US (United States) Code. Title 43. Chapter 12: Reclamation and irrigation of lands by Federal Government

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

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RETROACTIVE EFFECT OF 1966 AMENDMENT

Amendment by Pub. L. 89-553 not to be applicable to or affect in

any way the terms on which any loan or grant was made prior to the

effective date of Pub. L. 89-553, Sept. 2, 1966, see section 2 of

Pub. L. 89-553, set out as a note under section 422b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390cc, 422d, 422f, 422g

of this title.

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

-End-

-CITE-

43 USC Sec. 422f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-

Sec. 422f. Proposals for projects previously authorized; waiver of

requirements; approval; negotiation of contract

-STATUTE-

Any proposal with respect to the construction of a project which

has theretofore been authorized for construction under the Federal

reclamation laws shall be made in like manner as a proposal under

section 422d of this title, but the Secretary may waive such

requirements of subsections (a) and (b) of section 422d of this

title as he finds to be duplicative of, or rendered unnecessary or

impossible by, action already taken by the United States. Upon

approval of any such proposal by the Secretary he may negotiate and

execute a contract which conforms, as nearly as may be, to the

provisions of section 422e of this title.

-SOURCE-

(Aug. 6, 1956, ch. 972, Sec. 6, 70 Stat. 1046.)

-REFTEXT-

REFERENCES IN TEXT

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

section 422b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 422d of this title.

-End-

-CITE-

43 USC Sec. 422g 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-

Sec. 422g. Information from Federal agencies; costs

-STATUTE-

Upon request of an organization which has made or intends to make

a proposal under this subchapter, the head of any Federal

department or agency may make available to the organization any

existing engineering, economic, or hydrologic information and

printed material that it may have and that will be useful in

connection with the planning, design, construction, or operation

and maintenance of the project concerned. The reasonable cost of

any plans, specifications, and other unpublished material furnished

by the Secretary pursuant to this section and the cost of making

and administering any loan under this subchapter shall, to the

extent that they would not be nonreimbursable in the case of a

project constructed under the Federal reclamation laws, be treated

as a loan and covered in the provisions of the contract entered

into under section 422e of this title unless they are otherwise

paid for by the organization.

-SOURCE-

(Aug. 6, 1956, ch. 972, Sec. 7, 70 Stat. 1047.)

-REFTEXT-

REFERENCES IN TEXT

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

section 422b of this title.

-End-

-CITE-

43 USC Sec. 422h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-

Sec. 422h. Planning and construction; transfer of funds

-STATUTE-

The planning and construction of projects undertaken pursuant to

this subchapter shall be subject to all procedural requirements and

other provisions of the Fish and Wildlife Coordination Act (48

Stat. 401), as amended (16 U.S.C. 661 et seq.). The Secretary shall

transfer to the Fish and Wildlife Service or to the National Marine

Fisheries Service, out of appropriations or other funds made

available under this subchapter, such funds as may be necessary to

conduct the investigations required to carry out the purposes of

this section.

-SOURCE-

(Aug. 6, 1956, ch. 972, Sec. 8, 70 Stat. 1047; Pub. L. 89-553, Sec.

1(5), Sept. 2, 1966, 80 Stat. 377; Pub. L. 99-546, title III, Sec.

308, Oct. 27, 1986, 100 Stat. 3055.)

-REFTEXT-

REFERENCES IN TEXT

The Fish and Wildlife Coordination Act (48 U.S.C. 401), as

amended, referred to in text, is act Mar. 10, 1934, ch. 55, 48

Stat. 401, as amended, which is classified generally to sections

661 to 666c of Title 16, Conservation. For complete classification

of this Act to the Code, see Short Title note set out under section

661 of Title 16 and Tables.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-546 inserted provisions which related to

transfer of funds for conduct of investigations to Fish and

Wildlife Service or to National Marine Fisheries Service.

1966 - Pub. L. 89-553 substituted "the Fish and Wildlife

Coordination Act, as amended" for "the Act of Aug. 14, 1946 (60

Stat. 1080)".

-End-

-CITE-

43 USC Sec. 422i 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-

Sec. 422i. Rules and regulations

-STATUTE-

The Secretary is authorized to perform any and all acts and to

make such rules and regulations as may be necessary or proper in

carrying out the provisions of this subchapter.

-SOURCE-

(Aug. 6, 1956, ch. 972, Sec. 9, 70 Stat. 1047.)

-End-

-CITE-

43 USC Sec. 422j 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-

Sec. 422j. Appropriations; notice to Congress of receipt of

proposal; funds to initiate proposal; availability of

appropriations; reimbursement; limitations on expenditures in any

single State; waiver

-STATUTE-

There are authorized to be appropriated, such sums as may be

necessary, but not to exceed $600,000,000, to carry out the

provisions of this subchapter and, effective October 1, 1986, not

to exceed an additional $600,000,000: Provided, That the Secretary

shall advise the Congress promptly on the receipt of each proposal

referred to in section 422c of this title, and no contract shall

become effective until appropriated funds are available to initiate

the specific proposal covered by each contract. All such

appropriations shall remain available until expended and shall,

insofar as they are used to finance loans made under this

subchapter, be reimbursable in the manner hereinabove provided. Not

more than 20 percent of the total amount of additional funds

authorized to be appropriated effective October 1, 1986, for loans

and grants pursuant to this subchapter shall be for projects in any

single State: Provided, That beginning five years after October 27,

1986, the Secretary is authorized to waive the 20 percent

limitation for loans and grants which meet the purposes set forth

in section 422a of this title: Provided further, That the decision

of the Secretary to waive the limitation shall be submitted to the

Congress together with the project proposal pursuant to section

422d(c) of this title and shall become effective only if the

Congress has not, within 60 legislative days, passed a joint

resolution of disapproval for such a waiver.

-SOURCE-

(Aug. 6, 1956, ch. 972, Sec. 10, 70 Stat. 1047; Pub. L. 89-553,

Sec. 1(6), Sept. 2, 1966, 80 Stat. 377; Pub. L. 92-167, Sec. 1(7),

Nov. 24, 1971, 85 Stat. 488; Pub. L. 94-181, Sec. 1(g), Dec. 27,

1975, 89 Stat. 1050; Pub. L. 96-336, Sec. 8(a), Sept. 4, 1980, 94

Stat. 1065; Pub. L. 99-546, title III, Sec. 309, Oct. 27, 1986, 100

Stat. 3055.)

-COD-

CODIFICATION

"October 27, 1986," substituted in text for "the date of

enactment of this Act", meaning the date of enactment of Pub. L.

99-546, which amended this section, rather than August 6, 1956, the

date of enactment of this section, as the probable intent of

Congress.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-546 inserted "and effective October 1, 1986,

not to exceed an additional $600,000,000" and inserted provisions

at end limiting allocation for projects in any single State to 20

percent of additional funds authorized to be appropriated effective

Oct. 1, 1986, authorizing waiver of that limitation, and requiring

submission of waiver decision to Congress.

1980 - Pub. L. 96-336 substituted "$600,000,000" for

"$400,000,000".

1975 - Pub. L. 94-181 substituted "$400,000,000" for

"$300,000,000".

1971 - Pub. L. 92-167 substituted "$300,000,000" for

"$200,000,000".

1966 - Pub. L. 89-553 substituted "$200,000,000" for

"$100,000,000".

EFFECTIVE DATE OF 1980 AMENDMENT

Section 8(a) of Pub. L. 96-336 provided that the amendment made

by such section 8(a) is effective Oct. 1, 1980.

-End-

-CITE-

43 USC Sec. 422k 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-

Sec. 422k. Supplement to Federal reclamation laws; short title

-STATUTE-

This subchapter shall be a supplement to the Federal reclamation

laws and may be cited as the Small Reclamation Projects Act of

1956.

-SOURCE-

(Aug. 6, 1956, ch. 972, Sec. 11, 70 Stat. 1047.)

-REFTEXT-

REFERENCES IN TEXT

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

section 422b of this title.

-End-

-CITE-

43 USC Sec. 422k-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-

Sec. 422k-1. Loan contracts for deferment of repayment

installments; amendment or supplementation

-STATUTE-

A loan contract negotiated and executed pursuant to this

subchapter may be amended or supplemented for the purpose of

deferring repayment installments in accordance with the provisions

of section 485b-1(b) of this title.

-SOURCE-

(Aug. 6, 1956, ch. 972, Sec. 13, as added Pub. L. 92-167, Sec.

1(8), Nov. 24, 1971, 85 Stat. 488.)

-End-

-CITE-

43 USC Sec. 422l 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-

Sec. 422l. Application of this subchapter to Hawaii

-STATUTE-

This subchapter as heretofore and hereafter amended, shall apply

to the State of Hawaii.

-SOURCE-

(Pub. L. 86-624, Sec. 31, July 12, 1960, 74 Stat. 421.)

-COD-

CODIFICATION

Section was enacted as a part of the Hawaii Omnibus Act, and not

as a part of the Small Reclamation Projects Act of 1956 which

comprises this subchapter.

-End-

-CITE-

43 USC SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-End-

-CITE-

43 USC Sec. 423 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 423. Permanently unproductive lands; exclusion from project;

disposition of water right

-STATUTE-

All lands found by the classification made under the supervision

of the Board of Survey and Adjustments (House Document 201, 69th

Congress, 1st Session, checked and modified as outlined in General

Recommendations numbered 2 and 4, Page 60 of said document), to be

permanently unproductive shall be excluded from the project and no

water shall be delivered to them after the date of such exclusion

unless and until they are restored to the project. Except as herein

otherwise provided, the water right formerly appurtenant to such

permanently unproductive lands shall be disposed of by the United

States under the reclamation law: Provided, That the water users on

the projects shall have a preference right to the use of the water:

And provided further, That any surplus water temporarily available

may be furnished upon a rental basis for use on lands excluded from

the project under this section, on terms and conditions to be

approved by the Secretary of the Interior.

-SOURCE-

(May 25, 1926, ch. 383, Secs. 40, 41, 44 Stat. 647.)

-MISC1-

SECTIONS 423 TO 423G AND 610 UNAFFECTED BY SECTIONS 451 TO 451K OF

THIS TITLE

Section 10 of act Aug. 13, 1953, ch. 428, 67 Stat. 568, provided

in part that: "Nothing contained in this Act [enacting sections 451

to 451k of this title] shall be held to repeal, supersede, or

supplement the provisions for exchange and matters related thereto

contained in the Act of May 25, 1926 (44 Stat. 636), as amended and

supplemented [sections 423 to 423g and 610 of this title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 423b, 423d, 423f, 424,

424b, 424c, 424d of this title.

-End-

-CITE-

43 USC Sec. 423a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 423a. Construction charges on permanently unproductive lands

already paid; disposition

-STATUTE-

The construction charges prior to May 25, 1926, paid on

permanently unproductive lands excluded from the project shall be

applied as a credit on charges due or to become due on any

remaining irrigable land covered by the same water-right contract

or land taken in exchange as provided in section 423c of this

title. If the charges so paid exceed the amount of all water-right

charges due and unpaid, plus the construction charges not yet due,

the balance shall be paid in cash to the holder of the water-right

contract covering the land so excluded or to the irrigation

district affected; which in turn shall be charged with the

responsibility of making suitable adjustment with the landowners

involved. Should all the irrigable lands of a water-right applicant

be excluded from the project as permanently unproductive, and no

exchange be made as provided in said section, the total

construction charges paid before May 25, 1926, less any accrued

charges on account of operation and maintenance, shall be refunded

in cash, the water-right contract shall be canceled, and all liens

on account of water-right charges shall be released.

-SOURCE-

(May 25, 1926, ch. 383, Sec. 42, 44 Stat. 647.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 423b, 423c, 423d, 423f,

424d of this title.

-End-

-CITE-

43 USC Sec. 423b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 423b. Suspension of payment of construction charges against

areas temporarily unproductive

-STATUTE-

The payment of all construction charges against said areas

temporarily unproductive shall remain suspended until the Secretary

of the Interior shall declare them to be possessed of sufficient

productive power properly to be placed in a paying class, whereupon

payment of construction charges against such areas shall be resumed

or shall begin, as the case may be. Any payments made on such areas

shall be credited to the unpaid balance of the construction charge

on the productive area of each unit. Such credit shall be applied

on and after April 23, 1930, which shall not be construed to

require revision of accounts adjusted before April 23, 1930, under

the provisions of this section as originally enacted. While said

lands so classified as temporarily unproductive and the

construction charges against them are suspended, water for

irrigation purposes may be furnished upon payment of the usual

operation and maintenance charges, or such other charges as may be

fixed by the Secretary of the Interior the advance payment of which

may be required, in the discretion of the said Secretary. Should

said lands temporarily classed as unproductive, or any of them, in

the future be found by the Secretary of the Interior to be

permanently unproductive, the charges against them shall be charged

off as a permanent loss to the reclamation fund and they shall

thereupon be treated in the same manner as other permanently

unproductive lands as provided in sections 423 to 423g and 610 of

this title except that no refund shall be made of the construction

charges paid on such unproductive areas and applied as a credit on

productive areas as herein authorized.

-SOURCE-

(May 25, 1926, ch. 383, Sec. 43, 44 Stat. 647; Apr. 23, 1930, ch.

205, 46 Stat. 249.)

-REFTEXT-

REFERENCES IN TEXT

Sections 423 to 423g and 610 of this title, referred to in text,

was in the original "this Act", meaning act of May 25, 1926, ch.

383, 44 Stat. 636, as amended, which enacted sections 423 to 423g

and 610 of this title. Section 610 of this title was omitted from

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

Tables.

-MISC1-

AMENDMENTS

1930 - Act Apr. 23, 1930, provided that the credit shall be

applied on or after April 23, 1930, and was not to be construed as

requiring revision of accounts adjusted before such date, and that

no refund shall be made of the charges on unproductive areas and

applied as a credit on productive areas.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 423d, 423f, 424, 424b,

424d of this title.

-End-

-CITE-

43 USC Sec. 423c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 423c. Exchange of unpatented entries; entries, farms or

private lands, eliminated from project; rights not assignable;

rights of lienholders; preference to ex-service men

-STATUTE-

Settlers who have unpatented entries under any of the public land

laws embracing lands which have been eliminated from the project,

or whose entries under water rights have been so reduced that the

remaining area is insufficient to support a family, shall be

entitled to exchange their entries for other public lands within

the same project or any other existing Federal reclamation project,

with credit under the homestead laws for residence, improvement,

and cultivation made or performed by them upon their original

entries and with credit upon the new entry for any construction

charges paid upon or in connection with the original entry:

Provided, That when satisfactory final proof has been made on the

original entry it shall not be necessary to submit final proof upon

the lieu entry. Any entryman whose entry or farm unit is reduced by

the elimination of permanently unproductive land shall be entitled

to enter an equal amount of available public land on the same

project contiguous to or in the vicinity of the farm unit reduced

by elimination, with all credits in this section hereinbefore

specified in lieu of the lands eliminated. Owners of private lands

so eliminated from the project may, subject to the approval of the

Secretary of the Interior, and free from all encumbrances,

relinquish and convey to the United States lands so owned and held

by them, not exceeding an area of one hundred and sixty acres, and

select an equal area of vacant public land within the irrigable

area of the same or any other Federal reclamation project, with

credit upon the construction costs of the lands selected to the

extent and in the amount paid upon or in connection with their

relinquished lands, and the Secretary of the Interior is authorized

to revise and consolidate farm units, so far as this may be made

necessary or advisable, with a view to carrying out the provisions

of this section: Provided further, That the rights extended under

this section shall not be assignable: And provided further, That in

administering the provisions of this section and section 423a of

this title, the Secretary of the Interior shall take into

consideration the rights and interests of lien holders, as to him

may seem just and equitable: Provided further, That where two

entrymen apply for the same farm unit under the exchange provisions

of this section, only one whom (!1) is an ex-service man, as

defined by section 438 (!2) of this title, the ex-service man shall

have a preference in making such exchange.

-SOURCE-

(May 25, 1926, ch. 383, Sec. 44, 44 Stat. 648.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in text, are classified

generally to this title.

Section 438 of this title, referred to in text, was repealed by

act Aug. 13, 1953, ch. 428, Sec. 10, 67 Stat. 568. For provisions

giving preference to ex-servicemen, see section 451g of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 423a, 423b, 423d, 423f,

424b, 424d of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "one of whom".

(!2) See References in Text note below.

-End-

-CITE-

43 USC Sec. 423d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 423d. Amendment of existing water right contracts by Secretary

of the Interior

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

to amend any existing water-right contract to the extent necessary

to carry out the provisions of sections 423 to 423g and 610 of this

title, upon request of the holder of such contract. The Secretary

of the Interior, as a condition precedent to the amendment of any

existing water-right contract, shall require the execution of a

contract by a water-users' association or irrigation district

whereby such association or irrigation district shall be required

to pay to the United States, without regard to default in the

payment of charges against any individual farm unit or tract of

irrigable land, the entire charges against all productive lands

remaining in the project after the permanently unproductive lands

shall have been eliminated and the charges against temporarily

unproductive areas shall have been suspended in the manner and to

the extent authorized and directed by sections 423 to 423g and 610

of this title.

The Secretary is authorized, in his discretion, upon request of

individual water users or districts, and upon performance of the

condition precedent above set forth, to amend any existing

water-right contract to provide for increase in the time for

payment of construction charges, which have not been accrued, to

the extent that may be necessary under the conditions in each case,

subject to the limitation that there shall be allowed for repayment

not more than forty years from the date the first payment matured

under the original contract, and also to extend the time for

payment of operation and maintenance or water-rental charges due

and unpaid for such period as in his judgment may be necessary not

exceeding five years, the charges so extended to bear interest

payable annually at the rate of 6 per centum per annum until paid,

and to contract for the payment of the construction charges then

due and unpaid within such term of years as the Secretary may find

to be necessary, with interest payable annually at the rate of 6

per centum per annum until paid.

The Secretary of the Interior is authorized to complete and

execute the supplemental contract, being negotiated on May 25,

1926, and which had, on that date, been approved as to form by the

Secretary, between the United States and the Belle Fourche

Irrigation District and at the expiration of said supplemental

contract to enter into a permanent contract on behalf of the United

States with said District in accordance with the terms of said

supplemental contract.

-SOURCE-

(May 25, 1926, ch. 383, Sec. 45, 44 Stat. 648.)

-REFTEXT-

REFERENCES IN TEXT

Sections 423 to 423g and 610 of this title, referred to in text,

was in the original "this Act", meaning act of May 25, 1926, ch.

383, 44 Stat. 636, as amended, which enacted sections 423 to 423g

and 610 of this title. Section 610 of this title was omitted from

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

Tables.

-COD-

CODIFICATION

Section constitutes a part of section 45 of act May 25, 1926. The

remainder of said section 45 (the third par. and the fourth par.,

except the final proviso, which is classified as the last par. of

this section) has been omitted.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 423b, 423f, 424d of this

title.

-End-

-CITE-

43 USC Sec. 423e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 423e. Completion of new projects or new division; execution of

contract with district as condition precedent to delivery of

water; contents of contract; cooperation of States with United

States; limitations on sale of land

-STATUTE-

No water shall be delivered upon the completion of any new

project or new division of a project until a contract or contracts

in form approved by the Secretary of the Interior shall have been

made with an irrigation district or irrigation districts organized

under State law providing for payment by the district or districts

of the cost of constructing, operating, and maintaining the works

during the time they are in control of the United States, such cost

of constructing to be repaid within such terms of years as the

Secretary may find to be necessary, in any event not more than

forty years from the date of public notice hereinafter referred to,

and the execution of said contract or contracts shall have been

confirmed by a decree of a court of competent jurisdiction. Prior

to or in connection with the settlement and development of each of

these projects, the Secretary of the Interior is authorized in his

discretion to enter into agreement with the proper authorities of

the State or States wherein said projects or divisions are located

whereby such State or States shall cooperate with the United States

in promoting the settlement of the projects or divisions after

completion and in the securing and selecting of settlers. Such

contract or contracts with irrigation districts hereinbefore

referred to shall further provide that all irrigable land held in

private ownership by any one owner in excess of one hundred and

sixty irrigable acres shall be appraised in a manner to be

prescribed by the Secretary of the Interior and the sale prices

thereof fixed by the Secretary on the basis of its actual bona fide

value at the date of appraisal without reference to the proposed

construction of the irrigation works; and that no such excess lands

so held shall receive water from any project or division if the

owners thereof shall refuse to execute valid recordable contracts

for the sale of such lands under terms and conditions satisfactory

to the Secretary of the Interior and at prices not to exceed those

fixed by the Secretary of the Interior; and that until one-half the

construction charges against said lands shall have been fully paid

no sale of any such lands shall carry the right to receive water

unless and until the purchase price involved in such sale is

approved by the Secretary of the Interior and that upon proof of

fraudulent representation as to the true consideration involved in

such sales the Secretary of the Interior is authorized to cancel

the water right attaching to the land involved in such fraudulent

sales: Provided, however, That if excess land is acquired by

foreclosure or other process of law, by conveyance in satisfaction

of mortgages, by inheritance, or by devise, water therefor may be

furnished temporarily for a period not exceeding five years from

the effective date of such acquisition, delivery of water

thereafter ceasing until the transfer thereof to a landowner duly

qualified to secure water therefor: Provided further, That the

operation and maintenance charges on account of lands in said

projects and divisions shall be paid annually in advance not later

than March 1. It shall be the duty of the Secretary of the Interior

to give public notice when water is actually available, and the

operation and maintenance charges payable to the United States for

the first year after such public notice shall be transferred to and

paid as a part of the construction payment.

-SOURCE-

(May 25, 1926, ch. 383, Sec. 46, 44 Stat. 649; July 11, 1956, ch.

563, Sec. 1, 70 Stat. 524.)

-MISC1-

AMENDMENTS

1956 - Act July 11, 1956, authorized delivery of water for not

more than five years to excess lands acquired by foreclosure or

other process of law, by conveyance in satisfaction of mortgages,

by inheritance, or by devise.

IMPERIAL IRRIGATION DISTRICT OF CALIFORNIA; NONAPPLICABILITY OF

FEDERAL RECLAMATION LAWS

Pub. L. 96-570, Sec. 4, Dec. 22, 1980, 94 Stat. 3340, provided

that: "The following provisions of the Federal reclamation laws

shall not apply to lands within the Imperial Irrigation District of

California after the date of enactment of this Act [Dec. 22, 1980]:

"(a) section 5 of the Act entitled 'An Act appropriating the

receipts from the sale and disposal of public lands in certain

States and Territories to the construction of irrigation works

for the reclamation of arid lands', approved June 17, 1902 (43

U.S.C. 431);

"(b) section 46 of the Act entitled 'An Act to adjust

water-right charges, to grant certain other relief on the Federal

irrigation projects, and for other purposes', approved May 25,

1926 (42 U.S.C. 423e) [this section]; and

"(c) any other provision of law amendatory or supplementary to

either of such sections."

AMENDMENT OF EXISTING CONTRACTS

Section 3 of act July 11, 1956, provided that: "The Secretary of

the Interior is authorized, upon request of any holder of an

existing contract under the Federal reclamation laws (Act of June

17, 1902, 32 Stat. 388, and Acts amendatory thereof or

supplementary thereto), to amend the contract to conform to the

provisions of sections 1 and 2 of this Act [amending sections 423e

and 544 of this title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390ii, 390ww, 423b, 423d,

423f, 423h, 424d of this title.

-End-

-CITE-

43 USC Sec. 423f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 423f. Purpose of sections 423 to 423g and 610

-STATUTE-

The purpose of sections 423 to 423g and 610 of this title is the

rehabilitation of the several reclamation projects and the insuring

of their future success by placing them upon a sound operative and

business basis, and the Secretary of the Interior is directed to

administer said sections to those ends.

-SOURCE-

(May 25, 1926, ch. 383, Sec. 48, 44 Stat. 650.)

-REFTEXT-

REFERENCES IN TEXT

Sections 423 to 423g and 610 of this title, referred to in text,

was in the original "this Act", meaning act of May 25, 1926, ch.

383, 44 Stat. 636, as amended, which enacted sections 423 to 423g

and 610 of this title. Section 610 of this title has been omitted

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

see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 423b, 423d, 424d of this

title.

-End-

-CITE-

43 USC Sec. 423g 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 423g. Adjustment of water right charges as final adjudication

on projects and divisions named

-STATUTE-

The adjustments under sections 1 to 40, inclusive, of the Act of

Congress of May 25, 1926, 44 Statutes 636, are declared to be an

incident of the operation of the "reclamation law," a final

adjudication on the projects and divisions named in such sections

under the authority contained in section 466 of this title, and

shall not after May 25, 1926, be construed to be the basis of

reimbursement to the "reclamation fund" from the general fund of

the Treasury or by the diversion to the "reclamation fund" of

revenue of the United States not on May 25, 1926, required by law

to be credited to such "reclamation fund."

-SOURCE-

(May 25, 1926, ch. 383, Sec. 50, 44 Stat. 650.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1 to 40 of the Act of May 25, 1926, referred to in text,

are not classified to the Code.

The reclamation law, referred to in text, probably means act June

17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 423b, 423d, 423f, 424d of

this title.

-End-

-CITE-

43 USC Sec. 423h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 423h. Delivery of water to excess lands upon death of spouse

-STATUTE-

Where the death of a husband or wife causes lands in private

ownership to become excess lands, as that term is used in section

423e of this title, and those lands had theretofore been eligible

to receive water from a project under the Federal reclamation laws

(Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereto)

without execution of a recordable contract under section 423e of

this title, the Secretary of the Interior is authorized to furnish

water to them, without requiring execution of such a contract, so

long as they remain in the ownership of the surviving spouse:

Provided, That in the event of the remarriage of the surviving

spouse, such lands shall be governed by applicable law without

regard to the provisions of this section.

-SOURCE-

(Pub. L. 86-684, Sept. 2, 1960, 74 Stat. 732.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-End-

-CITE-

43 USC Sec. 424 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 424. Disposal of lands classified as temporarily or

permanently unproductive; persons who may take

-STATUTE-

The Secretary of the Interior, hereinafter styled the Secretary,

is authorized in connection with Federal irrigation projects to

dispose of vacant public lands designated under sections 423 to

423g and 610 of this title, as temporarily unproductive or

permanently unproductive to resident farm owners, and resident

entrymen on Federal irrigation projects, in accordance with the

provisions of sections 424 to 424e of this title.

-SOURCE-

(May 16, 1930, ch. 292, Sec. 1, 46 Stat. 367.)

-REFTEXT-

REFERENCES IN TEXT

Sections 423 to 423g and 610 of this title, referred to in text,

was in the original "the Act of May 25, 1926", meaning act of May

25, 1926, ch. 383, 44 Stat. 636, as amended, which enacted sections

423 to 423g and 610 of this title. Section 610 of this title has

been omitted from the Code. For complete classification of this Act

to the Code, see Tables.

Hereinafter, referred to in text, means in sections 424a to 424d

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 424a, 424b, 424d, 424e of

this title.

-End-

-CITE-

43 USC Sec. 424a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 424a. Sale of unproductive lands; terms; area purchasable;

tracts included

-STATUTE-

The Secretary is authorized to sell such lands to resident farm

owners or resident entrymen, on the project upon which such land is

located, at prices not less than that fixed by independent

appraisal approved by the Secretary, and upon such terms and at

private sale or at public auction as he may prescribe: Provided,

That no such resident farm owner or resident entryman shall be

permitted to purchase under sections 424 to 424e of this title more

than one hundred and sixty acres of such land, or an area which,

together with land already owned on such Federal irrigation

project, shall exceed three hundred and twenty acres: And provided

further, That the authority given hereunder shall apply not only to

tracts wholly classified as temporarily or permanently

unproductive, but also to all tracts of public lands within Federal

irrigation projects which by reason of the inclusion of lands

classified as temporarily or permanently unproductive are found by

the Secretary to be insufficient to support a family and to pay

water charges.

-SOURCE-

(May 16, 1930, ch. 292, Sec. 2, 46 Stat. 367.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 424, 424b, 424d, 424e of

this title.

-End-

-CITE-

43 USC Sec. 424b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 424b. Application of certain statutes to lands sold

-STATUTE-

All "permanently unproductive" and "temporarily unproductive"

land now or hereafter designated under sections 423 to 423g and 610

of this title, shall, when sold, remain subject to sections 423 and

423b of this title. The exchange provisions of section 423c of this

title, shall not be applicable to the land purchased under sections

424 to 424e of this title.

-SOURCE-

(May 16, 1930, ch. 292, Sec. 3, 46 Stat. 367.)

-REFTEXT-

REFERENCES IN TEXT

Sections 423 to 423g and 610 of this title, referred to in text,

was in the original "the Act of May 25, 1926", meaning act of May

25, 1926, ch. 383, 44 Stat. 636, as amended, which enacted sections

423 to 423g and 610 of this title. Section 610 of this title was

omitted from the Code. For complete classification of this Act to

the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 424, 424a, 424d, 424e of

this title.

-End-

-CITE-

43 USC Sec. 424c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 424c. Issuance of patents; recitals in patents; reservations

-STATUTE-

After the purchaser has paid to the United States all amounts due

on the purchase price of said land, a patent shall issue which

shall recite that the lands so patented have been classified in

whole or in part as temporarily or permanently unproductive, as the

case may be, under sections 423 to 423g and 610 of this title. Such

patents shall also contain a reservation of a lien for water

charges when deemed appropriate by the Secretary and reservations

of coal or other mineral rights to the same extent as patents

issued under the homestead laws.

-SOURCE-

(May 16, 1930, ch. 292, Sec. 4, 46 Stat. 367.)

-REFTEXT-

REFERENCES IN TEXT

Sections 423 to 423g and 610 of this title, referred to in text,

was in the original "the Adjustment Act of May 25, 1926", meaning

act of May 25, 1926, ch. 383, 44 Stat. 636, as amended, which

enacted sections 423 to 423g and 610 of this title. Section 610 of

this title was omitted from the Code. For complete classification

of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 424, 424a, 424b, 424d,

424e of this title.

-End-

-CITE-

43 USC Sec. 424d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 424d. Use of moneys collected from sales, project construction

charges and water rentals respecting unproductive lands

-STATUTE-

In the absence of a contrary requirement in the contracts between

the United States and the water users organization or district

assuming liability for the payment of project construction charges,

all sums collected under sections 424 to 424e this title from the

sale of lands, from the payment of project construction charges on

"temporarily unproductive" or "permanently unproductive" lands so

sold, and (except as stated in this section) from water rentals,

shall inure to the Reclamation Fund as a credit to the construction

charge payable on May 16, 1930, by the water users under their

present contracts, to the extent of the additional expense, if any,

incurred by such water users in furnishing water to the

unproductive area, while still in that status, as approved by the

Commissioner of Reclamation and the balance as a credit to the sums

heretofore written off in accordance with sections 423 to 423g and

610 of this title. Where water rental collections under sections

424 to 424e of this title are in excess of the current operation

and maintenance charges, the excess as determined by the Secretary,

shall, in the absence of such contrary contract provision, inure to

the Reclamation Fund as above provided, but in all other cases the

water rentals collected under sections 424 to 424e of this title

shall be turned over to or retained by the operating district or

association, where the project or part of the project from which

the water rentals were collected is being operated and maintained

by an irrigation district or water users association under contract

with the United States.

-SOURCE-

(May 16, 1930, ch. 292, Sec. 5, 46 Stat. 368.)

-REFTEXT-

REFERENCES IN TEXT

Sections 423 to 423g and 610 of this title, referred to in text,

was in the original "said act of May 25, 1926", meaning act of May

25, 1926, ch. 383, 44 Stat. 636, as amended, which enacted sections

423 to 423g and 610 of this title. Section 610 of this title was

omitted from the Code. For complete classification of this Act to

the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 424, 424a, 424b, 424e of

this title.

-End-

-CITE-

43 USC Sec. 424e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 424e. Authority of Secretary of the Interior; rules and

regulations

-STATUTE-

The Secretary of the Interior is authorized to perform any and

all acts and to make all rules and regulations necessary and proper

for carrying out the purposes of sections 424 to 424e of this

title.

-SOURCE-

(May 16, 1930, ch. 292, Sec. 6, 46 Stat. 368.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 424, 424a, 424b, 424d of

this title.

-End-

-CITE-

43 USC Sec. 425 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 425. Exemption of lands owned by States, etc., from acreage

limitation on receipt of irrigation benefits; determination of

exempt status

-STATUTE-

The provisions of Federal reclamation laws (Act of June 17, 1902,

32 Stat. 388, and Acts amendatory thereof and supplemental thereto)

which limit the acreage of irrigable land which may receive

irrigation benefits from, through, or by means of Federal

reclamation works, shall not be applicable to lands owned by

States, political subdivisions, and agencies thereof, so long as

such lands are farmed, primarily in the direct furtherance of a

non-revenue-producing public function, as determined by the

Secretary of the Interior; and to the extent that such lands

continue to qualify for the exempted status afforded by this

section they shall not be deemed to be excess lands for any

purposes whatsoever under said reclamation laws.

-SOURCE-

(Pub. L. 91-310, Sec. 1, July 7, 1970, 84 Stat. 411.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 425a of this title.

-End-

-CITE-

43 USC Sec. 425a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 425a. Eligibility of transferred lands owned by States, etc.,

for receipt of water from a Federal reclamation project,

division, or unit; conditions of eligibility; purchase price

-STATUTE-

Irrigable lands owned by States, political subdivisions, and

agencies thereof which do not fall within the provisions of section

425 of this title may receive water from a Federal reclamation

project, division, or unit if a valid recordable contract for the

sale of such lands within ten years of the date of said contract

has been executed under terms and conditions satisfactory to the

Secretary of the Interior but without limitation upon selling

price.

The purchasers of lands sold under the provisions of this

section, or the heirs and devisees of such purchasers, if otherwise

eligible under reclamation law to receive project water for the

lands purchased, shall not be disqualified for delivery of water by

reason of the amount of the purchase price paid for said lands.

-SOURCE-

(Pub. L. 91-310, Sec. 2, July 7, 1970, 84 Stat. 411.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation law, referred to in text, includes the act of

June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the

Reclamation Act, and Acts amendatory thereof and supplementary

thereto, classified generally to this chapter. For complete

classification of act June 17, 1902, to the Code, see Short Title

note set out under section 371 of this title and Tables.

-End-

-CITE-

43 USC Sec. 425b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-

Sec. 425b. Receipt of project water by lessees of irrigable lands

owned by States, etc.; time limitation; applicability of acreage

limitations

-STATUTE-

Lessees of irrigable lands owned by States, political

subdivisions, and agencies thereof which are held to be subject to

the acreage limitation provisions of Federal reclamation law and

for which recordable contracts to sell have not been made may

receive project water from July 7, 1970, subject to the same

acreage limitation provisions of Federal reclamation law as private

landowners.

-SOURCE-

(Pub. L. 91-310, Sec. 3, July 7, 1970, 84 Stat. 411; Pub. L.

97-293, title II, Sec. 224(d), Oct. 12, 1982, 96 Stat. 1272.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation law, referred to in text, includes the

act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as

the Reclamation Act, and Acts amendatory thereof and supplementary

thereto, classified generally to this chapter. For complete

classification of act June 17, 1902, to the Code, see Short Title

note set out under section 371 of this title and Tables.

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-293 struck out "for a period not to exceed

twenty-five years" after "may receive project water".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390cc of this title.

-End-

-CITE-

43 USC SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND

ENTRIES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-End-

-CITE-

43 USC Sec. 431 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 431. Limitation as to amount of water; qualifications of

applicant

-STATUTE-

No right to the use of water for land in private ownership shall

be sold for a tract exceeding one hundred and sixty acres to any

one landowner, and no such sale shall be made to any landowner

unless he be an actual bona fide resident on such land, or occupant

thereof residing in the neighborhood of said land, and no such

right shall permanently attach until all payments therefor are

made.

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 5, 32 Stat. 389.)

-MISC1-

IMPERIAL IRRIGATION DISTRICT OF CALIFORNIA; NONAPPLICABILITY OF

FEDERAL RECLAMATION LAWS

Nonapplicability of Federal reclamation laws to lands within

Imperial Irrigation District of California, see section 4 of Pub.

L. 96-570, set out as a note under section 423e of this title.

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 App. section 568.

-End-

-CITE-

43 USC Sec. 432 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 432. Entry under homestead laws generally

-STATUTE-

Public lands which it is proposed to irrigate by means of any

contemplated works shall be subject to entry only under the

provisions of the homestead laws, and shall be subject to the

limitations, charges, terms, and conditions herein provided:

Provided, That the commutation provisions of the homestead laws

shall not apply to entries made under this Act.

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 3, 32 Stat. 388.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act June 17, 1902, popularly

known as the Reclamation Act, which is classified generally to this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 371 of this title and

Tables.

-COD-

CODIFICATION

Section is comprised of part of section 3 of act June 17, 1902.

Remainder of section 3 is classified to sections 416 and 434 of

this title.

-MISC1-

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-

43 USC Sec. 433 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 433. Character and capital qualification of entrymen

-STATUTE-

The Secretary is authorized, under regulations to be promulgated

by him, to require of each applicant including preference right

ex-service men for entry to public lands on a project, such

qualifications as to industry, experience, character, and capital,

as in his opinion are necessary to give reasonable assurance of

success by the prospective settler. The Secretary is authorized to

appoint boards in part composed of private citizens, to assist in

determining such qualifications.

-SOURCE-

(Dec. 5, 1924, ch. 4, Sec. 4, subsec. C, 43 Stat. 702.)

-MISC1-

ADVANCES BY FARM SECURITY ADMINISTRATION AS CAPITAL

Act Aug. 7, 1939, ch. 509, 53 Stat. 1238, as amended June 17,

1940, ch. 390, 54 Stat. 402; May 28, 1941, ch. 136, 55 Stat. 206;

Aug. 1, 1942, ch. 540, 56 Stat. 732, authorized Secretary of the

Interior during fiscal years 1940 to 1943 to consider money made

available to settlers by the former Farm Security Administration to

be all or part of the capital required under this section.

-CROSS-

DEFINITIONS

The definitions in section 371 of this title apply to this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 371, 417, 493, 500, 617h

of this title; title 16 section 835c.

-End-

-CITE-

43 USC Sec. 433a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 433a. Preference of needy families

-STATUTE-

It is declared to be the policy of the Congress that, in the

opening to entry of newly irrigated public lands, preference shall

be given to families who have no other means of earning a

livelihood, or who have been compelled to abandon, through no fault

of their own, other farms in the United States, and with respect to

whom it appears after careful study, in the case of each such

family, that there is a probability that such family will be able

to earn a livelihood on such irrigated lands.

-SOURCE-

(June 18, 1940, ch. 395, Sec. 1, 54 Stat. 439.)

