CHAPTER 12 —RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER I–A—RECLAMATION REFORM
SUBCHAPTER II—RECLAMATION FUND GENERALLY
SUBCHAPTER II–A—RECLAMATION WATER SETTLEMENTS FUND
SUBCHAPTER III—INSTITUTION AND CONSTRUCTION OF PROJECTS
SUBCHAPTER IV—CONSTRUCTION OF SMALL PROJECTS
SUBCHAPTER V—ADMINISTRATION OF EXISTING PROJECTS
SUBCHAPTER VI—WATER RIGHT APPLICATIONS AND LAND ENTRIES
SUBCHAPTER VII—EXCHANGE AND AMENDMENT OF FARM UNITS
SUBCHAPTER VIII—TAXATION
SUBCHAPTER IX—CONSTRUCTION CHARGES
SUBCHAPTER X—PAYMENT OF CONSTRUCTION CHARGES
SUBCHAPTER XI—MAINTENANCE AND OPERATION OF WORKS GENERALLY
SUBCHAPTER XI–A—RECLAMATION SAFETY OF DAMS
SUBCHAPTER XI–B—AGING INFRASTRUCTURE
SUBCHAPTER XII—CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR PAYMENT OF CHARGES
SUBCHAPTER XIII—SALE OR LEASE OF SURPLUS WATERS, WATER POWER, STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES
SUBCHAPTER XIV—PATENTS AND FINAL WATER-RIGHT CERTIFICATES
SUBCHAPTER XV—TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES
SUBCHAPTER XVI—REFUNDS TO WAR VETERANS
SUBCHAPTER XVII—LEGISLATION APPLICABLE TO PARTICULAR PROJECTS GENERALLY
SUBCHAPTER XVIII—CIBOLO PROJECT, TEXAS
SUBCHAPTER XIX—NUECES RIVER PROJECT, TEXAS
SUBCHAPTER XX—KLAMATH PROJECT, OREGON-CALIFORNIA
SUBCHAPTER XXI—GILA PROJECT, ARIZONA
SUBCHAPTER XXII—WASHOE PROJECT, NEVADA-CALIFORNIA
SUBCHAPTER XXIII—WASHITA RIVER BASIN PROJECT, OKLAHOMA
SUBCHAPTER XXIV—CROOKED RIVER PROJECT, OREGON
SUBCHAPTER XXV—LITTLE WOOD RIVER PROJECT, IDAHO
SUBCHAPTER XXVI—SAN ANGELO PROJECT, TEXAS
SUBCHAPTER XXVII—SPOKANE VALLEY PROJECT, WASHINGTON AND IDAHO
SUBCHAPTER XXVIII—DALLAS PROJECT, OREGON
SUBCHAPTER XXIX—NORMAN PROJECT, OKLAHOMA
SUBCHAPTER XXX—NAVAJO IRRIGATION PROJECT, NEW MEXICO; SAN JUAN-CHAMA PROJECT, COLORADO-NEW MEXICO
SUBCHAPTER XXXI—CLOSED BASIN DIVISION; SAN LUIS VALLEY PROJECT, COLORADO
SUBCHAPTER XXXII—BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO
SUBCHAPTER XXXIII—SALMON FALLS DIVISION, UPPER SNAKE RIVER PROJECT, IDAHO
SUBCHAPTER XXXIV—O'NEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA
SUBCHAPTER XXXV—NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA
SUBCHAPTER XXXVI—POLECAT BENCH AREA, SHOSHONE EXTENSIONS UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, WYOMING
SUBCHAPTER XXXVII—POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, SOUTH DAKOTA
SUBCHAPTER XXXVIII—FRYINGPAN-ARKANSAS PROJECT, COLORADO
SUBCHAPTER XXXIX—MANN CREEK PROJECT, IDAHO
SUBCHAPTER XL—ARBUCKLE PROJECT, OKLAHOMA
SUBCHAPTER XLI—BAKER PROJECT, OREGON
SUBCHAPTER XLII—DIXIE PROJECT, UTAH
SUBCHAPTER XLIII—SAVERY-POT HOOK PROJECT, COLORADO-WYOMING; BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLORADO
SUBCHAPTER XLIV—LOWER TETON DIVISION OF TETON BASIN PROJECT, IDAHO
SUBCHAPTER XLV—WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT, WASHINGTON
SUBCHAPTER XLVI—McKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON
SUBCHAPTER XLVII—AUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION: CENTRAL VALLEY PROJECT, CALIFORNIA
SUBCHAPTER XLVIII—SOUTHERN NEVADA PROJECT, NEVADA
SUBCHAPTER XLIX—TUALATIN PROJECT, OREGON
SUBCHAPTER L—MISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA
SUBCHAPTER LI—MOUNTAIN PARK PROJECT, OKLAHOMA
SUBCHAPTER LII—PALMETTO BEND PROJECT, TEXAS
SUBCHAPTER LIII—MERLIN DIVISION; ROGUE RIVER BASIN PROJECT, OREGON
SUBCHAPTER LIV—TOUCHET DIVISION; WALLA WALLA PROJECT, OREGON-WASHINGTON
SUBCHAPTER I—GENERAL PROVISIONS
§371. Definitions
When used in
(a) The word "Secretary" means the Secretary of the Interior.
(b) The words "reclamation law" mean the Act of June 17, 1902 (
(c) The words "reclamation fund" mean the fund provided by the reclamation law.
(d) The word "project" means a Federal irrigation project authorized by the reclamation law.
(e) The words "division of a project" mean a substantial irrigable area of a project designated as a division by order of the Secretary.
(Dec. 5, 1924, ch. 4, §4, subsec. A,
Editorial Notes
References in Text
Act June 17, 1902, referred to in par. (b), is popularly known as the Reclamation Act or National Irrigation Act of 1902, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.
Statutory Notes and Related Subsidiaries
Short Title of 2015 Amendment
Short Title of 2009 Amendment
Short Title of 1992 Amendment
Short Title of 1984 Amendments
For short title of
For short title of
Short Title of 1978 Amendment
For short title of
Short Title of 1958 Amendment
For short title of title III of
Short Title
Act June 17, 1902, ch. 1093,
Act Dec. 5, 1924, ch. 4, §4,
Western Water Policy Review
"SEC. 3001. SHORT TITLE.
"This title may be cited as the 'Western Water Policy Review Act of 1992'.
"SEC. 3002. CONGRESSIONAL FINDINGS.
"The Congress finds that—
"(1) the Nation needs an adequate water supply for all states [States] at a reasonable cost;
"(2) the demands on the Nation's finite water supply are increasing;
"(3) coordination on both the Federal level and the local level is needed to achieve water policy objectives;
"(4) not less than fourteen agencies of the Federal Government are currently charged with functions relating to the oversight of water policy;
"(5) the diverse authority over Federal water policy has resulted in unclear goals and an inefficient handling of the Nation's water policy;
"(6) the conflict between competing goals and objectives by Federal, State, and local agencies as well as by private water users is particularly acute in the nineteen Western States which have arid climates which include the seventeen reclamation States, Hawaii, and Alaska;
"(7) the appropriations doctrine of water allocation which characterizes most western water management regimes varies from State to State, and results in many instances in increased competition for limited resources;
"(8) the Federal Government has recognized and continues to recognize the primary jurisdiction of the several States over the allocation, priority, and use of water resources of the States, except to the extent such jurisdiction has been preempted in whole or in part by the Federal Government, including, but not limited to, express or implied Federal reserved water rights either for itself or for the benefit of Indian Tribes, and that the Federal Government will, in exercising its authorities, comply with applicable State laws;
"(9) the Federal Government recognizes its trust responsibilities to protect Indian water rights and assist Tribes in the wise use of those resources;
"(10) Federal agencies, such as the Bureau of Reclamation, have had, and will continue to have major responsibilities in assisting States in the wise management and allocation of scarce water resources; and
"(11) the Secretary of the Interior, given his responsibilities for management of public land, trust responsibilities for Indians, administration of the reclamation program, investigations and reviews into ground water resources through the Geologic Survey [now United States Geological Survey], and the Secretary of the Army, given his responsibilities for flood control, water supply, hydroelectric power, recreation, and fish and wildlife enhancement, have the resources to assist in a comprehensive review, in consultation with appropriate officials from the nineteen Western States, into the problems and potential solutions facing the nineteen Western States and the Federal Government in the increasing competition for the scarce water resources of the Western States.
