dreamproit/uscode huggingface dataset:
43 U.S.C. § 390h–33 (PUBLIC LANDS)
§ 390h–33. Elsinore Valley Municipal Water District projects, California
(a) Authorization
The Secretary, in cooperation with the Elsinore Valley Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish recycled water distribution and wastewater treatment and reclamation facilities that will be used to treat wastewater and provide recycled water in the Elsinore Valley Municipal Water District, California.
(b) Cost sharing
The Federal share of the cost of each project described in subsection (a) shall not exceed 25 percent of the total cost of the project.
(c) Limitation
Funds provided by the Secretary under this section shall not be used for operation or maintenance of the projects described in subsection (a).
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $12,500,000.
(Pub. L. 102–575, title XVI, § 1650, as added Pub. L. 111–11, title IX, § 9109(a), Mar. 30, 2009, 123 Stat. 1315.)
43 U.S.C. § 390h–35 (PUBLIC LANDS)
§ 390h–35. Prado Basin natural treatment system project
(a) In general
The Secretary, in cooperation with the Orange County Water District, shall participate in the planning, design, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin.
(b) Cost sharing
The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project.
(c) Limitation
Funds provided by the Secretary shall not be used for the operation and maintenance of the project described in subsection (a).
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000.
(e) Sunset of authority
This section shall have no effect after the date that is 10 years after March 30, 2009.
(Pub. L. 102–575, title XVI, § 1652, as added Pub. L. 111–11, title IX, § 9111(a)(1), Mar. 30, 2009, 123 Stat. 1317.)
43 U.S.C. § 390h–36 (PUBLIC LANDS)
§ 390h–36. Lower Chino Dairy Area desalination demonstration and reclamation project
(a) In general
The Secretary, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project.
(b) Cost sharing
The Federal share of the cost of the project described in subsection (a) shall not exceed—
(1) 25 percent of the total cost of the project; or
(2) $26,000,000.
(c) Limitation
Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a).
(d) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
(e) Sunset of authority
This section shall have no effect after the date that is 10 years after March 30, 2009.
(Pub. L. 102–575, title XVI, § 1653, as added Pub. L. 111–11, title IX, § 9111(b)(1), Mar. 30, 2009, 123 Stat. 1317.)
heading: References in Text
text: The Federal reclamation laws, referred to in subsec. (a), are defined in section 390h(a) of this title.
43 U.S.C. § 390h–37 (PUBLIC LANDS)
§ 390h–37. Oxnard, California, water reclamation, reuse, and treatment project
(a) Authorization
The Secretary, in cooperation with the City of Oxnard, California, may participate in the design, planning, and construction of Phase I permanent facilities for the GREAT project to reclaim, reuse, and treat impaired water in the area of Oxnard, California.
(b) Cost share
The Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the following:
(1) The operations and maintenance of the project described in subsection (a).
(2) The construction, operations, and maintenance of the visitor’s center related to the project described in subsection (a).
(d) Sunset of authority
The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after March 30, 2009.
(Pub. L. 102–575, title XVI, § 1654, as added Pub. L. 111–11, title IX, § 9113(a), Mar. 30, 2009, 123 Stat. 1319.)
43 U.S.C. § 390h–38 (PUBLIC LANDS)
§ 390h–38. Yucaipa Valley regional water supply renewal project
(a) Authorization
The Secretary, in cooperation with the Yucaipa Valley Water District, may participate in the design, planning, and construction of projects to treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the Santa Ana Watershed as described in the report submitted under section 390h–4 of this title.
(b) Cost sharing
The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project.
(c) Limitation
Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a).
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $20,000,000.
(Pub. L. 102–575, title XVI, § 1655, as added Pub. L. 111–11, title IX, § 9114(a), Mar. 30, 2009, 123 Stat. 1320.)
43 U.S.C. § 390h–39 (PUBLIC LANDS)
§ 390h–39. City of Corona Water Utility, California, water recycling and reuse project
(a) Authorization
The Secretary, in cooperation with the City of Corona Water Utility, California, 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 City of Corona Water Utility, California.
(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.
(c) Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(Pub. L. 102–575, title XVI, § 1656, as added Pub. L. 111–11, title IX, § 9114(a), Mar. 30, 2009, 123 Stat. 1320.)
43 U.S.C. § 390aa (PUBLIC LANDS)
§ 390aa. Congressional declaration of purpose; short title
This subchapter shall amend and supplement the Act of June 17, 1902, and Acts supplementary thereto and amendatory thereof (43 U.S.C. 371), hereinafter referred to as “Federal reclamation law”. This subchapter may be referred to as the “Reclamation Reform Act of 1982”.