-End-

-CITE-

43 USC Sec. 434 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 434. Amount of land for which entry may be made; farm unit;

subdivision of lands

-STATUTE-

Public lands which it is proposed to irrigate by means of any

contemplated works shall be subject to entry in tracts of not less

than forty nor more than one hundred and sixty acres: Provided,

That whenever, in the opinion of the Secretary of the Interior, by

reason of market conditions and the special fitness of the soil and

climate for the growth of fruit and garden produce, a lesser area

than forty acres may be sufficient for the support of a family on

lands to be irrigated under the provisions of the Act of June 17,

1902, known as the reclamation Act, he may fix a lesser area than

forty acres as the minimum entry and may establish farm units of

not less than ten nor more than one hundred and sixty acres.

Wherever it may be necessary, for the purpose of accurate

description, to further subdivide lands to be irrigated under the

provisions of said reclamation Act, the Secretary of the Interior

may cause subdivision surveys to be made by the officers of the

Bureau of Reclamation, which subdivisions shall be rectangular in

form, except in cases where irregular subdivisions may be necessary

in order to provide for practicable and economical irrigation. Such

subdivision surveys shall be noted upon the tract books in the

Bureau of Land Management, and they shall be paid for from the

reclamation fund: Provided, That an entryman may elect to enter

under said reclamation Act a lesser area than the minimum limit in

any State or Territory.

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 3, 32 Stat. 388; June 27, 1906, ch.

3559, Sec. 1, 34 Stat. 519; 1946 Reorg. Plan No. 3, Sec. 403, eff.

July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, known as the reclamation Act, referred to

in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,

which is classified generally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 371 of this title and Tables.

-COD-

CODIFICATION

Section is comprised of a part of section 3 of act June 17, 1902,

and section 1 of act June 27, 1906. Remainder of section 3 of act

June 17, 1902, is classified to sections 416 and 432 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

"Bureau of Land Management" substituted in text for "General Land

Office" on authority of section 403 of Reorg. Plan No. 3 of 1946,

set out as a note under section 1 of this title.

-MISC1-

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 451h of this title.

-End-

-CITE-

43 USC Sec. 435 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 435. Entries in excess of farm unit

-STATUTE-

All entries under reclamation projects containing more than one

farm unit shall be reduced in area and conformed to a single farm

unit within two years after making proof of residence, improvement,

and cultivation, or within two years after the issuance of a

farm-unit plat for the project, if the same issues subsequent to

the making of such proof: Provided, That such proof is made within

four years from the date as announced by the Secretary of the

Interior that water is available for delivery for the land. Any

entryman failing within the period herein provided to dispose of

the excess of his entry above one farm unit, in the manner provided

by law, and to conform his entry to a single farm unit shall render

his entry subject to cancellation as to the excess above one farm

unit: Provided, That upon compliance with the provisions of law

such entryman shall be entitled to receive a patent for that part

of his entry which conforms to one farm unit as established for the

project.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 13, 38 Stat. 690.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 475 of this title.

-End-

-CITE-

43 USC Sec. 436 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 436. Time when entry may be made generally

-STATUTE-

After June 25, 1910, no entry shall be made and no entryman shall

be permitted to go upon lands reserved for irrigation purposes

until the Secretary of the Interior shall have established the unit

of acreage per entry, and water is ready to be delivered for the

land in such unit or some part thereof and such fact has been

announced by the Secretary of the Interior.

-SOURCE-

(June 25, 1910, ch. 407, Sec. 5, 36 Stat. 836; Feb. 18, 1911, ch.

111, 36 Stat. 918; Aug. 13, 1914, ch. 247, Sec. 10, 38 Stat. 689.)

-COD-

CODIFICATION

Section comprises part of section 5 of act June 25, 1910, as

amended by acts Feb. 18, 1911 and Aug. 13, 1914. Remainder of

section 5 is set out as section 437 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 447 of this title.

-End-

-CITE-

43 USC Sec. 437 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 437. Lands as to which entries made prior to June 25, 1910,

have been relinquished

-STATUTE-

Where entries made prior to June 25, 1910, have been or may be

relinquished, in whole or in part, the lands so relinquished shall

be subject to settlement and entry under the reclamation law.

-SOURCE-

(June 25, 1910, ch. 407, Sec. 5, 36 Stat. 836; Feb. 18, 1911, ch.

111, 36 Stat. 918; Aug. 13, 1914, ch. 247, Sec. 10, 38 Stat. 689.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation law, referred to in text, probably means act June

17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-COD-

CODIFICATION

Section comprises part of section 5 of act June 25, 1910, as

amended by acts Feb. 18, 1911 and Aug. 13, 1914. Remainder of

section 5 is set out as section 436 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 447, 475 of this title.

-End-

-CITE-

43 USC Sec. 438 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 438. Repealed. Aug. 13, 1953, ch. 428, Sec. 10, 67 Stat. 568

-MISC1-

Section, acts Feb. 14, 1920, ch. 76, 41 Stat. 434; Jan. 21, 1922,

ch. 32, Sec. 1, 42 Stat. 358; Dec. 5, 1924, ch. 4, Sec. 4(m), 43

Stat. 703, related to exchange of farm unit. See sections 451 to

451k of this title.

-End-

-CITE-

43 USC Sec. 439 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 439. Cultivation requirement as to entrymen

-STATUTE-

The entryman upon lands to be irrigated shall, in addition to

compliance with the homestead laws, reclaim at least one-half of

the total irrigable area of his entry for agricultural purposes.

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 5, 32 Stat. 389.)

-MISC1-

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-

43 USC Sec. 440 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 440. Regulations as to use of water and requirements as to

cultivation and reclamation of land; cancellation for

noncompliance with requirements

-STATUTE-

The Secretary of the Interior is authorized to make general rules

and regulations governing the use of water in the irrigation of the

lands within any project, and may require the reclamation for

agricultural purposes and the cultivation of one-fourth the

irrigable area under each water-right application or entry within

three full irrigation seasons after the filing of water-right

application or entry, and the reclamation for agricultural purposes

and the cultivation of one-half the irrigable area within five full

irrigation seasons after the filing of the water-right application

or entry, and shall provide for continued compliance with such

requirements. Failure on the part of any water-right applicant or

entryman to comply with such requirements shall render his

application or entry subject to cancellation.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 8, 38 Stat. 688.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 475 of this title.

-End-

-CITE-

43 USC Sec. 441 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 441. Assignment of entries generally

-STATUTE-

From and after the filing with the Secretary of the Interior or

such officer as he may designate of satisfactory proof of

residence, improvement, and cultivation for the five years required

by law, persons who have, or shall make, homestead entries within

reclamation projects under the provisions of the Act of June 17,

1902, may assign such entries, or any part thereof, to other

persons, and such assignees, upon submitting proof of the

reclamation of the lands and upon payment of the charges

apportioned against the same as provided in the said Act of June

17, 1902, may receive from the United States a patent for the

lands: Provided, That all assignments made under the provisions of

this section shall be subject to the limitations, charges, terms,

and conditions of the reclamation Act.

-SOURCE-

(June 23, 1910, ch. 357, 36 Stat. 592; 1946 Reorg. Plan No. 3, Sec.

403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is act June 17, 1902,

ch. 1093, 32 Stat. 388, as amended, popularly known as the

Reclamation Act, which is classified generally to this chapter. For

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

note set out under section 371 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of the Interior or such officer as he may designate"

substituted in text for "Commissioner of the General Land Office"

on authority of section 403 of Reorg. Plan No. 3 of 1946, set out

as a note under section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 442, 455b, 593, 626 of

this title.

-End-

-CITE-

43 USC Sec. 442 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 442. Assignment between June 23, 1910, and January 1, 1913,

confirmed

-STATUTE-

In the absence of any intervening valid adverse interests any

assignment made between June 23, 1910, and January 1, 1913, of land

upon which the assignor has submitted satisfactory final proof and

the assignee purchased with the belief that the assignment was

valid and under section 441 of this title, is confirmed, and the

assignee shall be entitled to the land assigned as under section

441 of this title, notwithstanding that said original entry was

conformed to farm units and that the part assigned was canceled and

eliminated from said entry prior to the date of final proof:

Provided, That all entries so assigned shall be subject to the

limitations, terms, and conditions of the reclamation Act, and Acts

Amendatory thereof and supplemental thereto, and all of said

assignees whose entries are confirmed shall, as a condition to

receiving patent, make the proof required, prior to May 8, 1916, of

assignees.

-SOURCE-

(June 23, 1910, ch. 357, 36 Stat. 592; May 8, 1916, ch. 114, 39

Stat. 65.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation Act, referred to in text, is act June 17, 1902,

ch. 1093, 32 Stat. 388, as amended, which is classified generally

to this chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 371 of this title

and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 593 of this title.

-End-

-CITE-

43 USC Sec. 443 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 443. Limitation of amount of land holdable under assignment of

entry

-STATUTE-

No person shall hold by assignment more than one farm unit prior

to final payment of all charges for all the land held by him

subject to the reclamation law, except operation and maintenance

charges not then due.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 13, 38 Stat. 690.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 475 of this title.

-End-

-CITE-

43 USC Secs. 444, 445 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Secs. 444, 445. Omitted

-COD-

CODIFICATION

Section 444, act June 25, 1910, ch. 432, 36 Stat. 864, related to

leave of absence for entrymen.

Section 445, act Apr. 30, 1912, ch. 100, 37 Stat. 105, related to

protection of entries made prior to June 25, 1910.

-End-

-CITE-

43 USC Sec. 446 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 446. Right to make entry on relinquishment of former entry

under land laws

-STATUTE-

Wherever the Secretary of the Interior, in carrying out the

provisions of the reclamation Act, shall acquire by relinquishment

lands covered by a bona fide unperfected entry under the land laws

of the United States, the entryman upon such tract may make another

and additional entry, as though the entry thus relinquished had not

been made.

-SOURCE-

(June 27, 1906, ch. 3559, Sec. 2, 34 Stat. 519.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation Act, referred to in text, is act June 17, 1902,

ch. 1093, 32 Stat. 388, as amended, which is classified generally

to this chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 371 of this title

and Tables.

-End-

-CITE-

43 USC Sec. 447 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 447. Relinquishment of homestead entry and making new entry

-STATUTE-

Any person who prior to March 4, 1915, made homestead entry under

the Act of June 17, 1902 (32 Stat. 388), for land believed to be

susceptible of irrigation which at the time of said entry was

withdrawn for any contemplated irrigation project, may relinquish

the same, provided that it has since been determined that the land

embraced in such entry or all thereof in excess of twenty acres is

not or will not be irrigable under the project, and in lieu thereof

may select and make entry for any farm unit included within such

irrigation project as finally established, notwithstanding the

provisions of sections 436 and 437 of this title: Provided, That

such entrymen shall be given credit on the new entry for the time

of bona fide residence maintained on the original entry.

-SOURCE-

(Mar. 4, 1915, ch. 182, 38 Stat. 1215.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-End-

-CITE-

43 USC Sec. 448 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 448. Desert-land entries within reclamation project generally

-STATUTE-

Where any bona fide desert-land entry has been or may be embraced

within the exterior limits of any land withdrawal or irrigation

project under the Act of June 17, 1902, and the desert-land

entryman has been or may be directly or indirectly hindered,

delayed, or prevented from making improvements or from reclaiming

the land embraced in any such entry by reason of such land

withdrawal or irrigation project, the time during which the

desert-land entryman has been or may be so hindered, delayed, or

prevented from complying with the desert-land law shall not be

computed in determining the time within which such entryman has

been or may be required to make improvements or reclaim the land

embraced within any such desert-land entry: Provided, That if after

investigation the irrigation project has been or may be abandoned

by the Government, time for compliance with the desert-land law by

any such entryman shall begin to run from the date of notice of

such abandonment of the project and the restoration to the public

domain of the lands withdrawn in connection therewith, and credit

shall be allowed for all expenditures and improvements theretofore

made on any such desert-land entry of which proof has been or may

be filed; but if the reclamation project is carried to completion

so as to make available a water supply for the land embraced in any

such desert-land entry the entryman shall thereupon comply with all

the provisions of the aforesaid action (!1) of June 17, 1902, and

shall relinquish within a reasonable time after notice as the

Secretary may prescribe and not less than two years all land

embraced within his desert-land entry in excess of one farm unit,

as determined by the Secretary of the Interior, and as to such

retained farm unit he shall be entitled to make final proof and

obtain patent upon compliance with the regulations of said

Secretary applicable to the remainder of the irrigable land of the

project and with the terms of payment prescribed in said Act of

June 17, 1902, and not otherwise. But nothing herein contained

shall be held to require a desert-land entryman who owns a water

right and reclaims the land embraced in his entry to accept the

conditions of said reclamation Act.

-SOURCE-

(June 27, 1906, ch. 3559, Sec. 5, 34 Stat. 520; June 6, 1930, ch.

405, 46 Stat. 502.)

-REFTEXT-

REFERENCES IN TEXT

The desert-land law, referred to in text, is classified generally

to chapter 9 (Sec. 321 et seq.) of this title.

Act of June 17, 1902, and the reclamation Act, referred to in

text, mean act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,

which is classified generally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 371 of this title and Tables.

-MISC1-

AMENDMENTS

1930 - Act June 6, 1930, among other changes, inserted "within a

reasonable time after notice as the Secretary may prescribe and not

less than two years", "regulations of said Secretary applicable to

the remainder of the irrigable land of the project", and

substituted provisions specifying one farm unit, as determined by

the Secretary of the Interior for provisions specifying 160 acres.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 449, 451h of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "Act".

-End-

-CITE-

43 USC Sec. 449 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-

Sec. 449. Assignment of desert-land entry within project

-STATUTE-

A desert-land entry within the exterior limits of a Government

reclamation project may be assigned in whole or in part under

section 324 of this title, and the benefits and limitations of

section 448 of this title shall apply to such desert-land entryman

and his assignees: Provided, That all such assignments shall

conform to and be in accordance with farm units to be established

by the Secretary of the Interior upon the application of the

desert-land entryman. All such assignments made in good faith prior

to July 24, 1912, shall be recognized under this section.

-SOURCE-

(July 24, 1912, ch. 251, 37 Stat. 200.)

-End-

-CITE-

43 USC SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM

UNITS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 16 section 835c.

-End-

-CITE-

43 USC Sec. 451 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-

Sec. 451. Conditions necessary for exchange; terms; credits; rights

nonassignable

-STATUTE-

Any entryman on an unpatented farm unit on a Federal irrigation

project which shall be found by the Secretary of the Interior,

pursuant to a land classification, to be insufficient to support a

family shall be entitled, upon timely application to the Secretary

to exchange his farm unit for another farm unit of unentered public

land within the same or any other such project, or, upon terms and

conditions satisfactory to the Secretary, for any other available

farm unit on the same or any other such project. He shall be given

credit under the homestead laws for residence, improvement, and

cultivation made or performed upon the original entry, and if

satisfactory final proof of residence, improvement, and cultivation

has been made on the original entry it shall not be necessary to

submit such proof upon the lieu entry. Rights under this subchapter

shall not be assignable.

-SOURCE-

(Aug. 13, 1953, ch. 428, Sec. 1, 67 Stat. 566.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 451a, 451k of this title.

-End-

-CITE-

43 USC Sec. 451a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-

Sec. 451a. Persons eligible for benefits

-STATUTE-

The benefits of section 451 of this title shall, and those of

sections 451b to 451k of this title may, be extended by the

Secretary to (a) any lawful assignee of an unpatented farm unit on

a Federal irrigation project who took the assignment in good faith

not knowing and not having reason to believe the farm unit to be

insufficient to support a family; and (b) any resident owner of

private lands on any such project whose lands shall be found to be

insufficient to support a family and (i) who, apart from his

ownership of the lands to be conveyed pursuant to clause (iii)

hereof and apart from his having previously exhausted his homestead

right, if such be the case, is eligible to enter unappropriated

public lands under section 161 (!1) of this title, (ii) who

lawfully acquired his lands as an entire farm unit under the

Federal reclamation laws from the United States or, in the case of

a widow, widower, heir, or devisee, from a spouse or ancestor, as

the case may be, who so acquired them, and (iii) who conveys, free

from all encumbrances, to the United States all of his lands served

by the project or such portion thereof as the Secretary may

designate.

-SOURCE-

(Aug. 13, 1953, ch. 428, Sec. 2, 67 Stat. 566.)

-REFTEXT-

REFERENCES IN TEXT

Section 161 of this title, referred to in text, was repealed by

Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787.

The Federal reclamation laws, referred to in text, include act

June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the

Reclamation Act, and Acts amendatory thereof and supplementary

thereto, classified generally to this chapter. For classification

of act June 17, 1902, to the Code, see Short Title note set out

under section 371 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 451b, 451e, 451k of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 451b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-

Sec. 451b. Irrigation construction charges

-STATUTE-

(a) Credits to entryman

If an entryman making an exchange under the provisions of this

subchapter becomes the direct obligor for payment to the United

States of irrigation construction charges for his lieu farm unit or

undertakes a contract under which the equivalent, in whole or in

part, of such charges is returned to the United States, the

Secretary, to the extent to which such charges upon the original

farm unit or the equivalent thereof have actually been paid to the

United States or to an irrigation district or other form of

organization under contract with the United States, may give him

credit for such charges upon the lieu unit.

(b) Credits to district; reduction of costs

If an irrigation district or other form of organization within

the boundaries of which is located the lieu farm unit of an

entryman making an exchange under the provisions of this subchapter

is or becomes the direct obligor for payment to the United States

of irrigation construction charges or undertakes or has undertaken

a contract under which the equivalent, in whole or in part, of such

charges is returned to the United States, the Secretary may, to the

extent to which it gives credit to the entryman for such charges or

the equivalent thereof actually paid upon the original farm unit,

give the district or other form of organization credit for payment

of such charges. Upon the making of an exchange pursuant to the

provisions of this subchapter, the Secretary may reduce (i) the

reimbursable construction costs of the project or division thereof

upon which the original farm unit was located by the amount of such

costs which were properly assignable to the original farm unit and

which were not then due and payable, and (ii) the reimbursable

construction costs of the project or division thereof upon which

the lieu farm unit is located by the amount of credit which might

be given under the provisions of this section.

(c) Extension of benefits to districts

In any case in which the benefits of this subchapter are extended

to an assignee of an unpatented farm unit or to a resident owner of

private lands, as provided in subsection (b) of section 451a of

this title, an appropriate extension of benefits may also be made

to an irrigation district or other form of organization under

subsection (b) of this section.

-SOURCE-

(Aug. 13, 1953, ch. 428, Sec. 3, 67 Stat. 566.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 451a, 451c, 451k of this

title.

-End-

-CITE-

43 USC Sec. 451c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-

Sec. 451c. Cancellation of charges or liens; credits

-STATUTE-

(a) After his approval of any application for an exchange as

provided in this subchapter, the Secretary may cancel and release,

in whole or in part, any and all charges or liens against the

entryman or against the relinquished farm unit which are within his

administrative jurisdiction. In administering the provisions of

this subsection the Secretary shall take into consideration other

charges and liens and the rights and interests of other lien

holders as to him may seem just and equitable.

(b) An entryman making an exchange under the provisions of this

subchapter may be given credit by the Secretary upon any land

development charges made by the United States in connection with

the lieu farm unit for any such charges paid to the United States

in connection with the original unit. A resident owner making an

exchange under the provisions of this subchapter may, to the

extent, to which he or, in the case of a widow, widower, heir, or

devisee, his spouse or ancestor, as the case may be, has paid to

the United States the purchase price of the original farm unit, be

given credit by the Secretary upon the purchase price of his lieu

farm unit; such credit may also be applied in the manner and

circumstances provided in section 451b of this title upon

irrigation construction charges for or properly assignable to his

lieu farm unit.

-SOURCE-

(Aug. 13, 1953, ch. 428, Sec. 4, 67 Stat. 567.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 451a, 451k of this title.

-End-

-CITE-

43 USC Sec. 451d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-

Sec. 451d. Disposal of improvements; water rights; revertibility of

relinquished land

-STATUTE-

Within ninety days after receipt of notice of the approval by the

Secretary of the application for exchange of entry and subject to

the rights and interests of other parties, the entryman may dispose

of, and he or his transferee or vendee may remove, any and all

improvements placed on the relinquished unit. Upon the making of an

exchange under this subchapter, any water right appurtenant to the

original lands under the Federal reclamation laws shall cease and

the water supply theretofore used or required to satisfy such right

shall be available for disposition under those laws. Any land

relinquished or conveyed to the United States under this subchapter

shall revert to or become a part of the public domain and be

subject to disposition by the Secretary under any of the provisions

of the Federal reclamation laws.

-SOURCE-

(Aug. 13, 1953, ch. 428, Sec. 5, 67 Stat. 567.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation laws, referred to in text, include the

act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as

the Reclamation Act, and Acts amendatory thereof and supplementary

thereto, classified generally to this chapter. For complete

classification of act June 17, 1902, to the Code, see Short Title

note set out under section 371 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 451a, 451k of this title.

-End-

-CITE-

43 USC Sec. 451e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-

Sec. 451e. Amendment of farm unit; application; amount of land;

exchange; waiver

-STATUTE-

Upon timely application by an entryman on an unpatented farm unit

on a Federal irrigation project, which shall be found by the

Secretary, pursuant to a land classification, to be insufficient to

support a family, the Secretary may, upon terms and conditions

satisfactory to him, amend the farm unit of said entryman, combine

all or a part of the lands of said farm unit with other contiguous

or noncontiguous lands on the same project which are declared by

the Secretary to be open to entry or purchase, and thereby form and

designate an amended farm unit for said entryman, which in no event

shall exceed three hundred and twenty acres of land containing not

more than one hundred and sixty irrigable acres designated by the

Secretary. The acceptance of the amended farm unit by the applicant

shall be deemed an exchange within the meaning of this subchapter.

In extending the benefits of this section to a resident owner of

private lands as provided in section 451a of this title, the

Secretary may waive, in whole or in part, the provisions of clause

(iii) of subsection (b) of section 451a of this title.

-SOURCE-

(Aug. 13, 1953, ch. 428, Sec. 6, 67 Stat. 567.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 451a, 451k of this title.

-End-

-CITE-

43 USC Sec. 451f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-

Sec. 451f. Exchanges subject to mortgage contracts

-STATUTE-

Any exchange pursuant to this subchapter of land that is subject

to a mortgage contract with the Secretary of Agriculture under

sections 1006a and 1006b of title 7, and any disposition pursuant

to this subchapter of property that is subject to such a mortgage

contract, shall be effected only in such form and manner and upon

such terms and conditions as are consistent with the authority of

the Secretary of Agriculture over such mortgage contract and such

property under the Bankhead-Jones Farm Tenant Act, as amended [7

U.S.C. 1000 et seq.], as supplemented by sections 1006a and 1006b

of title 7.

-SOURCE-

(Aug. 13, 1953, ch. 428, Sec. 7, 67 Stat. 568.)

-REFTEXT-

REFERENCES IN TEXT

The Bankhead-Jones Farm Tenant Act, referred to in text, is act

July 22, 1937, ch. 517, 50 Stat. 522, as amended, which is

classified generally to chapter 33 (Sec. 1000 et seq.) of Title 7,

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

see section 1000 of Title 7 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 451a, 451k of this title.

-End-

-CITE-

43 USC Sec. 451g 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-

Sec. 451g. Preferences; veterans; timely applicants

-STATUTE-

Where there are two or more timely applicants for a farm unit on

a particular project or division thereof under the provisions of

this subchapter, one or more of whom is an ex-serviceman who would

be entitled under the applicable statutes to a preference in making

entry of farm units on such project or division, the ex-serviceman,

or one of them, shall have a preference in making such exchange.

Any timely applicant for an exchange under the provisions of this

subchapter shall be entitled to preference over any other applicant

for a farm unit on the same project or division thereof.

-SOURCE-

(Aug. 13, 1953, ch. 428, Sec. 8, 67 Stat. 568.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 451a of this title.

-End-

-CITE-

43 USC Sec. 451h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-

Sec. 451h. Establishment of farm units; size; contiguous or

noncontiguous

-STATUTE-

In administering sections 434, 448, and 544 of this title, the

Secretary may, to the extent found necessary as shown by a land

classification to provide farm units sufficient in size to support

a family, establish such units of not more than three hundred and

twenty acres containing not more than one hundred and sixty

irrigable acres designated by him and may permit entry and

assignment under the homestead laws, and retention and assignment

under the desert land laws, of such units. The lands included in

farm units established pursuant to the authority of this section

and entered under the homestead laws may be contiguous or

noncontiguous.

-SOURCE-

(Aug. 13, 1953, ch. 428, Sec. 9, 67 Stat. 568.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 451a of this title.

-End-

-CITE-

43 USC Sec. 451i 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-

Sec. 451i. "Federal irrigation project" defined

-STATUTE-

As used in this subchapter, the term "Federal irrigation project"

means any irrigation project subject to the Federal reclamation

laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory

thereof or supplementary thereto), to which laws this subchapter

itself shall be deemed a supplement.

-SOURCE-

(Aug. 13, 1953, ch. 428, Sec. 11, 67 Stat. 568.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 451a of this title.

-End-

-CITE-

43 USC Sec. 451j 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-

Sec. 451j. Rules and regulations

-STATUTE-

The Secretary may perform any and all acts and make all rules and

regulations necessary and proper for carrying out the purposes of

this subchapter.

-SOURCE-

(Aug. 13, 1953, ch. 428, Sec. 12, 67 Stat. 568.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 451a of this title.

-End-

-CITE-

43 USC Sec. 451k 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-

Sec. 451k. Availability of appropriations; expenses as

nonreimbursable

-STATUTE-

Appropriations heretofore or hereafter made for carrying on the

functions of the Bureau of Reclamation shall be available for

credits, expenses, charges, and costs provided by or incurred under

this subchapter. Expenses incurred in carrying out the provisions

of sections 451 to 451f of this title, shall be nonreimbursable and

nonreturnable under the Federal reclamation laws.

-SOURCE-

(Aug. 13, 1953, ch. 428, Sec. 13, 67 Stat. 568.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation laws, referred to in text, include the

act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as

the Reclamation Act, and Acts amendatory thereof and supplementary

thereto, classified generally to this chapter. For complete

classification of act June 17, 1902, to the Code, see Short Title

note set out under section 371 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 451a of this title.

-End-

-CITE-

43 USC SUBCHAPTER VIII - TAXATION 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VIII - TAXATION

-HEAD-

SUBCHAPTER VIII - TAXATION

-End-

-CITE-

43 USC Sec. 455 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VIII - TAXATION

-HEAD-

Sec. 455. State taxation; lands of homestead entryman

-STATUTE-

The lands of any homestead entryman under the Act of June 17,

1902, known as the Reclamation Act, or any Act amendatory thereof

or supplementary thereto, and the lands of any entryman on ceded

Indian lands within any Indian irrigation project, may, after

satisfactory proof of residence, improvement, and cultivation, and

acceptance of such proof by the Bureau of Land Management, be taxed

by the State or political subdivision thereof in which such lands

are located in the same manner and to the same extent as lands of a

like character held under private ownership may be taxed.

-SOURCE-

(Apr. 21, 1928, ch. 394, Sec. 1, 45 Stat. 439; June 13, 1930, ch.

477, 46 Stat. 581; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, known as the Reclamation Act, referred to

in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,

which is classified generally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 371 of this title and Tables.

-MISC1-

AMENDMENTS

1930 - Act June 13, 1930, inserted "and the lands of any entryman

on ceded Indian lands within any Indian irrigation project,".

-TRANS-

TRANSFER OF FUNCTIONS

"Bureau of Land Management" substituted in text for "General Land

Office" on authority of section 403 of Reorg. Plan No. 3 of 1946,

set out as a note under section 1 of this title.

-End-

-CITE-

43 USC Sec. 455a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VIII - TAXATION

-HEAD-

Sec. 455a. State taxation; lands of desert-land entryman

-STATUTE-

The lands of any desert-land entryman located within an

irrigation project constructed under the Reclamation Act and

obtaining a water supply from such project, and for whose land

water has been actually available for a period of four years, may

likewise be taxed by the State or political subdivision thereof in

which such lands are located.

-SOURCE-

(Apr. 21, 1928, ch. 394, Sec. 2, 45 Stat. 439; June 13, 1930, ch.

477, 46 Stat. 581.)

-REFTEXT-

REFERENCES IN TEXT

The Reclamation Act, referred to in text, is act June 17, 1902,

ch. 1093, 32 Stat. 388, as amended, which is classified generally

to this chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 371 of this title

and Tables.

-MISC1-

AMENDMENTS

1930 - Act June 13, 1930, reenacted section without change.

-End-

-CITE-

43 USC Sec. 455b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VIII - TAXATION

-HEAD-

Sec. 455b. State tax as lien upon lands; prior lien of United

States; rights of holder of tax title

-STATUTE-

All such taxes legally assessed shall be a lien upon the lands

and may be enforced upon said lands by the sale thereof in the same

manner and under the same proceeding whereby said taxes are

enforced against lands held under private ownership; but the title

or interest which the State or political subdivision thereof may

convey by tax sale, tax deed, or as a result of any tax proceeding

shall be subject to a prior lien reserved to the United States for

all due and unpaid installments on the appraised purchase price of

such lands and for all the unpaid charges authorized by law whether

accrued or otherwise. The holder of such tax deed or tax title

resulting from such tax shall be entitled to all the rights and

privileges in the land of an assignee of such entryman on ceded

Indian lands or of an assignee under the provisions of section 441

of this title or of any such entries in a Federal reclamation

project constructed under said Act of June 17, 1902, as

supplemented or amended.

-SOURCE-

(Apr. 21, 1928, ch. 394, Sec. 3, 45 Stat. 439; June 13, 1930, ch.

477, 46 Stat. 581.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is act June 17, 1902,

ch. 1093, 32 Stat. 388, as amended, popularly known as the

Reclamation Act, which is classified generally to this chapter. For

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

note set out under section 371 of this title and Tables.

-End-

-CITE-

43 USC Sec. 455c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER VIII - TAXATION

-HEAD-

Sec. 455c. Extinguishment of liens and tax titles on reversion of

lands to United States

-STATUTE-

If the lands of any such entryman shall at any time revert to the

United States for any reason whatever, all such liens or tax titles

resulting from assessments levied after June 13, 1930, upon such

lands in favor of the State or political subdivision thereof

wherein the lands are located, shall be and shall be held to have

been, thereupon extinguished; and the levying of any such

assessment by such State or political subdivision shall be deemed

to be an agreement on its part, in the event of such reversion, to

execute and record a formal release of such lien or tax title.

-SOURCE-

(Apr. 21, 1928, ch. 394, Sec. 4, as added June 13, 1930, ch. 477,

46 Stat. 581.)

-End-

-CITE-

43 USC SUBCHAPTER IX - CONSTRUCTION CHARGES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

SUBCHAPTER IX - CONSTRUCTION CHARGES

-End-

-CITE-

43 USC Sec. 461 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 461. Determination of construction charges generally

-STATUTE-

The construction charges which shall be made per acre upon the

entries and upon lands in private ownership which may be irrigated

by the waters of any irrigation project shall be determined with a

view of returning to the reclamation fund the estimated cost of

construction of the project, and shall be apportioned equitably.

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 4, 32 Stat. 389.)

-COD-

CODIFICATION

Section is comprised of part of section 4 of act June 17, 1902.

Remainder of such section 4 is classified to section 419 of this

title.

-MISC1-

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-

43 USC Sec. 462 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 462. Classification of irrigable lands and equitable

apportionment of charges

-STATUTE-

The irrigable lands of each new project and new division of a

project approved, after December 5, 1924, shall be classified by

the Secretary with respect to their power, under a proper

agricultural program, to support a family and pay water charges,

and the Secretary is authorized to fix different construction

charges against different classes of land under the same project

for the purpose of equitably apportioning the total construction

cost so that all lands may as far as practicable bear the burden of

such cost according to their productive value.

-SOURCE-

(Dec. 5, 1924, ch. 4, Sec. 4, subsec. D, 43 Stat. 702.)

-CROSS-

DEFINITIONS

The definitions in section 371 of this title apply to this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 371, 417, 493, 500 of

this title.

-End-

-CITE-

43 USC Sec. 463 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 463. Repealed. May 25, 1926, ch. 383, Sec. 47, 44 Stat. 650

-MISC1-

Section, act Dec. 5, 1924, ch. 4, Sec. 4, subsec. E, 43 Stat.

702, related to notices concerning construction charges.

-End-

-CITE-

43 USC Sec. 464 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 464. Increases of charges on failure to make water-right

application

-STATUTE-

In all cases where application for water right for lands in

private ownership or lands held under entries not subject to the

reclamation law shall not be made within one year after August 13,

1914, or within one year after notice issued in pursuance of

section 419 of this title, in cases where such notice has not been

issued prior to August 13, 1914, the construction charges for such

land shall be increased 5 per centum each year until such

application is made and an initial installment is paid.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 9, 38 Stat. 689.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 475 of this title.

-End-

-CITE-

43 USC Sec. 465 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 465. Charges for water service prior to notice of construction

charge

-STATUTE-

Whenever water is available and it is impracticable to apportion

operation and maintenance charges as provided in section 492 of

this title, the Secretary of the Interior may, prior to giving

public notice of the construction charge per acre upon land under

any project, furnish water to any entryman or private landowner

thereunder until such notice is given, making a reasonable charge

therefor, and such charges shall be subject to the same penalties

and to the provisions for cancellation and collection as herein

provided for other operation and maintenance charges.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 11, 38 Stat. 689.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means act Aug. 13, 1914, ch. 247, 38

Stat. 686, as amended, which is classified to sections 373, 414,

418, 435 to 437, 440, 443, 464, 465, 469, 471, 472, 475, 477 to

481, 492, 493, 494 to 497, and 499 of this title. For complete

classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 475 of this title.

-End-

-CITE-

43 USC Sec. 466 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 466. Surveys to correct errors or inequalities in original

basis of project

-STATUTE-

On each project existing prior to December 5, 1924, where, in the

opinion of the Secretary, it appears that on account of lack of

fertility in the soil, an inadequate water supply, or other

physical causes, settlers are unable to pay construction costs, or

whenever it appears that the cost of any reclamation project by

reason of error or mistake or for any cause has been apportioned or

charged upon a smaller area of land than the total area of land

under said project, the Secretary is authorized to undertake a

comprehensive and detailed survey to ascertain all pertinent facts,

and report in each case the result of such survey to the Congress,

with his recommendations: Provided, That the cost and expense of

each such survey shall be charged to the appropriation for the

project on account of which the same is made, but shall not be

charged as a part of the construction or operation and maintenance

cost payable by the water users under the project.

-SOURCE-

(Dec. 5, 1924, ch. 4, Sec. 4, subsec. K, 43 Stat. 703.)

-CROSS-

DEFINITIONS

The definitions in section 371 of this title apply to this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 371, 417, 423g, 493, 500

of this title.

-End-

-CITE-

43 USC Sec. 467 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 467. Repealed. May 25, 1926, ch. 383, Sec. 47, 44 Stat. 650

-MISC1-

Section, act Dec. 5, 1924, ch. 4, Sec. 4, subsec. L, 43 Stat.

703, related to adjustment of charges and items to be included in

adjustment.

-End-

-CITE-

43 USC Sec. 468 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 468. Withdrawal of notice given and modification of

applications and contracts made prior to February 13, 1911

-STATUTE-

The Secretary of the Interior may, in his discretion, withdraw

any public notice issued prior to February 13, 1911, under section

419 of this title, and he may agree to such modification of

water-right applications duly filed prior to February 13, 1911, or

contracts with water users' associations and others, entered into

prior to February 13, 1911, as he may deem advisable, or he may

consent to the abrogation of such water-right applications and

contracts, and proceed in all respects as if no such notice has

been given.

-SOURCE-

(Feb. 13, 1911, ch. 49, 36 Stat. 902.)

-End-

-CITE-

43 USC Sec. 469 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 469. Increase in construction charges

-STATUTE-

No increase in the construction charges shall, after August 13,

1914, be made, after the same have been fixed by public notice,

except by agreement between the Secretary of the Interior and a

majority of the water-right applicants and entrymen to be affected

by such increase, whereupon all water-right applicants and entrymen

in the area proposed to be affected by the increased charge shall

become subject thereto. Such increased charge shall be added to the

construction charge and payment thereof distributed over the

remaining unpaid installments of construction charges: Provided,

That the Secretary of the Interior, in his discretion, may agree

that such increased construction charge shall be paid in additional

annual installments, each of which shall be at least equal to the

amount of the largest installment as fixed for the project by the

public notice theretofore issued. And such additional installments

of the increased construction charge, as so agreed upon shall

become due and payable on December 1 of each year subsequent to the

year when the final installment of the construction charge under

such public notice is due and payable: Provided further, That all

such increased construction charges shall be subject to the same

conditions, penalties, and suit or action as provided in sections

478, 480, and 481 of this title.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 4, 38 Stat. 687.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 470, 475 of this title.

-End-

-CITE-

43 USC Sec. 470 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 470. When work increasing construction charge may be

undertaken

-STATUTE-

No work shall be undertaken or expenditure made for any lands,

for which the construction charge has been fixed by public notice,

which work or expenditure shall, in the opinion of the Secretary of

the Interior, increase the construction cost above the construction

charge so fixed; unless and until valid and binding agreement to

repay the cost thereof shall have been entered into between the

Secretary of the Interior and the water-right applicants and

entrymen affected by such increased cost, as provided by section

469 of this title.

-SOURCE-

(Mar. 3, 1915, ch. 75, Sec. 1, 38 Stat. 861.)

-End-

-CITE-

43 USC Sec. 471 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 471. Initial payment and annual installments of charges

generally

-STATUTE-

Any entryman or applicant shall at the time of making water-right

application or entry, as the case may be, pay into the reclamation

fund 5 per centum of the construction charge fixed for his land as

an initial installment, and shall pay the balance of said charge in

annual installments. The first of the annual installments shall

become due and payable on December 1 of the fifth calendar year

after the initial installment: Provided, That any water-right

applicant or entryman may, if he so elects, pay the whole or any

part of the construction charges owing by him within any shorter

period: Provided further, That entry may be made whenever water is

available, as announced by the Secretary of the Interior, and the

initial payment be made when the charge per acre is established.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 1, 38 Stat. 686.)

-COD-

CODIFICATION

Section comprises part of section 1 of act Aug. 13, 1914.

Remainder of section 1 is set out as section 472 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 475, 511 of this title.

-End-

-CITE-

43 USC Sec. 472 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 472. Installments on entries or applications made after August

13, 1914, and prior to December 5, 1924

-STATUTE-

Any person whose lands, after August 13, 1914, and prior to

December 5, 1924, became subject to the terms and conditions of the

Act approved June 17, 1902, and Acts amendatory thereof or

supplementary thereto, and any person who, after August 13, 1914,

and prior to December 5, 1924, made entry thereunder shall pay the

balance of said charge after the initial payment in fifteen annual

installments, the first five of which shall each be 5 per centum of

the construction charge and the remainder shall each be 7 per

centum until the whole amount shall have been paid.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 1, 38 Stat. 686.)

