2012 US Code
Title 43 - Public Lands
Chapter 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF (§§ 2201 - 2247)
Subchapter I - DROUGHT PROGRAM (§§ 2211 - 2215)
Section 2211 - Assistance during drought; water purchases

Consistent with existing contractual arrangements and applicable State and applicable Federal law, and without further authorization, the Secretary is authorized to undertake construction, management, and conservation activities that will minimize, or can be expected to have an effect in minimizing, losses and damages resulting from drought conditions. Any construction activities undertaken pursuant to the authority of this subsection shall be limited to temporary facilities designed to minimize losses and damages from drought conditions, except that wells drilled to minimize losses and damages from drought conditions may be permanent facilities.

In order to minimize losses and damages resulting from drought conditions, the Secretary may provide nonfinancial assistance to willing buyers in their purchase of available water supplies from willing sellers.

In order to minimize losses and damages resulting from drought conditions, the Secretary may purchase water from willing sellers, including, but not limited to, water made available by Federal Reclamation project contractors through conservation or other means with respect to which the seller has reduced the consumption of water. Except with respect to water stored, conveyed or delivered to Federal and State wildlife habitat, the Secretary shall deliver such water pursuant to temporary contracts under section 2212 of this title: Provided, That any such contract shall require recovery of any costs, including interest if applicable, incurred by the Secretary in acquiring such water.

In order to respond to a drought, the Secretary is authorized to participate in water banks established by a State.

(Pub. L. 102–250, title I, §101, Mar. 5, 1992, 106 Stat. 53.)

The Bureau, referred to in heading for subsec. (c), probably means the Bureau of Reclamation.

For provisions directing that authorities established under this subchapter shall terminate ten years after Mar. 5, 1992, see section 2214(c) of this title.

Pub. L. 107–206, title I, §103, Aug. 2, 2002, 116 Stat. 823, provided that: “Not later than 14 days after the date of enactment of this Act [Aug. 2, 2002], the Secretary of Agriculture shall carry out the transfer of funds under section 2507(a) of the Food Security and Rural Investment Act of 2002 (Public Law 107–171) [set out below].”

Pub. L. 107–171, title II, §2507, May 13, 2002, 116 Stat. 275, as amended by Pub. L. 110–234, title II, §2807, May 22, 2008, 122 Stat. 1090; Pub. L. 110–246, §4(a), title II, §2807, June 18, 2008, 122 Stat. 1664, 1818; Pub. L. 111–85, title II, §207, Oct. 28, 2009, 123 Stat. 2858; Pub. L. 112–74, div. B, title II, §208(a), Dec. 23, 2011, 125 Stat. 866, provided that:

“(a) Transfer.—Subject to subsection (b) and paragraph (1) of section 207(a) of Public Law 108–7 (117 Stat. 146), notwithstanding paragraph (3) of that section, on the date of enactment of the Food, Conservation, and Energy Act of 2008 [June 18, 2008], the Secretary of Agriculture shall transfer $175,000,000 of the funds of the Commodity Credit Corporation to the Bureau of Reclamation Water and Related Resources Account, which funds shall—

“(1) be used by the Secretary of the Interior, acting through the Commissioner of Reclamation, to provide water to at-risk natural desert terminal lakes; and

“(2) remain available until expended.

“(b) Permitted Uses.—For the benefit of at-risk natural desert terminal lakes and associated riparian and watershed resources, in any case in which there are willing sellers or willing participants, the funds described in subsection (a) may be used—

“(1) to lease water;

“(2) to purchase land, water appurtenant to the land, and related interests; and

“(3) for efforts consistent with researching, supporting, and conserving fish, wildlife, plant, and habitat resources.”