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

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-CITE-

43 USC CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS

BY FEDERAL GOVERNMENT 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

-MISC1-

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

371. Definitions.

372. Water right as appurtenant to land and extent of

right.

373. General authority of Secretary of the Interior.

373a. Commissioner of Reclamation; appointment.

373a-1. Repealed.

373b. Law enforcement authority at Bureau of Reclamation

facilities.

(a) Public safety regulations.

(b) Violations; criminal penalties.

(d) Powers of law enforcement officers.

(e) Legal status of State or local law enforcement

officers.

(f) Concurrent jurisdiction.

(g) Regulations.

373c. Definitions.

374. Sale of lands acquired in connection with irrigation

project.

375. Sale of land improved at expense of reclamation fund.

375a. Sale under sections 374 and 375 of lands appraised at

not exceeding $300.

375b. Disposal of tracts too small to be classed farm units.

375c. Sales of small tracts to resident farm owners and

entrymen; price; terms; acreage purchasable.

375d. Issuance of patent for small tracts; reservations.

375e. Moneys from sale of small tracts covered into

reclamation fund; credit.

375f. Rules and regulations.

376. Return of land donations not needed.

377. General expenses of Bureau of Reclamation chargeable

to general reclamation fund.

377a. Limitation on use of funds where organizations or

individuals are in arrears on contract charges.

377b. Availability of appropriations for Bureau of

Reclamation.

378. Omitted.

379. Purchase of scientific books, law books, etc.

380 to 382. Repealed or Omitted.

383. Vested rights and State laws unaffected.

384. Extension of time for payment of charges accrued prior

to March 2, 1924, and January 1, 1925.

385. Repealed.

385a. Payments to school districts for education of

dependents of construction personnel; cooperative

arrangements; chargeable to project.

385b, 385c. Repealed or Omitted.

386. Application of excess-land provisions of reclamation

laws to certain lands.

387. Removal of sand, gravel, etc.; leases, easements, etc.

388. Contracts for materials; liability of United States.

389. Relocation of highways, railroads, transmission lines,

etc., exchange of water, water rights or electric

energy.

390. Utilization of dams and reservoir projects for

irrigation purposes; additional construction;

necessity of authorization; apportionment of cost;

limitation.

390a. Repealed.

390b. Development of water supplies for domestic, municipal,

industrial, and other purposes.

(a) Declaration of policy.

(b) Storage in reservoir projects; agreements for

payment of cost of construction or

modification of projects.

(d) Approval of Congress of modifications of

reservoir projects.

390c. Water reservoirs; interests of States and local

agencies in storage space.

390d. Dams and reservoirs wherein costs thereof, or rights

thereto, have been acquired by local interests.

390e. Rights, acquisition and availability of; obligation

for operation and maintenance; costs for

reconstruction, rehabilitation, or replacement; use

during Government operation or by contract.

390f. Revision of leases or agreements to evidence

conversion of rights to use of storage rights.

390g. Groundwater recharge of aquifers; demonstration

program.

390g-1. Phase I of groundwater recharge demonstration program.

(a) Development of detailed plan of demonstration

projects; requisite features of plan.

(b) Recommendation of demonstration projects.

390g-2. Phase II of groundwater recharge demonstration

program.

(a) Design, construction, and operation of

projects.

(b) Alternative means of cost allocation; economic

feasibility of projects.

390g-3. Evaluation of water quality impacts.

390g-4. Authorization of appropriations to carry out phase I.

390g-5. Authorization of appropriations to carry out phase II.

390g-6. Matching basis for funding phase II from non-Federal

sources.

390g-7. New spending authority.

390g-8. Interstate transfer of water from Arkansas.

390h. Program to investigate reclamation and reuse of

wastewater and groundwater; general authority.

(a) Program established.

(b) States included.

(d) San Luis Unit of Central Valley Project,

California.

390h-1. Appraisal investigations.

(a) Purposes; recommendations.

(b) Matters to be considered.

(d) Nonreimbursable costs.

390h-2. Feasibility studies.

(a) General authority; Federal and non-Federal cost

shares.

(b) Federal share considered project costs;

reimbursement.

390h-3. Research and demonstration projects.

(a) Reclamation of wastewater and ground and

surface waters.

(b) Long Beach Desalination Research and

Development Project.

Research and Development Project.

(d) Federal contribution.

390h-4. Southern California comprehensive water reclamation

and reuse study.

(a) General authority.

(b) Cooperation with State; Federal share.

390h-5. San Jose area water reclamation and reuse program.

390h-6. Phoenix metropolitan water reclamation study and

program.

(a) General authority.

(b) Federal share.

390h-7. Tucson area water reclamation study.

(a) General authority.

(b) Federal share.

390h-8. Lake Cheraw water reclamation and reuse study.

(a) General authority.

(b) Federal share.

390h-9. San Francisco area water reclamation study.

(a) General authority.

(b) Federal share.

390h-10. San Diego area water reclamation program.

390h-11. Los Angeles area water reclamation and reuse project.

390h-12. San Gabriel basin demonstration project.

390h-12a. North San Diego County Area Water Recycling Project.

(a) Authorization.

(b) Cost share.

390h-12b. Calleguas Municipal Water District Recycling Project.

(a) Authorization.

(b) Cost share.

390h-12c. Central Valley Water Recycling Project.

(a) Authorization.

(b) Cost share.

390h-12d. St. George Area Water Recycling Project.

(a) Authorization.

(b) Cost share.

390h-12e. Watsonville Area Water Recycling Project.

(a) Authorization.

(b) Cost share.

390h-12f. Southern Nevada Water Recycling Project.

(a) Authorization.

(b) Cost share.

390h-12g. Albuquerque Metropolitan Area Water Reclamation and

Reuse Project.

(a) Authorization.

(b) Cost share.

390h-12h. El Paso Water Reclamation and Reuse Project.

(a) Authorization.

(b) Cost share.

390h-12i. Reclaimed water in Pasadena.

(a) Authorization.

(b) Cost share.

390h-12j. Phase 1 of Orange County Regional Water Reclamation

Project.

(a) Authorization.

(b) Cost share.

390h-12k. City of West Jordan Water Reuse Project.

(a) Authorization.

(b) Cost share.

390h-12l. Hi-Desert Water District in Yucca Valley, California

wastewater collection and reuse facility.

(a) Authorization.

(b) Cost share.

390h-12m. Mission Basin Brackish Groundwater Desalting

Demonstration Project.

(a) Authorization.

(b) Cost share.

390h-12n. Treatment of effluent from sanitation districts of Los

Angeles County through city of Long Beach.

(a) Authorization.

(b) Cost share.

390h-12o. San Joaquin Area Water Recycling and Reuse Project.

(a) Authorization.

(b) Cost share.

390h-12p. Tooele Wastewater Treatment and Reuse Project.

(a) Authorization.

(b) Cost share.

390h-13. Authorization of appropriations.

(a) In general.

(b) Prerequisite cost-sharing agreement.

(d) Ceiling on Federal share.

390h-14. Groundwater study.

(a) Investigation, analysis, and report.

(b) Consultation with Governors.

390h-15. Authorization of appropriations.

390h-16. Willow Lake Natural Treatment System Project.

(a) Authorization.

(b) Cost share.

390h-17. Lakehaven, Washington, Water Reclamation and Reuse

Project.

(a) Authorization.

(b) Cost share.

SUBCHAPTER I-A - RECLAMATION REFORM

390aa. Congressional declaration of purpose; short title.

390bb. Definitions.

390cc. New or amended contracts.

(a) Generally.

(b) Amendment of existing contracts.

absence of amendment to contract.

(d) Consent of non-Federal party.

390dd. Limitation on ownership.

390ee. Pricing.

(a) Delivery of irrigation water at full cost.

(b) Delivery of irrigation water at prior terms and

conditions.

recordable contracts.

390ff. Certification of compliance.

390gg. Equivalency.

390hh. Operation and maintenance charges.

(a) Price adequate to recover charges.

(b) Modification of price.

390ii. Disposition of excess lands.

(a) Disposal of lands in excess of ownership

limitations within reasonable time.

(b) Continued delivery of irrigation water to lands

held in excess of ownership limitations.

(d) Power of attorney requirement in contracts;

exercise of power by Secretary.

(e) Extension of time for disposal of excess lands.

(f) Eligibility of excess lands for irrigation

water after disposition.

390jj. Water conservation.

(a) Implementation of program by non-Federal

recipients.

(b) Development of plan.

participation.

390kk. Residency not required.

390ll. Corps of Engineers projects.

(a) Applicability of Federal reclamation laws.

(b) Payment of construction, operation, maintenance

and administrative costs allocated to

conservation or irrigation storage.

390mm. Repayment of construction charges.

(a) Ownership and pricing limitations inapplicable

when repayment obligation has been discharged.

(b) Certification of freedom from ownership and

pricing limitations.

construction costs.

390nn. Trusts.

390oo. Temporary supplies of water.

(a) Limitations inapplicable.

(b) Waiver of payment for temporary water supplies.

390pp. Involuntary foreclosure.

390qq. Isolated tracts.

390rr. Central Arizona Project.

390ss. Religious or charitable organizations.

390tt. Contract required.

390uu. Waiver of sovereign immunity.

390vv. Excess crop restrictions.

(a) Report to Congress on production of surplus

crops on acreage served by irrigation water.

(b) Restrictions prohibiting delivery of irrigation

water for production of excess basic

agricultural commodities.

390ww. Administrative provisions.

(a) Existing Federal reclamation law.

(b) Existing statutory exemptions from ownership or

pricing limitations of Federal reclamation

law.

(d) Omitted.

(e) Sale of nonexcess land acquired into excess

status pursuant to involuntary process of law,

etc.

(f) Omitted.

(g) Annual audit of compliance with reclamation

laws.

(h) Recordable contracts executed prior to October

12, 1982.

(i) Collection of underpayment with interest for

irrigation water.

390xx. Validation of contracts entered into prior to October

1, 1981.

390yy. Leasing requirements.

390zz. Reporting.

390zz-1. Severability.

SUBCHAPTER II - RECLAMATION FUND GENERALLY

391. Establishment of "reclamation fund".

391a. Advances to reclamation fund.

391a-1. Increase in reclamation fund; reimbursement of

advances from Treasury.

391b. Omitted.

392. Payments into reclamation fund of moneys received from

entrymen and water right applicants.

392a. Payment into reclamation fund of receipts from

irrigation projects; transfer of power revenues to

General Treasury after repayment of construction

costs.

393. Proceeds from sale of materials, etc.

394. Proceeds from sale of products of or leases of

withdrawn or reserved lands.

395. Contributions by State, municipality, etc.

396. Return of contributions to cooperative investigations

of projects.

397. Advances by Government for completion of projects

initiated prior to June 25, 1910.

397a. Advances for operation and maintenance of projects.

398. Sales of Government certificates to obtain funds for

advances.

399. Omitted.

400. Advances as item of cost of construction and

maintenance of project.

401. Amounts collected from defaulting contractors and

their sureties.

402 to 404. Omitted or Repealed.

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

411. Surveys for, location, and construction of irrigation

works generally.

411a. Repealed.

411a-1. Authorization of appropriations for investigations of

feasibility of reclamation projects.

411b. Employment of engineers, geologists, appraisers and

economists for reclamation consultation work;

compensation; retired Army and Navy officers as

consulting engineers.

412. Prerequisites to initiation of project or division of

project.

413. Approval of project by President.

414. Appropriation for projects essential.

415. Receipts applicable to project generally.

416. Laws applicable to withdrawn lands; restoration to

entry.

417. Reservation of easements in public lands for

reclamation projects.

418. Private lands within project; agreement as to disposal

of excess over farm unit.

419. Contract for irrigation project; notice as to lands

irrigable, unit of entry, and construction charges.

420. Use of earth, timber, etc., from other public lands.

421. Acquisition of lands for irrigation project; eminent

domain.

421a. Construction of distribution and drainage systems by

irrigation districts or public agencies.

421b. Loans for construction of distribution and drainage

systems; repayment contract; time period for

repayment of loan; "irrigation district or other

public agency" defined.

421c. Conditions of loan for distribution and drainage

systems; reconveyance by Secretary of lands,

interests in lands, and distribution works heretofore

conveyed to the United States; conditions of

reconveyance; rights of way.

421d. Effect on existing laws.

421e. Municipal and industrial water supply delivery and

distribution; allocation of loan funds; loan

repayment contract requirements; rate of interest.

421f. Existing loan contracts; negotiation by Secretary of

amendments.

421g. Existing rights unaffected.

421h. Procedural and substantive requirements applicable to

works financed by loans pursuant to sections 421a to

421h of this title.

422. Construction of dams across Yellowstone River.

SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

422a. Declaration of purpose.

422b. Definitions.

422c. Proposals; submission; payment for cost of

examination.

422d. Contents of proposals.

(a) Plans and estimates; review by States;

allocation of capital costs.

(b) Lands and water rights; ownership; financing.

Congress; certification of soil survey;

reservation of land.

(d) Amount of loan and/or grant; increase by

Secretary.

(e) Appropriation; nonapplicability.

(f) Consideration of financial feasibility,

emergency, or urgent need; jurisdiction and

control of project works and facilities.

422e. Contract requirements.

422f. Proposals for projects previously authorized; waiver

of requirements; approval; negotiation of contract.

422g. Information from Federal agencies; costs.

422h. Planning and construction; transfer of funds.

422i. Rules and regulations.

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.

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

422k-1. Loan contracts for deferment of repayment

installments; amendment or supplementation.

422l. Application of this subchapter to Hawaii.

SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

423. Permanently unproductive lands; exclusion from

project; disposition of water right.

423a. Construction charges on permanently unproductive lands

already paid; disposition.

423b. Suspension of payment of construction charges against

areas temporarily unproductive.

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

private lands, eliminated from project; rights not

assignable; rights of lienholders; preference to

ex-service men.

423d. Amendment of existing water right contracts by

Secretary of the Interior.

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.

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

423g. Adjustment of water right charges as final

adjudication on projects and divisions named.

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

spouse.

424. Disposal of lands classified as temporarily or

permanently unproductive; persons who may take.

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

tracts included.

424b. Application of certain statutes to lands sold.

424c. Issuance of patents; recitals in patents;

reservations.

424d. Use of moneys collected from sales, project

construction charges and water rentals respecting

unproductive lands.

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

regulations.

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

limitation on receipt of irrigation benefits;

determination of exempt status.

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.

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

owned by States, etc.; time limitation; applicability

of acreage limitations.

SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

431. Limitation as to amount of water; qualifications of

applicant.

432. Entry under homestead laws generally.

433. Character and capital qualification of entrymen.

433a. Preference of needy families.

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

subdivision of lands.

435. Entries in excess of farm unit.

436. Time when entry may be made generally.

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

have been relinquished.

438. Repealed.

439. Cultivation requirement as to entrymen.

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

cultivation and reclamation of land; cancellation for

noncompliance with requirements.

441. Assignment of entries generally.

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

confirmed.

443. Limitation of amount of land holdable under assignment

of entry.

444, 445. Omitted.

446. Right to make entry on relinquishment of former entry

under land laws.

447. Relinquishment of homestead entry and making new

entry.

448. Desert-land entries within reclamation project

generally.

449. Assignment of desert-land entry within project.

SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

451. Conditions necessary for exchange; terms; credits;

rights nonassignable.

451a. Persons eligible for benefits.

451b. Irrigation construction charges.

(a) Credits to entryman.

(b) Credits to district; reduction of costs.

451c. Cancellation of charges or liens; credits.

451d. Disposal of improvements; water rights; revertibility

of relinquished land.

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

exchange; waiver.

451f. Exchanges subject to mortgage contracts.

451g. Preferences; veterans; timely applicants.

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

noncontiguous.

451i. "Federal irrigation project" defined.

451j. Rules and regulations.

451k. Availability of appropriations; expenses as

nonreimbursable.

SUBCHAPTER VIII - TAXATION

455. State taxation; lands of homestead entryman.

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

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

States; rights of holder of tax title.

455c. Extinguishment of liens and tax titles on reversion of

lands to United States.

SUBCHAPTER IX - CONSTRUCTION CHARGES

461. Determination of construction charges generally.

462. Classification of irrigable lands and equitable

apportionment of charges.

463. Repealed.

464. Increases of charges on failure to make water-right

application.

465. Charges for water service prior to notice of

construction charge.

466. Surveys to correct errors or inequalities in original

basis of project.

467. Repealed.

468. Withdrawal of notice given and modification of

applications and contracts made prior to February 13,

1911.

469. Increase in construction charges.

470. When work increasing construction charge may be

undertaken.

471. Initial payment and annual installments of charges

generally.

472. Installments on entries or applications made after

August 13, 1914, and prior to December 5, 1924.

473, 474. Repealed.

475. Annual installments on entries and contracts prior to

August 13, 1914.

476. Repealed.

477. Association or irrigation district as fiscal agent of

Government.

478. Pecuniary penalty for nonpayment of installments of

construction charges.

479. Shutting off water for nonpayment of construction

charge.

480. Cancellation of water right or entry for nonpayment of

construction charge.

481. Action to recover construction charges and penalties.

482. Omitted.

SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

485. Declaration of policy.

485a. Definitions.

485b. Amendment of existing repayment contracts.

485b-1. Deferment of installments under repayment contracts;

determination of undue burden; conditions;

supplemental contract; report to Congress.

485c. Repealed.

485d. Time of payments to the United States.

485e. Maintenance and operation of project works;

delinquency penalties.

485f. Negotiation of equitable contracts by Secretary.

(a) Existing project contract unit.

(b) New projects or projects under construction;

public lands; development periods.

approval; amendment after approval.

485g. Classification of lands.

(a) Generally.

(b) Necessity for request.

(d) Primary determination.

(e) Probable justification.

(f) Expenses.

(g) Classification as prerequisite to contract.

(h) Modification of existing obligations.

485h. New projects; sale of water and electric power; lease

of power privileges.

(a) Findings of Secretary.

(b) Allocation of part of cost to flood control or

navigation.

electric power; lease of power privileges.

(d) Delivery of water for irrigation; repayment

contract prerequisites.

(e) Contracts to furnish water.

(f) Public participation.

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.

485h-2. Amendments to existing contracts.

485h-3. "Long-term contract" defined.

485h-4. Application of State laws.

485h-5. Supplement to Federal reclamation laws.

485h-6. Repayment contracts; amendment for provision, addition

or modification of irrigation blocks.

485h-7. Amendment of repayment contract for payment of annual

installments in two parts.

485i. Rules and regulations.

485j. Effect on existing laws.

485k. Short title.

SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

491. Authority of Secretary to operate works.

492. Operation and maintenance charges generally.

493. Operation charges; date of payment; discount; advance

payment.

493a. Omitted.

494. Pecuniary penalty for nonpayment of operation charge.

495. Shutting off water for nonpayment of operation charge.

496. Cancellation of entry or water right for nonpayment of

operation charge.

497. Action to recover operation charge and penalty.

498. Transfer of management and operation of works to water

users generally.

499. Discretionary power to transfer management.

499a. Transfer of title to movable property; use of

appropriations.

499b. Transfer to municipal corporations or other

organizations of care, operation, and maintenance of

work supplying water for municipal, domestic, or

industrial use.

500. Duty of association or district to take over

management.

501. Disposition of profits of project taken over by water

users.

502. Emergency fund to assure continuous operation of

projects and project facilities governed by Federal

reclamation law.

503. "Unusual or emergency conditions" defined.

504. Rehabilitation and betterment of Federal reclamation

projects, including small reclamation projects;

return of costs; interest; definitions; performance

of work.

505. Drainage facilities and minor construction in

irrigation works; contracts with repayment

organizations; limitation on costs; submission of

contract to Congress.

SUBCHAPTER XI-A - RECLAMATION SAFETY OF DAMS

506. Authority of Secretary to make modifications.

507. Construction for dam safety.

508. Costs incurred in the modification of structures.

(a) Costs resulting from age and normal

deterioration or lack of maintenance of

structures.

(b) Nonreimbursable costs resulting from new

hydrologic or seismic data or changes in

criteria.

hydrologic or seismic data or changes in

criteria.

(d) Contracts for return of costs.

509. Authorization of appropriations; report to Congress.

SUBCHAPTER XII - CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR

PAYMENT OF CHARGES

511. Authority to contract with irrigation district.

512. Release of Government liens after contract with

irrigation districts.

513. Lands in project subject to provisions of chapter;

after contract with irrigation district.

SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,

STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

521. Sale of surplus waters generally.

522. Lease of water power.

523. Storage and transportation of water for irrigation

districts, etc.

524. Cooperation with irrigation districts, etc., in

construction of reservoirs and canals.

525. Covering proceeds into reclamation fund.

526. Credit of proceeds to particular project.

SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

541. When patent or final certificate issued.

542. Reservation of lien for charges; enforcement of lien;

redemption.

543. Certificate of final payment and release of lien.

544. Limitation as to holdings prior to final payment of

charges; forfeiture of excess holding.

545. Appointment of agents to receive payments; record of

payments and amounts owing.

546. Jurisdiction of district court for enforcement of this

subchapter.

547. Patent to desert-land entryman.

SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

561. Survey and subdivision of land for town sites;

reservation for public purposes.

562. Appraisal and sale of town lots.

563. Disposal of town sites set apart prior to June 27,

1906.

564. Reappraisal of town lots for sale.

565. Terms of sale of town lots; installments of price.

566. Maintenance of public reservations and conveyance to

municipality.

567. Water rights for towns and cities; charges.

568. Use of reclamation fund for expenses of and disposal

of proceeds of sale of town sites.

569. Reservation of land for park, playground, or community

center.

(a) Repealed.

(b) Water service.

(d) Disposition of land not contracted for.

569a. Extension of section 569 to tract of land in Idaho.

570. Conveyance of land to school district.

571. Sale of unplatted portions of Government town sites;

authorization.

572. Disposition of net proceeds; fixing project

construction charges.

573. Expenses of appraisement and sale; rules and

regulations.

SUBCHAPTER XVI - REFUNDS TO WAR VETERANS

581 to 586. Omitted.

SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS

GENERALLY

591. Omitted.

591a. Boise project, Idaho; Arrowrock Dam; installment

payments of costs of repairs, resurfacing,

improvement, etc.

592. Omitted.

593. Flathead irrigation project, Montana.

593a. Construction, operation, and maintenance of Hungry

Horse Dam.

593b. Construction of additional works for irrigation

purposes.

594. Omitted.

595. King Hill project, Idaho.

596. Omitted.

597. Riverton project, Wyoming.

597a. Easements for Bull Lake Dam and Reservoir.

597b. Compensation for easements.

597c. Reservation of Indians' right to use lands.

597d. Regulations.

598. Salt River project, Arizona; sale of water power.

599. Omitted.

600. Minidoka project, Idaho; sales of water from American

Falls Reservoir.

600a. Arch Hurley Conservancy District project, New Mexico.

600b. Canadian River project, Texas.

600c. Nonreimbursable costs.

(a) Construction, operation, and maintenance costs.

(b) Conditions precedent to construction.

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.

600e. Authorization of appropriations for public recreation

facilities.

SUBCHAPTER XVIII - CIBOLO PROJECT, TEXAS

600f to 600f-4. Omitted.

SUBCHAPTER XIX - NUECES RIVER PROJECT, TEXAS

600g to 600g-4. Omitted.

SUBCHAPTER XX - KLAMATH PROJECT, OREGON-CALIFORNIA

601 to 612. Omitted or Repealed.

SUBCHAPTER XXI - GILA PROJECT, ARIZONA

613 to 613e. Omitted.

SUBCHAPTER XXII - WASHOE PROJECT, NEVADA-CALIFORNIA

614 to 614d. Omitted.

SUBCHAPTER XXIII - WASHITA RIVER BASIN PROJECT, OKLAHOMA

615 to 615e. Omitted.

SUBCHAPTER XXIV - CROOKED RIVER PROJECT, OREGON

615f to 615j-1. Omitted.

SUBCHAPTER XXV - LITTLE WOOD RIVER PROJECT, IDAHO

615k to 615n. Omitted.

SUBCHAPTER XXVI - SAN ANGELO PROJECT, TEXAS

615o to 615r. Omitted.

SUBCHAPTER XXVII - SPOKANE VALLEY PROJECT, WASHINGTON AND IDAHO

615s to 615u. Omitted.

SUBCHAPTER XXVIII - DALLAS PROJECT, OREGON

615v to 615x. Omitted.

SUBCHAPTER XXIX - NORMAN PROJECT, OKLAHOMA

615aa to 615hh. Omitted.

SUBCHAPTER XXX - NAVAJO IRRIGATION PROJECT, NEW MEXICO; SAN

JUAN-CHAMA PROJECT, COLORADO-NEW MEXICO

615ii to 615zz. Omitted.

SUBCHAPTER XXXI - CLOSED BASIN DIVISION; SAN LUIS VALLEY PROJECT,

COLORADO

615aaa to 615iii. Omitted.

SUBCHAPTER XXXII - BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO

615jjj to 615ooo. Omitted.

SUBCHAPTER XXXIII - SALMON FALLS DIVISION, UPPER SNAKE RIVER

PROJECT, IDAHO

615ppp to 615www. Omitted.

SUBCHAPTER XXXIV - O'NEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM,

NEBRASKA

615xxx to 615cccc. Omitted.

SUBCHAPTER XXXV - NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN

PROGRAM, NEBRASKA

615dddd to 615jjjj. Omitted.

SUBCHAPTER XXXVI - POLECAT BENCH AREA, SHOSHONE EXTENSIONS UNIT,

PICK-SLOAN MISSOURI BASIN PROGRAM, WYOMING

615kkkk to 615kkkk-6. Omitted.

SUBCHAPTER XXXVII - POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN

PROGRAM, SOUTH DAKOTA

615llll to 615llll-6. Omitted or Repealed.

SUBCHAPTER XXXVIII - FRYINGPAN-ARKANSAS PROJECT, COLORADO

616 to 616f. Omitted.

SUBCHAPTER XXXIX - MANN CREEK PROJECT, IDAHO

616g to 616j. Omitted.

SUBCHAPTER XL - ARBUCKLE PROJECT, OKLAHOMA

616k to 616s. Omitted.

SUBCHAPTER XLI - BAKER PROJECT, OREGON

616t to 616w. Omitted.

SUBCHAPTER XLII - DIXIE PROJECT, UTAH

616aa to 616hh. Omitted.

SUBCHAPTER XLIII - SAVERY-POTHOOK PROJECT, COLORADO-WYOMING;

BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLORADO

616ii to 616mm. Omitted.

SUBCHAPTER XLIV - LOWER TETON DIVISION OF TETON BASIN PROJECT,

IDAHO

616nn to 616rr. Omitted.

SUBCHAPTER XLV - WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT,

WASHINGTON

616ss to 616vv-5. Omitted.

SUBCHAPTER XLVI - MCKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON

616ww to 616ww-5. Omitted.

SUBCHAPTER XLVII - AUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION:

CENTRAL VALLEY PROJECT, CALIFORNIA

616aaa to 616fff-7. Omitted.

SUBCHAPTER XLVIII - SOUTHERN NEVADA PROJECT, NEVADA

616ggg to 616mmm. Omitted.

SUBCHAPTER XLIX - TUALATIN PROJECT, OREGON

616nnn to 616sss. Omitted.

SUBCHAPTER L - MISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA

616ttt to 616yyy. Omitted.

SUBCHAPTER LI - MOUNTAIN PARK PROJECT, OKLAHOMA

616aaaa to 616ffff-2. Omitted.

SUBCHAPTER LII - PALMETTO BEND PROJECT, TEXAS

616gggg to 616llll. Omitted.

SUBCHAPTER LIII - MERLIN DIVISION; ROGUE RIVER BASIN PROJECT,

OREGON

616mmmm to 616ssss. Omitted.

SUBCHAPTER LIV - TOUCHET DIVISION; WALLA WALLA PROJECT,

OREGON-WASHINGTON

616tttt to 616yyyy. Omitted.

-End-

-CITE-

43 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

43 USC Sec. 371 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 371. Definitions

-STATUTE-

When used in sections 371, 376, 377, 412, 417, 433, 462, 466,

478, 493, 494, 500, 501, and 526 of this title -

(a) The word "Secretary" means the Secretary of the Interior.

(b) The words "reclamation law" mean the Act of June 17, 1902 (32

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

thereto.

reclamation law.

(d) The word "project" means a Federal irrigation project

authorized by the reclamation law.

(e) The words "division of a project" mean a substantial

irrigable area of a project designated as a division by order of

the Secretary.

-SOURCE-

(Dec. 5, 1924, ch. 4, Sec. 4, subsec. A, 43 Stat. 701.)

-REFTEXT-

REFERENCES IN TEXT

Act June 17, 1902, referred to in par. (b), is popularly known as

the Reclamation Act or National Irrigation Act of 1902, which is

classified generally to this chapter. For complete classification

of this Act to the Code, see Short Title note below and Tables.

-MISC1-

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-575, Sec. 1, Oct. 30, 1992, 106 Stat. 4600, provided

that: "This Act [enacting sections 390h to 390h-15 of this title

and sections 460l-31 to 460l-34, 470h-4, 470h-5, and 470x to 470x-6

of Title 16, Conservation, amending sections 390g-2, 390g-3,

390g-5, 1521, and 1524 of this title, sections 460l-13 to 460l-15,

460l-18, 466, 470-1, 470a, 470b, 470c, 470h, 470h-2, 470h-3, 470i,

470s, 470t, 470w, and 470w-3 of Title 16, and section 390 of Title

25, Indians, enacting provisions set out as notes under this

section and sections 390h, 620k, 1521, and 1524 of this title,

sections 460l-31, 470, and 470a of Title 16, and section 390 of

Title 25, and amending provisions set out as a note under section

461 of Title 16] may be cited as the 'Reclamation Projects

Authorization and Adjustment Act of 1992'."

SHORT TITLE OF 1984 AMENDMENTS

For short title of Pub. L. 98-434 as the "High Plains States

Groundwater Demonstration Program Act of 1983", see section 1 of

Pub. L. 98-434, set out as a Short Title note under section 390g of

this title.

For short title of Pub. L. 98-404 as "The Reclamation Safety of

Dams Act Amendments of 1984", see section 1 of Pub. L. 98-404, set

out as a note under section 506 of this title.

SHORT TITLE OF 1978 AMENDMENT

For short title of Pub. L. 95-578 as the "Reclamation Safety of

Dams Act of 1978", see section 1 of Pub. L. 95-578, set out as a

note under section 506 of this title.

SHORT TITLE OF 1958 AMENDMENT

For short title of title III of Pub. L. 85-500, which enacted

section 390b of this title, as the "Water Supply Act of 1958", see

section 302 of Pub. L. 85-500, set out as a Short Title note under

section 390b of this title.

SHORT TITLE

Act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which

enacted sections 372, 373, 381, 383, 391, 392, 411, 416, 419, 421,

431, 432, 434, 439, 461, 476, 491, and 498 of this title, is

popularly known as the "Reclamation Act" or "National Irrigation

Act of 1902".

Act Dec. 5, 1924, ch. 4, Sec. 4, 43 Stat. 701, as amended, which

enacted this section and sections 376, 377, 412, 417, 433, 438,

462, 463, 466, 467, 473, 474, 478, 493, 494, 500, 501, and 526 of

this title, is popularly known as the "Fact Finders' Act".