-REFTEXT-

REFERENCES IN TEXT

Act approved June 17, 1902, referred to in text, is act June 17,

1902, ch. 1093, 32 Stat. 388, as amended, popularly known as the

Reclamation Act, which is classified generally to this chapter. For

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

note set out under section 371 of this title and Tables.

-COD-

CODIFICATION

References to December 5, 1924, were inserted in conformity with

provisions of act Dec. 5, 1924, ch. 4, Sec. 4, subsec. F, 43 Stat.

702, which changed the method of paying the annual installments

after such date. Such provisions, which were classified to sections

473 and 474 of this title, were repealed by act May 25, 1926, ch.

383, Sec. 47, 44 Stat. 650. See sections 423 to 423g of this title.

Section comprises part of section 1 of act Aug. 13, 1914.

Remainder of section 1 is set out as section 471 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 475, 511 of this title.

-End-

-CITE-

43 USC Secs. 473, 474 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Secs. 473, 474. Repealed. May 25, 1926, ch. 383, Sec. 47, 44 Stat.

650

-MISC1-

Section 473, act Dec. 5, 1924, ch. 4, Sec. 4, subsec. F, 43 Stat.

702, related to payment of project construction charges in

installments after Dec. 5, 1924.

Section 474, act Dec. 5, 1924, ch. 4, Sec. 4, subsec. F, 43 Stat.

702, related to modification of contracts existing prior to Dec. 5,

1924, in respect to payment of construction charges.

-End-

-CITE-

43 USC Sec. 475 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 475. Annual installments on entries and contracts prior to

August 13, 1914

-STATUTE-

Any person whose land or entry, prior to August 13, 1914, became

subject to the terms and conditions of the reclamation law shall

pay the construction charge, or the portion of the construction

charge remaining unpaid, in twenty annual installments, the first

of which shall become due and payable on December 1 of the year in

which the public notice affecting his land is issued, and

subsequent installments on December 1 of each year thereafter. The

first four of such installments shall each be 2 per centum, the

next two installments shall each be 4 per centum, and the next

fourteen each 6 per centum of the total construction charge, or the

portion of the construction charge unpaid at the beginning of such

installments.

Any person whose land or entry prior to August 13, 1914, became

subject to the reclamation law, who desires to secure the benefits

of the extension of the period of payments provided by sections

373, 414, 418, 435 to 437, 440, 443, 464, 465, 469, 471, 472, 475,

477 to 481, 492, 493, 494 to 497 and 499 of this title, shall,

within six months after the issuance of the first public notice

hereunder affecting his land or entry, notify the Secretary of the

Interior, in the manner to be prescribed by said Secretary, of his

acceptance of all the terms and conditions of such sections, and

thereafter his lands or entry shall be subject to all of the

provisions of such sections: Provided, That upon sufficient showing

the Secretary of the Interior may, in his discretion, permit notice

of acceptance of all the terms and conditions of such sections to

be filed at any time after the time limit hereinbefore fixed for

filing such acceptance shall have expired, conditioned, however,

that where the applicant for such acceptance is in arrears on

construction charges, he shall at the time of acceptance pay such

installments of the construction charge as he would have been

required to pay had he accepted the benefits of such sections

within the time limit hereinabove fixed, plus the penalties that

would have accrued had he so accepted, and such applicant shall

thereafter be upon the same status that he would have been had he

accepted the provisions of such sections within the time limit

hereinabove fixed, and thereafter the lands or entry of any such

persons so filing such notice of acceptance shall be subject to all

the provisions of such sections.

-SOURCE-

(Aug. 13, 1914, ch. 247, Secs. 2, 14, 38 Stat. 687, 690; July 26,

1916, ch. 257, 39 Stat. 390.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation law, referred to in text, probably means act June

17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 475, 511 of this title.

-End-

-CITE-

43 USC Sec. 476 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 476. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-

Section, act June 17, 1902, ch. 1093, Sec. 5, 32 Stat. 389,

provided for payment of construction charges to register and

receiver of local land office.

-End-

-CITE-

43 USC Sec. 477 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 477. Association or irrigation district as fiscal agent of

Government

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

to designate and appoint, under such rules and regulations as he

may prescribe, the legally organized water-users' association or

irrigation district, under any reclamation project, as the fiscal

agent of the United States to collect the annual payments on the

construction charge of the project and the annual charges for

operation and maintenance and all penalties: Provided, That no

water-right applicant or entryman shall be entitled to credit for

any payment thus made until the same shall have been paid over to

an officer designated by the Secretary of the Interior to receive

the same.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 7, 38 Stat. 688.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 475 of this title.

-End-

-CITE-

43 USC Sec. 478 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 478. Pecuniary penalty for nonpayment of installments of

construction charges

-STATUTE-

If any water-right applicant or entryman shall have, prior to

December 5, 1924, failed to pay any installment of his construction

charges when due, there shall be added to the amount unpaid a

penalty of 1 per centum thereof, and there shall be added a like

penalty of 1 per centum of the amount unpaid on the first day of

each month thereafter so long as such default shall have continued:

Provided, That the penalty of 1 per centum per month against

delinquent accounts, is reduced to one-half of 1 per centum per

month, as to all installments which may become due after December

5, 1924.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 3, 38 Stat. 687; Dec. 5, 1924, ch. 4,

Sec. 4, subsec. H, 43 Stat. 703.)

-COD-

CODIFICATION

Section consolidates first sentence of act Aug. 13, 1914, Sec. 3,

with act Dec. 5, 1924, Sec. 4, subsec. H.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 371, 417, 469, 493, 500,

511 of this title.

-End-

-CITE-

43 USC Sec. 479 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 479. Shutting off water for nonpayment of construction charge

-STATUTE-

No water shall be delivered to the lands of any water-right

applicant or entryman who shall be in arrears for more than one

calendar year for the payment of any annual construction charge and

penalties.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 6, 38 Stat. 688.)

-COD-

CODIFICATION

Section is comprised of part of first sentence of section 6 of

act Aug. 13, 1914. Remainder of first sentence of such section 6 is

classified to sections 493, 494, and 495 of this title; second and

third sentences of such section 6 are classified to sections 496

and 497 of this title, respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 511 of this title.

-End-

-CITE-

43 USC Sec. 480 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 480. Cancellation of water right or entry for nonpayment of

construction charge

-STATUTE-

If any water-right applicant or entryman shall be one year in

default in the payment of any installment of the construction

charges and penalties, or any part thereof, his water-right

application, and if he be a homestead entryman his entry also,

shall be subject to cancellation, and all payments made by him

forfeited to the reclamation fund, but no homestead entry shall be

subject to contest because of such default.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 3, 38 Stat. 687.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 469, 481, 511 of this

title.

-End-

-CITE-

43 USC Sec. 481 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 481. Action to recover construction charges and penalties

-STATUTE-

If the Secretary of the Interior shall so elect, he may cause

suit or action to be brought for the recovery of the amount of the

construction charges in default and penalties; but if suit or

action be brought, the right to declare a cancellation and

forfeiture of the entry or water-right application as provided in

section 480 of this title shall be suspended pending such suit or

action.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 3, 38 Stat. 687.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 469, 475, 497, 511 of

this title.

-End-

-CITE-

43 USC Sec. 482 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-

Sec. 482. Omitted

-COD-

CODIFICATION

Section, act May 10, 1926, ch. 277, 44 Stat. 479, authorized

Secretary of the Interior, until June 30, 1927, to contract with

water-users' associations for payment of charges within such term

as may be necessary. See section 485b of this title.

-End-

-CITE-

43 USC SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 390b, 390tt, 485h-6,

591a of this title; title 16 sections 835, 835d.

-End-

-CITE-

43 USC Sec. 485 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485. Declaration of policy

-STATUTE-

For the purpose of providing for United States reclamation

projects a feasible and comprehensive plan for an economical and

equitable treatment of repayment problems and for variable payments

of construction charges which can be met regularly and fully from

year to year during periods of decline in agricultural income and

unsatisfactory conditions of agriculture as well as during periods

of prosperity and good prices for agricultural products, and which

will protect adequately the financial interest of the United States

in said projects, obligations to pay construction charges may be

revised or undertaken pursuant to the provisions of this

subchapter.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 1, 53 Stat. 1187.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

Act", meaning act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended,

known as the Reclamation Project Act of 1939, which enacted this

subchapter, sections 375a, 380a, and 387 to 389 of this title and

section 16d of Title 41, Public Contracts, and enacted provision

set out as a note under section 485j of this title. For complete

classification of this Act to the Code, see section 485k of this

title and Tables.

-End-

-CITE-

43 USC Sec. 485a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485a. Definitions

-STATUTE-

As used in this subchapter -

(a) The term "Federal reclamation laws" shall mean the Act of

June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof

supplementary thereto.

(b) The term "Secretary" shall mean the Secretary of the

Interior.

(c) The term "project" shall mean any reclamation or irrigation

project, including incidental features thereof, authorized by the

Federal reclamation laws, or constructed by the United States

pursuant to said laws, or in connection with which there is a

repayment contract executed by the United States, pursuant to said

laws, or any project constructed or operated and maintained by the

Secretary through the Bureau of Reclamation for the reclamation of

arid lands or other purposes.

(d) The term "construction charges" shall mean the amounts of

principal obligations payable to the United States under

water-right applications, repayment contracts, orders of the

Secretary, or other forms of obligation entered into pursuant to

the Federal reclamation laws, excepting amounts payable for water

rental or power charges, operation and maintenance and other yearly

service charges, and excepting also any other operation and

maintenance, interest, or other charges which are not covered into

the principal sums of the construction accounts of the Bureau of

Reclamation.

(e) The term "repayment contract" shall mean any contract

providing for payment of construction charges to the United States.

(f) The term "project contract unit" shall mean a project or any

substantial area of a project which is covered or is proposed to be

covered by a repayment contract. On any project where two or more

repayment contracts in part cover the same area and in part

different areas, the area covered by each such repayment contract

shall be a separate project contract unit. On any project where

there are either two or more repayment contracts on a single

project contract unit or two or more project contract units, the

repayment contracts or project contract units may be merged by

agreements in form satisfactory to the Secretary.

(g) The term "organization" shall mean any conservancy district,

irrigation district, water users' association, or other

organization, which is organized under State law and which has

capacity to enter into contracts with the United States pursuant to

the Federal reclamation laws.

(h) The term "division of a project" shall mean any part of a

project designated as a division by order of the Secretary or any

phase or feature of project operations given a separate designation

as a division by order of the Secretary for the purposes of orderly

and efficient administration.

(i) The term "development unit" shall mean a part of a project

which, for purposes of orderly engineering or reclamation

development, is designated as a development unit by order of the

Secretary.

(j) The term "irrigation block" shall mean an area of arid or

semiarid lands in a project in which, in the judgment of the

Secretary, the irrigable lands should be reclaimed and put under

irrigation at substantially the same time, and which is designated

as an irrigation block by order of the Secretary.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 2, 53 Stat. 1187; Pub. L. 85-611, Sec.

3, Aug. 8, 1958, 72 Stat. 543.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

Act", meaning act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended,

known as the Reclamation Project Act of 1939, which enacted this

subchapter, sections 375a, 380a, and 387 to 389 of this title and

section 16d of Title 41, Public Contracts, and enacted provision

set out as a note under section 485j of this title. For complete

classification of this Act to the Code, see section 485k of this

title and Tables.

Act of June 17, 1902, referred to in subsec. (a), is popularly

known as the Reclamation Act, which is classified generally to this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 371 of this title and

Tables.

-MISC1-

AMENDMENTS

1958 - Subsecs. (h) to (k). Pub. L. 85-611 repealed subsec. (h)

which defined "annual returns" and "normal returns", and

redesignated subsecs. (i) to (k) as (h) to (j), respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421b, 504, 620c of this

title.

-End-

-CITE-

43 USC Sec. 485b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485b. Amendment of existing repayment contracts

-STATUTE-

In connection with any repayment contract or other form of

obligation, existing on August 4, 1939, to pay construction

charges, providing for repayment on the basis of a definite period,

the Secretary is authorized, upon request by the water users

involved or their duly authorized representatives for amendment

under this section of said contract or other form of obligation,

and if in the Secretary's judgement such amendment is both

practicable and in keeping with the general purpose of this

subchapter, to amend said contract or other form of obligation so

as to provide that the construction charges remaining unaccrued on

the date of the amendment, or any later date agreed upon, shall be

spread in definite annual installments on the basis of a longer

definite period fixed in each case by the Secretary: Provided, That

for any construction charges said longer period shall not exceed

forty years, exclusive of 1931 and subsequent years to the extent

of moratoria or deferments of construction charges due and payable

for such years effected pursuant to Acts of Congress, from the date

when the first installment of said construction charges become due

and payable under the original obligation to pay said construction

charges and in no event shall the unexpired part of said longer

period exceed double the number of remaining years, as of the date

of the amendment made pursuant to this subchapter, in which

installments of said construction charges would become due and

payable under said existing repayment contract or other form of

obligation to pay construction charges.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 3, 53 Stat. 1188.)

-MISC1-

EXTENSION OF DATE OF MODIFICATION OF REPAYMENT CONTRACTS

Act Mar. 6, 1952, ch. 94, 66 Stat. 16, as amended by acts Aug.

31, 1954, ch. 1168, 68 Stat. 1044; Pub. L. 85-156, Aug. 21, 1957,

71 Stat. 390; Pub. L. 85-611, Sec. 3, Aug. 8, 1958, 72 Stat. 543;

Pub. L. 86-308, Sec. 2, Sept. 21, 1959, 73 Stat. 585, provided that

the authority vested in the Secretary of the Interior by sections

485b and 485f of this title should be extended through Dec. 31,

1960.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 485b-1, 485f, 485g of

this title.

-End-

-CITE-

43 USC Sec. 485b-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485b-1. Deferment of installments under repayment contracts;

determination of undue burden; conditions; supplemental contract;

report to Congress

-STATUTE-

(a) The authority granted in section 485b of this title for

modification of existing repayment contracts or other forms of

obligations to pay construction charges shall continue through

December 31, 1960.

(b) The Secretary is authorized, subject to the provisions of

this subsection to defer the time for the payment of such part of

any installments of construction charges under any repayment

contract or other form of obligation as he deems necessary to

adjust such installments to amounts within the probable ability of

the water users to pay. Any such deferment shall be effected only

after findings by the Secretary that the installments under

consideration probably cannot be paid on their due date without

undue burden on the water users, considering the various factors

which in the Secretary's judgment bear on the ability of the water

users so to pay.

The Secretary may effect the deferments hereunder subject to such

conditions and provisions relating to the operation and maintenance

of the project involved as he deems to be in the interest of the

United States. If, however, any deferments would affect

installments to accrue more than twelve months after the action of

deferment, they shall be effected only by a formal supplemental

contract. Such a contract shall provide by its terms that, it being

only an interim solution of the repayment problems dealt with

therein, its terms are not, in themselves, to be construed as a

criterion of the terms of any amendatory contract that may be

negotiated and that any such amendatory contract must be approved

by the Congress unless it does not lengthen the repayment period

for the project in question beyond that permitted by the laws

applicable to that project, involves no reduction in the total

amount payable by the water users, and is not in other respects

less advantageous to the Government than the existing contract

arrangements. The Secretary shall report to the Congress all

deferments granted under this subsection.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 17, 53 Stat. 1198; Apr. 24, 1945, ch.

94, Sec. 3, 59 Stat. 76; Pub. L. 85-611, Sec. 3, Aug. 8, 1958, 72

Stat. 543; Pub. L. 86-308, Sec. 1, Sept. 21, 1959, 73 Stat. 584.)

-MISC1-

AMENDMENTS

1959 - Subsec. (b). Pub. L. 86-308 made permanent the Secretary's

authority to grant deferments in payment of installments of

construction charges under repayment contracts.

1958 - Subsec. (a). Pub. L. 85-611 substituted "section 485b" for

"sections 485b and 485c".

1945 - Subsec. (a). Act Apr. 24, 1945, extended authority for

modification of existing repayment contracts or other forms of

obligations to pay construction charges through Dec. 31, 1950, or

Dec. 31 of the fifth full calendar year after the cessation of

hostilities of World War II, as determined by proclamation of the

President or concurrent resolution of Congress, whichever period

was the longer.

Subsec. (b). Act Apr. 24, 1945, authorized Secretary, subject to

provisions of this subsection, to defer the time for the payment of

such part of any installments of construction charges under any

repayment contract or other form of obligation that are due and

unpaid as of Apr. 24, 1945, or which would become due prior to the

expiration of authority under subsec. (a).

APPLICABILITY TO OTHER IRRIGATION PROJECTS

Section 3 of Pub. L. 86-308 provided that: "The provisions of

section 17, subsection (b), of the Reclamation Project Act of 1939

[subsec. (b) of this section], as amended by section 1 of this Act,

shall apply to any project within the administrative jurisdiction

of the Bureau of Reclamation to which, if it had been constructed

as a project under the Federal reclamation laws (Act of June 17,

1902, 32 Stat. 383) and Acts amendatory thereof or supplementary

thereto [see Short Title note set out under section 371 of this

title]), these provisions would be applicable."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 422k-1 of this title.

-End-

-CITE-

43 USC Sec. 485c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485c. Repealed. Pub. L. 85-611, Sec. 3, Aug. 8, 1958, 72 Stat.

543

-MISC1-

Section, acts Aug. 4, 1939, ch. 418, Sec. 4, 53 Stat. 1189; Apr.

24, 1945, ch. 94, Sec. 1, 59 Stat. 75, related to repayment

contracts with the United States. See section 485h(d)(3) of this

title.

-End-

-CITE-

43 USC Sec. 485d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485d. Time of payments to the United States

-STATUTE-

The Secretary in this discretion may require, in connection with

any contract entered into pursuant to the authority of this

subchapter, that the contract provide (1) that the payments for

each year to be made to the United States shall become due and

payable on such date or dates, not exceeding two, in each year as

the Secretary determines will be substantially contemporaneous with

the time or times in each year when water users receive crop

returns and (2) if the contract be with an organization, that

assessments or levies for the purpose of obtaining moneys

sufficient to meet the organization's payments under said contract

shall be made and shall become due and payable within a certain

period or periods of time prior to the date or dates on which the

organization's payments to the United States are due and payable,

said period or periods of time to be agreed upon in each said

contract.

The Secretary may provide such deferments of construction charges

as in his judgment are necessary to prevent said requirements from

resulting in inequitable pyramiding of payments of said charges.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 5, 53 Stat. 1191.)

-MISC1-

EXTENSION OF SECRETARY'S AUTHORITY TO ENTER INTO AMENDATORY

CONTRACTS

Secretary's authority extended through Dec. 31, 1960, see section

485b-1 of this title.

-End-

-CITE-

43 USC Sec. 485e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485e. Maintenance and operation of project works; delinquency

penalties

-STATUTE-

In connection with any contract, relating to construction

charges, entered into pursuant to the authority of this subchapter,

the Secretary is authorized to require such provisions as he 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. Any such contract shall require advance

payment of adequate operation and maintenance charges. The

Secretary is further authorized, in his discretion, to require such

provisions as he deems proper to penalize delinquencies in payments

of construction charges or operation and maintenance charges:

Provided, That in any event there shall be penalties imposed on

account of delinquencies of not less than one-half of 1 per centum

per month of the delinquent charge from and after the date when

such charge becomes due and payable: Provided further, That any

such contract shall require that no water shall be delivered to

lands or parties which are in arrears in the advance payment of

operation and maintenance or toll charges, or to lands or parties

which are in arrears for more than twelve months in the payment of

construction charges due from such lands or parties to the United

States or to the organization in which the lands or parties are

included, or to any lands or parties included in an organization

which is in arrears in the advance payment of operation and

maintenance or toll charges or in arrears more than twelve months

in the payment of construction charges due from such organization

to the United States.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 6, 53 Stat. 1191.)

-End-

-CITE-

43 USC Sec. 485f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485f. Negotiation of equitable contracts by Secretary

-STATUTE-

(a) Existing project contract unit

The Secretary is authorized and directed to investigate the

repayment problems of any existing project contract unit in

connection with which, in his judgment, a contract under section

485b or 485c (!1) of this title would not be practicable nor

provide an economically sound adjustment, and to negotiate a

contract which, in his judgment, both would provide fair and

equitable treatment of the repayment problems involved and would be

in keeping with the general purpose of this subchapter.

(b) New projects or projects under construction; public lands;

development periods

For any project, division of a project, development unit of a

project, or supplemental works on a project, under construction on

August 4, 1939, or for which appropriations had been made, and in

connection with which a repayment contract had not been executed,

allocations of costs may be made in accordance with the provisions

of section 485h of this title and a repayment contract may be

negotiated, in the discretion of the Secretary, (1) pursuant to the

authority of subsection (a) of this section or (2) in accordance,

as near as may be, with the provisions in section 485h(d) or

485h(e) of this title. In connection with any such project,

division, or development unit, on which the majority of the lands

involved are public lands of the United States, the Secretary,

prior to entering into a repayment contract, may fix a development

period for each irrigation block, if any, of not to exceed ten

years from and including the first year in which water is delivered

for the lands in said block: Provided, That in the event a

development period is fixed prior to execution of a repayment

contract, execution thereof shall be a condition precedent to

delivery of water after the close of the development period. During

any such development period water shall be delivered to the lands

in the irrigation block involved only on a toll-charge basis, at a

charge per annum per acre-foot to be fixed by the Secretary each

year and to be collected in advance of delivery of water. Pending

negotiation and execution of a repayment contract for any other

such project, division, or development unit, water may be delivered

for a period of not more than five years from August 4, 1939, on

the same toll-charge basis. Any such toll charges collected and

which the Secretary determines to be in excess of the cost of

operation and maintenance during the toll-charge period shall be

credited to the construction cost of the project in the manner

determined by the Secretary.

(c) Report of proposed contracts to Congress; approval; amendment

after approval

The Secretary from time to time shall report to the Congress on

any proposed contracts negotiated pursuant to the authority of

subsection (a) or (b)(1) of this section, and he may execute any

such contract on behalf of the United States only after approval

thereof has been given by Act of Congress. Contracts, so approved,

however, may be amended from time to time by mutual agreement and

without further approval by Congress if such amendments are within

the scope of authority granted prior to or after April 24, 1945, to

the Secretary under any Act, except that amendments providing for

repayment of construction charges in a period of years longer than

authorized by this subchapter, as it may be amended, shall be

effective only when approved by Congress.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 7, 53 Stat. 1192; Apr. 24, 1945, ch.

94, Sec. 2, 59 Stat. 76.)

-REFTEXT-

REFERENCES IN TEXT

Section 485c of this title, referred to in subsec. (a), was

repealed by Pub. L. 85-611, Sec. 3, Aug. 8, 1958, 72 Stat. 543.

-MISC1-

AMENDMENTS

1945 - Subsec. (c). Act Apr. 24, 1945, added second sentence.

EXTENSION OF SECRETARY'S AUTHORITY TO ENTER INTO AMENDATORY

CONTRACTS

Secretary's authority extended through Dec. 31, 1960, see section

485b-1 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 485g 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485g. Classification of lands

-STATUTE-

(a) Generally

The Secretary is authorized and directed in the manner

hereinafter provided to classify or to reclassify, from time to

time but not more often than at five-year intervals, as to

irrigability and productivity those lands which have been, are, or

may be included within any project.

(b) Necessity for request

No classification or reclassification pursuant to the authority

of this subchapter shall be undertaken unless a request therefor,

by an organization or duly authorized representatives of the water

users, in the form required by subsection (c) of this section has

been made of the Secretary. The Secretary shall plan the

classification work, undertaken pursuant to the authority of this

section, in such manner as in his judgment will result in the most

expeditious completion of the work.

(c) Furnishing data

In any request made to the Secretary for a land classification or

reclassification under this section, the organization or

representatives of the water users shall furnish a list of those

lands which are considered to be of comparatively low productivity

or to be nonproductive, and of those lands which are considered to

be of greater or lesser productivity than indicated by existing

classifications, if any, made pursuant to the Federal reclamation

laws, and shall furnish also such data relating thereto as the

Secretary by regulation may require.

(d) Primary determination

Upon receipt of any such request the Secretary shall make a

preliminary determination whether the requested land classification

or reclassification probably is justified by reason of the

conditions of the lands involved and other pertinent conditions of

the project, including its contractual relations with the United

States.

(e) Probable justification

If the Secretary finds probable justification and if the advance

to the United States hereinafter required is made, he shall

undertake as soon as practicable the classification or

reclassification of the lands listed in the request, and of any

other lands which have been, are, or may be included within the

project involved and which in his judgment should be classified or

reclassified.

(f) Expenses

One-half of the expense involved in any classification work

undertaken pursuant to this section shall be charged to operation

and maintenance administration nonreimbursable; and one-half shall

be paid in advance by the organization involved. On determining

probable justification for the requested classification or

reclassification as provided in this section, the Secretary shall

estimate the cost of the work involved and shall submit a statement

of the estimated cost to said organization. Said organization,

before commencement of the work, shall advance to the United States

one-half of the amount set forth in said statement and also shall

advance one-half of the amount of supplementary estimates of costs

which the Secretary may find it necessary to make from time to time

during the progress of the work; and said amounts shall be and

remain available for expenditure by the Secretary for the purposes

for which they are advanced, until the work is completed or

abandoned. After completion or abandonment of the work, the

Secretary, shall determine the actual costs thereof; and said

organization shall pay any additional amount required to make its

total payments hereunder equal to one-half of the actual cost or

shall be credited with any amount by which advances made by it

exceed one-half of said actual cost, as the case may be.

(g) Classification as prerequisite to contract

If in the judgment of the Secretary a classification or

reclassification pursuant to the provisions of this section is a

necessary preliminary to entering into a contract under section

485b or 485c (!1) of this title, he may require the same as a

condition precedent to entering into such a contract.

(h) Modification of existing obligations

No modification of any existing obligation to pay construction

charges on any project shall be made by reason of any

classification or reclassification undertaken pursuant to this

section without express authority therefor granted by Congress upon

recommendations of the Secretary made in a report under subsection

(f) of this section.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 8, 53 Stat. 1192; Pub. L. 93-608, Sec.

1(18), Jan. 2, 1975, 88 Stat. 1970.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation laws, referred to in subsec. (c), are

defined in section 485a of this title.

Section 485c of this title, referred to in subsec. (g), was

repealed by Pub. L. 85-611, Sec. 3, Aug. 8, 1958, 72 Stat. 543.

-MISC1-

AMENDMENTS

1975 - Subsecs. (f) to (i). Pub. L. 93-608 redesignated subsecs.

(g) to (i) as (f) to (h), respectively. Former subsec. (f), which

required a report to Congress by the Secretary on classifications

and reclassifications or project lands, was struck out.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 485h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485h. New projects; sale of water and electric power; lease of

power privileges

-STATUTE-

(a) Findings of Secretary

No expenditures for the construction of any new project, new

division of a project, or new supplemental works on a project shall

be made, nor shall estimates be submitted therefor, by the

Secretary until after he has made an investigation thereof and has

submitted to the President and to the Congress his report and

findings on -

(1) the engineering feasibility of the proposed construction;

(2) the estimated cost of the proposed construction;

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

allocated to irrigation and probably be repaid by the water

users;

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

allocated to power and probably be returned to the United States

in net power revenues;

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

allocated to municipal water supply or other miscellaneous

purposes and probably be returned to the United States.

If the proposed construction is found by the Secretary to have

engineering feasibility and if the repayable and returnable

allocations to irrigation, power, and municipal water supply or

other miscellaneous purposes found by the Secretary to be proper,

together with any allocation to flood control or navigation made

under subsection (b) of this section, equal the total estimated

cost of construction as determined by the Secretary, then the new

project, new division of a project, or supplemental works on a

project, covered by his findings, shall be deemed authorized and

may be undertaken by the Secretary. If all such allocations do not

equal said total estimated cost, then said new project, new

division, or new supplemental works may be undertaken by the

Secretary only after provision therefor has been made by Act of

Congress enacted after the Secretary has submitted to the President

and the Congress the report and findings involved.

(b) Allocation of part of cost to flood control or navigation

In connection with any new project, new division of a project, or

supplemental works on a project there may be allocated to flood

control or navigation the part of said total estimated cost which

the Secretary may find to be proper. Items for any such allocations

made in connection with projects which may be undertaken pursuant

to subsection (a) of this section shall be included in the

estimates of appropriations submitted by the Secretary for said

projects, and funds for such portions of the projects shall not

become available except as directly appropriated or allotted to the

Department of the Interior. In connection with the making of such

an allocation, the Secretary shall consult with the Chief of

Engineers and the Secretary of the Army, and may perform any of the

necessary investigations or studies under a cooperative agreement

with the Secretary of the Army. In the event of such an allocation

the Secretary of the Interior shall operate the project for

purposes of flood control or navigation, to the extent justified by

said allocation therefor.

(c) Furnishing water to municipalities; sale of electric power;

lease of power privileges

The Secretary is authorized to enter into contracts to furnish

water for municipal water supply or miscellaneous purposes:

Provided, That any such contract either (1) shall require repayment

to the United States, over a period of not to exceed forty years

from the year in which water is first delivered for the use of the

contracting party, with interest not exceeding the rate of 3 1/2

per centum per annum if the Secretary determines an interest charge

to be proper, of an appropriate share as determined by the

Secretary of that part of the construction costs allocated by him

to municipal water supply or other miscellaneous purposes; or (2)

shall be for such periods, not to exceed forty years, and at such

rates as in the Secretary's judgment will produce revenues at least

sufficient to cover an appropriate share of the annual operation

and maintenance cost and an appropriate share of such fixed charges

as the Secretary deems proper, and shall require the payment of

said rates each year in advance of delivery of water for said year.

Any sale of electric power or lease of power privileges, made by

the Secretary in connection with the operation of any project or

division of a project, shall be for such periods, not to exceed

forty years, and at such rates as in his judgment will produce

power revenues at least sufficient to cover an appropriate share of

the annual operation and maintenance cost, interest on an

appropriate share of the construction investment at not less than 3

per centum per annum, and such other fixed charges as the Secretary

deems proper: Provided further, That in said sales or leases

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.]. Nothing in this subsection shall be applicable to provisions

in existing contracts, made pursuant to law, for the use of power

and miscellaneous revenues of a project for the benefit of users of

water from such project. The provisions of this subsection

respecting the terms of sales of electric power and leases of power

privileges shall be in addition and alternative to any authority in

existing laws relating to particular projects. No contract relating

to municipal water supply or miscellaneous purposes or to electric

power or power privileges shall be made unless, in the judgment of

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

irrigation purposes.

(d) Delivery of water for irrigation; repayment contract

prerequisites

No water may be delivered for irrigation of lands in connection

with any new project, new division of a project, or supplemental

works on a project until an organization, satisfactory in form and

powers to the Secretary, has entered into a repayment contract with

the United States, in a form satisfactory to the Secretary,

providing among other things -

(1) That the Secretary may fix a development period for each

irrigation block, if any, of not to exceed ten years from and

including the first calendar year in which water is delivered for

the lands in said block; and that during the development period

water shall be delivered to the lands in the irrigation block

involved at a charge per annum per acre-foot, or other charge, to

be fixed by the Secretary each year and to be paid in advance of

delivery of water: Provided, That where the lands included in an

irrigation block are for the most part lands owned by the United

States, the Secretary, prior to execution of a repayment

contract, may fix a development period, but in such case

execution of such a contract shall be a condition precedent to

delivery of water after the close of the development period:

Provided further, That when the Secretary, by contract or by

notice given thereunder, shall have fixed a development period of

less than ten years, and at any time thereafter but before

commencement of the repayment period conditions arise which in

the judgment of the Secretary would have justified the fixing of

a longer period, he may amend such contract or notice to extend

such development period to a date not to exceed ten years from

its commencement, and in a case where no development period was

provided, he may amend such contract within the same limits:

Provided further, That when the Secretary shall have deferred the

payment of all or any part of any installments of construction

charges under any repayment contract pursuant to the authority of

the Act of September 21, 1959 (73 Stat. 584), he may, at any time

prior to the due date prescribed for the first installment not

reduced by such deferment, and by agreement with the contracting

organization, terminate the supplemental contract by which such

deferment was effected, credit the construction payments made,

and exercise the authority granted in this section. After the

close of the development period, any such charges collected and

which the Secretary determines to be in excess of the cost of the

operation and maintenance during the development period shall be

credited to the construction cost of the project in the manner

determined by the Secretary.

(2) That the part of the construction costs allocated by the

Secretary to irrigation shall be included in a general repayment

obligation of the organization; and that the organization may

vary its distribution of construction charges in a manner that

takes into account the productivity of the various classes of

lands and the benefits accruing to the lands by reason of the

construction: Provided, That no distribution of construction

charges over the lands included in the organization shall in any

manner be deemed to relieve the organization or any party or any

land therein of the organization's general obligation to the

United States.

(3) That the general repayment obligation of the organization

shall be spread in annual installments, of the number and amounts

fixed by the Secretary, over a period of not more than 40 years,

exclusive of any development period fixed under paragraph (1) of

this subsection, for any project contract unit or, if the project

contract unit be divided into two or more irrigation blocks, for

any such block, or as near to said period of not more than forty

years as is consistent with the adoption and operation of a

variable payment formula which, being based on full repayment

within such period under average conditions, permits variance in

the required annual payments in the light of economic factors

pertinent to the ability of the organization to pay.

(4) That the first annual installment for any project contract

unit, or for any irrigation block, as the case may be, shall

accrue, on the date fixed by the Secretary, in the year after the

last year of the development period or, if there be not

development period, in the calendar year after the Secretary

announces that the construction contemplated in the repayment

contract is substantially completed or is advanced to a point

where delivery of water can be made to substantially all of the

lands in said unit or block to be irrigated; and if there be no

development period fixed, that prior to and including the year in

which the Secretary makes said announcement water shall be

delivered only on the toll charge basis hereinbefore provided for

development periods.

(e) Contracts to furnish water

In lieu of entering into a repayment contract pursuant to the

provisions of subsection (d) of this section to cover that part of

the cost of the construction of works connected with water supply

and allocated to irrigation, the Secretary, in his discretion, may

enter into either short- or long-term contracts to furnish water

for irrigation purposes. Each such contract shall be for such

period, not to exceed forty years, and at such rates as in the

Secretary's judgment will produce revenues at least sufficient to

cover an appropriate share of the annual operation and maintenance

cost and an appropriate share of such fixed charges as the

Secretary deems proper, due consideration being given to that part

of the cost of construction of works connected with water supply

and allocated to irrigation; and shall require payment of said

rates each year in advance of delivery of water for said year. In

the event such contracts are made for furnishing water for

irrigation purposes, the costs of any irrigation water distribution

works constructed by the United States in connection with the new

project, new division of a project, or supplemental works on a

project, shall be covered by a repayment contract entered into

pursuant to subsection (d) of this section.

(f) Public participation

No less than sixty days before entering into or amending any

repayment contract or any contract for the delivery of irrigation

water (except any contract for the delivery of surplus or interim

irrigation water whose duration is for one year or less) the

Secretary shall -

(1) publish notice of the proposed contract or amendment in

newspapers of general circulation in the affected area and shall

make reasonable efforts to otherwise notify interested parties

which may be affected by such contract or amendment, together

with information indicating to whom comments or inquiries

concerning the proposed actions can be addressed; and

(2) provide an opportunity for submission of written data,

views and arguments, and shall consider all substantive comments

so received.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 9, 53 Stat. 1193; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 85-611, Secs. 1,

3, Aug. 8, 1958, 72 Stat. 542, 543; Pub. L. 87-613, Sec. 2, Aug.

28, 1962, 76 Stat. 407; Pub. L. 97-293, title II, Sec. 226, Oct.

12, 1982, 96 Stat. 1273.)

-REFTEXT-

REFERENCES IN TEXT

The Rural Electrification Act of 1936, referred to in subsec.

(c), 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.

Act of September 21, 1959, referred to in subsec. (d)(1), is Pub.

L. 86-308, Sept. 21, 1959, 73 Stat. 584, which amended section

485b-1 of this title, enacted provisions set out as a note under

section 485b-1 of this title, and amended provisions set out as a

note under section 485b of this title. For complete classification

of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1982 - Subsec. (f). Pub. L. 97-293 added subsec. (f).

1962 - Subsec. (d)(1). Pub. L. 87-613 authorized the Secretary,

when a development period of less than ten years was fixed by

contract and, before repayment period conditions arose which would

justify a longer period, to amend such contract to extend such

period to not exceed ten years from its start, and where no period

was provided, to grant a period not to exceed ten years, and where

he deferred payment of any construction charges pursuant to act of

September 21, 1959, authorized him, prior to the due date of the

first installment not reduced by such deferment, by agreement with

the contracting organization, to terminate the supplemental

contract by which such deferment was effected, credit the

construction payments made, and exercise the authority granted in

this section.

1958 - Subsec. (d)(3). Pub. L. 85-611, Sec. 1, permitted the

general repayment obligation to be spread in annual installments as

near to the period of not more than 40 years as is consistent with

the adoption and operation of a variable payment formula which

permits variance in the required annual payments.

Subsec. (d)(5). Pub. L. 85-611, Sec. 3, struck out provisions

which required repayment contracts to provide that each year the

installment of the organization's repayment obligation scheduled

for such year shall be the construction charges due and payable for

such year, or that each year the installment for such year of the

organization's repayment obligation shall be increased or decreased

on the basis of the normal and percentages plan provided in former

section 485c of this title for modification of existing obligations

to pay construction charges, and the amount of the annual

installment, as thus increased or decreased, shall be the

construction charges due and payable for such year.

-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 Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

CONSTRUCTION WITH SECTION 101-1 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.

MUNICIPAL, DOMESTIC, AND INDUSTRIAL WATER SUPPLY CONTRACTS;

RENEWALS; CONFORMING AMENDMENTS TO EXISTING CONTRACTS; "LONG-TERM

CONTRACT" DEFINED

Pub. L. 88-44, June 21, 1963, 77 Stat. 68, provided: "That the

Secretary of the Interior shall, upon request of the other party to

any long-term contract for municipal, domestic, or industrial water

supply hereafter entered into under clause (2) in the proviso to

the first sentence of section 9, subsection (c), of the Reclamation

Project Act of 1939 (53 Stat. 1195, 43 U.S.C. 485h), include

provision for renewal thereof subject to renegotiation of (1) the

charges set forth in the contract in the light of circumstances

prevailing at the time of renewal and (2) any other matters with

respect to which the right to renegotiate is reserved in the

contract. Any right of renewal shall be exercised within such

reasonable time prior to the expiration of the contract as the

parties shall have agreed upon and set forth therein.

"Sec. 2. The Secretary shall also, upon like request, provide in

any such long-term contract or in any contract entered into under

clause (1) of the proviso aforesaid that the other party to the

contract shall, during the term of the contract and of any renewal

thereof and subject to fulfillment of all obligations thereunder,

have a first right for the purposes stated in the contract (to

which right the holders of any other type of contract for

municipal, domestic, or industrial water supply shall be

subordinate) to a stated share or quantity of the project's water

supply available for municipal, domestic, or industrial use.

