I
103D CONGRESS
1ST SESSION
H. R. 2575
To amend the Reclamation Reform Act of 1982, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 30, 1993
Mr. SMITH of Oregon (for himself, Mr. ALLARD, Mr. DOOLEY, Mr. DORNAN,
Mr. CRAPO, Mr. INSLEE, Mr. HUNTER, Mr. HANSEN, Mr. LAROCCO, Mr.
LEHMAN, and Mr. DOOLITTLE) introduced the following bill; which was
referred to the Committee on Natural Resources
A BILL
To amend the Reclamation Reform Act of 1982, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CERTIFICATION AND REPORTING REQUIRE-
MENTS.
Section 206 of the Reclamation Reform Act of 1982
(43 U.S.C. 390ff) is amended—
(1) by inserting ‘‘(a)’’ after ‘‘SEC. 206.’’;
(2) by inserting ‘‘whose total landholding
westwide exceeds 320 acres’’ after ‘‘such district’’;
(3) by striking ‘‘title’’ and inserting ‘‘Act’’;
(4) by inserting at the end of subsection (a), as
so designated by paragraph (1) of this section, the
following new sentence: ‘‘In the event that there is
no change from the information contained in the
form previously submitted, a landowner or lessee
may notify the district in writing that no change has
occurred in lieu of submitting a new form.’’; and
(5) by inserting after subsection (a), as so des-
ignated by paragraph (1) of this section, the follow-
ing:
‘‘(b)(1) In the case of noncompliance in connection
with reporting and certification forms for incidents of non-
compliance violations based on errors, good faith questions
of interpretation or unintentional omissions, the Secretary
shall have the authority to impose penalties not to exceed
$1,500 per year against the person or legal entity who
is in such noncompliance. For the imposition of the pen-
alty, the Secretary shall establish a table of penalties
which shall account for the acreage of the person or legal
entity in violation and the number of their previous viola-
tions, if any. A penalty under this paragraph may not be
applied to any person or legal entity who is otherwise liable
if the violation was discovered and reported to the Sec-
retary or his authorized representative by the liable person
or legal entity and corrected within 30 days of the submis-
sion of the form. In the event the person or legal entity
in noncompliance under this section received irrigation
water on ineligible lands or at less than the appropriate
water rate, the total penalty imposed against the non-
complying person or legal entity shall not exceed $1,500
per year, and the noncomplying person or legal entity shall
not be subject to the underpayment penalty provisions set
forth in section 224(i) of the Act.
‘‘(2) The Secretary shall collect the fines and pen-
alties assessed pursuant to this subsection from the person
or legal entity who is in violation and not the district
which delivers the irrigation water to the person or legal
entity who is in violation.
‘‘(3) Any funds recovered by the Secretary pursuant
to this subsection shall be covered into the Reclamation
Fund and placed to the credit of the district from whence
such funds were derived.
‘‘(4) The Secretary is directed to review all compli-
ance violations identified prior to the date of enactment
of this subsection. In the case of incidents of noncompli-
ance based on errors, late submissions of forms, good faith
questions of interpretations, and unintentional omissions,
in lieu of an assessment of full cost, whether or not pre-
viously collected from the landholder or district, the Sec-
retary may impose penalties of up to $1,500 per year
against the person or legal entity who was in violation.
Any amounts collected in excess thereof shall be refunded
or credited to future payments of the district. The Sec-
retary shall collect the fines and penalties from the person
or legal entity who was in violation.
‘‘(c) Notwithstanding any other provision of law, any
determination of noncompliance by the Secretary under
this section or under section 224(i) shall be in accordance
with chapter 5 of title 5 of the United States Code (relat-
ing to administrative procedure) and subject to an adju-
dicatory hearing. No penalty shall be imposed by the Sec-
retary on a landholder for failure to comply with any pro-
vision of this Act and the regulations established pursuant
to this Act after one year from the date of noncompliance
unless such noncompliance was the result of fraud or in-
tentional misrepresentation of fact by the landholder.’’.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall take effect
on January 1, 1994.
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