WESTERN WATER POLICY REVIEW

Pub. L. 104-46, title V, Sec. 502, Nov. 13, 1995, 109 Stat. 419,

provided that: "Notwithstanding the provisions of any other law,

the report referred to in title 30 [XXX] of Public Law 102-575 [set

out below] shall be submitted within five years from the date of

enactment of that Act [Oct. 30, 1992]."

Pub. L. 102-575, title XXX, Oct. 30, 1992, 106 Stat. 4693, as

amended by Pub. L. 103-437, Sec. 16(a)(2), Nov. 2, 1994, 108 Stat.

4594, provided that:

"SEC. 3001. SHORT TITLE.

"This title may be cited as the 'Western Water Policy Review Act

of 1992'.

"SEC. 3002. CONGRESSIONAL FINDINGS.

"The Congress finds that -

"(1) the Nation needs an adequate water supply for all states

[States] at a reasonable cost;

"(2) the demands on the Nation's finite water supply are

increasing;

"(3) coordination on both the Federal level and the local level

is needed to achieve water policy objectives;

"(4) not less than fourteen agencies of the Federal Government

are currently charged with functions relating to the oversight of

water policy;

"(5) the diverse authority over Federal water policy has

resulted in unclear goals and an inefficient handling of the

Nation's water policy;

"(6) the conflict between competing goals and objectives by

Federal, State, and local agencies as well as by private water

users is particularly acute in the nineteen Western States which

have arid climates which include the seventeen reclamation

States, Hawaii, and Alaska;

"(7) the appropriations doctrine of water allocation which

characterizes most western water management regimes varies from

State to State, and results in many instances in increased

competition for limited resources;

"(8) the Federal Government has recognized and continues to

recognize the primary jurisdiction of the several States over the

allocation, priority, and use of water resources of the States,

except to the extent such jurisdiction has been preempted in

whole or in part by the Federal Government, including, but not

limited to, express or implied Federal reserved water rights

either for itself or for the benefit of Indian Tribes, and that

the Federal Government will, in exercising its authorities,

comply with applicable State laws;

"(9) the Federal Government recognizes its trust

responsibilities to protect Indian water rights and assist Tribes

in the wise use of those resources;

"(10) Federal agencies, such as the Bureau of Reclamation, have

had, and will continue to have major responsibilities in

assisting States in the wise management and allocation of scarce

water resources; and

"(11) the Secretary of the Interior, given his responsibilities

for management of public land, trust responsibilities for

Indians, administration of the reclamation program,

investigations and reviews into ground water resources through

the Geologic Survey [now United States Geological Survey], and

the Secretary of the Army, given his responsibilities for flood

control, water supply, hydroelectric power, recreation, and fish

and wildlife enhancement, have the resources to assist in a

comprehensive review, in consultation with appropriate officials

from the nineteen Western States, into the problems and potential

solutions facing the nineteen Western States and the Federal

Government in the increasing competition for the scarce water

resources of the Western States.

"SEC. 3003. PRESIDENTIAL REVIEW.

"(a) The President is directed to undertake a comprehensive

review of Federal activities in the nineteen Western States which

directly or indirectly affect the allocation and use of water

resources, whether surface or subsurface, and to submit a report on

the President's findings, together with recommendations, if any, to

the Committees on Energy and Natural Resources, Environment and

Public Works and Appropriations of the Senate and the Committees on

Natural Resources [now Resources], Public Works and Transportation

[now Transportation and Infrastructure], Merchant Marine and

Fisheries and Appropriations of the House of Representatives.

"(b) Such report shall be submitted within three years from the

date of enactment of this Act [Oct. 30, 1992].

"(c) In conducting the review and preparing the report, the

President is directed to consult with the Advisory Commission

established under section 3004 of this title, and may request the

Secretary of the Interior and the Secretary of the Army or other

Federal officials or the Commission to undertake such studies or

other analyses as the President determines would assist in the

review.

"(d) The President shall consult periodically with the

Commission, and upon the request of the President, the heads of

other Federal agencies are directed to cooperate with and assist

the Commission in its activities.

"SEC. 3004. THE ADVISORY COMMISSION.

"(a) The President shall appoint an Advisory Commission

(hereafter in this title referred to as the 'Commission') to assist

in the preparation and review of the report required under this

title.

"(b) The Commission shall be composed of eighteen members as

follows:

"(1) Ten members appointed by the President including:

"(A) the Secretary of the Interior or his designee;

"(B) the Secretary of the Army or his designee;

"(C) at least one representative chosen from a list submitted

by the Western Governors Association; and

"(D) at least one representative chosen from a list submitted

by Tribal governments located in the Western States.

"(2) In addition to the ten members appointed by the President,

twelve Members from the United States Congress shall serve as ex

officio members of the Commission. For the United States Senate:

the Chairmen and the Ranking Minority Members of the Committees

on Energy and Natural Resources, and Appropriations, and the

Subcommittee of the Committee on Energy and Natural Resources

which has jurisdiction over the Bureau of Reclamation. For the

United States House of Representatives: the Chairman [Chairmen]

and Ranking Minority Members of the Committees on Natural

Resources [now Resources], Public Works and Transportation [now

Transportation and Infrastructure], and Appropriations.

"(c) The President shall appoint one member of the Commission to

serve as Chairman.

"(d) Any vacancy which may occur on the Commission shall be

filled in the same manner in which the original appointment was

made.

"(e) Members of the Commission shall serve without compensation

but shall be reimbursed for travel, subsistence, and other

necessary expenses incurred by them in the performance of their

duties.

"SEC. 3005. DUTIES OF THE COMMISSION.

"The Commission shall -

"(1) review present and anticipated water resource problems

affecting the nineteen Western States, making such projections of

water supply requirements as may be necessary and identifying

alternative ways of meeting these requirements - giving

considerations, among other things, to conservation and more

efficient use of existing supplies, innovations to encourage the

most beneficial use of water and recent technological advances;

"(2) examine the current and proposed Federal programs

affecting such States and recommend to the President whether they

should be continued or adopted and, if so, how they should be

managed for the next twenty years, including the possible

reorganization or consolidation of the current water resources

development and management agencies;

"(3) review the problems of rural communities relating to water

supply, potable water treatment, and wastewater treatment;

"(4) review the need and opportunities for additional storage

or other arrangements to augment existing water supplies

including, but not limited to, conservation;

"(5) review the history, use, and effectiveness of various

institutional arrangements to address problems of water

allocation, water quality, planning, flood control and other

aspects of water development and use, including, but not limited

to, interstate water compacts, Federal-State regional

corporations, river basin commissions, the activities of the

Water Resources Council, municipal and irrigation districts and

other similar entities with specific attention to the authorities

of the Bureau of Reclamation under reclamation law and the

Secretary of the Army under water resources law;

"(6) review the legal regime governing the development and use

of water and the respective roles of both the Federal Government

and the States over the allocation and use of water, including an

examination of riparian zones, appropriation and mixed systems,

market transfers, administrative allocations, ground water

management, interbasin transfers, recordation of rights,

Federal-State relations including the various doctrines of

Federal reserved water rights (including Indian water rights and

the development in several States of the concept of a public

trust doctrine); and

"(7) review the activities, authorities, and responsibilities

of the various Federal agencies with direct water resources

management responsibility, including but not limited to the

Bureau of Reclamation, the Department of the Army, and those

agencies whose decisions would impact on water resource

availability and allocation, including, but not limited to, the

Federal Energy Regulatory Commission.

"SEC. 3006. REPRESENTATIVES.

"(a) The Chairman of the Commission shall invite the Governor of

each Western State to designate a representative to work closely

with the Commission and its staff in matters pertaining to this

title.

"(b) The Commission, at its discretion, may invite appropriate

public or private interest groups including, but not limited to,

Indian and Tribal organizations to designate a representative to

work closely with the Commission and its staff in matters

pertaining to this title.

"SEC. 3007. POWERS OF THE COMMISSION.

"(a) The Commission may -

"(1) hold such hearings, sit and act at such times and places,

take such testimony, and receive such evidence as it may deem

advisable;

"(2) use the United States mail in the same manner and upon the

same conditions as other departments and agencies of the United

States;

"(3) enter into contracts or agreements for studies and surveys

with public and private organizations and transfer funds to

Federal agencies to carry out such aspects of the Commission's

functions as the Commission determines can best be carried out in

that manner; and

"(4) incur such necessary expenses and exercise such other

powers as are consistent with and reasonably required to perform

its functions under this title.

"(b) Any member of the Commission is authorized to administer

oaths when it is determined by a majority of the Commission that

testimony shall be taken or evidence received under oath.

"(c) The Commission shall have a Director who shall be appointed

by the Commission and who shall be paid at a rate not to exceed the

maximum rate of basic pay payable for level II of the Executive

Schedule.

"(1) With the approval of the Commission, the Director may

appoint and fix the pay of such personnel as the Director

considers appropriate but only to the extent that such personnel

cannot be obtained from the Secretary of the Interior or by

detail from other Federal agencies. Such personnel may be

appointed without regard to the provisions of title 5, United

States Code, governing appointments in the competitive service,

and may be paid without regard to the provisions of chapter 51

and subchapter III of chapter 53 of such Title relating to

classification and General Schedule pay rates.

"(2) With the approval of the Commission, the Director may

procure temporary and intermittent services under section 3109(b)

of title 5 of the United States Code, but at rates for

individuals not to exceed the daily equivalent of the maximum

annual rate of basic pay payable for GS-18 of the General

Schedule.

"(d) The Secretary of the Interior and the Secretary of the Army

shall provide such office space, furnishings and equipment as may

be required to enable the Commission to perform its functions. The

Secretary shall also furnish the Commission with such staff,

including clerical support, as the Commission may require.

"SEC. 3008. POWERS AND DUTIES OF THE CHAIRMAN.

"(a) Subject to general policies adopted by the Commission, the

Chairman shall be the chief executive of the Commission and shall

exercise its executive and administrative powers as set forth in

paragraphs (2) through (4) of section 3007(a).

"(b) The Chairman may make such provisions as he shall deem

appropriate authorizing the performance of any of his executive and

administrative functions by the Director or other personnel of the

Commission.

"SEC. 3009. OTHER FEDERAL AGENCIES.

"(a) The Commission shall, to the extent practicable, utilize the

services of the Federal water resource agencies.

"(b) Upon request of the Commission, the President may direct the

head of any other Federal department or agency to assist the

Commission and such head of any Federal department or agency is

authorized -

"(1) to furnish to the Commission, to the extent permitted by

law and within the limits of available funds, including funds

transferred for that purpose pursuant to section 3007(a)(7) of

this title, such information as may be necessary for carrying out

its functions and as may be available to or procurable by such

department or agency, and

"(2) to detail to temporary duty with the Commission on a

reimbursable basis such personnel within his administrative

jurisdiction as it may need or believe to be useful for carrying

out its functions, each such detail to be without loss of

seniority, pay, or other employee status.

"(c) Financial and administrative services (including those

related to budgeting, accounting, financial reporting, personnel,

and procurement) shall be provided the Commission by the Secretary

of the Interior.

"SEC. 3010. APPROPRIATIONS.

"There are hereby authorized to be appropriated not to exceed

$10,000,000 to carry out the purposes of sections 3001 through 3009

of this title."

[References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.]

[Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For

treatment of references to Committee on Merchant Marine and

Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note

preceding section 21 of Title 2, The Congress.]

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Reclamation Act is referred to in sections 373a, 374, 375,

375b, 384, 390, 390h, 390aa, 391a, 393, 413, 420, 422, 422b, 423h,

425, 434, 441, 442, 446, 447, 448, 451i, 455 to 455b, 472, 485a,

485h-5, 499a, 504, 505, 506, 508, 511, 522 to 525, 541, 544, 545,

547, 561, 564, 593a, 593b, 595, 597, 600b, 617k, 620c, 626, 628,

1303, 1511, 1554, 1573, 1592, 2201, 2212, 2222, 2223 of this title;

title 7 section 1860; title 16 sections 406d-5, 460l-18 to 460l-20,

460l-32, 460l-33, 590z-8, 590z-11; title 25 section 382; title 30

sections 83, 84, 125, 191; title 50 App. section 568.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390aa, 417, 493, 500 of

this title.

-End-

-CITE-

43 USC Sec. 372 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 372. Water right as appurtenant to land and extent of right

-STATUTE-

The right to the use of water acquired under the provisions of

this Act shall be appurtenant to the land irrigated, and beneficial

use shall be the basis, the measure, and the limit of the right.

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 8, 32 Stat. 390.)

-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 the proviso in section 8 of act June 17,

1902. Remainder of section 8 is classified to section 383 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 390b, 421g of this title.

-End-

-CITE-

43 USC Sec. 373 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 373. General authority of Secretary of the Interior

-STATUTE-

The Secretary of the Interior 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 out the provisions of this

Act into full force and effect.

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 10, 32 Stat. 390; Aug. 13, 1914, ch.

247, Sec. 15, 38 Stat. 690.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, refers both to act June 17, 1902,

popularly known as the Reclamation Act, and to act Aug. 13, 1914.

See Codification note set out below. For classification of act June

17, 1902 to the Code, see Short Title note set out under section

371 of this title and Tables. Act Aug. 13, 1914, 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.

-COD-

CODIFICATION

Act Aug. 13, 1914, cited as a credit to this section, did not

amend act July 17, 1902, but contained identical provisions.

-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 475 of this title.

-End-

-CITE-

43 USC Sec. 373a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 373a. Commissioner of Reclamation; appointment

-STATUTE-

Under the supervision and direction of the Secretary of the

Interior, the reclamation of arid lands, under the Act of June 17,

1902, and Acts amendatory thereof and supplementary thereto, shall

be administered by a Commissioner of Reclamation who shall be

appointed by the President by and with the advice and consent of

the Senate.

-SOURCE-

(May 26, 1926, ch. 401, 44 Stat. 657; Pub. L. 97-293, title II,

Sec. 229, Oct. 12, 1982, 96 Stat. 1274.)

-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.

-COD-

CODIFICATION

Provisions of this section which prescribed the basic

compensation of Commissioner were omitted to conform to the

provisions of the Executive Schedule. See section 5316 of Title 5,

Government Organization and Employees.

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-293 inserted requirement that Commissioner of

Reclamation be appointed by and with advice and consent of Senate.

-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-

COMPENSATION OF COMMISSIONER

Compensation of Commissioner, see section 5316 of Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

16 section 833a.

-End-

-CITE-

43 USC Sec. 373a-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 373a-1. Repealed. Pub. L. 88-426, title III, Sec. 305(35),

Aug. 14, 1964, 78 Stat. 426

-MISC1-

Section, Pub. L. 87-880, title II, Sec. 200, Oct. 24, 1962, 76

Stat. 1223, prescribed compensation of Commissioner of Reclamation.

See section 5316 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF REPEAL

Repeal effective on first day of first pay period which begins on

or after July 1, 1964, see section 501 of Pub. L. 88-426.

-End-

-CITE-

43 USC Sec. 373b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 373b. Law enforcement authority at Bureau of Reclamation

facilities

-STATUTE-

(a) Public safety regulations

The Secretary of the Interior shall issue regulations necessary

to maintain law and order and protect persons and property within

Reclamation projects and on Reclamation lands.

(b) Violations; criminal penalties

Any person who knowingly and willfully violates any regulation

issued under subsection (a) of this section shall be fined under

chapter 227, subchapter C of title 18, imprisoned for not more than

6 months, or both. Any person charged with a violation of a

regulation issued under subsection (a) of this section may be tried

and sentenced by any United States magistrate judge designated for

that purpose by the court by which he was appointed, in the same

manner and subject to the same conditions and limitations as

provided for in section 3401 of title 18.

The Secretary of the Interior may -

(1) authorize law enforcement personnel from the Department of

the Interior to act as law enforcement officers to enforce

Federal laws and regulations within a Reclamation project or on

Reclamation lands;

(2) authorize law enforcement personnel of any other Federal

agency that has law enforcement authority (with the exception of

the Department of Defense) or law enforcement personnel of any

State or local government, including an Indian tribe, when deemed

economical and in the public interest, through cooperative

agreement or contract, to act as law enforcement officers to

enforce Federal laws and regulations within a Reclamation project

or on Reclamation lands with such enforcement powers as may be so

assigned to them by the Secretary;

(3) cooperate with any State or local government, including an

Indian tribe, in the enforcement of the laws or ordinances of

that State or local government; and

(4) provide reimbursement to a State or local government,

including an Indian tribe, for expenditures incurred in

connection with activities under paragraph (2).

(d) Powers of law enforcement officers

A law enforcement officer authorized by the Secretary of the

Interior under subsection (c) of this section may -

(1) carry firearms within a Reclamation project or on

Reclamation lands;

(2) make arrests without warrants for -

(A) any offense against the United States committed in his

presence; or

(B) any felony cognizable under the laws of the United States

if he has -

(i) reasonable grounds to believe that the person to be

arrested has committed or is committing such a felony; and

(ii) such arrest occurs within a Reclamation project or on

Reclamation lands or the person to be arrested is fleeing

therefrom to avoid arrest;

(3) execute within a Reclamation project or on Reclamation

lands any warrant or other process issued by a court or officer

of competent jurisdiction for the enforcement of the provisions

of any Federal law or regulation issued pursuant to law for any

offense committed within a Reclamation project or on Reclamation

lands; and

(4) conduct investigations within a Reclamation project or on

Reclamation lands of offenses against the United States committed

within a Reclamation project or on Reclamation lands if the

Federal law enforcement agency having investigative jurisdiction

over the offense committed declines to investigate the offense.

(e) Legal status of State or local law enforcement officers

(1) State or local officers not Federal employees

Except as otherwise provided in this section, a law enforcement

officer of any State or local government, including an Indian

tribe, authorized to act as a law enforcement officer under

subsection (c) of this section shall not be deemed to be a

Federal employee and shall not be subject to the provisions of

law relating to Federal employment, including those relating to

hours of work, rates of compensation, employment discrimination,

leave, unemployment compensation, and Federal benefits.

(2) Application of Federal Tort Claims Act

For purposes of chapter 171 of title 28 (commonly known as the

Federal Tort Claims Act), a law enforcement officer of any State

or local government, including an Indian tribe, shall, when

acting as a law enforcement officer under subsection (c) of this

section and while under Federal supervision and control, and only

when carrying out Federal law enforcement responsibilities, be

considered a Federal employee.

(3) Availability of workers compensation

For purposes of subchapter I of chapter 81 of title 5, relating

to compensation to Federal employees for work injuries, a law

enforcement officer of any State or local government, including

an Indian tribe, shall, when acting as a law enforcement officer

under subsection (c) of this section and while under Federal

supervision and control, and only when carrying out Federal law

enforcement responsibilities, be deemed a civil service employee

of the United States within the meaning of the term employee as

defined in section 8101 of title 5, and the provisions of that

subchapter shall apply. Benefits under such subchapter shall be

reduced by the amount of any entitlement to State or local

workers compensation benefits arising out of the same injury or

death.

(f) Concurrent jurisdiction

Nothing in this section shall be construed or applied to limit or

restrict the investigative jurisdiction of any Federal law

enforcement agency, or to affect any existing right of a State or

local government, including an Indian tribe, to exercise civil and

criminal jurisdiction within a Reclamation project or on

Reclamation lands.

(g) Regulations

Except for the authority provided in section 2(c)(1),(!1) the law

enforcement authorities provided for in this section may be

exercised only pursuant to regulations issued by the Secretary of

the Interior and approved by the Attorney General.

-SOURCE-

(Pub. L. 107-69, Sec. 1, Nov. 12, 2001, 115 Stat. 593.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 373c of this title.

-FOOTNOTE-

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

-End-

-CITE-

43 USC Sec. 373c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 373c. Definitions

-STATUTE-

In this section and section 373b of this title:

(1) Law enforcement personnel

The term "law enforcement personnel" means an employee of a

Federal, State, or local government agency, including an Indian

tribal agency, who has successfully completed law enforcement

training approved by the Secretary and is authorized to carry

firearms, make arrests, and execute service of process to enforce

criminal laws of his or her employing jurisdiction.

(2) Reclamation project; reclamation lands

The terms "Reclamation project" and "Reclamation lands" have

the meaning given such terms in section 460l-32 of title 16.

-SOURCE-

(Pub. L. 107-69, Sec. 2, Nov. 12, 2001, 115 Stat. 595.)

-End-

-CITE-

43 USC Sec. 374 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 374. Sale of lands acquired in connection with irrigation

project

-STATUTE-

Whenever in the opinion of the Secretary of the Interior any

lands which have been acquired under the provisions of the Act of

June 17, 1902 (32 Stat. 388), commonly called the "Reclamation Act"

or under the provisions of any act amendatory thereof or

supplementary thereto, for any irrigation works contemplated by the

reclamation law, are not needed for the purposes for which they

were acquired, said Secretary of the Interior may cause said lands,

together with the improvements thereon, to be appraised by three

disinterested persons, to be appointed by him, and thereafter to

sell the same for not less than the appraised value at public

auction to the highest bidder, after giving public notice of the

time and place of sale by posting upon the land and by publication

for not less than thirty days in a newspaper of general circulation

in the vicinity of the land.

Upon payment of the purchase price, the Secretary of the Interior

is authorized by appropriate deed to convey all the right, title,

and interest of the United States of, in, and to said lands to the

purchaser at said sale, subject, however, to such reservations,

limitations, or conditions as said Secretary may deem proper:

Provided, That not over one hundred and sixty acres shall be sold

to any one person.

The moneys derived from the sale of such lands shall be covered

into the reclamation fund and be placed to the credit of the

project for which such lands had been acquired.

-SOURCE-

(Feb. 2, 1911, ch. 32, Secs. 1-3, 36 Stat. 895.)

-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 375a of this title.

-End-

-CITE-

43 USC Sec. 375 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 375. Sale of land improved at expense of reclamation fund

-STATUTE-

Whenever in the opinion of the Secretary of the Interior any

public lands which have been withdrawn for or in connection with

construction or operation of reclamation projects under the

provisions of the Act of June 17, 1902, known as the Reclamation

Act, and acts amendatory thereof and supplementary thereto, which

are not otherwise reserved and which have been improved by and at

the expense of the reclamation fund for administration or other

like purposes, are no longer needed for the purposes for which they

were withdrawn and improved, the Secretary of the Interior may

cause said lands, together with the improvements thereon, to be

appraised by three disinterested persons to be appointed by him,

and thereafter sell the same, for not less than the appraised

value, at public auction to the highest bidder, after giving public

notice of the time and place of sale by posting upon the land and

by publication for not less than thirty days in a newspaper of

general circulation in the vicinity of the land; not less than

one-fifth the purchase price shall be paid at the time of sale, and

the remainder in not more than four annual payments with interest

at 6 per centum per annum, payable annually, on deferred payments.

Upon payment of the purchase price the Secretary of the Interior

is authorized, by appropriate patent, to convey all the right,

title, and interest of the United States in and to said lands to

the purchaser at said sale, subject, however, to such reservations,

limitations, or conditions as said Secretary may deem proper:

Provided, That not over one hundred and sixty acres shall be sold

to any one person, and if said lands are irrigable under the

project in which located they shall be sold subject to compliance

by the purchaser with all the terms, conditions, and limitations of

the reclamation law applicable to lands of that character:

Provided, That the accepted bidder must, prior to issuance of

patent, furnish satisfactory evidence that he or she is a citizen

of the United States.

The moneys derived from the sale of such lands shall be covered

into the reclamation fund and be placed to the credit of the

project for which such lands had been withdrawn.

-SOURCE-

(May 20, 1920, ch. 192, Secs. 1-3, 41 Stat. 605, 606.)

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 375a of this title.

-End-

-CITE-

43 USC Sec. 375a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 375a. Sale under sections 374 and 375 of lands appraised at

not exceeding $300

-STATUTE-

The Secretary in his discretion, in any instances where property

to be sold under section 374 or 375 of this title, is appraised at

not to exceed $300, may sell said property at public or private

sale without complying with the provisions of said sections as to

notice, publication, and mode of sale.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 11, 53 Stat. 1197.)

-COD-

CODIFICATION

Section was enacted as part of the Reclamation Project Act of

1939. See sections 387 to 389 and 485 et seq. of this title.

-CROSS-

DEFINITIONS

The definitions in section 485a of this title apply to this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 485, 485a, 485b, 485d,

485e, 485f, 485g, 485i, 485j, 485k of this title.

-End-

-CITE-

43 USC Sec. 375b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 375b. Disposal of tracts too small to be classed farm units

-STATUTE-

In accordance with the provisions of sections 375b to 375f of

this title and notwithstanding the provisions of any other law, the

Secretary of the Interior, hereinafter styled the Secretary, is

authorized, in connection with any Federal irrigation project for

which water is available, and after finding that such action will

be in furtherance of the irrigation project and the Act of June 17,

1902 (32 Stat. 388), and Acts amendatory thereof or supplemental

thereto, hereinafter styled the Reclamation Act, to dispose of any

tract of withdrawn public land which, in the opinion of the

Secretary, has less than sufficient acreage reasonably required for

the support of a family and is too small to be opened to homestead

entry and classed as a farm unit under the Reclamation Act.

-SOURCE-

(Mar. 31, 1950, ch. 78, Sec. 1, 64 Stat. 39.)

-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 sections 375c, 375f of this title.

-End-

-CITE-

43 USC Sec. 375c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 375c. Sales of small tracts to resident farm owners and

entrymen; price; terms; acreage purchasable

-STATUTE-

The Secretary is authorized to sell such land 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 such resident farm landowner or resident entryman shall be

permitted to purchase under sections 375b to 375f of this title not

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

which, together with land already owned or entered on such project

shall not exceed one hundred and sixty irrigable acres.

-SOURCE-

(Mar. 31, 1950, ch. 78, Sec. 2, 64 Stat. 39.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 375b, 375f of this title.

-End-

-CITE-

43 USC Sec. 375d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 375d. Issuance of patent for small tracts; reservations

-STATUTE-

After the purchaser has paid to the United States all the amount

on the purchase price of such land, a patent shall be issued. Such

patents shall 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 and also other reservations, limitations, or

conditions as now provided by law.

-SOURCE-

(Mar. 31, 1950, ch. 78, Sec. 3, 64 Stat. 40.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 375b, 375c, 375f of this

title.

-End-

-CITE-

43 USC Sec. 375e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 375e. Moneys from sale of small tracts covered into

reclamation fund; credit

-STATUTE-

The moneys derived from the sale of such lands shall be covered

into the reclamation fund and be placed to the credit of the

project on which such lands are located.

-SOURCE-

(Mar. 31, 1950, ch. 78, Sec. 4, 64 Stat. 40.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 375b, 375c, 375f of this

title.

-End-

-CITE-

43 USC Sec. 375f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 375f. Rules and regulations

-STATUTE-

The Secretary of the Interior is authorized to perform any and

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

carrying out the purposes of sections 375b to 375f of this title.

-SOURCE-

(Mar. 31, 1950, ch. 78, Sec. 5, 64 Stat. 40.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 375b, 375c of this title.

-End-

-CITE-

43 USC Sec. 376 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 376. Return of land donations not needed

-STATUTE-

Where real property or any interest therein heretofore has been,

or hereafter shall be, donated and conveyed to the United States

for use in connection with a project, and the Secretary decides not

to utilize the donation, he is authorized without charge to

reconvey such property or any part thereof to the donating grantor,

or to the heirs, successors, or assigns of such grantor.

-SOURCE-

(Dec. 5, 1924, ch. 4, Sec. 4, subsec. Q, 43 Stat. 704.)

-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. 377 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 377. General expenses of Bureau of Reclamation chargeable to

general reclamation fund

-STATUTE-

The cost and expense after June 30, 1945, of the office of the

Commissioner in the District of Columbia, and, except for such cost

and expense as are incurred on behalf of specific projects, of

general investigations and of nonproject offices outside the

District of Columbia, shall be charged to the reclamation fund and

shall not be charged as a part of the reimbursable construction or

operation and maintenance costs.

-SOURCE-

(Dec. 5, 1924, ch. 4, Sec. 4, subsec. O, 43 Stat. 704; Apr. 19,

1945, ch. 80, 59 Stat. 54.)

-MISC1-

AMENDMENTS

1945 - Act Apr. 19, 1945, amended section generally and made it

applicable after June 30, 1945.

-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.

-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. 377a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 377a. Limitation on use of funds where organizations or

individuals are in arrears on contract charges

-STATUTE-

No funds appropriated to the Bureau of Reclamation for operation

and maintenance in this Act or in subsequent Energy and Water

Development Appropriations Acts, except those derived from advances

by water users, shall on and after October 2, 1992, be used for the

particular benefits of lands (a) within the boundaries of an

irrigation district, (b) of any member of a water users'

organization, or (c) of any individual when such district,

organization, or individual is in arrears for more than twelve

months in the payment of charges due under a contract entered into

with the United States pursuant to laws administered by the Bureau

of Reclamation.

-SOURCE-

(Pub. L. 102-377, title II, Oct. 2, 1992, 106 Stat. 1331.)

-COD-

CODIFICATION

Section is from the appropriation act cited as the credit to this

section.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation acts:

Pub. L. 102-104, title II, Aug. 17, 1991, 105 Stat. 525.

Pub. L. 101-514, title II, Nov. 5, 1990, 104 Stat. 2086.

Pub. L. 101-101, title II, Sept. 29, 1989, 103 Stat. 655.

Pub. L. 100-371, title II, July 19, 1988, 102 Stat. 865.

Pub. L. 100-202, Sec. 101(d) [title II], Dec. 22, 1987, 101 Stat.

1329-104, 1329-117.

Pub. L. 99-500, Sec. 101(e) [title II], Oct. 18, 1986, 100 Stat.

1783-194, 1783-203, and Pub. L. 99-591, Sec. 101(e) [title II],

Oct. 30, 1986, 100 Stat. 3341-194, 3341-203.

Pub. L. 99-141, title II, Nov. 1, 1985, 99 Stat. 570.

Pub. L. 98-360, title II, July 16, 1984, 98 Stat. 410.

Pub. L. 98-50, title II, July 14, 1983, 97 Stat. 253.

Pub. L. 97-88, title II, Dec. 4, 1981, 95 Stat. 1140.

Pub. L. 96-367, title III, Oct. 1, 1980, 94 Stat. 1342.

Pub. L. 96-69, title III, Sept. 25, 1979, 93 Stat. 447.

Pub. L. 95-96, title III, Aug. 7, 1977, 91 Stat. 804.

Pub. L. 94-355, title III, July 12, 1976, 90 Stat. 896.

Pub. L. 94-180, title III, Dec. 26, 1975, 89 Stat. 1043.

Pub. L. 93-393, title III, Aug. 28, 1974, 88 Stat. 788.

Pub. L. 93-97, title III, Aug. 16, 1973, 87 Stat. 324.

Pub. L. 92-405, title III, Aug. 25, 1972, 86 Stat. 627.

Pub. L. 92-134, title III, Oct. 5, 1971, 85 Stat. 371.

Pub. L. 91-349, title III, Oct. 7, 1970, 84 Stat. 899.

Pub. L. 91-144, title III, Dec. 11, 1969, 83 Stat. 332.

Pub. L. 90-479, title II, Aug. 12, 1968, 82 Stat. 711.

Pub. L. 90-147, title II, Nov. 20, 1967, 81 Stat. 478.