"Sec. 3. The Secretary is hereby authorized, upon request by the

other party, to negotiate amendments to existing contracts entered

into pursuant to the first sentence of section 9, subsection (c),

of the Reclamation Project Act of 1939 [subsec. (c) of this

section] to conform said contracts to the provisions of this Act.

"Sec. 4. As used in this Act, the term 'long-term contract' means

any contract the term of which is more than ten years."

EXTENSION OF VARIABLE PAYMENT PLAN TO OTHER ORGANIZATIONS

Section 2 of Pub. L. 85-611 provided that: "The benefits of a

variable payment plan as provided in the amendment to paragraph (3)

of section 9, subsection (d), of the Reclamation Project Act of

1939 [subsec. (d)(3) of this section] contained in section 1 of

this Act may be extended by the Secretary to any organization 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 the Act

of August 11, 1939 (53 Stat. 1418), as amended [section 590y et

seq. of Title 16, Conservation], and contracts for the storage of

water or for the use of stored water under section 8 of the Act of

December 22, 1944 (58 Stat. 887, 891) [section 390 of this title].

In the case of any project for which a maximum repayment period

longer than that prescribed in said paragraph (3) has been or is

allowed by Act of Congress, the period so allowed may be used by

the Secretary in lieu of the forty-year period provided in said

amendment to paragraph (3)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390cc, 421b, 422e, 485f,

485h-1, 485h-2, 485h-6, 620c, 1524, 1573 of this title; title 22

section 277f; title 33 section 701-1.

-End-

-CITE-

43 USC Sec. 485h-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485h-1. Administration of repayment contracts and long-term

contracts to furnish water; renewal and conversion; credit for

payments; right to available water supply; rates; construction

component

-STATUTE-

In administering subsections (d) and (e) of section 485h of this

title, the Secretary of the Interior shall -

(1) include in any long-term contract hereafter entered into

under subsection (e) of section 485h of this title provision, if

the other contracting party so requests, for renewal thereof

under stated terms and conditions mutually agreeable to the

parties. Such terms and conditions shall provide for an increase

or decrease in the charges set forth in the contract to reflect,

among other things, increases or decreases in construction,

operation, and maintenance costs and improvement or deterioration

in the party's repayment capacity. Any right of renewal shall be

exercised within such reasonable time prior to the expiration of

the contract as the parties shall have agreed upon and set forth

therein;

(2) include in any long-term contract hereafter entered into

under subsection (e) of section 485h of this title with a

contracting organization provision, if the organization so

requests, for conversion of said contract, under stated terms and

conditions mutually agreeable to the parties, to a contract under

subsection (d) of section 485h of this title at such time as,

account being taken of the amount credited to return by the

organization as hereinafter provided, the remaining amount of

construction cost which is properly assignable for ultimate

return by it can probably be repaid to the United States within

the term of a contract under subsection (d) of section 485h of

this title;

(3) credit each year to every party which has entered into or

which shall enter into a long-term contract pursuant to

subsection (e) of section 485h of this title so much of the

amount paid by said party on or before the due date as is in

excess of the share of the operation and maintenance costs of the

project which the Secretary finds is properly chargeable to that

party. Credit for payments heretofore made under any such

contract shall be established by the Secretary as soon after July

2, 1956 as it is feasible for him to do so. After the sum of such

credits is equal to the amount which would have been for

repayment by the party if a repayment contract under subsection

(d) of section 485h of this title had been entered into, which

amount shall be established by the Secretary upon completion of

the project concerned or as far in advance thereof as is

feasible, no construction component shall be included in any

charges made for the furnishing of water to the contracting party

and any charges theretofore fixed by contract or otherwise shall

be reduced accordingly;

(4) provide that the other party to any contract entered into

pursuant to subsection (d) of section 485h of this title or to

any long-term contract entered into pursuant to subsection (e) of

section 485h of this title shall, during the term of the contract

and of any renewal thereof and subject to fulfillment of all

obligations thereunder, have a first right (to which right the

rights of the holders of any other type of irrigation water

contract shall be subordinate) to a stated share or quantity of

the project's available water supply for beneficial use on the

irrigable lands within the boundaries of, or owned by, the party

and a permanent right to such share or quantity upon completion

of payment of the amount assigned for ultimate return by the

party subject to payment of an appropriate share of such costs,

if any, as may thereafter be incurred by the United States in its

operation and maintenance of the project works; and (!1)

(5) Provide (!2) for payment of rates under any contract

entered into pursuant to said subsection (e) in advance of

delivery of water on an annual, semiannual, bimonthly, or monthly

basis as specified in the contract.(!3)

(6) include a reasonable construction component in the rates

set out in any long-term contract hereafter entered into under

subsection (e) of section 485h of this title prior to

amortization of that part of the cost of constructing the project

which is assigned to be repaid by the contracting party.

-SOURCE-

(July 2, 1956, ch. 492, Sec. 1, 70 Stat. 483; Pub. L. 96-375, Sec.

8, Oct. 3, 1980, 94 Stat. 1507.)

-COD-

CODIFICATION

Section was not enacted as part of the Reclamation Project Act of

1939 which comprises this subchapter.

-MISC1-

AMENDMENTS

1980 - Cl. (5). Pub. L. 96-375 authorized payments on a bimonthly

and monthly basis.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 485h-2, 485h-3, 485h-4,

485h-5 of this title.

-FOOTNOTE-

(!1) So in original. The word "and" probably should not appear.

(!2) So in original. Probably should not be capitalized.

(!3) So in original. The period probably should be "; and".

-End-

-CITE-

43 USC Sec. 485h-2 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485h-2. Amendments to existing contracts

-STATUTE-

The Secretary is authorized to negotiate amendments to existing

contracts entered into pursuant to subsection (e) of section 485h

of this title to conform said contracts to the provisions of

sections 485h-1 to 485h-5 of this title.

-SOURCE-

(July 2, 1956, ch. 492, Sec. 2, 70 Stat. 484.)

-COD-

CODIFICATION

Section was not enacted as part of the Reclamation Project Act of

1939 which comprises this subchapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 485h-3, 485h-4, 485h-5 of

this title.

-End-

-CITE-

43 USC Sec. 485h-3 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485h-3. "Long-term contract" defined

-STATUTE-

As used in sections 485h-1 to 485h-5 of this title, the term

"long-term contract" shall mean any contract the term of which is

more than ten years.

-SOURCE-

(July 2, 1956, ch. 492, Sec. 3, 70 Stat. 484.)

-COD-

CODIFICATION

Section was not enacted as part of the Reclamation Project Act of

1939 which comprises this subchapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 485h-2, 485h-4, 485h-5 of

this title.

-End-

-CITE-

43 USC Sec. 485h-4 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485h-4. Application of State laws

-STATUTE-

Nothing in sections 485h-1 to 485h-5 of this title shall be

construed as affecting or intended to affect or to in any way

interfere with the laws of any State relating to the control,

appropriation, use, or distribution of water used in irrigation, or

any vested right acquired thereunder, and the Secretary in carrying

out the provisions of such sections, shall proceed in conformity

with such laws, and nothing herein 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: Provided, That the right

to the use of water acquired under the provisions of such sections

shall be appurtenant to the land irrigated and beneficial use shall

be the basis, the measure, and the limit of the right.

-SOURCE-

(July 2, 1956, ch. 492, Sec. 4, 70 Stat. 484.)

-COD-

CODIFICATION

Section was not enacted as part of the Reclamation Project Act of

1939 which comprises this subchapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 485h-2, 485h-3, 485h-5 of

this title.

-End-

-CITE-

43 USC Sec. 485h-5 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485h-5. Supplement to Federal reclamation laws

-STATUTE-

Sections 485h-1 to 485h-5 of this title shall be a supplement to

the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388,

and Acts amendatory thereof or supplementary thereto).

-SOURCE-

(July 2, 1956, ch. 492, Sec. 5, 70 Stat. 484.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Reclamation Project Act of

1939 which comprises this subchapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 485h-2, 485h-3, 485h-4 of

this title.

-End-

-CITE-

43 USC Sec. 485h-6 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485h-6. Repayment contracts; amendment for provision, addition

or modification of irrigation blocks

-STATUTE-

After the execution of a contract pursuant to the authority of

section 9(d)(1) of the Reclamation Project Act of 1939 [43 U.S.C.

485h(d)(1)] and prior to the commencement of the development period

provided thereunder, the Secretary of the Interior is authorized to

amend such contract to provide for irrigation blocks, or if such

are already provided, to add to or modify such irrigation blocks,

as he shall deem desirable to carry out the purposes of that Act.

-SOURCE-

(Pub. L. 87-613, Sec. 1, Aug. 28, 1962, 76 Stat. 407.)

-REFTEXT-

REFERENCES IN TEXT

That Act, referred to in text, means act Aug. 4, 1939, ch. 418,

53 Stat. 1187, as amended, which enacted this subchapter, sections

375a, 380a, and 387 to 389 of this title and section 16d of Title

41, Public Contracts, and enacted provision set out as a note under

section 485j of this title. For complete classification of this Act

to the Code, see section 485k of this title and Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Reclamation Project Act of

1939 which comprises this subchapter.

-End-

-CITE-

43 USC Sec. 485h-7 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485h-7. Amendment of repayment contract for payment of annual

installments in two parts

-STATUTE-

In any repayment contract which provides for payment of

construction charges by single annual installments, the Secretary

may by agreement with the contracting organization amend such

contract to provide for the payment of such annual installments in

two parts on such dates in the calendar year as may best enable the

contracting organization to meet its payments.

-SOURCE-

(Pub. L. 87-613, Sec. 3, Aug. 28, 1962, 76 Stat. 408.)

-COD-

CODIFICATION

Section was not enacted as part of the Reclamation Project Act of

1939 which comprises this subchapter.

-End-

-CITE-

43 USC Sec. 485i 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485i. Rules and regulations

-STATUTE-

The Secretary is authorized to perform any and all acts and to

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

the purpose of carrying the provisions of this subchapter into full

force and effect.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 15, 53 Stat. 1198.)

-End-

-CITE-

43 USC Sec. 485j 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485j. Effect on existing laws

-STATUTE-

The provisions of previous Acts of Congress not inconsistent with

the provisions of this subchapter shall remain in full force and

effect.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 16, 53 Stat. 1198.)

-MISC1-

CONSTRUCTION WITH OTHER LAWS

Section 18 of act Aug. 4, 1939, provided: "Nothing in this Act

[see section 485k of this title] shall be construed to amend the

Boulder Canyon Project Act (45 Stat. 1057), as amended [section 617

et seq. of this title]."

-End-

-CITE-

43 USC Sec. 485k 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-

Sec. 485k. Short title

-STATUTE-

This subchapter may be cited as the "Reclamation Project Act of

1939."

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 19, 53 Stat. 1198.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

Act", meaning act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended,

which enacted this subchapter, sections 375a, 380a, and 387 to 389

of this title and section 16d of Title 41, Public Contracts, and

enacted provision set out as a note under section 485j of this

title. For complete classification of this Act to the Code, see

Tables.

-End-

-CITE-

43 USC SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS

GENERALLY 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-End-

-CITE-

43 USC Sec. 491 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 491. Authority of Secretary to operate works

-STATUTE-

The Secretary of the Interior is authorized and directed to use

the reclamation fund for the operation and maintenance of all

reservoirs and irrigation works constructed under the provisions of

this Act.

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 6, 32 Stat. 389.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act June 17, 1902, popularly

known as the Reclamation Act, which is classified generally to this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 371 of this title and

Tables.

-COD-

CODIFICATION

Section is comprised of part of section 6 of act June 17, 1902.

Remainder of such section 6 is classified to section 498 of this

title.

-MISC1-

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-

43 USC Sec. 492 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 492. Operation and maintenance charges generally

-STATUTE-

In addition to the construction charge, every water-right

applicant, entryman, or landowner under or upon a reclamation

project shall also pay, whenever water service is available for the

irrigation of his land, an operation and maintenance charge based

upon the total cost of operation and maintenance of the project, or

each separate unit thereof, and such charge shall be made for each

acre-foot of water delivered; but each acre of irrigable land,

whether irrigated or not, shall be charged with a minimum operation

and maintenance charge based upon the charge for delivery of not

less than one acre-foot of water. If the total amount of operation

and maintenance charges and penalties collected for any one

irrigation season on any project shall exceed the cost of operation

and maintenance of the project during that irrigation season, the

balance shall be applied to a reduction of the charge on the

project for the next irrigation season, and any deficit incurred

may likewise be added to the charge for the next irrigation season.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 5, 38 Stat. 687.)

-COD-

CODIFICATION

Section is comprised of part of first sentence and second

sentence of section 5 of act Aug. 13, 1914. Remainder of first

sentence of such section is classified to section 499 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 465, 475, 511, 591a of

this title.

-End-

-CITE-

43 USC Sec. 493 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 493. Operation charges; date of payment; discount; advance

payment

-STATUTE-

All operation and maintenance charges upon projects existing

prior to December 5, 1924, shall become due and payable on the date

fixed for each project by the Secretary of the Interior, and if

such charge is paid on or before the date when due there shall be a

discount of 5 per centum of such charge.

All contracts providing for new projects and new divisions of

projects approved after December 5, 1924, shall require that all

operation and maintenance charges shall be payable in advance. In

each case where the care, operation, and maintenance of a project

or division of a project are transferred to the water users the

contract shall require the payment of operation and maintenance

charges in advance. Whenever an adjustment of water charges is made

under sections 371, 376, 377, 412, 417, 433, 438,(!1) 462, 463,(!1)

466, 467,(!1) 473,(!1) 474,(!1) 478, 493, 494, 500, 501 and 526 of

this title the adjustment contract shall provide that thereafter

all operation and maintenance charges shall be payable in advance.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 6, 38 Stat. 688; Dec. 5, 1924, ch. 4,

Sec. 4, subsec. N, 43 Stat. 704.)

-REFTEXT-

REFERENCES IN TEXT

Section 438 of this title, referred to in text, was repealed by

act Aug. 13, 1953, ch. 428, Sec. 10, 67 Stat. 568.

Sections 463, 467, 473, and 474 of this title, referred to in

text, were repealed by act May 25, 1926, ch. 383, Sec. 47, 44 Stat.

650.

-COD-

CODIFICATION

First paragraph of this section is comprised of part of first

sentence of section 6 of act Aug. 13, 1914. Remainder of first

sentence of such section 6 is classified to sections 479, 494, and

495 of this title; second and third sentences of such section 6 are

classified to sections 496 and 497 of this title, respectively.

Second paragraph of this section is from act Dec. 5, 1924.

Language was inserted in the first paragraph of this section

limiting it to projects existing prior to Dec. 5, 1924, to avoid

conflict with second paragraph applicable to projects after Dec. 5,

1924.

-CROSS-

DEFINITIONS

The definitions in section 371 of this title apply to this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 371, 417, 475, 500, 511

of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 493a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 493a. Omitted

-COD-

CODIFICATION

Section, act May 10, 1926, ch. 277, 44 Stat. 479, authorized

Secretary of the Interior, until June 30, 1927, to extend time for

payment of charges for period not exceeding 5 years.

-End-

-CITE-

43 USC Sec. 494 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 494. Pecuniary penalty for nonpayment of operation charge

-STATUTE-

If any operation or maintenance charge is unpaid on the 1st day

of the third calendar month after it became due a penalty of 1 per

centum of the amount unpaid shall be added thereto, and thereafter

an additional penalty of one-half of 1 per centum of the amount

unpaid shall be added on the 1st day of each calendar month if such

charge and penalties shall remain unpaid.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 6, 38 Stat. 688; Dec. 5, 1924, ch. 4,

Sec. 4, subsec. H, 43 Stat. 703.)

-COD-

CODIFICATION

Section is comprised of part of first sentence of section 6 of

act Aug. 13, 1914. Remainder of first sentence of such section 6 is

classified to sections 479, 493 and 495 of this title; second and

third sentences of such section 6 are classified to sections 496

and 497 of this title, respectively.

Act Dec. 5, 1924, reduced the additional penalty from 1 per

centum to one-half of 1 per centum.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 371, 417, 475, 493, 500,

511 of this title.

-End-

-CITE-

43 USC Sec. 495 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 495. Shutting off water for nonpayment of operation charge

-STATUTE-

No water shall be delivered to the lands of any water-right

applicant or entryman who shall be in arrears for more than one

calendar year for the payment of any charge for operation and

maintenance.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 6, 38 Stat. 688.)

-COD-

CODIFICATION

Section is comprised of part of first sentence of section 6 of

act Aug. 13, 1914. Remainder of first sentence of such section 6 is

classified to sections 479, 493 and 494 of this title; second and

third sentences of such section 6 are classified to sections 496

and 497 of this title, respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 475, 511 of this title.

-End-

-CITE-

43 USC Sec. 496 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 496. Cancellation of entry or water right for nonpayment of

operation charge

-STATUTE-

If any water-right applicant or entryman shall be one year in

arrears in the payment of any charge for operation and maintenance

and penalties, or any part thereof, his water-right application,

and if he be a homestead entryman his entry also, shall be subject

to cancellation, and all payments made by him forfeited to the

reclamation fund, but no homestead entry shall be subject to

contest because of such arrears.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 6, 38 Stat. 688.)

-COD-

CODIFICATION

Section is comprised of second sentence of section 6 of act Aug.

13, 1914. First and third sentences of such section 6 are

classified to sections 479, 493, 494, 495, 497 of this title,

respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 475, 511 of this title.

-End-

-CITE-

43 USC Sec. 497 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 497. Action to recover operation charge and penalty

-STATUTE-

In the discretion of the Secretary of the Interior suit or action

may be brought for the amounts of operation or maintenance charges

in default and penalties in like manner as provided in section 481

of this title.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 6, 38 Stat. 688.)

-COD-

CODIFICATION

Section is comprised of third sentence of section 6 of act Aug.

13, 1914. First and second sentences of such section 6 are

classified to sections 479, 493, 494, 495, and 496 of this title,

respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 475, 511 of this title.

-End-

-CITE-

43 USC Sec. 498 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 498. Transfer of management and operation of works to water

users generally

-STATUTE-

When the payments required by this Act are made for the major

portion of the lands irrigated from the waters of any of the works

herein provided for, then the management and operation of such

irrigation works shall pass to the owners of the lands irrigated

thereby, to be maintained at their expense under such form of

organization and under such rules and regulations as may be

acceptable to the Secretary of the Interior; Provided, That the

title to and the management and operation of the reservoirs and the

works necessary for their protection and operation shall remain in

the Government until otherwise provided by Congress.

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 6, 32 Stat. 389.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act June 17, 1902, popularly

known as the Reclamation Act, which is classified generally to this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 371 of this title and

Tables.

-COD-

CODIFICATION

Section is comprised of part of section 6 of act June 17, 1902.

Remainder of such section 6 is classified to section 491 of this

title.

-MISC1-

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 522, 524, 569 of this

title.

-End-

-CITE-

43 USC Sec. 499 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 499. Discretionary power to transfer management

-STATUTE-

Whenever any legally organized water-users' association or

irrigation district shall so request, the Secretary of the Interior

is authorized, in his discretion, to transfer to such water-users'

association or irrigation district the care, operation, and

maintenance of all or any part of the project works, subject to

such rules and regulations as he may prescribe.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 5, 38 Stat. 687.)

-COD-

CODIFICATION

Section is comprised of part of first sentence of section 5 of

act Aug. 13, 1914. Remainder of first sentence and second sentence

of such section 5 are classified to section 492 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 475, 511 of this title;

title 25 section 564l.

-End-

-CITE-

43 USC Sec. 499a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 499a. Transfer of title to movable property; use of

appropriations

-STATUTE-

Whenever an irrigation district, municipality, or water users'

organization assumes operation and maintenance of works constructed

to furnish or distribute a water supply pursuant to a contract

entered into with the United States in accordance with the Federal

reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts

amendatory thereof or supplementary thereto), the Secretary of the

Interior may transfer to said district, municipality, or

organization title to movable property which has been purchased

with funds advanced by the district, municipality, or organization

or which, in the case of property purchased with appropriated

funds, is necessary to the operation and maintenance of such works

and the value of which is to be repaid under a contract with the

district, municipality, or organization. In order to encourage the

assumption by irrigation districts, municipalities, and water

users' organizations of the operation and maintenance of works

constructed to furnish or distribute a water supply, the Secretary

is authorized to use appropriated funds available for the project

involved to acquire movable property for transfer under the terms

and conditions hereinbefore provided, at the time operation and

maintenance is assumed.

-SOURCE-

(July 29, 1954, ch. 616, 68 Stat. 580; Aug. 2, 1956, ch. 884, 70

Stat. 940; Pub. L. 89-48, Sec. 1, June 24, 1965, 79 Stat. 172.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-MISC1-

AMENDMENTS

1965 - Pub. L. 89-48 extended provisions to municipalities and

broadened their scope, previously limited to operation and

maintenance of irrigation works, to cover operation and maintenance

of works constructed to furnish or distribute a water supply.

1956 - Act Aug. 2, 1956, authorized Secretary to use appropriated

funds for a project to acquire movable property for transfer to

irrigation districts and other water users' organizations to

encourage them to take over operation and maintenance of

reclamation projects as soon as they are completed.

SHORT TITLE

This section is popularly known as the "Title to Movable Property

Act."

-End-

-CITE-

43 USC Sec. 499b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 499b. Transfer to municipal corporations or other

organizations of care, operation, and maintenance of works

supplying water for municipal, domestic, or industrial use

-STATUTE-

Whenever a municipal corporation or other organization to which

water for municipal, domestic, or industrial use is furnished or

distributed under a contract entered into with the United States

pursuant to the Federal reclamation laws so requests, the Secretary

of the Interior is authorized to transfer to it or its nominee the

care, operation, and maintenance of the works by which such water

supply is made available or such part of those works as, in his

judgment, is appropriate in the circumstances, subject to such

terms and conditions as he may prescribe.

-SOURCE-

(Pub. L. 89-48, Sec. 2, June 24, 1965, 79 Stat. 172.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation laws, referred to in text, include the

act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as

the Reclamation Act, and Acts amendatory thereof and supplementary

thereto, classified generally to this chapter. For complete

classification of act June 17, 1902, to the Code, see Short Title

note set out under section 371 of this title and Tables.

-End-

-CITE-

43 USC Sec. 500 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 500. Duty of association or district to take over management

-STATUTE-

Whenever two-thirds of the irrigable area of any project, or

division of a project, shall be covered by water-right contracts

between the water users and the United States, said project shall

be required, as a condition precedent to receiving the benefits of

sections 371, 376, 377, 412, 417, 433, 438,(!1) 462, 463,(!1) 466,

467,(!1) 473,(!1) 474,(!1) 478, 493, 494, 500, 501, and 526 of this

title to take over, through a legally organized water-users'

association or irrigation district, the care, operation, and

maintenance of all or any part of the project works, subject to

such rules and regulations as the Secretary may prescribe, and

thereafter the United States, in its relation to said project,

shall deal with a water users' association or irrigation district,

and when the water users assume control of a project, the operation

and maintenance charges for the year then current shall be covered

into the construction account to be repaid as part of the

construction repayments.

-SOURCE-

(Dec. 5, 1924, ch. 4, Sec. 4, subsec. G, 43 Stat. 702.)

-REFTEXT-

REFERENCES IN TEXT

Section 438 of this title, referred to in text, was repealed by

act Aug. 13, 1953, ch. 428, Sec. 10, 67 Stat. 568.

Sections 463, 467, 473, and 474 of this title, referred to in

text, were repealed by act May 25, 1926, ch. 383, Sec. 47, 44 Stat.

650.

-CROSS-

DEFINITIONS

The definitions in section 371 of this title apply to this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 371, 417, 493 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 501 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 501. Disposition of profits of project taken over by water

users

-STATUTE-

Whenever the water users take over the care, operation, and

maintenance of a project, or a division of a project, the total

accumulated net profits, as determined by the Secretary, derived

from the operation of project power plants, leasing of project

grazing and farm lands, and the sale or use of town sites shall be

credited to the construction charge of the project, or a division

thereof, and thereafter the net profits from such sources may be

used by the water users to be credited annually, first, on account

of project construction charge, second, on account of project

operation and maintenance charge, and third, as the water users may

direct. No distribution to individual water users shall be made out

of any such profits before all obligations to the Government shall

have been fully paid.

-SOURCE-

(Dec. 5, 1924, ch. 4, Sec. 4, subsec. I, 43 Stat. 703.)

-CROSS-

DEFINITIONS

The definitions in section 371 of this title apply to this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 371, 417, 493, 500, 572

of this title.

-End-

-CITE-

43 USC Sec. 502 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 502. Emergency fund to assure continuous operation of projects

and project facilities governed by Federal reclamation law

-STATUTE-

In order to assure continuous operation of all projects and

project facilities governed by the Federal reclamation law (Act of

June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or

supplementary thereto), including any project and facilities

constructed with funds provided by the Small Reclamation Projects

Act (Act of August 6, 1956, 70 Stat. 1044, and Acts amendatory

thereof or supplementary thereto) [43 U.S.C. 422a et seq.] or with

funds provided by the Distribution System Loans Act (Act of May 14,

1956, 69 Stat. 244, and Acts amendatory thereof or supplementary

thereto), there is hereby authorized to be appropriated from the

reclamation fund an emergency fund which shall be available for

defraying expenses which the Commissioner of Reclamation determines

are required to be incurred because of unusual or emergency

conditions.

-SOURCE-

(June 26, 1948, ch. 676, Sec. 1, 62 Stat. 1052; Pub. L. 97-275,

Oct. 1, 1982, 96 Stat. 1185.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

The Small Reclamation Projects Act, referred to in text, probably

means the Small Reclamation Projects Act of 1956, act Aug. 6, 1956,

ch. 972, 70 Stat. 1044, as amended, which is classified generally

to subchapter IV (Sec. 422a et seq.) of this chapter. For complete

classification of this Act to the Code, see section 422k of this

title and Tables.

The Distribution System Loans Act (Act of May 14, 1956, 69 Stat.

244, and Acts amendatory thereof or supplementary thereto),

referred to in text, probably means act July 4, 1955, ch. 271, 69

Stat. 244, as amended, which is classified generally to sections

421a to 421h of this title. Act May 14, 1956, ch. 268, 70 Stat.

155, amended section 421c of this title. For complete

classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-275 substituted "all projects and project

facilities governed by the Federal reclamation law (Act of June 17,

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

thereto), including any project and facilities constructed with

funds provided by the Small Reclamation Projects Act (Act of August

6, 1956, 70 Stat. 1044, and Acts amendatory thereof or

supplementary thereto) or with funds provided by the Distribution

System Loans Act (Act of May 14, 1956, 69 Stat. 244, and Acts

amendatory thereof or supplementary thereto)" for "irrigation or

power systems operated and maintained by the Bureau of Reclamation,

Department of the Interior".

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

Stat. 1262, set out under section 1451 of this title.

-MISC2-

EMERGENCY DROUGHT AUTHORITY

Pub. L. 100-387, title IV, subtitle B, Aug. 11, 1988, 102 Stat.

957, provided that:

"PART 1 - RECLAMATION STATES DROUGHT ASSISTANCE

"SEC. 411. SHORT TITLE.

"This part may be cited as the 'Reclamation States Drought

Assistance Act of 1988'.

"SEC. 412. ASSISTANCE DURING DROUGHT.

"The Secretary of the Interior, acting under the authorities of

the Federal reclamation laws (the Act of June 17, 1902 (32 Stat.

388), and Acts supplementary thereto and amendatory thereof) [43

U.S.C. 371 et seq.] and other appropriate authorities of the

Secretary shall -

"(1)(A) perform studies to identify opportunities to augment,

make use of, or conserve water supplies available to Federal

reclamation projects and Indian water resource developments,

which studies shall be completed no later than March 1, 1990; and

"(B) consistent with existing contractual arrangements and

State law, and without further authorization, undertake

construction, management, and conservation activities that will

mitigate or can be expected to have an effect in mitigating

losses and damages resulting from drought conditions in 1987,

1988, or 1989, which construction shall be completed by December

31, 1989; and

"(2) assist willing buyers in their purchase of available water

supplies from willing sellers and redistribute such water based

upon priorities to be determined by the Secretary consistent with

State law, with the objective of minimizing losses and damages

resulting from drought conditions in 1987, 1988, and 1989.

"SEC. 413. AVAILABILITY OF WATER ON A TEMPORARY BASIS.

"(a) General Authority. - The Secretary of the Interior may make

available, by contract, consistent with existing contracts or

agreements and State law, water or canal capacity at existing

Federal reclamation projects to water users and others, on a

temporary basis to mitigate losses and damages resulting from

drought conditions in 1987, 1988, and 1989.

"(b) Contracts. - Any contract signed under this section shall

provide that -

"(1) the price for the use of such water shall be at least

sufficient to recover all Federal operation and maintenance

costs, and an appropriate share of capital costs, except that,

for water delivered to a landholding in excess of 960 acres of

class I lands or the equivalent thereof for a qualified recipient

and 320 acres of class I lands or the equivalent thereof for a

limited recipient, the cost of such water shall be full cost (as

defined in section 202(3)(A) of Public Law 97-293, 43 U.S.C.

390bb) for those acres in excess of 960 acres or 320 acres, as

appropriate;

"(2) the lands not now subject to reclamation law that receive

temporary irrigation water supplies under this section shall not

become subject to the ownership limitations of Federal

reclamation law because of the delivery of such temporary water

supplies;

"(3) the lands that are subject to the ownership limitations of

Federal reclamation law shall not be exempted from those

limitations because of the delivery of such temporary water

supplies; and

"(4) the contract shall terminate no later than December 31,

1989.

"(c) Fish and Wildlife. - The Secretary may make available water

for the purposes of protecting fish and wildlife resources,

including mitigating losses that occur as a result of drought

conditions.

"SEC. 414. EMERGENCY LOAN PROGRAM.

"The Secretary of the Interior may make loans to water users for

the purposes of undertaking management, conservation activities, or

the acquisition and transportation of water consistent with State

law, that can be expected to have an effect in mitigating losses

and damages resulting from drought conditions in 1987, 1988, and

1989. Such loans shall be made available under such terms and

conditions as the Secretary deems appropriate. Section 203(a) of

the Reclamation Reform Act of 1982 (Public Law 97-293; 43 U.S.C.

390cc) shall not apply to any contract to repay such loan.

"SEC. 415. INTERAGENCY COORDINATION.

"The program established by this part, to the extent practicable,

shall be coordinated with emergency and disaster relief operations

conducted by other Federal and State agencies under other

provisions of law. The Secretary of the Interior shall consult such

other Federal and State agencies as he deems necessary. Other

Federal agencies performing relief functions under other Federal

authorities shall provide the Secretary with information and

records that the Secretary deems necessary for the administration

of this part.

"SEC. 416. REPORT.

"Not later than March 1, 1990, the Secretary of the Interior

shall submit a report and recommendations to the President and

Congress on -

"(1) expenditures and accomplishments under this part;

"(2) legislative and administrative recommendations for

responding to droughts and drought related problems in the

Reclamation States; and

"(3) structural and non-structural measures to mitigate the

effects of droughts.

"SEC. 417. CARRYOVER STORAGE AND WATER, NEW MELONES UNIT, CENTRAL

VALLEY PROJECT, CALIFORNIA.

"The first undesignated paragraph under the heading 'San Joaquin

River Basin' in section 203 of the Flood Control Act of 1962

(Public Law 87-874, 76 Stat. 1191) is amended by inserting before

the last period the following: ': And provided further, That the

Secretary of the Interior is authorized to make available to the

Oakdale and South San Joaquin irrigation districts, at the current

contract rate, unallocated storage of such districts carried over

from the previous year'.

"SEC. 418. INITIATION AND DEADLINE OF EMERGENCY DROUGHT PROGRAM.

"(a) Limitation. - The programs and authorities established under

this part shall become operative in any Reclamation State only

after -

"(1) the Governor of that State has declared a drought

emergency; and

"(2) the affected area is declared eligible for Federal

disaster relief under applicable rules and regulations.

"(b) Termination. - The programs and authorities established

under this part shall terminate on December 31, 1989, unless

otherwise specifically stated.

"PART 2 - WATER PROJECT

"SEC. 421. CENTRAL VALLEY PROJECT WATER RELEASES.

"The Secretary of the Interior is authorized to install a

temperature control curtain as a demonstration project at Shasta

Dam, Central Valley project, California, at a cost not to exceed

$5,500,000. The purpose of the demonstration project is to

determine the effectiveness of the temperature control curtain in

controlling the temperature of water releases from Shasta Dam, so

as to protect and enhance anadromous fisheries in the Sacramento

River and San Francisco Bay/Sacramento-San Joaquin Delta and

Estuary[.]

"PART 3 - AUTHORIZATION AND SAVINGS CLAUSE

"SEC. 431. AUTHORIZATION OF APPROPRIATIONS.

"(a) There are authorized to be appropriated a total amount not

to exceed $25,000,000 for section 412(1)(B) and section 414 of this

subtitle.

"(b) Unless otherwise specified, there are authorized to be

appropriated such sums as may be necessary to carry out the

remaining provisions of this subtitle.

"SEC. 432. SAVINGS CLAUSE.

"Nothing in this subtitle shall be construed as limiting or

restricting the power and authority of the United States or -

"(1) as affecting in any way any law governing appropriation or

use of, or Federal right to, water on public lands;

"(2) as expanding or diminishing Federal or State jurisdiction,

responsibility, interests, or rights in water resources

development or control;

"(3) as displacing, superseding, limiting, or modifying any

interstate compact or the jurisdiction or responsibility of any

legally established joint or common agency of two or more States

or of two States and the Federal Government;

"(4) as superseding, modifying, or repealing, except as

specifically set forth in this subtitle, existing law applicable

to the various Federal agencies; or

"(5) as modifying the terms of any interstate compact."

USE OF WESTERN AREA POWER ADMINISTRATION CONTINUING FUND TO PAY FOR

PURCHASE POWER AND WHEELING EXPENSES TO MEET CONTRACTUAL

OBLIGATIONS DURING PERIODS OF BELOW-AVERAGE HYDROPOWER GENERATION

Pub. L. 101-101, title III, Sept. 29, 1989, 103 Stat. 661,

provided: "That, the continuing fund established in Public Law

98-50 [July 14, 1983, 97 Stat. 247, 257] shall also be available on

an ongoing basis for paying for purchase power and wheeling

expenses when the Administrator determines that such expenditures

are necessary to meet contractual obligations for the sale and

delivery of power during periods of below-normal hydropower

generation. Payments from the continuing fund shall be limited to

the amount required to replace the generation deficiency, and only

for the project where the deficiency occurred. Replenishment of the

continuing fund shall occur within twelve months of the month in

which the funds were first expended."

EMERGENCY FUND

Provisions relating to appropriations for the emergency fund to

assure continuous operation of projects and project facilities

governed by Federal reclamation law were contained in the following

appropriation acts:

Pub. L. 103-316, title II, Aug. 26, 1994, 108 Stat. 1714.

Pub. L. 103-126, title II, Oct. 28, 1993, 107 Stat. 1324.

Pub. L. 102-377, title II, Oct. 2, 1992, 106 Stat. 1329.

Pub. L. 102-104, title II, Aug. 17, 1991, 105 Stat. 524.

Pub. L. 101-514, title II, Nov. 5, 1990, 104 Stat. 2085.

Pub. L. 101-101, title II, Sept. 29, 1989, 103 Stat. 654.

Pub. L. 100-371, title II, July 19, 1988, 102 Stat. 864.

Pub. L. 100-202, Sec. 101(d) [title II], Dec. 22, 1987, 101 Stat.

1329-104, 1329-116.

Pub. L. 99-500, Sec. 101(e) [title II], Oct. 18, 1986, 100 Stat.

1783-194, 1783-202, and Pub. L. 99-591, Sec. 101(e) [title II],

Oct. 30, 1986, 100 Stat. 3341-194, 3341-202.

Pub. L. 99-141, title II, title III, Nov. 1, 1985, 99 Stat. 569,

575.

Pub. L. 98-360, title II, title III, July 16, 1984, 98 Stat. 409,

416.

Pub. L. 98-50, title II, title III, July 14, 1983, 97 Stat. 252,

257.

Pub. L. 97-88, title III, Dec. 4, 1981, 95 Stat. 1145.

Pub. L. 96-367, title I, Oct. 1, 1980, 94 Stat. 1335.

Pub. L. 96-69, title I, Sept. 25, 1979, 93 Stat. 440.

Pub. L. 94-355, title III, July 12, 1976, 89 Stat. 895.

Pub. L. 93-393, title III, Aug. 28, 1974, 88 Stat. 787.

Pub. L. 93-97, title III, Aug. 16, 1973, 87 Stat. 321.

Pub. L. 92-134, title III, Oct. 5, 1971, 85 Stat. 370.

Pub. L. 91-144, title III, Dec. 11, 1969, 83 Stat. 331.

Pub. L. 89-689, title II, Oct. 15, 1966, 80 Stat. 1008.

Pub. L. 88-511, title II, Aug. 30, 1964, 78 Stat. 687.

Pub. L. 87-880, title II, Oct. 24, 1962, 76 Stat. 1221.

TEMPORARY AUTHORITY OF SECRETARY OF THE INTERIOR TO FACILITATE

EMERGENCY ACTIONS WITH REGARD TO 1976-1977 DROUGHT

Pub. L. 95-18, Apr. 7, 1977, 91 Stat. 36, as amended by Pub. L.

95-107, Aug. 17, 1977, 91 Stat. 870; Pub. L. 95-226, Feb. 7, 1978,

92 Stat. 10, directed Secretary of the Interior to undertake

construction, management and conservation activities designed to

mitigate losses and damages to Federal reclamation projects and

Indian irrigation projects resulting from 1976-1977 drought, to

assist willing buyers in purchasing available water supplies from

willing sellers, and to undertake studies of potential facilities

to mitigate effects of a recurrence of drought and make

recommendations to President and Congress evaluating potential

undertakings, authorized Secretary to defer, without penalty, the

1977 installment payments on charges owed the United States and to

make loans to irrigators for construction, management, conservation

activities, or acquisition and transportation of water,

appropriated $100,000,000 to carry out provisions of this Act and

specified the availability of such funds for expenditures, directed

Secretary, not later than May 1, 1978, to provide President and

Congress a complete report on expenditures and accomplishments, and

provided that authorities conferred by this Act terminate on Nov.

30, 1977.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 503 of this title.

-End-

-CITE-

43 USC Sec. 503 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 503. "Unusual or emergency conditions" defined

-STATUTE-

The term "unusual or emergency conditions", as used in section

502 of this title, shall be construed to mean canal bank failures,

generator failures, damage to transmission lines; or other physical

failures or damage, or acts of God, or of the public enemy, fires,

floods, drought, epidemics, strikes, or freight embargoes, or

conditions, causing or threatening to cause interruption in water

or power service.