"SEC. 3003. PRESIDENTIAL REVIEW.
"(a) The President is directed to undertake a comprehensive review of Federal activities in the nineteen Western States which directly or indirectly affect the allocation and use of water resources, whether surface or subsurface, and to submit a report on the President's findings, together with recommendations, if any, to the Committees on Energy and Natural Resources, Environment and Public Works and Appropriations of the Senate and the Committees on Natural Resources, Public Works and Transportation [now Transportation and Infrastructure], Merchant Marine and Fisheries and Appropriations of the House of Representatives.
"(b) Such report shall be submitted within three years from the date of enactment of this Act [Oct. 30, 1992].
"(c) In conducting the review and preparing the report, the President is directed to consult with the Advisory Commission established under
"(d) The President shall consult periodically with the Commission, and upon the request of the President, the heads of other Federal agencies are directed to cooperate with and assist the Commission in its activities.
"SEC. 3004. THE ADVISORY COMMISSION.
"(a) The President shall appoint an Advisory Commission (hereafter in this title referred to as the 'Commission') to assist in the preparation and review of the report required under this title.
"(b) The Commission shall be composed of eighteen members as follows:
"(1) Ten members appointed by the President including:
"(A) the Secretary of the Interior or his designee;
"(B) the Secretary of the Army or his designee;
"(C) at least one representative chosen from a list submitted by the Western Governors Association; and
"(D) at least one representative chosen from a list submitted by Tribal governments located in the Western States.
"(2) In addition to the ten members appointed by the President, twelve Members from the United States Congress shall serve as ex officio members of the Commission. For the United States Senate: the Chairmen and the Ranking Minority Members of the Committees on Energy and Natural Resources, and Appropriations, and the Subcommittee of the Committee on Energy and Natural Resources which has jurisdiction over the Bureau of Reclamation. For the United States House of Representatives: the Chairman [Chairmen] and Ranking Minority Members of the Committees on Natural Resources, Public Works and Transportation [now Transportation and Infrastructure], and Appropriations.
"(c) The President shall appoint one member of the Commission to serve as Chairman.
"(d) Any vacancy which may occur on the Commission shall be filled in the same manner in which the original appointment was made.
"(e) Members of the Commission shall serve without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties.
"SEC. 3005. DUTIES OF THE COMMISSION.
"The Commission shall—
"(1) review present and anticipated water resource problems affecting the nineteen Western States, making such projections of water supply requirements as may be necessary and identifying alternative ways of meeting these requirements—giving considerations, among other things, to conservation and more efficient use of existing supplies, innovations to encourage the most beneficial use of water and recent technological advances;
"(2) examine the current and proposed Federal programs affecting such States and recommend to the President whether they should be continued or adopted and, if so, how they should be managed for the next twenty years, including the possible reorganization or consolidation of the current water resources development and management agencies;
"(3) review the problems of rural communities relating to water supply, potable water treatment, and wastewater treatment;
"(4) review the need and opportunities for additional storage or other arrangements to augment existing water supplies including, but not limited to, conservation;
"(5) review the history, use, and effectiveness of various institutional arrangements to address problems of water allocation, water quality, planning, flood control and other aspects of water development and use, including, but not limited to, interstate water compacts, Federal-State regional corporations, river basin commissions, the activities of the Water Resources Council, municipal and irrigation districts and other similar entities with specific attention to the authorities of the Bureau of Reclamation under reclamation law and the Secretary of the Army under water resources law;
"(6) review the legal regime governing the development and use of water and the respective roles of both the Federal Government and the States over the allocation and use of water, including an examination of riparian zones, appropriation and mixed systems, market transfers, administrative allocations, ground water management, interbasin transfers, recordation of rights, Federal-State relations including the various doctrines of Federal reserved water rights (including Indian water rights and the development in several States of the concept of a public trust doctrine); and
"(7) review the activities, authorities, and responsibilities of the various Federal agencies with direct water resources management responsibility, including but not limited to the Bureau of Reclamation, the Department of the Army, and those agencies whose decisions would impact on water resource availability and allocation, including, but not limited to, the Federal Energy Regulatory Commission.
"SEC. 3006. REPRESENTATIVES.
"(a) The Chairman of the Commission shall invite the Governor of each Western State to designate a representative to work closely with the Commission and its staff in matters pertaining to this title.
"(b) The Commission, at its discretion, may invite appropriate public or private interest groups including, but not limited to, Indian and Tribal organizations to designate a representative to work closely with the Commission and its staff in matters pertaining to this title.
"SEC. 3007. POWERS OF THE COMMISSION.
"(a) The Commission may—
"(1) hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as it may deem advisable;
"(2) use the United States mail in the same manner and upon the same conditions as other departments and agencies of the United States;
"(3) enter into contracts or agreements for studies and surveys with public and private organizations and transfer funds to Federal agencies to carry out such aspects of the Commission's functions as the Commission determines can best be carried out in that manner; and
"(4) incur such necessary expenses and exercise such other powers as are consistent with and reasonably required to perform its functions under this title.
"(b) Any member of the Commission is authorized to administer oaths when it is determined by a majority of the Commission that testimony shall be taken or evidence received under oath.
"(c) The Commission shall have a Director who shall be appointed by the Commission and who shall be paid at a rate not to exceed the maximum rate of basic pay payable for level II of the Executive Schedule.
"(1) With the approval of the Commission, the Director may appoint and fix the pay of such personnel as the Director considers appropriate but only to the extent that such personnel cannot be obtained from the Secretary of the Interior or by detail from other Federal agencies. Such personnel may be appointed without regard to the provisions of
"(2) With the approval of the Commission, the Director may procure temporary and intermittent services under
"(d) The Secretary of the Interior and the Secretary of the Army shall provide such office space, furnishings and equipment as may be required to enable the Commission to perform its functions. The Secretary shall also furnish the Commission with such staff, including clerical support, as the Commission may require.
"SEC. 3008. POWERS AND DUTIES OF THE CHAIRMAN.
"(a) Subject to general policies adopted by the Commission, the Chairman shall be the chief executive of the Commission and shall exercise its executive and administrative powers as set forth in paragraphs (2) through (4) of section 3007(a).
"(b) The Chairman may make such provisions as he shall deem appropriate authorizing the performance of any of his executive and administrative functions by the Director or other personnel of the Commission.
"SEC. 3009. OTHER FEDERAL AGENCIES.
"(a) The Commission shall, to the extent practicable, utilize the services of the Federal water resource agencies.
"(b) Upon request of the Commission, the President may direct the head of any other Federal department or agency to assist the Commission and such head of any Federal department or agency is authorized—
"(1) to furnish to the Commission, to the extent permitted by law and within the limits of available funds, including funds transferred for that purpose pursuant to
"(2) to detail to temporary duty with the Commission on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status.
"(c) Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel, and procurement) shall be provided the Commission by the Secretary of the Interior.
"SEC. 3010. APPROPRIATIONS.
"There are hereby authorized to be appropriated not to exceed $10,000,000 to carry out the purposes of
[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
[Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of references to Committee on Merchant Marine and Fisheries, see section 1(b)(3) of
§372. Water right as appurtenant to land and extent of right
The right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right.
(June 17, 1902, ch. 1093, §8,
Editorial Notes
References in 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
Codification
Section is comprised of the proviso in section 8 of act June 17, 1902. Remainder of section 8 is classified to
Statutory Notes and Related Subsidiaries
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see
§373. General authority of Secretary of the Interior
The Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying out the provisions of this Act into full force and effect.
(June 17, 1902, ch. 1093, §10,
Editorial Notes
References in Text
This Act, referred to in text, refers both to act June 17, 1902, popularly known as the Reclamation Act, and to act Aug. 13, 1914. See Codification note set out below. For classification of act June 17, 1902 to the Code, see Short Title note set out under
Codification
Act Aug. 13, 1914, cited as a credit to this section, did not amend act July 17, 1902, but contained identical provisions.
Statutory Notes and Related Subsidiaries
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see
§373a. Commissioner of Reclamation; appointment
Under the supervision and direction of the Secretary of the Interior, the reclamation of arid lands, under the Act of June 17, 1902, and Acts amendatory thereof and supplementary thereto, shall be administered by a Commissioner of Reclamation who shall be appointed by the President by and with the advice and consent of the Senate.
