US (United States) Code. Title 16. Chapter 3C: Water

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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16 USC CHAPTER 3C - WATER CONSERVATION 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

.

-HEAD-

CHAPTER 3C - WATER CONSERVATION

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SUBCHAPTER I - FACILITIES FOR WATER STORAGE AND UTILIZATION

Sec.

590r to 590x-4. Repealed.

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

590y. Authorization and purpose of investigation, construction, and

maintenance of projects; title to projects; limitation on costs.

590z. Utilization of services, materials, funds, etc., of Federal,

State, or municipal agencies, or of individuals.

590z-1. Prerequisites for construction of project.

(a) Investigation and report to President.

(b) Construction of physical features.

(c) Division of project.

590z-2. Repayment contracts.

(a) Necessity.

(b) ''Reimbursable construction costs'' defined.

(c) Terms.

590z-3. Settlement of projects on agricultural basis.

(a) Rehabilitation; stabilization of agricultural

economy; maximum utilization of funds.

(b) Utilization of other agencies.

(c) Advertisement for purchases or services.

590z-4. Cooperative agreements with other agencies.

590z-5. Repealed.

590z-6. Disposition of receipts from repayment contracts and

project operations.

590z-7. Provisions for furnishing surplus power and municipal or

miscellaneous water supplies.

590z-8. Authority of Secretary of the Interior over lands,

contracts, water rights, etc.

(a) Utilization of lands.

(b) Contracts, land acquisitions, etc.

590z-9. Powers and duties of Secretaries of the Interior and

Agriculture; rules and regulations.

590z-10. Authorization of appropriations.

590z-11. Delegation of powers and duties by Secretary of the

Interior.

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16 USC SUBCHAPTER I - FACILITIES FOR WATER STORAGE AND

UTILIZATION 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER I - FACILITIES FOR WATER STORAGE AND UTILIZATION

.

-HEAD-

SUBCHAPTER I - FACILITIES FOR WATER STORAGE AND UTILIZATION

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16 USC Sec. 590r to 590x-4 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER I - FACILITIES FOR WATER STORAGE AND UTILIZATION

-HEAD-

Sec. 590r to 590x-4. Repealed. Pub. L. 87-128, title III, Sec.

341(a), Aug. 8, 1961, 75 Stat. 318

-MISC1-

Section 590r, acts Aug. 28, 1937, ch. 870, Sec. 1, 50 Stat. 869;

Aug. 17, 1954, ch. 751, Sec. 1(1), (2), 68 Stat. 734; July 12,

1960, Pub. L. 86-624, Sec. 9, 74 Stat. 412, related to

Congressional declaration of policy.

Section 590s, acts Aug. 28, 1937, ch. 870, Sec. 2, 50 Stat. 869;

Aug. 17, 1954, ch. 751, Sec. 1(3), 68 Stat. 735, related to powers

and duties of Secretary of Agriculture.

Section 590t, act Aug. 28, 1937, ch. 870, Sec. 3, 50 Stat. 869,

related to location of projects.

Section 590u, act Aug. 28, 1937, ch. 870, Sec. 4, 50 Stat. 870,

related to State aid and certain requirements.

Section 590v, act Aug. 28, 1937, ch. 870, Sec. 5, 50 Stat. 870,

related to use of employees and agencies within Department of

Agriculture.

Section 590w, act Aug. 28, 1937, ch. 870, Sec. 6, 50 Stat. 870,

related to cooperation of governmental agencies, expenditures and

rules and regulations.

Section 590x, act Aug. 28, 1937, ch. 870, Sec. 7, 50 Stat. 870,

authorized appropriations.

Section 590x-1, act Aug. 28, 1937, ch. 870, Sec. 8, as added Aug.

17, 1954, ch. 751, Sec. 1(4), 68 Stat. 735, prescribed limitations

on aid.

Section 590x-2, act Aug. 28, 1937, ch. 870, Sec. 9, as added Aug.

17, 1954, ch. 751, Sec. 1(4), 68 Stat. 735, authorized loans for

farm land improvement.

Section 590x-3, act Aug. 28, 1937, ch. 870, Sec. 10(a)-(e), as

added Aug. 17, 1954, ch. 751, Sec. 1(4), 68 Stat. 735, provided for

an insurance program for loans by other than United States, an

insurance fund, contents of fund, selling and reinsuring of notes,

disposition of insurance charges, insurance contract as United

States obligation, incontestability, discharge of obligations, and

limitation on aggregate amount of obligations.

Section 590x-4, act Aug. 28, 1937, ch. 870, Sec. 11, as added

Aug. 25, 1958, Pub. L. 85-748, Sec. 2, 72 Stat. 841, related to

authorization of Secretary for execution, insurance and sale of

loans, insurance, appraisal and delinquency charges, use of

proceeds for expenses; computation of aggregate amount of principal

obligations which may be insured, insurance of loans from funds

advanced by lenders other than United States, provisions applicable

to loans, conversion of loans to insured loans, expense funds, sale

of loans on noninsured basis and assignment of loans.