-SOURCE-

(June 26, 1948, ch. 676, Sec. 2, 62 Stat. 1052.)

-End-

-CITE-

43 USC Sec. 504 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 504. Rehabilitation and betterment of Federal reclamation

projects, including small reclamation projects; return of costs;

interest; definitions; performance of work

-STATUTE-

Expenditures of funds hereafter specifically appropriated for

rehabilitation and betterment of any project constructed under

authority of the Small Reclamation Projects Act (Act of August 6,

1956, 70 Stat. 1044, and Acts amendatory thereof and supplementary

thereto) [43 U.S.C. 422a et seq.] and of irrigation systems on

projects governed by the Federal reclamation laws (Act of June 17,

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

thereto), shall be made only after the organizations concerned

shall have obligated themselves for the return thereof, in

installments fixed in accordance with their ability to pay, as

determined by the Secretary of the Interior in the light of their

outstanding repayment obligations, and which shall, to the fullest

practicable extent, be scheduled for return with their construction

charge installments or otherwise scheduled as he shall determine:

Provided, That repayment of such loans made for small reclamation

projects shall include interest in accordance with the provisions

of said Small Reclamation Projects Act. No such determination of

the Secretary of the Interior shall become effective until the

expiration of sixty days after it has been submitted to the

Committee on Energy and Natural Resources of the Senate and the

Committee on Natural Resources of the House of Representatives;

except that, any such determination may become effective prior to

the expiration of such sixty days in any case in which each such

committee approves an earlier date and notifies the Secretary in

writing, of such approval: Provided, That when Congress is not in

session the Secretary's determination, if accompanied by a finding

by the Secretary that substantial hardship to the water users

concerned or substantial further injury to the project works will

result, shall become effective when the chairman and ranking

minority member of each such committee shall file with the

Secretary their written approval of said findings. The term

"rehabilitation and betterment", as used in this section, shall

mean maintenance, including replacements, which cannot be financed

currently, as otherwise contemplated by the Federal reclamation

laws in the case of operation and maintenance costs, but shall not

include construction, the costs of which are returnable, in whole

or in part, through "construction charges" as that term is defined

in section 485a(d) of this title. Such rehabilitation and

betterment work may be performed by contract, by force-account, or,

notwithstanding any other law and subject to such reasonable terms

and conditions as the Secretary of the Interior shall deem

appropriate for the protection of the United States, by contract

entered into with the organization concerned whereby such

organization shall perform such work.

-SOURCE-

(Oct. 7, 1949, ch. 650, Sec. 1, 63 Stat. 724; Mar. 3, 1950, ch. 47,

64 Stat. 11; Pub. L. 94-102, Oct. 3, 1975, 89 Stat. 485; Pub. L.

103-437, Sec. 16(c), Nov. 2, 1994, 108 Stat. 4594.)

-REFTEXT-

REFERENCES IN TEXT

The Small Reclamation Projects Act, referred to in text, probably

means the Small Reclamation Projects Act of 1956, act Aug. 6, 1956,

ch. 972, 70 Stat. 1044, as amended, which is classified generally

to subchapter IV (Sec. 422a et seq.) of this chapter. For complete

classification of this Act to the Code, see section 422k of this

title and Tables.

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Committee on Energy and

Natural Resources of the Senate and the Committee on Natural

Resources of the House" for "Committee on Interior and Insular

Affairs of the Senate and the Committee on Public Lands of the

House".

1975 - Pub. L. 94-102 required return of costs for small

reclamation projects including interest payments.

1950 - Act Mar. 3, 1950, struck out period at end of second

sentence and inserted "; except that, any such determination may

become effective prior to the expiration of such sixty days in any

case in which each such committee approves an earlier date and

notifies the Secretary in writing, of such approval: Provided, That

when Congress is not in session the Secretary's determination, if

accompanied by a finding by the Secretary that substantial hardship

to the water users concerned or substantial further injury to the

project works will result, shall become effective when the chairman

and ranking minority member of each such committee shall file with

the Secretary their written approval of said findings."

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

SHORT TITLE

Act Oct. 7, 1949, ch. 650, 63 Stat. 724, which enacted this

section and provisions set out below, is popularly known as the

"Rehabilitation and Betterment Act of 1949".

SUPPLEMENTAL TO FEDERAL RECLAMATION LAWS

Section 2 of act Oct. 7, 1949, provided that: "This Act [enacting

this section] shall be deemed a supplement to the Federal

reclamation laws."

-End-

-CITE-

43 USC Sec. 505 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-

Sec. 505. Drainage facilities and minor construction in irrigation

works; contracts with repayment organizations; limitation on

costs; submission of contract to Congress

-STATUTE-

Funds appropriated for the construction of irrigation works

authorized to be undertaken pursuant to the Federal reclamation

laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory

thereof or supplementary thereto), the Act of August 11, 1939 (53

Stat. 1418), as amended [16 U.S.C. 590y et seq.], or other Acts of

Congress may, insofar as such funds are available for the

construction of drainage facilities and other minor items, be

utilized by the Secretary of the Interior to accomplish such work

by contract, by force account or, notwithstanding any other law and

subject only to such reasonable terms and conditions as the

Secretary shall deem appropriate for the protection of the United

States, by contract entered into with the repayment organization

concerned whereby said organization shall perform such work:

Provided, That in the event construction work to be accomplished by

any one repayment organization, pursuant to contract with the

United States, exceeds a total cost of $200,000, such contract

shall not be executed by the Secretary prior to the expiration of

sixty calendar days (which sixty days, however, shall not include

days on which either the House of Representatives or the Senate is

not in session because of an adjournment of more than three days to

a day certain) from the date on which it has been submitted to the

Speaker of the House and the President of the Senate for reference

to the appropriate Committees, except that such contract may be

executed prior to expiration of such sixty days in any case in

which both such Committees approve said contract and notify the

Secretary in writing of such approval.

-SOURCE-

(June 13, 1956, ch. 382, 70 Stat. 274.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

Act of August 11, 1939, referred to in text, is classified

generally to subchapter II (Sec. 590y et seq.) of chapter 3C of

Title 16, Conservation. For complete classification of this Act to

the Code, see Tables.

-End-

-CITE-

43 USC SUBCHAPTER XI-A - RECLAMATION SAFETY OF DAMS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI09A - RECLAMATION SAFETY OF DAMS

-HEAD-

SUBCHAPTER XI-A - RECLAMATION SAFETY OF DAMS

-End-

-CITE-

43 USC Sec. 506 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI09A - RECLAMATION SAFETY OF DAMS

-HEAD-

Sec. 506. Authority of Secretary to make modifications

-STATUTE-

In order to preserve the structural safety of Bureau of

Reclamation dams and related facilities the Secretary of the

Interior is authorized to perform such modifications as he

determines to be reasonably required. Said performance of work

shall be in accordance with the Federal reclamation laws (Act of

June 17, 1902, 32 Stat. 388, and Acts amendatory or supplementary

thereto).

-SOURCE-

(Pub. L. 95-578, Sec. 2, Nov. 2, 1978, 92 Stat. 2471.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-MISC1-

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-404, Sec. 1, Aug. 28, 1984, 98 Stat. 1481, provided in

part: "That this Act [amending sections 508 and 509 of this title]

may be cited as 'The Reclamation Safety of Dams Act Amendments of

1984'."

SHORT TITLE OF 1978 AMENDMENT

Section 1 of Pub. L. 95-578 provided: "That this Act [enacting

this subchapter and amending section 1511 of this title] shall be

cited as the 'Reclamation Safety of Dams Act of 1978'."

FACILITIES INCLUDED WITHIN SCOPE OF RECLAMATION SAFETY OF DAMS ACT

OF 1978

Pub. L. 95-578, Sec. 12, as added by Pub. L. 98-404, Sec. 1(4),

Aug. 28, 1984, 98 Stat. 1482, provided that: "Included within the

scope of this Act [this subchapter] are Fish Lake, Four Mile,

Ochoco, Savage Rapids Diversion and Warm Springs Dams, Oregon; Como

Dam, Montana; Little Wood River Dam, Idaho; and related facilities

which have been made a part of a Federal reclamation project by

previous Acts of Congress. Coolidge Dam, San Carlos Irrigation

Project, Arizona, shall also be included within the scope of this

Act."

-End-

-CITE-

43 USC Sec. 507 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI09A - RECLAMATION SAFETY OF DAMS

-HEAD-

Sec. 507. Construction for dam safety

-STATUTE-

Construction authorized by this subchapter shall be for the

purposes of dam safety and not for the specific purposes of

providing additional conservation storage capacity or of developing

benefits over and above those provided by the original dams and

reservoirs. Nothing in this subchapter shall be construed to reduce

the amount of project costs allocated to reimbursable purposes

heretofore authorized.

-SOURCE-

(Pub. L. 95-578, Sec. 3, Nov. 2, 1978, 92 Stat. 2471.)

-End-

-CITE-

43 USC Sec. 508 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI09A - RECLAMATION SAFETY OF DAMS

-HEAD-

Sec. 508. Costs incurred in the modification of structures

-STATUTE-

(a) Costs resulting from age and normal deterioration or lack of

maintenance of structures

Costs heretofore or hereafter incurred in the modification of

structures under this subchapter, the cause of which results from

age and normal deterioration of the structure or from

nonperformance of reasonable and normal maintenance of the

structure by the operating entity shall be considered as project

costs and will be allocated to the purposes for which the structure

was authorized initially to be constructed and will be reimbursable

as provided by existing law.

(b) Nonreimbursable costs resulting from new hydrologic or seismic

data or changes in criteria

With respect to the $100,000,000 authorized to be appropriated in

the Reclamation Safety of Dams Act of 1978 [43 U.S.C. 509], costs

heretofore or hereafter incurred in the modification of structures

under this subchapter, the cause of which results from new

hydrologic or seismic data or changes in state-of-the-art criteria

deemed necessary for safety purposes shall be nonreimbursable and

nonreturnable under the Federal Reclamation law.

(c) Reimbursable costs resulting from new hydrologic or seismic

data or changes in criteria

With respect to the additional $650,000,000 authorized to be

appropriated in The Reclamation Safety of Dams Act Amendments of

1984, and the additional $95,000,000 further authorized to be

appropriated by amendments to that Act in 2000, and the additional

$32,000,000 further authorized to be appropriated by amendments to

the Act in 2001, costs incurred in the modification of structures

under this subchapter, the cause of which results from new

hydrologic or seismic data or changes in state-of-the-art criteria

deemed necessary for safety purposes, shall be reimbursed to the

extent provided in this subsection.

(1) Fifteen percent of such costs shall be allocated to the

authorized purposes of the structure, except that in the case of

Jackson Lake Dam, Minidoka Project, Idaho-Wyoming, such costs

shall be allocated in accordance with the allocation of operation

and maintenance charges.

(2) Costs allocated to irrigation water service and capable of

being repaid by the irrigation water users shall be reimbursed

within 50 years of the year in which the work undertaken pursuant

to this subchapter is substantially complete. Costs allocated to

irrigation water service which are beyond the water users'

ability to pay shall be reimbursed in accordance with existing

law.

(3) Costs allocated to recreation or fish and wildlife

enhancement shall be reimbursed in accordance with the Federal

Water Project Recreation Act (79 Stat. 213), as amended [16

U.S.C. 460l-12 et seq.].

(4) Costs allocated to the purpose of municipal, industrial,

and miscellaneous water service, commercial power, and the

portion of recreation and fish and wildlife enhancement costs

reimbursable under the Federal Water Project Recreation Act [16

U.S.C. 460l-12 et seq.], shall be repaid within 50 years with

interest. The interest rate used shall be determined by the

Secretary of the Treasury, taking into consideration average

market yields on outstanding marketable obligations of the United

States with remaining periods to maturity comparable to the

applicable reimbursement period during the month preceding the

fiscal year in which the costs are incurred. To the extent that

more than one interest rate is determined pursuant to the

preceding sentence, the Secretary of the Treasury shall establish

an interest rate at the weighted average of the rates so

determined.

(d) Contracts for return of costs

The Secretary is authorized to negotiate appropriate contracts

with project beneficiaries providing for the return of reimbursable

costs under this subchapter: Provided, however, That no contract

entered into pursuant to this subchapter shall be deemed to be a

new or amended contract for the purposes of section 390cc(a) of

this title.

-SOURCE-

(Pub. L. 95-578, Sec. 4, Nov. 2, 1978, 92 Stat. 2471; Pub. L.

98-404, Sec. 1(1), (2), Aug. 28, 1984, 98 Stat. 1481; Pub. L.

106-377, Sec. 1(a)(2) [title II], Oct. 27, 2000, 114 Stat. 1441,

1441A-67; Pub. L. 107-117, div. B, Sec. 503(1), Jan. 10, 2002, 115

Stat. 2308.)

-REFTEXT-

REFERENCES IN TEXT

The $100,000,000 authorized to be appropriated in the Reclamation

Safety of Dams Act of 1978, referred to in subsec. (b), probably

refers to the authorization originally contained in section 509 of

this title. See 1984 Amendment note set out under section 509 of

this title.

The Federal Reclamation law, referred to in subsec. (b), probably

means act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as

the Reclamation Act, and Acts amendatory thereof and supplementary

thereto, which are classified generally to this chapter. For

complete classification of act June 17, 1902, to the Code, see

Short Title note set out under section 371 of this title and

Tables.

The Reclamation Safety of Dams Act Amendments of 1984, referred

to in subsec. (c) in provisions preceding par. (1), is Pub. L.

98-404, Aug. 28, 1984, 98 Stat. 1481, which amended this section

and section 509 of this title. For complete classification of this

Act to the Code, see Short Title of 1984 Amendment note set out

under section 506 of this title and Tables.

The Federal Water Project Recreation Act, referred to in subsec.

(c)(3), (4), is Pub. L. 89-72, July 9, 1965, 79 Stat. 213, as

amended, which is classified principally to part C (Sec. 460l-12 et

seq.) of subchapter LXIX of chapter 1 of Title 16, Conservation.

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

Title note set out under section 460l-12 of Title 16 and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-117 inserted "and the additional

$32,000,000 further authorized to be appropriated by amendments to

the Act in 2001," after "2000," in introductory provisions.

2000 - Subsec. (c). Pub. L. 106-377 inserted "and the additional

$95,000,000 further authorized to be appropriated by amendments to

that Act in 2000," after "1984," in introductory provisions.

1984 - Subsec. (b). Pub. L. 98-404, Sec. 1(1), substituted "With

respect to the $100,000,000 authorized to be appropriated in the

Reclamation Safety of Dams Act of 1978, costs" for "Costs".

Subsecs. (c), (d). Pub. L. 98-404, Sec. 1(2), added subsecs. (c)

and (d).

-End-

-CITE-

43 USC Sec. 509 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XI09A - RECLAMATION SAFETY OF DAMS

-HEAD-

Sec. 509. Authorization of appropriations; report to Congress

-STATUTE-

There are hereby authorized to be appropriated for fiscal year

1979 and ensuing fiscal years such sums as may be necessary and,

effective October 1, 1983, not to exceed an additional $650,000,000

(October 1, 1983, price levels), and, effective October 1, 2000,

not to exceed an additional $95,000,000 (October 1, 2000, price

levels), and, effective October 1, 2001, not to exceed an

additional $32,000,000 (October 1, 2001, price levels), plus or

minus such amounts, if any, as may be justified by reason of

ordinary fluctuations in construction costs as indicated by

engineering cost indexes applicable to the types of construction

involved herein, to carry out the provisions of this subchapter to

remain available until expended if so provided by the

appropriations Act: Provided, That no funds exceeding $750,000

shall be obligated for carrying out actual construction to modify

an existing dam under authority of this subchapter prior to 30

calendar days from the date that the Secretary has transmitted a

report on such existing dam to the Congress. The report required to

be submitted by this section will consist of a finding by the

Secretary of the Interior to the effect that modifications are

required to be made to insure the safety of an existing dam. Such

finding shall be accompanied by a technical report containing

information on the need for structural modification, the corrective

action deemed to be required, alternative solutions to structural

modification that were considered, the estimated cost of needed

modifications, and environmental impacts if any resulting from the

implementation of the recommended plan of modification.

-SOURCE-

(Pub. L. 95-578, Sec. 5, Nov. 2, 1978, 92 Stat. 2471; Pub. L.

98-404, Sec. 1(3), Aug. 28, 1984, 98 Stat. 1482; Pub. L. 106-377,

Sec. 1(a)(2) [title II], Oct. 27, 2000, 114 Stat. 1441, 1441A-67;

Pub. L. 107-117, div. B, Sec. 503(2), Jan. 10, 2002, 115 Stat.

2308.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-117 inserted "and, effective October 1, 2001,

not to exceed an additional $32,000,000 (October 1, 2001, price

levels)," after "(October 1, 2000, price levels),".

2000 - Pub. L. 106-377 inserted "and, effective October 1, 2000,

not to exceed an additional $95,000,000 (October 1, 2000, price

levels)," after "(October 1, 1983, price levels)," and substituted

"30 calendar days" for "sixty days (which sixty days shall not

include days on which either the House of Representatives or the

Senate is not in session because of an adjournment of more than

three calendar days to a day certain)".

1984 - Pub. L. 98-404 substituted "and, effective October 1,

1983, not to exceed an additional $650,000,000 (October 1, 1983,

price levels), plus or minus such amounts, if any, as may be

justified by reason of ordinary fluctuations in construction costs

as indicated by engineering cost indexes applicable to the types of

construction involved herein, to carry out the provisions of this

subchapter to remain available until expended if so provided by the

appropriations Act: Provided, That no funds exceeding $750,000" for

", but not to exceed $100,000,000, to carry out the provisions of

this subchapter of this title to remain available until expended if

so provided by the appropriations Act: Provided, That no funds".

-End-

-CITE-

43 USC SUBCHAPTER XII - CONTRACTS WITH STATE IRRIGATION

DISTRICTS FOR PAYMENT OF CHARGES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XII - CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR

PAYMENT OF CHARGES

-HEAD-

SUBCHAPTER XII - CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR

PAYMENT OF CHARGES

-End-

-CITE-

43 USC Sec. 511 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XII - CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR

PAYMENT OF CHARGES

-HEAD-

Sec. 511. Authority to contract with irrigation district

-STATUTE-

In carrying out the purposes of the Act of June 17, 1902 (32

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

and known as the reclamation law, the Secretary of the Interior may

enter into contract with any legally organized irrigation district

whereby such irrigation district shall agree to pay the moneys

required to be paid to the United States, and in such event

water-right applications on the part of landowners and entrymen, in

the discretion of the Secretary of the Interior, may be dispensed

with. In the event of such contract being made with an irrigation

district, the Secretary of the Interior, in his discretion, may

contract that the payments, both for the construction of irrigation

works and for operation and maintenance, on the part of the

district shall be made upon such dates as will best conform to the

district and taxation laws of the respective States under which

such irrigation districts shall be formed, and if he deem it

advisable he may contract for such penalties or interest charges in

case of delinquency in payments as he may deem proper and

consistent with such State laws, notwithstanding the provisions of

sections 471, 472, 475, 478 to 481, 492, 493, 494 to 497 and 499 of

this title. The Secretary of the Interior may accept a partial

payment of the amount due from any district to the United States,

providing such acceptance shall not constitute a waiver of the

balance remaining due nor the interest or penalties, if any,

accruing upon said balance: Provided, That no contract with an

irrigation district under this section and sections 512 and 513 of

this title shall be binding on the United States until the

proceedings on the part of the district for the authorization of

the execution of the contract with the United States shall have

been confirmed by decree of a court of competent jurisdiction, or

pending appellate action if ground for appeal be laid.

-SOURCE-

(May 15, 1922, ch. 190, Sec. 1, 42 Stat. 541.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 513 of this title.

-End-

-CITE-

43 USC Sec. 512 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XII - CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR

PAYMENT OF CHARGES

-HEAD-

Sec. 512. Release of Government liens after contract with

irrigation districts

-STATUTE-

Patents and water-right certificates which shall be issued after

May 15, 1922, under the terms of subchapter XIV of this chapter,

for lands lying within any irrigation district with which the

United States shall have contracted, by which the irrigation

district agrees to make the payment of all charges for the building

of irrigation works and for operation and maintenance, shall not

reserve to the United States a lien for the payment of such

charges; and where such a lien shall have been reserved in any

patent or water-right certificate issued under said subchapter, the

Secretary of the Interior is empowered to release such lien in such

manner and form as may be deemed effective; and the Secretary of

the Interior is further empowered to release liens in favor of the

United States contained in water-right applications and to assent

to the release of liens to secure reimbursement of moneys due to

the United States pursuant to water-right applications running in

favor of the water users' association and contained in stock

subscription contracts to such associations, when the lands covered

by such liens shall be subject to assessment and levy for the

collection of all moneys due and to become due to the United States

by irrigation districts formed pursuant to State law and with which

the United States shall have entered into contract therefor:

Provided, That no such lien so reserved to the United States in any

patent or water-right certificate shall be released until the owner

of the land covered by the lien shall consent in writing to the

assessment, levy, and collection by such irrigation district of

taxes against said land for the payment to the United States of the

contract obligation: Provided further, That before any lien is

released under this section the Secretary of the Interior shall

file a written report finding that the contracting irrigation

district is legally organized under the laws of the State in which

its lands are located, with full power to enter into the contract

and to collect by assessment and levy against the lands of the

district the amount of the contract obligation.

-SOURCE-

(May 15, 1922, ch. 190, Sec. 2, 42 Stat. 542.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter XIV (Sec. 541 et seq.) of this chapter, referred to in

text, was in the original a reference to act Aug. 9, 1912, 37 Stat.

265.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 511, 513 of this title.

-End-

-CITE-

43 USC Sec. 513 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XII - CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR

PAYMENT OF CHARGES

-HEAD-

Sec. 513. Lands in project subject to provisions of chapter; after

contract with irrigation district

-STATUTE-

Upon the execution of any contract between the United States and

any irrigation district pursuant to sections 511 and 512 of this

title the public lands included within such irrigation district,

when subject to entry, and entered lands within such irrigation

district, for which no final certificates shall have been issued

and which may be designated by the Secretary of the Interior in

said contract, shall be subject to all the provisions of chapter 13

of this title: Provided, That no map or plan as required by section

623 of this title need be filed by the irrigation district for

approval by the Secretary of the Interior.

-SOURCE-

(May 15, 1922, ch. 190, Sec. 3, 42 Stat. 542.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 511 of this title.

-End-

-CITE-

43 USC SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS,

WATER POWER, STORAGE CAPACITY, AND WATER

TRANSPORTATION FACILITIES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,

STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-HEAD-

SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,

STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-End-

-CITE-

43 USC Sec. 521 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,

STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-HEAD-

Sec. 521. Sale of surplus waters generally

-STATUTE-

The Secretary of the Interior in connection with the operations

under the reclamation law is authorized to enter into contract to

supply water from any project irrigation system for other purposes

than irrigation, upon such conditions of delivery, use, and payment

as he may deem proper: Provided, That the approval of such contract

by the water-users' association or associations shall have first

been obtained: Provided, That no such contract shall be entered

into except upon a showing that there is no other practicable

source of water supply for the purpose: Provided further, That no

water shall be furnished for the uses aforesaid if the delivery of

such water shall be detrimental to the water service for such

irrigation project, nor to the rights of any prior appropriator:

Provided further, That the moneys derived from such contracts shall

be covered into the reclamation fund and be placed to the credit of

the project from which such water is supplied.

-SOURCE-

(Feb. 25, 1920, ch. 86, 41 Stat. 451.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation law, referred to in text, probably means act June

17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-End-

-CITE-

43 USC Sec. 522 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,

STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-HEAD-

Sec. 522. Lease of water power

-STATUTE-

Whenever a development of power is necessary for the irrigation

of lands, under any project undertaken under the said reclamation

Act, or an opportunity is afforded for the development of power

under any such project, the Secretary of the Interior is authorized

to lease for a period not exceeding ten years, giving preference to

municipal purposes, any surplus power or power privilege, and the

moneys derived from such leases shall be covered into the

reclamation fund and be placed to the credit of the project from

which such power is derived: Provided, That no lease shall be made

of such surplus power or power privileges as will impair the

efficiency of the irrigation project: Provided further, That the

Secretary of the Interior is authorized, in his discretion, to make

such a lease in connection with Rio Grande project in Texas and New

Mexico for a longer period not exceeding fifty years, with the

approval of the water-users' association or associations under any

such project, organized in conformity with the rules and

regulations prescribed by the Secretary of the Interior in

pursuance of section 498 of this title.

-SOURCE-

(Apr. 16, 1906, ch. 1631, Sec. 5, 34 Stat. 117; Feb. 24, 1911, ch.

155, 36 Stat. 930.)

-REFTEXT-

REFERENCES IN TEXT

The said reclamation Act, referred to in text, means act June 17,

1902, ch. 1093, 32 Stat. 388, as amended, which is classified

generally to this chapter. For complete classification of this Act

to the Code, see Short Title note set out under section 371 of this

title and Tables.

-End-

-CITE-

43 USC Sec. 523 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,

STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-HEAD-

Sec. 523. Storage and transportation of water for irrigation

districts, etc.

-STATUTE-

Whenever in carrying out the provisions of the reclamation law,

storage or carrying capacity has been or may be provided in excess

of the requirements of the lands to be irrigated under any project,

the Secretary of the Interior, preserving a first right to lands

and entrymen under the project, is authorized, upon such terms as

he may determine to be just and equitable, to contract for the

impounding, storage, and carriage of water to an extent not

exceeding such excess capacity with irrigation systems operating

under section 641 of this title, and individuals, corporations,

associations, and irrigation districts organized for or engaged in

furnishing or in distributing water for irrigation. Water so

impounded, stored, or carried under any such contract shall be for

the purpose of distribution to individual water users by the party

with whom the contract is made: Provided, however, That water so

impounded, stored, or carried shall not be used otherwise than as

prescribed by law as to lands held in private ownership within

Government reclamation projects. In fixing the charges under any

such contract for impounding, storing, or carrying water for any

irrigation system, corporation, association, district, or

individual, as herein provided, the Secretary shall take into

consideration the cost of construction and maintenance of the

reservoir by which such water is to be impounded or stored and the

canal by which it is to be carried, and such charges shall be just

and equitable as to water users under the Government project. No

irrigation system, district, association, corporation, or

individual so contracting shall make any charge for the storage,

carriage, or delivery of such water in excess of the charge paid to

the United States except to such extent as may be reasonably

necessary to cover cost of carriage and delivery of such water

through their works.

-SOURCE-

(Feb. 21, 1911, ch. 141, Sec. 1, 36 Stat. 925.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation law, referred to in text, probably means act June

17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-MISC1-

SHORT TITLE

The act of Feb. 21, 1911, which enacted sections 523 to 525 of

this title, is popularly known as the "Warren Act".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 524, 525, 526, 2245 of

this title.

-End-

-CITE-

43 USC Sec. 524 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,

STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-HEAD-

Sec. 524. Cooperation with irrigation districts, etc., in

construction of reservoirs and canals

-STATUTE-

In carrying out the provisions of the said reclamation Act, and

Acts amendatory thereof or supplementary thereto, the Secretary of

the Interior is authorized, upon such terms as may be agreed upon,

to cooperate with irrigation districts, water-users' associations,

corporations, entrymen, or water users for the construction or use

of such reservoirs, canals, or ditches as may be advantageously

used by the Government and irrigation districts, water-users'

associations, corporations, entrymen, or water users for

impounding, delivering, and carrying water for irrigation purposes:

Provided, That the title to and management of the works so

constructed shall be subject to the provisions of section 498 of

this title: Provided further, That water shall not be furnished

from any such reservoir or delivered through any such canal or

ditch to any one landowner in excess of an amount sufficient to

irrigate one hundred and sixty acres: Provided, That nothing

contained in sections 523 to 525 of this title shall be held or

construed as enlarging or attempting to enlarge the right of the

United States, under existing law, to control the waters of any

stream in any State.

-SOURCE-

(Feb. 21, 1911, ch. 141, Sec. 2, 36 Stat. 926.)

-REFTEXT-

REFERENCES IN TEXT

The said reclamation Act, referred to in text, probably means act

June 17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known

as the Reclamation Act, which is classified generally to this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 371 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 525, 526, 2245 of this

title.

-End-

-CITE-

43 USC Sec. 525 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,

STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-HEAD-

Sec. 525. Covering proceeds into reclamation fund

-STATUTE-

The moneys received in pursuance of the contracts authorized by

sections 523 and 524 of this title shall be covered into the

reclamation fund and be available for use under the terms of the

reclamation Act and the Acts amendatory thereof or supplementary

thereto.

-SOURCE-

(Feb. 21, 1911, ch. 141, Sec. 3, 36 Stat. 926.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation Act, referred to in text, probably means act June

17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-COD-

CODIFICATION

The words "the contracts authorized by sections 523 and 524 of

this title" substituted in text for "such contracts".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 524, 526, 2245 of this

title.

-End-

-CITE-

43 USC Sec. 526 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,

STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-HEAD-

Sec. 526. Credit of proceeds to particular project

-STATUTE-

All moneys or profits as determined by the Secretary heretofore

or hereafter derived from the sale or rental of surplus water under

the Warren Act of February 21, 1911 (36 Stat. 925) [43 U.S.C. 523

to 525], or from the connection of a new project with an existing

project shall be credited to the project or division of the project

to which the construction cost has been charged.

-SOURCE-

(Dec. 5, 1924, ch. 4, Sec. 4, subsec. J, 43 Stat. 703.)

-REFTEXT-

REFERENCES IN TEXT

The Warren Act of February 21, 1911, referred to in text, is act

Feb. 21, 1911, ch. 141, 36 Stat. 925, which enacted sections 523 to

525 of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 523 of this title

and Tables.

-CROSS-

DEFINITIONS

The definitions in section 371 of this title apply to this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 371, 417, 493, 500 of

this title.

-End-

-CITE-

43 USC SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT

CERTIFICATES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-

SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 512, 593 of this

title.

-End-

-CITE-

43 USC Sec. 541 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-

Sec. 541. When patent or final certificate issued

-STATUTE-

Any homestead entryman under the Act of June 17, 1902, known as

the reclamation Act, including entrymen on ceded Indian lands, may,

at any time after having complied with the provisions of law

applicable to such lands as to residence reclamation, and

cultivation, submit proof of such residence, reclamation, and

cultivation, which proof, if found regular and satisfactory, shall

entitle the entryman to a patent, and all purchasers of water-right

certificates on reclamation projects shall be entitled to a final

water-right certificate upon proof of the cultivation and

reclamation of the land to which the certificate applies, to the

extent required by the reclamation Act for homestead entrymen:

Provided, That no such patent or final water-right certificate

shall issue until after the payment of all sums due the United

States on account of such land or water right at the time of the

submission of proof entitling the homestead or desert-land entryman

to such patent or the purchaser to such final water-right

certificate.

-SOURCE-

(Aug. 9, 1912, ch. 278, Sec. 1, 37 Stat. 265; Feb. 15, 1917, ch.

71, 39 Stat. 920.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, known as the reclamation Act, referred to

in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,

which is classified generally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 371 of this title and Tables.

-End-

-CITE-

43 USC Sec. 542 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-

Sec. 542. Reservation of lien for charges; enforcement of lien;

redemption

-STATUTE-

Every patent and water-right certificate issued under this

subchapter shall expressly reserve to the United States a prior

lien on the land patented or for which water right is certified,

together with all water rights appurtenant or belonging thereto,

superior to all other liens, claims, or demands whatsoever for the

payment of all sums due or to become due to the United States or

its successors in control of the irrigation project in connection

with such lands and water rights.

Upon default of payment of any amount so due title to the land

shall pass to the United States free of all encumbrance, subject to

the right of the defaulting debtor or any mortgagee, lien holder,

judgment debtor, or subsequent purchaser to redeem the land within

one year after the notice of such default shall have been given by

payment of all moneys due, with 8 per centum interest and cost. And

the United States, at its option, acting through the Secretary of

the Interior, may cause land to be sold at any time after such

failure to redeem, and from the proceeds of the sale there shall be

paid into the reclamation fund all moneys due, with interest as

herein provided, and costs. The balance of the proceeds, if any,

shall be the property of the defaulting debtor or his assignee:

Provided, That in case of sale after failure to redeem under this

section the United States shall be authorized to bid in such land

at not more than the amount in default, including interest and

costs.

-SOURCE-

(Aug. 9, 1912, ch. 278, Sec. 2, 37 Stat. 266.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 593 of this title.

-End-

-CITE-

43 USC Sec. 543 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-

Sec. 543. Certificate of final payment and release of lien

-STATUTE-

Upon full and final payment being made of all amounts due on

account of the building and betterment charges to the United States

or its successors in control of the project, the United States or

its successors, as the case may be, shall issue upon request a

certificate certifying that payment of the building and betterment

charges in full has been made and that the lien upon the land has

been so far satisfied and is no longer of any force or effect

except the lien for annual charges for operation and maintenance.

-SOURCE-

(Aug. 9, 1912, ch. 278, Sec. 3, 37 Stat. 266.)

-COD-

CODIFICATION

Section comprises part of section 3 of act Aug. 9, 1912.

Remainder of section 3 is set out as section 544 of this title.

-End-

-CITE-

43 USC Sec. 544 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-

Sec. 544. Limitation as to holdings prior to final payment of

charges; forfeiture of excess holding

-STATUTE-

No person shall at any one time or in any manner, except as

hereinafter otherwise provided, acquire, own, or hold irrigable

land for which entry or water-right application shall have been

made under the said reclamation Act of June 17, 1902 and Acts

supplementary thereto and amendatory thereof, before final payment

in full of all installments of building and betterment charges

shall have been made on account of such land in excess of one farm

unit as fixed by the Secretary of the Interior as the limit of area

per entry of public land or per single ownership of private land

for which a water right may be purchased respectively, nor in any

case in excess of one hundred and sixty acres, nor shall water be

furnished under said Acts nor a water right sold or recognized for

such excess; but any such excess land acquired by foreclosure or

other process of law, by conveyance in satisfaction of mortgages,

by inheritance, or by devise, may be held for five years and no

longer after its acquisition, and water may be temporarily

furnished during that time; and every excess holding prohibited as

aforesaid shall be forfeited to the United States by proceedings

instituted by the Attorney General for that purpose in any court of

competent jurisdiction. The above provision shall be recited in

every patent and water-right certificate issued by the United

States under the provisions of this subchapter.

-SOURCE-

(Aug. 9, 1912, ch. 278, Sec. 3, 37 Stat. 266; July 11, 1956, ch.

563, Sec. 2, 70 Stat. 524.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation Act of June 17, 1902, referred to in text, is act

June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which is

classified generally to this chapter. For complete classification

of this Act to the Code, see Short Title note set out under section

371 of this title and Tables.

-COD-

CODIFICATION

Section comprises part of section 3 of act Aug. 9, 1912.

Remainder of section 3 is set out as section 543 of this title.

-MISC1-

AMENDMENTS

1956 - Act July 11, 1956, increased period during which land

could be held from two years to five years, and to authorize

delivery of water for that period.

AMENDMENT OF EXISTING CONTRACTS

For provisions authorizing the Secretary of the Interior to amend

existing contracts under the Federal reclamation laws to conform to

the provisions of this section, see section 3 of act July 11, 1956,

set out as a note under section 423e of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 451h of this title.

-End-

-CITE-

43 USC Sec. 545 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-

Sec. 545. Appointment of agents to receive payments; record of

payments and amounts owing

-STATUTE-

The Secretary of the Interior is authorized to designate such

bonded fiscal agents or officers of the Bureau of Reclamation as he

may deem advisable on each reclamation project, to whom shall be

paid all sums due on reclamation entries or water rights, and the

officials so designated shall keep a record for the information of

the public of the sums paid and the amount due at any time on

account of any entry made or water right purchased under the

reclamation Act; and the Secretary of the Interior shall make

provision for furnishing copies of duly authenticated records of

entries upon payment of reasonable fees which copies shall be

admissible in evidence, as are copies authenticated under section

888 (!1) of the Revised Statutes.

-SOURCE-

(Aug. 9, 1912, ch. 278, Sec. 4, 37 Stat. 267.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation Act, referred to in text, probably means act June

17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

Section 888 of the Revised Statutes, referred to in text, was

repealed by section 21 of act June 25, 1948, ch. 645, 62 Stat. 862,

the first section of which enacted Title 18, Crimes and Criminal

Procedure. Prior to repeal, R.S. Sec. 888 was classified to section

669 of former Title 28, Judicial Code and Judiciary. For provisions

relating to admissibility in evidence of authenticated copies, see

section 1733 of Title 28, Judiciary and Judicial Procedure.

-CHANGE-

CHANGE OF NAME

"Reclamation Service" changed to "Bureau of Reclamation" by order

of the Secretary of the Interior in June of 1923.

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

Stat. 1262, set out under section 1451 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 546 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-

Sec. 546. Jurisdiction of district court for enforcement of this

subchapter

-STATUTE-

Jurisdiction of suits by the United States for the enforcement of

the provisions of this subchapter is conferred on the United States

district courts of the districts in which the lands are situated.

-SOURCE-

(Aug. 9, 1912, ch. 278, Sec. 5, 37 Stat. 267.)

-End-

-CITE-

43 USC Sec. 547 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-

Sec. 547. Patent to desert-land entryman

-STATUTE-

Any desert-land entryman whose desert-land entry has been

embraced within the exterior limits of any land withdrawal or

irrigation project under the Act of June 17, 1902, known as the

reclamation Act, and who may have obtained a water supply for the

land embraced in any such desert-land entry from the reclamation

project by the purchase of a water-right certificate, may at any

time after having complied with the provisions of the law

applicable to such lands and upon proof of the cultivation and

reclamation of the land to the extent required by the reclamation

Act for homestead entrymen, submit proof of such compliance, which

proof, if found regular and satisfactory, shall entitle the

entryman to a patent and a final water-right certificate under the

same terms and conditions as required of homestead entrymen under

this subchapter.

-SOURCE-

(Aug. 26, 1912, ch. 408, Sec. 1, 37 Stat. 610.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, known as the reclamation Act, referred to

in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,

which is classified generally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 371 of this title and Tables.

-COD-

CODIFICATION

This section was not enacted as part of act Aug. 9, 1912, ch.

278, 37 Stat. 265, which comprises this subchapter.

-End-

-CITE-

43 USC SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS,

AND SCHOOL SITES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-End-

-CITE-

43 USC Sec. 561 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

Sec. 561. Survey and subdivision of land for town sites;

reservation for public purposes

-STATUTE-

The Secretary of the Interior may in connection with irrigation

projects under the reclamation Act of June 17, 1902, not exceeding

one hundred and sixty acres in each case, survey and subdivide the

same into town lots, with appropriate reservations for public

purposes: Provided, That, whenever, in the opinion of the Secretary

of the Interior, it shall be advisable for the public interest, he

may dispose of town sites in excess of one hundred and sixty acres.