Pub. L. 89-689, title II, Oct. 15, 1966, 80 Stat. 1009.

Pub. L. 89-299, title II, Oct. 28, 1965, 79 Stat. 1104.

Pub. L. 88-511, title II, Aug. 30, 1964, 78 Stat. 689.

Pub. L. 88-257, title II, Dec. 31, 1963, 77 Stat. 850.

Pub. L. 87-880, title II, Oct. 24, 1962, 76 Stat. 1222.

Pub. L. 87-330, title II, Sept. 30, 1961, 75 Stat. 727.

Pub. L. 86-700, title II, Sept. 2, 1960, 74 Stat. 748.

Pub. L. 86-254, title II, Sept. 10, 1959, 73 Stat. 497.

Pub. L. 85-863, title II, Sept. 2, 1958, 72 Stat. 1577.

Pub. L. 85-167, title II, Aug. 26, 1957, 71 Stat. 421.

July 2, 1956, ch. 490, title II, 70 Stat. 478.

July 15, 1955, ch. 370, title II, 69 Stat. 359.

July 1, 1954, ch. 446, title I, 68 Stat. 368.

July 31, 1953, ch. 298, title I, 67 Stat. 268.

July 9, 1952, ch. 597, title I, 66 Stat. 453.

Aug. 31, 1951, ch. 375, title I, 65 Stat. 258.

Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 688.

-End-

-CITE-

43 USC Sec. 377b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 377b. Availability of appropriations for Bureau of Reclamation

-STATUTE-

Appropriations for the Bureau of Reclamation in this Act or in

subsequent Energy and Water Development Appropriations Acts shall

on and after October 2, 1992, be available for payment of claims

for damages to or loss of property, personal injury, or death

arising out of activities of the Bureau of Reclamation; payment,

except as otherwise provided for, of compensation and expenses of

persons on the rolls of the Bureau of Reclamation appointed as

authorized by law to represent the United States in the

negotiations and administration of interstate compacts without

reimbursement or return under the reclamation laws; services as

authorized by section 3109 of title 5, in total not to exceed

$500,000 per year; rewards for information or evidence concerning

violations of law involving property under the jurisdiction of the

Bureau of Reclamation; performance of the functions specified under

the head "Operation and Maintenance Administration", Bureau of

Reclamation, in the Interior Department Appropriations Act (!1)

1945; preparation and dissemination of useful information including

recordings, photographs, and photographic prints; and studies of

recreational uses of reservoir areas, and investigation and

recovery of archeological and paleontological remains in such areas

in the same manner as provided for in the Acts of August 21, 1935

(16 U.S.C. 461-467) and June 27, 1960 (16 U.S.C. 469): Provided,

That on and after October 2, 1992, no part of any appropriation

made in this Act or in subsequent Energy and Water Development

Appropriations Acts shall be available pursuant to the Act of April

19, 1945 (43 U.S.C. 377), for expenses other than those incurred on

behalf of specific reclamation projects except "General

Administrative Expenses", amounts provided for plan formulation

investigations under the head "General Investigations", and amounts

provided for science and technology under the head "Construction

Program".

Sums appropriated in this Act or in subsequent Energy and Water

Development Appropriations Acts which are expended in the

performance of reimbursable functions of the Bureau of Reclamation

shall be returnable to the extent and in the manner provided by

law.

No part of any appropriation for the Bureau of Reclamation,

contained in this Act, in any prior Act, or in subsequent Energy

and Water Development Appropriations Acts which represents amounts

earned under the terms of a contract but remaining unpaid, shall be

obligated for any other purpose, regardless of when such amounts

are to be paid: Provided, That the incurring of any obligation

prohibited by this paragraph shall be deemed a violation of section

1341 of title 31.

None of the funds made available by this or any other Act or by

any subsequent Act shall on and after October 2, 1992, be used by

the Bureau of Reclamation for contracts for surveying and mapping

services unless such contracts for which a solicitation is issued

after the date of this Act (!2) are awarded in accordance with

title IX of the Federal Property and Administrative Service (!3)

Act of 1949.(!2)

-SOURCE-

(Pub. L. 102-377, title II, Oct. 2, 1992, 106 Stat. 1330, 1331.)

-REFTEXT-

REFERENCES IN TEXT

The 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.

The Interior Department Appropriations Act 1945, referred to in

text, is act June 28, 1944, ch. 298, 58 Stat. 463, which is not

classified to the Code. The heading "Operation and maintenance

administration" appears at 58 Stat. 487 following the heading

"Bureau of Reclamation" which appears at 58 Stat. 486.

Act of August 21, 1935, referred to in text, is act Aug. 21,

1935, ch. 593, 49 Stat. 666, as amended, popularly known as the

Historic Sites, Buildings and Antiquities Act, which is classified

generally to sections 461 to 467 of Title 16, Conservation. For

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

note set out under section 461 of Title 16 and Tables.

Act of June 27, 1960, referred to in text, is Pub. L. 86-523,

June 27, 1960, 74 Stat. 220, as amended, which enacted sections 469

to 469c-1 of Title 16. For complete classification of this Act to

the Code, see Tables.

Act of April 19, 1945 (43 U.S.C. 377), referred to in text, is

act April 19, 1945, ch. 80, 59 Stat. 54, which amended section 377

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

see Tables.

The date of this Act, referred to in text, probably means the

date of enactment of Pub. L. 102-377, which enacted this section,

and which was approved Oct. 2, 1992.

The Federal Property and Administrative Services Act of 1949,

referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377,

as amended. Title IX of the Act, which was classified generally to

subchapter VI (Sec. 541 et seq.) of chapter 10 of former Title 40,

Public Buildings, Property, and Works, was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapter 11 (Sec. 1101 et seq.) of Title 40, Public

Buildings, Property, and Works. For disposition of sections of

former Title 40 to revised Title 40, see Table preceding section

101 of Title 40. For complete classification of this Act to the

Code, see Tables.

-COD-

CODIFICATION

Section is comprised of the second, third, fourth, and sixth

undesignated pars. under headings "Bureau of Reclamation" and

"administrative provisions" in title II of Pub. L. 102-377, Oct. 2,

1992, 106 Stat. 1330, 1331.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

(!2) See References in Text note below.

(!3) So in original. Probably should be "Services".

-End-

-CITE-

43 USC Sec. 378 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 378. Omitted

-COD-

CODIFICATION

Section, act June 30, 1906, ch. 3912, 34 Stat. 663, authorized

Secretary of the Interior to contract for office accommodations for

Bureau of Reclamation in city of Washington. Construction of a

building to afford office space for the bureau was authorized by

act Mar. 4, 1913, ch. 147, Sec. 9, 37 Stat. 880.

-End-

-CITE-

43 USC Sec. 379 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 379. Purchase of scientific books, law books, etc.

-STATUTE-

The Secretary of the Interior may authorize the purchase of such

law books, books of reference, periodicals, engineering and

statistical publications as are needed in carrying out the surveys

and examinations authorized by the reclamation law.

-SOURCE-

(May 27, 1908, ch. 200, 35 Stat. 350.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation law, referred to in text, 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. 380 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 380. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-

Section, act July 1, 1918, ch. 113, 40 Stat. 675, authorized

purchases and procurement of services without advertising and

formal contract. See sections 5 and 252 of Title 41, Public

Contracts.

-End-

-CITE-

43 USC Secs. 380a, 380b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 380a, 380b. Omitted

-COD-

CODIFICATION

Section 380a, acts Aug. 4, 1939, ch. 418, Sec. 13, 53 Stat. 1197;

Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111, authorized purchases

by Bureau of Reclamation without compliance with former section 16

of Title 41, Public Contracts.

Section 380b, act July 9, 1952, ch. 597, title I, 66 Stat. 453,

which authorized transfer of surplus aircraft parts and equipment

to Bureau of Reclamation was from the Interior Department

Appropriation Act, 1953, and was not repeated in subsequent

appropriation acts.

A prior section 380b, act Aug. 31, 1951, ch. 375, title I, 65

Stat. 257, contained provisions similar to section 380b.

-End-

-CITE-

43 USC Sec. 381 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 381. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 639

-MISC1-

Section, acts June 17, 1902, ch. 1093, Sec. 5, 32 Stat. 389; Oct.

28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43

Stat. 1145, provided for commissions of registers and receivers of

land offices.

-End-

-CITE-

43 USC Sec. 382 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 382. Repealed. Pub. L. 87-304, Sec. 9(a)(3), Sept. 26, 1961,

75 Stat. 664

-MISC1-

Section, act May 27, 1908, ch. 200, 35 Stat. 350, related to

assignment of pay by employees of Bureau of Reclamation. See

section 5525 of Title 5, Government Organization and Employees.

-End-

-CITE-

43 USC Sec. 383 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 383. Vested rights and State laws unaffected

-STATUTE-

Nothing in this Act shall be construed as affecting or intended

to affect or to in any way interfere with the laws of any State or

Territory relating to the control, appropriation, use, or

distribution of water used in irrigation, or any vested right

acquired thereunder, and the Secretary of the Interior, in carrying

out the provisions of this Act, 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.

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 8, 32 Stat. 390.)

-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 section 8 (less proviso) of act June 17,

1902. The remainder of section 8 is classified to section 372 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 390b, 421g of this title.

-End-

-CITE-

43 USC Sec. 384 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 384. Extension of time for payment of charges accrued prior to

March 2, 1924, and January 1, 1925

-STATUTE-

(a) The Secretary of the Interior is authorized and empowered, in

his discretion, to defer the dates of payments of any charges,

rentals, and penalties which have accrued prior to the 2d day of

March, 1924, under the Act of June 17, 1902 (32 Stat. 388), and

amendatory and supplemental acts or prior to that date, as against

water users on any irrigation project being constructed or operated

and maintained under the direction of the Commissioner of Indian

Affairs, as may, in his judgment, be necessary in or concerning any

irrigation project existing on May 9, 1924, under said act:

Provided, That no payment shall be deferred under this section in

any particular case beyond March 1, 1927: Provided, That upon such

adjustment being made, any penalties or interest which may have

accrued in connection with such unpaid construction and operation

and maintenance charges shall be canceled, and in lieu thereof the

amount so due, and the payment of which is hereby extended, shall

draw interest at the rate of 5 per centum per annum, paid annually

from the time said amount became due to date of payment: And

provided further, That in case the principal and interest herein

provided for are not paid in the manner and at the time provided by

this section, any penalty provided by the law in effect on May 9,

1924, shall thereupon attach from the date of such default.

(b) Where an individual water user, or individual applicant for a

water right under a Federal irrigation project constructed or being

constructed under the Act of June 17, 1902 (32 Stat. 388), or any

act amendatory thereof or supplementary thereto, makes application

prior to January 1, 1925, alleging that he will be unable to make

the payments as required in subsection (a) of this section, the

Secretary of the Interior is authorized in his discretion prior to

March 1, 1925, to add such accrued and unpaid charges to the

construction charge of the land of such water user or applicant,

and to distribute such accumulated charges equally over each of the

subsequent years, beginning with the year 1925, or, in the

discretion of the Secretary, distribute a total of one-fourth over

the first half of the remaining years of the 20-year period

beginning with the year 1925, and three-fourths over the second

half of such period, so as to complete the payment during the

remaining years of the 20-year period of payment of the original

construction charge: Provided, That upon such adjustment being

made, any penalties or interest which may have accrued in

connection with such unpaid construction and operation and

maintenance charges shall be canceled, and in lieu thereof the

amount so due, and the payment of which is extended, shall draw

interest at the rate of 5 per centum per annum, paid annually from

the time said amount became due to the date of payment: Provided

further, That the applicant for the extension shall first show to

the satisfaction of the Secretary of the Interior detailed

statement of his assets and liabilities and probable inability to

make payment at the time required in subsection (a) of this

section: And provided further, That in case the principal and

interest herein provided for are not paid in the manner and at the

time provided by this section, any penalty provided by law, prior

to May 9, 1924, shall thereupon attach from the date of such

default: And provided further, That similar relief in whole or in

part may be extended by the Secretary of the Interior to a legally

organized group of water users of a project, upon presentation of a

sufficient number of individual showings made in accordance with

the foregoing proviso to satisfy the Secretary of the Interior that

such extension is necessary.

-SOURCE-

(May 9, 1924, ch. 150, Secs. 1, 2, 43 Stat. 116.)

-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.

-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. 385 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 385. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 649

-MISC1-

Section, act Aug. 9, 1937, ch. 570, Sec. 1, 50 Stat. 592, related

to contracts for medical attention and service for employees.

Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 647 to 649,

also repealed acts Jan. 12, 1927, ch. 27, 44 Stat. 957; Mar. 7,

1928, ch. 137, 45 Stat. 227; Mar. 4, 1929, ch. 705, Sec. 1, 45

Stat. 1589; May 14, 1930, ch. 273, Sec. 1, 46 Stat. 306; Feb. 14,

1931, ch. 187, Sec. 1, 46 Stat. 1142; Apr. 22, 1932, ch. 125, Sec.

1, 47 Stat. 114; Feb. 17, 1933, ch. 98, Sec. 1, 47 Stat. 842; Mar.

2, 1934, ch. 38, Sec. 1, 48 Stat. 380; May 9, 1935, ch. 101, Sec.

1, 49 Stat. 197, and June 22, 1936, ch. 691, Sec. 1, 49 Stat. 1781,

which contained similar provisions.

-End-

-CITE-

43 USC Sec. 385a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 385a. Payments to school districts for education of dependents

of construction personnel; cooperative arrangements; chargeable

to project

-STATUTE-

The Secretary of the Interior, giving due consideration to the

temporary nature of the requirements therefor, is authorized to

make such provision as he deems to be necessary and in the public

interest for the education of dependents of persons employed on the

actual construction of projects or features of projects, by the

Bureau of Reclamation, in any cases in which he finds that by

reason of such construction activity, an undue burden is, or will

be cast upon the facilities of the public-school districts serving

the areas in which construction is being undertaken, and to pay for

the same from any funds available for the construction of said

projects: Provided, That the Secretary of the Interior shall enter

into cooperative arrangements with local school districts wherein

such features are situated to contribute toward covering the cost

of furnishing the educational services required for such

dependents, or for the operation by those school districts of

Government facilities, or for the expansion of local school

facilities. Such cost incurred hereunder shall be charged to the

project concerned and shall be repayable in the same manner and to

the same extent as are its other costs of construction.

-SOURCE-

(June 29, 1948, ch. 733, Sec. 1, 62 Stat. 1108.)

-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. 385b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 385b. Repealed. Pub. L. 86-533, Sec. 1(18), June 29, 1960, 74

Stat. 248

-MISC1-

Section, act June 29, 1948, ch. 733, Sec. 2, 62 Stat. 1108,

related to reports to Congress of all activities undertaken

pursuant to provisions of section 385a of this title.

-End-

-CITE-

43 USC Sec. 385c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 385c. Omitted

-COD-

CODIFICATION

Section, which related to tuition charge per pupil, was from the

Interior Department Appropriation Act, 1949, act June 29, 1948, ch.

754, 62 Stat. 1125, and was not repeated in subsequent

appropriation acts.

-End-

-CITE-

43 USC Sec. 386 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 386. Application of excess-land provisions of reclamation laws

to certain lands

-STATUTE-

The excess-land provisions of the Federal reclamation laws shall

not be applicable to lands which on June 16, 1938, had an

irrigation water supply from sources other than a Federal

reclamation project and which will receive a supplemental supply

from the Colorado-Big Thompson project.

-SOURCE-

(June 16, 1938, ch. 485, 52 Stat. 764.)

-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. 387 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 387. Removal of sand, gravel, etc.; leases, easements, etc.

-STATUTE-

The Secretary, in his discretion, may (a) permit the removal,

from lands or interests in lands withdrawn or acquired and being

administered under the Federal reclamation laws in connection with

the construction or operation and maintenance of any project, of

sand, gravel, and other minerals and building materials with or

without competitive bidding: Provided, That removals may be

permitted without charge if for use by a public agency in the

construction of public roads or streets within any project or in

its immediate vicinity; and (b) grant leases and licenses for

periods not to exceed fifty years, and easements or rights-of-way

with or without limitation as to period of time affecting lands or

interest in lands withdrawn or acquired and being administered

under the Federal reclamation laws in connection with the

construction or operation and maintenance of any project: Provided,

That, if a water users' organization is under contract obligation

for repayment on account of the project or division involved,

easements or rights-of-way for periods in excess of twenty-five

years shall be granted only upon prior written approval of the

governing board of such organization. Such permits or grants shall

be made only when, in the judgment of the Secretary, their exercise

will not be incompatible with the purposes for which the lands or

interests in lands are being administered, and shall be on such

terms and conditions as in his judgment will adequately protect the

interests of the United States and the project for which said lands

or interests in lands are being administered.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 10, 53 Stat. 1196; Aug. 18, 1950, ch.

752, 64 Stat. 463.)

-REFTEXT-

REFERENCES IN TEXT

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

section 485a of this title.

-MISC1-

AMENDMENTS

1950 - Act Aug. 18, 1950, permitted Secretary to grant permanent

easements or rights-of-way provided that no easement or

right-of-way in excess of 25 years be granted unless there has been

prior written approval by the governing board of that water users'

organization as may be under contract obligation for repayment on

account of the project involved.

-CROSS-

DEFINITIONS

The definitions in section 485a of this title apply to this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 485, 485d, 485e, 485f,

485g, 485i, 485j, 485k of this title; title 16 sections 460q-5,

460dd-2, 460mm-4.

-End-

-CITE-

43 USC Sec. 388 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 388. Contracts for materials; liability of United States

-STATUTE-

When appropriations have been made for the commencement or

continuation of construction or operation and maintenance of any

project, the Secretary may, in connection with such construction or

operation and maintenance, enter into contracts for miscellaneous

services, for materials and supplies, as well as for construction,

which may cover such periods of time as the Secretary may consider

necessary but in which the liability of the United States shall be

contingent upon appropriations being made therefor.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 12, 53 Stat. 1197.)

-CROSS-

DEFINITIONS

The definitions in section 485a of this title apply to this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 485, 485d, 485e, 485f,

485g, 485i, 485j, 485k of this title.

-End-

-CITE-

43 USC Sec. 389 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 389. Relocation of highways, railroads, transmission lines,

etc., exchange of water, water rights or electric energy

-STATUTE-

The Secretary is authorized, in connection with the construction

or operation and maintenance of any project, (a) to purchase or

condemn suitable lands or interests in lands for relocation of

highways, roadways, railroads, telegraph, telephone, or electric

transmission lines, or any other properties whatsoever, the

relocation of which in the judgment of the Secretary is

necessitated by said construction or operation and maintenance, and

to perform any or all work involved in said relocations on said

lands or interests in lands, other lands or interests in lands

owned and held by the United States in connection with the

construction or operation and maintenance of said project, or

properties not owned by the United States; (b) to enter into

contracts with the owners of said properties whereby they undertake

to acquire any or all property needed for said relocation, or to

perform any or all work involved in said relocations; and (c) for

the purpose of effecting completely said relocations, to convey or

exchange Government properties acquired or improved under (a)

above, with or without improvements, or other properties owned and

held by the United States in connection with the construction or

operation and maintenance of said project, or to grant perpetual

easements therein or thereover. Grants or conveyances hereunder

shall be by instruments executed by the Secretary without regard to

provisions of law governing the patenting of public lands.

The Secretary is further authorized, for the purpose of orderly

and economical construction or operation and maintenance of any

project, to enter into such contracts for exchange or replacement

of water, water rights, or electric energy or for the adjustment of

water rights, as in his judgment are necessary and in the interests

of the United States and the project.

-SOURCE-

(Aug. 4, 1939, ch. 418, Sec. 14, 53 Stat. 1197.)

-CROSS-

DEFINITIONS

The definitions in section 485a of this title apply to this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 485, 485d, 485e, 485f,

485g, 485i, 485j, 485k of this title.

-End-

-CITE-

43 USC Sec. 390 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390. Utilization of dams and reservoir projects for irrigation

purposes; additional construction; necessity of authorization;

apportionment of cost; limitation

-STATUTE-

On and after December 22, 1944, whenever the Secretary of the

Army determines, upon recommendation by the Secretary of the

Interior that any dam and reservoir project operated under the

direction of the Secretary of the Army may be utilized for

irrigation purposes, the Secretary of the Interior is authorized to

construct, operate, and maintain, under the provisions of the

Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and

Acts amendatory thereof or supplementary thereto), such additional

works in connection therewith 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 said Federal reclamation laws and

after subsequent specific authorization of the Congress by an

authorization Act; and, within the limits of the water users'

repayment ability such report may be predicated on the allocation

to irrigation of an appropriate portion of the cost of structures

and facilities used for irrigation and other purposes. Dams and

reservoirs operated under the direction of the Secretary of the

Army may be utilized after December 22, 1944, for irrigation

purposes only in conformity with the provisions of this section,

but the foregoing requirement shall not prejudice lawful uses now

existing: Provided, That this section shall not apply to any dam or

reservoir heretofore constructed in whole or in part by the Army

engineers, which provides conservation storage of water for

irrigation purposes. In the case of any reservoir project

constructed and operated by the Corps of Engineers, the Secretary

of the Army is authorized to allocate water which was allocated in

the project purpose for municipal and industrial water supply and

which is not under contract for delivery, for such periods as he

may deem reasonable, for the interim use for irrigation purposes of

such storage until such storage is required for municipal and

industrial water supply. No contracts for the interim use of such

storage shall be entered into which would significantly affect

then-existing uses of such storage.

-SOURCE-

(Dec. 22, 1944, ch. 665, Sec. 8, 58 Stat. 891; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 99-662, title IX,

Sec. 931, Nov. 17, 1986, 100 Stat. 4196.)

-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

1986 - Pub. L. 99-662 inserted at end "In the case of any

reservoir project constructed and operated by the Corps of

Engineers, the Secretary of the Army is authorized to allocate

water which was allocated in the project purpose for municipal and

industrial water supply and which is not under contract for

delivery, for such periods as he may deem reasonable, for the

interim use for irrigation purposes of such storage until such

storage is required for municipal and industrial water supply. No

contracts for the interim use of such storage shall be entered into

which would significantly affect then-existing uses of such

storage."

-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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain real property and functions relating to

real property, insofar as they pertain to Air Force, from Secretary

of the Army and Department of the Army to Secretary of the Air

Force and Department of the Air Force, see Secretary of Defense

Transfer Order Nos. 14, eff. July 1, 1948, and 40 [App. B(133)],

July 22, 1949.

-MISC2-

EXTENSION OF VARIABLE PAYMENT PLAN

Authority of Secretary to extend benefits of variable payment

plan to organizations with which he contracts or has contracted for

the repayment of construction costs allocated to irrigation on any

project undertaken by the United States, including contracts for

the storage of water or for the use of stored water under this

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

542, set out as a note under section 485h 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 section 390b of this title.

-End-

-CITE-

43 USC Sec. 390a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390a. Repealed. Pub. L. 105-362, title IX, Sec. 901(e)(2),

Nov. 10, 1998, 112 Stat. 3289

-MISC1-

Section, acts July 31, 1953, ch. 298, title I, 67 Stat. 266; Pub.

L. 99-294, Sec. 10, May 12, 1986, 100 Stat. 426, related to

conditions precedent for construction of dams, reservoir, or water

supply.

Provisions similar to those in this section were contained in act

July 9, 1952, ch. 597, title I, 66 Stat. 451, prior to repeal by

Pub. L. 105-362, title IX, Sec. 901(e)(1), Nov. 10, 1998, 112 Stat.

3289.

-End-

-CITE-

43 USC Sec. 390b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390b. Development of water supplies for domestic, municipal,

industrial, and other purposes

-STATUTE-

(a) Declaration of policy

It is declared to be the policy of the Congress to recognize the

primary responsibilities of the States and local interests in

developing water supplies for domestic, municipal, industrial, and

other purposes and that the Federal Government should participate

and cooperate with States and local interests in developing such

water supplies in connection with the construction, maintenance,

and operation of Federal navigation, flood control, irrigation, or

multiple purpose projects.

(b) Storage in reservoir projects; agreements for payment of cost

of construction or modification of projects

In carrying out the policy set forth in this section, it is

provided that storage may be included in any reservoir project

surveyed, planned, constructed or to be planned, surveyed and/or

constructed by the Corps of Engineers or the Bureau of Reclamation

to impound water for present or anticipated future demand or need

for municipal or industrial water, and the reasonable value thereof

may be taken into account in estimating the economic value of the

entire project: Provided, That the cost of any construction or

modification authorized under the provisions of this section shall

be determined on the basis that all authorized purposes served by

the project shall share equitably in the benefits of multiple

purpose construction, as determined by the Secretary of the Army or

the Secretary of the Interior, as the case may be: Provided

further, That before construction or modification of any project

including water supply provisions for present demand is initiated,

State or local interests shall agree to pay for the cost of such

provisions in accordance with the provisions of this section: And

provided further, That (1) for Corps of Engineers projects, not to

exceed 30 percent of the total estimated cost of any project may be

allocated to anticipated future demands, and, (2) for Bureau of

Reclamation projects, not to exceed 30 per centum of the total

estimated cost of any project may be allocated to anticipated

future demands where State or local interests give reasonable

assurances, and there is reasonable evidence, that such demands for

the use of such storage will be made within a period of time which

will permit paying out the costs allocated to water supply within

the life of the project: And provided further, That for Corps of

Engineers projects, the Secretary of the Army may permit the full

non-Federal contribution to be made, without interest, during

construction of the project, or, with interest, over a period of

not more than thirty years from the date of completion, with

repayment contracts providing for recalculation of the interest

rate at, five-year intervals, and for Bureau of Reclamation

projects, the entire amount of the construction costs, including

interest during construction, allocated to water supply shall be

repaid within the life of the project but in no event to exceed

fifty years after the project is first used for the storage of

water for water supply purposes, except that (1) no payment need be

made with respect to storage for future water supply until such

supply is first used, and (2) no interest shall be charged on such

cost until such supply is first used, but in no case shall the

interest-free period exceed ten years. For Corps of Engineers

projects, all annual operation, maintenance, and replacement costs

for municipal and industrial water supply storage under the

provisions of this section shall be reimbursed from State or local

interests on an annual basis. For Corps of Engineers projects, any

repayment by a State or local interest shall be made with interest

at a rate to be determined by the Secretary of the Treasury, taking

into consideration the average market yields on outstanding

marketable obligations of the United States with remaining periods

to maturity comparable to the reimbursement period, during the

month preceding the fiscal year in which costs for the construction

of the project are first incurred (or, when a recalculation is

made), plus a premium of one-eighth of one percentage point for

transaction costs. For Bureau of Reclamation projects, the interest

rate used for purposes of computing interest during construction

and interest on the unpaid balance shall be determined by the

Secretary of the Treasury, as of the beginning of the fiscal year

in which construction is initiated, on the basis of the computed

average interest rate payable by the Treasury upon its outstanding

marketable public obligations, which are neither due nor callable

for redemption for fifteen years from date of issue. The provisions

of this subsection insofar as they relate to the Bureau of

Reclamation and the Secretary of the Interior shall be alternative

to and not a substitute for the provisions of the Reclamation

Projects Act of 1939 (53 Stat. 1187) [43 U.S.C. 485 et seq.]

relating to the same subject.

The provisions of this section shall not be construed to modify

the provisions of section 701-1 of title 33 and section 390 of this

title, as amended and extended, or the provisions of sections 372

and 383 of this title.

(d) Approval of Congress of modifications of reservoir projects

Modifications of a reservoir project heretofore authorized,

surveyed, planned, or constructed to include storage as provided in

subsection (b) of this section which would seriously affect the

purposes for which the project was authorized, surveyed, planned,

or constructed, or which would involve major structural or

operational changes shall be made only upon the approval of

Congress as now provided by law.

-SOURCE-

(Pub. L. 85-500, title III, Sec. 301, July 3, 1958, 72 Stat. 319;

Pub. L. 87-88, Sec. 10, July 20, 1961, 75 Stat. 210; Pub. L.

99-662, title IX, Sec. 932(a), Nov. 17, 1986, 100 Stat. 4196.)

-REFTEXT-

REFERENCES IN TEXT

The Reclamation Projects Act of 1939, referred to in subsec. (b),

is act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended, which is

classified principally to subchapter X (Sec. 485 et seq.) of this

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

section 485k of this title and Tables.

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-662 inserted in third proviso "(1)

for Corps of Engineers projects, not to exceed 30 percent of the

total estimated cost of any project may be allocated to anticipated

future demands, and, (2) for Bureau of Reclamation projects,",

inserted in fourth proviso "for Corps of Engineers projects, the

Secretary of the Army may permit the full non-Federal contribution

to be made, without interest, during construction of the project,

or, with interest, over a period of not more than thirty years from

the date of completion, with repayment contracts providing for

recalculation of the interest rate at, five-year intervals, and for

Bureau of Reclamation projects,", inserted after first sentence

"For Corps of Engineers projects, all annual operation,

maintenance, and replacement costs for municipal and industrial

water supply storage under the provisions of this section shall be

reimbursed from State or local interests on an annual basis. For

Corps of Engineers projects, any repayment by a State or local

interest shall be made with interest at a rate to be determined by

the Secretary of the Treasury, taking into consideration the

average market yields on outstanding marketable obligations of the

United States with remaining periods to maturity comparable to the

reimbursement period, during the month preceding the fiscal year in

which costs for the construction of the project are first incurred

(or, when a recalculation is made), plus a premium of one-eighth of

one percentage point for transaction costs.", and substituted "For

Bureau of Reclamation projects, the interest rate used" for "The

interest rate used".

1961 - Subsec. (b). Pub. L. 87-88 substituted provisions

permitting not more than 30 per centum of the total estimated cost

of any project to be allocated to anticipated future demands where

State or local interests give reasonable assurances, and there is

reasonable evidence, that such demands for the use of such storage

will be made within a period of time which will permit paying out

the costs allocated to water supply within the life of the project

for provisions which permitted not more than 30 per centum of the

total estimated cost of any project to be allocated to anticipated

future demands where States or local interests give reasonable

assurance that they will contract for the use of storage for

anticipated future demands within a period of time which will

permit paying out the costs allocated to water supply within the

life of the project.

SHORT TITLE OF 1961 AMENDMENT

Section 11 of Pub. L. 87-88 provided that: "This Act [amending

this section, and sections 1151, 1153 to 1155, 1157 to 1160, 1171

to 1173 of Title 33, Navigation and Navigable Waters, and enacting

provisions set out as notes under sections 1151, 1157, and 1159 of

Title 33] may be cited as the 'Federal Water Pollution Control Act

Amendments of 1961'."

SHORT TITLE

Section 302 of Pub. L. 85-500 provided that: "Title III of this

Act [enacting this section] may be cited as the 'Water Supply Act

of 1958'."

AMENDMENT OF CONTRACTS EXISTING PRIOR TO NOVEMBER 17, 1986

Section 932(b) of Pub. L. 99-662 provided that: "Nothing in this

section [amending this section] shall be deemed to amend or require

amendment of any valid contract entered into pursuant to the Water

Supply Act of 1958 [this section], or Federal reclamation law [see

43 U.S.C. 371 and notes] and approved by the Secretary of the Army

or the Secretary of the Interior prior to the date of enactment of

this Act [Nov. 17, 1986]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390jj of this title; title

42 section 1962d-5b.

