dreamproit/uscode huggingface dataset:
43 U.S.C. § 2403 (PUBLIC LANDS)
§ 2403. Rural water programs assessment
(a) In general
In consultation with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, the Director of the Indian Health Service, the Secretary of Housing and Urban Development, and the Secretary of the Army, the Secretary shall develop an assessment of—
(1) the status of all rural water supply projects under the jurisdiction of the Secretary authorized but not completed prior to December 22, 2006, including appropriation amounts, the phase of development, total anticipated costs, and obstacles to completion;
(2) the current plan (including projected financial and workforce requirements) for the completion of the projects identified in paragraph (1) within the time frames established under the provisions of law authorizing the projects or the final engineering reports for the projects;
(3) the demand for new rural water supply projects;
(4) rural water programs within other agencies and a description of the extent to which those programs provide support for rural water supply projects and water treatment programs in Reclamation States, including an assessment of the requirements, funding levels, and conditions of eligibility for the programs assessed;
(5) the extent of the demand that the Secretary can meet with the Program;
(6) how the Program will complement authorities already within the jurisdiction of the Secretary and the heads of the agencies with whom the Secretary consults; and
(7) improvements that can be made to coordinate and integrate the authorities of the agencies with programs evaluated under paragraph (4), including any recommendations to consolidate some or all of the activities of the agencies with respect to rural water supply.
(b) Consultation with States
Before finalizing the assessment developed under subsection (a), the Secretary shall solicit comments from States with identified rural water needs.
(c) Report
Not later than 2 years after December 22, 2006, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a detailed report on the assessment conducted under subsection (a).
(Pub. L. 109–451, title I, § 104, Dec. 22, 2006, 120 Stat. 3348.)
43 U.S.C. § 2406 (PUBLIC LANDS)
§ 2406. Miscellaneous
(a) Authority of Secretary
The Secretary may enter into contracts, financial assistance agreements, and such other agreements, and promulgate such regulations, as are necessary to carry out this subchapter.
(b) Transfer of projects
Nothing in this subchapter authorizes the transfer of pre-existing facilities or pre-existing components of any water system from Federal to private ownership or from private to Federal ownership.
(c) Federal reclamation law
Nothing in this subchapter supersedes or amends any Federal law associated with a project, or portion of a project, constructed under Federal reclamation law.
(d) Interagency coordination
The Secretary shall coordinate the Program carried out under this subchapter with existing Federal and State rural water and wastewater programs to facilitate the most efficient and effective solution to meeting the water needs of the non-Federal project sponsors.
(e) Multiple Indian tribes
In any case in which a contract is entered into with, or a grant is made, to 1 an organization to perform services benefitting more than 1 Indian tribe under this subchapter, the approval of each such Indian tribe shall be a prerequisite to entering into the contract or making the grant.
(f) Ownership of facilities
Title to any facility planned, designed, and recommended for construction under this subchapter shall be held by the non-Federal project entity.
(g) Expedited procedures
If the Secretary determines that a community to be served by a proposed rural water supply project has urgent and compelling water needs, the Secretary shall, to the maximum extent practicable, expedite appraisal investigations and reports conducted under section 2404 of this title and feasibility studies and reports conducted under section 2405 of this title.
(h) Effect on State water law
(1) In general
Nothing in this subchapter preempts or affects State water law or an interstate compact governing water.
(2) Compliance required
The Secretary shall comply with State water laws in carrying out this subchapter.
(i) No additional requirements
Nothing in this subchapter requires a feasibility study for, or imposes any other additional requirements with respect to, rural water supply projects or programs that are authorized before December 22, 2006.
(Pub. L. 109–451, title I, § 107, Dec. 22, 2006, 120 Stat. 3355.)
43 U.S.C. § 2407 (PUBLIC LANDS)
§ 2407. Reports
Beginning in fiscal year 2007, and each fiscal year thereafter through fiscal year 2012, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives an annual report that describes the number and type of full-time equivalent positions in the Department of the Interior and the amount of overhead costs of the Department of the Interior that are allocated to carrying out this subchapter for the applicable fiscal year.