-SOURCE-

(Apr. 16, 1906, ch. 1631, Sec. 1, 34 Stat. 116; June 27, 1906, ch.

3559, Sec. 4, 34 Stat. 520; Pub. L. 94-579, title VII, Sec. 704(a),

Oct. 21, 1976, 90 Stat. 2792.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation Act of June 17, 1902, referred to in text, is act

June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which is

classified generally to this chapter. For complete classification

of this Act to the Code, see Short Title note set out under section

371 of this title and Tables.

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-579 struck out provisions authorizing

withdrawal from public entry any lands needed for town-site

purposes.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 704(a) of Pub. L. 94-579 provided that the amendment made

by that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Amendment by Pub. L. 94-579 not to be construed as terminating

any valid lease, permit, patent, etc., existing on Oct. 21, 1976,

see section 701 of Pub. L. 94-579, set out as a note under section

1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 567, 568, 571 of this

title.

-End-

-CITE-

43 USC Sec. 562 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

Sec. 562. Appraisal and sale of town lots

-STATUTE-

The lots so surveyed shall be appraised under the direction of

the Secretary of the Interior and sold under his direction at not

less than their appraised value at public auction to the highest

bidders, from time to time, for cash, and the lots offered for sale

and not disposed of may afterwards be sold at not less than the

appraised value under such regulations as the Secretary of the

Interior may prescribe. Reclamation funds may be used to defray the

necessary expenses of appraisement and sale, and the proceeds of

such sales shall be covered into the reclamation fund.

-SOURCE-

(Apr. 16, 1906, ch. 1631, Sec. 2, 34 Stat. 116.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 563, 564, 565, 567, 568

of this title.

-End-

-CITE-

43 USC Sec. 563 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

Sec. 563. Disposal of town sites set apart prior to June 27, 1906

-STATUTE-

Any town site set apart or established prior to June 27, 1906, by

proclamation of the President, under the provisions of sections 711

and 712 (!1) of this title, within or in the vicinity of any

reclamation project, may be appraised and disposed of in accordance

with the provisions of section 562 of this title and all necessary

expenses incurred in the appraisal and sale of lands embraced

within any such town site shall be paid from the reclamation fund,

and the proceeds of the sales of such lands shall be covered into

the reclamation fund.

-SOURCE-

(June 27, 1906, ch. 3559, Sec. 3, 34 Stat. 519.)

-REFTEXT-

REFERENCES IN TEXT

Sections 711 and 712 of this title, referred to in text, were

repealed by Pub. L. 94-579, title VII, Sec. 703(a), Oct. 21, 1976,

90 Stat. 2789.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 564, 565, 568 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 564 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

Sec. 564. Reappraisal of town lots for sale

-STATUTE-

The Secretary of the Interior is authorized, whenever he may deem

it necessary, to reappraise all unsold lots within town sites on

projects under the reclamation Act heretofore or hereafter

appraised under the provisions of sections 562 and 563 of this

title; and thereafter to proceed with the sale of such town lots in

accordance with said sections.

-SOURCE-

(June 11, 1910, ch. 284, Sec. 1, 36 Stat. 465.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation Act, referred to in text, probably means act June

17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-End-

-CITE-

43 USC Sec. 565 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

Sec. 565. Terms of sale of town lots; installments of price

-STATUTE-

In the sale of town lots under the provisions of sections 562 and

563 of this title the Secretary of the Interior may, in his

discretion, require payments for such town lots in full at time of

sale or in annual installments, not exceeding five, with interest

at the rate of 6 per centum per annum on deferred payments.

-SOURCE-

(June 11, 1910, ch. 284, Sec. 2, 36 Stat. 466.)

-REFTEXT-

REFERENCES IN TEXT

Section 594 of this title, referred to in text, was omitted from

the Code.

-End-

-CITE-

43 USC Sec. 566 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

Sec. 566. Maintenance of public reservations and conveyance to

municipality

-STATUTE-

The public reservations in such town sites shall be improved and

maintained by the town authorities at the expense of the town; and

upon the organization thereof as municipal corporations the said

reservations shall be conveyed to such corporations by the

Secretary of the Interior, subject to the condition that they shall

be used forever for public purposes.

-SOURCE-

(Apr. 16, 1906, ch. 1631, Sec. 3, 34 Stat. 116.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 567, 568 of this title.

-End-

-CITE-

43 USC Sec. 567 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

Sec. 567. Water rights for towns and cities; charges

-STATUTE-

The Secretary of the Interior shall, in accordance with the

provisions of the reclamation law, provide for water rights in

amount he may deem necessary for the towns established as provided,

in sections 561, 562 and 566 of this title, and may enter into

contract with the proper authorities of such towns, and other towns

or cities on or in the immediate vicinity of irrigation projects,

which shall have a water right from the same source as that of said

project for the delivery of such water supply to some convenient

point, and for the payment into the reclamation fund of charges for

the same to be paid by such towns or cities, which charges shall

not be less nor upon terms more favorable than those fixed by the

Secretary of the Interior for the irrigation project from which the

water is taken.

-SOURCE-

(Apr. 16, 1906, ch. 1631, Sec. 4, 34 Stat. 116.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation law, referred to in text, probably means act June

17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-End-

-CITE-

43 USC Sec. 568 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

Sec. 568. Use of reclamation fund for expenses of and disposal of

proceeds of sale of town sites

-STATUTE-

Reclamation funds shall be available for the payment of all

expenses incurred in executing the provisions of sections 561 to

563 and 566 of this title relating to town sites, and the proceeds

of all sales of town sites shall be covered into the reclamation

fund.

-SOURCE-

(June 27, 1906, ch. 3559, Sec. 4, 34 Stat. 520.)

-End-

-CITE-

43 USC Sec. 569 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

Sec. 569. Reservation of land for park, playground, or community

center

-STATUTE-

(a) Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21,

1976, 90 Stat. 2792

(b) Water service

Subject to the provisions hereinafter contained in this section

every such tract of land so set apart shall be supplied with water

from the Government irrigation system, the cost thereof to be

charged to the remaining lands of the project as a part of the

construction charge of such project, and shall be maintained and

used in perpetuity by the people upon said reclaimed lands for a

pleasure park, public playground, and community center.

(c) Contract for maintenance and use

For the purpose of carrying out and effecting the objects of this

section the Secretary of the Interior is authorized to enter into a

contract with the organization formed by the owners of the lands

irrigated within said project or project unit pursuant to section

498 of this title, stipulating and providing that the organization

will maintain and use such of the lands so reserved for the

purposes prescribed in this section as such organization may

desire, and that upon failure to so maintain and use such lands, or

in the event that same shall be permitted to be used or occupied

for other purposes than those stipulated in this section, the

control of the lands shall revert to the United States.

(d) Disposition of land not contracted for

Any of such lands not contracted for in accordance with the

provisions of subsection (c) of this section within ten years from

the time water is available for the same, or sooner, if the

Secretary of the Interior may deem it desirable, shall be disposed

of in accordance with the public land laws applicable thereto, and

the proceeds from the disposition of lands reverting to the United

States under the provisions of this section, and from sales of

water rights, shall be covered into the reclamation fund and placed

to the credit of the project wherein the lands are situate.

-SOURCE-

(Oct. 5, 1914, ch. 316, Secs. 1-4, 38 Stat. 727, 728; Pub. L.

94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in subsec. (d), are classified

generally to this title.

-MISC1-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-579 struck out subsec. (a)

authorizing Secretary of the Interior to withdraw and reserve lands

for country parks, public playgrounds, etc.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 704(a) of Pub. L. 94-579 provided that the amendment made

by that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Amendment by Pub. L. 94-579 not to be construed as terminating

any valid lease, permit, patent, etc., existing on Oct. 21, 1976,

see section 701 of Pub. L. 94-579, set out as a note under section

1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 569a of this title.

-End-

-CITE-

43 USC Sec. 569a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

Sec. 569a. Extension of section 569 to tract of land in Idaho

-STATUTE-

Section 569 of this title is extended to the following described

land.

All in lot 2, section 22, township 7 north, range 1 west, Boise

meridian, beginning at the northwest corner of said lot 2, thence

east along the northern boundary of said lot 2 nine hundred and

ninety feet; thence south along a line parallel to the eastern

boundary of said lot 2 to the intersection with the northerly

meander line of the Payette River; thence westerly along the

northerly meander line of the Payette River to the intersection

with the western boundary of said lot 2; thence north along the

western boundary of said lot 2 to the northwest corner of said lot

2, which is the point of beginning, comprising approximately

twenty-five acres.

-SOURCE-

(July 3, 1926, ch. 777, 44 Stat. 890.)

-End-

-CITE-

43 USC Sec. 570 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

Sec. 570. Conveyance of land to school district

-STATUTE-

The Secretary of the Interior is authorized, upon application by

the proper officers of a school district located wholly or in part

within the boundaries of a project of the United States Bureau of

Reclamation, to issue patent conveying to such district such

unappropriated undisposed of lands, not exceeding six acres in

area, within any Government reclamation town site situated within

such school district as, in the opinion of the Secretary of the

Interior, are necessary for use by said district for school

buildings and grounds: Provided, That if any land so conveyed cease

entirely to be used for school purposes title thereto shall revert

to and revest in the United States.

-SOURCE-

(Oct. 31, 1919, ch. 92, 41 Stat. 326.)

-CHANGE-

CHANGE OF NAME

"Reclamation Service" changed to "Bureau of Reclamation" by order

of the Secretary of the Interior in June of 1923.

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

Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-

43 USC Sec. 571 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

Sec. 571. Sale of unplatted portions of Government town sites;

authorization

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

to appraise, and sell, at public auction, to the highest bidder,

from time to time, under such terms as to time of payment as he may

require, but in no event for any longer period than five years, any

or all of the unplatted portions of Government town sites created

under section 561 of this title, on any irrigation project

constructed under the reclamation law: Provided, That any land so

offered for sale and not disposed of may afterwards be sold, at not

less than the appraised value, at private sale, under such

regulations as the Secretary of the Interior may prescribe. Patents

made in pursuance of such sale shall convey all the right, title,

and interest of the United States in or to the land so sold.

-SOURCE-

(Mar. 2, 1929, ch. 541, Sec. 1, 45 Stat. 1522; Feb. 14, 1931, ch.

176, 46 Stat. 1107.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation law, referred to in text, probably means act June

17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-MISC1-

AMENDMENTS

1931 - Act Feb. 14, 1931, substituted "under such terms as to

time of payment as he may require, but in no event for any longer

period than five years" for "for cash".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 573 of this title.

-End-

-CITE-

43 USC Sec. 572 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

Sec. 572. Disposition of net proceeds; fixing project construction

charges

-STATUTE-

The net proceeds of such sales after deducting all expenditures

on account of such lands, and the project construction charge, for

the irrigable area of the lands so sold where irrigation or

drainage works have been constructed or are proposed to be

constructed, shall be disposed of as provided in section 501 of

this title. Where the project construction charge shall not have

been fixed at the date of any such sale, same shall be estimated by

the Secretary of the Interior.

-SOURCE-

(Mar. 2, 1929, ch. 541, Sec. 2, 45 Stat. 1522.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 573 of this title.

-End-

-CITE-

43 USC Sec. 573 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-

Sec. 573. Expenses of appraisement and sale; rules and regulations

-STATUTE-

Reclamation funds are authorized to be appropriated for use in

defraying the necessary expenses of appraisement and sale of the

lands authorized to be sold under section 571 of this title, and

the Secretary of the Interior is authorized to perform any and all

acts and to make such rules and regulations as, in his opinion, may

be necessary and proper for carrying out the purposes of sections

571 to 573 of this title.

-SOURCE-

(Mar. 2, 1929, ch. 541, Sec. 3, 45 Stat. 1522.)

-End-

-CITE-

43 USC SUBCHAPTER XVI - REFUNDS TO WAR VETERANS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVI - REFUNDS TO WAR VETERANS

-HEAD-

SUBCHAPTER XVI - REFUNDS TO WAR VETERANS

-End-

-CITE-

43 USC Secs. 581 to 586 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVI - REFUNDS TO WAR VETERANS

-HEAD-

Secs. 581 to 586. Omitted

-COD-

CODIFICATION

Section 581, act Feb. 21, 1925, ch. 277, Sec. 1, 43 Stat. 956,

defined "veteran".

Section 582, act Feb. 21, 1925, ch. 277, Sec. 2, 43 Stat. 956,

related to authorization for refund to World War veterans.

Section 583, act Feb. 21, 1925, ch. 277, Sec. 3, 43 Stat. 956,

related to right of estate of a veteran to benefits.

Section 584, act Feb. 21, 1925, ch. 277, Sec. 3, 43 Stat. 956,

related to relinquishment of rights on acceptance of refund.

Section 585, act Feb. 21, 1925, ch. 277, Sec. 4, 43 Stat. 957,

related to cancellation of water-right application.

Section 586, act Feb. 21, 1925, ch. 277, Sec. 5, 43 Stat. 957,

related to regulations by Secretary of the Interior as to refunds.

-End-

-CITE-

43 USC SUBCHAPTER XVII - LEGISLATION APPLICABLE TO

PARTICULAR PROJECTS GENERALLY 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-End-

-CITE-

43 USC Sec. 591 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 591. Omitted

-COD-

CODIFICATION

Section, act Feb. 28, 1923, ch. 145, Sec. 5, 42 Stat. 1325,

related to extension of time for payment of operation and

maintenance charges on projects other than the Boise, Idaho,

project. See section 493a of this title.

-End-

-CITE-

43 USC Sec. 591a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 591a. Boise project, Idaho; Arrowrock Dam; installment

payments of costs of repairs, resurfacing, improvement, etc.

-STATUTE-

For the purpose of avoiding an unduly high operation and

maintenance assessment in any one year and to keep the operation

and maintenance charges in connection with the Arrowrock Division

of the Boise reclamation project within the ability of the water

users to pay, the Secretary of the Interior is authorized to allow

the irrigation districts of the said Arrowrock Division and the

irrigation districts ditch companies, and water users who have

assumed obligations to pay proportionate parts of the estimated

cost of the operation and maintenance of the Arrowrock Reservoir,

to pay the costs, as determined conclusively by said Secretary,

incurred in the repair, resurfacing, and improvement of the

Arrowrock Dam and in increasing the height thereof (to provide

additional capacity to offset past and, to some extent, future

losses of capacity resulting from the deposit of silt in the said

reservoir) in twenty annual installments instead of requiring the

payment of all of such operation and maintenance costs in one year

as provided in section 492 of this title: Provided, That such

costs, for the purpose of any amendatory contracts affecting the

construction charges of Arrowrock Dam that may be entered into as

authorized by subchapter X of this chapter, may, in the discretion

of the Secretary, be treated as part of the construction charges of

said dam, and as payable in the same manner as such charges.

-SOURCE-

(Apr. 22, 1940, ch. 132, 54 Stat. 155.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter X (Sec. 485 et seq.) of this chapter, referred to in

text, was in the original a reference to act of Aug. 4, 1939 (53

Stat. 1187), which is known as the Reclamation Project Act of 1939,

and which enacted subchapter X of this chapter, sections 375a,

380a, and 387 to 389 of this title, and section 16d of Title 41,

Public Contracts, and enacted provision set out as a note under

section 485j of this title. For complete classification of this Act

to the Code, see section 485k of this title and Tables.

-End-

-CITE-

43 USC Sec. 592 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 592. Omitted

-COD-

CODIFICATION

Section, act Feb. 28, 1919, ch. 78, 40 Stat. 1210, granted leave

of absence to any entryman who, prior to Feb. 28, 1919, made entry

upon land withdrawn under reclamation law, until water became

available for irrigation.

-End-

-CITE-

43 USC Sec. 593 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 593. Flathead irrigation project, Montana

-STATUTE-

The provisions of sections 441 and 442 of this title, authorizing

the assignment under certain conditions of homesteads within

reclamation projects, and of subchapter XIV of this chapter,

authorizing under certain conditions the issuance of patents on

reclamation entries, and for other purposes, are hereby extended

and made applicable to lands within the Flathead irrigation

project, in the former Flathead Indian Reservation, Montana, but

such lands shall otherwise be subject to the provisions of the Act

of Congress approved April 23, 1904 (Thirty-third Statutes at

Large, page 302), as amended by the Act of Congress approved May

29, 1908 (Thirty-fifth Statutes at Large, page 448): Provided, That

the lien reserved to the United States on the land patented, as

provided for in section 542 of this title, shall include all sums

due or to become due to the United States on account of the Indian

price of such land.

-SOURCE-

(July 17, 1914, ch. 143, 38 Stat. 510.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter XIV (Sec. 541 et seq.) of this chapter, referred to in

text, was in the original a reference to act Aug. 9, 1912, 37 Stat.

265.

Act April 23, 1904, referred to in text, is not classified to the

Code.

-End-

-CITE-

43 USC Sec. 593a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 593a. Construction, operation, and maintenance of Hungry Horse

Dam

-STATUTE-

For the purpose of irrigation and reclamation of arid lands, for

controlling floods, improving navigation, regulating the flow of

the South Fork of the Flathead River, for the generation of

electric energy, and for other beneficial uses primarily in the

State of Montana but also in downstream areas, the Secretary of the

Interior is authorized and directed to proceed as soon as

practicable with the construction, operation, and maintenance of

the proposed Hungry Horse Dam (including facilities for generating

electric energy) on the South Fork of the Flathead River, Flathead

County, Montana, to such a height as may be necessary to impound

not less than one million acre-feet of water. The Hungry Horse

project shall be subject to the Federal reclamation laws (Act of

June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or

supplementary thereto).

The Secretary of the Interior is authorized to complete, as soon

as the necessary additional material is available, the construction

of the Hungry Horse Dam so as to provide a storage reservoir of the

maximum usable and feasible capacity.

-SOURCE-

(June 5, 1944, ch. 234, Secs. 1, 2, 58 Stat. 270; Pub. L. 85-428,

May 29, 1958, 72 Stat. 147.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-428 provided that the Hungry Horse project

shall be subject to the Federal reclamation laws.

AUTHORIZATION OF APPROPRIATIONS

Section 4 of act June 5, 1944, authorized appropriation of such

sums as might be necessary to carry out the purpose of this section

and section 593b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 837h.

-End-

-CITE-

43 USC Sec. 593b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 593b. Construction of additional works for irrigation purposes

-STATUTE-

The Secretary of the Interior is authorized to construct,

operate, and maintain under the provisions of the Federal

reclamation laws (Act June 17, 1902, 32 Stat. 388, and Acts

amendatory thereof or supplementary thereto), such additional works

as he may deem necessary for irrigation purposes. Such irrigation

works may be undertaken only after a report and findings thereon

have been made by the Secretary of the Interior as provided in such

Federal reclamation laws; and, within the limits of the water

users' repayment ability, such report may be predicated on

allocation to irrigation of an appropriate portion of the cost of

constructing said dam and reservoir. Said dam and reservoir and

said irrigation works may be utilized for irrigation purposes only

pursuant to the provisions of said Federal reclamation laws.

-SOURCE-

(June 5, 1944, ch. 234, Sec. 3, 58 Stat. 271.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-MISC1-

AUTHORIZATION OF APPROPRIATIONS

Section 4 of act June 5, 1944, authorized appropriation of such

sums as might be necessary to carry out the purpose of this section

and section 593a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 837h.

-End-

-CITE-

43 USC Sec. 594 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 594. Omitted

-COD-

CODIFICATION

Section, act June 27, 1906, ch. 3559, Sec. 4, 34 Stat. 520,

provided that settlers who had actually established themselves in

town sites of Heyburn and Rupert, Idaho, prior to Mar. 5, 1906, in

permanent buildings not easily moved, should be given right to

purchase lots so built upon at an appraised value.

-End-

-CITE-

43 USC Sec. 595 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 595. King Hill project, Idaho

-STATUTE-

King Hill project, Idaho, shall be subject to the reclamation Act

of June 17, 1902, and all Acts amendatory thereof or supplementary

thereto, so far as applicable and consistent with contract made

prior to July 1, 1918, between the United States and King Hill

irrigation district: Provided, That for the purposes of issuing

patent to lands reclaimed, the reclamation effected by the

operations of the United States Bureau of Reclamation may be

considered by the Secretary of the Interior as equivalent to

reclamation effected by the State of Idaho, under section 641 of

this title.

-SOURCE-

(July 1, 1918, ch. 113, 40 Stat. 674.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation Act of June 17, 1902, referred to in text, is act

June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which is

classified generally to this chapter. For complete classification

of act of June 17, 1902, to the Code, see Short Title note set out

under section 371 of this title and Tables.

-CHANGE-

CHANGE OF NAME

"Reclamation Service" was changed to "Bureau of Reclamation" by

order of the Secretary of the Interior in June of 1923.

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

Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-

43 USC Sec. 596 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 596. Omitted

-COD-

CODIFICATION

Section, act May 20, 1921, ch. 9, 42 Stat. 7, gave exservice men,

successful at drawing held March 5, 1920, but unable to make entry

because of reinstatement of conflicting claims, preference for not

less than thirty days before next opening of lands to other entry.

-End-

-CITE-

43 USC Sec. 597 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 597. Riverton project, Wyoming

-STATUTE-

Lands within and in the vicinity of the ceded portion of the Wind

River or Shoshone Reservation, and included in the Riverton

project, Wyoming, shall be subject to all the charges, terms,

conditions, provisions, and limitations of the reclamation Act and

Acts amendatory thereof or supplementary thereto, and suitable

provision shall be made by the Secretary of the Interior in fixing

the charges to provide for reimbursement of the entire expenditure

in accordance with the reclamation law and other laws applicable to

said lands.

When any land on the project is opened to homestead entry under

the terms of the "Reclamation Law", the entryman shall pay to the

United States for the lands the sum of $1.50 per acre as provided

in section 2 of the Act approved March 3, 1905 (volume 33, Statutes

at Large, page 1016), to be credited to the fund established by

said Act of 1905, together with the proceeds from the sale of town

sites established in said project under the "Reclamation Law".

-SOURCE-

(June 5, 1920, ch. 235, 41 Stat. 915; Mar. 4, 1921, ch. 161, 41

Stat. 1404.)

-REFTEXT-

REFERENCES IN TEXT

References to the reclamation Act, the reclamation law, and the

"Reclamation Law", in text, probably mean act June 17, 1902, ch.

1093, 32 Stat. 388, as amended, popularly known as the Reclamation

Act, which is classified generally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 371 of this title and Tables.

Act of March 3, 1905, referred to in text, is act Mar. 3, 1905,

ch. 1452, 33 Stat. 1016, which is not classified to the Code.

-MISC1-

RESTORATION OF LANDS TO PUBLIC DOMAIN

Act Aug. 15, 1953, ch. 509, Sec. 2, 67 Stat. 612, set out as a

note under section 611 of Title 25, Indians, provided that

unentered and vacant lands of the Riverton reclamation project

within the ceded portion of the Wind River Indian Reservation

should be restored to the public domain for administration, use,

occupancy, and disposal under the reclamation and public land laws

of the United States.

-End-

-CITE-

43 USC Sec. 597a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 597a. Easements for Bull Lake Dam and Reservoir

-STATUTE-

There is granted to the United States and its assigns, including

its successors in control of the operation and maintenance of the

Riverton reclamation project, Wyoming, a flowage easement and an

easement for a dam site, together with all rights and privileges

incident to the use and enjoyment of said easements, over tribal

and allotted lands of the Wind River or Shoshone Indian Reservation

within that part of said reservation required for the construction

of the Bull Lake Dam and Reservoir on Bull Lake Creek, a tributary

of the Wind River, in connection with the Riverton reclamation

project, Wyoming, and for the impounding of approximately one

hundred and fifty-five thousand acre-feet of water, including a

ten-foot freeboard: Provided, That in consideration of the said

rights insofar as they affect tribal lands there shall be deposited

into the Treasury of the United States pursuant to the provisions

of section 155 of title 25, for credit to the Shoshone and Arapaho

Indians of the Wind River Reservation the sum of $6,500, from

moneys appropriated for the construction of the said Bull Lake Dam

and Reservoir, and the said sum when so credited shall draw

interest at the rate of 4 per centum per annum.

-SOURCE-

(Mar. 14, 1940, ch. 51, Sec. 1, 54 Stat. 49.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 597b, 597c, 597d of this

title.

-End-

-CITE-

43 USC Sec. 597b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 597b. Compensation for easements

-STATUTE-

Compensation to the individual Indian owners of the allotted

lands within the area described in section 597a of this title shall

be made from moneys appropriated for the construction of the Bull

Lake Dam and Reservoir at the appraised value of the easements:

Provided, That should any individual Indian not agree to accept the

appraised value of the easement as it affects his land, the

Secretary of the Interior be, and he is, authorized to acquire such

easement by condemnation proceedings.

-SOURCE-

(Mar. 14, 1940, ch. 51, Sec. 2, 54 Stat. 49.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 597c, 597d of this title.

-End-

-CITE-

43 USC Sec. 597c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 597c. Reservation of Indians' right to use lands

-STATUTE-

The easements granted in section 597a of this title shall not

interfere with the use by the Indians of the Wind River or Shoshone

Indian Reservation of the lands dealt with in sections 597a to 597d

of this title and the waters of Bull Lake Creek and the reservoir

insofar as the use by the Indians shall not be inconsistent with

the use of said lands for reservoir purposes.

-SOURCE-

(Mar. 14, 1940, ch. 51, Sec. 3, 54 Stat. 49.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 597d of this title.

-End-

-CITE-

43 USC Sec. 597d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 597d. Regulations

-STATUTE-

The Secretary of the Interior is authorized to perform any and

all acts and to prescribe such regulations as may be necessary to

carry out the provisions of sections 597a to 597d of this title.

-SOURCE-

(Mar. 14, 1940, ch. 51, Sec. 4, 54 Stat. 49.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 597c of this title.

-End-

-CITE-

43 USC Sec. 598 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 598. Salt River project, Arizona; sale of water power

-STATUTE-

Whenever a development of power is necessary for the irrigation

of lands under the Salt River reclamation project, Arizona, or an

opportunity is afforded for the development of power under said

project, the Secretary of the Interior is authorized, giving

preference to municipal purposes, to enter into contracts for a

period not exceeding fifty years for the sale of any surplus power

so developed, and the money derived from such sales shall be placed

to the credit of said project for disposal as provided in the

contract between the United States of America and the Salt River

Valley Water Users' Association, approved September 6, 1917:

Provided, That no contract shall be made for the sale of such

surplus power which will impair the efficiency of said project:

Provided, however, That no such contract shall be made without the

approval of the legally organized water-users' association or

irrigation district which has contracted with the United States to

repay the cost of said project: Provided further, That the charge

for power may be readjusted at the end of five-, ten-, or

twenty-year periods after the beginning of any contract for the

sale of power in a manner to be described in the contract.

-SOURCE-

(Sept. 18, 1922, ch. 323, 42 Stat. 847.)

-End-

-CITE-

43 USC Sec. 599 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 599. Omitted

-COD-

CODIFICATION

Section, act Aug. 17, 1916, ch. 349, 39 Stat. 516, provided that

any person who established residence and made improvements on land

within Yuma reclamation project for two years prior to August 17,

1916, should have right to make entry for the farm unit and have

residence and improvements credited on his final proof.

-End-

-CITE-

43 USC Sec. 600 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 600. Minidoka project, Idaho; sales of water from American

Falls Reservoir

-STATUTE-

No contractor shall secure a right to the use of water from

American Falls Reservoir, Minidoka project, except under a contract

containing the provision that the contractor shall, as a part of

the construction cost, pay interest at the rate of six per centum

per annum upon the contractor's proper proportionate share, as

found by the Secretary of the Interior, of the moneys advanced by

the United States on account of the construction of said reservoir

prior to the date of the contract.

-SOURCE-

(June 5, 1924, ch. 264, 43 Stat. 417.)

-End-

-CITE-

43 USC Sec. 600a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 600a. Arch Hurley Conservancy District project, New Mexico

-STATUTE-

The Secretary of the Interior is authorized to construct a

Federal reclamation project for the irrigation of the lands of the

Arch Hurley Conservancy District in New Mexico under the Federal

reclamation laws: Provided, That construction work is not to be

initiated on said irrigation project until (a) the project shall

have been found to be feasible under section 412 of this title, but

the project may be found to be financially feasible if the

Secretary of the Interior finds that the amount to be expended from

the reclamation fund can be repaid by the District, and further

that the amount of money to be expended from the reclamation fund,

plus the amount of money which has been made available from other

sources (for the estimated period of construction), equals the

estimated cost of construction; (b) a contract shall have been

executed with an irrigation or conservation district embracing the

land to be irrigated under said project, which contract shall

obligate the contracting district to repay the cost of construction

of said project met by expenditure of moneys from the reclamation

fund in forty equal annual installments, without interest; (c)

contracts shall have been made with each owner of more than one

hundred and sixty irrigable acres under said project, by which he,

his successors, and assigns shall be obligated to sell all of his

land in excess of one hundred and sixty irrigable acres at or below

prices fixed by the Secretary of the Interior and within the time

to be fixed by said Secretary, no water to be furnished to the land

of any such large landowner refusing or failing to execute such

contract.

-SOURCE-

(Aug. 2, 1937, ch. 557, 50 Stat. 557; Apr. 9, 1938, ch. 134, 52

Stat. 211; Aug. 9, 1955, ch. 637, Sec. 1, 69 Stat. 556.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation laws, referred to in text, include the

act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as

the Reclamation Act, and Acts amendatory thereof and supplementary

thereto, classified generally to this chapter. For complete

classification of act June 17, 1902, to the Code, see Short Title

note set out under section 371 of this title and Tables.

-MISC1-

AMENDMENTS

1955 - Act Aug. 9, 1955, struck out cl. (d) which required

landowners to contract to pay to the United States one-half of the

price above the appraised value received for the sale of land.

1938 - Act Apr. 9, 1938, inserted "but the project may be found

feasible if the Secretary of the Interior finds that the amount to

be expended from the reclamation fund can be repaid by the

District, and further that the amount of money to be expended from

the reclamation fund, plus the amount of money which has been made

available from other sources (for the estimated period of

construction), equals the estimated cost of construction" after

"section 412 of this title".

AMENDMENT OF CONTRACTS

Section 2 of act Aug. 9, 1955, provided that: "The Secretary of

the Interior is authorized to amend any contract, which has been

entered into prior to the date of enactment of this Act [Aug. 9,

1955], to conform with the provisions of the first section of this

Act [amending this section]. The consent of the United States is

hereby given to the recording, at the expense of the party

benefited thereby, of any such amendment contract and to the

simultaneous discharge of record of the original contract. The

consent of the United States is likewise given to the discharge of

record, at the expense of the party benefited thereby, of any

contract which the Secretary of the Interior or his duly authorized

agent finds is rendered nugatory by the enactment of this Act

[amending this section]."

ENFORCEMENT OF CONTRACT PROVISIONS; COMPLETED TRANSACTIONS AND

PAYMENTS

Section 1 of act Aug. 9, 1955, provided, in part, that: "No

provision with respect to the matters covered in said clause (d)

[former cl. (d) of this section] which is contained in any contract

entered into prior to the date of enactment of this Act [Aug. 9,

1955] shall, except as is otherwise provided by this Act [amending

this section], be enforced by the United States. Nothing contained

in this section shall affect (1) the retention and application by

the United States of any payments which have been made prior to the

date of enactment of this Act [Aug. 9, 1955] in accordance with any

such provision of a contract, (2) the obligation of any party to

the United States with respect to any payment which is due to the

United States under any such provision but not paid upon the date

of enactment of this Act [Aug. 9, 1955], and the application by the

United States of any such payment in accordance with the terms of

such contract, or (3) the enforcement of any such obligation by

refusal to deliver water to lands covered by contractual provisions

executed in accordance with said clause (d), except in those cases,

if any, in which a sale or transfer consummated between December

27, 1938, and the date of enactment of this Act [Aug. 9, 1955] is

only discovered after such date of enactment to have been made

contrary to such contractual provisions or to said clause (d)."

-End-

-CITE-

43 USC Sec. 600b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 600b. Canadian River project, Texas

-STATUTE-

For the purposes of irrigating land, delivering water for

industrial and municipal use, controlling floods, providing

recreation and fish and wildlife benefits, and controlling and

catching silt, the Secretary of the Interior, acting pursuant to

the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388,

and Acts amendatory thereof or supplementary thereto), is

authorized to construct, operate, and maintain the Canadian River

reclamation project, Texas, described in the report of the

Commissioner of Reclamation approved by the Secretary May 3, 1950,

entitled "Plan for Development, Canadian River Project, Texas",

Project Planning Report Number 5-12.22-1, at an estimated cost of

$86,656,000, the impounding works whereof shall be located at a

suitable site on the Canadian River in that area known as the

Panhandle of Texas. In addition to the impounding works, the

project shall include such main canals, pumping plants,

distribution and drainage systems, and other works as are necessary

to accomplish the purposes of sections 600b and 600c of this title.

The use by the project of waters arising in Ute and Pajarito

Creeks, New Mexico, shall be only such use as does not conflict

with use, present or potential, of such waters for beneficial

consumptive purposes in New Mexico.

-SOURCE-

(Dec. 29, 1950, ch. 1183, Sec. 1, 64 Stat. 1124.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to this chapter.

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

Title note set out under section 371 of this title and Tables.

-MISC1-

AUTHORIZATION OF APPROPRIATIONS

Section 3 of act Dec. 29, 1950, provided that: "There are hereby

authorized to be appropriated, out of any moneys in the Treasury

not otherwise appropriated, such sums as may be required to carry

out the purposes of this Act [enacting this section and section

600c of this title]."

CANADIAN RIVER PROJECT PREPAYMENT

Pub. L. 105-316, Oct. 30, 1998, 112 Stat. 2999, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Canadian River Project Prepayment

Act'.

"SEC. 2. DEFINITIONS.

"For the purposes of this Act:

"(1) The term 'Authority' means the Canadian River Municipal

Water Authority, a conservation and reclamation district of the

State of Texas.

"(2) The term 'Canadian River Project Authorization Act' means

the Act entitled 'An Act to authorize the construction,

operation, and maintenance by the Secretary of the Interior of

the Canadian River reclamation project, Texas', approved December

29, 1950 (ch. 1183; 64 Stat. 1124) [enacting this section,

section 600c of this title, and provisions set out as a note

above].

"(3) The term 'Project' means all of the right, title and

interest in and to all land and improvements comprising the

pipeline and related facilities of the Canadian River Project

authorized by the Canadian River Project Authorization Act.

"(4) The term 'Secretary' means the Secretary of the Interior.

"SEC. 3. PREPAYMENT AND CONVEYANCE OF PROJECT.

"(a) In General. - (1) In consideration of the Authority

accepting the obligation of the Federal Government for the Project

and subject to the payment by the Authority of the applicable

amount under paragraph (2) within the 360-day period beginning on

the date of the enactment of this Act [Oct. 30, 1998], the

Secretary shall convey the Project to the Authority, as provided in

section 2(c)(3) of the Canadian River Project Authorization Act (64

Stat. 1124) [section 600c(c)(3) of this title].

"(2) For purposes of paragraph (1), the applicable amount shall

be -

"(A) $34,806,731, if payment is made by the Authority within

the 270-day period beginning on the date of the enactment of this

Act; or

"(B) the amount specified in subparagraph (A) adjusted to

include interest on that amount since the date of the enactment

of this Act at the appropriate Treasury bill rate for an

equivalent term, if payment is made by the Authority after the

period referred to in subparagraph (A).

"(3) If payment under paragraph (1) is not made by the Authority

within the period specified in paragraph (1), this Act shall have

no force or effect.

"(b) Financing. - Nothing in this Act shall be construed to

affect the right of the Authority to use a particular type of

financing.

"SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.

"(a) In General. - Nothing in this Act shall be construed as

significantly expanding or otherwise changing the use or operation

of the Project from its current use and operation.

"(b) Future Alterations. - If the Authority alters the operations

or uses of the Project it shall comply with all applicable laws or

regulations governing such alteration at that time.

"(c) Recreation. - The Secretary of the Interior, acting through

the National Park Service, shall continue to operate the Lake

Meredith National Recreation Area at Lake Meredith.

"(d) Flood Control. - The Secretary of the Army, acting through

the Corps of Engineers, shall continue to prescribe regulations for

the use of storage allocated to flood control at Lake Meredith as

prescribed in the Letter of Understanding entered into between the

Corps, the Bureau of Reclamation, and the Authority in March and

May 1980.

"(e) Sanford Dam Property. - The Authority shall have the right

to occupy and use without payment of lease or rental charges or

license or use fees the property retained by the Bureau of

Reclamation at Sanford Dam and all buildings constructed by the

United States thereon for use as the Authority's headquarters and

maintenance facility. Buildings constructed by the Authority on

such property, or past and future additions to Government

constructed buildings, shall be allowed to remain on the property.

The Authority shall operate and maintain such property and

facilities without cost to the United States.

"SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

"(a) Payment Obligations Extinguished. - Provision of

consideration by the Authority in accordance with section 3(b)

shall extinguish all payment obligations under contract numbered

14-06-500-485 between the Authority and the Secretary.

"(b) Operation and Maintenance Costs. - After completion of the

conveyance provided for in section 3, the Authority shall have full

responsibility for the cost of operation and maintenance of Sanford

Dam, and shall continue to have full responsibility for operation

and maintenance of the Project pipeline and related facilities.

"(c) In General. - Rights and obligations under the existing

contract No. 14-06-500-485 between the Authority and the United

States, other than provisions regarding repayment of construction

charge obligation by the Authority and provisions relating to the

Project aqueduct, shall remain in full force and effect for the

remaining term of the contract.

"SEC. 6. RELATIONSHIP TO OTHER LAWS.

"Upon conveyance of the Project under this Act, the Reclamation

Act of 1902 (82 [32] Stat. 388) [43 U.S.C. 371 et seq.] and all

Acts amendatory thereof or supplemental thereto shall not apply to

the Project.

"SEC. 7. LIABILITY.

"Except as otherwise provided by law, effective on the date of

conveyance of the Project under this Act, the United States shall

not be liable under any law for damages of any kind arising out of

any act, omission, or occurrence relating to the conveyed

property."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 600c, 600d of this title;

title 16 section 460eee-1.

-End-

-CITE-

43 USC Sec. 600c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 600c. Nonreimbursable costs

-STATUTE-

(a) Construction, operation, and maintenance costs

Notwithstanding any recommendations in the report mentioned in

section 600b of this title to the contrary, only the costs of

construction allocable to flood control and, upon approval by the

President of a suitable plan thereof, to the preservation and

propagation of fish and wildlife, and operation and maintenance

costs allocable to the same purposes, shall be nonreimbursable.