The subject matter of former sections 590r to 590x-4 of this

title is covered by section 1921 et seq. of Title 7, Agriculture.

EFFECTIVE DATE OF REPEAL

Repeal of sections effective one hundred and twenty days after

Aug. 8, 1961, or such earlier date as the provisions of section

1921 et seq. of Title 7, Agriculture, are made effective by

regulations of Secretary of Agriculture, see section 341(a) of Pub.

L. 87-128, set out as a note under section 1921 of Title 7.

Sections repealed effective Oct. 15, 1961, by section 300.1 of

former Title 6, Code of Federal Regulations, see Effective Date

note under section 1921 of Title 7.

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16 USC SUBCHAPTER II - CONSERVATION AND UTILIZATION

PROJECTS 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

.

-HEAD-

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 43 section 505.

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16 USC Sec. 590y 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

-HEAD-

Sec. 590y. Authorization and purpose of investigation,

construction, and maintenance of projects; title to projects;

limitation on costs

-STATUTE-

For the purpose of stabilizing water supply and thereby

rehabilitating farmers on the land and providing opportunities for

permanent settlement of farm families, the Secretary of the

Interior (hereinafter referred to as ''the Secretary'') is

authorized to investigate and, upon compliance with the provisions

of this subchapter, to construct water conservation and utilization

projects in the Great Plains and arid and semiarid areas of the

United States, and to operate and maintain each such project in

accordance with the provisions of this subchapter; Provided, That

the United States shall retain title to the dams, reservoirs,

irrigation, and other project works until Congress otherwise

provides: And provided further, That expenditures from

appropriations made directly pursuant to the authority contained in

section 590z-10(1) of this title to meet reimbursable construction

costs allocated to irrigation as defined in section 590z-2(b) of

this title shall not exceed $2,000,000 for dams and reservoirs in

any one project, and that expenditures from appropriations made

directly pursuant to the authority contained in section 590z-10(1)

of this title to meet costs allocated to flood control by the

Secretary after consultation with the Chief of Engineers,

Department of the Army, shall not exceed $500,000 on any one

project.

-SOURCE-

(Aug. 11, 1939, ch. 717, Sec. 1, 53 Stat. 1418; Oct. 14, 1940, ch.

861, 54 Stat. 1119; Mar. 7, 1942, ch. 164, 56 Stat. 142; July 16,

1943, ch. 242, Sec. 1, 57 Stat. 566; July 26, 1947, ch. 343, title

II, Sec. 205(a), 61 Stat. 501.)

-MISC1-

AMENDMENTS

1943 - Act July 16, 1943, raised amount of expenditures for dams

and reservoirs on any one project from $1,000,000 to $2,000,000.

1942 - Act Mar. 7, 1942, amended last proviso.

1940 - Act Oct. 14, 1940, reenacted section.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-MISC4-

ANGOSTURA PROJECT

Act Aug. 9, 1955, ch. 630, 69 Stat. 552, provided: ''That the

provisions of sections 41(g), 43, and 51 of the Bankhead-Jones Farm

Tenant Act, as amended (sections 1015(g), 1017, and 1025 of Title

7, Agriculture), are hereby extended to apply on the obligations of

settlers on the Angostura project in South Dakota developed under

the Act of August 11, 1939, as amended (this section).''

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16 USC Sec. 590z 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

-HEAD-

Sec. 590z. Utilization of services, materials, funds, etc., of

Federal, State, or municipal agencies, or of individuals

-STATUTE-

In connection with the investigation, construction, or operation

and maintenance of a project, pursuant to the authority of this

subchapter, the Secretary is authorized to utilize (1) in such

manner as the President may direct, services, labor, materials, or

other property, including money, supplied by the Work Projects

Administration, the Civilian Conservation Corps, the Office of

Indian Affairs, the Department of Agriculture, or any other Federal

agency, for which the United States shall be reimbursed in such

amounts as the President may fix for each project, within the

limits of the water users' ability to repay costs as found by the

Secretary under section 590z-1(a)(iv) of this title; and (2) such

services, labor, materials, easements or property, including money,

as may be contributed by any State or political subdivision

thereof, State agency, municipal corporation, or other

organization, or individuals, if, in the judgment of the Secretary,

the acceptance thereof will not impair the title of the United

States to the project works and will not reduce the probability

that the project water users can meet the obligations to the United

States entered into pursuant to this subchapter. Moneys received

and accepted under (2) of this section shall be and remain

available for expenditure for the purposes for which contributed in

like manner as if said sums had been specifically appropriated for

said purposes.

-SOURCE-

(Aug. 11, 1939, ch. 717, Sec. 2, 53 Stat. 1419; Oct. 14, 1940, ch.