(May 26, 1926, ch. 401,
Editorial Notes
References in Text
Act of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093,
Codification
Provisions of this section which prescribed the basic compensation of Commissioner were omitted to conform to the provisions of the Executive Schedule. See
Amendments
1982—
Statutory Notes and Related Subsidiaries
Use of Private Sector
Compensation of Commissioner
Compensation of Commissioner, see
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§373a–1. Repealed. Pub. L. 88–426, title III, §305(35), Aug. 14, 1964, 78 Stat. 426
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective on first day of first pay period which begins on or after July 1, 1964, see section 501 of
§373b. Law enforcement authority at Bureau of Reclamation facilities
(a) Public safety regulations
The Secretary of the Interior shall issue regulations necessary to maintain law and order and protect persons and property within Reclamation projects and on Reclamation lands.
(b) Violations; criminal penalties
Any person who knowingly and willfully violates any regulation issued under subsection (a) shall be fined under
(c) Authorization of law enforcement officers
The Secretary of the Interior may—
(1) authorize law enforcement personnel from the Department of the Interior to act as law enforcement officers to enforce Federal laws and regulations within a Reclamation project or on Reclamation lands;
(2) authorize law enforcement personnel of any other Federal agency that has law enforcement authority (with the exception of the Department of Defense) or law enforcement personnel of any State or local government, including an Indian tribe, when deemed economical and in the public interest, through cooperative agreement or contract, to act as law enforcement officers to enforce Federal laws and regulations within a Reclamation project or on Reclamation lands with such enforcement powers as may be so assigned to them by the Secretary;
(3) cooperate with any State or local government, including an Indian tribe, in the enforcement of the laws or ordinances of that State or local government; and
(4) provide reimbursement to a State or local government, including an Indian tribe, for expenditures incurred in connection with activities under paragraph (2).
(d) Powers of law enforcement officers
A law enforcement officer authorized by the Secretary of the Interior under subsection (c) may—
(1) carry firearms within a Reclamation project or on Reclamation lands;
(2) make arrests without warrants for—
(A) any offense against the United States committed in his presence; or
(B) any felony cognizable under the laws of the United States if he has—
(i) reasonable grounds to believe that the person to be arrested has committed or is committing such a felony; and
(ii) such arrest occurs within a Reclamation project or on Reclamation lands or the person to be arrested is fleeing therefrom to avoid arrest;
(3) execute within a Reclamation project or on Reclamation lands any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law for any offense committed within a Reclamation project or on Reclamation lands; and
(4) conduct investigations within a Reclamation project or on Reclamation lands of offenses against the United States committed within a Reclamation project or on Reclamation lands if the Federal law enforcement agency having investigative jurisdiction over the offense committed declines to investigate the offense.
(e) Legal status of State or local law enforcement officers
(1) State or local officers not Federal employees
Except as otherwise provided in this section, a law enforcement officer of any State or local government, including an Indian tribe, authorized to act as a law enforcement officer under subsection (c) shall not be deemed to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, employment discrimination, leave, unemployment compensation, and Federal benefits.
(2) Application of Federal Tort Claims Act
For purposes of
(3) Availability of workers compensation
For purposes of subchapter I of
(f) Concurrent jurisdiction
Nothing in this section shall be construed or applied to limit or restrict the investigative jurisdiction of any Federal law enforcement agency, or to affect any existing right of a State or local government, including an Indian tribe, to exercise civil and criminal jurisdiction within a Reclamation project or on Reclamation lands.
(g) Regulations
Except for the authority provided in section 2(c)(1),1 the law enforcement authorities provided for in this section may be exercised only pursuant to regulations issued by the Secretary of the Interior and approved by the Attorney General.
(
1 So in original. Probably should be "subsection (c)(1)".
§373c. Definitions
In this section and
(1) Law enforcement personnel
The term "law enforcement personnel" means an employee of a Federal, State, or local government agency, including an Indian tribal agency, who has successfully completed law enforcement training approved by the Secretary and is authorized to carry firearms, make arrests, and execute service of process to enforce criminal laws of his or her employing jurisdiction.
(2) Reclamation project; reclamation lands
The terms "Reclamation project" and "Reclamation lands" have the meaning given such terms in
(
§373d. Grants and cooperative agreements with Indian tribes and organizations
In order to increase opportunities for Indian tribes to develop, manage, and protect their water resources, in fiscal year 2003 and thereafter, the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, is authorized to enter into grants and cooperative agreements with any Indian tribe, institution of higher education, national Indian organization, or tribal organization pursuant to
(
Editorial Notes
References in Text
This Act, referred to in text, means div. D of
The Indian Self-Determination Act, referred to in text, is title I of
Statutory Notes and Related Subsidiaries
Similar Provisions
Provisions similar to those in this section were contained in the following appropriation act:
§373e. Bureau of Reclamation site security
(a) Treatment of capital costs
Costs incurred by the Secretary of the Interior for the physical fortification of Bureau of Reclamation facilities to satisfy increased post-September 11, 2001, security needs, including the construction, modification, upgrade, or replacement of such facility fortifications, shall be nonreimbursable.
(b) Treatment of security-related operation and maintenance costs
(1) Reimbursable costs
The Secretary of the Interior shall include no more than $18,900,000 per fiscal year, indexed each fiscal year after fiscal year 2008 according to the preceding year's Consumer Price Index, of those costs incurred for increased levels of guards and patrols, training, patrols by local and tribal law enforcement entities, operation, maintenance, and replacement of guard and response force equipment, and operation and maintenance of facility fortifications at Bureau of Reclamation facilities after the events of September 11, 2001, as reimbursable operation and maintenance costs under Reclamation law.
(2) Costs collected through water rates
In the case of the Central Valley Project of California, site security costs allocated to irrigation and municipal and industrial water service in accordance with this section shall be collected by the Secretary exclusively through inclusion of these costs in the operation and maintenance water rates.
(c) Transparency and report to Congress
(1) Policies and procedures
The Secretary is authorized to develop policies and procedures with project beneficiaries, consistent with the requirements of paragraphs (2) and (3), to provide for the payment of the reimbursable costs described in subsection (b).
(2) Notice
On identifying a Bureau of Reclamation facility for a site security measure, the Secretary shall provide to the project beneficiaries written notice—
(A) describing the need for the site security measure and the process for identifying and implementing the site security measure; and
(B) summarizing the administrative and legal requirements relating to the site security measure.
(3) Consultation
The Secretary shall—
(A) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the site security measure; and
(B) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in subparagraph (A).
(4) Response; notice
Before incurring costs pursuant to activities described in subsection (b), the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on such activities. The Secretary shall provide to the project beneficiary—
(A) a timely written response describing proposed actions, if any, to address the recommendation; and
(B) notice regarding the costs and status of such activities on a periodic basis.
(5) Report
The Secretary shall report annually to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate on site security actions and activities undertaken pursuant to this Act for each fiscal year. The report shall include a summary of Federal and non-Federal expenditures for the fiscal year and information relating to a 5-year planning horizon for the program, detailed to show pre-September 11, 2001, and post-September 11, 2001, costs for the site security activities.
(d) Pre-September 11, 2001 security cost levels
Reclamation project security costs at the levels of activity that existed prior to September 11, 2001, shall remain reimbursable.
(
Editorial Notes
References in Text
This Act, referred to in subsec. (c)(5), means
§373f. Partnerships, grants, and cooperative agreements with local joint powers authorities
The Secretary may hereafter partner, provide a grant to, or enter into a cooperative agreement with local joint powers authorities formed pursuant to State law by irrigation districts and other local water districts and local governments, to advance planning and feasibility studies authorized by Congress for water storage project: Provided, That the Secretary shall ensure that all documents associated with the preparation of planning and feasibility studies and applicable environmental reviews under the National Environmental Policy Act [
(
Editorial Notes
References in Text
The National Environmental Policy Act, referred to in text, probably means the National Environmental Policy Act of 1969,
§374. Sale of lands acquired in connection with irrigation project
Whenever in the opinion of the Secretary of the Interior any lands which have been acquired under the provisions of the Act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), commonly called the "reclamation Act," or under the provisions of any Act amendatory thereof or supplementary thereto, for any irrigation works contemplated by said reclamation Act are not needed for the purposes for which they were acquired, said Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons, to be appointed by him, and thereafter to sell the same for not less than the appraised value at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land.
