dreamproit/uscode huggingface dataset:
43 U.S.C. § 485h–4 (PUBLIC LANDS)
§ 485h–4. Application of State laws
Nothing in sections 485h–1 to 485h–5 of this title shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary in carrying out the provisions of such sections, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof: Provided, That the right to the use of water acquired under the provisions of such sections shall be appurtenant to the land irrigated and beneficial use shall be the basis, the measure, and the limit of the right.
(July 2, 1956, ch. 492, § 4, 70 Stat. 484.)
heading: Codification
text: Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.
43 U.S.C. § 485h–5 (PUBLIC LANDS)
§ 485h–5. Supplement to Federal reclamation laws
Sections 485h–1 to 485h–5 of this title shall be a supplement to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto).
(July 2, 1956, ch. 492, § 5, 70 Stat. 484.)
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.
heading: Codification
text: Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.
43 U.S.C. § 485h–6 (PUBLIC LANDS)
§ 485h–6. Repayment contracts; amendment for provision, addition or modification of irrigation blocks
After the execution of a contract pursuant to the authority of section 9(d)(1) of the Reclamation Project Act of 1939 [43 U.S.C. 485h(d)(1)] and prior to the commencement of the development period provided thereunder, the Secretary of the Interior is authorized to amend such contract to provide for irrigation blocks, or if such are already provided, to add to or modify such irrigation blocks, as he shall deem desirable to carry out the purposes of that Act.
(Pub. L. 87–613, § 1, Aug. 28, 1962, 76 Stat. 407.)
heading: References in Text
text: That Act, referred to in text, means act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended, which enacted this subchapter, sections 375a, 380a, and 387 to 389 of this title and section 16d of former Title 41, Public Contracts, and enacted provision set out as a note under section 485j of this title. For complete classification of this Act to the Code, see section 485k of this title and Tables.
heading: Codification
text: Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.
43 U.S.C. § 485h–7 (PUBLIC LANDS)
§ 485h–7. Amendment of repayment contract for payment of annual installments in two parts
In any repayment contract which provides for payment of construction charges by single annual installments, the Secretary may by agreement with the contracting organization amend such contract to provide for the payment of such annual installments in two parts on such dates in the calendar year as may best enable the contracting organization to meet its payments.
(Pub. L. 87–613, § 3, Aug. 28, 1962, 76 Stat. 408.)
heading: Codification
text: Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.
43 U.S.C. § 485j (PUBLIC LANDS)
§ 485j. Effect on existing laws
The provisions of previous Acts of Congress not inconsistent with the provisions of this subchapter shall remain in full force and effect.
(Aug. 4, 1939, ch. 418, § 16, 53 Stat. 1198.)
heading: Construction With Other Laws
text: Act Aug. 4, 1939, ch. 418, § 18, 53 Stat. 1198, provided that: “Nothing in this Act [see section 485k of this title] shall be construed to amend the Boulder Canyon Project Act (45 Stat. 1057), as amended [section 617 et seq. of this title].”
43 U.S.C. § 485k (PUBLIC LANDS)
§ 485k. Short title
This subchapter may be cited as the “Reclamation Project Act of 1939.”
(Aug. 4, 1939, ch. 418, § 19, 53 Stat. 1198.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this Act”, meaning act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended, which enacted this subchapter, sections 375a, 380a, and 387 to 389 of this title and section 16d of former Title 41, Public Contracts, and enacted provision set out as a note under section 485j of this title. For complete classification of this Act to the Code, see Tables.
43 U.S.C. § 491 (PUBLIC LANDS)
§ 491. Authority of Secretary to operate works
The Secretary of the Interior is authorized and directed to use the reclamation fund for the operation and maintenance of all reservoirs and irrigation works constructed under the provisions of this Act.
(June 17, 1902, ch. 1093, § 6, 32 Stat. 389.)
heading: References in Text
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.
heading: Codification
text: Section is comprised of part of section 6 of act June 17, 1902. Remainder of such section 6 is classified to section 498 of this title.
heading: Section as Unaffected by Submerged Lands Act
text: Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.
43 U.S.C. § 492 (PUBLIC LANDS)
§ 492. Operation and maintenance charges generally
In addition to the construction charge, every water-right applicant, entryman, or landowner under or upon a reclamation project shall also pay, whenever water service is available for the irrigation of his land, an operation and maintenance charge based upon the total cost of operation and maintenance of the project, or each separate unit thereof, and such charge shall be made for each acre-foot of water delivered; but each acre of irrigable land, whether irrigated or not, shall be charged with a minimum operation and maintenance charge based upon the charge for delivery of not less than one acre-foot of water. If the total amount of operation and maintenance charges and penalties collected for any one irrigation season on any project shall exceed the cost of operation and maintenance of the project during that irrigation season, the balance shall be applied to a reduction of the charge on the project for the next irrigation season, and any deficit incurred may likewise be added to the charge for the next irrigation season.