861, 54 Stat. 1120.)

-MISC1-

AMENDMENTS

1940 - Act Oct. 14, 1940, reenacted section.

-TRANS-

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, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

Works Projects Administration and its functions transferred to

Federal Works Agency by Reorg. Plan No. 1 of 1939, Sec. 301, 306,

eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, set out in the

Appendix to Title 5.

Functions of Federal Works Agency transferred to General Services

Administration by act June 30, 1949, ch. 288, title I, Sec. 103, 63

Stat. 380. See text of, and Historical and Revision Notes under,

section 303(b) of Title 40, Public Buildings, Property, and Works.

Civilian Conservation Corps and its functions consolidated with

other agencies under Federal Security Agency, to be administered by

Director of Corps under direction and supervision of Federal

Security Administration by Reorg. Plan No. 1 of 1939, Sec. 201,

207, eff. July 1, 1939, 4 F.R. 2728, 2729, 53 Stat. 1425, set out

in the Appendix to Title 5, Government Organization and Employees.

Federal Security Agency was abolished by section 8 of Reorg. Plan

No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set

out in the Appendix to Title 5, and its functions transferred to

Department of Health, Education, and Welfare by section 5 of Reorg.

Plan No. 1 of 1953.

Department of Health, Education, and Welfare was redesignated

Department of Health and Human Services by section 3508(b) of Title

20, Education.

-MISC5-

DRAINAGE FACILITIES AND MINOR CONSTRUCTION

Contracts with repayment organizations for construction of

drainage facilities and minor items in irrigation works, see

section 505 of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 590z-1, 590z-2 of this

title.

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16 USC Sec. 590z-1 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

-HEAD-

Sec. 590z-1. Prerequisites for construction of project

-STATUTE-

(a) Investigation and report to President

No construction of a project may be undertaken pursuant to the

authority of this subchapter unless and until the Secretary has

made an investigation thereof and has submitted to the President

his report and findings on -

(i) the engineering feasibility of the proposed construction;

(ii) the estimated cost of the proposed construction;

(iii) the part of the estimated cost which properly can be

allocated to irrigation;

(iv) the part of the estimated cost which probably can be

repaid by the water users in accordance with the requirements of

section 590z-2 of this title;

(v) the part of the estimated cost which can properly be

allocated to municipal or miscellaneous water supplies or power

and probably be returned to the United States in revenues

therefrom;

(vi) the part of the estimated cost which can properly be

allocated to the irrigation of Indian trust and tribal lands, and

be repayable in accordance with existing law relating to Indian

lands;

(vii) the part of the estimated cost which can properly be

allocated to flood control as recommended by the Secretary after

consultation with the Chief of Engineers, Department of the Army.

In connection with each such investigation, report, and finding,

the Secretary shall consult with the Secretary of Agriculture

regarding participation in the proposed project by the Department

of Agriculture under the authority of sections 590z-3 and 590z-4 of

this title; and the Secretary shall also transmit to the President

a report by the Secretary of Agriculture to the President on the

participation, if any, proposed by the Department of Agriculture.

The project shall be deemed authorized and may be undertaken

pursuant to this subchapter if (1) the Secretary finds and

certifies to the President that the project has engineering

feasibility and that the water users probably can repay, in

accordance with the requirements of section 590z-2 of this title an

amount equal to or in excess of that part of the estimated cost

allocated by him to irrigation to be met by expenditure of moneys

appropriated pursuant to section 590z-10(1) of this title; and (2)

the President has approved said report and findings and has found

that services, labor, materials, easements, and other property,

including money, for the construction of the project, should be

made available to the Department of the Interior by the Works

Projects Administration or other Federal agencies, to the extent

found necessary by the Secretary to make up the difference between

the estimated cost of project construction and (i) the part thereof

to be met by expenditure of moneys appropriated pursuant to section

590z-10(1) of this title, together with (ii) such services,

materials, money, easements, and other property as non-Federal

agencies or parties have agreed to contribute and the Secretary has

found acceptable under section 590z of this title.

(b) Construction of physical features

No actual construction of the physical features of a project

shall be undertaken unless and until (1) the Secretary has found

that lands, or interests in lands, deemed necessary for the

construction and operation of the major features of the projects

have been secured, or sufficient progress made in their procurement

to indicate the probability that all these lands or interests in

lands can be secured, with titles and at prices satisfactory to

him; and (2) the Secretary has found (i) that water rights adequate

for the purposes of the project have been acquired with titles and

at prices satisfactory to him, or that such water rights have been

initiated and in his judgment can be perfected in conformity with

State law and any applicable interstate agreements and in a manner

satisfactory to him; and (ii) that such water rights can be

utilized for the purposes of the project in conformity with State

law and any applicable interstate agreements and in a manner

satisfactory to him.

