USGS - Gift and General Cooperation Authority (43 U.S.C. § 36a-c)

§ 31h

TITLE 43—PUBLIC LANDS
AMENDMENTS

2009—Pub. L. 111–11 substituted ‘‘Not later than 3
years after March 30, 2009, and biennially’’ for ‘‘Not
later 3 years after December 9, 1999, and biennially’’.

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Sciences shall review and report on the biological research activity of the Survey.
(Pub. L. 104–208, div. A, title I, § 101(d) [title I],
Sept. 30, 1996, 110 Stat. 3009–181, 3009–189.)

CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 31h. Authorization of appropriations
(a) In general
There is authorized to be appropriated to
carry out sections 31a to 31h of this title
$64,000,000 for each of fiscal years 2009 through
2018.
(b) Allocation of appropriations
Of any amounts appropriated for any fiscal
year in excess of the amount appropriated for
fiscal year 2005—
(1) 50 percent shall be available for the State
component; and
(2) 4 percent shall be available for the education component.
(Pub. L. 102–285, § 9, as added Pub. L. 106–148, § 9,
Dec. 9, 1999, 113 Stat. 1724; amended Pub. L.
111–11, title XI, § 11001(i), Mar. 30, 2009, 123 Stat.
1416.)
REFERENCES IN TEXT
Sections 31a to 31h of this title, referred to in subsec.
(a), was in the original ‘‘this Act’’, meaning Pub. L.
102–285, known as the National Geologic Mapping Act of
1992, which is classified principally to sections 31a to
31h of this title. For complete classification of this Act
to the Code, see Short Title note set out under section
31a of this title and Tables.
PRIOR PROVISIONS
A prior section 31h, Pub. L. 102–285, § 9, May 18, 1992,
106 Stat. 171; Pub. L. 105–36, § 3(g), Aug. 5, 1997, 111 Stat.
1111, authorized appropriations for the national cooperative geologic mapping program, prior to repeal by
Pub. L. 106–148, § 9, Dec. 9, 1999, 113 Stat. 1724.
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–11, § 11001(i)(1), added
subsec. (a) and struck out former subsec. (a) which appropriated funds to carry out sections 31a to 31h of this
title for fiscal years 1999 to 2005.
Subsec. (b). Pub. L. 111–11, § 11001(i)(2)(A), substituted
‘‘2005’’ for ‘‘2000’’ in introductory provisions.
Subsec. (b)(1). Pub. L. 111–11, § 11001(i)(2)(B), substituted ‘‘50’’ for ‘‘48’’.
Subsec. (b)(2). Pub. L. 111–11, § 11001(i)(2)(C), which directed amendment of par. (2) ‘‘by striking 2 and inserting ‘4’ ’’, was executed by substituting ‘‘4’’ for ‘‘2’’, to
reflect the probable intent of Congress.

§ 31i. Report on resource research activities
Once every five years the National Academy of
Sciences shall review and report on the resource
research activities of the Survey.
(Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26,
1996, 110 Stat. 1321–156, 1321–165; renumbered title
I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat.
1327.)
§ 31j. Biological research activity of Survey; review and report by National Academy of Sciences
Beginning in fiscal year 1998 and once every
five years thereafter, the National Academy of

§ 32. Acting Director
The Secretary of the Interior may authorize
one of the geologists to act as Director of the
United States Geological Survey in the absence
of that officer.
(July 31, 1894, ch. 174, § 1, 28 Stat. 197; 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.

§ 33. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A
Stat. 641
Section, act June 16, 1880, ch. 235, 21 Stat. 274, authorized Secretary of War to detail officers of Ordnance
Corps to serve with Geological Survey.

§ 34. Scientific employees
The scientific employees of the United States
Geological Survey shall be selected by the Director, subject to the approval of the Secretary
of the Interior exclusively for their qualifications as professional experts.
(July 7, 1884, ch. 332, 23 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.

§ 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

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§ 36d

TITLE 43—PUBLIC LANDS

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
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
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 former 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: