dreamproit/uscode huggingface dataset:
43 U.S.C. § 422 (PUBLIC LANDS)
§ 422. Construction of dams across Yellowstone River
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.
(Mar. 3, 1905, ch. 1476, 33 Stat. 1045.)
heading: References in Text
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.
43 U.S.C. § 422a (PUBLIC LANDS)
§ 422a. Declaration of purpose
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.
(Aug. 6, 1956, ch. 972, § 1, 70 Stat. 1044; Pub. L. 99–546, title III, § 302, Oct. 27, 1986, 100 Stat. 3053.)
heading: References in Text
text: The Federal reclamation laws, referred to in text, are defined in section 422b of this title.
heading: Amendments
text: 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”.
heading: Effective Date of 1986 Amendment
text: Pub. L. 99–546, title III, § 310, Oct. 27, 1986, 100 Stat. 3055, 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.”
heading: Separability
text: Act Aug. 6, 1956, ch. 972, § 12, 70 Stat. 1047, 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.”
43 U.S.C. § 422c (PUBLIC LANDS)
§ 422c. Proposals; submission; payment for cost of examination
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.
(Aug. 6, 1956, ch. 972, § 3, 70 Stat. 1044; Pub. L. 99–546, title III, § 303, Oct. 27, 1986, 100 Stat. 3053.)
heading: Amendments
text: 1986—Pub. L. 99–546 substituted “$5,000” for “$1,000”.
43 U.S.C. § 422f (PUBLIC LANDS)
§ 422f. Proposals for projects previously authorized; waiver of requirements; approval; negotiation of contract
Any proposal with respect to the construction of a project which has theretofore been authorized for construction under the Federal reclamation laws shall be made in like manner as a proposal under section 422d of this title, but the Secretary may waive such requirements of subsections (a) and (b) of section 422d of this title as he finds to be duplicative of, or rendered unnecessary or impossible by, action already taken by the United States. Upon approval of any such proposal by the Secretary he may negotiate and execute a contract which conforms, as nearly as may be, to the provisions of section 422e of this title.
(Aug. 6, 1956, ch. 972, § 6, 70 Stat. 1046.)
heading: References in Text
text: The Federal reclamation laws, referred to in text, are defined in section 422b of this title.
43 U.S.C. § 422g (PUBLIC LANDS)
§ 422g. Information from Federal agencies; costs
Upon request of an organization which has made or intends to make a proposal under this subchapter, the head of any Federal department or agency may make available to the organization any existing engineering, economic, or hydrologic information and printed material that it may have and that will be useful in connection with the planning, design, construction, or operation and maintenance of the project concerned. The reasonable cost of any plans, specifications, and other unpublished material furnished by the Secretary pursuant to this section and the cost of making and administering any loan under this subchapter shall, to the extent that they would not be nonreimbursable in the case of a project constructed under the Federal reclamation laws, be treated as a loan and covered in the provisions of the contract entered into under section 422e of this title unless they are otherwise paid for by the organization.
(Aug. 6, 1956, ch. 972, § 7, 70 Stat. 1047.)
heading: References in Text
text: The Federal reclamation laws, referred to in text, are defined in section 422b of this title.
43 U.S.C. § 422h (PUBLIC LANDS)
§ 422h. Planning and construction; transfer of funds
The planning and construction of projects undertaken pursuant to this subchapter shall be subject to all procedural requirements and other provisions of the Fish and Wildlife Coordination Act (48 Stat. 401), as amended (16 U.S.C. 661 et seq.). The Secretary shall transfer to the Fish and Wildlife Service or to the National Marine Fisheries Service, out of appropriations or other funds made available under this subchapter, such funds as may be necessary to conduct the investigations required to carry out the purposes of this section.
(Aug. 6, 1956, ch. 972, § 8, 70 Stat. 1047; Pub. L. 89–553, § 1(5), Sept. 2, 1966, 80 Stat. 377; Pub. L. 99–546, title III, § 308, Oct. 27, 1986, 100 Stat. 3055.)
heading: References in Text
text: The Fish and Wildlife Coordination Act (48 U.S.C. 401), as amended, referred to in text, is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which is classified generally to sections 661 to 666c of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 661 of Title 16 and Tables.
heading: Amendments
text: 1986—Pub. L. 99–546 inserted provisions which related to transfer of funds for conduct of investigations to Fish and Wildlife Service or to National Marine Fisheries Service.
1966—Pub. L. 89–553 substituted “the Fish and Wildlife Coordination Act, as amended” for “the Act of Aug. 14, 1946 (60 Stat. 1080)”.