(c) Division of project

Any part of a project hereunder may be designated as a division

of the project by the Secretary if he, after consultation with the

Secretary of Agriculture, deems this desirable for orderly and

efficient construction or administration. The term ''project'', as

used in subsection (b) of this section and section 590z-2 of this

title, shall be deemed to mean also ''division of a project'',

designated as provided in this subsection. Any project authorized

for construction from appropriations under the head ''Water

Conservation and Utility Projects'' in the Interior Department

Appropriation Act, 1940 (ch. 119) (53 Stat. 685), hereinafter

called the 1940 water conservation appropriation, may be designated

by the Secretary, upon agreement with the Secretary of Agriculture,

a project under this subchapter, and shall thereupon be subject to

all the provisions and requirements thereof, except those of

subsections (a) and (b) of this section.

-SOURCE-

(Aug. 11, 1939, ch. 717, Sec. 3, 53 Stat. 1419; Oct. 14, 1940, ch.

861, 54 Stat. 1120; July 16, 1943, ch. 242, Sec. 2-4, 57 Stat. 567;

July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

The head ''Water Conservation Utility Projects'' in the Interior

Department Appropriation Act, 1940 (ch. 119) (53 Stat. 685),

referred to in subsec. (c), was not classified to the Code.

-MISC2-

AMENDMENTS

1943 - Subsec. (a)(vii). Act July 16, 1943, Sec. 2, inserted

''Secretary after consultation with the'' after ''as recommended''.

Subsec. (b). Act July 16, 1943, Sec. 3, amended subsec. (b)

generally.

Subsec. (c). Act July 16, 1943, Sec. 4, added subsec. (c).

1940 - Act Oct. 14, 1940, reenacted section.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-MISC4-

CONSTRUCTION WITH SECTION 701-1 OF TITLE 33

Section as amended and modified by act Dec. 22, 1944, ch. 665,

Sec. 1(c), 58 Stat. 665, see section 701-1(c) of Title 33,

Navigation and Navigable Waters.

-TRANS-

TRANSFER OF FUNCTIONS

Works Projects Administration and its functions transferred to

Federal Works Agency by Reorg. Plan No. 1 of 1939, Sec. 301, 306,

eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, set out in the

Appendix to Title 5, Government Organization and Employees.

Functions of Federal Works Agency transferred to General Services

Administration by act June 30, 1949, ch. 288, title I, Sec. 103, 63

Stat. 380. See text of, and Historical and Revision Notes under,

section 303(b) of Title 40, Public Buildings, Property, and Works.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 590z of this title; title

33 section 701-1.

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16 USC Sec. 590z-2 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

-HEAD-

Sec. 590z-2. Repayment contracts

-STATUTE-

(a) Necessity

No water for irrigation may be delivered from the works of any

project constructed under the authority of this subchapter until

after the repayment contract or contracts required by this section

have been executed. Where practicable in the judgment of the

Secretary, the repayment contract shall be with a water users'

organization or organizations satisfactory in form and powers to

the Secretary; and otherwise the repayment contract shall be with

the individual landowners. The contract or contracts shall contain

such provisions as the Secretary deems necessary to carry out the

purposes of this subchapter and to protect the interests of the

United States.

(b) ''Reimbursable construction cost'' defined

The term ''reimbursable construction costs'' as used in this

subchapter means that part of the costs of investigating,

constructing, and operating and maintaining the project, which are

allocated by the Secretary to irrigation, and which are met by

expenditures of moneys therefor appropriated under the authority of

section 590z-10(1) of this title, plus such amounts as the

President, under section 590z(1) of this title, may determine to be

reimbursable: Provided, That administrative expenses incurred in

the District of Columbia in connection with the investigation

construction, or operation and maintenance of a project shall not

be included in the reimbursable construction costs nor shall they

be charged to the water users in any way.

(c) Terms

The repayment contract or contracts for a project shall, in their

aggregate, provide for repayment to the United States of the total

amount of the reimbursable construction costs of the project

allocated to irrigation. Each such contract shall provide, among

other things, that -

(1) The Secretary shall fix a development period for each

project of not to exceed ten years from and including the first

calendar year in which water is delivered for the lands in said

project; and during the development period water shall be

delivered to the lands in the project involved at a charge per

acre-foot, or other charge, to be fixed by the Secretary each

year and to be paid in advance of delivery of water. Such

charges shall be fixed with a view of returning such amounts as

in the Secretary's judgment are justified by the rate of project

development, including as a minimum the return over the full

development period of that part of the cost of operating and

maintaining the project, during said period, allocated by the

Secretary to irrigation; and collections of such charges in

excess of the cost of the operation and maintenance during the

development period, as thereafter determined by the Secretary,

shall be credited to the reimbursable construction costs of the

project in the manner determined by the Secretary.