(b) Conditions precedent to construction

Actual construction of the project herein authorized shall not be

commenced, and no construction contract awarded therefor, until (1)

the Congress shall have consented to the interstate compact between

the States of New Mexico, Oklahoma, and Texas agreed upon by the

Canadian River Compact Commission at Santa Fe, New Mexico, December

6, 1950, in conformity with Public Law 491, Eighty-first Congress,

and (2) repayment of that portion of the actual cost of

constructing the project which is allocated to municipal and

industrial water supply and of interest on the unamortized balance

thereof at a rate (which rate shall be certified by the Secretary

of the Treasury) equal to the average rate paid by the United

States on its long-term loans outstanding at the time the repayment

contract is negotiated minus the amount of such net revenues as may

be derived from temporary water supply contracts or from other

sources prior to the close of the repayment period, shall have been

assured by a contract satisfactory to the Secretary, with one

central repayment contract organization, the term of which shall

not exceed fifty years from the date of completion of the municipal

and industrial water supply features of the project as determined

by the Secretary.

(c) Repayment contract

The repayment contract shall provide, among other things, (1)

that the holder thereof shall have a first right, to which right

the rights of the holders of any other type of contract shall be

subordinate, to a stated share or quantity of the project's

available water supply for use by its constituent industrial and

municipal water users during the repayment period and a permanent

right to such share or quantity thereafter subject to payment of

such costs as may be incurred by the United States in its operation

and maintenance of any part of the project works; (2) that, subject

to such rules and regulations as the Secretary may prescribe, the

care, operation, and maintenance of such portions of the pipeline

and related facilities as are used solely for delivering such water

to the contract holder and its constituent organizations shall, as

soon as is practicable after completion of the municipal and

industrial water supply features of the project, pass to the

contract holder or to an organization which is designated by it for

that purpose and which is satisfactory to the Secretary; and (3)

that title to such portions of the pipeline and related facilities

shall in like manner pass to the contract holder or its designee or

designees upon payment to the United States of all obligations

arising under sections 600b and 600c of this title or incurred in

connection with the project.

-SOURCE-

(Dec. 29, 1950, ch. 1183, Sec. 2, 64 Stat. 1124.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 491, Eighty-first Congress, referred to in subsec.

(b), is act Apr. 29, 1950, ch. 135, 64 Stat. 93, which is set out

as a note below.

-MISC1-

CONSENT OF CONGRESS TO COMPACT

Act Apr. 29, 1950, ch. 135, 64 Stat. 93, provided: "That the

consent of the Congress is hereby given to the States of Oklahoma,

Texas, and New Mexico to negotiate and enter into a compact not

later than June 30, 1953, providing for an equitable apportionment

among the said States of the waters of the Canadian River and its

tributaries, upon the condition that one suitable person, who shall

be appointed by the President of the United States, shall

participate in said negotiations as the representative of the

United States and shall make report to the Congress of the

proceedings and of any compact entered into. Said compact shall not

be binding or obligatory upon any of the parties thereto unless and

until the same shall have been ratified by the legislature of each

of the States aforesaid and approved by the Congress of the United

States."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 600b, 600d of this title;

title 16 section 460eee-1.

-End-

-CITE-

43 USC Sec. 600d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 600d. Sanford Reservoir recreation facilities; allocation of

water, reservoir capacity, or joint project costs of Canadian

River project; municipal water use priorities; agreements for

operation, maintenance, or additional development of project

lands or facilities; disposal of project lands or facilities;

nonreimbursable costs; cognizance of effect of fish and wildlife

plan

-STATUTE-

The Secretary of the Interior is authorized to investigate, plan,

construct, operate and maintain, or otherwise provide for basic

public outdoor recreation facilities at the Sanford Reservoir area,

Canadian Federal reclamation project, to acquire or otherwise

include within the project area such adjacent lands or interests

therein as are necessary for present or future public recreation

use, and to provide for the public use and enjoyment of project

lands, facilities, and water areas in a manner coordinated with

other project purposes: Provided, That this section shall not

provide the Secretary with a basis for allocation to recreation of

water, reservoir capacity, or joint project costs of the Canadian

River project nor affect the priority for municipal use of water

stored in the Sanford Reservoir, or the priority of use for

municipal purposes of the capacity of said reservoir. The Secretary

is authorized to enter into agreements with Federal agencies or

State or local public bodies for the operation, maintenance, or

additional development of project lands or facilities, or to

dispose of project lands or facilities to Federal agencies or State

or local public bodies by lease, transfer, conveyance or exchange

upon such terms and conditions as will best promote the development

and operation of such lands or facilities in the public interest

for recreation purposes. The cost of providing basic recreation

facilities shall be nonreimbursable. In carrying out the aforesaid

activities the Secretary shall take cognizance of the effect of the

fish and wildlife plan approved by the President December 19, 1962,

pursuant to sections 600b and 600c of this title in providing

facilities at the Canadian River project which have general

recreation utility.

-SOURCE-

(Pub. L. 88-536, Sec. 1, Aug. 31, 1964, 78 Stat. 744.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 600e of this title.

-End-

-CITE-

43 USC Sec. 600e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

-HEAD-

Sec. 600e. Authorization of appropriations for public recreation

facilities

-STATUTE-

There are authorized to be appropriated such amounts, but not

more than $1,100,000, as may be necessary for the investigation,

preparation of plans, construction and acquisition of lands

authorized in section 600d of this title.

-SOURCE-

(Pub. L. 88-536, Sec. 2, Aug. 31, 1964, 78 Stat. 744.)

-End-

-CITE-

43 USC SUBCHAPTER XVIII - CIBOLO PROJECT, TEXAS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVIII - CIBOLO PROJECT, TEXAS

-HEAD-

SUBCHAPTER XVIII - CIBOLO PROJECT, TEXAS

-End-

-CITE-

43 USC Secs. 600f to 600f-4 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XVIII - CIBOLO PROJECT, TEXAS

-HEAD-

Secs. 600f to 600f-4. Omitted

-COD-

CODIFICATION

Section 600f, Pub. L. 93-493, title II, Sec. 201, Oct. 27, 1974,

88 Stat. 1491, related to authorization for construction,

operation, and maintenance of Cibolo project.

Section 600f-1, Pub. L. 93-493, title II, Sec. 202, Oct. 27,

1974, 88 Stat. 1491, related to basis of interest rate on unpaid

balance of reimbursable costs of Cibolo project.

Section 600f-2, Pub. L. 93-493, title II, Sec. 203, Oct. 27,

1974, 88 Stat. 1491, related to water delivery and reimbursable

construction cost repayment contracts.

Section 600f-3, Pub. L. 93-493, title II, Sec. 204, Oct. 27,

1974, 88 Stat. 1492, related to conservation and development of

fish and wildlife resources and enhancement of recreation.

Section 600f-4, Pub. L. 93-493, title II, Sec. 205, Oct. 27,

1974, 88 Stat. 1492, related to authorization of appropriations to

defray construction costs of Cibolo project.

-End-

-CITE-

43 USC SUBCHAPTER XIX - NUECES RIVER PROJECT, TEXAS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIX - NUECES RIVER PROJECT, TEXAS

-HEAD-

SUBCHAPTER XIX - NUECES RIVER PROJECT, TEXAS

-End-

-CITE-

43 USC Secs. 600g to 600g-4 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XIX - NUECES RIVER PROJECT, TEXAS

-HEAD-

Secs. 600g to 600g-4. Omitted

-COD-

CODIFICATION

Section 600g, Pub. L. 93-493, title X, Sec. 1001, Oct. 27, 1974,

88 Stat. 1496, related to authorization for construction,

operation, and maintenance of Nueces River project.

Section 600g-1, Pub. L. 93-493, title X, Sec. 1002, Oct. 27,

1974, 88 Stat. 1496, related to repayment costs of Nueces River

project.

Section 600g-2, Pub. L. 93-493, title X, Sec. 1003, Oct. 27,

1974, 88 Stat. 1496, related to water delivery and reimbursable

construction cost repayment contracts.

Section 600g-3, Pub. L. 93-493, title X, Sec. 1004, Oct. 27,

1974, 88 Stat. 1497, related to conservation and development of

fish and wildlife resources and enhancement of recreation

opportunities.

Section 600g-4, Pub. L. 93-493, title X, Sec. 1005, Oct. 27,

1974, 88 Stat. 1497, related to authorization of appropriations for

Nueces River project.

-End-

-CITE-

43 USC SUBCHAPTER XX - KLAMATH PROJECT, OREGON-CALIFORNIA 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XX - KLAMATH PROJECT, OREGON-CALIFORNIA

-HEAD-

SUBCHAPTER XX - KLAMATH PROJECT, OREGON-CALIFORNIA

-End-

-CITE-

43 USC Sec. 601 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XX - KLAMATH PROJECT, OREGON-CALIFORNIA

-HEAD-

Sec. 601. Omitted

-COD-

CODIFICATION

Section, act Feb. 9, 1905, ch. 567, 33 Stat. 714, related to

changes in levels of lakes and subjection of lands to reclamation

law.

-End-

-CITE-

43 USC Secs. 602 to 609 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XX - KLAMATH PROJECT, OREGON-CALIFORNIA

-HEAD-

Secs. 602 to 609. Repealed. June 17, 1944, ch. 261, Sec. 2(a), 58

Stat. 279

-MISC1-

Section 602, act May 27, 1920, ch. 209, Sec. 1, 41 Stat. 627,

related to notice of lands subject to entry and conditions and

reservations in patents.

Section 603, act May 27, 1920, ch. 209, Sec. 2, 41 Stat. 628,

related to assessment of past expenditure for benefit of

reclamation fund.

Section 604, act May 27, 1920, ch. 209, Sec. 3, 41 Stat. 628,

related to survey and opening of lands to entry.

Section 605, act May 27, 1920, ch. 209, Sec. 4, 41 Stat. 628,

related to additional payments; installments; forfeiture for

nonpayment, etc.

Section 606, act May 27, 1920, ch. 209, Sec. 5, 41 Stat. 628,

related to preference rights of World War I veterans.

Section 607, act May 27, 1920, ch. 209, Sec. 6, 41 Stat. 629,

related to squatter's rights not recognized, time of entry, and

penalty for premature entry.

Section 608, act May 27, 1920, ch. 209, Sec. 7, 41 Stat. 629,

related to Lands in Klamath Lake Bird Reservation.

Section 609, act May 27, 1920, ch. 209, Sec. 8, 41 Stat. 629,

related to powers of Secretary of the Interior in relation to

project.

-End-

-CITE-

43 USC Secs. 610 to 612 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XX - KLAMATH PROJECT, OREGON-CALIFORNIA

-HEAD-

Secs. 610 to 612. Omitted

-COD-

CODIFICATION

Section 610, act May 25, 1926, ch. 383, Sec. 14(a-1), as added

June 23, 1932, ch. 273, 47 Stat. 332, related to reclassification

of lands within the Klamath irrigation district.

Section 611, act July 1, 1946, ch. 529, 60 Stat. 366, related to

availability of revenues from lease of Tule Lake marginal lands for

refunds, was from the Interior Department Appropriation Act, 1947.

Similar provisions were contained in the following prior

appropriation acts: July 3, 1945, ch. 262, 59 Stat. 340; June 28,

1944, ch. 298, 58 Stat. 487; July 12, 1943, ch. 219, 57 Stat. 473;

July 2, 1942, ch. 473, 56 Stat. 533; June 28, 1941, ch. 259, 55

Stat. 332; June 18, 1940, ch. 395, 54 Stat. 434.

Section 612, acts June 17, 1944, ch. 261, Sec. 2(b)-(d), 58 Stat.

279; Aug. 1, 1956, ch. 828, Sec. 2(e), 70 Stat. 799, related to

lands of the Klamath project being subject to the reclamation laws.

-MISC1-

CONTRACT APPROVED

Section 1 of act June 17, 1944, ch. 261, 58 Stat. 279, provided

that the contract dated Apr. 28, 1943, negotiated by the Secretary

of the Interior with the Klamath Drainage District was approved and

that the Secretary was authorized to execute such contract.

RECLAMATION LAWS

Section 3 of act June 17, 1944, ch. 261, 58 Stat. 279, provided

that section 612 was part of the Federal reclamation laws.

REPAYMENT CONTRACT WITH TULE LAKE IRRIGATION DISTRICT

Act Aug. 1, 1956, ch. 828, 70 Stat. 799, authorized Secretary of

the Interior to execute a repayment contract with Tule Lake

Irrigation District.

-End-

-CITE-

43 USC SUBCHAPTER XXI - GILA PROJECT, ARIZONA 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXI - GILA PROJECT, ARIZONA

-HEAD-

SUBCHAPTER XXI - GILA PROJECT, ARIZONA

-End-

-CITE-

43 USC Secs. 613 to 613e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXI - GILA PROJECT, ARIZONA

-HEAD-

Secs. 613 to 613e. Omitted

-COD-

CODIFICATION

Section 613, act July 30, 1947, ch. 382, Sec. 1, 61 Stat. 628,

related to reduction in area of Gila project.

Section 613a, act July 30, 1947, ch. 382, Sec. 2, 61 Stat. 628,

related to acquisition of property within or adjacent to Gila

project.

Section 613b, act July 30, 1947, ch. 382, Sec. 3, 61 Stat. 629,

related to authority of Secretary of the Interior to dispose of

land within Gila project.

Section 613c, act July 30, 1947, ch. 382, Sec. 4, 61 Stat. 629,

related to applicability of project land to State laws and

liability of such land for assessments and taxes.

Section 613d, act July 30, 1947, ch. 382, Sec. 5, 61 Stat. 629,

related to repayment of construction costs for Gila project in

installments.

Section 613e, act July 30, 1947, ch. 382, Sec. 7, 61 Stat. 630,

related to powers of Secretary of the Interior and his duly

authorized representatives.

-MISC1-

RECLAMATION LAW; AMENDMENT OF OTHER LAWS

Section 8 of act July 30, 1947, ch. 382, 61 Stat. 630, provided

that this subchapter be deemed a supplement to the reclamation law

and that nothing in this subchapter be construed to amend

subchapter I of chapter 12A of this title.

-End-

-CITE-

43 USC SUBCHAPTER XXII - WASHOE PROJECT,

NEVADA-CALIFORNIA 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXII - WASHOE PROJECT, NEVADA-CALIFORNIA

-HEAD-

SUBCHAPTER XXII - WASHOE PROJECT, NEVADA-CALIFORNIA

-End-

-CITE-

43 USC Secs. 614 to 614d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXII - WASHOE PROJECT, NEVADA-CALIFORNIA

-HEAD-

Secs. 614 to 614d. Omitted

-COD-

CODIFICATION

Section 614, act Aug. 1, 1956, ch. 809, Sec. 1, 70 Stat. 775,

related to authorization for construction, operation, and

maintenance of Washoe project, which was revoked by Pub. L.

101-618, title II, Sec. 205(c), Nov. 16, 1990, 104 Stat. 3307.

Section 614a, act Aug. 1, 1956, ch. 809, Sec. 2, 70 Stat. 775,

related to applicability of reclamation laws to duties of Secretary

under this subchapter, repayment of construction costs, and

contracts for supplemental water supply.

Section 614b, act Aug. 1, 1956, ch. 809, Sec. 3, 70 Stat. 776,

related to facilities for access, public health and safety, and

protection of public property on lands of Washoe project.

Section 614c, act Aug. 1, 1956, ch. 809, Sec. 4, 70 Stat. 777,

related to facilities for development of fish and wildlife

resources on the project area.

Section 614d, acts Aug. 1, 1956, ch. 809, Sec. 5, 70 Stat. 777;

Aug. 21, 1958, Pub. L. 85-706, 72 Stat. 705, provided an

authorization for appropriations for the project.

-End-

-CITE-

43 USC SUBCHAPTER XXIII - WASHITA RIVER BASIN PROJECT,

OKLAHOMA 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXIII - WASHITA RIVER BASIN PROJECT, OKLAHOMA

-HEAD-

SUBCHAPTER XXIII - WASHITA RIVER BASIN PROJECT, OKLAHOMA

-End-

-CITE-

43 USC Secs. 615 to 615e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXIII - WASHITA RIVER BASIN PROJECT, OKLAHOMA

-HEAD-

Secs. 615 to 615e. Omitted

-COD-

CODIFICATION

Section 615, act Feb. 25, 1956, ch. 71, Sec. 1, 70 Stat. 28,

authorized construction, operation, and maintenance of Washita

River Basin Project, Oklahoma.

Section 615a, act Feb. 25, 1956, ch. 71, Sec. 2, 70 Stat. 28,

related to allocation of construction costs, adjustments, and

repayment of construction costs.

Section 615b, act Feb. 25, 1956, ch. 71, Sec. 3, 70 Stat. 30,

required construction in units or stages.

Section 615c, act Feb. 25, 1956, ch. 71, Sec. 4, 70 Stat. 30,

related to construction, operation, and maintenance of public parks

and recreational facilities on lands adjacent to Washita project.

Section 615d, act Feb. 25, 1956, ch. 71, Sec. 5, 70 Stat. 30,

related to expenditures for Foss and Fort Cobb Reservoirs.

Section 615e, act Feb. 25, 1956, ch. 71, Sec. 6, 70 Stat. 30,

related to authorization of appropriations for this project.

-MISC1-

FOSS RESERVOIR MASTER CONSERVANCY DISTRICT; FEASIBILITY STUDY;

REVISION OF REPAYMENT CONTRACT

Pub. L. 90-311, May 18, 1968, 82 Stat. 124, directed Secretary of

the Interior to conduct feasibility studies in areas serving Foss

Reservoir Master Conservancy District to determine alternative

water sources and methods of alleviating problems associated with

poor quality and supply of water stored in Foss Reservoir, provided

for assistance to Foss Reservoir Master Conservancy District in

developing an adequate interim water supply, and authorized

Secretary to use any available funds to carry out this Act.

-End-

-CITE-

43 USC SUBCHAPTER XXIV - CROOKED RIVER PROJECT, OREGON 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXIV - CROOKED RIVER PROJECT, OREGON

-HEAD-

SUBCHAPTER XXIV - CROOKED RIVER PROJECT, OREGON

-End-

-CITE-

43 USC Secs. 615f to 615j-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXIV - CROOKED RIVER PROJECT, OREGON

-HEAD-

Secs. 615f to 615j-1. Omitted

-COD-

CODIFICATION

Section 615f, acts Aug. 6, 1956, ch. 980, Sec. 1, 70 Stat. 1058;

Sept. 14, 1959, Pub. L. 86-271, Sec. 1, 73 Stat. 554; Sept. 18,

1964, Pub. L. 88-598, Sec. 1, 78 Stat. 954, authorized

construction, operation, and maintenance of the Crooked River

Project, Oregon.

Section 615f-1, Pub. L. 88-598, Sec. 3, Sept. 18, 1964, 78 Stat.

954, related to availability of supplemental power required for

irrigation water pumping.

Section 615g, act Aug. 6, 1956, ch. 980, Sec. 2, 70 Stat. 1058,

related to allocation of costs of construction, operation, and

maintenance of this project.

Section 615h, act Aug. 6, 1956, ch. 980, Sec. 3, 70 Stat. 1059,

related to construction, operation, and maintenance of public

recreation facilities in connection with this project.

Section 615i, act Aug. 6, 1956, ch. 980, Sec. 4, 70 Stat. 1059,

related to preservation and propagation of fish and wildlife in

connection with this project.

Section 615j, act Aug. 6, 1956, ch. 980, Sec. 5, 70 Stat. 1059,

authorized appropriations for this project.

Section 615j-1, Pub. L. 88-598, Sec. 2, Sept. 18, 1964, 78 Stat.

954, authorized appropriations for new works in project extension.

-End-

-CITE-

43 USC SUBCHAPTER XXV - LITTLE WOOD RIVER PROJECT, IDAHO 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXV - LITTLE WOOD RIVER PROJECT, IDAHO

-HEAD-

SUBCHAPTER XXV - LITTLE WOOD RIVER PROJECT, IDAHO

-End-

-CITE-

43 USC Secs. 615k to 615n 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXV - LITTLE WOOD RIVER PROJECT, IDAHO

-HEAD-

Secs. 615k to 615n. Omitted

-COD-

CODIFICATION

Section 615k, act Aug. 6, 1956, ch. 981, Sec. 1, 70 Stat. 1059,

authorized construction, operation, and maintenance of Little Wood

River Project, Idaho.

Section 615l, act Aug. 6, 1956, ch. 981, Sec. 2, 70 Stat. 1059,

related to construction, operation, and maintenance of public

recreational facilities in connection with this project.

Section 615m, act Aug. 6, 1956, ch. 981, Sec. 3, 70 Stat. 1059,

related to preservation of fish and wildlife in connection with

this project and the operation of this project in accordance with

water rights.

Section 615n, act Aug. 6, 1956, ch. 981, Sec. 4, 70 Stat. 1060,

related to authorization of appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XXVI - SAN ANGELO PROJECT, TEXAS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXVI - SAN ANGELO PROJECT, TEXAS

-HEAD-

SUBCHAPTER XXVI - SAN ANGELO PROJECT, TEXAS

-End-

-CITE-

43 USC Secs. 615o to 615r 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXVI - SAN ANGELO PROJECT, TEXAS

-HEAD-

Secs. 615o to 615r. Omitted

-COD-

CODIFICATION

Section 615o, Pub. L. 85-152, Sec. 1, Aug. 16, 1957, 71 Stat.

372; Pub. L. 103-434, title V, Sec. 501(a), Oct. 31, 1994, 108

Stat. 4538, authorized construction, operation, and maintenance of

San Angelo Project, Texas.

Section 615p, Pub. L. 85-152, Sec. 2, Aug. 16, 1957, 71 Stat.

372, related to contract provisions concerning construction,

operation, and maintenance of this project and to rates charged for

water supply.

Section 615q, Pub. L. 85-152, Sec. 3, Aug. 16, 1957, 71 Stat.

373, related to construction, operation, and maintenance of

recreational facilities at Twin Buttes Reservoir and to allocations

for flood control and preservation of fish and wildlife.

Section 615r, Pub. L. 85-152, Sec. 4, Aug. 16, 1957, 71 Stat.

374, authorized appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XXVII - SPOKANE VALLEY PROJECT,

WASHINGTON AND IDAHO 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXVII - SPOKANE VALLEY PROJECT, WASHINGTON AND IDAHO

-HEAD-

SUBCHAPTER XXVII - SPOKANE VALLEY PROJECT, WASHINGTON AND IDAHO

-End-

-CITE-

43 USC Secs. 615s to 615u 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXVII - SPOKANE VALLEY PROJECT, WASHINGTON AND IDAHO

-HEAD-

Secs. 615s to 615u. Omitted

-COD-

CODIFICATION

Section 615s, Pub. L. 86-276, Sec. 1, Sept. 16, 1959, 73 Stat.

561; Pub. L. 87-630, Sec. 1(a), Sept. 5, 1962, 76 Stat. 431,

authorized construction, operation, and maintenance of Spokane

Valley Project, Washington and Idaho.

Section 615t, Pub. L. 86-276, Sec. 2, Sept. 16, 1959, 73 Stat.

562; Pub. L. 87-630, Sec. 1(b), Sept. 5, 1962, 76 Stat. 431,

related to provisions concerning construction, operation, and

maintenance of this project.

Section 615u, Pub. L. 86-276, Sec. 3, Sept. 16, 1959, 73 Stat.

562; Pub. L. 87-630, Sec. 1(c), Sept. 5, 1962, 76 Stat. 431,

authorized appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XXVIII - DALLAS PROJECT, OREGON 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXVIII - DALLAS PROJECT, OREGON

-HEAD-

SUBCHAPTER XXVIII - DALLAS PROJECT, OREGON

-End-

-CITE-

43 USC Secs. 615v to 615x 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXVIII - DALLAS PROJECT, OREGON

-HEAD-

Secs. 615v to 615x. Omitted

-COD-

CODIFICATION

Section 615v, Pub. L. 86-745, Sec. 1, Sept. 13, 1960, 74 Stat.

882, authorized construction, operation, and maintenance of Dallas

Project, Oregon.

Section 615w, Pub. L. 86-745, Sec. 2, Sept. 13, 1960, 74 Stat.

882, related to provisions concerning construction, operation, and

maintenance of this project and to rates for power and energy.

Section 615x, Pub. L. 86-745, Sec. 3, Sept. 13, 1960, 74 Stat.

883, authorized appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XXIX - NORMAN PROJECT, OKLAHOMA 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXIX - NORMAN PROJECT, OKLAHOMA

-HEAD-

SUBCHAPTER XXIX - NORMAN PROJECT, OKLAHOMA

-End-

-CITE-

43 USC Secs. 615aa to 615hh 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXIX - NORMAN PROJECT, OKLAHOMA

-HEAD-

Secs. 615aa to 615hh. Omitted

-COD-

CODIFICATION

Section 615aa, Pub. L. 86-529, Sec. 1, June 27, 1960, 74 Stat.

225, authorized construction, operation, and maintenance of Norman

Project, Oklahoma and provided for contracts and advances.

Section 615bb, Pub. L. 86-529, Sec. 2, June 27, 1960, 74 Stat.

225, related to allocation of costs for this project.

Section 615cc, Pub. L. 86-529, Sec. 3, June 27, 1960, 74 Stat.

226, related to contracts with water users' organization.

Section 615dd, Pub. L. 86-529, Sec. 4, June 27, 1960, 74 Stat.

226, related to transfer of care, operation, and maintenance of

this project to water users' organization.

Section 615ee, Pub. L. 86-529, Sec. 5, June 27, 1960, 74 Stat.

226, related to construction of the project in units or stages.

Section 615ff, Pub. L. 86-529, Sec. 6, June 27, 1960, 74 Stat.

226, related to construction of public parks and recreational

facilities on lands adjacent to reservoirs of this project.

Section 615gg, Pub. L. 86-529, Sec. 7, June 27, 1960, 74 Stat.

226, related to expenditures for Norman Reservoir.

Section 615hh, Pub. L. 86-529, Sec. 8, June 27, 1960, 74 Stat.

226, authorized appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XXX - NAVAJO IRRIGATION PROJECT, NEW

MEXICO; SAN JUAN-CHAMA PROJECT, COLORADO-NEW

MEXICO 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXX - NAVAJO IRRIGATION PROJECT, NEW MEXICO; SAN

JUAN-CHAMA PROJECT, COLORADO-NEW MEXICO

-HEAD-

SUBCHAPTER XXX - NAVAJO IRRIGATION PROJECT, NEW MEXICO; SAN

JUAN-CHAMA PROJECT, COLORADO-NEW MEXICO

-End-

-CITE-

43 USC Secs. 615ii to 615zz 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXX - NAVAJO IRRIGATION PROJECT, NEW MEXICO; SAN

JUAN-CHAMA PROJECT, COLORADO-NEW MEXICO

-HEAD-

Secs. 615ii to 615zz. Omitted

-COD-

CODIFICATION

Section 615ii, Pub. L. 87-483, Sec. 1, June 13, 1962, 76 Stat.

96, related to Congressional declaration of policy.

Section 615jj, Pub. L. 87-483, Sec. 2, June 13, 1962, 76 Stat.

96, authorized construction, operation, and maintenance of Navajo

Indian irrigation project.

Section 615kk, Pub. L. 87-483, Sec. 3, June 13, 1962, 76 Stat.

96; Pub. L. 91-416, Sec. 1(a), (c), Sept. 25, 1970, 84 Stat. 867,

related to lands to be used as part of Navajo Indian irrigation

project.

Section 615ll, Pub. L. 87-483, Sec. 4, June 13, 1962, 76 Stat.

97, related to contractual assurance of repayment of costs and

interest for construction of additional capacity in developing

Navajo Indian irrigation project.

Section 615mm, Pub. L. 87-483, Sec. 5, June 13, 1962, 76 Stat.

97, related to payment of operation and maintenance charges of

Navajo Indian irrigation project and to transfers of project works

and title to property.

Section 615nn, Pub. L. 87-483, Sec. 6, June 13, 1962, 76 Stat.

97, related to restriction on delivery of water from Navajo Indian

irrigation project for production of excessive basic commodities.

Section 615oo, Pub. L. 87-483, Sec. 7, June 13, 1962, 76 Stat.

97; Pub. L. 91-416, Sec. 1(b), Sept. 25, 1970, 84 Stat. 867,

authorized appropriations for Navajo Indian irrigation project.

Section 615pp, Pub. L. 87-483, Sec. 8, June 13, 1962, 76 Stat.

97, authorized construction, operation, and maintenance of initial

stage of San Juan-Chama Project, Colorado-New Mexico.

Section 615qq, Pub. L. 87-483, Sec. 9, June 13, 1962, 76 Stat.

99, related to restriction on delivery of water from San Juan-Chama

project for production of excessive basic commodities.

Section 615rr, Pub. L. 87-483, Sec. 10, June 13, 1962, 76 Stat.

99, authorized appropriations for San Juan-Chama project.

Section 615ss, Pub. L. 87-483, Sec. 11, June 13, 1962, 76 Stat.

99, provided that waters of Navajo Reservoir, San Juan River and

tributary waters be used only pursuant to contract.

Section 615tt, Pub. L. 87-483, Sec. 12, June 13, 1962, 76 Stat.

100, related to water use rights of New Mexico and Arizona.

Section 615uu, Pub. L. 87-483, Sec. 13, June 13, 1962, 76 Stat.

101, provided use of water through works constructed pursuant to

sections 615ii to 615yy of this title be subject to Colorado River

compact, Upper Colorado River Basin compact, Boulder Canyon Project

Act (43 U.S.C. 617 et seq.), Boulder Canyon Project Adjustment Act

(43 U.S.C. 618 et seq.), Colorado River Storage Project Act (43

U.S.C. 620 et seq.), and Mexican Water Treaty (Treaty Series 994).

Section 615vv, Pub. L. 87-483, Sec. 14, June 13, 1962, 76 Stat.

101, required compliance with above-mentioned compacts, laws, and

treaties and provided for enforcement and consent to suit.

Section 615ww, Pub. L. 87-483, Sec. 15, June 13, 1962, 76 Stat.

102, related to studies of quality of water of Colorado River

system and reports to Congress on results of these studies.

Section 615xx, Pub. L. 87-483, Sec. 16, June 13, 1962, 76 Stat.

102, related to compact obligations of "States of the upper

division" concerning flow depletion at Lee Ferry and the Mexican

treaty obligation.

Section 615yy, Pub. L. 87-483, Sec. 17, June 13, 1962, 76 Stat.

102, related to determination of appropriations.

Section 615zz, Pub. L. 91-416, Sec. 2, Sept. 25, 1970, 84 Stat.

867, related to water quality standards of the Navajo Indian

irrigation project.

-End-

-CITE-

43 USC SUBCHAPTER XXXI - CLOSED BASIN DIVISION; SAN LUIS

VALLEY PROJECT, COLORADO 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXI - CLOSED BASIN DIVISION; SAN LUIS VALLEY PROJECT,

COLORADO

-HEAD-

SUBCHAPTER XXXI - CLOSED BASIN DIVISION; SAN LUIS VALLEY PROJECT,

COLORADO

-End-

-CITE-

43 USC Secs. 615aaa to 615iii 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXI - CLOSED BASIN DIVISION; SAN LUIS VALLEY PROJECT,

COLORADO

-HEAD-

Secs. 615aaa to 615iii. Omitted

-COD-

CODIFICATION

Section 615aaa, Pub. L. 92-514, title I, Sec. 101, Oct. 20, 1972,

86 Stat. 964; Pub. L. 96-375, Sec. 6(a), Oct. 3, 1975, 94 Stat.

1507; Pub. L. 98-570, Sec. 1(1), (2), Oct. 30, 1984, 98 Stat. 2941;

Pub. L. 100-516, Sec. 22(1), (2), Oct. 24, 1988, 102 Stat. 2575,

authorized construction, operation, and maintenance of the Closed

Basin division, San Luis Valley project, Colorado, established

Russell Lakes Waterfowl Management Area, and provided a water

supply for Blanca Wildlife Habitat Area and Alamosa National

Wildlife Refuge.

Section 615bbb, Pub. L. 92-514, title I, Sec. 102, Oct. 20, 1972,

86 Stat. 964; Pub. L. 96-375, Sec. 6(b), Oct. 3, 1975, 94 Stat.

1507; Pub. L. 100-516, Sec. 22(3), (4), Oct. 24, 1988, 102 Stat.

2575, related to a control system to identify fluctuations in the

water table.

Section 615ccc, Pub. L. 92-514, title I, Sec. 103, Oct. 20, 1972,

86 Stat. 965, established an operating committee.

Section 615ddd, Pub. L. 92-514, title I, Sec. 104, Oct. 20, 1972,

86 Stat. 965; Pub. L. 98-570, Sec. 1(3), Oct. 30, 1984, 98 Stat.

2941; Pub. L. 100-516, Sec. 22(5), (6), Oct. 24, 1988, 102 Stat.

2575, 2576, related to costs and priority of water availability.

Section 615eee, Pub. L. 92-514, title I, Sec. 105, Oct. 20, 1972,

86 Stat. 965; Pub. L. 98-570, Sec. 1(4), (5), Oct. 30, 1984, 98

Stat. 2942, related to easements and rights-of-way.

Section 615fff, Pub. L. 92-514, title I, Sec. 106, Oct. 20, 1972,

86 Stat. 966, related to conservation and development of fish and

wildlife resources and the enhancement of recreational

opportunities in connection with this project.

Section 615ggg, Pub. L. 92-514, title I, Sec. 107, Oct. 20, 1972,

86 Stat. 966, provided for transfer of responsibility for care,

operation and maintenance of project works to State of Colorado, or

political subdivision thereof, or to a water users' organization.

Section 615hhh, Pub. L. 92-514, title I, Sec. 108, Oct. 20, 1972,

86 Stat. 966, provided that nothing in Pub. L. 92-514, enacted

sections 615aaa to 615jjjj of this title, be deemed to amend,

modify, or conflict with any existing provisions.

Section 615iii, Pub. L. 92-514, title I, Sec. 109, Oct. 20, 1972,

86 Stat. 966; Pub. L. 96-375, Sec. 6(c), Oct. 3, 1975, 94 Stat.

1507; Pub. L. 100-516, Sec. 22(7), Oct. 24, 1988, 102 Stat. 2576,

authorized appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XXXII - BRANTLEY PROJECT, PECOS RIVER

BASIN, NEW MEXICO 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXII - BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO

-HEAD-

SUBCHAPTER XXXII - BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO

-End-

-CITE-

43 USC Secs. 615jjj to 615ooo 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXII - BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO

-HEAD-

Secs. 615jjj to 615ooo. Omitted

-COD-

CODIFICATION

Section 615jjj, Pub. L. 92-514, title II, Sec. 201, Oct. 20,

1972, 86 Stat. 966, authorized construction, operation, and

maintenance of Brantley project, Pecos River Basin, New Mexico.

Section 615kkk, Pub. L. 92-514, title II, Sec. 202, Oct. 20,

1972, 86 Stat. 966, related to conservation and development of fish

and wildlife resources and the enhancement of recreational

opportunities in connection with this project.

Section 615lll, Pub. L. 92-514, title II, Sec. 203, Oct. 20,

1972, 86 Stat. 967, provided that nothing in Pub. L. 92-514,

enacting sections 615aaa to 615jjjj of this title, amend, repeal,

or modify the Pecos River Compact, 1948.

Section 615mmm, Pub. L. 92-514, title II, Sec. 204, Oct. 20,

1972, 86 Stat. 967, related to repayment of costs for flood

control, dam safety, recreation, and fish and wildlife enhancement.

Section 615nnn, Pub. L. 92-514, title II, Sec. 205, Oct. 20,

1972, 86 Stat. 967, related to interest rates.

Section 615ooo, Pub. L. 92-514, title II, Sec. 206, Oct. 20,

1972, 86 Stat. 967; Pub. L. 96-375, Sec. 11, Oct. 3, 1975, 94 Stat.

1507, authorized appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XXXIII - SALMON FALLS DIVISION, UPPER

SNAKE RIVER PROJECT, IDAHO 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXIII - SALMON FALLS DIVISION, UPPER SNAKE RIVER

PROJECT, IDAHO

-HEAD-

SUBCHAPTER XXXIII - SALMON FALLS DIVISION, UPPER SNAKE RIVER

PROJECT, IDAHO

-End-

-CITE-

43 USC Secs. 615ppp to 615www 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXIII - SALMON FALLS DIVISION, UPPER SNAKE RIVER

PROJECT, IDAHO

-HEAD-

Secs. 615ppp to 615www. Omitted

-COD-

CODIFICATION

Section 615ppp, Pub. L. 92-514, title III, Sec. 301, Oct. 20,

1972, 86 Stat. 967, authorized construction, operation, and

maintenance of Salmon Falls division, Upper Snake River project,

Idaho.

Section 615qqq, Pub. L. 92-514, title III, Sec. 302, Oct. 20,

1972, 86 Stat. 967, related to water exchanges.

Section 615rrr, Pub. L. 92-514, title III, Sec. 303, Oct. 20,

1972, 86 Stat. 968, related to irrigation repayment contracts.

Section 615sss, Pub. L. 92-514, title III, Sec. 304, Oct. 20,

1972, 86 Stat. 968, related to fish and wildlife benefits.

Section 615ttt, Pub. L. 92-514, title III, Sec. 305, Oct. 20,

1972, 86 Stat. 968, related to availability of irrigation water

pumping power.

Section 615uuu, Pub. L. 92-514, title III, Sec. 306, Oct. 20,

1972, 86 Stat. 968, related to interest rates.

Section 615vvv, Pub. L. 92-514, title III, Sec. 307, Oct. 20,

1972, 86 Stat. 968, related to newly irrigated lands.

Section 615www, Pub. L. 92-514, title III, Sec. 308, Oct. 20,

1972, 86 Stat. 968, authorized appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XXXIV - O'NEILL UNIT, PICK-SLOAN

MISSOURI BASIN PROGRAM, NEBRASKA 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXIV - O'NEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM,

NEBRASKA

-HEAD-

SUBCHAPTER XXXIV - O'NEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM,

NEBRASKA

-End-

-CITE-

43 USC Secs. 615xxx to 615cccc 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXIV - O'NEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM,

NEBRASKA

-HEAD-

Secs. 615xxx to 615cccc. Omitted

-COD-

CODIFICATION

Section 615xxx, Pub. L. 92-514, title IV, Sec. 401, Oct. 20,

1972, 86 Stat. 968, authorized construction, operation, and

maintenance of O'Neill unit, Pick-Sloan Missouri Basin program,

Nebraska.

Section 615yyy, Pub. L. 92-514, title IV, Sec. 402, Oct. 20,

1972, 86 Stat. 969, related to conservation and development of fish

and wildlife and enhancement of recreational opportunities in

connection with this unit.

Section 615zzz, Pub. L. 92-514, title IV, Sec. 403, Oct. 20,

1972, 86 Stat. 969, related to integration of this unit with other

Federal works.

Section 615aaaa, Pub. L. 92-514, title IV, Sec. 404, Oct. 20,

1972, 86 Stat. 969, related to interest rates.

Section 615bbbb, Pub. L. 92-514, title IV, Sec. 405, Oct. 20,

1972, 86 Stat. 969, related to newly irrigated lands.