-End-

-CITE-

43 USC Sec. 390c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390c. Water reservoirs; interests of States and local agencies

in storage space

-STATUTE-

Cognizant that many States and local interests have in the past

contributed to the Government, or have contracted to pay to the

Government over a specified period of years, money equivalent to

the cost of providing for them water storage space at

Government-owned dams and reservoirs, constructed by the Corps of

Engineers of the United States Army, and that such practices will

continue, and, that no law defines the duration of their interest

in such storage space, and realizing that such States and local

interests assume the obligation of paying substantially their

portion of the cost of providing such facilities, their right to

use may be continued during the existence of the facility as

hereinafter provided.

-SOURCE-

(Pub. L. 88-140, Sec. 1, Oct. 16, 1963, 77 Stat. 249.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390d, 390f of this title.

-End-

-CITE-

43 USC Sec. 390d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390d. Dams and reservoirs wherein costs thereof, or rights

thereto, have been acquired by local interests

-STATUTE-

Sections 390c to 390f of this title are applicable to all dams

and reservoirs heretofore or hereafter constructed by the United

States Government (acting through the Corps of Engineers of the

United States Army) wherein either a part of the construction cost

thereof shall have been contributed or may be contributed by States

or local interests (hereinafter called "local interests") or local

interests have acquired or may acquire rights to utilize certain

storage space thereof by making payments during the period of such

use as specified in the agreement with the Government and wherein

the amount of money paid, exclusive of interest, is equivalent to

the cost of providing that part of such dam and reservoir which is

allocated to such use, whether such share of cost shall have been

determined by the "incremental cost" method or by the "separable

costs-remaining benefits" method or by any other method. Included

among the dams and reservoirs affected by sections 390c to 390f of

this title are those constructed by the Corps of Engineers of the

Department of the Army, but nothing in sections 390c to 390f of

this title shall be construed to affect or modify section 390 of

this title.

-SOURCE-

(Pub. L. 88-140, Sec. 2, Oct. 16, 1963, 77 Stat. 249.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390e. Rights, acquisition and availability of; obligation for

operation and maintenance; costs for reconstruction,

rehabilitation, or replacement; use during Government operation

or by contract

-STATUTE-

The right thus acquired by any such local interest is declared to

be available to the local interest so long as the space designated

for that purpose may be physically available, taking into account

such equitable reallocation of reservoir storage capacities among

the purposes served by the project as may be necessary due to

sedimentation, and not limited to the term of years which may be

prescribed in any lease agreement or other agreement with the

Government, but the enjoyment of such right will remain subject to

performance of its obligations prescribed in such lease agreement

or agreement executed in reference thereto. Such obligations will

include continued payment of annual operation and maintenance costs

allocated to water supply. In addition, local interests shall bear

the costs allocated to the water supply of any necessary

reconstruction, rehabilitation, or replacement of project features

which may be required to continue satisfactory operation of the

project. Any affected local interest may utilize such facility so

long as it is operated by the Government. In the event that the

Government concludes that it can no longer usefully and

economically maintain and operate such facility, the responsible

department or agency of the Government is authorized to negotiate a

contract with the affected local interest under which the local

interest may continue to operate such part of the facility as is

necessary for utilization of the storage space allocated to it,

under terms which will protect the public interest and provided

that the Government is effectively absolved from all liability in

connection with such operation.

-SOURCE-

(Pub. L. 88-140, Sec. 3, Oct. 16, 1963, 77 Stat. 249.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390d, 390f of this title.

-End-

-CITE-

43 USC Sec. 390f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390f. Revision of leases or agreements to evidence conversion

of rights to use of storage rights

-STATUTE-

Upon application of any affected local interest its existing

lease or agreement with the Government will be revised to evidence

the conversion of its rights to the use of the storage as

prescribed in sections 390c to 390f of this title.

-SOURCE-

(Pub. L. 88-140, Sec. 4, Oct. 16, 1963, 77 Stat. 250.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390g 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390g. Groundwater recharge of aquifers; demonstration program

-STATUTE-

The Secretary of the Interior (hereinafter referred to as the

"Secretary"), acting through the Bureau of Reclamation (hereinafter

referred to as the "Bureau"), shall, in two phases, conduct an

investigation of and establish demonstration projects for

groundwater recharge of aquifers in the States of Colorado, Kansas,

Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming

(such States to be hereinafter referred to as the "High Plains

States") and in the other States referred to in section 391 of this

title (hereinafter referred to as "other Reclamation Act States"),

as provided by sections 390g to 390g-8 of this title: Provided,

That funds made available pursuant to sections 390g to 390g-8 of

this title shall not be used for the study or construction of

groundwater recharge demonstration projects in the High Plains

States and other Reclamation Act States which would utilize water

originating in the drainage basin of the Great Lakes. The Bureau

shall consult with the United States Geological Survey and other

appropriate agencies and departments of the United States and of

the High Plains States and other Reclamation Act States in order to

carry out sections 390g to 390g-8 of this title.

-SOURCE-

(Pub. L. 98-434, Sec. 2, Sept. 28, 1984, 98 Stat. 1675.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 98-434 provided: "That this Act [enacting

sections 390g to 390g-8 of this title] may be cited as the 'High

Plains States Groundwater Demonstration Program Act of 1983'."

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The High Plains States Groundwater Demonstration Program Act of

1983 is referred to in section 390h-14 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390g-3, 390g-7, 390g-8 of

this title.

-End-

-CITE-

43 USC Sec. 390g-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390g-1. Phase I of groundwater recharge demonstration program

-STATUTE-

(a) Development of detailed plan of demonstration projects;

requisite features of plan

During phase I, the Bureau, in consultation with the High Plains

States and other Reclamation Act States and other appropriate

departments and agencies of the United States, including the United

States Geological Survey, shall develop a detailed plan of

demonstration projects the purpose of which is to determine whether

various recharge technologies may be applied to diverse geologic

and hydrologic conditions represented in the High Plains States and

other Reclamation Act States. In the preparation and development of

such plan, the Bureau shall make maximum use of data, planning

studies and other technical resources and assistance available from

State and local entities: Provided, That contributions of such

technical resources and assistance may be counted as part of the

inkind services or other State contribution, but shall otherwise be

provided without compensation to the State or local entity. This

plan shall contain the selection of not less than a total of twelve

demonstration project sites in High Plains States and not less than

a total of nine demonstration project sites in other Reclamation

Act States. Demonstration project sites shall be confined to areas

having a declining water table, an available surface water supply,

and a high probability of physical, chemical, and economic

feasibility for recharge of the groundwater reservoir. The plan

shall provide for demonstration of the application of recharge

technology and the selection of water sources, determination of

necessary physical works and the operation of water replacement

systems, formulation of a monitoring program, identification of any

economic, legal, intergovernmental, and environmental issues and

projection of planning problems associated with such systems, and

recommendation of legislative and administrative actions as may be

necessary to carry out phase II.

(b) Recommendation of demonstration projects

During phase I the Bureau is authorized and directed to recommend

demonstration projects to be designed, constructed, and operated

during phase II.

Within six months, after the enactment of an appropriation Act to

carry out phase I, the Secretary shall make a preliminary selection

of projects to receive further planning and development and shall

initiate such further planning and development for those selected

projects.

-SOURCE-

(Pub. L. 98-434, Sec. 3, Sept. 28, 1984, 98 Stat. 1675; Pub. L.

104-66, title I, Sec. 1081(c), Dec. 21, 1995, 109 Stat. 721.)

-MISC1-

AMENDMENTS

1995 - Subsec. (d). Pub. L. 104-66 struck out subsec. (d) which

read as follows: "Within twenty-four months after the date of

enactment of an appropriation Act to carry out phase I, the

Secretary shall transmit a report to Congress containing the

recommendations made pursuant to subsection (b) of this section and

a detailed statement of his findings and conclusions."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390g-2 of this title.

-End-

-CITE-

43 USC Sec. 390g-2 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390g-2. Phase II of groundwater recharge demonstration program

-STATUTE-

(a) Design, construction, and operation of projects

During phase II, and subject to State water laws and interstate

water compacts, the Bureau is authorized and directed to design,

construct, and operate demonstration projects in the High Plains

States and other Reclamation Act States to recharge groundwater

systems as recommended in the report referred to in subsection (c)

of this section.

(b) Alternative means of cost allocation; economic feasibility of

projects

During phase II the Secretary, acting through the Bureau, shall

contract with the various High Plains States and other Reclamation

Act States to conduct a study to identify and evaluate alternative

means by which the costs of groundwater recharge projects could be

allocated among the beneficiaries of the projects within the

respective States and identify and evaluate the economic

feasibility of and the legal authority for utilizing groundwater

recharge in water resource development projects.

(1) Within twelve months after the initiation of phase II, and at

annual intervals thereafter, the Secretary shall submit interim

reports to Congress. Each report shall contain a detailed statement

of his findings and progress respecting the design, construction,

and operation of the demonstration projects referred to in

subsection (a) of this section and the study referred to in

subsection (b) of this section.

(2) Within five years after the initiation of phase II, the

Secretary shall submit a summary report to Congress. The summary

report shall contain -

(A) a detailed evaluation of the demonstration projects

referred to in subsection (a) of this section;

(B) the results of the studies referred to in subsection (b) of

this section;

feasibility of operational groundwater recharge projects to be

constructed and maintained by the Bureau; and

(D) an evaluation of the feasibility of integrating these

groundwater recharge projects into existing reclamation projects.

(3) In addition to recommendations made under section 390g-1 of

this title, the Secretary shall make additional recommendations for

design, construction, and operation of demonstration projects. Such

projects are authorized to be designed, constructed, and operated

in accordance with subsection (a) of this section.

(4) Each project under this section shall terminate five years

after the date on which construction on the project is completed.

(5) At the conclusion of phase II the Secretary shall submit a

final report to the Congress which shall include, but not be

limited to, a detailed evaluation of the projects under this

section.

-SOURCE-

(Pub. L. 98-434, Sec. 4, Sept. 28, 1984, 98 Stat. 1676; Pub. L.

102-575, title XXVI, Sec. 2601(1), (2), Oct. 30, 1992, 106 Stat.

4689.)

-MISC1-

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-575 substituted "summary report"

for "final report" in two places in introductory provisions of par.

(2) and added pars. (3) to (5).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390g-3 of this title.

-End-

-CITE-

43 USC Sec. 390g-3 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390g-3. Evaluation of water quality impacts

-STATUTE-

The Secretary, acting through the Bureau, and the Administrator

of the Environmental Protection Agency (hereinafter referred to as

the "Administrator") shall enter into a memorandum-of-understanding

to provide for an evaluation of the impacts to surface water and

groundwater quality resulting from the groundwater recharge

demonstration projects constructed pursuant to sections 390g to

390g-8 of this title. The Administrator shall consult with the

United States Geological Survey and shall make maximum use of data,

studies, and other technical resources and assistance available

from State and local entities in conducting the evaluation. The

evaluation of water quality impacts shall be completed so as to be

included in the Secretary's summary report to the Congress referred

to in section 390g-2(c)(2) of this title.

-SOURCE-

(Pub. L. 98-434, Sec. 5, Sept. 28, 1984, 98 Stat. 1676; Pub. L.

102-575, title XXVI, Sec. 2601(1), Oct. 30, 1992, 106 Stat. 4689.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-575 substituted "summary report" for "final

report".

-End-

-CITE-

43 USC Sec. 390g-4 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390g-4. Authorization of appropriations to carry out phase I

-STATUTE-

There is authorized to be appropriated $500,000 for fiscal years

beginning after September 30, 1983, to carry out phase I. Amounts

shall be made available pursuant to the authorization contained in

this section in a single sum for all demonstration project sites,

and it shall be within the discretion of the Secretary to apportion

such sum among such sites.

-SOURCE-

(Pub. L. 98-434, Sec. 6, Sept. 28, 1984, 98 Stat. 1677.)

-End-

-CITE-

43 USC Sec. 390g-5 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390g-5. Authorization of appropriations to carry out phase II

-STATUTE-

There is authorized to be appropriated for fiscal years beginning

after September 30, 1983, $31,000,000 (October 1990 price levels)

plus or minus such amounts, if any, as may be required by reason of

ordinary fluctuations in construction costs as indicated by

engineering cost indexes applicable to the type of construction

involved herein to carry out phase II. Amounts shall be made

available pursuant to the authorization contained in this section

in sums for individual projects based on findings of feasibility by

the Secretary.

-SOURCE-

(Pub. L. 98-434, Sec. 7, Sept. 28, 1984, 98 Stat. 1677; Pub. L.

102-575, title XXVI, Sec. 2601(3), Oct. 30, 1992, 106 Stat. 4689.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-575 substituted "$31,000,000 (October 1990

price levels) plus or minus such amounts, if any, as may be

required by reason of ordinary fluctuations in construction costs

as indicated by engineering cost indexes applicable to the type of

construction involved herein" for "$20,000,000 (October 1983 price

levels)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390g-6 of this title.

-End-

-CITE-

43 USC Sec. 390g-6 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390g-6. Matching basis for funding phase II from non-Federal

sources

-STATUTE-

The funds authorized to be appropriated pursuant to section

390g-5 of this title shall match on a four-to-one basis funds made

available by the States, their political subdivisions, or other

non-Federal entities to meet the cost of phase II: Provided, That,

inkind services or other contributions by the States, their

political subdivisions, or other non-Federal entities shall be

considered in the determination of the matching non-Federal share.

The Secretary is authorized to enter into memoranda of agreement

with any appropriate agencies or departments of the High Plains

States and other Reclamation Act States to share the costs of phase

II.

-SOURCE-

(Pub. L. 98-434, Sec. 8, Sept. 28, 1984, 98 Stat. 1677.)

-End-

-CITE-

43 USC Sec. 390g-7 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390g-7. New spending authority

-STATUTE-

Any new spending authority described in subsection (c)(2)(A) or

(B) of section 651 (!1) of title 2 which is provided under sections

390g to 390g-8 of this title (or under any amendment made by

sections 390g to 390g-8 of this title) shall be effective for any

fiscal year only to such extent or in such amounts as are provided

in advance in appropriation Acts.

-SOURCE-

(Pub. L. 98-434, Sec. 9, Sept. 28, 1984, 98 Stat. 1677.)

-REFTEXT-

REFERENCES IN TEXT

Section 651 of title 2, referred to in text, was amended by Pub.

L. 105-33, title X, Sec. 10116(a)(3), (5), Aug. 5, 1997, 111 Stat.

691, by striking out subsec. (c) and redesignating former subsec.

(d) as (c).

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 390g-8 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390g-8. Interstate transfer of water from Arkansas

-STATUTE-

No funds authorized to be appropriated by sections 390g to 390g-8

of this title shall be used for any activities associated with:

(1) the interstate transfer of water from the State of

Arkansas; or

(2) the study or demonstration of the potential for the

interstate transfer of water from the State of Arkansas.

-SOURCE-

(Pub. L. 98-434, Sec. 10, Sept. 28, 1984, 98 Stat. 1677.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390g, 390g-3, 390g-7 of

this title.

-End-

-CITE-

43 USC Sec. 390h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h. Program to investigate reclamation and reuse of

wastewater and groundwater; general authority

-STATUTE-

(a) Program established

The Secretary of the Interior (hereafter "Secretary"), acting

pursuant to the Reclamation Act of 1902 (Act of June 17, 1902, 32

Stat. 388) and Acts amendatory thereof and supplementary thereto

(hereafter "Federal reclamation laws"), is directed to undertake a

program to investigate and identify opportunities for reclamation

and reuse of municipal, industrial, domestic, and agricultural

wastewater, and naturally impaired ground and surface waters, for

the design and construction of demonstration and permanent

facilities to reclaim and reuse wastewater, and to conduct

research, including desalting, for the reclamation of wastewater

and naturally impaired ground and surface waters.

(b) States included

Such program shall be limited to the States and areas referred to

in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902,

32 Stat. 388) [43 U.S.C. 391] as amended, and the State of Hawaii.

The Secretary is authorized to enter into such agreements and

promulgate such regulations as may be necessary to carry out the

purposes and provisions of sections 390h to 390h-17 of this title.

(d) San Luis Unit of Central Valley Project, California

The Secretary shall not investigate, promote or implement,

pursuant to sections 390h to 390h-17 of this title, any project

intended to reclaim and reuse agricultural wastewater generated in

the service area of the San Luis Unit of the Central Valley

Project, California, except those measures recommended for action

by the San Joaquin Valley Drainage Program in the report entitled A

Management Plan for Agricultural Subsurface Drainage and Related

Problems on the Westside San Joaquin Valley (September 1990).

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1602, Oct. 30, 1992, 106 Stat.

4664; Pub. L. 106-566, title I, Sec. 104(a), Dec. 23, 2000, 114

Stat. 2819.)

-REFTEXT-

REFERENCES IN TEXT

The Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388),

referred to in subsec. (a), 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.

Hereafter, referred to in subsec. (a), means hereafter in title

XVI of Pub. L. 102-575, Oct. 30, 1992, 106 Stat. 4663, which

enacted sections 390h to 390h-16 of this title.

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-566 inserted ", and the State of

Hawaii" before period at end.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-566, title I, Sec. 101, Dec. 23, 2000, 114 Stat.

2818, provided that: "This title [amending this section] may be

cited as the 'Hawaii Water Resources Act of 2000'."

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-321, Sec. 1(a), Oct. 30, 1998, 112 Stat. 3020,

provided that: "This Act [enacting section 390h-16 of this title,

amending section 564w-1 of Title 25, Indians, and enacting and

amending provisions listed in a table of National Wildlife Refuges

set out under section 668dd of Title 16, Conservation] may be cited

as the 'Oregon Public Lands Transfer and Protection Act of 1998'."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-266, Sec. 1, Oct. 9, 1996, 110 Stat. 3290, provided

that: "This Act [enacting sections 390h-12a to 390h-12p of this

title and amending sections 390h-1 to 390h-3, 390h-9, and 390h-13

to 390h-15 of this title] may be cited as the 'Reclamation

Recycling and Water Conservation Act of 1996'."

SHORT TITLE

Section 1601 of title XVI of Pub. L. 102-575 provided that: "This

title [enacting sections 390h to 390h-15 of this title] may be

referred to as the 'Reclamation Wastewater and Groundwater Study

and Facilities Act'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390h-1, 390h-2, 390h-4,

390h-7, 390h-8, 390h-9, 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-1. Appraisal investigations

-STATUTE-

(a) Purposes; recommendations

The Secretary shall undertake appraisal investigations to

identify opportunities for water reclamation and reuse. Each such

investigation shall take into account environmental considerations

as provided by the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) and regulations issued to implement the

provisions thereof, and shall include recommendations as to the

preparation of a feasibility study of the potential reclamation and

reuse measures.

(b) Matters to be considered

Appraisal investigations undertaken by the Secretary or the

non-Federal project sponsor pursuant to sections 390h to 390h-17 of

this title shall consider, among other things -

(1) all potential uses of reclaimed water, including, but not

limited to, environmental restoration, fish and wildlife,

groundwater recharge, municipal, domestic, industrial,

agricultural, power generation, and recreation;

(2) the current status of water reclamation technology and

opportunities for development of improved technologies;

(3) measures to stimulate demand for and eliminate obstacles to

use of reclaimed water, including pricing;

(4) measures to coordinate and streamline local, State and

Federal permitting procedures required for the implementation of

reclamation projects; and

(5) measures to identify basic research needs required to

expand the uses of reclaimed water in a safe and environmentally

sound manner.

The Secretary shall consult and cooperate with appropriate State,

regional, and local authorities during the conduct of each

appraisal investigation conducted pursuant to sections 390h to

390h-17 of this title.

(d) Nonreimbursable costs

Costs of such appraisal investigations shall be nonreimbursable.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1603, Oct. 30, 1992, 106 Stat.

4664; Pub. L. 104-266, Sec. 3, Oct. 9, 1996, 110 Stat. 3295.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

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

out under section 4321 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-266 inserted "by the Secretary or

the non-Federal project sponsor" after "undertaken" in introductory

provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390h-2, 390h-13 of this

title.

-End-

-CITE-

43 USC Sec. 390h-2 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-2. Feasibility studies

-STATUTE-

(a) General authority; Federal and non-Federal cost shares

The Secretary is authorized to participate with appropriate

Federal, State, regional, and local authorities in studies to

determine the feasibility of water reclamation and reuse projects

recommended for such study pursuant to section 390h-1 of this

title. The Federal share of the costs of such feasibility studies

shall not exceed 50 per centum of the total, except that the

Secretary may increase the Federal share of the costs of such

feasibility study if the Secretary determines, based upon a

demonstration of financial hardship on the part of the non-Federal

participant, that the non-Federal participant is unable to

contribute at least 50 per centum of the costs of such study. The

Secretary may accept as part of the non-Federal cost share the

contribution of such in-kind services by the non-Federal

participant that the Secretary determines will contribute

substantially toward the conduct and completion of the study.

(b) Federal share considered project costs; reimbursement

The Federal share of feasibility studies, including those

described in sections 390h-4 and 390h-6 through 390h-8 of this

title, shall be considered as project costs and shall be reimbursed

in accordance with the Federal reclamation laws, if the project

studied is implemented.

In addition to the requirements of other Federal laws,

feasibility studies conducted by the Secretary or the non-Federal

project sponsor under sections 390h to 390h-17 of this title shall

consider, among other things -

(1) near- and long-term water demand and supplies in the study

area;

(2) all potential uses for reclaimed water;

(3) at least two alternative measures or technologies available

for water reclamation, distribution, and reuse for the project

under consideration;

(4) public health and environmental quality issues associated

with use of reclaimed water;

(5) whether development of the water reclamation and reuse

measures under study would -

(A) reduce, postpone, or eliminate development of new or

expanded water supplies,

(B) reduce or eliminate the use of existing diversions from

natural watercourses or withdrawals from aquifers, or

facilities;

(6) the market or dedicated use for reclaimed water in the

project's service area; and

(7) the financial capability of the non-Federal project sponsor

to fund its proportionate share of the project's construction

costs on an annual basis.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1604, Oct. 30, 1992, 106 Stat.

4665; Pub. L. 104-266, Sec. 4, Oct. 9, 1996, 110 Stat. 3295.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation laws, referred to in subsec. (b), are

defined in section 390h(a) of this title.

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-266, Sec. 4(1), substituted

"conducted by the Secretary or the non-Federal project sponsor" for

"authorized" in introductory provisions.

Subsec. (c)(3). Pub. L. 104-266, Sec. 4(2), substituted "at least

two alternative measures or technologies available for water

reclamation, distribution, and reuse for the project under

consideration" for "measures and technologies available for water

reclamation, distribution, and reuse".

Subsec. (c)(5)(C). Pub. L. 104-266, Sec. 4(4), added subpar. (C).

Subsec. (c)(6), (7). Pub. L. 104-266, Sec. 4(3), (5), added pars.

(6) and (7).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-3 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-3. Research and demonstration projects

-STATUTE-

(a) Reclamation of wastewater and ground and surface waters

The Secretary is authorized to conduct research and to construct,

operate, and maintain cooperative demonstration projects for the

development and demonstration of appropriate treatment technologies

for the reclamation of municipal, industrial, domestic, and

agricultural wastewater, and naturally impaired ground and surface

waters. The Federal share of the costs of demonstration projects

shall not exceed 50 per centum of the total cost including

operation and maintenance. Rights to inventions developed pursuant

to this section shall be governed by the provisions of the

Stevenson-Wydler Technology Innovation Act of 1980 (Public Law

96-480) [15 U.S.C. 3701 et seq.] as amended by the Technology

Transfer Act of 1986 (Public Law 99-502).

(b) Long Beach Desalination Research and Development Project

(1) The Secretary, in cooperation with the city of Long Beach,

the Central Basin Municipal Water District, and the Metropolitan

Water District of Southern California may participate in the

design, planning, and construction of the Long Beach Desalination

Research and Development Project in Los Angeles County, California.

(2) The Federal share of the cost of the project described in

paragraph (1) shall not exceed 50 percent of the total.

(3) The Secretary shall not provide funds for the operation or

maintenance of the project described in paragraph (1).

Development Project

(1) The Secretary, in cooperation with the Southern Nevada Water

Authority, may participate in the design, planning, and

construction of the Las Vegas Area Shallow Aquifer Desalination

Research and Development Project in Clark County, Nevada.

(2) The Federal share of the cost of the project described in

paragraph (1) shall not exceed 50 percent of the total.

(3) The Secretary shall not provide funds for the operation or

maintenance of the project described in paragraph (1).

(d) Federal contribution

A Federal contribution in excess of 25 percent for a project

under this section may not be made until after the Secretary

determines that the project is not feasible without such Federal

contribution.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1605, Oct. 30, 1992, 106 Stat.

4665; Pub. L. 104-266, Sec. 5, Oct. 9, 1996, 110 Stat. 3295.)

-REFTEXT-

REFERENCES IN TEXT

The Stevenson-Wydler Technology Innovation Act of 1980, referred

to in subsec. (a), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat. 2311,

as amended, which is classified generally to chapter 63 (Sec. 3701

et seq.) of Title 15, Commerce and Trade. For complete

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

out under section 3701 of Title 15 and Tables.

The Technology Transfer Act of 1986, referred to in subsec. (a),

is Pub. L. 99-502, Oct. 20, 1986, 100 Stat. 1785, known as the

Federal Technology Transfer Act of 1986. For complete

classification of this Act to the Code, see Short Title of 1986

Amendments note set out under section 3701 of Title 15 and Tables.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-266 designated existing provisions as subsec.

(a) and added subsecs. (b) to (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-4 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-4. Southern California comprehensive water reclamation

and reuse study

-STATUTE-

(a) General authority

The Secretary is authorized to conduct a study to assess the

feasibility of a comprehensive water reclamation and reuse system

for Southern California. For the purpose of sections 390h to

390h-17 of this title, the term "Southern California" means those

portions of the counties of Imperial, Los Angeles, Orange, San

Bernadino, Riverside, San Diego, and Ventura within the south coast

and Colorado River hydrologic regions as defined by the California

Department of Water Resources.

(b) Cooperation with State; Federal share

The Secretary shall conduct the study authorized by this section

in cooperation with the State of California and appropriate local

and regional entities. The Federal share of the costs associated

with this study shall not exceed 50 per centum of the total.

The Secretary shall submit the report authorized by this section

to the Committee on Energy and Natural Resources of the Senate and

the Committee on Natural Resources of the House of Representatives

not later than six years after appropriation of funds authorized by

sections 390h to 390h-17 of this title.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1606, Oct. 30, 1992, 106 Stat.

4665; Pub. L. 103-437, Sec. 16(a)(2), Nov. 2, 1994, 108 Stat.

4594.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural

Resources" for "Interior and Insular Affairs" before "of the

House".

-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-

REUSE OF WASTE WATER

Pub. L. 102-580, title II, Sec. 217, Oct. 31, 1992, 106 Stat.

4833, provided that:

"(a) In General. - The Secretary is authorized to provide

assistance to non-Federal interests for carrying out projects

described in subsection (c) for the beneficial reuse of waste

water. Such assistance may be in the form of technical and planning

and design assistance. If the Secretary is to provide any design or

engineering assistance to carry out a project under this section,

the Secretary shall obtain by procurement from private sources all

services necessary for the Secretary to provide such assistance,

unless the Secretary finds that -

"(1) the service would require the use of a new technology

unavailable in the private sector; or

"(2) a solicitation or request for proposal has failed to

attract 2 or more bids or proposals.

"(b) Non-Federal Share. - The non-Federal share of the cost of

assistance provided under this section shall not be less than 25

percent, except that such share shall be subject to the ability of

the non-Federal interest to pay, including the procedures and

regulations relating to ability to pay established under section

103(m) of the Water Resources Development Act of 1986 [33 U.S.C.

2213(m)].

"(c) Project Descriptions. - The projects for which the Secretary

is authorized to provide assistance under subsection (a) are as

follows:

"(1) Southern california comprehensive water reuse system. -

"(A) Description. - A regional water reuse system for

Southern California to treat, store, and transfer water in

order to provide a new increment of water supply for

agricultural, municipal, industrial, and environmental needs of

Southern California.

"(B) Cooperation. - The Secretary shall carry out this

paragraph in cooperation with the State of California and

appropriate local and regional entities.

"(C) Southern california defined. - For purposes of this

paragraph, the term 'Southern California' means those portions

of the counties of Imperial, Los Angeles, Orange, San

Bernardino, Riverside, San Diego, Ventura, Santa Barbara, and

San Luis Obispo, California, within the south coast, central

coast, and Colorado River hydrologic regions as defined by the

California Department of Water Resources.

"(2) San diego area water reuse demonstration facilities. -

Water reuse facilities (which are not inconsistent with

facilities mandated by the United States District Court in San

Diego, California) to develop advance technology for economically

and environmentally sound alternative water supplies for the San

Diego metropolitan area.

"(3) Santa rosa water reuse projects. -

"(A) Description. - Water reuse projects for the city of

Santa Rosa, California, to treat waste water and store such

treated water for the purposes of providing new water supplies

for agriculture, municipal, environmental, and other purposes

and reducing the use of potable water supplies for purposes

where treated waste water is a viable substitute.

"(B) Cooperation. - The Secretary shall carry out this

paragraph in cooperation with the city of Santa Rosa,

California, and other appropriate authorities.

"(4) Monterey county, california. -

"(A) Description. - Reduction of salt water intrusion into

aquifers in the vicinity of Castroville, California, for the

purposes of improving the water quality of Monterey Bay and

enhancing long-term water supply in the area.

"(B) Cooperation. - The Secretary shall carry out this

paragraph in cooperation with the Monterey Regional Water

Pollution Control Agency and the Monterey County Water

Resources Agency.

"(d) Authorization of Appropriations. - There is authorized to be

appropriated to carry out this section $5,000,000. Such sums shall

remain available until expended."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-2 of this title.

-End-

-CITE-

43 USC Sec. 390h-5 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-5. San Jose area water reclamation and reuse program

-STATUTE-

(a) The Secretary, in cooperation with the city of San Jose,

California, and the Santa Clara Valley Water District, and local

water suppliers, shall participate in the planning, design and

construction of demonstration and permanent facilities to reclaim

and reuse water in the San Jose metropolitan service area.

(b) The Federal share of the costs of the facilities authorized

by subsection (a) of this section shall not exceed 25 per centum of

the total. The Secretary shall not provide funds for the operation

or maintenance of the project.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1607, Oct. 30, 1992, 106 Stat.

4666.)

-MISC1-

DEMONSTRATION OF WASTE WATER TECHNOLOGY, SANTA CLARA VALLEY WATER

DISTRICT AND SAN JOSE, CALIFORNIA

Pub. L. 102-580, title II, Sec. 218, Oct. 31, 1992, 106 Stat.

4834, provided that:

"(a) In General. - The Secretary, in cooperation with the

Administrator of the Environmental Protection Agency, is authorized

to provide design and construction assistance to the Santa Clara

Valley Water District in San Jose, California, and to the city of

San Jose, California, for demonstrating and field testing public

use innovative processes which advance the technology of waste

water reuse and treatment and which promote the use of treated

waste water for critical water supply purposes and for the

protection of fish and wildlife in the San Francisco Bay. All

design, construction, and comprehensive health effects studies

shall be carried out by non-Federal interests.