43 U.S.C. § 422j (PUBLIC LANDS)
§ 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
There are authorized to be appropriated, such sums as may be necessary, but not to exceed $600,000,000, to carry out the provisions of this subchapter and, effective October 1, 1986, not to exceed an additional $600,000,000: Provided, That the Secretary shall advise the Congress promptly on the receipt of each proposal referred to in section 422c of this title, and no contract shall become effective until appropriated funds are available to initiate the specific proposal covered by each contract. All such appropriations shall remain available until expended and shall, insofar as they are used to finance loans made under this subchapter, be reimbursable in the manner hereinabove provided. Not more than 20 percent of the total amount of additional funds authorized to be appropriated effective October 1, 1986, for loans and grants pursuant to this subchapter shall be for projects in any single State: Provided, That beginning five years after October 27, 1986, the Secretary is authorized to waive the 20 percent limitation for loans and grants which meet the purposes set forth in section 422a of this title: Provided further, That the decision of the Secretary to waive the limitation shall be submitted to the Congress together with the project proposal pursuant to section 422d(c) of this title and shall become effective only if the Congress has not, within 60 legislative days, passed a joint resolution of disapproval for such a waiver.
(Aug. 6, 1956, ch. 972, § 10, 70 Stat. 1047; Pub. L. 89–553, § 1(6), Sept. 2, 1966, 80 Stat. 377; Pub. L. 92–167, § 1(7), Nov. 24, 1971, 85 Stat. 488; Pub. L. 94–181, § 1(g), Dec. 27, 1975, 89 Stat. 1050; Pub. L. 96–336, § 8(a), Sept. 4, 1980, 94 Stat. 1065; Pub. L. 99–546, title III, § 309, Oct. 27, 1986, 100 Stat. 3055.)
heading: Codification
text: “October 27, 1986,” substituted in text for “the date of enactment of this Act”, meaning the date of enactment of Pub. L. 99–546, which amended this section, rather than August 6, 1956, the date of enactment of this section, as the probable intent of Congress.
heading: Amendments
text: 1986—Pub. L. 99–546 inserted “and effective October 1, 1986, not to exceed an additional $600,000,000” and inserted provisions at end limiting allocation for projects in any single State to 20 percent of additional funds authorized to be appropriated effective Oct. 1, 1986, authorizing waiver of that limitation, and requiring submission of waiver decision to Congress.
1980—Pub. L. 96–336 substituted “$600,000,000” for “$400,000,000”.
1975—Pub. L. 94–181 substituted “$400,000,000” for “$300,000,000”.
1971—Pub. L. 92–167 substituted “$300,000,000” for “$200,000,000”.
1966—Pub. L. 89–553 substituted “$200,000,000” for “$100,000,000”.
heading: Effective Date of 1980 Amendment
text: Pub. L. 96–336, § 8(a), Sept. 4, 1980, 94 Stat. 1065, provided that the amendment made by section 8(a) is effective Oct. 1, 1980.
43 U.S.C. § 422k (PUBLIC LANDS)
§ 422k. Supplement to Federal reclamation laws; short title
This subchapter shall be a supplement to the Federal reclamation laws and may be cited as the Small Reclamation Projects Act of 1956.
(Aug. 6, 1956, ch. 972, § 11, 70 Stat. 1047.)
heading: References in Text
text: The Federal reclamation laws, referred to in text, are defined in section 422b of this title.
43 U.S.C. § 422k–1 (PUBLIC LANDS)
§ 422k–1. Loan contracts for deferment of repayment installments; amendment or supplementation
A loan contract negotiated and executed pursuant to this subchapter may be amended or supplemented for the purpose of deferring repayment installments in accordance with the provisions of section 485b–1(b) of this title.
(Aug. 6, 1956, ch. 972, § 13, as added Pub. L. 92–167, § 1(8), Nov. 24, 1971, 85 Stat. 488.)
43 U.S.C. § 422l (PUBLIC LANDS)
§ 422l. Application of this subchapter to Hawaii
This subchapter as heretofore and hereafter amended, shall apply to the State of Hawaii.
(Pub. L. 86–624, § 31, July 12, 1960, 74 Stat. 421.)
heading: Codification
text: Section was enacted as a part of the Hawaii Omnibus Act, and not as a part of the Small Reclamation Projects Act of 1956 which comprises this subchapter.
43 U.S.C. § 423 (PUBLIC LANDS)
§ 423. Permanently unproductive lands; exclusion from project; disposition of water right
All lands found by the classification made under the supervision of the Board of Survey and Adjustments (House Document 201, 69th Congress, 1st Session, checked and modified as outlined in General Recommendations numbered 2 and 4, Page 60 of said document), to be permanently unproductive shall be excluded from the project and no water shall be delivered to them after the date of such exclusion unless and until they are restored to the project. Except as herein otherwise provided, the water right formerly appurtenant to such permanently unproductive lands shall be disposed of by the United States under the reclamation law: Provided, That the water users on the proj­ects shall have a preference right to the use of the water: And provided further, That any surplus water temporarily available may be furnished upon a rental basis for use on lands excluded from the project under this section, on terms and conditions to be approved by the Secretary of the Interior.
