PUBLIC LAW 99-545-OCT. 27, 1986
100 STAT. 3047
Public Law 99-545 99th Congress An Act To authorize the Secretary of Agriculture to issue permanent easements for water conveyance systems in order to resolve title claims arising under Acts repealed by the Federal Land Policy and Management Act of 1976, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) For purposes of this Act, the term "the Act" means the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761). (b) Section 501 of the Act is amended by adding at the end thereof the following new subsection: "(c)(1) Upon receipt of a written application pursuant to paragraph (2) of this subsection from an applicant meeting the requirements of this subsection, the Secretary of Agriculture shall issue a permanent easement, without a requirement for reimbursement, for a water system as described in subsection (a)(l) of this section, traversing Federal lands within the National Forest System ('National Forest Lands'), constructed and in operation or placed into operation prior to October 21, 1976, if— "(A) the traversed National Forest lands are in a State where the appropriation doctrine governs the ownership of water ': rights; '^ "(B) at the time of submission of the application the water system is used solely for agricultural irrigation or livestock ' watering purposes; •*^ "(C) the use served by the water system is not located solely . ' on Federal lands; j^ "(D) the originally constructed facilities comprising such system have been in substantially continuous operation without .. abandonment; "(E) the applicant has a valid existing right, established under applicable State law, for water to be conveyed by the water system; "(F) a recordable survey and other information concerning the location and characteristics of the system as necessary for
- proper management of National Forest lands is provided to the
Secretary of Agriculture by the applicant for the easement; and i "(G) the applicant submits such application on or before December 31, 1996. "(2)(A) Nothing in this subsection shall be construed as affecting any grants made by any previous Act. To the extent any such previous grant of right-of-way is a valid existing right, it shall remain in full force and effect unless an owner thereof notifies the Secretary of Agriculture that such owner elects to have a water system on such right-of-way governed by the provisions of this subsection and submits a written application for issuance of an easement pursuant to this subsection, in which case upon the issu-
Oct. 27, 1986 [H.R. 2921]
Public lands.
43 USC 1701 note. 43 USC 1761. National Forest System.
Agriculture and agricultural commodities. Animals.
Grants.
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