(Pub. L. 109–451, title I, § 108, Dec. 22, 2006, 120 Stat. 3356.)
43 U.S.C. § 2408 (PUBLIC LANDS)
§ 2408. Authorization of appropriations
(a) In general
There is authorized to be appropriated to carry out this subchapter $15,000,000 for each of fiscal years 2007 through 2016, to remain available until expended.
(b) Rural water programs assessment
Of the amounts made available under subsection (a), not more than $1,000,000 may be made available to carry out section 2403 of this title for each of fiscal years 2007 and 2008.
(c) Construction costs
No amounts made available under this section shall be used to pay construction costs associated with any rural water supply project.
(Pub. L. 109–451, title I, § 109, Dec. 22, 2006, 120 Stat. 3356.)
43 U.S.C. § 2421 (PUBLIC LANDS)
§ 2421. Definitions
In this subchapter:
(1) Indian tribe
The term “Indian tribe” has the meaning given the term in section 450b of title 25.
(2) Lender
The term “lender” means—
(A) a non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulation 1 (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)); or
(B) a clean renewable energy bond lender (as defined in section 54(j)(2) of title 26 (as in effect on December 22, 2006)).
(3) Loan guarantee
The term “loan guarantee” has the meaning given the term “loan guarantee” in section 661a of title 2.
(4) Non-Federal borrower
The term “non-Federal borrower” means—
(A) a State (including a department, agency, or political subdivision of a State); or
(B) a conservancy district, irrigation district, canal company, water users’ association, Indian tribe, an agency created by interstate compact, or any other entity that has the capacity to contract with the United States under Federal reclamation law.
(5) Obligation
The term “obligation” means a loan or other debt obligation that is guaranteed under this section.
(6) Project
The term “project” means—
(A) a rural water supply project (as defined in section 2401(9) of this title);
(B) an extraordinary operation and maintenance activity for, or the rehabilitation or replacement of, a facility—
(i) that is authorized by Federal reclamation law and constructed by the United States under such law; or
(ii) in connection with which there is a repayment or water service contract executed by the United States under Federal reclamation law; or
(C) an improvement to water infrastructure directly associated with a reclamation project that, based on a determination of the Secretary—
(i) improves water management; and
(ii) fulfills other Federal goals.
(7) Secretary
The term “Secretary” means the Secretary of the Interior.
(Pub. L. 109–451, title II, § 202, Dec. 22, 2006, 120 Stat. 3356.)
heading: References in Text
text: The Securities Act of 1933, referred to in par. (2)(A), is title I of act May 27, 1933, ch. 38, 48 Stat. 74, which is classified generally to subchapter I (§ 77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77a of Title 15 and Tables.
heading: Short Title
text: This subchapter known as the “Twenty-First Century Water Works Act”, see Short Title note set out under section 2401 of this title.
43 U.S.C. § 2422 (PUBLIC LANDS)
§ 2422. Project eligibility
(a) Eligibility criteria
(1) In general
The Secretary shall develop and publish in the Federal Register criteria for determining the eligibility of a project for financial assistance under section 2423 of this title.
(2) Inclusions
Eligibility criteria shall include—
(A) submission of an application by the lender to the Secretary;
(B) demonstration of the creditworthiness of the project, including a determination by the Secretary that any financing for the project has appropriate security features to ensure repayment;
(C) demonstration by the non-Federal borrower, to the satisfaction of the Secretary, of the ability of the non-Federal borrower to repay the project financing from user fees or other dedicated revenue sources;
(D) demonstration by the non-Federal borrower, to the satisfaction of the Secretary, of the ability of the non-Federal borrower to pay all operations, maintenance, and replacement costs of the project facilities; and
(E) such other criteria as the Secretary determines to be appropriate.
(b) Waiver
The Secretary may waive any of the criteria in subsection (a)(2) that the Secretary determines to be duplicative or rendered unnecessary because of an action already taken by the United States.
(c) Projects previously authorized
A project that was authorized for construction under Federal reclamation laws prior to December 22, 2006, shall be eligible for assistance under this subchapter, subject to the criteria established by the Secretary under subsection (a).