Section 615cccc, Pub. L. 92-514, title IV, Sec. 406, Oct. 20,

1972, 86 Stat. 969, authorized appropriations for this unit.

-End-

-CITE-

43 USC SUBCHAPTER XXXV - NORTH LOUP DIVISION, PICK-SLOAN

MISSOURI BASIN PROGRAM, NEBRASKA 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXV - NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN

PROGRAM, NEBRASKA

-HEAD-

SUBCHAPTER XXXV - NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN

PROGRAM, NEBRASKA

-End-

-CITE-

43 USC Secs. 615dddd to 615jjjj 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXV - NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN

PROGRAM, NEBRASKA

-HEAD-

Secs. 615dddd to 615jjjj. Omitted

-COD-

CODIFICATION

Section 615dddd, Pub. L. 92-514, title V, Sec. 501, Oct. 20,

1972, 86 Stat. 969, authorized North Loup division, Pick-Sloan

Missouri Basin program, Nebraska, and described principal features

of this division.

Section 615eeee, Pub. L. 92-514, title V, Sec. 502, Oct. 20,

1972, 86 Stat. 969, related to interest rates.

Section 615ffff, Pub. L. 92-514, title V, Sec. 503, Oct. 20,

1972, 86 Stat. 970, related to conservation and development of fish

and wildlife and enhancement of recreational opportunities in

connection with this division.

Section 615gggg, Pub. L. 92-514, title V, Sec. 504, Oct. 20,

1972, 86 Stat. 970, related to integration of this division with

other Federal works.

Section 615hhhh, Pub. L. 92-514, title V, Sec. 505, Oct. 20,

1972, 86 Stat. 970, related to limitations on diversion of waters.

Section 615iiii, Pub. L. 92-514, title V, Sec. 506, Oct. 20,

1972, 86 Stat. 970, related to newly irrigated lands.

Section 615jjjj, Pub. L. 92-514, title V, Sec. 507, Oct. 20,

1972, 86 Stat. 970, authorized appropriations for this division.

-MISC1-

VIRGINIA SMITH DAM AND CALAMUS LAKE RECREATION AREA

Pub. L. 101-359, Aug. 10, 1990, 104 Stat. 420, redesignated the

Calamus Dam and Reservoir in the North Loup division of the

Missouri River basin project as the Virginia Smith Dam and Calamus

Lake Recreation Area, effective Jan. 3, 1991.

-End-

-CITE-

43 USC SUBCHAPTER XXXVI - POLECAT BENCH AREA, SHOSHONE

EXTENSIONS UNIT, PICK-SLOAN MISSOURI BASIN

PROGRAM, WYOMING 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXVI - POLECAT BENCH AREA, SHOSHONE EXTENSIONS UNIT,

PICK-SLOAN MISSOURI BASIN PROGRAM, WYOMING

-HEAD-

SUBCHAPTER XXXVI - POLECAT BENCH AREA, SHOSHONE EXTENSIONS UNIT,

PICK-SLOAN MISSOURI BASIN PROGRAM, WYOMING

-End-

-CITE-

43 USC Secs. 615kkkk to 615kkkk-6 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXVI - POLECAT BENCH AREA, SHOSHONE EXTENSIONS UNIT,

PICK-SLOAN MISSOURI BASIN PROGRAM, WYOMING

-HEAD-

Secs. 615kkkk to 615kkkk-6. Omitted

-COD-

CODIFICATION

Section 615kkkk, Pub. L. 94-228, title I, Sec. 101, Mar. 11,

1976, 90 Stat. 205, authorized construction, operation, and

maintenance of Polecat Bench area, Shoshone extensions unit,

Pick-Sloan Missouri Basin program, Wyoming, and described principal

features of this area.

Section 615kkkk-1, Pub. L. 94-228, title I, Sec. 102, Mar. 11,

1976, 90 Stat. 205, related to conservation and development of fish

and wildlife and enhancement of recreation opportunities in

connection with this area.

Section 615kkkk-2, Pub. L. 94-228, title I, Sec. 103, Mar. 11,

1976, 90 Stat. 205, related to integration of this area with other

Federal works.

Section 615kkkk-3, Pub. L. 94-228, title I, Sec. 104, Mar. 11,

1976, 90 Stat. 206, related to lands held in single ownership.

Section 615kkkk-4, Pub. L. 94-228, title I, Sec. 105, Mar. 11,

1976, 90 Stat. 206, related to newly irrigated lands.

Section 615kkkk-5, Pub. L. 94-228, title I, Sec. 106, Mar. 11,

1976, 90 Stat. 206, related to interest rates.

Section 615kkkk-6, Pub. L. 94-228, title I, Sec. 107, Mar. 11,

1976, 90 Stat. 206, authorized appropriations for this area.

-End-

-CITE-

43 USC SUBCHAPTER XXXVII - POLLOCK-HERREID UNIT,

PICK-SLOAN MISSOURI BASIN PROGRAM, SOUTH

DAKOTA 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXVII - POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN

PROGRAM, SOUTH DAKOTA

-HEAD-

SUBCHAPTER XXXVII - POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN

PROGRAM, SOUTH DAKOTA

-End-

-CITE-

43 USC Secs. 615llll to 615llll-5 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXVII - POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN

PROGRAM, SOUTH DAKOTA

-HEAD-

Secs. 615llll to 615llll-5. Omitted

-COD-

CODIFICATION

Section 615llll, Pub. L. 94-228, title IV, Sec. 401, Mar. 11,

1976, 90 Stat. 208, authorized construction, operation, and

maintenance of Pollock-Herreid Unit, Pick-Sloan Missouri Basin

program, South Dakota, and described the principal features of this

unit.

Section 615llll-1, Pub. L. 94-228, title IV, Sec. 402, Mar. 11,

1976, 90 Stat. 208, related to conservation and development of fish

and wildlife.

Section 615llll-2, Pub. L. 94-228, title IV, Sec. 403, Mar. 11,

1976, 90 Stat. 208, related to integration of this unit with other

Federal works.

Section 615llll-3, Pub. L. 94-228, title IV, Sec. 404, Mar. 11,

1976, 90 Stat. 208, related to newly irrigated lands.

Section 615llll-4, Pub. L. 94-228, title IV, Sec. 405, Mar. 11,

1976, 90 Stat. 208, related to interest rates.

Section 615llll-5, Pub. L. 94-228, title IV, Sec. 406, Mar. 11,

1976, 90 Stat. 208, related to lands held in single ownership.

-End-

-CITE-

43 USC Sec. 615llll-6 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXVII - POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN

PROGRAM, SOUTH DAKOTA

-HEAD-

Sec. 615llll-6. Repealed. Pub. L. 100-516, Sec. 12(a), Oct. 24,

1988, 102 Stat. 2572

-MISC1-

Section, Pub. L. 94-228, title IV, Sec. 407, Mar. 11, 1976, 90

Stat. 209, authorized appropriations for Pollock-Herreid Unit.

Section 12(a) of Pub. L. 100-516 provided in part that: "The

Pollock-Herreid Unit shall remain an authorized feature of the

Pick-Sloan Missouri Basin Program."

-End-

-CITE-

43 USC SUBCHAPTER XXXVIII - FRYINGPAN-ARKANSAS PROJECT,

COLORADO 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXVIII - FRYINGPAN-ARKANSAS PROJECT, COLORADO

-HEAD-

SUBCHAPTER XXXVIII - FRYINGPAN-ARKANSAS PROJECT, COLORADO

-End-

-CITE-

43 USC Secs. 616 to 616f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXVIII - FRYINGPAN-ARKANSAS PROJECT, COLORADO

-HEAD-

Secs. 616 to 616f. Omitted

-COD-

CODIFICATION

Section 616, Pub. L. 87-590, Sec. 1, Aug. 16, 1962, 76 Stat. 389,

authorized construction, operation, and maintenance of

Fryingpan-Arkansas project, Colorado.

Section 616a, Pub. L. 87-590, Sec. 2, Aug. 16, 1962, 76 Stat.

390, related to repayment of projects costs and determination of

interest rates.

Section 616b, Pub. L. 87-590, Sec. 3, Aug. 16, 1962, 76 Stat.

391, related to operation of this project and protection of rights

of western Colorado water users.

Section 616c, Pub. L. 87-590, Sec. 4, Aug. 16, 1962, 76 Stat.

391; Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90

Stat. 2792, related to construction, operation, and maintenance of

public recreation facilities on lands within this project and

conservation and development of fish and wildlife.

Section 616d, Pub. L. 87-590, Sec. 5, Aug. 16, 1962, 76 Stat.

392, provided use of water through works constructed pursuant to

sections 616 to 616f of this title be subject to Colorado River

compact, Upper Colorado River Basin compact, Boulder Canyon Project

Act (43 U.S.C. 617 et seq.), Boulder Canton Project Adjustment Act

(43 U.S.C. 618 et seq.), Colorado River Storage Project Act (43

U.S.C. 620 et seq.), and Mexican Water Treaty (Treaty Series 994)

and for enforcement of compliance with these compacts, statutes and

treaty.

Section 616e, Pub. L. 87-590, Sec. 6, Aug. 16, 1962, 76 Stat.

393, related to studies of quality of waters of Colorado River

system and reports to Congress on results of these studies.

Section 616f, Pub. L. 87-590, Sec. 7, Aug. 16, 1962, 76 Stat.

393; Pub. L. 93-493, title XI, Sec. 1101, Oct. 27, 1974, 88 Stat.

1497, authorized appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XXXIX - MANN CREEK PROJECT, IDAHO 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXIX - MANN CREEK PROJECT, IDAHO

-HEAD-

SUBCHAPTER XXXIX - MANN CREEK PROJECT, IDAHO

-End-

-CITE-

43 USC Secs. 616g to 616j 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XXXIX - MANN CREEK PROJECT, IDAHO

-HEAD-

Secs. 616g to 616j. Omitted

-COD-

CODIFICATION

Section 616g, Pub. L. 87-589, Sec. 1, Aug. 16, 1962, 76 Stat.

388, authorized construction, operation, and maintenance of Mann

Creek project, Idaho.

Section 616h, Pub. L. 87-589, Sec. 2, Aug. 16, 1962, 76 Stat.

388, related to repayment of construction costs and to costs

allocated to irrigation.

Section 616i, Pub. L. 87-589, Sec. 3, Aug. 16, 1962, 76 Stat.

389, related to construction, operation, and maintenance of public

recreational facilities and conservation and development of fish

and wildlife in connection with this project.

Section 616j, Pub. L. 87-589, Sec. 4, Aug. 16, 1962, 76 Stat.

389; Pub. L. 89-60, June 30, 1965, 79 Stat. 207, authorized

appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XL - ARBUCKLE PROJECT, OKLAHOMA 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XL - ARBUCKLE PROJECT, OKLAHOMA

-HEAD-

SUBCHAPTER XL - ARBUCKLE PROJECT, OKLAHOMA

-End-

-CITE-

43 USC Secs. 616k to 616s 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XL - ARBUCKLE PROJECT, OKLAHOMA

-HEAD-

Secs. 616k to 616s. Omitted

-COD-

CODIFICATION

Section 616k, Pub. L. 87-594, Sec. 1, Aug. 24, 1962, 76 Stat.

395, authorized construction, operation, and maintenance of

Arbuckle project, Oklahoma.

Section 616l, Pub. L. 87-594, Sec. 2, Aug. 24, 1962, 76 Stat.

395, related to allocation of costs of construction, operation, and

maintenance of this project.

Section 616m, Pub. L. 87-594, Sec. 3, Aug. 24, 1962, 76 Stat.

396, related to contracts with water users' organization.

Section 616n, Pub. L. 87-594, Sec. 4, Aug. 24, 1962, 76 Stat.

396, related to transfer of care, operation, and maintenance of

this project to water users' organization.

Section 616o, Pub. L. 87-594, Sec. 5, Aug. 24, 1962, 76 Stat.

397, related to construction of this project in stages or units.

Section 616p, Pub. L. 87-594, Sec. 6, Aug. 24, 1962, 76 Stat.

397, related to construction, operation, and maintenance of

recreational facilities in connection with this project.

Section 616q, Pub. L. 87-594, Sec. 7, Aug. 24, 1962, 76 Stat.

397, related to conservation and development of fish and wildlife

in connection with this project.

Section 616r, Pub. L. 87-594, Sec. 8, Aug. 24, 1962, 76 Stat.

397, related to expenditures for the reservoir and aqueduct system.

Section 616s, Pub. L. 87-594, Sec. 9, Aug. 24, 1962, 76 Stat.

397, authorized appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XLI - BAKER PROJECT, OREGON 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLI - BAKER PROJECT, OREGON

-HEAD-

SUBCHAPTER XLI - BAKER PROJECT, OREGON

-End-

-CITE-

43 USC Secs. 616t to 616w 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLI - BAKER PROJECT, OREGON

-HEAD-

Secs. 616t to 616w. Omitted

-COD-

CODIFICATION

Section 616t, Pub. L. 87-706, Sec. 1, Sept. 27, 1962, 76 Stat.

634, authorized construction, operation, and maintenance of Baker

project, Oregon.

Section 616u, Pub. L. 87-706, Sec. 2, Sept. 27, 1962, 76 Stat.

634, related to extension of period of repayment of construction

costs, excess lands and conditions for furnishing water to these

lands, and computation of acreage.

Section 616v, Pub. L. 87-706, Sec. 3, Sept. 27, 1962, 76 Stat.

634, related to construction, operation, and maintenance of public

recreational facilities and development of fish and wildlife in

connection with this project and operation of this project for

flood control.

Section 616w, Pub. L. 87-706, Sec. 4, Sept. 27, 1962, 76 Stat.

635, authorized appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XLII - DIXIE PROJECT, UTAH 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLII - DIXIE PROJECT, UTAH

-HEAD-

SUBCHAPTER XLII - DIXIE PROJECT, UTAH

-End-

-CITE-

43 USC Secs. 616aa to 616hh 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLII - DIXIE PROJECT, UTAH

-HEAD-

Secs. 616aa to 616hh. Omitted

-COD-

CODIFICATION

Section 616aa, Pub. L. 88-565, Sec. 1, Sept. 2, 1964, 78 Stat.

848, authorized construction, operation, and maintenance of Dixie

project, Utah, and described the principal features of this

project.

Section 616aa-1, Pub. L. 90-537, title III, Sec. 307, Sept. 30,

1968, 82 Stat. 893, reauthorized this project for construction and

provided for integration and participation of this project in Lower

Colorado River Basin Development Fund.

Section 616bb, Pub. L. 88-565, Sec. 2, Sept. 2, 1964, 78 Stat.

848, related to protection of downstream water users against

impairment of water quality from operations of this project and to

indemnification.

Section 616cc, Pub. L. 88-565, Sec. 3, Sept. 2, 1964, 78 Stat.

848, related to laws governing this project.

Section 616dd, Pub. L. 88-565, Sec. 4, Sept. 2, 1964, 78 Stat.

848, related to establishment of a conservancy district or similar

organization prior to construction of this project.

Section 616ee, Pub. L. 88-565, Sec. 5, Sept. 2, 1964, 78 Stat.

848, related to interest rate, repayment of construction costs and

period for repayment.

Section 616ff, Pub. L. 88-565, Sec. 6, Sept. 2, 1964, 78 Stat.

849, related to construction, operation, and maintenance of

recreational facilities in connection with this project.

Section 616gg, Pub. L. 88-565, Sec. 7, Sept. 2, 1964, 78 Stat.

849, provided that use of water diverted for this project from

Colorado river system be subject to Colorado River compact, Boulder

Canyon Project Act (43 U.S.C. 617 et seq.), and Mexican Water

Treaty (Treaty Series 994).

Section 616hh, Pub. L. 88-565, Sec. 8, Sept. 2, 1964, 78 Stat.

849; Pub. L. 90-537, title III, Sec. 307, Sept. 30, 1968, 82 Stat.

893, authorized appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XLIII - SAVERY-POT HOOK PROJECT,

COLORADO-WYOMING; BOSTWICK PARK AND FRUITLAND

MESA PROJECTS, COLORADO 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLIII - SAVERY-POT HOOK PROJECT, COLORADO-WYOMING;

BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLORADO

-HEAD-

SUBCHAPTER XLIII - SAVERY-POT HOOK PROJECT, COLORADO-WYOMING;

BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLORADO

-End-

-CITE-

43 USC Secs. 616ii to 616mm 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLIII - SAVERY-POT HOOK PROJECT, COLORADO-WYOMING;

BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLORADO

-HEAD-

Secs. 616ii to 616mm. Omitted

-COD-

CODIFICATION

Section 616ii, Pub. L. 88-568, Sec. 2, Sept. 2, 1964, 78 Stat.

852, authorized construction and operation of Savery-Pot Hook

project, Colorado-Wyoming, and Bostwick Park and Fruitland Mesa

projects, Colorado.

Section 616jj, Pub. L. 88-568, Sec. 3, Sept. 2, 1964, 78 Stat.

852, provided that provisions of act Aug. 28, 1958 (72 Stat. 963),

relating to Seedskadee project in Wyoming are applicable to these

projects and set an acreage limitation for lands held in single

ownership for reception of project water.

Section 616kk, Pub. L. 88-568, Sec. 4, Sept. 2, 1964, 78 Stat.

852, related to recreational and fish and wildlife facilities and

transfer of lands to be administered by Secretary of Agriculture as

a national forest.

Section 616ll, Pub. L. 88-568, Sec. 5, Sept. 2, 1964, 78 Stat.

853, related to restriction on delivery of water for production of

excessive basic commodities.

Section 616mm, Pub. L. 88-568, Sec. 1, Sept. 2, 1964, 78 Stat.

852, authorized appropriations for these projects.

-End-

-CITE-

43 USC SUBCHAPTER XLIV - LOWER TETON DIVISION OF TETON

BASIN PROJECT, IDAHO 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLIV - LOWER TETON DIVISION OF TETON BASIN PROJECT, IDAHO

-HEAD-

SUBCHAPTER XLIV - LOWER TETON DIVISION OF TETON BASIN PROJECT,

IDAHO

-End-

-CITE-

43 USC Secs. 616nn to 616rr 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLIV - LOWER TETON DIVISION OF TETON BASIN PROJECT, IDAHO

-HEAD-

Secs. 616nn to 616rr. Omitted

-COD-

CODIFICATION

Section 616nn, Pub. L. 88-583, Sec. 1, Sept. 7, 1964, 78 Stat.

925, authorized construction, operation, and maintenance of Lower

Teton Division of Teton Basin project.

Section 616oo, Pub. L. 88-583, Sec. 2, Sept. 7, 1964, 78 Stat.

925, related to extension of period of repayment of construction

costs.

Section 616pp, Pub. L. 88-583, Sec. 3, Sept. 7, 1964, 78 Stat.

925, authorized construction, operation, and maintenance of public

recreation facilities in connection with this project.

Section 616qq, Pub. L. 88-583, Sec. 4, Sept. 7, 1964, 78 Stat.

926; Pub. L. 96-470, Sec. 108(d), Oct. 19, 1980, 94 Stat. 2239,

related to water users contracts and conditions to be met prior to

construction of facilities.

Section 616rr, Pub. L. 88-583, Sec. 5, Sept. 7, 1964, 78 Stat.

926, authorized appropriations for this division.

-End-

-CITE-

43 USC SUBCHAPTER XLV - WHITESTONE COULEE UNIT, CHIEF

JOSEPH DAM PROJECT, WASHINGTON 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLV - WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT,

WASHINGTON

-HEAD-

SUBCHAPTER XLV - WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT,

WASHINGTON

-End-

-CITE-

43 USC Secs. 616ss to 616vv-5 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLV - WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT,

WASHINGTON

-HEAD-

Secs. 616ss to 616vv-5. Omitted

-COD-

CODIFICATION

Section 616ss, Pub. L. 88-599, Sec. 1, Sept. 18, 1964, 78 Stat.

955, authorized construction, operation, and maintenance of

Whitestone Coulee unit of Okanogan-Similkameen division of Chief

Joseph Dam project, Washington.

Section 616tt, Pub. L. 88-599, Sec. 2, Sept. 18, 1964, 78 Stat.

955, provided that section 2 of the act July 27, 1954 (68 Stat.

568, 569) apply to this unit.

Section 616uu, Pub. L. 88-599, Sec. 3, Sept. 18, 1964, 78 Stat.

955, authorized construction, operation, and maintenance of

recreational facilities in connection with this unit and allocated

costs for conservation of fish and wildlife.

Section 616vv, Pub. L. 88-599, Sec. 4, Sept. 18, 1964, 78 Stat.

956, authorized appropriations for this unit.

Section 616vv-1, Pub. L. 89-557, Sec. 1, Sept. 7, 1966, 80 Stat.

704, authorized construction, operation, and maintenance of Manson

unit, Chelan division, Chief Joseph Dam project, Washington.

Section 616vv-2, Pub. L. 89-557, Sec. 2, Sept. 7, 1966, 80 Stat.

704, related to irrigation repayment contracts and period for

repayment and charges for power and energy for irrigation water

pumping.

Section 616vv-3, Pub. L. 89-557, Sec. 3, Sept. 7, 1966, 80 Stat.

704, related to conservation and development of fish and wildlife

and enhancement of recreational facilities in connection with this

unit.

Section 616vv-4, Pub. L. 89-557, Sec. 4, Sept. 7, 1966, 80 Stat.

704, related to restriction on delivery of water for production of

excessive basic commodities.

Section 616vv-5, Pub. L. 89-557, Sec. 5, Sept. 7, 1966, 80 Stat.

705, authorized appropriations for this unit.

-End-

-CITE-

43 USC SUBCHAPTER XLVI - McKAY DAM AND RESERVOIR,

UMATILLA PROJECT, OREGON 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLVI - McKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON

-HEAD-

SUBCHAPTER XLVI - MCKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON

-End-

-CITE-

43 USC Secs. 616ww to 616ww-5 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLVI - McKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON

-HEAD-

Secs. 616ww to 616ww-5. Omitted

-COD-

CODIFICATION

Section 616ww, Pub. L. 94-228, title III, Sec. 301, Mar. 11,

1976, 90 Stat. 207, authorized construction of McKay Dam and

Reservoir, Umatilla project, Oregon, and provided for allocation of

costs.

Section 616ww-1, Pub. L. 94-228, title III, Sec. 302, Mar. 11,

1976, 90 Stat. 207, authorized modifications to spillway structure

of McKay Dam.

Section 616ww-2, Pub. L. 94-228, title III, Sec. 303, Mar. 11,

1976, 90 Stat. 207, related to maximum storage capacity allocated

for primary purpose of retaining and regulating flood control.

Section 616ww-3, Pub. L. 94-228, title III, Sec. 304, Mar. 11,

1976, 90 Stat. 207, related to allocation of costs for modification

of McKay Dam and to allocation of all other costs.

Section 616ww-4, Pub. L. 94-228, title III, Sec. 305, Mar. 11,

1976, 90 Stat. 207, related to repayment contracts and reimbursable

costs.

Section 616ww-5, Pub. L. 94-228, title III, Sec. 306, Mar. 11,

1976, 90 Stat. 207, authorized appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XLVII - AUBURN-FOLSOM SOUTH UNIT; SAN

FELIPE DIVISION: CENTRAL VALLEY PROJECT,

CALIFORNIA 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLVII - AUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION:

CENTRAL VALLEY PROJECT, CALIFORNIA

-HEAD-

SUBCHAPTER XLVII - AUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION:

CENTRAL VALLEY PROJECT, CALIFORNIA

-End-

-CITE-

43 USC Secs. 616aaa to 616fff-7 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLVII - AUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION:

CENTRAL VALLEY PROJECT, CALIFORNIA

-HEAD-

Secs. 616aaa to 616fff-7. Omitted

-COD-

CODIFICATION

Section 616aaa, Pub. L. 89-161, Sec. 1, Sept. 2, 1965, 79 Stat.

615, authorized construction, operation, and maintenance of the

Auburn-Folsom South unit, American River division, Central Valley

project, California, and described principal features of this unit.

Section 616bbb, Pub. L. 89-161, Sec. 2, Sept. 2, 1965, 79 Stat.

616, provided for financial and operational integration and

coordination of this unit with Central Valley project.

Section 616ccc, Pub. L. 89-161, Sec. 3, Sept. 2, 1965, 79 Stat.

616, related to construction, operation, and maintenance of public

recreational facilities and enhancement of fish and wildlife in

connection with this unit.

Section 616ddd, Pub. L. 89-161, Sec. 4, Sept. 2, 1965, 79 Stat.

618, provided that in locating and designating works and facilities

of this unit consideration be given to State of California water

plan reports and that local interests be consulted.

Section 616eee, Pub. L. 89-161, Sec. 5, Sept. 2, 1965, 79 Stat.

618, related to allocation of water.

Section 616fff, Pub. L. 89-161, Sec. 6, Sept. 2, 1965, 79 Stat.

618, authorized appropriations for this unit.

Section 616fff-1, Pub. L. 90-72, Sec. 1, Aug. 27, 1967, 81 Stat.

173, authorized construction, operation, and maintenance of San

Felipe division, Central Valley project, California.

Section 616fff-2, Pub. L. 90-72, Sec. 2, Aug. 27, 1967, 81 Stat.

174, related to conservation and development of fish and wildlife

and enhancement of recreational facilities in connection with this

division.

Section 616fff-3, Pub. L. 90-72, Sec. 3, Aug. 27, 1967, 81 Stat.

174, related to contracts for delivery of water through State

facilities.

Section 616fff-4, Pub. L. 90-72, Sec. 4, Aug. 27, 1967, 81 Stat.

174, provided that in locating and designing works and facilities

of this division consideration be given to State of California

water plan reports and that local interests be consulted.

Section 616fff-5, Pub. L. 90-72, Sec. 5, Aug. 27, 1967, 81 Stat.

174, related to nonapplicability of other laws to this division.

Section 616fff-6, Pub. L. 90-72, Sec. 6, Aug. 27, 1967, 81 Stat.

174, related to restriction on delivery of water for production of

excessive basic commodities.

Section 616fff-7, Pub. L. 90-72, Sec. 7, Aug. 27, 1967, 81 Stat.

174, authorized appropriations for this division.

-End-

-CITE-

43 USC SUBCHAPTER XLVIII - SOUTHERN NEVADA PROJECT,

NEVADA 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLVIII - SOUTHERN NEVADA PROJECT, NEVADA

-HEAD-

SUBCHAPTER XLVIII - SOUTHERN NEVADA PROJECT, NEVADA

-End-

-CITE-

43 USC Secs. 616ggg to 616mmm 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLVIII - SOUTHERN NEVADA PROJECT, NEVADA

-HEAD-

Secs. 616ggg to 616mmm. Omitted

-COD-

CODIFICATION

Section 616ggg, Pub. L. 89-292, Sec. 1, Oct. 22, 1965, 79 Stat.

1068, authorized construction, operation, and maintenance of the

Southern Nevada project, Nevada.

Section 616hhh, Pub. L. 89-292, Sec. 2, Oct. 22, 1965, 79 Stat.

1068, related to allocation of project costs and to repayment of

these allocated project costs.

Section 616iii, Pub. L. 89-292, Sec. 3, Oct. 22, 1965, 79 Stat.

1068, related to commencement of construction of this project,

transfer of the care, operation and maintenance of this project to

a State agency and to the permanent use of project facilities by

Nevada.

Section 616jjj, Pub. L. 89-292, Sec. 4, Oct. 22, 1965, 79 Stat.

1069, related to construction costs allocated to defense

installations.

Section 616kkk, Pub. L. 89-292, Sec. 5, Oct. 22, 1965, 79 Stat.

1069, related to control of diverted waters.

Section 616lll, Pub. L. 89-292, Sec. 6, Oct. 22, 1965, 79 Stat.

1069; Pub. L. 89-510, July 19, 1966, 80 Stat. 312, related to

contract provisions for subordination of rights of contracting

parties to those of Basic Management, Inc. or its assignees.

Section 616mmm, Pub. L. 89-292, Sec. 7, Oct. 22, 1965, 79 Stat.

1069, authorized appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER XLIX - TUALATIN PROJECT, OREGON 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLIX - TUALATIN PROJECT, OREGON

-HEAD-

SUBCHAPTER XLIX - TUALATIN PROJECT, OREGON

-End-

-CITE-

43 USC Secs. 616nnn to 616sss 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER XLIX - TUALATIN PROJECT, OREGON

-HEAD-

Secs. 616nnn to 616sss. Omitted

-COD-

CODIFICATION

Section 616nnn, Pub. L. 89-596, Sec. 1, Sept. 20, 1966, 80 Stat.

822, authorized construction, operation, and maintenance of

Tualatin project, Oregon.

Section 616ooo, Pub. L. 89-596, Sec. 2, Sept. 20, 1966, 80 Stat.

822, related to irrigation repayment contracts, period of

repayment, and charges for power and energy.

Section 616ppp, Pub. L. 89-596, Sec. 3, Sept. 20, 1966, 80 Stat.

822, related to conservation and development of fish and wildlife

and enhancement of recreational facilities in connection with this

project.

Section 616qqq, Pub. L. 89-596, Sec. 4, Sept. 20, 1966, 80 Stat.

822, related to repayment of project costs.

Section 616rrr, Pub. L. 89-596, Sec. 5, Sept. 20, 1966, 80 Stat.

823, related to restriction on delivery of water for production of

excessive basic commodities.

Section 616sss, Pub. L. 89-596, Sec. 6, Sept. 20, 1966, 80 Stat.

823, authorized appropriations for this project.

-End-

-CITE-

43 USC SUBCHAPTER L - MISSOURI RIVER BASIN PROJECT, SOUTH

DAKOTA 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER L - MISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA

-HEAD-

SUBCHAPTER L - MISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA

-End-

-CITE-

43 USC Secs. 616ttt to 616yyy 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER L - MISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA

-HEAD-

Secs. 616ttt to 616yyy. Omitted

-COD-

CODIFICATION

Section 616ttt, Pub. L. 90-453, Sec. 1, Aug. 3, 1968, 82 Stat.

624, authorized construction, operation, and maintenance of Oahe

unit, James division, Missouri River Basin project, South Dakota.

Section 616uuu, Pub. L. 90-453, Sec. 2, Aug. 3, 1968, 82 Stat.

624, related to conservation and development of fish and wildlife

and enhancement of recreational facilities in connection with this

unit.

Section 616vvv, Pub. L. 90-453, Sec. 3, Aug. 3, 1968, 82 Stat.

625, provided for physical and financial integration of this unit

with other Federal works.

Section 616www, Pub. L. 90-453, Sec. 4, Aug. 3, 1968, 82 Stat.

625, related to restriction on delivery of water for production of

excessive basic commodities.

Section 616xxx, Pub. L. 90-453, Sec. 5, Aug. 3, 1968, 82 Stat.

625, related to interest rate.

Section 616yyy, Pub. L. 90-453, Sec. 6, Aug. 3, 1968, 82 Stat.

625, authorized appropriations for this unit.

-End-

-CITE-

43 USC SUBCHAPTER LI - MOUNTAIN PARK PROJECT, OKLAHOMA 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER LI - MOUNTAIN PARK PROJECT, OKLAHOMA

-HEAD-

SUBCHAPTER LI - MOUNTAIN PARK PROJECT, OKLAHOMA

-CHANGE-

CHANGE OF NAME

Pub. L. 94-77, Aug. 9, 1975, 89 Stat. 410, provided: "That the

Mountain Park Reservoir, Oklahoma, authorized to be constructed by

the Act of September 21, 1968 (82 Stat. 853) [sections 616aaaa to

616ffff of this title], shall be known and designated hereafter as

the Tom Steed Reservoir. Any law, regulation, map, document,

record, or other paper of the United States in which such reservoir

is referred shall be held to refer to such reservoir as the Tom

Steed Reservoir."

-End-

-CITE-

43 USC Secs. 616aaaa to 616ffff-2 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER LI - MOUNTAIN PARK PROJECT, OKLAHOMA

-HEAD-

Secs. 616aaaa to 616ffff-2. Omitted

-COD-

CODIFICATION

Section 616aaaa, Pub. L. 90-503, Sec. 1, Sept. 21, 1968, 82 Stat.

853; Pub. L. 93-493, title III, Sec. 301, Oct. 27, 1974, 88 Stat.

1492; Pub. L. 103-434, title IV, Sec. 402(a), Oct. 31, 1994, 108

Stat. 4536, authorized construction, operation, and maintenance of

the Mountain Park project, Oklahoma.

Section 616bbbb, Pub. L. 90-503, Sec. 2, Sept. 21, 1968, 82 Stat.

853, related to repayment of costs and the interest rate.

Section 616cccc, Pub. L. 90-503, Sec. 3, Sept. 21, 1968, 82 Stat.

854, related to transfer of the care, maintenance, and operation of

project works to water users' organization.

Section 616dddd, Pub. L. 90-503, Sec. 4, Sept. 21, 1968, 82 Stat.

854, related to soil survey and land classification.

Section 616eeee, Pub. L. 90-503, Sec. 5, Sept. 21, 1968, 82 Stat.

854, related to conservation and development of fish and wildlife

and enhancement of recreational opportunities in connection with

this project.

Section 616ffff, Pub. L. 90-503, Sec. 6, Sept. 21, 1968, 82 Stat.

854, authorized appropriations for this project.

Section 616ffff-1, Pub. L. 93-493, title III, Sec. 302, Oct. 27,

1974, 88 Stat. 1492, authorized additional appropriations for this

project.

Section 616ffff-2, Pub. L. 90-503, Sec. 7, as added Pub. L.

103-434, title IV, Sec. 402(b), Oct. 31, 1994, 108 Stat. 4536,

authorized reallocation of project costs.

-End-

-CITE-

43 USC SUBCHAPTER LII - PALMETTO BEND PROJECT, TEXAS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER LII - PALMETTO BEND PROJECT, TEXAS

-HEAD-

SUBCHAPTER LII - PALMETTO BEND PROJECT, TEXAS

-End-

-CITE-

43 USC Secs. 616gggg to 616llll 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER LII - PALMETTO BEND PROJECT, TEXAS

-HEAD-

Secs. 616gggg to 616llll. Omitted

-COD-

CODIFICATION

Section 616gggg, Pub. L. 90-562, Sec. 1, Oct. 12, 1968, 82 Stat.

999, authorized construction, operation, and maintenance of

Palmetto Bend project, Texas.

Section 616hhhh, Pub. L. 90-562, Sec. 2, Oct. 12, 1968, 82 Stat.

999, related to repayment of costs of this project.

Section 616iiii, Pub. L. 90-562, Sec. 3, Oct. 12, 1968, 82 Stat.

999, related to transfer of the care, operation, and maintenance of

this project to a qualified contractor or contracting entities and

to permanent usage rights.

Section 616jjjj, Pub. L. 90-562, Sec. 4, Oct. 12, 1968, 82 Stat.

1000, related to conservation and development of fish and wildlife

and to enhancement of recreational opportunities in connection with

this project.

Section 616kkkk, Pub. L. 90-562, Sec. 5, Oct. 12, 1968, 82 Stat.

1000, authorized appropriations for construction, operation, and

maintenance of the first stage of this project.

Section 616llll, Pub. L. 90-562, Sec. 6, Oct. 12, 1968, 82 Stat.

1000, authorized appropriations for acquisition of land for the

second stage of this project.

-End-

-CITE-

43 USC SUBCHAPTER LIII - MERLIN DIVISION; ROGUE RIVER

BASIN PROJECT, OREGON 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER LIII - MERLIN DIVISION; ROGUE RIVER BASIN PROJECT, OREGON

-HEAD-

SUBCHAPTER LIII - MERLIN DIVISION; ROGUE RIVER BASIN PROJECT,

OREGON

-End-

-CITE-

43 USC Secs. 616mmmm to 616ssss 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER LIII - MERLIN DIVISION; ROGUE RIVER BASIN PROJECT, OREGON

-HEAD-

Secs. 616mmmm to 616ssss. Omitted

-COD-

CODIFICATION

Section 616mmmm, Pub. L. 91-270, Sec. 1, May 28, 1970, 84 Stat.

273, authorized construction, operation, and maintenance of Merlin

Division, Rogue River Basin project, Oregon.

Section 616nnnn, Pub. L. 91-270, Sec. 2, May 28, 1970, 84 Stat.

273, related to irrigation repayment contracts and assessment and

collection of service charges.

Section 616oooo, Pub. L. 91-270, Sec. 3, May 28, 1970, 84 Stat.

273, related to conservation and development of fish and wildlife

and to enhancement of recreational opportunities in connection with

this division.

Section 616pppp, Pub. L. 91-270, Sec. 4, May 28, 1970, 84 Stat.

273, related to transfer of care, operation, and maintenance of

this division to water user's organization.

Section 616qqqq, Pub. L. 91-270, Sec. 5, May 28, 1970, 84 Stat.

273, authorized power for irrigation water pumping.

Section 616rrrr, Pub. L. 91-270, Sec. 6, May 28, 1970, 84 Stat.

273, related to restriction on delivery of water for production of

excessive basic commodities.

Section 616ssss, Pub. L. 91-270, Sec. 7, May 28, 1970, 84 Stat.

274, authorized appropriations for this division.

-End-

-CITE-

43 USC SUBCHAPTER LIV - TOUCHET DIVISION; WALLA WALLA

PROJECT, OREGON-WASHINGTON 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER LIV - TOUCHET DIVISION; WALLA WALLA PROJECT,

OREGON-WASHINGTON

-HEAD-

SUBCHAPTER LIV - TOUCHET DIVISION; WALLA WALLA PROJECT,

OREGON-WASHINGTON

-End-

-CITE-

43 USC Secs. 616tttt to 616yyyy 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER LIV - TOUCHET DIVISION; WALLA WALLA PROJECT,

OREGON-WASHINGTON

-HEAD-

Secs. 616tttt to 616yyyy. Omitted

-COD-

CODIFICATION

Section 616tttt, Pub. L. 91-307, Sec. 1, July 7, 1970, 84 Stat.

409, authorized construction, operation, and maintenance of Touchet

Division, Walla Walla project, Oregon-Washington.

Section 616uuuu, Pub. L. 91-307, Sec. 2, July 7, 1970, 84 Stat.

409, related to irrigation payment contracts and repayment of

construction costs.

Section 616vvvv, Pub. L. 91-307, Sec. 3, July 7, 1970, 84 Stat.

409, related to conservation and development of fish and wildlife

and enhancement of recreational opportunities in connection with

this division.

Section 616wwww, Pub. L. 91-307, Sec. 4, July 7, 1970, 84 Stat.

409, related to interest rate.

Section 616xxxx, Pub. L. 91-307, Sec. 5, July 7, 1970, 84 Stat.

410, related to restriction on delivery of water for production of

excessive basic commodities.

Section 616yyyy, Pub. L. 91-307, Sec. 6, July 7, 1970, 84 Stat.

410; Pub. L. 94-175, Dec. 23, 1975, 89 Stat. 1030, authorized

appropriations for this division.

-End-