"(b) Purposes of Assistance. - Assistance may be provided under

this section -

"(1) for the design and construction of an innovative

nonpotable waste water reuse treatment facility with distribution

systems;

"(2) for the design and construction of an innovative potable

waste water reuse pilot plant;

"(3) for implementation of a comprehensive health effects study

of the performance of the potable waste water reuse pilot plant;

and

"(4) after the pilot plant is constructed and is operational,

for the design and construction of a potable waste water reuse

project, along with integration of the additional potable

processes into the existing nonpotable facilities, and the

extension of the distribution systems to groundwater recharge

areas, if the Secretary, in cooperation with the Administrator of

the Environmental Protection Agency, determines that the

established public health requirements and water quality goals

and objectives are being met by the pilot plant, the public

health and safety is not at risk as a result of the operation of

the pilot plant, and the pilot plant is operating reliably.

"(c) Cost Sharing. - Total project costs under this section shall

be shared at 75 percent Federal and 25 percent non-Federal. The

non-Federal sponsor shall receive credit for lands, easements,

rights-of-way, and relocations toward its share of project costs,

but not to exceed 25 percent of total project costs. Operation and

maintenance cost shall be 100 percent non-Federal.

"(d) Authorization of Appropriations. - There is authorized to be

appropriated to carry out this section $10,000,000. Such sums shall

remain available until expended."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-6 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-6. Phoenix metropolitan water reclamation study and

program

-STATUTE-

(a) General authority

The Secretary, in cooperation with the city of Phoenix, Arizona,

shall participate in the planning, design, and construction of the

Phoenix Metropolitan Water Reclamation and Reuse Project to utilize

fully wastewater from the regional wastewater treatment plant for

direct municipal, industrial, agricultural and environmental

purposes, groundwater recharge and indirect potable reuse in the

Phoenix metropolitan area.

(b) Federal share

The Federal share of the costs associated with the project

described in subsection (a) of this section shall not exceed 25 per

centum of the total. The Secretary shall not provide funds for

operation or maintenance of the project.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1608, Oct. 30, 1992, 106 Stat.

4666; Pub. L. 103-437, Sec. 16(a)(2), Nov. 2, 1994, 108 Stat. 4594;

Pub. L. 106-53, title V, Sec. 596, Aug. 17, 1999, 113 Stat. 384.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-53, Sec. 596(1), added subsec.

(a) and struck out former subsec. (a) which read as follows: "The

Secretary, in cooperation with the city of Phoenix, Arizona, shall

conduct a feasibility study of the potential for development of

facilities to utilize fully wastewater from the regional wastewater

treatment plant for direct municipal, industrial, agricultural, and

environmental purposes, groundwater recharge and direct potable

reuse in the Phoenix metropolitan area, and in cooperation with the

city of Phoenix design and construct facilities for environmental

purposes, ground water recharge and direct potable reuse."

Subsec. (b). Pub. L. 106-53, Sec. 596(2), struck out first

sentence which read as follows: "The Federal share of the costs of

the study authorized by this section shall not exceed 50 per centum

of the total."

Subsec. (c). Pub. L. 106-53, Sec. 596(3), struck out subsec. (c)

which read as follows: "The Secretary shall submit the report

authorized by this section to the Committee on Energy and Natural

Resources of the Senate and the Committee on Natural Resources of

the House of Representatives not later than two years after

appropriation of funds authorized by sections 390h to 390h-15 of

this title."

1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural

Resources" for "Interior and Insular Affairs" before "of the

House".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390h-2, 390h-13 of this

title.

-End-

-CITE-

43 USC Sec. 390h-7 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-7. Tucson area water reclamation study

-STATUTE-

(a) General authority

The Secretary, in cooperation with the State of Arizona and

appropriate local and regional entities, shall conduct a

feasibility study of comprehensive water reclamation and reuse

system for Southern Arizona. For the purpose of this section, the

term "Southern Arizona" means those portions of the counties of

Pima, Santa Cruz, and Pinal within the Tucson Active Management

Hydrologic Area as defined by the Arizona Department of Water

Resources.

(b) Federal share

The Federal share of the costs of the study authorized by this

section shall not exceed 50 per centum of the total.

The Secretary shall submit the report authorized by this section

to the Committee on Energy and Natural Resources of the Senate and

the Committee on Natural Resources of the House of Representatives

not later than four years after appropriation of funds authorized

by sections 390h to 390h-17 of this title.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1609, Oct. 30, 1992, 106 Stat.

4666; Pub. L. 103-437, Sec. 16(a)(2), Nov. 2, 1994, 108 Stat.

4594.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural

Resources" for "Interior and Insular Affairs" before "of the

House".

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390h-2, 390h-13 of this

title.

-End-

-CITE-

43 USC Sec. 390h-8 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-8. Lake Cheraw water reclamation and reuse study

-STATUTE-

(a) General authority

The Secretary is authorized, in cooperation with the State of

Colorado and appropriate local and regional entities, to conduct a

study to assess and develop means of reclaiming the waters of Lake

Cheraw, Colorado, or otherwise ameliorating, controlling and

mitigating potential negative impacts of pollution in the waters of

Lake Cheraw on groundwater resources or the waters of the Arkansas

River.

(b) Federal share

The Federal share of the costs of the study authorized by this

section shall not exceed 50 per centum of the total.

The Secretary shall submit the report authorized by this section

to the Committee on Energy and Natural Resources of the Senate and

the Committee on Natural Resources of the House of Representatives

not later than two years after appropriation of funds authorized by

sections 390h to 390h-17 of this title.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1610, Oct. 30, 1992, 106 Stat.

4667; Pub. L. 103-437, Sec. 16(a)(2), Nov. 2, 1994, 108 Stat.

4594.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural

Resources" for "Interior and Insular Affairs" before "of the

House".

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390h-2, 390h-13 of this

title.

-End-

-CITE-

43 USC Sec. 390h-9 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-9. San Francisco area water reclamation study

-STATUTE-

(a) General authority

The Secretary, in cooperation with the city and county of San

Francisco, shall conduct a feasibility study of the potential for

development of demonstration and permanent facilities to reclaim

water in the San Francisco area for the purposes of export and

reuse elsewhere in California.

(b) Federal share

The Federal share of the costs of the study authorized by this

section shall not exceed 50 per centum of the total.

The Secretary shall submit the report authorized by this section

to the Committee on Energy and Natural Resources of the Senate and

the Committee on Natural Resources of the House of Representatives

not later than five years after appropriation of funds authorized

by sections 390h to 390h-17 of this title.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1611, Oct. 30, 1992, 106 Stat.

4667; Pub. L. 103-437, Sec. 16(a)(2), Nov. 2, 1994, 108 Stat. 4594;

Pub. L. 104-266, Sec. 6, Oct. 9, 1996, 110 Stat. 3296.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-266 substituted "five" for

"four".

1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural

Resources" for "Interior and Insular Affairs" before "of the

House".

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-10 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-10. San Diego area water reclamation program

-STATUTE-

(a) The Secretary, in cooperation with the city of San Diego,

California (!1) or its successor agency in the management of the

San Diego Area Wastewater Management District, shall participate in

the planning, design and construction of demonstration and

permanent facilities to reclaim and reuse water in the San Diego

metropolitan service area.

(b) The Federal share of the costs of the facilities authorized

by subsection (a) of this section shall not exceed 25 per centum of

the total. The Secretary shall not provide funds for the operation

or maintenance of the project.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1612, Oct. 30, 1992, 106 Stat.

4667.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

43 USC Sec. 390h-11 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-11. Los Angeles area water reclamation and reuse project

-STATUTE-

(a) The Secretary is authorized to participate with the city and

county of Los Angeles, State of California, West Basin Municipal

Water District, and other appropriate authorities, in the design,

planning, and construction of water reclamation and reuse projects

to treat approximately one hundred and twenty thousand acre-feet

per year of effluent from the city and county of Los Angeles, in

order to provide new water supplies for industrial, environmental,

and other beneficial purposes, to reduce the demand for imported

water, and to reduce sewage effluent discharged into Santa Monica

Bay.

(b) The Secretary's share of costs associated with the project

described in subsection (a) of this section shall not exceed 25 per

centum of the total. The Secretary shall not provide funds for

operation or maintenance of the project.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1613, Oct. 30, 1992, 106 Stat.

4667.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12. San Gabriel basin demonstration project

-STATUTE-

(a) The Secretary, in cooperation with the Metropolitan Water

District of Southern California and the Main San Gabriel Water

Quality Authority or a successor public agency, is authorized to

participate in the design, planning and construction of a

conjunctive-use facility designed to improve the water quality in

the San Gabriel groundwater basin and allow the utilization of the

basin as a water storage facility; Provided, That this authority

shall not be construed to limit the authority of the United States

under any other Federal statute to pursue remedial actions or

recovery of costs for work performed pursuant to this subsection.

(b) The Secretary's share of costs associated with the project

described in subsection (a) of this section shall not exceed 25 per

centum of the total. The Secretary shall not provide funds for the

operation or maintenance of the project.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1614, Oct. 30, 1992, 106 Stat.

4668.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12a. North San Diego County Area Water Recycling Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the appropriate State and

local authorities, is authorized to participate in the design,

planning, and construction of the North San Diego County Area Water

Recycling Project, consisting of projects to reclaim and reuse

water within service areas of the San Elijo Joint Powers Authority,

the Leucadia County Water District, the City of Carlsbad, and the

Olivenhain Municipal Water District, California.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1615, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3290.)

-MISC1-

PRIOR PROVISIONS

A prior section 1615 of Pub. L. 102-575 was renumbered section

1631 and is classified to section 390h-13 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12b. Calleguas Municipal Water District Recycling Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the appropriate State and

local authorities, is authorized to participate in the design,

planning, and construction of the Calleguas Municipal Water

District Recycling Project to reclaim and reuse water in the

service area of the Calleguas Municipal Water District in Ventura

County, California.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1616, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3290.)

-MISC1-

PRIOR PROVISIONS

A prior section 1616 of Pub. L. 102-575 was renumbered section

1632 and is classified to section 390h-14 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12c. Central Valley Water Recycling Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the appropriate State and

local authorities, is authorized to participate in the design,

planning, and construction of the Central Valley Water Recycling

Project to reclaim and reuse water in the service areas of the

Central Valley Reclamation Facility and the Salt Lake County Water

Conservancy District in Utah.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1617, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)

-MISC1-

PRIOR PROVISIONS

A prior section 1617 of Pub. L. 102-575 was renumbered section

1633 and is classified to section 390h-15 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12d. St. George Area Water Recycling Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the appropriate State and

local authorities, is authorized to participate in the design,

planning, and construction of the St. George Area Water Recycling

Project to reclaim and reuse water in the service area of the

Washington County Water Conservancy District in Utah.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1618, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12e. Watsonville Area Water Recycling Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the City of Watsonville,

California, is authorized to participate in the design, planning,

and construction of the Watsonville Area Water Recycling Project to

reclaim and reuse water in the Pajaro Valley in Santa Cruz County,

California.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1619, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12f. Southern Nevada Water Recycling Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the appropriate State and

local authorities, is authorized to participate in the design,

planning, and construction of the Southern Nevada Water Recycling

Project to reclaim and reuse water in the service area of the

Southern Nevada Water Authority in Clark County, Nevada.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1620, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12g 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12g. Albuquerque Metropolitan Area Water Reclamation and

Reuse Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the city of Albuquerque, New

Mexico, is authorized to participate in the planning, design, and

construction of the Albuquerque Metropolitan Area Water Reclamation

and Reuse Project to reclaim and reuse industrial and municipal

wastewater and reclaim and use naturally impaired ground water and

nonpotable surface water in the Albuquerque metropolitan area.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1621, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3292; amended Pub. L. 105-62,

title V, Sec. 506, Oct. 13, 1997, 111 Stat. 1339.)

-COD-

CODIFICATION

Section 506 of Pub. L. 105-62, which directed the amendment of

"section 1621 of title XVI of the Reclamation Wastewater and

Groundwater Act, Public Law 104-266", was executed by making the

amendment to this section, which is section 1621 of title XVI of

the Reclamation Wastewater and Groundwater Study and Facilities

Act, Pub. L. 102-575, as added by Pub. L. 104-266, to reflect the

probable intent of Congress.

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-62, Sec. 506(1), which directed the

substitution of "project" for "study" in section catchline, was

executed by substituting "Project" for "Study" to reflect the

probable intent of Congress.

Subsec. (a). Pub. L. 105-62, Sec. 506(2), (3), inserted

"planning, design, and construction of the" after "to participate

in the" and "and nonpotable surface water" after "impaired ground

water".

Pub. L. 105-62, Sec. 506(1), which directed the substitution of

"project" for "study", was executed by substituting "Project" for

"Study" to reflect the probable intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12h. El Paso Water Reclamation and Reuse Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the appropriate State and

local authorities, is authorized to participate in the design,

planning, and construction of the El Paso Water Reclamation and

Reuse Project to reclaim and reuse wastewater in the service area

of the El Paso Water Utilities Public Service Board, El Paso,

Texas.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1622, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3292.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12i 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12i. Reclaimed water in Pasadena

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the appropriate State and

local authorities, is authorized to participate in the design,

planning, and construction of the City of Pasadena, California,

reclaimed water project to obtain, store, and use reclaimed water

in Pasadena and its service area, as well as neighboring

communities.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1623, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3292.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12j 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12j. Phase 1 of Orange County Regional Water Reclamation

Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the appropriate State and

local authorities, is authorized to participate in the design,

planning, and construction of phase 1 of the Orange County Regional

Water Reclamation Project, to reclaim and reuse water within the

service area of the Orange County Water District in California.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1624, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3292.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12k 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12k. City of West Jordan Water Reuse Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the City of West Jordan, Utah,

is authorized to participate in the design, planning, and

construction of the City of West Jordan Water Reuse Project to

recycle and reuse water in its service area from the South Valley

Water Reclamation Facility Discharge Waters in Utah.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1625, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12l 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12l. Hi-Desert Water District in Yucca Valley, California

wastewater collection and reuse facility

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the appropriate State and

local authorities, is authorized to participate in the design,

planning, and construction of the Hi-Desert Water District in Yucca

Valley, California wastewater collection and reuse facility.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1626, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12m 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12m. Mission Basin Brackish Groundwater Desalting

Demonstration Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the City of Oceanside, is

authorized to participate in the design, planning, and construction

of a 3,000,000 gallon per day expansion of the Mission Basin

Brackish Groundwater Desalting Demonstration Project in Oceanside,

California.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1627, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12n 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12n. Treatment of effluent from sanitation districts of

Los Angeles County through city of Long Beach

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the Water Replenishment

District of Southern California, the Orange County Water District

in the State of California, and other appropriate authorities, is

authorized to participate in the design, planning, and construction

of water reclamation and reuse projects to treat approximately

10,000 acre-feet per year of effluent from the sanitation districts

of Los Angeles County through the city of Long Beach.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1628, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12o 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12o. San Joaquin Area Water Recycling and Reuse Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the appropriate State and

local authorities, is authorized to participate in the design,

planning, and construction of the San Joaquin Area Water Recycling

and Reuse Project, in cooperation with the City of Tracy, and

consisting of participating projects which will reclaim and reuse

water within the County of San Joaquin in California.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1629, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3294.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-12p 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-12p. Tooele Wastewater Treatment and Reuse Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with Tooele City, Utah, is

authorized to participate in the design, planning, and construction

of the Tooele Wastewater Treatment and Reuse Project.

(b) Cost share

The Federal share of the cost of a project described in

subsection (a) of this section shall not exceed 25 percent of the

total cost.

The Secretary shall not provide funds for the operation or

maintenance of a project described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1630, as added Pub. L. 104-266,

Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3294.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-13 of this title.

-End-

-CITE-

43 USC Sec. 390h-13 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-13. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated such sums as may be

necessary to carry out the purposes and provisions of sections 390h

through 390h-12p of this title.

(b) Prerequisite cost-sharing agreement

(1) Funds may not be appropriated for the construction of any

project authorized by sections 390h to 390h-17 of this title until

after -

(A) an appraisal investigation and a feasibility study that

complies with the provisions of sections 390h-1(b) or 390h-2(c)

of this title, as the case may be, have been completed by the

Secretary or the non-Federal project sponsor;

(B) the Secretary has determined that the non-Federal project

sponsor is financially capable of funding the non-Federal share

of the project's costs; and

the non-Federal project sponsor which commits the non-Federal

project sponsor to funding its proportionate share of the

project's construction costs on an annual basis.

(2) The requirements of paragraph (1) shall not apply to those

projects authorized by sections 390h to 390h-17 of this title for

which funds were appropriated prior to January 1, 1996.

The Secretary shall notify the Committees on Resources and

Appropriations of the House of Representatives and the Committees

on Energy and Natural Resources and Appropriations of the Senate

within 30 days after the signing of a cost-sharing agreement

pursuant to subsection (b) of this section that such an agreement

has been signed and that the Secretary has determined that the

non-Federal project sponsor is financially capable of funding the

project's non-Federal share of the project's costs.

(d) Ceiling on Federal share

(1) Notwithstanding any other provision of sections 390h to

390h-17 of this title and except as provided by paragraph (2), the

Federal share of the costs of each of the individual projects

authorized by sections 390h to 390h-17 of this title shall not

exceed $20,000,000 (October 1996 prices).

(2) In the case of any project authorized by sections 390h to

390h-17 of this title for which construction funds were

appropriated before January 1, 1996, the Federal share of the cost

of such project may not exceed the amount specified as the "total

Federal obligation" for that project in the budget justification

made by the Bureau of Reclamation for fiscal year 1997, as

contained in part 3 of the report of the hearing held on March 27,

1996, before the Subcommittee on Energy and Water Development of

the Committee on Appropriations of the House of Representatives.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1631, formerly Sec. 1615, Oct.

30, 1992, 106 Stat. 4668; renumbered Sec. 1631 and amended Pub. L.

104-266, Secs. 2(a)(1), (b)(1), 7, Oct. 9, 1996, 110 Stat. 3290,

3294, 3296.)

-REFTEXT-

REFERENCES IN TEXT

Sections 390h through 390h-12p of this title, referred to in

subsec. (a), was in the original "sections 1601 through 1630 of

this title" meaning sections 1601 through 1630 of title XVI of Pub.

L. 102-575, which are classified to sections 390h to 390h-12p of

this title and provisions set out as a note under section 390h of

this title.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-266 designated existing provisions as subsec.

(a), substituted "300h-12p" for "300h-12", and added subsecs. (b)

to (d).

-End-

-CITE-

43 USC Sec. 390h-14 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-14. Groundwater study

-STATUTE-

(a) Investigation, analysis, and report

In furtherance of the High Plains Groundwater Demonstration

Program Act of 1983 (98 Stat. 1675) [43 U.S.C. 390g et seq.], the

Secretary of the Interior, acting through the Bureau of Reclamation

and the Geological Survey, shall conduct an investigation and

analysis of the impacts of existing Bureau of Reclamation projects

on the quality and quantity of groundwater resources. Based on such

investigation and analysis, the Secretary shall prepare a

reclamation groundwater management and technical assistance report

which shall include -

(1) a description of the findings of the investigation and

analysis, including the methodology employed;

(2) a description of methods for optimizing Bureau of

Reclamation project operations to ameliorate adverse impacts on

groundwater,(!1) and

(3) the Secretary's recommendations, along with the

recommendations of the Governors of the affected States,

concerning the establishment of a groundwater management and

technical assistance program in the Department of the Interior in

order to assist Federal and non-Federal entity development and

implementation of groundwater management plans and activities.

(b) Consultation with Governors

In conducting the investigation and analysis, and in preparation

of the report referred to in this section, the Secretary shall

consult with the Governors of the affected States.

The report shall be submitted to the Committees on Appropriations

and Natural Resources of the House of Representatives and the

Committees on Appropriations and Energy and Natural Resources of

the Senate within three years of the appropriation of funds

authorized by section 390h-15 of this title.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1632, formerly Sec. 1616, Oct.

30, 1992, 106 Stat. 4668; Pub. L. 103-437, Sec. 16(a)(2), Nov. 2,

1994, 108 Stat. 4594; renumbered Sec. 1632 and amended Pub. L.

104-266, Sec. 2(a)(1), (b)(2), Oct. 9, 1996, 110 Stat. 3290, 3294.)

-REFTEXT-

REFERENCES IN TEXT

The High Plains Groundwater Demonstration Program Act of 1983,

referred to in subsec. (a), is Pub. L. 98-434, Sept. 28, 1984, 98

Stat. 1675, which is classified generally to sections 390g to

390g-8 of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 390g of this

title and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-266, Sec. 2(b)(2), made technical

amendment to reference in original act which appears in text as

reference to section 390h-15 of this title.

1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural

Resources" for "Interior and Insular Affairs" before "of the

House".

-CHANGE-

CHANGE OF NAME

Geological Survey redesignated United States Geological Survey by

provision of title I of Pub. L. 102-154, Nov. 13, 1991, 105 Stat.

1000, set out as a note under section 31 of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 390h-15 of this title.

-FOOTNOTE-

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

-End-

-CITE-

43 USC Sec. 390h-15 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-15. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated for fiscal years beginning

after September 30, 1992, $4,000,000 to carry out the study

authorized by section 390h-14 of this title.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1633, formerly Sec. 1617, Oct.

30, 1992, 106 Stat. 4669; renumbered Sec. 1633 and amended Pub. L.

104-266, Sec. 2(a)(1), (b)(3), Oct. 9, 1996, 110 Stat. 3290, 3294.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-266, Sec. 2(b)(3), made technical amendment to

reference in original act which appears in text as reference to

section 390h-14 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390h, 390h-1, 390h-2,

390h-4, 390h-7, 390h-8, 390h-9, 390h-14 of this title.

-End-

-CITE-

43 USC Sec. 390h-16 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-16. Willow Lake Natural Treatment System Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the city of Salem, Oregon, is

authorized to participate in the design, planning, and construction

of the Willow Lake Natural Treatment System Project to reclaim and

reuse wastewater within and without the service area of the city of

Salem.

(b) Cost share

The Federal share of the cost of the project authorized by this

section shall not exceed 25 percent of the total cost of the

project.

The Secretary shall not provide funds for the operation and

maintenance of the project authorized by this section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1634, as added Pub. L. 105-321,

Sec. 6(a), Oct. 30, 1998, 112 Stat. 3025.)

-End-

-CITE-

43 USC Sec. 390h-17 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 390h-17. Lakehaven, Washington, Water Reclamation and Reuse

Project

-STATUTE-

(a) Authorization

The Secretary, in cooperation with the Lakehaven Utility

District, Washington, is authorized to participate in the design,

planning, and construction of, and land acquisition for, a project

to reclaim and reuse wastewater, including degraded groundwaters,

within and outside of the service area of the Lakehaven Utility

District.

(b) Cost share

The Federal share of the cost of the project authorized by this

section shall not exceed 25 percent of the total cost of the

project.

The Secretary shall not provide funds for the operation and

maintenance of the project authorized by this section.

-SOURCE-

(Pub. L. 102-575, title XVI, Sec. 1635, as added Pub. L. 107-344,

Sec. 1, Dec. 17, 2002, 116 Stat. 2893.)

-End-

-CITE-

43 USC SUBCHAPTER I-A - RECLAMATION REFORM 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

SUBCHAPTER I-A - RECLAMATION REFORM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2212 of this title.

-End-

-CITE-

43 USC Sec. 390aa 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390aa. Congressional declaration of purpose; short title

-STATUTE-

This subchapter shall amend and supplement the Act of June 17,

1902, and Acts supplementary thereto and amendatory thereof (43

U.S.C. 371) [43 U.S.C. 371 et seq.], hereinafter referred to as

"Federal reclamation law". This subchapter may be referred to as

the "Reclamation Reform Act of 1982".

-SOURCE-

(Pub. L. 97-293, title II, Sec. 201, Oct. 12, 1982, 96 Stat. 1263.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

title", meaning title II (Secs. 201-230) of Pub. L. 97-293, Oct.

12, 1982, 96 Stat. 1263, known as the Reclamation Reform Act of

1982, which enacted this subchapter, amended sections 373a, 422e,

425b, and 485h of this title, and repealed section 383 of Title 25,

Indians. For complete classification of title II to the Code, see

Tables.

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. 390bb 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390bb. Definitions

-STATUTE-

As used in this subchapter:

(1) The term "contract" means any repayment or water service

contract between the United States and a district providing for

the payment of construction charges to the United States

including normal operation, maintenance, and replacement costs

pursuant to Federal reclamation law.

(2) The term "district" means any individual or any legal

entity established under State law which has entered into a

contract or is eligible to contract with the Secretary for

irrigation water.

(3)(A) The term "full cost" means an annual rate as determined

by the Secretary that shall amortize the expenditures for

construction properly allocable to irrigation facilities in

service, including all operation and maintenance deficits funded,

less payments, over such periods as may be required under Federal

reclamation law or applicable contract provisions, with interest

on both accruing from October 12, 1982, on costs outstanding at

that date, or from the date incurred in the case of costs arising

subsequent to October 12, 1982: Provided, That operation,

maintenance, and replacement charges required under Federal

reclamation law, including this subchapter, shall be collected in

addition to the full cost charge.

(B) The interest rate used for expenditures made on or before

October 12, 1982, shall be determined by the Secretary of the

Treasury on the basis of the weighted average yield of all

interest bearing, marketable issues sold by the Treasury during

the fiscal year in which the expenditures by the United States

were made, but shall not be less than 7 1/2 per centum per

annum.

12, 1982, shall be determined by the Secretary of the Treasury on

the basis of the arithmetic average of -

(i) the rate as of the beginning of the fiscal year in which

expenditures are made on the basis of the computed average

interest rate payable by the Treasury upon its outstanding

marketable public obligations which are neither due nor

callable for redemption for fifteen years from the date of

issuance; and

(ii) the weighted average yield on all interest-bearing,

marketable issues sold by the Treasury during the fiscal year

preceding the fiscal year in which the expenditures are made.

(4) The term "individual" means any natural person, including

his or her spouse, and including other dependents thereof within

the meaning of the Internal Revenue Code of 1986 (26 U.S.C. 152).

(5) The term "irrigation water" means water made available for

agricultural purposes from the operation of reclamation project

facilities pursuant to a contract with the Secretary.

(6) The term "landholding" means total irrigable acreage of one

or more tracts of land situated in one or more districts owned or

operated under a lease which is served with irrigation water

pursuant to a contract with the Secretary. In determining the

extent of a landholding the Secretary shall add to any

landholding held directly by a qualified or limited recipient

that portion of any landholding held indirectly by such qualified

or limited recipient which benefits that qualified or limited

recipient in proportion to that landholding.

(7) The term "limited recipient" means any legal entity

established under State or Federal law benefiting more than

twenty-five natural persons.

(8) The term "project" means any reclamation or irrigation

project, including incidental features thereof, authorized by

Federal reclamation law, or constructed by the United States

pursuant to such law, or in connection with which there is a

repayment or water service contract executed by the United States

pursuant to such law, or any project constructed by the Secretary

through the Bureau of Reclamation for the reclamation of lands.

(9) The term "qualified recipient" means an individual who is a

citizen of the United States or a resident alien thereof or any

legal entity established under State or Federal law which

benefits twenty-five natural persons or less.

(10) The term "recordable contract" means a contract between

the Secretary and a landowner in writing capable of being

recorded under State law providing for the sale or disposition of

lands held in excess of the ownership limitations of Federal

reclamation law including this subchapter.

(11) The term "Secretary" means the Secretary of the Interior.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 202, Oct. 12, 1982, 96 Stat. 1263;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

Federal reclamation law, referred to in pars. (1), (3)(A), (8),

and (10), is defined in section 390aa of this title.

-MISC1-

AMENDMENTS

1986 - Par. (4). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390cc, 390ee, 422e, 2212

of this title; title 26 section 90.

-End-

-CITE-

43 USC Sec. 390cc 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390cc. New or amended contracts

-STATUTE-

(a) Generally

The provisions of this subchapter shall be applicable to any

district which -

(1) enters into a contract with the Secretary subsequent to

October 12, 1982;

(2) enters into any amendment of its contract with the

Secretary subsequent to October 12, 1982, which enables the

district to receive supplemental or additional benefits; or

(3) which amends its contract for the purpose of conforming to

the provisions of this subchapter.

(b) Amendment of existing contracts

Any district which has an existing contract with the Secretary as

of October 12, 1982, which does not enter into an amendment of such

contract as specified in subsection (a) of this section shall be

subject to Federal reclamation law in effect immediately prior to

October 12, 1982, as that law is amended or supplemented by

sections 209 through 230 of this title [43 U.S.C. 390ii - 390zz-1,

373a, 422e, 425b, 485h]. Within a district that does not enter into

an amendment of its contract with the Secretary within four and

one-half years of October 12, 1982, irrigation water may be

delivered to lands leased in excess of a landholding of one hundred

and sixty acres only if full cost, as defined in section

390bb(3)(A) of this title, is paid for such water as is assignable

to those lands leased in excess of such landholding of one hundred

and sixty acres: Provided, That the interest rate used in computing

full cost under this subsection shall be the same as provided in

section 390ee(a)(3) of this title.

amendment to contract

In the absence of an amendment to a contract, as specified in

subsection (a) of this section, a qualified recipient or limited

recipient may elect to be subject to the provisions of this

subchapter by executing an irrevocable election in a form approved

by the Secretary to comply with this subchapter. The district shall

thereupon deliver irrigation water to and collect from such

recipient, for the credit of the United States, the additional

charges required by this subchapter and assignable to the recipient

making the election.

(d) Consent of non-Federal party

Amendments to contracts which are not required by the provisions

of this subchapter shall not be made without the consent of the

non-Federal party.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 203, Oct. 12, 1982, 96 Stat. 1264.)

-REFTEXT-

REFERENCES IN TEXT

Federal reclamation law, referred to in subsec. (b), is defined

in section 390aa of this title.

Sections 209 through 230 of this title, referred to in subsec.

(b), are sections 209 through 230 of title II of Pub. L. 97-293,

which enacted sections 390ii through 390zz-1 of this title, amended

sections 373a, 422e, 425b, and 485h of this title, and repealed

section 383 of Title 25, Indians.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390ee, 390ff, 390hh, 508,

2212, 2213 of this title.

-End-

-CITE-

43 USC Sec. 390dd 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390dd. Limitation on ownership

-STATUTE-

Except as provided in section 390ii of this title, irrigation

water may not be delivered to -

(1) a qualified recipient for use in the irrigation of lands

owned by such qualified recipient in excess of nine hundred and

sixty acres of class I lands or the equivalent thereof; or

(2) a limited recipient for the use in the irrigation of lands

owned by such limited recipient in excess of six hundred and

forty acres of class I lands or the equivalent thereof;

whether situated in one or more districts.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 204, Oct. 12, 1982, 96 Stat. 1265.)