(Pub. L. 97–293, title II, § 201, Oct. 12, 1982, 96 Stat. 1263.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title II (§§ 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, 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.
43 U.S.C. § 390cc (PUBLIC LANDS)
§ 390cc. New or amended contracts
(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.
(c) Election by qualified or limited recipients in absence of 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.
(Pub. L. 97–293, title II, § 203, Oct. 12, 1982, 96 Stat. 1264.)
heading: References in Text
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.
43 U.S.C. § 390dd (PUBLIC LANDS)
§ 390dd. Limitation on ownership
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.
(Pub. L. 97–293, title II, § 204, Oct. 12, 1982, 96 Stat. 1265.)
43 U.S.C. § 390ff (PUBLIC LANDS)
§ 390ff. Certification of compliance
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.
(Pub. L. 97–293, title II, § 206, Oct. 12, 1982, 96 Stat. 1266.)
43 U.S.C. § 390gg (PUBLIC LANDS)
§ 390gg. Equivalency
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.
(Pub. L. 97–293, title II, § 207, Oct. 12, 1982, 96 Stat. 1266.)
43 U.S.C. § 390hh (PUBLIC LANDS)
§ 390hh. Operation and maintenance charges
(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.
(c) Districts not operating from Federal funds
This section shall not apply to districts which operate and maintain project facilities and finance the operation and maintenance thereof from non-Federal funds.
(Pub. L. 97–293, title II, § 208, Oct. 12, 1982, 96 Stat. 1267.)
43 U.S.C. § 390jj (PUBLIC LANDS)
§ 390jj. Water conservation
(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.
(c) Coordination of ongoing programs; full public participation
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.
(Pub. L. 97–293, title II, § 210, Oct. 12, 1982, 96 Stat. 1268.)
heading: References in Text
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.
43 U.S.C. § 390kk (PUBLIC LANDS)
§ 390kk. Residency not required
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.
(Pub. L. 97–293, title II, § 211, Oct. 12, 1982, 96 Stat. 1269.)
43 U.S.C. § 390ll (PUBLIC LANDS)
§ 390ll. Corps of Engineers projects
(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.
(Pub. L. 97–293, title II, § 212, Oct. 12, 1982, 96 Stat. 1269.)
heading: References in Text
text: Federal reclamation law, referred to in subsec. (a), is defined in section 390aa of this title.
43 U.S.C. § 390mm (PUBLIC LANDS)
§ 390mm. Repayment of construction charges
(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.
(c) Lump sum or accelerated repayment of construction costs
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.
(Pub. L. 97–293, title II, § 213, Oct. 12, 1982, 96 Stat. 1269.)
heading: References in Text
text: Federal reclamation law, referred to in subsecs. (a) and (b), is defined in section 390aa of this title.
43 U.S.C. § 390nn (PUBLIC LANDS)
§ 390nn. Trusts
(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.
(Pub. L. 97–293, title II, § 214, Oct. 12, 1982, 96 Stat. 1270; Pub. L. 100–203, title V, § 5302(b), Dec. 22, 1987, 101 Stat. 1330–269.)
heading: References in Text
text: Federal reclamation law, referred to in subsec. (a), is defined in section 390aa of this title.
heading: Amendments
text: 1987—Pub. L. 100–203 designated existing provisions as subsec. (a) and added subsec. (b).
43 U.S.C. § 390oo (PUBLIC LANDS)
§ 390oo. Temporary supplies of water
(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.
(Pub. L. 97–293, title II, § 215, Oct. 12, 1982, 96 Stat. 1270.)
heading: References in Text
text: Federal reclamation law, referred to in subsec. (a), is defined in section 390aa of this title.
43 U.S.C. § 390pp (PUBLIC LANDS)
§ 390pp. Involuntary foreclosure
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.
(Pub. L. 97–293, title II, § 216, Oct. 12, 1982, 96 Stat. 1270.)
heading: References in Text
text: Federal reclamation law, referred to in text, is defined in section 390aa of this title.
43 U.S.C. § 390qq (PUBLIC LANDS)
§ 390qq. Isolated tracts
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.
(Pub. L. 97–293, title II, § 217, Oct. 12, 1982, 96 Stat. 1270.)
heading: References in Text
text: Federal reclamation law, referred to in text, is defined in section 390aa of this title.