(d) Criteria for rural water supply projects
A rural water supply project that is determined to be feasible under section 2405 of this title is eligible for a loan guarantee under section 2423 of this title.
(Pub. L. 109–451, title II, § 203, Dec. 22, 2006, 120 Stat. 3357.)
43 U.S.C. § 2423 (PUBLIC LANDS)
§ 2423. Loan guarantees
(a) Authority
Subject to the availability of appropriations, the Secretary may make available to lenders for a project meeting the eligibility criteria established in section 2422 of this title loan guarantees to supplement private-sector or lender financing for the project.
(b) Terms and limitations
(1) In general
Loan guarantees under this section for a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements as the Secretary determines to be appropriate to protect the financial interests of the United States.
(2) Amount
Loan guarantees by the Secretary shall not exceed an amount equal to 90 percent of the cost of the project that is the subject of the loan guarantee, as estimated at the time at which the loan guarantee is issued.
(3) Interest rate
An obligation shall bear interest at a rate that does not exceed a level that the Secretary determines to be appropriate, taking into account the prevailing rate of interest in the private sector for similar loans and risks.
(4) Amortization
A loan guarantee under this section shall provide for complete amortization of the loan guarantee within not more than 40 years.
(5) Nonsubordination
An obligation shall be subject to the condition that the obligation is not subordinate to other financing.
(c) Prepayment and refinancing
Any prepayment or refinancing terms on a loan guarantee shall be negotiated between the non-Federal borrower and the lender with the consent of the Secretary.
(Pub. L. 109–451, title II, § 204, Dec. 22, 2006, 120 Stat. 3358.)
43 U.S.C. § 2425 (PUBLIC LANDS)
§ 2425. Operations, maintenance, and replacement costs
(a) In general
The non-Federal share of operations, maintenance, and replacement costs for a project receiving Federal assistance under this subchapter shall be 100 percent.
(b) Plan
On request of the non-Federal borrower, the Secretary may assist in the development of an operation, maintenance, and replacement plan to provide the necessary framework to assist the non-Federal borrower in establishing rates and fees for project beneficiaries.
(Pub. L. 109–451, title II, § 206, Dec. 22, 2006, 120 Stat. 3360.)
43 U.S.C. § 2426 (PUBLIC LANDS)
§ 2426. Title to newly constructed facilities
(a) New projects and facilities
All new projects or facilities constructed in accordance with this subchapter shall remain under the jurisdiction and control of the non-Federal borrower subject to the terms of the repayment agreement.
(b) Existing projects and facilities
Nothing in this subchapter affects the title of—
(1) reclamation projects authorized prior to December 22, 2006;
(2) works supplemental to existing reclamation projects; or
(3) works constructed to rehabilitate existing reclamation projects.
(Pub. L. 109–451, title II, § 207, Dec. 22, 2006, 120 Stat. 3360.)
43 U.S.C. § 2427 (PUBLIC LANDS)
§ 2427. Water rights
(a) In general
Nothing in this subchapter preempts or affects State water law or an interstate compact governing water.
(b) Compliance required
The Secretary shall comply with State water laws in carrying out this subchapter. Nothing in this subchapter affects or preempts State water law or an interstate compact governing water.
(Pub. L. 109–451, title II, § 208, Dec. 22, 2006, 120 Stat. 3360.)
43 U.S.C. § 2428 (PUBLIC LANDS)
§ 2428. Interagency coordination and cooperation
(a) Consultation
The Secretary shall consult with the Secretary of Agriculture before promulgating criteria with respect to financial appraisal functions and loan guarantee administration for activities carried out under this subchapter.
(b) Memorandum of agreement
The Secretary and the Secretary of Agriculture shall enter into a memorandum of agreement providing for Department of Agriculture financial appraisal functions and loan guarantee administration for activities carried out under this subchapter.
(Pub. L. 109–451, title II, § 209, Dec. 22, 2006, 120 Stat. 3360.)