-End-

-CITE-

43 USC Sec. 390ee 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390ee. Pricing

-STATUTE-

(a) Delivery of irrigation water at full cost

Notwithstanding any other provision of law, any contract with a

district entered into by the Secretary as specified in section

390cc of this title, shall provide for the delivery of irrigation

water at full cost as defined in section 390bb(3) of this title to:

(1) a landholding in excess of nine hundred and sixty acres of

class I lands or the equivalent thereof for a qualified

recipient,(!1)

(2) a landholding in excess of three hundred and twenty acres

of class I land or the equivalent thereof for a limited recipient

receiving irrigation water on or before October 1, 1981; and

(3) the entire landholding of a limited recipient not receiving

irrigation water on or before October 1, 1981: Provided, That the

interest rate used in computing full cost under this paragraph

shall be determined by the Secretary of the Treasury on the basis

of the arithmetic average of -

(A) the computed average interest rate payable by the

Treasury upon its outstanding marketable public obligations

which are neither due nor callable for redemption for fifteen

years from the date of issuance; and

(B) the weighted average of market yields on all

interest-bearing, marketable issues sold by the Treasury

during the fiscal year preceding the fiscal year in which the

expenditures are made, or October 12, 1982, for expenditures made

before October 12, 1982.

(b) Delivery of irrigation water at prior terms and conditions

Any contract with a district entered into by the Secretary as

specified in section 390cc of this title, shall provide for the

delivery of irrigation water to lands not in excess of the

landholdings described in subsection (a) of this section upon terms

and conditions related to pricing established by the Secretary

pursuant to Federal reclamation law in effect immediately prior to

October 12, 1982, or, in the case of an amended contract, upon the

terms and conditions established by such contract prior to the date

of its amendment. However, the portion of any price established

under this subsection which relates to operation and maintenance

charges shall be established pursuant to section 390hh of this

title.

contracts

Notwithstanding any extension of time of any recordable contract

as provided in section 390ii(e) of this title, lands under

recordable contract shall be eligible to receive irrigation water

at less than full cost for a period not to exceed ten years from

the date such recordable contract was executed by the Secretary in

the case of contracts existing prior to October 12, 1982, or five

years from the date such recordable contract was executed by the

Secretary in the case of contracts entered into subsequent to

October 12, 1982, or the time specified in section 390rr of this

title for lands described in that section: Provided, That in no

case shall the right to receive water at less than full cost under

this subsection terminate sooner than eighteen months after the

date on which the Secretary again commences the processing or the

approval of the disposition of such lands.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 205, Oct. 12, 1982, 96 Stat. 1265.)

-REFTEXT-

REFERENCES IN TEXT

Federal reclamation law, referred to in subsec. (b), is defined

in section 390aa of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390cc, 390pp, 390ww of

this title.

-FOOTNOTE-

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

-End-

-CITE-

43 USC Sec. 390ff 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390ff. Certification of compliance

-STATUTE-

As a condition to the receipt of irrigation water for lands in a

district which has a contract as specified in section 390cc of this

title, each landowner and lessee within such district shall furnish

the district, in a form prescribed by the Secretary, a certificate

that they are in compliance with the provisions of this subchapter

including a statement of the number of acres leased, the term of

any lease, and a certification that the rent paid reflects the

reasonable value of the irrigation water to the productivity of the

land. The Secretary may require any lessee to submit to him, for

his examination, a complete copy of any such lease executed by each

of the parties thereto.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 206, Oct. 12, 1982, 96 Stat. 1266.)

-End-

-CITE-

43 USC Sec. 390gg 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390gg. Equivalency

-STATUTE-

Upon the request of any district, the ownership and pricing

limitations imposed by this subchapter shall apply to the irrigable

lands classified within such district by the Secretary as having

class I productive potential or the equivalent thereof in larger

acreage of less productive potential, as determined by the

Secretary, taking into account all factors which significantly

affect productivity, including but not limited to topography, soil

characteristics, length of growing season, elevation, adequacy of

water supply, and crop adaptability.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 207, Oct. 12, 1982, 96 Stat. 1266.)

-End-

-CITE-

43 USC Sec. 390hh 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390hh. Operation and maintenance charges

-STATUTE-

(a) Price adequate to recover charges

The price of irrigation water delivered by the Secretary pursuant

to a contract or an amendment to a contract with a district, as

specified in section 390cc of this title, shall be at least

sufficient to recover all operation and maintenance charges which

the district is obligated to pay to the United States.

(b) Modification of price

Whenever a district enters into a contract or requests that its

contract be amended as specified in section 390cc of this title,

and each year thereafter, the Secretary shall calculate such

operation and maintenance charges and shall modify the price of

irrigation water delivered under the contract as necessary to

reflect any changes in such costs by amending the district's

contract accordingly.

This section shall not apply to districts which operate and

maintain project facilities and finance the operation and

maintenance thereof from non-Federal funds.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 208, Oct. 12, 1982, 96 Stat. 1267.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390ii 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390ii. Disposition of excess lands

-STATUTE-

(a) Disposal of lands in excess of ownership limitations within

reasonable time

Irrigation water made available in the operation of reclamation

project facilities may not be delivered for use in the irrigation

of lands held in excess of the ownership limitations imposed by

Federal reclamation law, including this subchapter, unless and

until the owners thereof shall have executed a recordable contract

with the Secretary, in accordance with the terms and conditions

required by Federal reclamation law, requiring the disposal of

their interest in such excess lands within a reasonable time to be

established by the Secretary. In the case of recordable contracts

entered into prior to October 12, 1982, such reasonable time shall

not exceed ten years after the recordable contract is executed by

the Secretary. In the case of recordable contracts entered into

after October 12, 1982, except as provided in section 390rr of this

title, such reasonable time shall not exceed five years after the

recordable contract is executed by the Secretary.

(b) Continued delivery of irrigation water to lands held in excess

of ownership limitations

Lands held in excess of the ownership limitations imposed by

Federal reclamation law, including this subchapter, which, on

October 12, 1982, are, or are capable of, receiving delivery of

irrigation water made available by the operation of existing

reclamation project facilities may receive such deliveries only -

(1) if the disposal of the owner's interest in such lands is

required by an existing recordable contract with the Secretary,

(2) if the owners of such lands have requested that a

recordable contract be executed by the Secretary.

Recordable contracts existing on October 12, 1982, shall be

amended at the request of the landowner to conform with the

ownership limitations contained in this subchapter: Provided, That

the time period for disposal of excess lands specified in the

existing recordable contract shall not be extended except as

provided in subsection (e) of this section.

(d) Power of attorney requirement in contracts; exercise of power

by Secretary

Any recordable contract covering excess lands sales shall provide

that a power of attorney shall vest in the Secretary to sell any

excess lands not disposed of by the owners thereof within the

period of time specified in the recordable contract. In the

exercise of that power, the Secretary shall sell such lands through

an impartial selection process only to qualified purchasers

according to such reasonable rules and regulations as the Secretary

may establish: Provided, That the Secretary shall recover for the

owner the fair market value of the land unrelated to irrigation

water deliveries plus the fair market value of improvements

thereon.

(e) Extension of time for disposal of excess lands

In the event that the owner of any lands in excess of the

ownership limitations of Federal reclamation law has heretofore

entered into a recordable contract with the Secretary for the

disposition of such excess lands and has been prevented from

disposing of them because the Secretary may have withheld the

processing or approval of the disposition of the lands (whether he

may have been compelled to do so by court order or for other

reasons), the period of time for the disposal of such lands by the

owner thereof pursuant to the contract shall be extended from the

date on which the Secretary again commences the processing or the

approval of the disposition of such lands for a period which shall

be equal to the remaining period of time under the recordable

contract for the disposal thereof by the owner at the time the

decision of the Secretary to withhold the processing or approval of

such disposition first became effective.

(f) Eligibility of excess lands for irrigation water after

disposition

Excess lands which have been or may be disposed of in compliance

with Federal reclamation law, including this subchapter, shall not

be considered eligible to receive irrigation water unless -

(1) they are held by nonexcess owners; and

(2) in the case of disposals made after October 12, 1982, their

title is burdened by a covenant prohibiting their sale, for a

period of ten years after their original disposal to comply with

Federal reclamation law, including this subchapter, for values

exceeding the sum of the value of newly added improvements and

the value of the land as increased by market appreciation

unrelated to the delivery of irrigation water. Upon expiration of

the terms of such covenant, the title to such lands shall be

freed of the burden of any limitations on subsequent sale values

which might otherwise be imposed by the operation of section 423e

of this title.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 209, Oct. 12, 1982, 96 Stat. 1267.)

-REFTEXT-

REFERENCES IN TEXT

Federal reclamation law, referred to in subsecs. (a), (b), (e),

and (f), is defined in section 390aa of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390cc, 390dd, 390ee of

this title.

-End-

-CITE-

43 USC Sec. 390jj 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390jj. Water conservation

-STATUTE-

(a) Implementation of program by non-Federal recipients

The Secretary shall, pursuant to his authorities under otherwise

existing Federal reclamation law, encourage the full consideration

and incorporation of prudent and responsible water conservation

measures in the operations of non-Federal recipients of irrigation

water from Federal reclamation projects, where such measures are

shown to be economically feasible for such non-Federal recipients.

(b) Development of plan

Each district that has entered into a repayment contract or water

service contract pursuant to Federal reclamation law or the Water

Supply Act of 1958, as amended (43 U.S.C. 390b), shall develop a

water conservation plan which shall contain definite goals,

appropriate water conservation measures, and a time schedule for

meeting the water conservation objectives.

The Secretary is authorized and directed to enter into

memorandums of agreement with those Federal agencies having

capability to assist in implementing water conservation measures to

assure coordination of ongoing programs. Such memorandums should

provide for involvement of non-Federal entities such as States,

Indian tribes, and water user organizations to assure full public

participation in water conservation efforts.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 210, Oct. 12, 1982, 96 Stat. 1268.)

-REFTEXT-

REFERENCES IN TEXT

Federal reclamation law, referred to in subsecs. (a) and (b), is

defined in section 390aa of this title.

The Water Supply Act of 1958, as amended, referred to in subsec.

(b), is title III of Pub. L. 85-500, July 3, 1958, 72 Stat. 319, as

amended, which enacted section 390b of this title and enacted a

provision set out as a note under section 390b of this title. For

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

note set out under section 390b of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390kk 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390kk. Residency not required

-STATUTE-

Notwithstanding any other provision of law, irrigation water made

available from the operation of reclamation project facilities

shall not be withheld from delivery to any project lands for the

reason that the owners, lessees, or operators do not live on or

near them.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 211, Oct. 12, 1982, 96 Stat. 1269.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390ll 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390ll. Corps of Engineers projects

-STATUTE-

(a) Applicability of Federal reclamation laws

Notwithstanding any other provision of law, neither the ownership

or pricing limitation provisions nor the other provisions of

Federal reclamation law, including this subchapter, shall be

applicable to lands receiving benefits from Federal water resources

projects constructed by the United States Army Corps of Engineers,

unless -

(1) the project has, by Federal statute, explicitly been

designated, made a part of, or integrated with a Federal

reclamation project; or

(2) the Secretary, pursuant to his authority under Federal

reclamation law, has provided project works for the control or

conveyance of an agricultural water supply for the lands

involved.

(b) Payment of construction, operation, maintenance and

administrative costs allocated to conservation or irrigation

storage

Notwithstanding any other provision of this section to the

contrary, obligations that require water users, pursuant to

contracts with the Secretary, to repay the share of construction

costs and to pay the share of the operation and maintenance and

contract administrative costs of a Corps of Engineers project which

are allocated to conservation storage or irrigation storage shall

remain in effect.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 212, Oct. 12, 1982, 96 Stat. 1269.)

-REFTEXT-

REFERENCES IN TEXT

Federal reclamation law, referred to in subsec. (a), is defined

in section 390aa of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390mm 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390mm. Repayment of construction charges

-STATUTE-

(a) Ownership and pricing limitations inapplicable when repayment

obligation has been discharged

The ownership and full cost pricing limitations of this

subchapter and the ownership limitations provided in any other

provision of Federal reclamation law shall not apply to lands in a

district after the obligation of a district for the repayment of

the construction costs of the project facilities used to make

project water available for delivery to such lands shall have been

discharged by a district (or by a person within the district

pursuant to a contract existing on October 12, 1982), by payment of

periodic installments throughout a specified contract term,

including individual or district accelerated payments where so

provided in contracts existing on October 12, 1982.

(b) Certification of freedom from ownership and pricing limitations

(1) The Secretary shall provide, upon request of any owner of a

landholding for which repayment has occurred, a certificate

acknowledging that the landholding is free of the ownership or full

cost pricing limitation of Federal reclamation law. Such

certificate shall be in a form suitable for entry in the land

records of the county in which such landholding is located.

(2) Any certificate issued by the Secretary prior to October 12,

1982, acknowledging that the landholding is free of the acreage

limitation of Federal reclamation law is hereby ratified.

Nothing in this subchapter shall be construed as authorizing or

permitting lump sum or accelerated repayment of construction costs,

except in the case of a repayment contract which is in effect upon

October 12, 1982, and which provides for such lump sum or

accelerated repayment by an individual or district.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 213, Oct. 12, 1982, 96 Stat. 1269.)

-REFTEXT-

REFERENCES IN TEXT

Federal reclamation law, referred to in subsecs. (a) and (b), is

defined in section 390aa of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390nn 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390nn. Trusts

-STATUTE-

(a) The ownership and full cost pricing limitations of this

subchapter and the ownership limitations provided in any other

provision of Federal reclamation law shall not apply to lands in a

district which are held by an individual or corporate trustee in a

fiduciary capacity for a beneficiary or beneficiaries whose

interests in the lands served do not exceed the ownership and

pricing limitations imposed by Federal reclamation law, including

this subchapter.

(b) Lands placed in a revocable trust shall be attributable to

the grantor if -

(1) the trust is revocable at the discretion of the grantor and

revocation results in the title to such lands reverting either

directly or indirectly to the grantor; or

(2) the trust is revoked or terminated by its terms upon the

expiration of a specified period of time and the revocation or

termination results in the title to such lands reverting either

directly or indirectly to the grantor.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 214, Oct. 12, 1982, 96 Stat. 1270;

Pub. L. 100-203, title V, Sec. 5302(b), Dec. 22, 1987, 101 Stat.

1330-269.)

-REFTEXT-

REFERENCES IN TEXT

Federal reclamation law, referred to in subsec. (a), is defined

in section 390aa of this title.

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-203 designated existing provisions as subsec.

(a) and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390oo 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390oo. Temporary supplies of water

-STATUTE-

(a) Limitations inapplicable

Neither the ownership limitations of this subchapter nor the

ownership limitations of any other provision of Federal reclamation

law shall apply to lands which receive only a temporary, not to

exceed one year, supply of water made possible as a result of -

(1) an unusually large water supply not otherwise storable for

project purposes; or

(2) infrequent and otherwise unmanaged flood flows of short

duration.

(b) Waiver of payment for temporary water supplies

The Secretary shall have the authority to waive payments for a

supply of water described in subsection (a) of this section.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 215, Oct. 12, 1982, 96 Stat. 1270.)

-REFTEXT-

REFERENCES IN TEXT

Federal reclamation law, referred to in subsec. (a), is defined

in section 390aa of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390pp 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390pp. Involuntary foreclosure

-STATUTE-

Neither the ownership limitations of this subchapter nor the

ownership limitations of any other provision of Federal reclamation

law shall apply to lands when the lands are acquired by involuntary

foreclosure, or similar involuntary process of law, by bona fide

conveyance in satisfaction of a debt (including, but not limited

to, a mortgage, real estate contract, or deed of trust), by

inheritance, or by devise: Provided, That such lands were eligible

to receive irrigation water prior to such transfer of title or the

mortgaged lands became ineligible to receive water after the

mortgage is recorded but before it is acquired by involuntary

foreclosure or similar involuntary process of law or by bona fide

conveyance in satisfaction of mortgage: Provided further, That if,

after acquisition, such lands are not qualified under Federal

reclamation law, including this subchapter, they shall be furnished

temporarily with an irrigation water supply for a period not

exceeding five years from the effective date of such an

acquisition, delivery of irrigation water thereafter ceasing until

the transfer thereof to a landowner qualified under such laws:

Provided further, That the provisions of section 390ee of this

title shall be applicable separately to each acquisition under this

section if the lands are otherwise subject to the provisions of

section 390ee of this title.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 216, Oct. 12, 1982, 96 Stat. 1270.)

-REFTEXT-

REFERENCES IN TEXT

Federal reclamation law, referred to in text, is defined in

section 390aa of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390qq 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390qq. Isolated tracts

-STATUTE-

Neither the ownership limitations of this subchapter nor the

ownership limitations of any other provision of Federal reclamation

law shall apply to lands which are isolated tracts found by the

Secretary to be economically farmable only if they are included in

a larger farming operation but which may, as a result of their

inclusion in that operation, cause it to exceed such ownership

limitations.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 217, Oct. 12, 1982, 96 Stat. 1270.)

-REFTEXT-

REFERENCES IN TEXT

Federal reclamation law, referred to in text, is defined in

section 390aa of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390rr 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390rr. Central Arizona Project

-STATUTE-

Lands receiving irrigation water pursuant to a contract with the

Secretary as authorized under title III of the Colorado River Basin

Project Act (82 Stat. 887; 43 U.S.C. 1521 et seq.) which are placed

under recordable contract shall be eligible to receive irrigation

water upon terms and conditions related to pricing established by

the Secretary pursuant to Federal reclamation law in effect

immediately prior to October 12, 1982, for a period of time not to

exceed ten years from the date such lands are capable of being

served with irrigation water, as determined by the Secretary.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 218, Oct. 12, 1982, 96 Stat. 1271.)

-REFTEXT-

REFERENCES IN TEXT

The Colorado River Basin Project Act, referred to in text, is

Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as amended. Title III

of the Colorado River Basin Project Act is classified generally to

subchapter III (Sec. 1521 et seq.) of chapter 32 of this title. For

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

note set out under section 1501 of this title and Tables.

Federal reclamation law, referred to in text, is defined in

section 390aa of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390cc, 390ee, 390ii of

this title.

-End-

-CITE-

43 USC Sec. 390ss 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390ss. Religious or charitable organizations

-STATUTE-

An individual religious or charitable entity or organization

(including but not limited to a congregation, parish, school, ward,

or chapter) which is exempt from taxation under section 501 of the

Internal Revenue Code of 1986, as amended (26 U.S.C. 501), and

which owns, operates, or leases any lands within a district shall

be treated as an individual under the provisions of this subchapter

regardless of such entity or organization's affiliation with a

central organization or its subjugation to a hierarchical authority

of the same faith and regardless of whether or not the individual

entity is the owner of record if -

(1) the agricultural produce and the proceeds of sales of such

produce are directly used only for charitable purposes;

(2) said land is operated by said individual religious or

charitable entity or organization (or subdivisions thereof); and

(3) no part of the net earnings of such religious or charitable

entity or organization (or subdivision thereof) shall inure to

the benefit of any private shareholder or individual.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 219, Oct. 12, 1982, 96 Stat. 1271;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"

for "Internal Revenue Code of 1954".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390tt 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390tt. Contract required

-STATUTE-

Irrigation water temporarily made available from reclamation

facilities in excess of ordinary quantities not otherwise storable

for project purposes or at times when such irrigation water would

not have been available without the operations of those facilities,

may be used for irrigation, municipal, or industrial purposes only

to the extent covered by a contract requiring payment for the use

of such irrigation water, executed in accordance with the

Reclamation Project Act of 1939 [43 U.S.C. 485 et seq.], or other

applicable provisions of Federal reclamation law.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 220, Oct. 12, 1982, 96 Stat. 1271.)

-REFTEXT-

REFERENCES IN TEXT

The Reclamation Project Act of 1939, referred to in text, is act

Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended, which is

classified principally to subchapter X (Sec. 485 et seq.) of this

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

section 485k of this title and Tables.

Federal reclamation law, referred to in text, is defined in

section 390aa of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 390cc, 2212, 2213 of this

title.

-End-

-CITE-

43 USC Sec. 390uu 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390uu. Waiver of sovereign immunity

-STATUTE-

Consent is given to join the United States as a necessary party

defendant in any suit to adjudicate, confirm, validate, or decree

the contractual rights of a contracting entity and the United

States regarding any contract executed pursuant to Federal

reclamation law. The United States, when a party to any suit, shall

be deemed to have waived any right to plead that it is not amenable

thereto by reason of its sovereignty, and shall be subject to

judgments, orders, and decrees of the court having jurisdiction,

and may obtain review thereof, in the same manner and to the same

extent as a private individual under like circumstances. Any suit

pursuant to this section may be brought in any United States

district court in the State in which the land involved is situated.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 221, Oct. 12, 1982, 96 Stat. 1271.)

-REFTEXT-

REFERENCES IN TEXT

Federal reclamation law, referred to in text, is defined in

section 390aa of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390vv 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390vv. Excess crop restrictions

-STATUTE-

(a) Report to Congress on production of surplus crops on acreage

served by irrigation water

Within one year of October 12, 1982, the Secretary of

Agriculture, with the cooperation of the Secretary of the Interior,

shall transmit to the Congress a report on the production of

surplus crops on acreage served by irrigation water. The report

shall include -

(1) data delineating the production of surplus crops on lands

served by irrigation water;

(2) the percentage of participation of farms served by

irrigation water in set-aside programs, by acreage, crop, and

State;

(3) the feasibility and appropriateness of requiring the

participation in acreage set-aside programs of farms served by

irrigation water and the costs of such a requirement; and

(4) any recommendations concerning how to coordinate national

reclamation policy with agriculture policy to help alleviate

recurring problems of surplus crops and low commodity prices.

(b) Restrictions prohibiting delivery of irrigation water for

production of excess basic agricultural commodities

In addition, notwithstanding any other provision of law, in the

case of any Federal reclamation project authorized before October

12, 1982, any restriction prohibiting the delivery of irrigation

water for the production of excess basic agricultural commodities

shall extend for a period no longer than ten years after the date

of the initial authorization of such project.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 222, Oct. 12, 1982, 96 Stat. 1272.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390ww 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390ww. Administrative provisions

-STATUTE-

(a) Existing Federal reclamation law

The provisions of Federal reclamation law shall remain in full

force and effect, except to the extent such law is amended by, or

is inconsistent with, this subchapter.

(b) Existing statutory exemptions from ownership or pricing

limitations of Federal reclamation law

Nothing in this subchapter shall repeal or amend any existing

statutory exemptions from the ownership or pricing limitations of

Federal reclamation law.

The Secretary may prescribe regulations and shall collect all

data necessary to carry out the provisions of this subchapter and

other provisions of Federal reclamation law.

(d) Omitted

(e) Sale of nonexcess land acquired into excess status pursuant to

involuntary process of law, etc.

Any nonexcess land which is acquired into excess status pursuant

to involuntary foreclosure or similar involuntary process of law,

conveyance in satisfaction of a debt (including, but not limited

to, a mortgage, real estate contract, or deed of trust),

inheritance, or devise, may be sold at its fair market value

without regard to any other provision of this subchapter or to

section 423e of this title: Provided, That if the status of

mortgaged land changes from nonexcess into excess after the

mortgage is recorded and is subsequently acquired by the lender by

involuntary foreclosure or similar involuntary process of law, by

bona fide conveyance in satisfaction of the mortgage, such land may

be sold at its fair market value.

(f) Omitted

(g) Annual audit of compliance with reclamation laws

In addition to any other audit or compliance activities which may

otherwise be undertaken, the Secretary of the Interior, or his

designee, shall conduct a thorough audit of the compliance with the

reclamation law of the United States, specifically including this

subchapter, by legal entities and individuals subject to such law.

At a minimum, the Secretary shall complete audits of those legal

entities and individuals whose landholdings or operations exceed

960 acres within 3 years.

(h) Recordable contracts executed prior to October 12, 1982

The provisions of section 390ee(c) of this title are and have

been applicable to all recordable contracts executed prior to

October 12, 1982, and any decision, rule, or regulation promulgated

by the Department of the Interior to the contrary is hereby

revoked: Provided, That notwithstanding the provisions of

subsection (i) of this section, the Secretary shall not seek

reimbursement for any amounts due under this subsection or section

390ee(c) of this title which was due prior to December 22, 1987.

(i) Collection of underpayment with interest for irrigation water

When the Secretary finds that any individual or legal entity

subject to reclamation law, including this subchapter, has not paid

the required amount for irrigation water delivered to a landholding

pursuant to reclamation law, including this subchapter, he shall

collect the amount of any underpayment with interest accruing from

the date the required payment was due until paid. The interest rate

shall be determined by the Secretary of the Treasury on the basis

of the weighted average yield of all interest bearing marketable

issues sold by the Treasury during the period of underpayment.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 224, Oct. 12, 1982, 96 Stat. 1272;

Pub. L. 100-203, title V, Sec. 5302(a), Dec. 22, 1987, 101 Stat.

1330-268; Pub. L. 103-437, Sec. 16(a)(3), Nov. 2, 1994, 108 Stat.

4594; Pub. L. 104-66, title I, Sec. 1081(d), Dec. 21, 1995, 109

Stat. 721.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation law, referred to in subsecs. (a) to (c),

is defined in section 390aa of this title.

The reclamation law of the United States and the reclamation law,

referred to in subsecs. (g) and (i), probably means Federal

reclamation law which is defined in section 390aa of this title.

This subchapter, referred to in subsecs. (a) to (c) and (e), was

in the original "this title", meaning title II (Secs. 201-230) of

Pub. L. 97-293, Oct. 12, 1982, 96 Stat. 1263, known as the

Reclamation Reform Act of 1982, which enacted this subchapter,

amended sections 373a, 422e, 425b, and 485h of this title, and

repealed section 383 of Title 25, Indians. For complete

classification of title II to the Code, see Tables.

This subchapter, referred to in subsecs. (g) and (i), was in the

original "this Act" and was translated as reading "this title". See

note above.

-COD-

CODIFICATION

Section is comprised of section 224 of Pub. L. 97-293. Subsec.

(d) of section 224 amended section 425 of this title. Subsec. (f)

of section 224 repealed section 383 of Title 25, Indians, and

amended section 385 of Title 25.

-MISC1-

AMENDMENTS

1995 - Subsec. (g). Pub. L. 104-66 struck out at end "The

Secretary shall submit an annual written report to the Senate

Committee on Energy and Natural Resources and the House Committee

on Natural Resources. Such report shall summarize the legal

entities and individuals audited, the results of such audits, and

the actions taken by the Secretary to correct any instances of

noncompliance with the reclamation law."

1994 - Subsec. (g). Pub. L. 103-437 substituted "Natural

Resources" for "Interior and Insular Affairs" after "House

Committee on".

1987 - Subsecs. (g) to (i). Pub. L. 100-203 added subsecs. (g) to

(i).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390xx 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390xx. Validation of contracts entered into prior to October

1, 1981

-STATUTE-

The provisions of any contract entered into prior to October 1,

1981, by the Secretary with a district, which define project or

nonproject water, or describe the delivery of project water through

nonproject facilities or nonproject water through project

facilities to lands within the district, are hereby authorized and

validated on the part of the United States.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 225, Oct. 12, 1982, 96 Stat. 1273.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390yy 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390yy. Leasing requirements

-STATUTE-

Notwithstanding any other provision of Federal reclamation law,

including this subchapter, lands which receive irrigation water may

be leased only if the lease instrument is -

(1) written; and

(2) for a term not to exceed ten years, including any

exercisable options: Provided, however, That leases of lands for

the production of perennial crops having an average life of more

than ten years may be for periods of time equal to the average

life of the perennial crop but in any event not to exceed

twenty-five years.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 227, Oct. 12, 1982, 96 Stat. 1273.)

-REFTEXT-

REFERENCES IN TEXT

Federal reclamation law, referred to in text, is defined in

section 390aa of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390zz 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390zz. Reporting

-STATUTE-

Any contracting entity subject to the ownership or pricing

limitations of Federal reclamation law shall compile and maintain

such records and information as the Secretary deems reasonably

necessary to implement this subchapter and Federal reclamation law.

On a date set by the Secretary following October 12, 1982, and

annually thereafter, every such contracting entity shall provide in

a form suitable to the Secretary such reports on the above matters

as the Secretary may require.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 228, Oct. 12, 1982, 96 Stat. 1274.)

-REFTEXT-

REFERENCES IN TEXT

Federal reclamation law, referred to in text, is defined in

section 390aa of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 390zz-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER I09A - RECLAMATION REFORM

-HEAD-

Sec. 390zz-1. Severability

-STATUTE-

If any provision of this subchapter or the applicability thereof

to any person or circumstances is held invalid, the remainder of

this subchapter and the application of such provision to other

persons or circumstances shall not be affected thereby.

-SOURCE-

(Pub. L. 97-293, title II, Sec. 230, Oct. 12, 1982, 96 Stat. 1274.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

title", meaning title II (Secs. 201-230) of Pub. L. 97-293, Oct.

12, 1982, 96 Stat. 1263, known as the Reclamation Reform Act of

1982, which enacted this subchapter, amended sections 373a, 422e,

425b, and 485h of this title, and repealed section 383 of Title 25,

Indians. For complete classification of title II to the Code, see

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC SUBCHAPTER II - RECLAMATION FUND GENERALLY 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-End-

-CITE-

43 USC Sec. 391 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 391. Establishment of "reclamation fund"

-STATUTE-

All moneys received from the sale and disposal of public lands in

Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska,

Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota,

Utah, Washington, and Wyoming, beginning with the fiscal year

ending June 30, 1901, including the surplus of fees and commissions

in excess of allowances to officers designated by the Secretary of

the Interior, and excepting the 5 per centum of the proceeds of the

sales of public lands in the above States set aside by law for

educational and other purposes, shall be, and the same are,

reserved, set aside, and appropriated as a special fund in the

Treasury to be known as the "reclamation fund", to be used in the

examination and survey for and the construction and maintenance of

irrigation works for the storage, diversion, and development of

waters for the reclamation of arid and semiarid lands in the said

States and Territories, and for the payment of all other

expenditures provided for in this Act.

The provisions 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 seventeenth, nineteen

hundred and two, be, and the same are hereby, extended so as to

include and apply to the State of Texas, American Samoa, Guam, the

Northern Mariana Islands and the Virgin Islands..(!1)

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 1, 32 Stat. 388; June 12, 1906, ch.

3288, 34 Stat. 259; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208;

Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec.

403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L.

99-396, Sec. 17, Aug. 27, 1986, 100 Stat. 843.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in first par., and 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

seventeenth, nineteen hundred and two, referred to in second par.,

are 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

The first paragraph of this section is comprised of act June 17,

1902, and the second paragraph is comprised of act June 12, 1906,

as amended.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-396 inserted reference to American Samoa, Guam,

the Northern Mariana Islands, and the Virgin Islands in second par.

-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.

Words "officers designated by the Secretary of the Interior"

substituted for "registers" on authority of section 403 of Reorg.

Plan No. 3 of 1946, set out as a note under section 1 of this

title.

Previously, references to register and receiver changed to

offices of register and receiver and provided for a single officer

to be known as register.

-MISC2-

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 390g, 390h, 391a, 391a-1,

455b, 2226 of this title; title 33 section 1300.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

43 USC Sec. 391a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 391a. Advances to reclamation fund

-STATUTE-

The Secretary of the Treasury is authorized, upon request of the

Secretary of the Interior and upon approval of the President, to

transfer from time to time to the credit of the reclamation fund

created by section 391 of this title, such sum or sums, not

exceeding in the aggregate $5,000,000, as the Secretary of the

Interior may deem necessary for the construction and operation of

reclamation projects authorized under the Act of June 17, 1902 (32

Stat. 388), and under way on March 3, 1931, and Acts amendatory

thereof or supplementary thereto.

-SOURCE-

(Mar. 3, 1931, ch. 435, Sec. 1, 46 Stat. 1507.)

