarded in accordance with title IX of the Federal Property and Administrative Service 3 Act of 1949.2

Source credit: (Pub. L. 102–377, title II, Oct. 2, 1992, 106 Stat. 1330, 1331; Pub. L. 108–137, title II, § 206, Dec. 1, 2003, 117 Stat. 1849; Pub. L. 113–287, § 5(l)(1), Dec. 19, 2014, 128 Stat. 3270.)

history & why it existsrecord from the source credit

1992Enacted · Pub. L. 102-377 · 106 Stat. 1330, 1331
2003Amended · Pub. L. 108-137 · 117 Stat. 1849
2014Amended · Pub. L. 113-287 · 128 Stat. 3270

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-377 on 1992-10-02.

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