Upon payment of the purchase price, the Secretary of the Interior is authorized by appropriate deed to convey all the right, title, and interest of the United States of, in, and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person.
The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been acquired.
(Feb. 2, 1911, ch. 32, §§1–3,
Editorial Notes
References in Text
Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093,
§375. Sale of land improved at expense of reclamation fund
Whenever in the opinion of the Secretary of the Interior any public lands which have been withdrawn for or in connection with construction or operation of reclamation projects under the provisions of the Act of June 17, 1902, known as the Reclamation Act 1 and Acts amendatory thereof and supplementary thereto, which are not otherwise reserved and which have been improved by and at the expense of the reclamation fund for administration or other like purposes, are no longer needed for the purposes for which they were withdrawn and improved, the Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons to be appointed by him, and thereafter sell the same, for not less than the appraised value, at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land; not less than one-fifth the purchase price shall be paid at the time of sale, and the remainder in not more than four annual payments with interest at 6 per centum per annum, payable annually, on deferred payments.
Upon payment of the purchase price the Secretary of the Interior is authorized, by appropriate patent, to convey all the right, title, and interest of the United States in and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person, and if said lands are irrigable under the project in which located they shall be sold subject to compliance by the purchaser with all the terms, conditions, and limitations of the reclamation law applicable to lands of that character: Provided, That the accepted bidder must, prior to issuance of patent, furnish satisfactory evidence that he or she is a citizen of the United States.
The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been withdrawn.
(May 20, 1920, ch. 192, §§1–3,
Editorial Notes
References in Text
Act of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093,
1 So in original. Probably should be followed by a comma.
§375a. Sale under sections 374 and 375 of lands appraised at not exceeding $300
The Secretary in his discretion, in any instances where property to be sold under
(Aug. 4, 1939, ch. 418, §11,
Editorial Notes
Codification
Section was enacted as part of the Reclamation Project Act of 1939. See
Statutory Notes and Related Subsidiaries
Definitions
The definitions in
§375b. Disposal of tracts too small to be classed farm units
In accordance with the provisions of
(Mar. 31, 1950, ch. 78, §1,
Editorial Notes
References in 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
§375c. Sales of small tracts to resident farm owners and entrymen; price; terms; acreage purchasable
The Secretary is authorized to sell such land to resident farm owners or resident entrymen, on the project upon which such land is located, at prices not less than that fixed by independent appraisal approved by the Secretary, and upon such terms and at private sale or at public auction as he may prescribe: Provided, That such resident farm landowner or resident entryman shall be permitted to purchase under
(Mar. 31, 1950, ch. 78, §2,
§375d. Issuance of patent for small tracts; reservations
After the purchaser has paid to the United States all the amount on the purchase price of such land, a patent shall be issued. Such patents shall contain a reservation of a lien for water charges when deemed appropriate by the Secretary, and reservations of coal or other mineral rights to the same extent as patents issued under the homestead laws and also other reservations, limitations, or conditions as now provided by law.
(Mar. 31, 1950, ch. 78, §3,
§375e. Moneys from sale of small tracts covered into reclamation fund; credit
The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project on which such lands are located.
(Mar. 31, 1950, ch. 78, §4,
§375f. Rules and regulations
The Secretary of the Interior is authorized to perform any and all acts and to make rules and regulations necessary and proper for carrying out the purposes of
(Mar. 31, 1950, ch. 78, §5,
§376. Return of land donations not needed
Where real property or any interest therein heretofore has been, or hereafter shall be, donated and conveyed to the United States for use in connection with a project, and the Secretary decides not to utilize the donation, he is authorized without charge to reconvey such property or any part thereof to the donating grantor, or to the heirs, successors, or assigns of such grantor.
(Dec. 5, 1924, ch. 4, §4, subsec. Q,
Statutory Notes and Related Subsidiaries
Definitions
The definitions in
§377. General expenses of Bureau of Reclamation chargeable to general reclamation fund
The cost and expense after June 30, 1945, of the office of the Commissioner in the District of Columbia, and, except for such cost and expense as are incurred on behalf of specific projects, of general investigations and of nonproject offices outside the District of Columbia, shall be charged to the reclamation fund and shall not be charged as a part of the reimbursable construction or operation and maintenance costs.
(Dec. 5, 1924, ch. 4, §4, subsec. O,
Editorial Notes
Amendments
1945—Act Apr. 19, 1945, amended section generally and made it applicable after June 30, 1945.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§377a. Limitation on use of funds where organizations or individuals are in arrears on contract charges
No funds appropriated to the Bureau of Reclamation for operation and maintenance in this Act or in subsequent Energy and Water Development Appropriations Acts, except those derived from advances by water users, shall on and after October 2, 1992, be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users' organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation.
(
Editorial Notes
Codification
Section is from the appropriation act cited as the credit to this section.
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation acts:
July 2, 1956, ch. 490, title II,
July 15, 1955, ch. 370, title II,
July 1, 1954, ch. 446, title I,
July 31, 1953, ch. 298, title I,
July 9, 1952, ch. 597, title I,
Aug. 31, 1951, ch. 375, title I,
Sept. 6, 1950, ch. 896, Ch. VII, title I,
§377b. Availability of appropriations for Bureau of Reclamation
Appropriations for the Bureau of Reclamation in this Act or in subsequent Energy and Water Development Appropriations Acts shall on and after October 2, 1992, be available for payment of claims for damages to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation, not to exceed $5,000,000 for each causal event giving rise to a claim or claims; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiations and administration of interstate compacts without reimbursement or return under the reclamation laws; services as authorized by
Sums appropriated in this Act or in subsequent Energy and Water Development Appropriations Acts which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law.
No part of any appropriation for the Bureau of Reclamation, contained in this Act, in any prior Act, or in subsequent Energy and Water Development Appropriations Acts which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of
None of the funds made available by this or any other Act or by any subsequent Act shall on and after October 2, 1992, be used by the Bureau of Reclamation for contracts for surveying and mapping services unless such contracts for which a solicitation is issued after the date of this Act 2 are awarded in accordance with title IX of the Federal Property and Administrative Service 3 Act of 1949.2
(
Editorial Notes
References in Text
The Interior Department Appropriations Act 1945, referred to in text, is act June 28, 1944, ch. 298,
Act of April 19, 1945 (
The date of this Act, referred to in text, probably means the date of enactment of
The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288,
Codification
Section is comprised of the second, third, fourth, and sixth undesignated pars. under headings "
Amendments
2014—
2003—
Statutory Notes and Related Subsidiaries
Operations and Maintenance Costs of Certain Bureau of Reclamation Dams and Dikes
"(a)
"(b)
"(1) that is owned by the Bureau of Reclamation on the date of enactment of this section [Oct. 23, 2018];
"(2) the construction of which was completed not later than December 31, 1948;
"(3) a corrective action study for which was completed not later than December 31, 2015; and
"(4) the construction of which was authorized by the Act of June 28, 1938 (
1 So in original. Probably should be followed by a comma.
2 See References in Text note below.
3 So in original. Probably should be "Services".
§378. Omitted
Editorial Notes
Codification
Section, act June 30, 1906, ch. 3912,
§379. Purchase of scientific books, law books, etc.
The Secretary of the Interior may authorize the purchase of such law books, books of reference, periodicals, engineering and statistical publications as are needed in carrying out the surveys and examinations authorized by the Act of June seventeenth, nineteen hundred and two, entitled "An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories for the construction of irrigation works for the reclamation of arid lands."
(May 27, 1908, ch. 200,
Editorial Notes
References in Text
Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093,
§380. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029
Section, act July 1, 1918, ch. 113,
§§380a, 380b. Omitted
Editorial Notes
Codification
Section 380a, acts Aug. 4, 1939, ch. 418, §13,
Section 380b, act July 9, 1952, ch. 597, title I,
A prior section 380b, act Aug. 31, 1951, ch. 375, title I,
§381. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 639
Section, acts June 17, 1902, ch. 1093, §5,
§382. Repealed. Pub. L. 87–304, §9(a)(3), Sept. 26, 1961, 75 Stat. 664
Section, act May 27, 1908, ch. 200,
§383. Vested rights and State laws unaffected
Nothing in this Act shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary of the Interior, in carrying out the provisions of this Act, 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.