43 U.S.C. § 2429 (PUBLIC LANDS)
§ 2429. Records; audits
(a) In general
A recipient of a loan guarantee shall keep such records and other pertinent documents as the Secretary shall prescribe by regulation, including such records as the Secretary may require to facilitate an effective audit.
(b) Access
The Secretary and the Comptroller General of the United States, or their duly authorized representatives, shall have access, for the purpose of audit, to the records and other pertinent documents.
(Pub. L. 109–451, title II, § 210, Dec. 22, 2006, 120 Stat. 3360.)
43 U.S.C. § 2431 (PUBLIC LANDS)
§ 2431. Report
Not later than 1 year after the date on which the eligibility criteria are published in the Federal Register under section 2422(a) of this title, and every 2 years thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that describes the implementation of the loan guarantee program under section 2423 of this title.
(Pub. L. 109–451, title II, § 212, Dec. 22, 2006, 120 Stat. 3361.)
43 U.S.C. § 2432 (PUBLIC LANDS)
§ 2432. Effect on the reclamation laws
(a) Reclamation projects
Nothing in this subchapter supersedes or amends any Federal law associated with a project, or a portion of a project, constructed under the reclamation laws.
(b) No new or supplemental benefits
Any assistance provided under this subchapter shall not—
(1) be considered to be a new or supplemental benefit for purposes of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.); or
(2) affect any contract in existence on December 22, 2006, that is executed under the reclamation laws.
(Pub. L. 109–451, title II, § 213, Dec. 22, 2006, 120 Stat. 3361.)
heading: References in Text
text: The Reclamation Reform Act of 1982, referred to in subsec. (b)(1), is title II of Pub. L. 97–293, Oct. 12, 1982, 96 Stat. 1263, which enacted subchapter I–A (§ 390aa et seq.) of chapter 12 of this title, amended sections 373a, 422e, 425b, and 485h of this title, and repealed section 383 of Title 25, Indians. For complete classification of this Act to the Code, see Tables.
43 U.S.C. § 2434 (PUBLIC LANDS)
§ 2434. Termination of authority
(a) In general
Subject to subsection (b), the authority of the Secretary to carry out this subchapter terminates on the date that is 10 years after December 22, 2006.
(b) Exception
The termination of authority under subsection (a) shall have no effect on—
(1) any loans guaranteed by the United States under this subchapter; or
(2) the administration of any loan guaranteed under this subchapter before the effective date of the termination of authority.
(Pub. L. 109–451, title II, § 215, Dec. 22, 2006, 120 Stat. 3361.)
44 U.S.C. § 102 (PUBLIC PRINTING AND DOCUMENTS)
§ 102. Joint Committee on Printing: succession; powers during recess
The members of the Joint Committee on Printing who are reelected to the succeeding Congress shall continue as members of the committee until their successors are chosen. The President of the Senate and the Speaker of the House of Representatives shall, on the last day of a Congress, appoint members of their respective Houses who have been elected to the succeeding Congress to fill vacancies which may then be about to occur on the Committee, and the appointees and members of the Committee who have been reelected shall continue until their successors are chosen.
When Congress is not in session, the Joint Committee may exercise all its powers and duties as when Congress is in session.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1238.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 2 (Mar. 2, 1895, ch. 189, § 1, 28 Stat. 962; Mar. 3, 1917, ch. 163, § 6, 39 Stat. 1121).
Changes are made in phraseology.
44 U.S.C. § 103 (PUBLIC PRINTING AND DOCUMENTS)
§ 103. Joint Committee on Printing: remedial powers
The Joint Committee on Printing may use any measures it considers necessary to remedy neglect, delay, duplication, or waste in the public printing and binding and the distribution of Government publications.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 4 (Jan. 12, 1895, ch. 23, § 2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, § 1, 34 Stat. 1012; Mar. 1, 1919, ch. 86, § 11, 40 Stat. 1270).
Only that portion of section 11 of the 1919 Act that precedes the proviso is included in this section. The balance is incorporated in section 501 of this revision.