(May 25, 1926, ch. 383, §§ 40, 41, 44 Stat. 647.)
heading: Sections 423 to 423g and 610 Unaffected by Sections 451 to 451k of This Title
text: Act Aug. 13, 1953, ch. 428, § 10, 67 Stat. 568, provided in part that: “Nothing contained in this Act [enacting sections 451 to 451k of this title] shall be held to repeal, supersede, or supplement the provisions for exchange and matters related thereto contained in the Act of May 25, 1926 (44 Stat. 636), as amended and supplemented [sections 423 to 423g and 610 of this title].”
43 U.S.C. § 423a (PUBLIC LANDS)
§ 423a. Construction charges on permanently unproductive lands already paid; disposition
The construction charges prior to May 25, 1926, paid on permanently unproductive lands excluded from the project shall be applied as a credit on charges due or to become due on any remaining irrigable land covered by the same water-right contract or land taken in exchange as provided in section 423c of this title. If the charges so paid exceed the amount of all water-right charges due and unpaid, plus the construction charges not yet due, the balance shall be paid in cash to the holder of the water-right contract covering the land so excluded or to the irrigation district affected; which in turn shall be charged with the responsibility of making suitable adjustment with the landowners involved. Should all the irrigable lands of a water-right applicant be excluded from the project as permanently unproductive, and no exchange be made as provided in said section, the total construction charges paid before May 25, 1926, less any accrued charges on account of operation and maintenance, shall be refunded in cash, the water-right contract shall be canceled, and all liens on account of water-right charges shall be released.
(May 25, 1926, ch. 383, § 42, 44 Stat. 647.)
43 U.S.C. § 423b (PUBLIC LANDS)
§ 423b. Suspension of payment of construction charges against areas temporarily unproductive
The payment of all construction charges against said areas temporarily unproductive shall remain suspended until the Secretary of the Interior shall declare them to be possessed of sufficient productive power properly to be placed in a paying class, whereupon payment of construction charges against such areas shall be resumed or shall begin, as the case may be. Any payments made on such areas shall be credited to the unpaid balance of the construction charge on the productive area of each unit. Such credit shall be applied on and after April 23, 1930, which shall not be construed to require revision of accounts adjusted before April 23, 1930, under the provisions of this section as originally enacted. While said lands so classified as temporarily unproductive and the construction charges against them are suspended, water for irrigation purposes may be furnished upon payment of the usual operation and maintenance charges, or such other charges as may be fixed by the Secretary of the Interior the advance payment of which may be required, in the discretion of the said Secretary. Should said lands temporarily classed as unproductive, or any of them, in the future be found by the Secretary of the Interior to be permanently unproductive, the charges against them shall be charged off as a permanent loss to the reclamation fund and they shall thereupon be treated in the same manner as other permanently unproductive lands as provided in sections 423 to 423g and 610 of this title except that no refund shall be made of the construction charges paid on such unproductive areas and applied as a credit on productive areas as herein authorized.
(May 25, 1926, ch. 383, § 43, 44 Stat. 647; Apr. 23, 1930, ch. 205, 46 Stat. 249.)
heading: References in Text
text: Sections 423 to 423g and 610 of this title, referred to in text, was in the original “this Act”, meaning act of May 25, 1926, ch. 383, 44 Stat. 636, as amended, which enacted sections 423 to 423g and 610 of this title. Section 610 of this title was omitted from the Code. For complete classification of this Act to the Code, see Tables.
heading: Amendments
text: 1930—Act Apr. 23, 1930, provided that the credit shall be applied on or after April 23, 1930, and was not to be construed as requiring revision of accounts adjusted before such date, and that no refund shall be made of the charges on unproductive areas and applied as a credit on productive areas.