-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 391a-1 of this title.

-End-

-CITE-

43 USC Sec. 391a-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 391a-1. Increase in reclamation fund; reimbursement of

advances from Treasury

-STATUTE-

The Secretary of the Treasury is authorized and directed to

transfer to the credit of the reclamation fund, created by section

391 of this title, a sum equal to the difference between (1) 52 1/2

per centum of the moneys which the Secretary of the Treasury shall

determine to have accrued to the United States from lands within

the naval petroleum reserves, except those in Alaska, from February

25, 1920, to June 30, 1938, inclusive, and (2) the total of all

sums advanced to the reclamation fund under the provisions of

sections 397 and 398 to 400 of this title, and under the provisions

of sections 391a and 391b of this title, and not reimbursed by

transfer from the reclamation fund to the general funds in the

Treasury. The transaction provided for in this section shall be

deemed to have effected a complete reimbursement to the general

funds in the Treasury of all sums advanced to the reclamation fund

under the provisions of such sections 391a, 391b, 397, and 398 to

400 of this title.

-SOURCE-

(May 9, 1938, ch. 187, 52 Stat. 322.)

-REFTEXT-

REFERENCES IN TEXT

Sections 391b and 399 of this title, referred to in text,

contained provisions similar to those comprising this section, and

were omitted from the Code.

-End-

-CITE-

43 USC Sec. 391b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 391b. Omitted

-COD-

CODIFICATION

Section, act Mar. 3, 1931, ch. 435, Sec. 2, 46 Stat. 1507,

related to reimbursement of general fund for moneys advanced under

section 391a of this title. See section 391a-1 of this title.

-End-

-CITE-

43 USC Sec. 392 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 392. Payments into reclamation fund of moneys received from

entrymen and water right applicants

-STATUTE-

All moneys received from entrymen or applicants for water rights

shall be paid into the reclamation fund.

-SOURCE-

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

-COD-

CODIFICATION

Section is comprised of fourth sentence of section 5 of act June

17, 1902. First, second and fifth sentences of such section 5 were

classified to sections 439, 431 and 381 of this title,

respectively; part of third sentence was classified to section 476

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. 392a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 392a. Payment into reclamation fund of receipts from

irrigation projects; transfer of power revenues to General

Treasury after repayment of construction costs

-STATUTE-

All moneys received by the United States in connection with any

irrigation projects, including the incidental power features

thereof, constructed by the Secretary of the Interior through the

Bureau of Reclamation, and financed in whole or in part with moneys

heretofore or hereafter appropriated or allocated therefor by the

Federal Government, shall be covered into the reclamation fund,

except in cases where provision has been made by law or contract

for the use of such revenues for the benefit of users of water from

such project: Provided, That after the net revenues derived from

the sale of power developed in connection with any of said projects

shall have repaid those construction costs of such project

allocated to power to be repaid by power revenues therefrom and

shall no longer be required to meet the contractual obligations of

the United States, then said net revenues derived from the sale of

power developed in connection with such project shall, after the

close of each fiscal year, be transferred to and covered into the

General Treasury as "miscellaneous receipts": Provided further,

That nothing in this section shall be construed to amend the

Boulder Canyon Project Act (45 Stat. 1057), as amended [43 U.S.C.

617 et seq.], or to apply to irrigation projects of the Office of

Indian Affairs.

-SOURCE-

(May 9, 1938, ch. 187, 52 Stat. 322.)

-REFTEXT-

REFERENCES IN TEXT

The Boulder Canyon Project Act (45 Stat. 1057), as amended,

referred to in text, is act Dec. 21, 1928, ch. 42, 45 Stat. 1057,

as amended, which is classified generally to subchapter I (Sec. 617

et seq.) of chapter 12A of this title. For complete classification

of this Act to the Code, see section 617t of this title and Tables.

-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. 393 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 393. Proceeds from sale of materials, etc.

-STATUTE-

There shall be covered into the reclamation fund the proceeds of

the sales of material utilized for temporary work and structures in

connection with the operations under the Act of June 17, 1902,

known as the reclamation Act, as well as of the sales of all other

condemned property which had been purchased under the provisions

thereof, and also any moneys refunded in connection with the

operations under said reclamation Act.

-SOURCE-

(Mar. 3, 1905, ch. 1459, 33 Stat. 1032.)

-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. 394 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 394. Proceeds from sale of products of or leases of withdrawn

or reserved lands

-STATUTE-

The proceeds heretofore or hereafter received from the lease of

any lands reserved or withdrawn under the reclamation law or from

the sale of the products therefrom shall be covered into the

reclamation fund; and where such lands are affected by a

reservation or withdrawal under some other law, the proceeds from

the lease of land and the sale of products therefrom shall likewise

be covered into the reclamation fund in all cases where such lands

are needed for the protection or operation of any reservoir or

other works constructed under the reclamation law, and such lands

shall be and remain under the jurisdiction of the Secretary of the

Interior.

-SOURCE-

(July 19, 1919, ch. 24, Sec. 1, 41 Stat. 202.)

-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. 395 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 395. Contributions by State, municipality, etc.

-STATUTE-

All moneys received after March 4, 1921, from any State,

municipality, corporation, association, firm, district, or

individual for investigations, surveys, construction work, or any

other development work incident thereto involving operations

similar to those provided for by the reclamation law shall be

covered into the reclamation fund and shall be available for

expenditure for the purposes for which contributed in like manner

as if said sums had been specifically appropriated for said

purposes.

-SOURCE-

(Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1404.)

-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. 396 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 396. Return of contributions to cooperative investigations of

projects

-STATUTE-

On and after December 25, 1924, the Secretary of the Interior is

authorized to receive moneys from any State, municipality,

irrigation district, individual, or other interest, public or

private, expend the same in connection with moneys appropriated by

the United States for any cooperative investigation of the

feasibility of reclamation projects, and return to the contributor

any moneys so contributed in excess of the actual cost of that

portion of the work properly chargeable to the contribution.

-SOURCE-

(Dec. 5, 1924, ch. 4, Sec. 1, 43 Stat. 685.)

-End-

-CITE-

43 USC Sec. 397 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 397. Advances by Government for completion of projects

initiated prior to June 25, 1910

-STATUTE-

To enable the Secretary of the Interior to complete Government

reclamation projects begun prior to June 25, 1910, the Secretary of

the Treasury is authorized, as of June 25, 1910, upon request of

the Secretary of the Interior, to transfer from time to time to the

credit of the reclamation fund created by section 391 of this

title, such sum or sums, not exceeding in the aggregate

$20,000,000, as the Secretary of the Interior may deem necessary to

complete the said reclamation projects, and such extensions thereof

as he may deem proper and necessary to the successful and

profitable operation and maintenance thereof or to protect water

rights pertaining thereto claimed by the United States, provided

the same shall be approved by the President of the United States;

and such sum or sums as may be required to comply with the

foregoing authority are appropriated, as of June 25, 1910, out of

any money in the Treasury not otherwise appropriated: Provided,

That the sums authorized to be transferred to the reclamation fund

shall be so transferred only as such sums shall be actually needed

to meet payments for work performed under existing law: And

provided further, That all sums so transferred shall be reimbursed

to the Treasury from the reclamation fund, as hereinafter provided:

And provided further, That no part of this appropriation shall be

expended upon any project existing June 25, 1910, until it shall

have been examined and reported upon by a board of engineer

officers of the Army, designated by the President of the United

States, and until it shall be approved by the President as feasible

and practicable and worthy of such expenditure; nor shall any

portion of this appropriation be expended upon any project

initiated after June 25, 1910.

-SOURCE-

(June 25, 1910, ch. 407, Sec. 1, 36 Stat. 835.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 391a-1, 398, 400 of this

title.

-End-

-CITE-

43 USC Sec. 397a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 397a. Advances for operation and maintenance of projects

-STATUTE-

Any moneys which may have been heretofore or may be hereafter

advanced for operation and maintenance of any project or any

division of a project shall be covered into the reclamation fund

and shall be available for expenditure for the purposes for which

advanced in like manner as if said funds had been specifically

appropriated for said purposes.

-SOURCE-

(Jan. 12, 1927, ch. 27, 44 Stat. 957.)

-End-

-CITE-

43 USC Sec. 398 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 398. Sales of Government certificates to obtain funds for

advances

-STATUTE-

For the purpose of providing the Treasury with funds for the

advances to the reclamation fund, provided for in section 397 of

this title, the Secretary of the Treasury is authorized to issue

certificates of indebtedness of the United States in such form as

he may prescribe and in denominations of $50, or multiples of that

sum; said certificates to be redeemable at the option of the United

States at any time after three years from the date of their issue

and to be payable five years after such date, and to bear interest,

payable semiannually, at not exceeding 3 per centum per annum; the

principal and interest to be payable in gold coin of the United

States. The certificates of indebtedness herein authorized may be

disposed of by the Secretary of the Treasury at not less than par,

under such rules and regulations as he may prescribe, giving all

citizens of the United States an equal opportunity to subscribe

therefor, but no commission shall be allowed and the aggregate

issue of such certificates shall not exceed the amount of all

advances made to said reclamation fund, and in no event shall the

same exceed the sum of $20,000,000. The certificates of

indebtedness herein authorized shall be exempt from taxes or duties

of the United States as well as from taxation in any form by or

under State, municipal, or local authority; and a sum not exceeding

one-tenth of 1 per centum of the amount of the certificates of

indebtedness issued under this section is appropriated, out of any

money in the Treasury not otherwise appropriated, to pay the

expense of preparing, advertising, and issuing the same.

-SOURCE-

(June 25, 1910, ch. 407, Sec. 2, 36 Stat. 835.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 391a-1, 400 of this

title.

-End-

-CITE-

43 USC Sec. 399 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 399. Omitted

-COD-

CODIFICATION

Section, acts June 25, 1910, ch. 407, Sec. 3, 36 Stat. 836; June

12, 1917, ch. 27, 40 Stat. 149, related to repayment of advances

made under sections 397 and 398 of this title. See section 391a-1

of this title.

-End-

-CITE-

43 USC Sec. 400 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 400. Advances as item of cost of construction and maintenance

of project

-STATUTE-

All money placed to the credit of the reclamation fund in

pursuance of sections 397 and 398 to 400, of this title shall be

devoted exclusively to the completion of work on reclamation

projects begun prior to June 25, 1910, as hereinbefore provided,

and the same shall be included with all other expenses in future

estimates of construction, operation, or maintenance.

-SOURCE-

(June 25, 1910, ch. 407, Sec. 4, 36 Stat. 836.)

-REFTEXT-

REFERENCES IN TEXT

Section 399 of this title, included within reference in text to

sections 398 to 400, was omitted from the Code. See section 391a-1

of this title.

-COD-

CODIFICATION

Section is comprised of first clause of section 4 of act June 25,

1910. Second clause of such section 4 is classified to section 413

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 391a-1 of this title.

-End-

-CITE-

43 USC Sec. 401 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 401. Amounts collected from defaulting contractors and their

sureties

-STATUTE-

Any amounts collected from defaulting contractors or their

sureties, including collections heretofore made, in connection with

contracts entered into under the reclamation law, either collected

in cash or by deduction from amounts otherwise due such

contractors, shall be covered into the reclamation fund and shall

be credited to the project or operation for or on account of which

such contract was made.

-SOURCE-

(June 6, 1930, ch. 410, 46 Stat. 522.)

-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. 402 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Sec. 402. Omitted

-COD-

CODIFICATION

Section, acts Apr. 1, 1932, ch. 95, Sec. 10, 47 Stat. 78; Mar. 3,

1933, ch. 200, Sec. 2, 47 Stat. 1427, related to repayment of

advances under sections 391a and 397 of this title. See section

391a-1 of this title.

-End-

-CITE-

43 USC Secs. 403, 404 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-

Secs. 403, 404. Repealed. June 30, 1947, ch. 166, title II, Sec.

206(c), 61 Stat. 208

-MISC1-

Section 403, acts May 12, 1933, ch. 25, title II, Sec. 36, 48

Stat. 49; June 16, 1933, ch. 101, Sec. 19, 48 Stat. 308; June 19,

1934, ch. 653, Sec. 11, 48 Stat. 1110; June 27, 1934, ch. 851, 48

Stat. 1269, related to refinancing agricultural improvement

districts.

Section 404, act May 12, 1933, ch. 25, title II, Sec. 37, 48

Stat. 50, related to advances by the former Reconstruction Finance

Corporation.

-End-

-CITE-

43 USC SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF

PROJECTS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-End-

-CITE-

43 USC Sec. 411 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 411. Surveys for, location, and construction of irrigation

works generally

-STATUTE-

The Secretary of the Interior is authorized and directed to make

examinations and surveys for, and to locate and construct, as

herein provided, irrigation works for the storage, diversion, and

development of waters, including artesian wells.

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 2, 32 Stat. 388; Aug. 7, 1946, ch.

770, Sec. 1(7), 60 Stat. 867.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means in act June 17, 1902,

popularly known as the Reclamation Act, which is 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-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

acts Mar. 2, 1889, ch. 411, Sec. 1, 25 Stat. 960; Oct. 2, 1888, ch.

1069, Sec. 1, 25 Stat. 526.

AMENDMENTS

1946 - Act Aug. 7, 1946, struck out provisions requiring annual

reports to Congress as to results of those examinations and

surveys.

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. 411a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 411a. Repealed. Feb. 28, 1929, ch. 374, Sec. 2, 45 Stat. 1406

-MISC1-

Section, act June 28, 1926, ch. 704, 44 Stat. 776, authorized

employment of engineers for consultation.

-End-

-CITE-

43 USC Sec. 411a-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 411a-1. Authorization of appropriations for investigations of

feasibility of reclamation projects

-STATUTE-

The sum of $125,000 annually is authorized to be appropriated for

cooperative and miscellaneous investigations of the feasibility of

reclamation projects.

-SOURCE-

(Feb. 21, 1923, ch. 101, 42 Stat. 1281.)

-End-

-CITE-

43 USC Sec. 411b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 411b. Employment of engineers, geologists, appraisers and

economists for reclamation consultation work; compensation;

retired Army and Navy officers as consulting engineers

-STATUTE-

The Secretary of the Interior is authorized, in his judgment and

discretion, to employ for consultation purposes on important

reclamation work ten consulting engineers, geologists, appraisers,

and economists, at rates of compensation to be fixed by him, but

not to exceed $50 per day for any engineer, geologist, appraiser,

or economist so employed: Provided, That the total compensation

paid to any engineer, geologist, appraiser, or economist during any

fiscal year shall not exceed $5,000: Provided further, That

notwithstanding the provisions of any other Act, retired officers

of the Army or Navy may be employed by the Secretary of the

Interior as consulting engineers in accordance with the provisions

of this section.

-SOURCE-

(Feb. 28, 1929, ch. 374, Sec. 1, 45 Stat. 1406; Apr. 22, 1940, ch.

125, 54 Stat. 148; Dec. 23, 1944, ch. 708, 58 Stat. 915; Pub. L.

89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 652.)

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-554 struck out provisions which authorized

employment of retired personnel of the Department of the Interior

as consultants.

1944 - Act Dec. 23, 1944, inserted third proviso.

1940 - Act Apr. 22, 1940, provided for employment of appraisers

and increased the number to be employed from five to ten.

-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. 412 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 412. Prerequisites to initiation of project or division of

project

-STATUTE-

After December 5, 1924, no new project or new division of a

project shall be approved for construction or estimates submitted

therefor by the Secretary until information in detail shall be

secured by him concerning the water supply, the engineering

features, the cost of construction, land prices, and the probable

cost of development, and he shall have made a finding in writing

that it is feasible, that it is adaptable for actual settlement and

farm homes, and that it will probably return the cost thereof to

the United States.

-SOURCE-

(Dec. 5, 1924, ch. 4, Sec. 4, subsec. B, 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, 600a

of this title.

-End-

-CITE-

43 USC Sec. 413 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 413. Approval of project by President

-STATUTE-

After June 25, 1910, no irrigation project contemplated by the

Act of June 17, 1902, shall be begun unless and until the same

shall have been recommended by the Secretary of the Interior and

approved by the direct order of the President of the United States.

-SOURCE-

(June 25, 1910, ch. 407, Sec. 4, 36 Stat. 836.)

-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.

-COD-

CODIFICATION

Section is comprised of second clause of section 4 of act June

25, 1910. First clause of such section 4 is classified to section

400 of this title.

-End-

-CITE-

43 USC Sec. 414 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 414. Appropriation for projects essential

-STATUTE-

Expenditures shall not be made for carrying out the purposes of

the reclamation law except out of appropriations made annually by

Congress therefor, and there shall annually, in the Budget, be

submitted to Congress estimates of the amount of money necessary to

be expended for carrying out any or all of the purposes authorized

by the reclamation law, including the extension and completion of

existing projects and units thereof and the construction of new

projects. The annual appropriations made hereunder by Congress for

such purposes shall be paid out of the reclamation fund provided

for by the reclamation law.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 16, 38 Stat. 690.)

-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

Words "there shall annually, in the Budget, be submitted to

Congress" substituted for "the Secretary of the Interior shall

annually in the regular Book of Estimates, submit to Congress" in

view of the Budget and Accounting Act, 1921, act June 10, 1921, ch.

18, 42 Stat. 20, as amended. See sections 1104 and 1105 of Title

31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 415 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 415. Receipts applicable to project generally

-STATUTE-

All moneys heretofore or hereafter refunded or received in

connection with operations under the reclamation law, except

repayments of construction and operation and maintenance charges,

shall be a credit to the appropriation for the project or operation

from or on account of which the collection is made and shall be

available for expenditure in like manner as if said sum had been

specifically appropriated for said project or operation.

-SOURCE-

(June 12, 1917, ch. 27, 40 Stat. 149.)

-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. 416 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 416. Laws applicable to withdrawn lands; restoration to entry

-STATUTE-

All lands entered and entries made under the homestead laws

within areas so withdrawn during such withdrawal shall be subject

to all the provisions, limitations, charges, terms, and conditions

of this Act; that said surveys shall be prosecuted diligently to

completion, and upon the completion thereof, and of the necessary

maps, plans, and estimates of cost, the Secretary of the Interior

shall determine whether or not said project is practicable and

advisable, and if determined to be impracticable or unadvisable he

shall thereupon restore said lands to entry.

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 3, 32 Stat. 388; Pub. L. 94-579,

title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.)

-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.

Said surveys, referred to in text, mean the surveys for

contemplated irrigation works authorized by section 411 of this

title.

-COD-

CODIFICATION

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

Remainder of such section 3 is classified to sections 432 and 434

of this title.

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-579 struck out provisions that the Secretary of

the Interior withdraw from public entry lands required for

irrigation works contemplated under the Act of June 17, 1902, prior

to the giving of the public notice provided for in section 419 of

this title, that he restore such withdrawn lands to public entry

when he deemed such lands unnecessary for the purposes of such Act,

and that he withdraw from entry, except under the homestead laws,

any public lands believed to be susceptible of irrigation from said

works prior to the beginning of surveys for any contemplated

irrigation works.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 704(a) of Pub. L. 94-579 provided that the amendment made

by such section 704(a) 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.

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 372, 373, 383, 391, 411,

420, 421, 432, 491, 498 of this title; title 16 section 406d-5;

title 30 sections 83, 84, 125.

-End-

-CITE-

43 USC Sec. 417 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 417. Reservation of easements in public lands for reclamation

projects

-STATUTE-

Where, in the opinion of the Secretary, a right of way or

easement of any kind over public land is required in connection

with a project the Secretary may reserve the same to the United

States by filing in the Bureau of Land Management and in the

appropriate local land office copies of an instrument giving a

description of the right of way or easement and notice that the

same is reserved to the United States for Federal irrigation

purposes under sections 371, 376, 377, 412, 417, 433, 438,(!1) 462,

463,(!1) 466, 473,(!1) 474,(!1) 478, 493, 494, 500, 501, and 526 of

this title, in which event entry for such land and the patent

issued therefor shall be subject to the right of way or easement so

described in such instrument; and reference to each such instrument

shall be made in the appropriate tract books and also in the

patent.

-SOURCE-

(Dec. 5, 1924, ch. 4, Sec. 4, subsec. P, 43 Stat. 704; 1946 Reorg.

Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.

1100.)

-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, 473, and 474 of this title, referred to in text,

were repealed by act May 25, 1926, ch. 383, Sec. 47, 44 Stat. 650.

-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.

"Bureau of Land Management" substituted 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.

-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, 493, 500 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 418 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 418. Private lands within project; agreement as to disposal of

excess over farm unit

-STATUTE-

Before any contract is let or work begun for the construction of

any reclamation project adopted after August 13, 1914, the

Secretary of the Interior shall require the owners of private lands

thereunder to agree to dispose of all lands in excess of the area

which he shall deem sufficient for the support of a family upon the

land in question, upon such terms and at not to exceed such price

as the Secretary of the Interior may designate; and if any

landowner shall refuse to agree to the requirements fixed by the

Secretary of the Interior, his land shall not be included within

the project if adopted for construction.

-SOURCE-

(Aug. 13, 1914, ch. 247, Sec. 12, 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. 419 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 419. Contract for irrigation project; notice as to lands

irrigable, unit of entry, and construction charges

-STATUTE-

Upon the determination that any irrigation project is

practicable, the Secretary of the Interior may cause to be let

contracts for the construction of the same, in such portions or

sections as it may be practicable to construct and complete as

parts of the whole project, providing the necessary funds for such

portions or sections are available, and thereupon he shall give

public notice of the lands irrigable under such project, and limit

of area per entry, which limit shall represent the acreage which,

in the opinion of the Secretary, may be reasonably required for the

support of a family upon the lands in question; also of the charges

which shall be made per acre upon the said entries, and upon lands

in private ownership which may be irrigated by the waters of the

said irrigation project, and the number of annual installments in

which such charges shall be paid and the time when such payments

shall commence: Provided, That in all construction work eight hours

shall constitute a day's work.

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 4, 32 Stat. 389; May 10, 1956, ch.

256, 70 Stat. 151.)

-COD-

CODIFICATION

Section is comprised of part of section 4 of act June 17, 1902.

Remainder of such section 4 is classified to section 461 of this

title.

-MISC1-

AMENDMENTS

1956 - Act May 10, 1956, substituted a period for the comma after

"work" in proviso, and struck out "and no Mongolian labor shall be

employed thereon."

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 464, 468 of this title.

-End-

-CITE-

43 USC Sec. 420 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 420. Use of earth, timber, etc., from other public lands

-STATUTE-

In carrying out the provisions of the national irrigation law

approved June 17, 1902, and in constructing works thereunder, the

Secretary of the Interior is authorized to use and to permit the

use by those engaged in the construction of works under said law,

under rules and regulations to be prescribed by him, such earth,

stone, and timber from the public lands of the United States as may

be required in the construction of such works, and the Secretary of

Agriculture is authorized to permit the use of earth, stone, and

timber from the national forests of the United States for the same

purpose, under rules and regulations to be prescribed by him.

-SOURCE-

(Feb. 8, 1905, ch. 552, 33 Stat. 706; Mar. 4, 1907, ch. 2907, 34

Stat. 1269.)

-REFTEXT-

REFERENCES IN TEXT

The national irrigation law 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

Act Mar. 4, 1907 redesignated "forest reserves" as "national

forests".

-End-

-CITE-

43 USC Sec. 421 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 421. Acquisition of lands for irrigation project; eminent

domain

-STATUTE-

Where, in carrying out the provisions of this Act, it becomes

necessary to acquire any rights or property, the Secretary of the

Interior is authorized to acquire the same for the United States by

purchase or by condemnation under judicial process, and to pay from

the reclamation fund the sums which may be needed for that purpose,

and it shall be the duty of the Attorney General of the United

States upon every application of the Secretary of the Interior,

under this Act, to cause proceedings to be commenced for

condemnation within thirty days from the receipt of the application

at the Department of Justice.

-SOURCE-

(June 17, 1902, ch. 1093, Sec. 7, 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.

-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. 421a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 421a. Construction of distribution and drainage systems by

irrigation districts or public agencies

-STATUTE-

Distribution and drainage systems authorized to be constructed

under the Federal reclamation laws may, in lieu of construction by

the Secretary of the Interior (referred to in sections 421a to 421h

of this title as the "Secretary"), be constructed by irrigation

districts or other public agencies according to plans and

specifications approved by the Secretary as provided in sections

421a to 421h of this title. The drainage systems referred to in

sections 421a to 421h of this title are those required for

collection and removal of excess irrigation water, either on or

below the surface of the ground and do not include enlargement or

alteration of existing waterways for disposition or natural runoff.

-SOURCE-

(July 4, 1955, ch. 271, Sec. 1, 69 Stat. 244; Pub. L. 92-487, Oct.

13, 1972, 86 Stat. 804.)

-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

1972 - Pub. L. 92-487 substituted provisions relating to

construction of distribution and drainage systems, for provisions

relating to construction of irrigation systems, and inserted

provisions setting forth the type of drainage systems subject to

coverage of sections 421a to 421h of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421b to 421h, 502 of this

title.

-End-

-CITE-

43 USC Sec. 421b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 421b. Loans for construction of distribution and drainage

systems; repayment contract; time period for repayment of loan;

"irrigation district or other public agency" defined

-STATUTE-

To assist financially in the construction of the aforesaid local

distribution and drainage systems by irrigation districts and other

public agencies the Secretary is authorized, on application

therefor by such irrigation districts or other public agencies, to

make funds available on a loan basis from moneys appropriated for

the construction of such distribution and drainage systems to any

irrigation district or other public agency in an amount equal to

the estimated construction cost of such system, contingent upon a

finding by the Secretary that the loan can be returned to the

United States in accordance with the general repayment provisions

of sections 485a(d) and 485h(d) of this title and upon a showing

that such district or agency already holds or can acquire all lands

and interests in land (except public and other lands or interests

in land owned by the United States which are within the

administrative jurisdiction of the Secretary and subject to

disposition by him) necessary for the construction, operation, and

maintenance of the project. The Secretary shall, upon approval of a

loan, including any loan for a distribution and drainage system

receiving water from the San Luis unit, Central Valley project,

authorized by the Act of June 3, 1960 (74 Stat. 156), enter into a

repayment contract which includes such provisions as the Secretary

shall deem necessary and proper to provide assurance of prompt

repayment of the loan within not to exceed forty years plus a

development period not to exceed ten years. The term "irrigation

district or other public agency" shall for the purposes of sections

421a to 421h of this title mean any conservancy district,

irrigation district, water users' organization, 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.

-SOURCE-

(July 4, 1955, ch. 271, Sec. 2, 69 Stat. 245; Pub. L. 92-487, Oct.

13, 1972, 86 Stat. 804.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 3, 1960, referred to in text, is Pub. L. 86-488, June

3, 1960, 74 Stat. 156, which is not classified to the Code.

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

1972 - Pub. L. 92-487 substituted provisions relating to

financial assistance in the construction of local distribution and

drainage systems, for provisions relating to financial assistance

in the construction of local irrigation distribution systems, and

inserted provisions relating to loans for a distribution and

drainage system receiving water from the San Luis unit, Central

Valley project, and provisions setting forth a specified time

period for repayment of loans.

SALE OF BUREAU OF RECLAMATION LOANS

Pub. L. 100-203, title V, Sec. 5301, Dec. 22, 1987, 101 Stat.

1330-268, provided that:

"(a) Sale. - The Secretary of the Interior (hereinafter in this

section referred to as the 'Secretary'), under such terms as the

Secretary shall prescribe, shall sell or otherwise dispose of loans

made pursuant to the Distribution System Loans Act (43 U.S.C.

421a-421d) [43 U.S.C. 421a to 421h], the Small Reclamation Projects

Act [of 1956] (43 U.S.C. 422a-422l) [43 U.S.C. 422a et seq.], and

the Rehabilitation and Betterment Act (43 U.S.C. 504-505) [43

U.S.C. 504 and note] in such amounts as to realize net proceeds to

the Federal Government of not less than $130,000,000 in the fiscal

year ending September 30, 1988. In the conduct of such sales, the

Secretary shall take such actions as he deems appropriate to

accommodate, effectuate, and otherwise protect the rights and

obligations of the United States and the borrowers under the

contracts executed to provide for repayment of such loans.

"(b) Savings Provisions. - Nothing in this section, including the

prepayment or other disposition of any loan or loans, shall -

"(1) except to the extent that prepayment may have been

authorized heretofore, relieve the borrower from the application

of the provisions of Federal Reclamation law (Act of June 17,

1902, and Acts amendatory thereof or supplementary thereto [43

U.S.C. 371 et seq.], including the Reclamation Reform Act of 1982

[43 U.S.C. 390aa et seq.]), including acreage limitations, to the

extent such provisions would apply absent such prepayment, or

"(2) authorize the transfer of title to any federally owned

facilities funded by the loans specified in subsection (a) of

this section without a specific Act of Congress.

"(c) Fees and Expenses of Program. - Proceeds from the conduct of

the program authorized by this section shall be first used to pay

the fees and expenses of such program and the net proceeds shall be

deposited in the Treasury of the United States as miscellaneous

receipts.

"(d) Termination. - The authority granted by this section to sell

or otherwise dispose of loans shall terminate on December 31,

1988."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421a, 421c to 421h, 502

of this title.

-End-

-CITE-

43 USC Sec. 421c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 421c. Conditions of loan for distribution and drainage

systems; reconveyance by Secretary of lands, interests in lands,

and distribution works heretofore conveyed to the United States;

conditions of reconveyance; rights of way

-STATUTE-

The Secretary shall require, as conditions to any such loan, that

the borrower contribute in money or materials, labor, lands, or

interests in land, computed at their reasonable value, a portion

not in excess of 10 per centum, of the construction cost of the

distribution and drainage system (including all costs of acquiring

lands and interests in land), that the plans for the system be in

accord with sound engineering practices and be such as will achieve

the purposes for which the system was authorized, and that the

borrower agree to account in full in regard to all disbursements of

borrowed funds and to return at once for application toward

amortization of the loan all funds which are not expended in the

construction of the distribution and drainage system. Every

organization contracting for repayment of a loan under sections

421a to 421h of this title shall operate and maintain its

distribution and drainage works in conformity with reasonable

contractual requirements determined to be appropriate for the

protection of the United States. The Secretary is hereby authorized

to reconvey to borrowers all lands or interests in lands and

distribution works transferred to the United States under the

provisions of sections 421a to 421h of this title: Provided, That

any reconveyance shall be upon the condition that the repayment

contract of the borrower be amended to include such provisions as

the Secretary shall deem necessary or proper to provide assurance

of and security for prompt repayment of the loan. The head of any

department or agency of the Government within whose administrative

jurisdiction are lands owned by the United States the use of which

is reasonably necessary for the construction, operation, and

maintenance of distribution and drainage works under sections 421a

to 421h of this title may grant to a borrower or prospective

borrower under sections 421a to 421h of this title revocable

permission for the use thereof in like manner as under sections 79

and 524 of title 16, sections 323 to 328 of title 25, section 8124

of title 38, or sections 931a to 931d, 946 to 950, 956, and 959 of

this title, or any other similar Act which is applicable to the

lands involved: Provided, That no such permission shall be granted

in the case of lands being administered for national park, national

monument, or wildlife purposes.

-SOURCE-

(July 4, 1955, ch. 271, Sec. 3, 69 Stat. 245; May 14, 1956, ch.