(2) The United States shall operate and maintain the project

during the development period fixed for it. After the

development period, the United States shall operate and maintain

the project or any part thereof as long as is deemed necessary by

the Secretary, and shall be paid in advance for each year that

part of the estimated cost of operating and maintaining the

project for such year allocated by the Secretary to irrigation.

In the event charges due the United States are not paid when due

the United States may, at its election, suspend operations in

whole or in part.

(3) The repayment of the reimbursable construction costs,

except as to Indian lands which shall be repayable in accordance

with existing law relating to Indian lands, shall be spread in

not to exceed forty annual installments, of the number and

amounts fixed by the Secretary; and the first annual installment

under each contract shall become due and payable on the date

fixed by the Secretary, in the year next following the last year

of the development period fixed under subsection (c)(1) of this

section: Provided, That the provisions of this subsection shall

not be construed to modify the provisions of special legislation

pertaining to any particular project.

(4) The water users or their organization will take such

measures as the Secretary deems proper to secure the adoption of

proper accounting, to protect the condition of project works, and

to provide for the proper use thereof, and to protect project

lands against deterioration due to improper use of water.

Delinquencies in any payments due to the United States shall be

penalized by a penalty of not less than one-half of 1 per centum

per month. No water shall be delivered to or for any land or

party while either said land or the organization in which it is

located or said party is in arrears in the advance payment of

operation and maintenance charges or development period charges

under subsection (c)(1) of this section, or in arrears for more

than twelve months in the payment of an installment of the

reimbursable construction costs.

(5) The Secretary shall establish the size of farm units of

irrigable lands on each project in accordance with his findings

of the area sufficient in size for the support of a family on the

lands to be irrigated. No water may be delivered to or for more

than the farm unit area of irrigable lands in the project owned

by a single landowner: Provided, That this subsection shall not

apply to the United States or any agency or instrumentality

thereof, corporate or otherwise. No water shall be delivered to

or for any land, in a project area, transferred or disposed of

subsequent to approval of the project by the President, and

within three years from the time water becomes available, unless

and until it has been shown to the satisfaction of the Secretary

or his duly authorized representative that the land has been

transferred or disposed of at a price not exceeding the appraised

value as determined by the Secretary or his duly authorized

representatives, and upon proof of fraudulent representation as

to the true consideration involved the Secretary is authorized to

cancel the water right attaching to the land involved: Provided

further, That nothing herein shall be construed to create

authority to interfere with the delivery of water under prior

rights.

-SOURCE-

(Aug. 11, 1939, ch. 717, Sec. 4, as added Oct. 14, 1940, ch. 861,

54 Stat. 1121; amended July 16, 1943, ch. 242, Sec. 5, 57 Stat.

567.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in subsec. (c)(5), means act Aug. 11, 1939,

which comprises this subchapter.

-MISC2-

PRIOR PROVISIONS

A prior section 4 of act Aug. 11, 1939, ch. 717, 53 Stat. 1419,

covered authorization of appropriations, prior to the general

amendment of that act by act Oct. 14, 1940. See section 590z-10 of

this title.

AMENDMENTS

1943 - Subsec. (d). Act July 16, 1943, added subsec. (d).

EXPIRATION OF SUBSECTION (D)

Subsection (d) of this section, by the terms thereof, ceased to

be of force and effect, except as to certain projects, six months

after cessation of hostilities of World War II, which was

proclaimed at 12 o'clock noon of December 31, 1946, by Proc. No.

2714, 12 F.R. 1, set out as a note preceding section 1 of Appendix

to Title 50, War and National Defense.

EXTENSION OF VARIABLE PAYMENT PLAN

Authority of Secretary to extend benefits of variable payment

plan to organizations with which he contracts or has contracted for

the repayment of construction costs allocated to irrigation on any

project undertaken by the United States, including contracts under

this subchapter, see section 2 of Pub. L. 85-611, Aug. 8, 1958, 72

Stat. 542, set out as a note under section 485h of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 590y, 590z-1, 590z-3,

590z-4, 590z-6, 590z-7 of this title.