(Aug. 13, 1914, ch. 247, § 5, 38 Stat. 687.)
heading: Codification
text: Section is comprised of part of first sentence and second sentence of section 5 of act Aug. 13, 1914. Remainder of first sentence of such section is classified to section 499 of this title.
43 U.S.C. § 493 (PUBLIC LANDS)
§ 493. Operation charges; date of payment; discount; advance payment
All operation and maintenance charges upon projects existing prior to December 5, 1924, shall become due and payable on the date fixed for each project by the Secretary of the Interior, and if such charge is paid on or before the date when due there shall be a discount of 5 per centum of such charge.
All contracts providing for new projects and new divisions of projects approved after December 5, 1924, shall require that all operation and maintenance charges shall be payable in advance. In each case where the care, operation, and maintenance of a project or division of a project are transferred to the water users the contract shall require the payment of operation and maintenance charges in advance. Whenever an adjustment of water charges is made under sections 371, 376, 377, 412, 417, 433, 438,1 462, 463,1 466, 467,1 473,1 474,1 478, 493, 494, 500, 501 and 526 of this title the adjustment contract shall provide that thereafter all operation and maintenance charges shall be payable in advance.
(Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688; Dec. 5, 1924, ch. 4, § 4, subsec. N, 43 Stat. 704.)
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.
Sections 463, 467, 473, and 474 of this title, referred to in text, were repealed by act May 25, 1926, ch. 383, § 47, 44 Stat. 650.
heading: Codification
text: First paragraph of this section is comprised of part of first sentence of section 6 of act Aug. 13, 1914. Remainder of first sentence of such section 6 is classified to sections 479, 494, and 495 of this title; second and third sentences of such section 6 are classified to sections 496 and 497 of this title, respectively.
Second paragraph of this section is from act Dec. 5, 1924.
Language was inserted in the first paragraph of this section limiting it to projects existing prior to Dec. 5, 1924, to avoid conflict with second paragraph applicable to projects after Dec. 5, 1924.
heading: Definitions
text: The definitions in section 371 of this title apply to this section.
43 U.S.C. § 494 (PUBLIC LANDS)
§ 494. Pecuniary penalty for nonpayment of operation charge
If any operation or maintenance charge is unpaid on the 1st day of the third calendar month after it became due a penalty of 1 per centum of the amount unpaid shall be added thereto, and thereafter an additional penalty of one-half of 1 per centum of the amount unpaid shall be added on the 1st day of each calendar month if such charge and penalties shall remain unpaid.
(Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688; Dec. 5, 1924, ch. 4, § 4, subsec. H, 43 Stat. 703.)
heading: Codification
text: Section is comprised of part of first sentence of section 6 of act Aug. 13, 1914. Remainder of first sentence of such section 6 is classified to sections 479, 493 and 495 of this title; second and third sentences of such section 6 are classified to sections 496 and 497 of this title, respectively.
Act Dec. 5, 1924, reduced the additional penalty from 1 per centum to one-half of 1 per centum.
43 U.S.C. § 495 (PUBLIC LANDS)
§ 495. Shutting off water for nonpayment of operation charge
No water shall be delivered to the lands of any water-right applicant or entryman who shall be in arrears for more than one calendar year for the payment of any charge for operation and maintenance.
(Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688.)
heading: Codification
text: Section is comprised of part of first sentence of section 6 of act Aug. 13, 1914. Remainder of first sentence of such section 6 is classified to sections 479, 493 and 494 of this title; second and third sentences of such section 6 are classified to sections 496 and 497 of this title, respectively.
43 U.S.C. § 496 (PUBLIC LANDS)
§ 496. Cancellation of entry or water right for nonpayment of operation charge
If any water-right applicant or entryman shall be one year in arrears in the payment of any charge for operation and maintenance and penalties, or any part thereof, his water-right application, and if he be a homestead entryman his entry also, shall be subject to cancellation, and all payments made by him forfeited to the reclamation fund, but no homestead entry shall be subject to contest because of such arrears.
(Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688.)
heading: Codification
text: Section is comprised of second sentence of section 6 of act Aug. 13, 1914. First and third sentences of such section 6 are classified to sections 479, 493, 494, 495, 497 of this title, respectively.
