Legislación
US (United States) Code. Title 43. Chapter 12: Reclamation and irrigation of lands by Federal Government
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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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