(June 17, 1902, ch. 1093, §8,
Editorial Notes
References in 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
Codification
Section is comprised of section 8 (less proviso) of act June 17, 1902. The remainder of section 8 is classified to
Statutory Notes and Related Subsidiaries
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see
§384. Extension of time for payment of charges accrued prior to March 2, 1924, and January 1, 1925
(a) The Secretary of the Interior is authorized and empowered, in his discretion, to defer the dates of payments of any charges, rentals, and penalties which have accrued prior to the 2d day of March, 1924, under the Act of June 17, 1902 (
(b) Where an individual water user, or individual applicant for a water right under a Federal irrigation project constructed or being constructed under the Act of June 17, 1902 (
(May 9, 1924, ch. 150, §§1, 2,
Editorial Notes
References in 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
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§385. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 649
Section, act Aug. 9, 1937, ch. 570, §1,
§385a. Payments to school districts for education of dependents of construction personnel; cooperative arrangements; chargeable to project
The Secretary of the Interior, giving due consideration to the temporary nature of the requirements therefor, is authorized to make such provision as he deems to be necessary and in the public interest for the education of dependents of persons employed on the actual construction of projects or features of projects, by the Bureau of Reclamation, in any cases in which he finds that by reason of such construction activity, an undue burden is, or will be cast upon the facilities of the public-school districts serving the areas in which construction is being undertaken, and to pay for the same from any funds available for the construction of said projects: Provided, That the Secretary of the Interior shall enter into cooperative arrangements with local school districts wherein such features are situated to contribute toward covering the cost of furnishing the educational services required for such dependents, or for the operation by those school districts of Government facilities, or for the expansion of local school facilities. Such cost incurred hereunder shall be charged to the project concerned and shall be repayable in the same manner and to the same extent as are its other costs of construction.
(June 29, 1948, ch. 733, §1,
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§385b. Repealed. Pub. L. 86–533, §1(18), June 29, 1960, 74 Stat. 248
Section, act June 29, 1948, ch. 733, §2,
§385c. Omitted
Editorial Notes
Codification
Section, which related to tuition charge per pupil, was from the Interior Department Appropriation Act, 1949, act June 29, 1948, ch. 754,
§386. Application of excess-land provisions of reclamation laws to certain lands
The excess-land provisions of the Federal reclamation laws shall not be applicable to lands which on June 16, 1938, had an irrigation water supply from sources other than a Federal reclamation project and which will receive a supplemental supply from the Colorado-Big Thompson project.
(June 16, 1938, ch. 485,
§387. Removal of sand, gravel, etc.; leases, easements, etc.
The Secretary, in his discretion, may (a) permit the removal, from lands or interests in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project, of sand, gravel, and other minerals and building materials with or without competitive bidding: Provided, That removals may be permitted without charge if for use by a public agency in the construction of public roads or streets within any project or in its immediate vicinity; and (b) grant leases and licenses for periods not to exceed fifty years, and easements or rights-of-way with or without limitation as to period of time affecting lands or interest in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project: Provided, That, if a water users' organization is under contract obligation for repayment on account of the project or division involved, easements or rights-of-way for periods in excess of twenty-five years shall be granted only upon prior written approval of the governing board of such organization. Such permits or grants shall be made only when, in the judgment of the Secretary, their exercise will not be incompatible with the purposes for which the lands or interests in lands are being administered, and shall be on such terms and conditions as in his judgment will adequately protect the interests of the United States and the project for which said lands or interests in lands are being administered.
(Aug. 4, 1939, ch. 418, §10,
Editorial Notes
References in Text
The Federal reclamation laws, referred to in text, are defined in
Amendments
1950—Act Aug. 18, 1950, permitted Secretary to grant permanent easements or rights-of-way provided that no easement or right-of-way in excess of 25 years be granted unless there has been prior written approval by the governing board of that water users' organization as may be under contract obligation for repayment on account of the project involved.
Statutory Notes and Related Subsidiaries
Definitions
The definitions in
§388. Contracts for materials; liability of United States
When appropriations have been made for the commencement or continuation of construction or operation and maintenance of any project, the Secretary may, in connection with such construction or operation and maintenance, enter into contracts for miscellaneous services, for materials and supplies, as well as for construction, which may cover such periods of time as the Secretary may consider necessary but in which the liability of the United States shall be contingent upon appropriations being made therefor.
(Aug. 4, 1939, ch. 418, §12,
Statutory Notes and Related Subsidiaries
Definitions
The definitions in
§389. Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy
The Secretary is authorized, in connection with the construction or operation and maintenance of any project, (a) to purchase or condemn suitable lands or interests in lands for relocation of highways, roadways, railroads, telegraph, telephone, or electric transmission lines, or any other properties whatsoever, the relocation of which in the judgment of the Secretary is necessitated by said construction or operation and maintenance, and to perform any or all work involved in said relocations on said lands or interests in lands, other lands or interests in lands owned and held by the United States in connection with the construction or operation and maintenance of said project, or properties not owned by the United States; (b) to enter into contracts with the owners of said properties whereby they undertake to acquire any or all property needed for said relocation, or to perform any or all work involved in said relocations; and (c) for the purpose of effecting completely said relocations, to convey or exchange Government properties acquired or improved under (a) above, with or without improvements, or other properties owned and held by the United States in connection with the construction or operation and maintenance of said project, or to grant perpetual easements therein or thereover. Grants or conveyances hereunder shall be by instruments executed by the Secretary without regard to provisions of law governing the patenting of public lands.
The Secretary is further authorized, for the purpose of orderly and economical construction or operation and maintenance of any project, to enter into such contracts for exchange or replacement of water, water rights, or electric energy or for the adjustment of water rights, as in his judgment are necessary and in the interests of the United States and the project.
(Aug. 4, 1939, ch. 418, §14,
Statutory Notes and Related Subsidiaries
Definitions
The definitions in
§390. Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation
On and after December 22, 1944, whenever the Secretary of the Army determines, upon recommendation by the Secretary of the Interior that any dam and reservoir project operated under the direction of the Secretary of the Army may be utilized for irrigation purposes, the Secretary of the Interior is authorized to construct, operate, and maintain, under the provisions of the Federal reclamation laws (Act of June 17, 1902,
(Dec. 22, 1944, ch. 665, §8,
Editorial Notes
References in 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
Amendments
1986—
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II,
Extension of Variable Payment Plan
Authority of Secretary to extend benefits of variable payment plan to organizations with which he contracts or has contracted for the repayment of construction costs allocated to irrigation on any project undertaken by the United States, including contracts for the storage of water or for the use of stored water under this section, see section 2 of
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see
Executive Documents
Transfer of Functions
For transfer of certain real property and functions relating to real property, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order Nos. 14, eff. July 1, 1948, and 40 [App. B(133)], July 22, 1949.
§390a. Repealed. Pub. L. 105–362, title IX, §901(e)(2), Nov. 10, 1998, 112 Stat. 3289
Section, acts July 31, 1953, ch. 298, title I,
Provisions similar to those in this section were contained in act July 9, 1952, ch. 597, title I,
§390b. Development of water supplies for domestic, municipal, industrial, and other purposes
(a) Declaration of policy
It is declared to be the policy of the Congress to recognize the primary responsibilities of the States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes and that the Federal Government should participate and cooperate with States and local interests in developing such water supplies in connection with the construction, maintenance, and operation of Federal navigation, flood control, irrigation, or multiple purpose projects.