43 U.S.C. § 497 (PUBLIC LANDS)
§ 497. Action to recover operation charge and penalty
In the discretion of the Secretary of the Interior suit or action may be brought for the amounts of operation or maintenance charges in default and penalties in like manner as provided in section 481 of this title.
(Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688.)
heading: Codification
text: Section is comprised of third sentence of section 6 of act Aug. 13, 1914. First and second sentences of such section 6 are classified to sections 479, 493, 494, 495, and 496 of this title, respectively.
43 U.S.C. § 498 (PUBLIC LANDS)
§ 498. Transfer of management and operation of works to water users generally
When the payments required by this Act are made for the major portion of the lands irrigated from the waters of any of the works herein provided for, then the management and operation of such irrigation works shall pass to the owners of the lands irrigated thereby, to be maintained at their expense under such form of organization and under such rules and regulations as may be acceptable to the Secretary of the Interior; Provided, That the title to and the management and operation of the reservoirs and the works necessary for their protection and operation shall remain in the Government until otherwise provided by Congress.
(June 17, 1902, ch. 1093, § 6, 32 Stat. 389.)
heading: References in Text
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.
heading: Codification
text: Section is comprised of part of section 6 of act June 17, 1902. Remainder of such section 6 is classified to section 491 of this title.
heading: Section as Unaffected by Submerged Lands Act
text: Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.
43 U.S.C. § 499 (PUBLIC LANDS)
§ 499. Discretionary power to transfer management
Whenever any legally organized water-users’ association or irrigation district shall so request, the Secretary of the Interior is authorized, in his discretion, to transfer to such water-users’ association or irrigation district the care, operation, and maintenance of all or any part of the project works, subject to such rules and regulations as he may prescribe.
(Aug. 13, 1914, ch. 247, § 5, 38 Stat. 687.)
heading: Codification
text: Section is comprised of part of first sentence of section 5 of act Aug. 13, 1914. Remainder of first sentence and second sentence of such section 5 are classified to section 492 of this title.
43 U.S.C. § 499b (PUBLIC LANDS)
§ 499b. Transfer to municipal corporations or other organizations of care, operation, and maintenance of works supplying water for municipal, domestic, or industrial use
Whenever a municipal corporation or other organization to which water for municipal, domestic, or industrial use is furnished or distributed under a contract entered into with the United States pursuant to the Federal reclamation laws so requests, the Secretary of the Interior is authorized to transfer to it or its nominee the care, operation, and maintenance of the works by which such water supply is made available or such part of those works as, in his judgment, is appropriate in the circumstances, subject to such terms and conditions as he may prescribe.
(Pub. L. 89–48, § 2, June 24, 1965, 79 Stat. 172.)
heading: References in Text
text: The Federal reclamation laws, referred to in text, probably means the Act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, and Acts amendatory thereof or supplementary thereto. The Act of June 17, 1902, 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. § 500 (PUBLIC LANDS)
§ 500. Duty of association or district to take over management
Whenever two-thirds of the irrigable area of any project, or division of a project, shall be covered by water-right contracts between the water users and the United States, said project shall be required, as a condition precedent to receiving the benefits of sections 371, 376, 377, 412, 417, 433, 438,1 462, 463,1 466, 467,1 473,1 474,1 478, 493, 494, 500, 501, and 526 of this title to take over, through a legally organized water-users’ association or irrigation district, the care, operation, and maintenance of all or any part of the project works, subject to such rules and regulations as the Secretary may prescribe, and thereafter the United States, in its relation to said project, shall deal with a water users’ association or irrigation district, and when the water users assume control of a project, the operation and maintenance charges for the year then current shall be covered into the construction account to be repaid as part of the construction repayments.
(Dec. 5, 1924, ch. 4, § 4, subsec. G, 43 Stat. 702.)
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.
Sections 463, 467, 473, and 474 of this title, referred to in text, were repealed by act May 25, 1926, ch. 383, § 47, 44 Stat. 650.
heading: Definitions
text: The definitions in section 371 of this title apply to this section.
43 U.S.C. § 501 (PUBLIC LANDS)
§ 501. Disposition of profits of project taken over by water users
Whenever the water users take over the care, operation, and maintenance of a project, or a division of a project, the total accumulated net profits, as determined by the Secretary, derived from the operation of project power plants, leasing of project grazing and farm lands, and the sale or use of town sites shall be credited to the construction charge of the project, or a division thereof, and thereafter the net profits from such sources may be used by the water users to be credited annually, first, on account of project construction charge, second, on account of project operation and maintenance charge, and third, as the water users may direct. No distribution to individual water users shall be made out of any such profits before all obligations to the Government shall have been fully paid.
