dreamproit/uscode huggingface dataset:
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
heading: Definitions
text: The definitions in section 371 of this title apply to this section.
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: Editorial Notes
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. § 505a (PUBLIC LANDS)
§ 505a. Definitions
In sections 505a to 505a–2 of this title:
(1) Asset
(A) In general
The term “asset” means any of the following assets that are used to achieve the mission of the Bureau to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the United States:
(i) Capitalized facilities, buildings, structures, project features, power production equipment, recreation facilities, or quarters.
(ii) Capitalized and noncapitalized heavy equipment and other installed equipment.
(B) Inclusions
The term “asset” includes assets described in subparagraph (A) that are considered to be mission critical.
(2) Asset Management Report
The term “Asset Management Report” means—
(A) the annual plan prepared by the Bureau known as the “Asset Management Plan”; and
(B) any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau to evaluate and manage infrastructure assets of the Bureau.
(3) Major repair and rehabilitation need
The term “major repair and rehabilitation need” means major nonrecurring maintenance at a Reclamation facility, including maintenance related to the safety of dams, extraordinary maintenance of dams, deferred major maintenance activities, and all other significant repairs and extraordinary maintenance.
(Pub. L. 116–9, title VIII, § 8601, Mar. 12, 2019, 133 Stat. 827.)
heading: Editorial Notes
heading: References in Text
text: Sections 505a to 505a–2 of this title, referred to in text, was in the original “this part”, which was translated as reading “this subtitle”, meaning subtitle G of title VIII of Pub. L. 116–9, which is classified generally to sections 505a to 505a–2 of this title, to reflect the probable intent of Congress. Subtitle G of title VIII of Pub. L. 116–9 does not contain parts.
43 U.S.C. § 505a–2 (PUBLIC LANDS)
§ 505a–2. Asset Management Report enhancements for transferred works
(a) In general
The Secretary shall coordinate with the non-Federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for Asset Management Reports with respect to major repair and rehabilitation needs for transferred works that are similar to the reporting requirements described in section 505a–1(b) of this title.
(b) Guidance
(1) In general
After considering input from water and power contractors of the Bureau, the Secretary shall develop and implement a rating system for transferred works that incorporates, to the maximum extent practicable, the rating system for major repair and rehabilitation needs for reserved works developed under section 505a–1(b)(3) of this title.
(2) Updates
The ratings system developed under paragraph (1) shall be included in the updated Asset Management Reports under section 505a–1(c) of this title.
(Pub. L. 116–9, title VIII, § 8603, Mar. 12, 2019, 133 Stat. 828.)
heading: Statutory Notes and Related Subsidiaries
heading: Definition of “Secretary”
text: Secretary means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under section 1 of Title 16, Conservation.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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
Except as provided in section 509b of this title, 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; Pub. L. 114–113, div. D, title II, § 203(1), Dec. 18, 2015, 129 Stat. 2406.)
heading: Editorial Notes
heading: Amendments
text: 2015—Pub. L. 114–113 substituted “Except as provided in section 509b of this title, construction” for “Construction”.
43 U.S.C. § 509b (PUBLIC LANDS)
§ 509b. Additional project benefits through the construction of new or supplementary works
Notwithstanding section 507 of this title, if the Secretary, in her judgment, determines that additional project benefits, including but not limited to additional conservation storage capacity, are necessary and in the interests of the United States and the project and are feasible and not inconsistent with the purposes of this subchapter, the Secretary is authorized to develop additional project benefits through the construction of new or supplementary works on a project in conjunction with the Secretary’s activities under section 506 of this title and subject to the conditions described in the feasibility study, provided a cost share agreement related to the additional project benefits is reached among non-Federal and Federal funding participants and the costs associated with developing the additional project benefits are allocated exclusively among beneficiaries of the additional project benefits and repaid consistent with all provisions of Federal Reclamation law (the Act of June 17, 1902, 43 U.S.C. 371 et seq.) and acts supplemental to and amendatory of that Act.
(Pub. L. 95–578, § 5B, as added Pub. L. 114–113, div. D, title II, § 203(2), Dec. 18, 2015, 129 Stat. 2406.)
heading: Editorial Notes
heading: References in Text
text: 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. § 510 (PUBLIC LANDS)
§ 510. Definitions
In this subchapter:
(1) Inspection
The term “inspection” means an inspection of a project facility carried out by the Secretary—
(A) to assess and determine the general condition of the project facility; and
(B) to estimate the value of property, and the size of the population, that would be at risk if the project facility fails, is breached, or otherwise allows flooding to occur.
(2) Project facility
The term “project facility” means any part or incidental feature of a project, excluding high- and significant-hazard dams, constructed under the Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.) 1.
(3) Reserved works
The term “reserved works” mean 2 any project facility at which the Secretary carries out the operation and maintenance of the project facility.
(4) Secretary
The term “Secretary” means the Secretary of the Interior, acting through the Commissioner of Reclamation.
(5) Transferred works
The term “transferred works” means a project facility, the operation and maintenance of which is carried out by a non-Federal entity, under the provisions of a formal operation and maintenance transfer contract.
(6) Transferred works operating entity
The term “transferred works operating entity” means the organization which is contractually responsible for operation and maintenance of transferred works.
(7) Extraordinary operation and maintenance work
The term “extraordinary operation and maintenance work” means major, nonrecurring maintenance to Reclamation-owned or operated facilities, or facility components, that is—
(A) intended to ensure the continued safe, dependable, and reliable delivery of authorized project benefits; and
(B) greater than 10 percent of the contractor’s or the transferred works operating entity’s annual operation and maintenance budget for the facility, or greater than $100,000.
(Pub. L. 111–11, title IX, § 9601, Mar. 30, 2009, 123 Stat. 1346.)
heading: Editorial Notes
heading: References in Text
text: Act of June 17, 1902 (32 Stat. 388, chapter 1093), referred to in par. (2), is popularly known as the Reclamation Act and is classified generally to chapter 12 (§ 371 et seq.) of this title. 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. § 510c (PUBLIC LANDS)
§ 510c. Relationship to Twenty-First Century Water Works Act
Nothing in this subchapter shall preclude a transferred works operating entity from applying and receiving a loan-guarantee pursuant to the Twenty-First Century Water Works Act [43 U.S.C. 2421 et seq].
(Pub. L. 111–11, title IX, § 9604, Mar. 30, 2009, 123 Stat. 1349.)
heading: Editorial Notes
heading: References in Text
text: The Twenty-First Century Water Works Act, referred to in text, is title II of Pub. L. 109–451, Dec. 22, 2006, 120 Stat. 3356, which is classified generally to subchapter II (§ 2421 et seq.) of chapter 42 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2401 of this title and Tables.