(b) Storage in reservoir projects; agreements for payment of cost of construction or modification of projects
In carrying out the policy set forth in this section, it is provided that storage may be included in any reservoir project surveyed, planned, constructed or to be planned, surveyed and/or constructed by the Corps of Engineers or the Bureau of Reclamation to impound water for present or anticipated future demand or need for municipal or industrial water, and the reasonable value thereof may be taken into account in estimating the economic value of the entire project: Provided, That the cost of any construction or modification authorized under the provisions of this section shall be determined on the basis that all authorized purposes served by the project shall share equitably in the benefits of multiple purpose construction, as determined by the Secretary of the Army or the Secretary of the Interior, as the case may be: Provided further, That before construction or modification of any project including water supply provisions for present demand is initiated, State or local interests shall agree to pay for the cost of such provisions in accordance with the provisions of this section: And provided further, That (1) for Corps of Engineers projects, not to exceed 30 percent of the total estimated cost of any project may be allocated to anticipated future demands, and, (2) for Bureau of Reclamation projects, not to exceed 30 per centum of the total estimated cost of any project may be allocated to anticipated future demands where State or local interests give reasonable assurances, and there is reasonable evidence, that such demands for the use of such storage will be made within a period of time which will permit paying out the costs allocated to water supply within the life of the project: And provided further, That for Corps of Engineers projects, the Secretary of the Army may permit the full non-Federal contribution to be made, without interest, during construction of the project, or, with interest, over a period of not more than thirty years from the date of completion, with repayment contracts providing for recalculation of the interest rate at, five-year intervals, and for Bureau of Reclamation projects, the entire amount of the construction costs, including interest during construction, allocated to water supply shall be repaid within the life of the project but in no event to exceed fifty years after the project is first used for the storage of water for water supply purposes, except that (1) no payment need be made with respect to storage for future water supply until such supply is first used, and (2) no interest shall be charged on such cost until such supply is first used, but in no case shall the interest-free period exceed ten years. For Corps of Engineers projects, all annual operation and maintenance costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests on an annual basis, and all repair, rehabilitation, and replacement costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests (1) without interest, during construction of the repair, rehabilitation, or replacement, (2) with interest, in lump sum on the completion of the repair, rehabilitation, or replacement, or (3) at the request of the State or local interest, with interest, over a period of not more than 25 years beginning on the date of completion of the repair, rehabilitation, or replacement, with repayment contracts providing for recalculation of the interest rate at 5-year intervals. At the request of the State or local interest, the Secretary of the Army shall amend a repayment contract entered into under this section on or before December 23, 2022, for the purpose of incorporating the terms and conditions described in paragraph (3) of the preceding sentence. For Corps of Engineers projects, any repayment by a State or local interest shall be made with interest at a rate to be determined by the Secretary of the Treasury, taking into consideration the average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period, during the month preceding the fiscal year in which costs for the construction of the project are first incurred (or, when a recalculation is made), plus a premium of one-eighth of one percentage point for transaction costs. For Bureau of Reclamation projects, the interest rate used for purposes of computing interest during construction and interest on the unpaid balance shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue. The provisions of this subsection insofar as they relate to the Bureau of Reclamation and the Secretary of the Interior shall be alternative to and not a substitute for the provisions of the Reclamation Projects Act of 1939 (
(c) Release of future water storage
(1) Establishment of 10-year plans for the utilization of future storage
(A) In general
For the period beginning 180 days after June 10, 2014, and ending on January 1, 2016, the Secretary may accept from a State or local interest a plan for the utilization of allocated water storage for future use under this Act.
(B) Contents
A plan submitted under subparagraph (A) shall include—
(i) a 10-year timetable for the conversion of future use storage to present use; and
(ii) a schedule of actions that the State or local interest agrees to carry out over a 10-year period, in cooperation with the Secretary, to seek new and alternative users of future water storage that is contracted to the State or local interest on June 10, 2014.
(2) Future water storage
For water resource development projects managed by the Secretary, a State or local interest that the Secretary determines has complied with paragraph (1) may request from the Secretary a release to the United States of any right of the State or local interest to future water storage under this Act that was allocated for future use water supply prior to November 17, 1986.
(3) Administration
(A) In general
Not later than 180 days after receiving a request under paragraph (2), the Secretary shall provide to the applicable State or local interest a written decision on whether the Secretary recommends releasing future water storage rights.
(B) Recommendation
If the Secretary recommends releasing future water storage rights, the Secretary shall include that recommendation in the annual plan submitted under
(4) Savings clause
Nothing in this subsection authorizes the Secretary to release a State or local interest from a contractual obligation unless specifically authorized by Congress.
(d) Application to other laws
The provisions of this section shall not be construed to modify the provisions of
(e) Approval of Congress of modifications of reservoir projects
Modifications of a reservoir project heretofore authorized, surveyed, planned, or constructed to include storage as provided in subsection (b) which would seriously affect the purposes for which the project was authorized, surveyed, planned, or constructed, or which would involve major structural or operational changes shall be made only upon the approval of Congress as now provided by law.
(
Editorial Notes
References in Text
The Reclamation Projects Act of 1939, referred to in subsec. (b), is act Aug. 4, 1939, ch. 418,
This Act, referred to in subsec. (c)(1)(A), (2), probably means the Water Supply Act of 1958. See below.
Amendments
2022—Subsec. (b).
2016—Subsec. (f).
2014—Subsecs. (c) to (e).
Subsec. (f).
1986—Subsec. (b).
1961—Subsec. (b).
Statutory Notes and Related Subsidiaries
Short Title of 1961 Amendment
Short Title
Storage
"(a)
"(1)
"(A) to which the United States holds title; and
"(B) that was authorized to be constructed, operated, and maintained pursuant to the reclamation laws.
"(2)
"(A) involves a groundwater or surface water storage facility constructed, operated, and maintained by any State, department of a State, subdivision of a State, or public agency organized pursuant to State law; and
"(B) provides a benefit in meeting any obligation under Federal law (including regulations).
"(b)
"(1)
"(2)
"(3)
"(A) determines that the proposed federally owned storage project is feasible in accordance with the reclamation laws;
"(B) secures an agreement providing upfront funding as is necessary to pay the non-Federal share of the capital costs; and
"(C) determines that, in return for the Federal cost-share investment in the federally owned storage project, at least a proportionate share of the project benefits are Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges.
"(4)
"(c)
"(1)
"(2)
"(A) the participation has been requested by the Governor of the State in which the State-led storage project is located;
"(B) the State or local sponsor determines, and the Secretary of the Interior concurs, that—
"(i) the State-led storage project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws;
"(ii) sufficient non-Federal funding is available to complete the State-led storage project; and
"(iii) the State-led storage project sponsors are financially solvent;
"(C) the Secretary of the Interior determines that, in return for the Federal cost-share investment in the State-led storage project, at least a proportional share of the project benefits are the Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges; and
"(D) the Secretary of the Interior submits to Congress a written notification of these determinations within 30 days of making such determinations.
"(3)
"(4)
"(A) may rely on reports prepared by the sponsor of the State-led storage project, including feasibility (or equivalent) studies, environmental analyses, and other pertinent reports and analyses; but
"(B) shall retain responsibility for making the independent determinations described in paragraph (2).
"(d)
"(e)
"(f)
"(1)
"(2)
"(g)
"(h)
"(1) $335,000,000 of funding in section 4011(e) [
"(2) Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to this section and transmits such recommendations to the appropriate committees of Congress.
"(i)
"(j)
[For definition of "Reclamation State" as used in section 4007(a)(1), (2), (d) of
Savings Language
"(a)
"(1) preempts or modifies any obligation of the United States to act in conformance with applicable State law, including applicable State water law;
"(2) affects or modifies any obligation under the Central Valley Project Improvement Act ([title XXXIV of]
"(3) overrides, modifies, or amends the applicability of the Endangered Species Act of 1973 (
"(4) would cause additional adverse effects on listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion, using the best scientific and commercial data available; or
"(5) overrides, modifies, or amends any obligation of the Pacific Fisheries Management Council, required by the Magnuson Stevens Act [probably means the Magnuson-Stevens Fishery Conservation and Management Act,
"(b)
"(1)
"(A) the Endangered Species Act of 1973 (
"(B) subsection (a)(4).
"(2)
"(c)
[For definitions of terms used in section 4012 of
Duration
"(1) section 4004 [
"(2) projects under construction in sections 4007 [set out in part as a note above], 4009(a) [amending provisions set out as a note under
Amendment of Contracts Existing Prior to November 17, 1986
Definitions
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(A) any natural origin steelhead, natural origin genetic spring run Chinook, or genetic winter run Chinook salmon (including any hatchery steelhead or salmon population within the evolutionary significant unit or a distinct population segment); and
"(B) Delta smelt.
"(8)
"(A) Arizona;
"(B) California;
"(C) Colorado;
"(D) Idaho;
"(E) Kansas;
"(F) Montana;
"(G) Nebraska;
"(H) Nevada;
"(I) New Mexico;
"(J) North Dakota;
"(K) Oklahoma;
"(L) Oregon;
"(M) South Dakota;
"(N) Texas;
"(O) Utah;
"(P) Washington; and
"(Q) Wyoming.