-CITE-

16 USC Sec. 590z-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

-HEAD-

Sec. 590z-3. Settlement of projects on agricultural basis

-STATUTE-

(a) Rehabilitation; stabilization of agricultural economy; maximum

utilization of funds

In connection with the construction or operation and maintenance

of projects undertaken pursuant to the authority of this

subchapter, and in order to further in the Great Plains and arid

and semiarid areas of the United States an effective rehabilitation

program, stabilization of the agricultural economy and maximum

utilization of funds spent for relief purposes, the Secretary of

Agriculture is authorized, pursuant to cooperative agreement with

the Secretary of the Interior, (1) to arrange for the settlement of

the projects on a sound agricultural basis, and insofar as

practicable, the location thereon of persons in need; (2) to extend

guidance and advice to settlers thereon in matters of farm

practice, soil conservation, and efficient land use; (3) to acquire

agricultural lands within the boundaries of such projects, with

titles and at prices satisfactory to him; and (4) to arrange for

the improvement of lands within the project boundaries, including

clearing, leveling, and preparing them for distribution of

irrigation water. Contracts between the United States and water

users or water users' organizations for the lease or purchase of,

or the improvement of, lands within such projects shall provide for

annual or semiannual payments to the United States, of the number

and amounts fixed by the Secretary of Agriculture. The lease,

purchase, or improvement contracts for each tract of land shall

provide in the aggregate for the return, in not to exceed fifty

years from the date the land is first settled upon, of the costs

incurred by the United States in acquiring and improving such tract

of land with funds appropriated under authority of section

590z-10(2) of this title, except administrative expenses incurred

in the District of Columbia, together with interest on unpaid

balances of said costs at not less than 3 per centum per annum.

Such lease, purchase, or improvement contracts shall also provide

for the fulfillment of such obligations related to reimbursable

construction costs and operation and maintenance charges as may be

applicable to such lands in accordance with the repayment contract

or contracts required by section 590z-2 of this title.

(b) Utilization of other agencies

For the purposes of this section, the Secretary of Agriculture

may utilize (1) in such manner as the President may direct,

services, labor, materials, or other property, including money,

supplied by the Work Projects Administration, the Civilian

Conservation Corps, the Office of Indian Affairs, the Department of

Agriculture, or any other Federal agency to the extent that the

President, upon the report and recommendations of the Secretary of

Agriculture, finds that the same should be supplied in assistance

of such improvement work, and for which the United States shall be

reimbursed in such amounts as the President may fix for each

project; and (2) such services, labor, materials, easements, or

other property, including money, as may be contributed by any State

or political subdivision thereof State agency, municipal

corporation, or other organization, or individuals. Moneys

received and accepted under (2) of this subsection shall remain

available for expenditure for the purposes for which contributed in

like manner as if said sums had been specifically appropriated for

said purposes.

(c) Advertisement for purchases or services

Where the aggregate amount involved does not exceed $300, the

provisions of section 5 of title 41 shall not apply to any purchase

or service authorized for the Department of Agriculture under this

subchapter or under the 1940 water conservation appropriation.

-SOURCE-

(Aug. 11, 1939, ch. 717, Sec. 5, as added Oct. 14, 1940, ch. 861,

54 Stat. 1122; amended July 16, 1943, ch. 242, Sec. 6, 57 Stat.

568.)

-REFTEXT-

REFERENCES IN TEXT

For 1940 water conservation appropriation citation, referred to

in subsec. (c), see section 590z-1(c) of this title.

-MISC2-

AMENDMENTS

1943 - Subsec. (c). Act July 16, 1943, added subsec. (c).

-TRANS-

TRANSFER OF FUNCTIONS

Works Projects Administration and its functions transferred to

Federal Works Agency by Reorg. Plan No. 1 of 1939, Sec. 301, 306,

eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, set out in the

Appendix to Title 5, Government Organization and Employees.

Functions of Federal Works Agency transferred to General Services

Administration by act June 30, 1949, ch. 288, title I, Sec. 103, 63

Stat. 380. See text of, and Historical and Revision Notes under,

section 303(b) of Title 40, Public Buildings, Property, and Works.

Civilian Conservation Corps and its functions consolidated with

other agencies under Federal Security Agency, to be administered by

Director of Corps under direction and supervision of Federal

Security Administration by Reorg. Plan No. 1 of 1939, Sec. 201,

207, eff. July 1, 1939, 4 F.R. 2728, 2729, 53 Stat. 1425, set out

in the Appendix to Title 5, Government Organization and Employees.

Federal Security Agency abolished by section 8 of Reorg. Plan No.

1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out

in the Appendix to Title 5, and its functions transferred to

Department of Health, Education, and Welfare by section 5 of Reorg.

Plan. No. 1 of 1953.

Department of Health, Education, and Welfare redesignated

Department of Health and Human Services by section 3508(b) of Title

20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 590z-1, 590z-4, 590z-8 of

this title.

-CITE-

16 USC Sec. 590z-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

-HEAD-

Sec. 590z-4. Cooperative agreements with other agencies

-STATUTE-

The Secretary, by cooperative agreements, may arrange with the

Department of Agriculture or with such other Federal or State

agencies, as the President may deem desirable, for cooperation in

the investigations and surveys of projects proposed under the

authority of this subchapter; and in connection with any such

project which is undertaken the Secretary by such cooperative

agreements may arrange for such cooperation in the construction or

operation and maintenance of the project as he deems desirable.