(Dec. 5, 1924, ch. 4, § 4, subsec. I, 43 Stat. 703.)
heading: Definitions
text: The definitions in section 371 of this title apply to this section.
43 U.S.C. § 503 (PUBLIC LANDS)
§ 503. “Unusual or emergency conditions” defined
The term “unusual or emergency conditions”, as used in section 502 of this title, shall be construed to mean canal bank failures, generator failures, damage to transmission lines; or other physical failures or damage, or acts of God, or of the public enemy, fires, floods, drought, epidemics, strikes, or freight embargoes, or conditions, causing or threatening to cause interruption in water or power service.
(June 26, 1948, ch. 676, § 2, 62 Stat. 1052.)
43 U.S.C. § 505 (PUBLIC LANDS)
§ 505. Drainage facilities and minor construction in irrigation works; contracts with repayment organizations; limitation on costs; submission of contract to Congress
Funds appropriated for the construction of irrigation works authorized to be undertaken pursuant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), the Act of August 11, 1939 (53 Stat. 1418), as amended [16 U.S.C. 590y et seq.], or other Acts of Congress may, insofar as such funds are available for the construction of drainage facilities and other minor items, be utilized by the Secretary of the Interior to accomplish such work by contract, by force account or, notwithstanding any other law and subject only to such reasonable terms and conditions as the Secretary shall deem appropriate for the protection of the United States, by contract entered into with the repayment organization concerned whereby said organization shall perform such work: Provided, That in the event construction work to be accomplished by any one repayment organization, pursuant to contract with the United States, exceeds a total cost of $200,000, such contract shall not be executed by the Secretary prior to the expiration of sixty calendar days (which sixty days, however, shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three days to a day certain) from the date on which it has been submitted to the Speaker of the House and the President of the Senate for reference to the appropriate Committees, except that such contract may be executed prior to expiration of such sixty days in any case in which both such Committees approve said contract and notify the Secretary in writing of such approval.
(June 13, 1956, ch. 382, 70 Stat. 274.)
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.
Act of August 11, 1939, referred to in text, is classified generally to subchapter II (§ 590y et seq.) of chapter 3C of Title 16, Conservation. For complete classification of this Act to the Code, see Tables.
43 U.S.C. § 506 (PUBLIC LANDS)
§ 506. Authority of Secretary to make modifications
In order to preserve the structural safety of Bureau of Reclamation dams and related facilities the Secretary of the Interior is authorized to perform such modifications as he determines to be reasonably required. Said performance of work shall be in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory or supplementary thereto).
(Pub. L. 95–578, § 2, Nov. 2, 1978, 92 Stat. 2471.)
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.
heading: Short Title of 1984 Amendment
text: Pub. L. 98–404, § 1, Aug. 28, 1984, 98 Stat. 1481, provided in part: “That this Act [amending sections 508 and 509 of this title] may be cited as ‘The Reclamation Safety of Dams Act Amendments of 1984’.”
heading: Short Title of 1978 Amendment
text: Pub. L. 95–578, § 1, Nov. 2, 1978, 92 Stat. 2471, provided: “That this Act [enacting this subchapter and amending section 1511 of this title] shall be cited as the ‘Reclamation Safety of Dams Act of 1978’.”
heading: Facilities Included Within Scope of Reclamation Safety of Dams Act of 1978
text: Pub. L. 95–578, § 12, as added by Pub. L. 98–404, § 1(4), Aug. 28, 1984, 98 Stat. 1482, provided that: “Included within the scope of this Act [this subchapter] are Fish Lake, Four Mile, Ochoco, Savage Rapids Diversion and Warm Springs Dams, Oregon; Como Dam, Montana; Little Wood River Dam, Idaho; and related facilities which have been made a part of a Federal reclamation project by previous Acts of Congress. Coolidge Dam, San Carlos Irrigation Project, Arizona, shall also be included within the scope of this Act.”
43 U.S.C. § 507 (PUBLIC LANDS)
§ 507. Construction for dam safety
Construction authorized by this subchapter shall be for the purposes of dam safety and not for the specific purposes of providing additional conservation storage capacity or of developing benefits over and above those provided by the original dams and reservoirs. Nothing in this subchapter shall be construed to reduce the amount of project costs allocated to reimbursable purposes heretofore authorized.
(Pub. L. 95–578, § 3, Nov. 2, 1978, 92 Stat. 2471.)