"(9)
"(A)
"(B)
"(10)
"(A)
"(B)
"(11)
§390b–1. Improving planning and administration of water supply storage
(1) In general
For each water supply feature of a reservoir managed by the Secretary, the Secretary shall notify the applicable non-Federal interests before each fiscal year of the anticipated operation and maintenance activities for that fiscal year and each of the subsequent 4 fiscal years (including the cost of those activities) for which the non-Federal interests are required to contribute amounts.
(2) Clarification
The information provided to a non-Federal interest under paragraph (1) shall—
(A) be an estimate which the non-Federal interest may use for planning purposes; and
(B) not be construed as or relied upon by the non-Federal interest as the actual amounts that the non-Federal interest will be required to contribute.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of
§390b–2. Leveraging Federal infrastructure for increased water supply
(a) In general
At the request of a non-Federal interest, the Secretary may review proposals to increase the quantity of available supplies of water at a Federal water resources development project through—
(1) modification of the project;
(2) modification of how the project is managed; or
(3) accessing water released from the project.
(b) Proposals included
A proposal under subsection (a) may include—
(1) increasing the storage capacity of the project;
(2) diversion of water released or withdrawn from the project—
(A) to recharge groundwater;
(B) to aquifer storage and recovery; or
(C) to any other storage facility;
(3) construction of facilities for delivery of water from pumping stations constructed by the Secretary;
(4) construction of facilities to access water; and
(5) a combination of the activities described in paragraphs (1) through (4).
(c) Exclusions
This section shall not apply to a proposal that—
(1) reallocates existing water supply or hydropower storage; or
(2) reduces water available for any authorized project purpose.
(d) Other Federal projects
In any case in which a proposal relates to a Federal project that is not operated by the Secretary, this section shall apply only to activities under the authority of the Secretary.
(e) Review process
(1) Notice
On receipt of a proposal submitted under subsection (a), the Secretary shall provide a copy of the proposal to each entity described in paragraph (2) and, if applicable, the Federal agency that operates the project, in the case of a project operated by an agency other than the Department of the Army.
(2) Public participation
In reviewing proposals submitted under subsection (a), and prior to making any decisions regarding a proposal, the Secretary shall comply with all applicable public participation requirements under law, including consultation with—
(A) affected States;
(B) power marketing administrations, in the case of reservoirs with Federal hydropower projects;
(C) entities responsible for operation and maintenance costs;
(D) any entity that has a contractual right from the Federal Government or a State to withdraw water from, or use storage at, the project;
(E) entities that the State determines hold rights under State law to the use of water from the project; and
(F) units of local government with flood risk reduction responsibilities downstream of the project.
(f) Authorities
A proposal submitted to the Secretary under subsection (a) may be reviewed and approved, if applicable and appropriate, under—
(1) the specific authorization for the water resources development project;
(2)
(3)
(4)
(g) Limitations
The Secretary shall not approve a proposal submitted under subsection (a) that—
(1) is not supported by the Federal agency that operates the project, if that agency is not the Department of the Army;
(2) interferes with an authorized purpose of the project;
(3) adversely impacts contractual rights to water or storage at the reservoir;
(4) adversely impacts legal rights to water under State law, as determined by an affected State;
(5) increases costs for any entity other than the entity that submitted the proposal; or
(6) if a project is subject to
(h) Cost share
(1) In general
Except as provided in paragraph (2), 100 percent of the cost of developing, reviewing, and implementing a proposal submitted under subsection (a) shall be provided by an entity other than the Federal Government.
(2) Planning assistance to states
In the case of a proposal from an entity authorized to receive assistance under
(3) Operation and maintenance costs
(A) In general
Except as provided in subparagraphs (B) and (C), the operation and maintenance costs for the non-Federal sponsor of a proposal submitted under subsection (a) shall be 100 percent of the separable operation and maintenance costs associated with the costs of implementing the proposal.
(B) Certain water supply storage projects
For a proposal submitted under subsection (a) for constructing additional water supply storage at a reservoir for use under a water supply storage agreement, in addition to the costs under subparagraph (A), the non-Federal costs shall include the proportional share of any joint-use costs for operation, maintenance, repair, replacement, or rehabilitation of the reservoir project determined in accordance with
(C) Voluntary contributions
An entity other than an entity described in subparagraph (A) may voluntarily contribute to the costs of implementing a proposal submitted under subsection (a).
(i) Contributed funds
(1) Contributed funds for corps projects
The Secretary may may receive and expend funds contributed by a non-Federal interest for the review and approval of a proposal submitted under subsection (a).
(2) Contributed funds for other Federal reservoir projects
The Secretary is authorized to receive and expend funds from a non-Federal interest to formulate, review, or revise operational documents, pursuant to a proposal submitted in accordance subsection (a), for any reservoir for which the Secretary is authorized to prescribe regulations for the use of storage allocated for flood control or navigation pursuant to
(j) Assistance
On request by a non-Federal interest, the Secretary may provide technical assistance in the development or implementation of a proposal under subsection (a), including assistance in obtaining necessary permits for construction, if the non-Federal interest contracts with the Secretary to pay all costs of providing the technical assistance.
(k) Exclusion
This section shall not apply to reservoirs in—
(1) the Upper Missouri River;
(2) the Apalachicola-Chattahoochee-Flint river system;
(3) the Alabama-Coosa-Tallapoosa river system; and
(4) the Stones River.
(l) Effect of section
Nothing in this section affects or modifies any authority of the Secretary to review or modify reservoirs.
(
Editorial Notes
Amendments
2020—Subsec. (i).
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 1002 of
§390c. Water reservoirs; interests of States and local agencies in storage space
Cognizant that many States and local interests have in the past contributed to the Government, or have contracted to pay to the Government over a specified period of years, money equivalent to the cost of providing for them water storage space at Government-owned dams and reservoirs, constructed by the Corps of Engineers of the United States Army, and that such practices will continue, and, that no law defines the duration of their interest in such storage space, and realizing that such States and local interests assume the obligation of paying substantially their portion of the cost of providing such facilities, their right to use may be continued during the existence of the facility as hereinafter provided.
(
§390d. Dams and reservoirs wherein costs thereof, or rights thereto, have been acquired by local interests
(
§390e. Rights, acquisition and availability of; obligation for operation and maintenance; costs for reconstruction, rehabilitation, or replacement; use during Government operation or by contract
The right thus acquired by any such local interest is declared to be available to the local interest so long as the space designated for that purpose may be physically available, taking into account such equitable reallocation of reservoir storage capacities among the purposes served by the project as may be necessary due to sedimentation, and not limited to the term of years which may be prescribed in any lease agreement or other agreement with the Government, but the enjoyment of such right will remain subject to performance of its obligations prescribed in such lease agreement or agreement executed in reference thereto. Such obligations will include continued payment of annual operation and maintenance costs allocated to water supply. In addition, local interests shall bear the costs allocated to the water supply of any necessary reconstruction, rehabilitation, or replacement of project features which may be required to continue satisfactory operation of the project. Any affected local interest may utilize such facility so long as it is operated by the Government. In the event that the Government concludes that it can no longer usefully and economically maintain and operate such facility, the responsible department or agency of the Government is authorized to negotiate a contract with the affected local interest under which the local interest may continue to operate such part of the facility as is necessary for utilization of the storage space allocated to it, under terms which will protect the public interest and provided that the Government is effectively absolved from all liability in connection with such operation.