Any such cooperative agreement with the Department of Agriculture

may provide, among other things (1) that the Secretary of

Agriculture shall enter into the repayment contracts, required by

section 590z-2 of this title and shall handle the collections of

repayments and shall take over the other administrative duties

connected with the project, after the Secretary of the Interior

announces that the project is ready for operation; (2) if such

agreement be entered into after construction of the project has

been undertaken by the Secretary of the Interior and after he has

entered into the repayment contracts required by section 590z-2 of

this title, that the Secretary of Agriculture shall take over the

collection of repayments and other administrative duties connected

with the project; (3) that no water shall be delivered to or for

any land or party while the owner of said land or said party is in

arrears for more than twelve months in the payment to the United

States of money due and payable under a land contract entered into

pursuant to section 590z-3(a) of this title; and (4) that any

repayment contract with a water user or water users' organization

entered into pursuant to section 590z-2 of this title and any land

contract with the same water user or organization entered into

pursuant to section 590z-3(a) of this title, if said contracts

involve the same land, may be combined in a single instrument. The

Secretary of Agriculture is authorized to carry out the provision

of any such cooperative agreements.

-SOURCE-

(Aug. 11, 1939, ch. 717, Sec. 6, as added Oct. 14, 1940, ch. 861,

54 Stat. 1123.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 590z-1 of this title.

-CITE-

16 USC Sec. 590z-5 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

-HEAD-

Sec. 590z-5. Repealed. Aug. 17, 1954, ch. 751, Sec. 2, 68 Stat. 736

-MISC1-

Section, act Aug. 11, 1939, ch. 717, Sec. 7, as added Oct. 14,

1940, ch. 861, 54 Stat. 1124; amended June 10, 1949, ch. 195, 63

Stat. 171, related to limitations on expenditures under former

sections 590r to 590x of this title.

-CITE-

16 USC Sec. 590z-6 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

-HEAD-

Sec. 590z-6. Disposition of receipts from repayment contracts and

project operations

-STATUTE-

All payments made to the United States under repayment contracts

on account of reimbursable construction costs, including penalties

collected for delinquencies in such payments, and all other

receipts from project operations pursuant to sections 590z-2 and

590z-7 of this title shall be covered into the Treasury to the

credit of miscellaneous receipts. Charges collected during the

development period of a project under section 590z-2(c)(1) of this

title, excepting such amounts thereof as may be credited to

reimbursable construction costs, and charges collected for the

operation and maintenance of a project under section 590z-2(c)(2)

of this title shall be available for expenditure for operation and

maintenance of said project in like manner as if said funds had

been specifically appropriated for said purposes.

-SOURCE-

(Aug. 11, 1939, ch. 717, Sec. 8, as added Oct. 14, 1940, ch. 861,

54 Stat. 1124.)

-CITE-

16 USC Sec. 590z-7 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

-HEAD-

Sec. 590z-7. Provisions for furnishing surplus power and municipal

or miscellaneous water supplies

-STATUTE-

In connection with any project undertaken pursuant to this

subchapter, provisions, including contracts of sale, may be made

for furnishing municipal or miscellaneous water supplies, or for

developing and furnishing power in addition to the power

requirements of irrigation: Provided, That expenditures from

appropriations made directly pursuant to the authority contained in

section 590z-10(1) of this title to meet costs allocated to

municipal or miscellaneous water supplies or surplus power shall

not exceed $500,000 for any one project: Provided further, That no

contract relating to a water supply for municipal or miscellaneous

purposes or to electric power shall be made unless, in the judgment

of the Secretary, it will not impair the efficiency of the project

for irrigation purposes. On any project where such provisions are

made, the Secretary shall allocate to municipal or miscellaneous

water purposes or to surplus power the part of the estimated

construction costs of the project which he deems properly so

allocable; and such allocations shall not be included in the

reimbursable construction costs covered by the repayment contract

or contracts required under section 590z-2 of this title. All

right, title, and interest in the facilities provided for such

municipal or miscellaneous water supplies or surplus power and the

revenues derived therefrom shall be and remain in the United

States. Contracts for such municipal or miscellaneous water

supplies or for such surplus power shall be at such rates as, in

the Secretary's judgment, will produce revenues at least sufficient

to cover the appropriate share of the annual operation and

maintenance cost of the project and such fixed charges, including

interest, as the Secretary deems proper. Contracts for the sale of

surplus power shall be for periods not to exceed forty years and

contracts for water supply for municipal or miscellaneous purposes

shall be for such periods as the Secretary may determine and may

include such renewal options as the Secretary deems desirable: And

provided further, That in sales or leases of such power, preference

shall be given to municipalities and other public corporations or

agencies; and also to cooperatives and other nonprofit

organizations financed in whole or in part by loans made pursuant

to the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) and

any amendments thereof.