Changes are made in phraseology.
heading: Procurement of Services of Consultants
text: Pub. L. 95–94, title I, Aug. 5, 1977, 91 Stat. 669, provided in part: “That, effective October 1, 1977, the Joint Committee is authorized (1) to procure the temporary or intermittent services of individual consultants, or organizations thereof, in the same manner and under the same conditions as a standing committee of the Senate may procure such services under subsection (i) of section 202 of the Legislative Reorganization Act of 1946, as amended [section 72a(i) of Title 2, The Congress], and (2) with the prior consent of the agency concerned, to use on a reimbursable basis the services of personnel, information, and facilities of any such agency: Provided further, That, prior to the employment of any consultants or the procurement of services by contract relative to any review and analysis of the operation of the Government Printing Office, the Joint Committee shall consult with the Legislative Branch Appropriations Subcommittees of the House and Senate; and that periodic reports on the progress of any such review and analysis be submitted to the Joint Committee on Printing and the Legislative Branch Appropriations Subcommittees of the House and Senate.”
Prior similar provisions were contained in Pub. L. 94–303, title I, June 1, 1976, 90 Stat. 616.
44 U.S.C. § 301 (PUBLIC PRINTING AND DOCUMENTS)
§ 301. Public Printer: appointment
The President of the United States shall nominate and, by and with the advice and consent of the Senate, appoint a suitable person, who must be a practical printer and versed in the art of bookbinding, to take charge of and manage the Government Printing Office. His title shall be Public Printer.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239; Pub. L. 92–310, title II, § 210(a)(1), (2), June 6, 1972, 86 Stat. 204.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 31 (Jan. 12, 1895, ch. 23, § 17, 28 Stat. 603; June 12, 1917, ch. 27, § 1, 40 Stat. 173; Feb. 20, 1923, ch. 98, 42 Stat. 1278; Mar. 4, 1925, ch. 549, § 1, 43 Stat. 1299; May 29, 1928, ch. 909, 45 Stat. 1006).
Changes are made in phraseology.
heading: Amendments
text: 1972—Pub. L. 92–310 struck out “; bond” in section catchline, and provisions from text which required the Public Printer to give a bond in the sum of $25,000.
44 U.S.C. § 302 (PUBLIC PRINTING AND DOCUMENTS)
§ 302. Deputy Public Printer: appointment; duties
The Public Printer shall appoint a suitable person, who must be a practical printer and versed in the art of bookbinding, to be the Deputy Public Printer. He shall perform the duties formerly required of the chief clerk, supervise the buildings occupied by the Government Printing Office, and perform any other duties required of him by the Public Printer.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 39 (May 27, 1908, ch. 200, § 1, 35 Stat. 382).
Phraseology is changed to conform with section 301 of this revision.
44 U.S.C. § 304 (PUBLIC PRINTING AND DOCUMENTS)
§ 304. Public Printer: vacancy in office
In case of the death, resignation, absence, or sickness of the Public Printer, the Deputy Public Printer shall perform the duties of the Public Printer until a successor is appointed or his absence or sickness ceases; but the President may direct any other officer of the Government, whose appointment is vested in the President by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the Public Printer ceases. A vacancy occasioned by death or resignation may not be filled temporarily under this section for longer than ten days, and a temporary appointment, designation, or assignment of another officer may not be made except to fill a vacancy happening during a recess of the Senate.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 32 (Jan. 12, 1895, ch. 23, § 36, 28 Stat. 606; May 27, 1908, ch. 200, § 1, 35 Stat. 382.)
44 U.S.C. § 306 (PUBLIC PRINTING AND DOCUMENTS)
§ 306. Public Printer: employment of skilled workmen; trial of skill
The Public Printer shall employ workmen who are thoroughly skilled in their respective branches of industry, as shown by trial of their skill under his direction.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1240.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 41 (Jan. 12, 1895, ch. 23, § 45, 28 Stat. 607).
44 U.S.C. § 307 (PUBLIC PRINTING AND DOCUMENTS)
§ 307. Public Printer: night work
The Public Printer shall cause the public printing in the Government Printing Office to be done at night as well as through the day, when the exigencies of the public service require it.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1240.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 42 (Jan. 12, 1895, ch. 23, § 47, 28 Stat. 607).