43 U.S.C. § 423c (PUBLIC LANDS)
§ 423c. Exchange of unpatented entries; entries, farms or private lands, eliminated from project; rights not assignable; rights of lienholders; preference to ex-service men
Settlers who have unpatented entries under any of the public land laws embracing lands which have been eliminated from the project, or whose entries under water rights have been so reduced that the remaining area is insufficient to support a family, shall be entitled to exchange their entries for other public lands within the same project or any other existing Federal reclamation project, with credit under the homestead laws for residence, improvement, and cultivation made or performed by them upon their original entries and with credit upon the new entry for any construction charges paid upon or in connection with the original entry: Provided, That when satisfactory final proof has been made on the original entry it shall not be necessary to submit final proof upon the lieu entry. Any entryman whose entry or farm unit is reduced by the elimination of permanently unproductive land shall be entitled to enter an equal amount of available public land on the same project contiguous to or in the vicinity of the farm unit reduced by elimination, with all credits in this section hereinbefore specified in lieu of the lands eliminated. Owners of private lands so eliminated from the project may, subject to the approval of the Secretary of the Interior, and free from all encumbrances, relinquish and convey to the United States lands so owned and held by them, not exceeding an area of one hundred and sixty acres, and select an equal area of vacant public land within the irrigable area of the same or any other Federal reclamation project, with credit upon the construction costs of the lands selected to the extent and in the amount paid upon or in connection with their relinquished lands, and the Secretary of the Interior is authorized to revise and consolidate farm units, so far as this may be made necessary or advisable, with a view to carrying out the provisions of this section: Provided further, That the rights extended under this section shall not be assignable: And provided further, That in administering the provisions of this section and section 423a of this title, the Secretary of the Interior shall take into consideration the rights and interests of lien holders, as to him may seem just and equitable: Provided further, That where two entrymen apply for the same farm unit under the exchange provisions of this section, only one whom 1 is an ex-service man, as defined by section 438 2 of this title, the ex-service man shall have a preference in making such exchange.
(May 25, 1926, ch. 383, § 44, 44 Stat. 648.)
heading: References in Text
text: Section 438 of this title, referred to in text, was repealed by act Aug. 13, 1953, ch. 428, § 10, 67 Stat. 568. For provisions giving preference to ex-servicemen, see section 451g of this title.
43 U.S.C. § 423f (PUBLIC LANDS)
§ 423f. Purpose of sections 423 to 423g and 610
The purpose of sections 423 to 423g and 610 of this title is the rehabilitation of the several reclamation projects and the insuring of their future success by placing them upon a sound operative and business basis, and the Secretary of the Interior is directed to administer said sections to those ends.
(May 25, 1926, ch. 383, § 48, 44 Stat. 650.)
heading: References in Text
text: Sections 423 to 423g and 610 of this title, referred to in text, was in the original “this Act”, meaning act of May 25, 1926, ch. 383, 44 Stat. 636, as amended, which enacted sections 423 to 423g and 610 of this title. Section 610 of this title has been omitted from the Code. For complete classification of this Act to the Code, see Tables.
43 U.S.C. § 423g (PUBLIC LANDS)
§ 423g. Adjustment of water right charges as final adjudication on projects and divisions named
The adjustments under sections 1 to 40, inclusive, of the Act of Congress of May 25, 1926, 44 Statutes 636, are declared to be an incident of the operation of the “reclamation law,” a final adjudication on the projects and divisions named in such sections under the authority contained in section 466 of this title, and shall not after May 25, 1926, be construed to be the basis of reimbursement to the “reclamation fund” from the general fund of the Treasury or by the diversion to the “reclamation fund” of revenue of the United States not on May 25, 1926, required by law to be credited to such “reclamation fund.”
(May 25, 1926, ch. 383, § 50, 44 Stat. 650.)
heading: References in Text
text: Sections 1 to 40 of the Act of May 25, 1926, referred to in text, are not classified to the Code.
The reclamation law, referred to in text, probably means act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
43 U.S.C. § 423h (PUBLIC LANDS)
§ 423h. Delivery of water to excess lands upon death of spouse
Where the death of a husband or wife causes lands in private ownership to become excess lands, as that term is used in section 423e of this title, and those lands had theretofore been eligible to receive water from a project under the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereto) without execution of a recordable contract under section 423e of this title, the Secretary of the Interior is authorized to furnish water to them, without requiring execution of such a contract, so long as they remain in the ownership of the surviving spouse: Provided, That in the event of the remarriage of the surviving spouse, such lands shall be governed by applicable law without regard to the provisions of this section.
(Pub. L. 86–684, Sept. 2, 1960, 74 Stat. 732.)
heading: References in Text
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.
43 U.S.C. § 424 (PUBLIC LANDS)
§ 424. Disposal of lands classified as temporarily or permanently unproductive; persons who may take
The Secretary of the Interior, hereinafter styled the Secretary, is authorized in connection with Federal irrigation projects to dispose of vacant public lands designated under sections 423 to 423g and 610 of this title, as temporarily unproductive or permanently unproductive to resident farm owners, and resident entrymen on Federal irrigation projects, in accordance with the provisions of sections 424 to 424e of this title.
(May 16, 1930, ch. 292, § 1, 46 Stat. 367.)
heading: References in Text
text: Sections 423 to 423g and 610 of this title, referred to in text, was in the original “the Act of May 25, 1926”, meaning act of May 25, 1926, ch. 383, 44 Stat. 636, as amended, which enacted sections 423 to 423g and 610 of this title. Section 610 of this title has been omitted from the Code. For complete classification of this Act to the Code, see Tables.
Hereinafter, referred to in text, means in sections 424a to 424d of this title.