-SOURCE-

(Aug. 11, 1939, ch. 717, Sec. 9, as added Oct. 14, 1940, ch. 861,

54 Stat. 1124.)

-REFTEXT-

REFERENCES IN TEXT

The Rural Electrification Act of 1936, referred to in text, is

act May 20, 1936, ch. 432, 49 Stat. 1363, as amended, which is

classified generally to chapter 31 (Sec. 901 et seq.) of Title 7,

Agriculture. For complete classification of this Act to the Code,

see section 901 of Title 7 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 590z-6 of this title.

-CITE-

16 USC Sec. 590z-8 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

-HEAD-

Sec. 590z-8. Authority of Secretary of the Interior over lands,

contracts, water rights, etc.

-STATUTE-

(a) Utilization of lands

In connection with any project constructed pursuant to the

provisions of this subchapter, the Secretary shall have the same

authority, with regard to the utilization of lands owned by the

United States, other than lands acquired under section 590z-3 of

this title as he has in connection with projects undertaken

pursuant to the Federal reclamation laws, Act of June 17, 1902 (32

Stat. 388), and Acts amendatory thereof or supplementary thereto.

(b) Contracts, land acquisitions, etc.

In connection with the construction or operation and maintenance

of a project undertaken pursuant to the authority of this

subchapter, the Secretary shall have with respect to construction

and supply contracts, and with respect to the acquisition,

exchange, and disposition of lands, interest in lands, water

rights, and other property and the relocation thereof, the same

authority, including authority to acquire lands and interests in

land and water rights with titles and at prices satisfactory to

him, which he has in connection with projects under the Federal

reclamation laws.

-SOURCE-

(Aug. 11, 1939, ch. 717, Sec. 10, as added Oct. 14, 1940, ch. 861,

54 Stat. 1125.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation laws, referred to in subsecs. (a) and

(b), are classified generally to chapter 12 (Sec. 371 et seq.) of

Title 43, Public Lands.

Act of June 17, 1902 (32 Stat. 388), referred to in subsec. (a),

is popularly known as the ''Reclamation Act'' and is classified

generally to chapter 12 (Sec. 371 et seq.) of Title 43. For

complete classification of this Act to the Code, see Short Title

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

-CITE-

16 USC Sec. 590z-9 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

-HEAD-

Sec. 590z-9. Powers and duties of Secretaries of the Interior and

Agriculture; rules and regulations

-STATUTE-

The Secretary of the Interior and the Secretary of Agriculture

are authorized to perform any and all Acts (FOOTNOTE 1) and to make

such rules and regulations as may be necessary and proper for the

purpose of carrying out their respective functions under this

subchapter and for the purpose of carrying the provisions of this

subchapter into full force and effect.

(FOOTNOTE 1) So in original.

-SOURCE-

(Aug. 11, 1939, ch. 717, Sec. 11, as added Oct. 14, 1940, ch. 861,

54 Stat. 1125.)

-TRANS-

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, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 590z-10 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

-HEAD-

Sec. 590z-10. Authorization of appropriations

-STATUTE-

To carry out the purposes of this subchapter there is hereby

authorized to be appropriated, out of any money in the Treasury not

otherwise appropriated (1) for the Department of the Interior such

sums as may be necessary to carry out its functions under this

subchapter, and (2) for the Department of Agriculture such sums as

may be necessary to carry out its functions under this subchapter.

-SOURCE-

(Aug. 11, 1939, ch. 717, Sec. 12, as added Oct. 14, 1940, ch. 861,

54 Stat. 1125.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 590y, 590z-1, 590z-2,

590z-3, 590z-7 of this title.

-CITE-

16 USC Sec. 590z-11 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3C - WATER CONSERVATION

SUBCHAPTER II - CONSERVATION AND UTILIZATION PROJECTS

-HEAD-

Sec. 590z-11. Delegation of powers and duties by Secretary of the

Interior

-STATUTE-

For the purpose of facilitating and simplifying the

administration of the Federal reclamation laws (Act of June 17,

1902, 32 Stat. 388, and Acts amendatory thereof or supplementary

thereto) and this subchapter, the Secretary of the Interior is

authorized to delegate, from time to time and to the extent and

under such regulations as he deems proper, his powers and duties

under said laws to the Commissioner of Reclamation, an Assistant

Commissioner, or the officer in charge of any office, division,

district, or project of the Bureau of Reclamation.

-SOURCE-

(Dec. 19, 1941, ch. 595, 55 Stat. 842.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation laws, referred to in text, are classified

generally to chapter 12 (Sec. 371 et seq.) of Title 43, Public

Lands.

Act of June 17, 1902, 32 Stat. 388, referred to in text, is

popularly known as the ''Reclamation Act'' and is classified

generally to chapter 12 (Sec. 371 et seq.) of Title 43. For

complete classification of this Act to the Code, see Short Title

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

-COD-

CODIFICATION

This section was not enacted as part of act Aug. 11, 1939, ch.

717, 53 Stat. 1418, which comprises this subchapter.

-TRANS-

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, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-