268, 70 Stat. 155; Pub. L. 92-487, Oct. 13, 1972, 86 Stat. 804;

Pub. L. 102-40, title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat.

239.)

-COD-

CODIFICATION

"Section 8124 of title 38" substituted in text (see 1991

Amendment note below) for "section 5024 of title 38", which

previously had been substituted for "section 5014 of title 38" as

the probable intent of Congress in view of the renumbering of

section 5014 of title 38 as section 5024 by Pub. L. 96-22, title

III, Sec. 301(b)(1), June 13, 1979, 93 Stat. 61. Previously,

"section 5014 of title 38" had been substituted for "section 11i of

title 38" on authority of Pub. L. 85-857, Sec. 5(a), Sept. 2, 1958,

72 Stat. 1281, the first section of which enacted Title 38,

Veterans' Benefits.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 substituted "section 8124 of title 38" for

"section 5024 of title 38". See Codification note above.

1972 - Pub. L. 92-487 inserted provision subjecting drainage

systems to the requirements of this section, substituted provisions

authorizing the Secretary to reconvey to borrowers all land or

interests in land and distribution works transferred to the United

States under the provisions of sections 421a to 421h of this title,

with the proviso relating to the amendment of the repayment

contract, for provisions requiring borrowers, prior to the

consummation of any loan, to transfer to the United States any

lands or interests in lands presently held or acquired in the

future which the Secretary finds necessary for the construction,

operation, or maintenance of distribution systems, with title to

all such lands, etc., subject to retransfer to the borrower by the

Secretary upon repayment of the loan, to remain in the United

States, and struck out provisions which restricted applicability of

provisions to provisions relating to Federal reclamation laws.

1956 - Act May 14, 1956, provided that the Secretary, as

conditions to loan, require borrower to account for disbursements

of borrowed funds and return for application toward amortization of

the loan all funds not expended in the construction of the

distribution system, required, prior to the consummation of any

loan, the transfer to the United States of titles to lands or

interests in lands held by the borrower, and that titles to such

lands, interests, and distribution works remain in United States

until repayment, and provided for issuance of revocable permits for

the use of lands owned by United States, in lieu of the formerly

authorized actual conveyance to the districts of the rights-of-way.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421a, 421b, 421d to 421h,

502 of this title.

-End-

-CITE-

43 USC Sec. 421d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 421d. Effect on existing laws

-STATUTE-

Except as otherwise provided in sections 421a to 421h of this

title, the provisions of the Federal reclamation laws, and Acts

amendatory thereto, are continued in full force and effect.

-SOURCE-

(July 4, 1955, ch. 271, Sec. 4, 69 Stat. 245; Pub. L. 92-487, Oct.

13, 1972, 86 Stat. 805.)

-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

1972 - Pub. L. 92-487 reenacted section without change.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421a to 421c, 421e to

421h, 502 of this title.

-End-

-CITE-

43 USC Sec. 421e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 421e. Municipal and industrial water supply delivery and

distribution; allocation of loan funds; loan repayment contract

requirements; rate of interest

-STATUTE-

Unless otherwise provided in the Act authorizing construction of

the project, the delivery and distribution of municipal and

industrial water supplies shall be deemed to be an authorized

project purpose under sections 421a to 421h of this title, and

where appropriate, an allocation of loan funds acceptable to the

Secretary shall be made between irrigation and municipal and

industrial purposes. Loan repayment contracts shall require that

the borrower pay interest on that portion of the unamortized loan

obligation (including interest during construction) allocated in

each year to municipal and industrial purposes at the rate provided

in the Act authorizing the project, or absent such an authorized

rate, at a rate determined by the Secretary of the Treasury as of

the beginning of the fiscal year in which the contract, or contract

amendment entered into pursuant to section 421f of this title, is

executed, on the basis of the computed average interest rate

payable by the Treasury upon its outstanding marketable public

obligations which are neither due nor callable for redemption for

fifteen years from date of issue, and by adjusting such average

rate to the nearest one-eighth of 1 per centum.

-SOURCE-

(July 4, 1955, ch. 271, Sec. 5, as added Pub. L. 92-487, Oct. 3,

1972, 86 Stat. 805.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421a to 421d, 421f to

421h of this title.

-End-

-CITE-

43 USC Sec. 421f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 421f. Existing loan contracts; negotiation by Secretary of

amendments

-STATUTE-

The Secretary is hereby authorized to negotiate amendments to

existing water service and irrigation distribution system loan

contracts to conform said contracts to the provisions of sections

421a to 421h of this title.

-SOURCE-

(July 4, 1955, ch. 271, Sec. 6, as added Pub. L. 92-487, Oct. 13,

1972, 86 Stat. 805.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421a to 421e, 421g, 421h,

502 of this title.

-End-

-CITE-

43 USC Sec. 421g 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 421g. Existing rights unaffected

-STATUTE-

Nothing in sections 421a to 421h of this title shall be construed

to repeal or limit the procedural and substantive requirements of

sections 372 and 383 of this title.

-SOURCE-

(July 4, 1955, ch. 271, Sec. 7, as added Pub. L. 92-487, Oct. 13,

1972, 86 Stat. 806.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421a to 421f, 421h, 502

of this title.

-End-

-CITE-

43 USC Sec. 421h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 421h. Procedural and substantive requirements applicable to

works financed by loans pursuant to sections 421a to 421h of this

title

-STATUTE-

Works financed by loans made under sections 421a to 421h of this

title shall be subject to all procedural and substantive

requirements of the Fish and Wildlife Coordination Act [16 U.S.C.

661 et seq.], the Federal Water Pollution Control Act, as amended

[33 U.S.C. 1251 et seq.], and the National Environmental Policy Act

of 1969 [42 U.S.C. 4321 et seq.].

-SOURCE-

(July 4, 1955, ch. 271, Sec. 8, as added Pub. L. 92-487, Oct. 13,

1972, 86 Stat. 806.)

-REFTEXT-

REFERENCES IN TEXT

The Fish and Wildlife Coordination Act, 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 under section 661 of Title 16 and Tables.

The Federal Water Pollution Control Act, as amended, referred to

in text, is act June 30, 1948, ch. 758, as amended generally by

Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is

classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,

Navigation and Navigable Waters. For complete classification of

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

1251 of Title 33 and Tables.

The National Environmental Policy Act of 1969, referred to in

text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,

which is classified generally to chapter 55 (Sec. 4321 et seq.) of

Title 42, The Public Health and Welfare. For complete

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

out under section 4321 of Title 42 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421a to 421g, 502 of this

title.

-End-

-CITE-

43 USC Sec. 422 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL

GOVERNMENT

SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-

Sec. 422. Construction of dams across Yellowstone River

-STATUTE-

Where, in carrying out projects under the provisions of the

national reclamation Act it shall be necessary to construct dams in

or across the Yellowstone River in the State of Montana, the

Secretary of the Interior is hereby authorized to construct and use

and operate the same in the manner and for the purposes

contemplated by said reclamation Act.

-SOURCE-

(Mar. 3, 1905, ch. 1476, 33 Stat. 1045.)

-REFTEXT-

REFERENCES IN TEXT

The national 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 SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS 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-

SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 502, 504, 2201 of this

title; title 16 section 460l-17.

-End-

-CITE-

43 USC Sec. 422a 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. 422a. Declaration of purpose

-STATUTE-

The purpose of this subchapter is to encourage State and local

participation in the development of projects under the Federal

reclamation laws, with emphasis on rehabilitation and betterment of

existing projects for purposes of significant conservation of

water, energy and the environment and for purpose of water quality

control, and to provide for Federal assistance in the development

of similar projects in the seventeen western reclamation States by

non-Federal organizations.

-SOURCE-

(Aug. 6, 1956, ch. 972, Sec. 1, 70 Stat. 1044; Pub. L. 99-546,

title III, Sec. 302, Oct. 27, 1986, 100 Stat. 3053.)

-REFTEXT-

REFERENCES IN TEXT

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

section 422b of this title.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-546 inserted ", with emphasis on rehabilitation

and betterment of existing projects for purposes of significant

conservation of water, energy and the environment and for purpose

of water quality control," after "laws".

EFFECTIVE DATE OF 1986 AMENDMENT

Section 310 of title III of Pub. L. 99-546 provided that: "The

provisions of Sections 303 and 308 of this title [amending sections

422c and 422h of this title] shall take effect upon enactment of

this title [Oct. 27, 1986]. The provisions of sections 304(a) and

305 of this title [amending section 422d of this title] shall be

applicable to all proposals for which final applications are

received by the Secretary after January 1, 1986. The provisions of

Sections 302, 304(b), 306, and 307 [amending this section and

sections 422d and 422e of this title] shall be applicable to all

proposals for which draft applications are received by the

Secretary after Auguest [sic] 15, 1986."

SEPARABILITY

Section 12 of act Aug. 6, 1956, provided that: "If any provisions

of this Act [enacting this subchapter] or the application of such

provision to any person, organization, or circumstance shall be

held invalid, the remainder of the Act and the application of such

provision to persons, organizations, or circumstances other than

those as to which it is held invalid shall not be affected

thereby."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 422b 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. 422b. Definitions

-STATUTE-

As used in this subchapter -

(a) The term "construction" shall include rehabilitation and

betterment.

(b) The term "Federal reclamation laws" shall mean the Act of

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

supplementary thereto.

agency, or political subdivision thereof or a conservancy district,

irrigation district, water users' association, an agency created by

interstate compact, or similar organization which has capacity to

contract with the United States under the Federal reclamation laws.

(d) The term "project" shall mean (i) any complete irrigation

project, or (ii) any multiple-purpose water resource project that

is authorized or is eligible for authorization under the Federal

reclamation laws, or (iii) any distinct unit of a project described

in clause (i) and (ii) or (iv) any project for the drainage of

irrigated lands, without regard to whether such lands are irrigated

with water supplies developed pursuant to the Federal reclamation

laws, or (v) any project for the rehabilitation and betterment of a

project or distinct unit described in clauses (i), (ii), (iii), and

(iv): Provided, That the estimated total cost of the project

described in clause (i), (ii), (iii), (iv), or (v) does not exceed

the maximum allowable estimated total project cost as determined by

subsection (f) hereof: Provided further, That a project described

in clause (i), (ii), or (iii) may consist of existing facilities as

distinct from newly constructed facilities, and funds made

available pursuant to this subchapter may be utilized to acquire

such facilities subject to a determination by the Secretary that

such facilities meet standards of design and construction which he

shall promulgate and that the cost of such existing facilities

represent less than fifty per centum of the cost of the project.

Nothing contained in this subchapter shall preclude the making of

more than one loan or grant, or combined loan and grant, to an

organization so long as no two such loans or grants, or

combinations thereof, are for the same project, as herein defined.

(e) The term "Secretary" shall mean the Secretary of the

Interior.

(f) The maximum allowable estimated total project cost of a

proposal submitted during any given calendar year shall be

determined by the Secretary using the Bureau of Reclamation

composite construction cost index for January of that year with

$15,000,000 as the January 1971 base.

-SOURCE-

(Aug. 6, 1956, ch. 972, Sec. 2, 70 Stat. 1044; Pub. L. 89-553, Sec.

1(1), Sept. 2, 1966, 80 Stat. 376; Pub. L. 92-167, Sec. 1(1), Nov.

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

1975, 89 Stat. 1049.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in par. (b), 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

1975 - Subsec. (d). Pub. L. 94-181, Sec. 1(a), substituted

provisions limiting the estimated cost of the project described in

cls. (i), (ii), (iii), (iv), and (v) to the maximum allowable

estimated total project cost as determined by subsection (f) of

this section, for provisions limiting the estimated cost of such

projects to $15,000,000, and inserted proviso relating to a project

described in cl. (i), (ii), or (iii).

Subsec. (f). Pub. L. 94-181, Sec. 1(b), added subsec. (f).

1971 - Subsec. (d). Pub. L. 92-167 redefined the size and

character of projects which are eligible for approval under the

program, increasing money limitation from $1,000,000 to $15,000,000

and making projects eligible, without being only for irrigation,

for single purpose irrigation, single purpose drainage, multiple

purpose, a distinct unit of the foregoing, or rehabilitation of any

of the foregoing.

1966 - Subsec. (d). Pub. L. 89-553 raised from $5,000,000 to

$6,500,000 the maximum amount for a loan or grant for a particular

project.

RETROACTIVE EFFECT OF 1966 AMENDMENT

Section 2 of Pub. L. 89-553 provided that: "Nothing contained in

this Act [amending this section and sections 422d, 422e, 422h, and

422j of this title] shall be applicable to or affect in any way the

terms on which any loan or grant has been made prior to the

effective date of this Act [Sept. 2, 1966]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 422c 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. 422c. Proposals; submission; payment for cost of examination

-STATUTE-

Any organization desiring to avail itself of the benefits

provided in this subchapter shall submit a proposal therefor to the

Secretary in such form and manner as he shall prescribe. Each such

proposal shall be accompanied by a payment of $5,000 to defray, in

part, the cost of examining the proposal.

-SOURCE-

(Aug. 6, 1956, ch. 972, Sec. 3, 70 Stat. 1044; Pub. L. 99-546,

title III, Sec. 303, Oct. 27, 1986, 100 Stat. 3053.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-546 substituted "$5,000" for "$1,000".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC Sec. 422d 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. 422d. Contents of proposals

-STATUTE-

(a) Plans and estimates; review by States; allocation of capital

costs

Any proposal with respect to the construction of a project which

has not theretofore been authorized for construction under the

Federal reclamation laws shall set forth, among other things, a

plan and estimated cost in detail comparable to those included in

preauthorization reports required for a Federal reclamation

project; shall have been submitted for review by the States of the

drainage basin in which the project is located in like manner as

provided in section 701-1(c) of title 33, except that the review

may be limited to the State or States in which the project is

located if the proposal is one solely for rehabilitation and

betterment of an existing project; and shall include a proposed

allocation of capital costs to functions such that costs for

facilities used for a single purpose shall be allocated to that

purpose and costs for facilities used for more than one purpose

shall be so allocated among the purposes served that each purpose

will share equitably in the costs of such joint facilities. The

costs of means and measures to prevent loss of and damage to fish

and wildlife resources shall be considered as project costs and

allocated as may be appropriate among project functions.

(b) Lands and water rights; ownership; financing

(1) Every such proposal shall include a showing that the

organization already holds or can acquire all lands and interests

in land (except public and other lands and interests in land owned

by the United States which are within the administrative

jurisdiction of the Secretary and subject to disposition by him)

and rights, pursuant to applicable State law, to the use of water

necessary for the successful construction, operation, and

maintenance of the project and that it is ready, able, and willing

to finance otherwise than by loan and grant of Federal funds such

portion of the cost of the project (which portion shall include all

costs of acquiring lands, interests in land, and rights to the use

of water), except as provided in section 422e(b)(2) of this title

as the Secretary shall have advised is proper in the circumstances.

(2) The Secretary shall require each organization to contribute

toward the cost of the project (other than by loan and/or grant of

Federal funds) an amount equal to 25 percent or more of the

allowable estimated cost of the project: Provided, That the

Secretary, at his discretion, may reduce the amount of such

contribution to the extent that he determines that the organization

is unable to secure financing from other sources under reasonable

terms and conditions, and shall include letters from lenders or

other written evidence in support of any funding of an applicant's

inability to secure such financing in any project proposal

transmitted to the Congress: Provided further, That under no

circumstances shall the Secretary reduce the amount of such

contribution to less than 10 percent of the allowable estimated

total project costs. In determining the amount of the contribution

as required by this paragraph, the Secretary shall credit toward

that amount the cost of investigations, surveys, engineering, and

other services necessary to the preparation of proposals and plans

for the project as required by the Secretary, and the costs of

lands and rights-of-way required for the project, and the $5,000

fee described in section 422c of this title. In determining the

allowable estimated cost of the project, the Secretary shall not

include the amount of grants accorded to the organization under

section 422e(b) of this title.

of soil survey; reservation of land

At such time as a project is found by the Secretary and the

Governor of the State in which it is located (or an appropriate

State agency designated by him) to be financially feasible, is

determined by the Secretary to constitute a reasonable risk under

the provisions of this subchapter, and is approved by the

Secretary, such findings and approval shall be transmitted to the

Congress. Each project proposal transmitted by the Secretary to the

Congress shall include a certification by the Secretary that an

adequate soil survey and land classification has been made, or that

the successful irrigability of those lands and their susceptibility

to sustained production of agricultural crops by means of

irrigation has been demonstrated in practice. Such proposal shall

also include an investigation of soil characteristics which might

result in toxic or hazardous irrigation return flows. The

Secretary, at the time of submitting the project proposal to

Congress or at the time of his determination that the requested

project constitutes a reasonable risk under the provisions of this

subchapter, may reserve from use or disposition inimical to the

project any lands and interests in land owned by the United States

which are within his administrative jurisdiction and subject to

disposition by him and which are required for use by the project.

Any such reservation shall expire at the end of two years unless

the contract provided for in section 422e of this title shall have

been executed.

(d) Amount of loan and/or grant; increase by Secretary

At the time of his submitting the project proposal to the

Congress, or at any subsequent time prior to completion of

construction of the project, including projects heretofore

approved, the Secretary may increase the amount of the requested

loan and/or grant to an amount within the maximum allowed by

section 422e(a) of this title, as amended by Pub. L. 94-181, to

compensate for increases in construction costs due to price

escalation.

(e) Appropriation; nonapplicability

No appropriation shall be made for financial participation in any

such project prior to 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 calendar days to a day certain) from

the date on which the Secretary's findings and approval are

submitted to the Congress and then only if, within said sixty days,

neither the Committee on Natural Resources of the House of

Representatives nor the Committee on Energy and Natural Resources

of the Senate disapproves the project proposal by committee

resolution. The provisions of this subsection (e) shall not be

applicable to proposals made under section 422f of this title.

(f) Consideration of financial feasibility, emergency, or urgent

need; jurisdiction and control of project works and facilities

The Secretary shall give due consideration to financial

feasibility, emergency, or urgent need for the project. All project

works and facilities constructed under this subchapter shall remain

under the jurisdiction and control of the local contracting

organization subject to the terms of the repayment contract.

-SOURCE-

(Aug. 6, 1956, ch. 972, Sec. 4, 70 Stat. 1044; Pub. L. 85-47, Sec.

1(a), (b), June 5, 1957, 71 Stat. 48; Pub. L. 89-553, Sec. 1(2),

(3), Sept. 2, 1966, 80 Stat. 376; Pub. L. 92-167, Sec. 1(2), Nov.

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

1975, 89 Stat. 1049, 1050; Pub. L. 99-546, title III, Secs. 304,

305, Oct. 27, 1986, 100 Stat. 3053, 3054; Pub. L. 103-437, Sec.

16(b), Nov. 2, 1994, 108 Stat. 4594.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation laws, referred to in subsec. (a), are

defined in section 422b of this title.

For the amendment of section 422e(a) of this title by Pub. L.

94-181, referred to in subsec. (d), see 1975 Amendment note set out

under section 422e of this title.

-MISC1-

AMENDMENTS

1994 - Subsec. (e). Pub. L. 103-437 substituted "Committee on

Natural Resources of the House of Representatives nor the Committee

on Energy and Natural Resources of the Senate" for "House nor the

Senate Interior and Insular Affairs Committee".

1986 - Subsec. (b)(1). Pub. L. 99-546, Sec. 304(a), designated

existing provisions as par. (1) and substituted "grant of Federal

funds" for "grant under this subchapter".

Subsec. (b)(2). Pub. L. 99-546, Sec. 304(b), added par. (2).

Subsec. (c). Pub. L. 99-546, Sec. 305, inserted provisions which

required certification by Secretary relating to soil survey, land

classification, or successful irrigability, and investigation of

soil for toxic or hazardous irrigation return flows.

1975 - Subsec. (d). Pub. L. 94-181, Sec. 1(c), (d), added subsec.

(d). Former subsec. (d) redesignated (e).

Subsecs. (e), (f). Pub. L. 94-181, Sec. 1(d), (e), redesignated

former subsec. (d) as (e), substituted "(e)" for "(d)", and

redesignated former subsec. (e) as (f).

1971 - Subsec. (e). Pub. L. 92-167 substituted in first sentence

"project" for "project, whether the proposal involves furnishing

supplemental irrigation water for an existing irrigation project,

whether the proposal involves rehabilitation of existing irrigation

project works, and whether the proposed project is primarily for

irrigation".

1966 - Subsec. (a). Pub. L. 89-553, Sec. 1(2), extended project

costs to include the cost of means and measures to prevent loss of

and damage to fish and wildlife resources and authorized allocation

of such costs as may be appropriate among project functions.

Subsec. (b). Pub. L. 89-553, Sec. 1(3), substituted "cost of the

project" for "cost of construction" in provision requiring that the

organization be ready, able, and willing to finance by other than

loan or grant whatever costs the Secretary advises, inserted

reference to section 422e(b)(2) of this title as an exception to

the costs which the organization must be able to finance other than

by loan or grant, and struck out proviso that the contribution by

the applicant organization shall not be required in excess of 25

per centum of the costs of the project which, if it were being

constructed as a Federal reclamation project, would be properly

allocable to reimbursable functions under general provisions of law

applicable to such projects.

1957 - Subsec. (c). Pub. L. 85-47, Sec. 1(a), changed language

generally, and struck out provisions which authorized Secretary to

negotiate a contract as provided in section 422e of this title,

with the provision that no such contract be executed by him prior

to sixty days from date project proposal was submitted to both

branches of Congress for committee consideration, and then only if

neither committee disapproved proposal within the period, but that

if both committees approved he could execute contract, and that if

either committee disapproved, he could not proceed unless Congress

approved.

Subsecs. (d), (e). Pub. L. 85-47, Sec. 1(b), added subsec. (d)

and redesignated former subsec. (d) as (e).

-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-

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by sections 304(a) and 305 of Pub. L. 99-546 applicable

to all proposals for which final applications are received by

Secretary after Jan. 1, 1986, and amendment by section 304(b) of

Pub. L. 99-546 applicable to all proposals for which draft

applications are received by Secretary after Aug. 15, 1986, see

section 310 of Pub. L. 99-546, set out as a note under section 422a

of this title.

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 422e, 422f, 422j of this

title.

-End-

-CITE-

43 USC Sec. 422e 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. 422e. Contract requirements

-STATUTE-

Upon approval of any project proposal by the Secretary under the

provisions of section 422d of this title, he may negotiate a

contract which shall set out, among other things -

(a) the maximum amount of any loan to be made to the

organization and the time and method of making the same available

to the organization. Said loan shall not exceed the lesser of (1)

two-thirds of the maximum allowable estimated total project cost

as determined by section 422b(f) of this title, or (2) the

estimated total cost of the project minus the contribution of the

local organization as provided in section 422d(b) of this title

and the amount of the grant approved;

(b) the maximum amount of any grant to be accorded the

organization. Said grant shall not exceed the sum of the

following: (1) the costs of investigations, surveys, and

engineering and other services necessary to the preparation of

proposals and plans for the project allocable to fish and

wildlife enhancement or public recreation; (2) one-half the costs

of acquiring lands or interests therein to serve exclusively the

purposes of fish and wildlife enhancement or public recreation,

plus the costs of acquiring joint use lands and interests therein

properly allocable to fish and wildlife enhancement and public

recreation; (3) one-half the costs of basic public outdoor

recreation facilities or facilities serving fish and wildlife

enhancement purposes exclusively; (4) one-half the costs of

construction of joint use facilities properly allocable to fish

and wildlife enhancement or public recreation; (5) that portion

of the estimated cost of constructing the project which, if it

were constructed as a Federal reclamation project, would be

properly allocable to functions, other than recreation and fish

and wildlife enhancement and flood control, which are

nonreimbursable under general provisions of law applicable to

such projects; and (6) that portion of the estimated cost of

constructing the project which is allocable to flood control and

which would be nonreimbursable under general provisions of law

applicable to projects constructed by the Secretary of the

Army.(!1)

lent to it in not more than forty years from the date when the

principal benefits of the project first become available; (2)

interest, as determined by the Secretary of the Treasury, as of

the beginning of the fiscal year in which the contract is

executed, on the basis of the average market yields on

outstanding marketable obligations of the United States with

remaining periods of maturity comparable to the applicable

reimbursement period of the project, adjusted to the nearest

one-eighth of 1 percent on the unamortized balance of any portion

of the loan -

(A) which is attributable to furnishing irrigation benefits

in each particular year to land held in private ownership by a

qualified recipient or by a limited recipient, as such terms

are defined in section 390bb of this title, in excess of three

hundred and twenty irrigable acres; or,

(B) which is allocated to domestic, industrial, or municipal

water supply, commercial power, fish and wildlife enhancement,

or public recreation except that portion of such allocation

attributable to furnishing benefits to a facility operated by

an agency of the United States, which portion shall bear no

interest.(!1)

(d) provision for operation of the project, if a grant

predicated upon its performance of nonreimbursable functions is

made, in accordance with regulations with respect thereto

prescribed by the head of the Federal department or agency

primarily concerned with those functions and, in the event of

noncompliance with such regulations, for operation by the United

States or for repayment to the United States of the amount of any

such grant;

(e) such provisions as the Secretary shall deem necessary or

proper to provide assurance of and security for prompt repayment

of the loan and interest as aforesaid. The liability of the

United States under any contract entered into pursuant to this

subchapter shall be contingent upon the availability of

appropriations to carry out the same, and every such contract

shall so recite; and

(f) provisions conforming to the preference requirements

contained in the proviso to section 485h(c) of this title, if the

project produces electric power for sale.

-SOURCE-

(Aug. 6, 1956, ch. 972, Sec. 5, 70 Stat. 1046; Pub. L. 85-47, Sec.

1(c), June 5, 1957, 71 Stat. 49; Pub. L. 89-553, Sec. 1(4), Sept.

2, 1966, 80 Stat. 376; Pub. L. 92-167, Sec. 1(3)-(6), Nov. 24,

1971, 85 Stat. 488; Pub. L. 94-181, Sec. 1(f), Dec. 27, 1975, 89

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

1065; Pub. L. 97-293, title II, Sec. 223, Oct. 12, 1982, 96 Stat.

1272; Pub. L. 99-546, title III, Secs. 306, 307, Oct. 27, 1986, 100

Stat. 3054.)

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-546, Sec. 306, struck out "and"

before "(5)" and substituted "and flood control, which are

nonreimbursable under general provisions of law applicable to such

projects; and (6) that portion of the estimated cost of

constructing the project which is allocable to flood control and

which would be nonreimbursable under general provisions of law

applicable to projects constructed by the Secretary of the Army."

for ", which are nonreimbursable under general provisions of law

applicable to such projects: Provided, That the cost of

constructing the project as used in this subsection shall be

exclusive of the cost of lands and interests in land;".

Subsec. (c)(1). Pub. L. 99-546, Sec. 307(a), substituted "forty"

for "fifty".

Subsec. (c)(2). Pub. L. 99-546, Sec. 307(b), amended cl. (2)

generally. Prior to amendment, cl. (2) read as follows: "interest,

as determined by the Secretary of the Treasury, as of the beginning

of the fiscal year in which the contract is executed, on the basis

of the computed average interest rate payable by the Treasury upon

its outstanding marketable public obligations, which are neither

due nor callable for redemption for fifteen years from date of

issue, and by adjusting such average rate to the nearest one-eighth

of 1 per centum, on that portion of the loan which is attributable

to furnishing irrigation benefits in each particular year to land

held in private ownership by a qualified recipient, as such term is

defined in section 390bb of this title, in excess of nine hundred

and sixty irrigable acres, or by a limited recipient, as such term

is defined in section 390bb of this title, in excess of three

hundred and twenty irrigable acres; and".

Subsec. (c)(3). Pub. L. 99-546, Sec. 307(c), struck out cl. (3)

which read as follows: "in the case of any project involving an

allocation to domestic, industrial, or municipal water supply,

commercial power, fish and wildlife enhancement, or public

recreation, interest on the unamortized balance of an appropriate

portion of the loan at a rate as determined in (2) above; Except

that portion of said allocation attributable to furnishing benefits

to a facility operated by an agency of the United States, which

portion shall bear no interest;".

1982 - Subsec. (c)(2). Pub. L. 97-293 substituted "by a qualified

recipient, as such term is defined in section 390bb of this title,

in excess of nine hundred and sixty irrigable acres, or by a

limited recipient, as such term is defined in section 390bb of this

title, in excess of three hundred and twenty irrigable acres" for

"by any one owner in excess of one hundred and sixty irrigable

acres".

1980 - Subsec. (c). Pub. L. 96-336 inserted "Except that portion

of said allocation attributable to furnishing benefits to a

facility operated by an agency of the United States, which portion

shall bear no interest;" at end of subsec. (c).

1975 - Subsec. (a)(1). Pub. L. 94-181 substituted "two-thirds of

the maximum allowable estimated total project cost as determined by

section 422b(f) of this title," for "$10,000,000".

1971 - Subsec. (a)(1). Pub. L. 92-167, Sec. 1(3), substituted

"$10,000,000" for "$6,500,000".

Subsec. (b)(2). Pub. L. 92-167, Sec. 1(4), substituted provision

for inclusion of one-half of land acquisition costs to serve

exclusively the purposes of fish and wildlife enhancement and

public recreation, for prior inclusion of such costs for a

reservoir or other area to be operated for fish and wildlife

enhancement and public recreation purposes and provided for

inclusion of costs of acquiring joint use lands and interests

therein properly allocable to fish and wildlife enhancement and

public recreation.

Subsec. (b)(5). Pub. L. 92-167, Sec. 1(5), inserted proviso

excluding from cost of constructing projects, as used in this

subsection, cost of lands and interests in land.

Subsec. (c)(3). Pub. L. 92-167, Sec. 1(6), required reimbursable

fish and wildlife and recreation costs to be repaid with interest

at rate determined by formula set forth in subsec. (c)(2) of this

section.

1966 - Pub. L. 89-553 substituted the lesser of $6,500,000 or the

estimated total cost of the project minus the contribution of the

local organization as provided in section 422d(b) of this title and

the amount of the grant for the portion of the estimated cost of

constructing the project which, if it were being constructed as a

Federal reclamation project, would be properly allocable to

reimbursable functions under general provisions of law applicable

to such projects as the maximum amount of the loan, struck out the

time and method of paying a grant to an organization from the list

of contract terms, added factors involving fish and wildlife

enhancement and public recreation to the factors adding up to the

figure comprising the maximum allowable grant, and altered the

requirements of the interest term by substituting the computed

average interest rate payable by the Treasury upon its outstanding

marketable public obligations which are neither due nor callable

for redemption for fifteen years from date of issue for the

estimate of the average annual yield to maturity, on the basis of

daily closing market bid quotations or prices during the month of

May preceding the fiscal year in which the loan is made, on all

outstanding marketable obligations of the United States having a

maturity date of fifteen or more years from May 1 of the year.

1957 - Pub. L. 85-47 substituted "Upon approval of any project

proposal by the Secretary under the provisions of section 422d of

this title, he may negotiate a contract which" for "Any contract

authorized to be negotiated under the provisions of subsection (c)

of section 422d of this title".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-546 applicable to all proposals for which

draft applications are received by Secretary after Aug. 15, 1986,

see section 310 of Pub. L. 99-546, set out as a note under section

422a of this title.

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

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