(
§390f. Revision of leases or agreements to evidence conversion of rights to use of storage rights
Upon application of any affected local interest its existing lease or agreement with the Government will be revised to evidence the conversion of its rights to the use of the storage as prescribed in
(
§390g. Groundwater recharge of aquifers; demonstration program
The Secretary of the Interior (hereinafter referred to as the "Secretary"), acting through the Bureau of Reclamation (hereinafter referred to as the "Bureau"), shall, in two phases, conduct an investigation of and establish demonstration projects for groundwater recharge of aquifers in the States of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming (such States to be hereinafter referred to as the "High Plains States") and in the other States referred to in
(
Statutory Notes and Related Subsidiaries
Short Title
§390g–1. Phase I of groundwater recharge demonstration program
(a) Development of detailed plan of demonstration projects; requisite features of plan
During phase I, the Bureau, in consultation with the High Plains States and other Reclamation Act States and other appropriate departments and agencies of the United States, including the United States Geological Survey, shall develop a detailed plan of demonstration projects the purpose of which is to determine whether various recharge technologies may be applied to diverse geologic and hydrologic conditions represented in the High Plains States and other Reclamation Act States. In the preparation and development of such plan, the Bureau shall make maximum use of data, planning studies and other technical resources and assistance available from State and local entities: Provided, That contributions of such technical resources and assistance may be counted as part of the inkind services or other State contribution, but shall otherwise be provided without compensation to the State or local entity. This plan shall contain the selection of not less than a total of twelve demonstration project sites in High Plains States and not less than a total of nine demonstration project sites in other Reclamation Act States. Demonstration project sites shall be confined to areas having a declining water table, an available surface water supply, and a high probability of physical, chemical, and economic feasibility for recharge of the groundwater reservoir. The plan shall provide for demonstration of the application of recharge technology and the selection of water sources, determination of necessary physical works and the operation of water replacement systems, formulation of a monitoring program, identification of any economic, legal, intergovernmental, and environmental issues and projection of planning problems associated with such systems, and recommendation of legislative and administrative actions as may be necessary to carry out phase II.
(b) Recommendation of demonstration projects
During phase I the Bureau is authorized and directed to recommend demonstration projects to be designed, constructed, and operated during phase II.
(c) Preliminary selection of projects
Within six months, after the enactment of an appropriation Act to carry out phase I, the Secretary shall make a preliminary selection of projects to receive further planning and development and shall initiate such further planning and development for those selected projects.
(
Editorial Notes
Amendments
1995—Subsec. (d).
§390g–2. Phase II of groundwater recharge demonstration program
(a) Design, construction, and operation of projects
During phase II, and subject to State water laws and interstate water compacts, the Bureau is authorized and directed to design, construct, and operate demonstration projects in the High Plains States and other Reclamation Act States to recharge groundwater systems as recommended in the report referred to in subsection (c).
(b) Alternative means of cost allocation; economic feasibility of projects
During phase II the Secretary, acting through the Bureau, shall contract with the various High Plains States and other Reclamation Act States to conduct a study to identify and evaluate alternative means by which the costs of groundwater recharge projects could be allocated among the beneficiaries of the projects within the respective States and identify and evaluate the economic feasibility of and the legal authority for utilizing groundwater recharge in water resource development projects.
(c) Reports to Congress
(1) Within twelve months after the initiation of phase II, and at annual intervals thereafter, the Secretary shall submit interim reports to Congress. Each report shall contain a detailed statement of his findings and progress respecting the design, construction, and operation of the demonstration projects referred to in subsection (a) and the study referred to in subsection (b).
(2) Within five years after the initiation of phase II, the Secretary shall submit a summary report to Congress. The summary report shall contain—
(A) a detailed evaluation of the demonstration projects referred to in subsection (a);
(B) the results of the studies referred to in subsection (b);
(C) specific recommendations regarding the location, scope, and feasibility of operational groundwater recharge projects to be constructed and maintained by the Bureau; and
(D) an evaluation of the feasibility of integrating these groundwater recharge projects into existing reclamation projects.
(3) In addition to recommendations made under
(4) Each project under this section shall terminate five years after the date on which construction on the project is completed.
(5) At the conclusion of phase II the Secretary shall submit a final report to the Congress which shall include, but not be limited to, a detailed evaluation of the projects under this section.
(
Editorial Notes
Amendments
1992—Subsec. (c).
§390g–3. Evaluation of water quality impacts
The Secretary, acting through the Bureau, and the Administrator of the Environmental Protection Agency (hereinafter referred to as the "Administrator") shall enter into a memorandum-of-understanding to provide for an evaluation of the impacts to surface water and groundwater quality resulting from the groundwater recharge demonstration projects constructed pursuant to
(
Editorial Notes
Amendments
1992—
§390g–4. Authorization of appropriations to carry out phase I
There is authorized to be appropriated $500,000 for fiscal years beginning after September 30, 1983, to carry out phase I. Amounts shall be made available pursuant to the authorization contained in this section in a single sum for all demonstration project sites, and it shall be within the discretion of the Secretary to apportion such sum among such sites.
(
§390g–5. Authorization of appropriations to carry out phase II
There is authorized to be appropriated for fiscal years beginning after September 30, 1983, $31,000,000 (October 1990 price levels) plus or minus such amounts, if any, as may be required by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein to carry out phase II. Amounts shall be made available pursuant to the authorization contained in this section in sums for individual projects based on findings of feasibility by the Secretary.
(
Editorial Notes
Amendments
1992—
§390g–6. Matching basis for funding phase II from non-Federal sources
The funds authorized to be appropriated pursuant to
(
§390g–7. New spending authority
Any new spending authority described in subsection (c)(2)(A) or (B) of section 651 1 of title 2 which is provided under
(
Editorial Notes
References in Text
1 See References in Text note below.
§390g–8. Interstate transfer of water from Arkansas
No funds authorized to be appropriated by
(1) the interstate transfer of water from the State of Arkansas; or
(2) the study or demonstration of the potential for the interstate transfer of water from the State of Arkansas.
(
§390g–9. Aquifer recharge flexibility
(a) Short title
This section may be cited as the "Aquifer Recharge Flexibility Act".
(b) Definitions
In this section:
(1) Bureau
The term "Bureau" means the Bureau of Reclamation.
(2) Commissioner
The term "Commissioner" means the Commissioner of Reclamation.
(3) Eligible land
The term "eligible land", with respect to a Reclamation project, means land that—
(A) is authorized to receive water under State law; and
(B) shares an aquifer with land located in the service area of the Reclamation project.
(4) Net water storage benefit
The term "net water storage benefit" means an increase in the volume of water that is—
(A) stored in 1 or more aquifers; and
(B)(i) available for use within the authorized service area of a Reclamation project; or
(ii) stored on a long-term basis to avoid or reduce groundwater overdraft.
(5) Reclamation facility
The term "Reclamation facility" means each of the infrastructure assets that are owned by the Bureau at a Reclamation project.
(6) Reclamation project
The term "Reclamation project" means any reclamation or irrigation project, including incidental features thereof, authorized by Federal reclamation law or the Act of August 11, 1939 (commonly known as the "Water Conservation and Utilization Act") (
(c) Flexibility to allow greater aquifer recharge in Western States
(1) Use of Reclamation facilities
(A) In general
The Commissioner may allow the use of excess capacity in Reclamation facilities for aquifer recharge of non-Reclamation project water, subject to applicable rates, charges, and public participation requirements, on the condition that—
(i) the use—
(I) shall not be implemented in a manner that is detrimental to—
(aa) any power service or water contract for the Reclamation project; or
(bb) any obligations for fish, wildlife, or water quality protection applicable to the Reclamation project;
(II) shall be consistent with water quality guidelines for the Reclamation project;
(III) shall comply with all applicable—
(aa) Federal laws; and
(bb) policies of the Bureau; and
(IV) shall comply with all applicable State laws and policies; and
(ii) the non-Federal party to an existing contract for water or water capacity in a Reclamation facility consents to the use of the Reclamation facility under this subsection.
(B) Effect on existing contracts
Nothing in this subsection affects a contract—
(i) in effect on December 27, 2020; and
(ii) under which the use of excess capacity in a Bureau conveyance facility for carriage of non-Reclamation project water for aquifer recharge is allowed.
(2) Aquifer recharge on eligible land
(A) In general
Subject to subparagraphs (C) and (D), the Secretary may contract with a holder of a water service or repayment contract for a Reclamation project to allow the contractor, in accordance with applicable State laws and policies—
(i) to directly use water available under the contract for aquifer recharge on eligible land; or
(ii) to enter into an agreement with an individual or entity to transfer water available under the contract for aquifer recharge on eligible land.
(B) Authorized project use
The use of a Reclamation facility for aquifer recharge under subparagraph (A) shall be considered an authorized use for the Reclamation project if requested by a holder of a water service or repayment contract for the Reclamation facility.
(C) Modifications to contracts
The Secretary may contract with a holder of a water service or repayment contract for a Reclamation project under subparagraph (A) if the Secretary determines that a new contract or contract amendment described in that subparagraph is—
(i) necessary to allow for the use of water available under the contract for aquifer recharge under this subsection;
(ii) in the best interest of the Reclamation project and the United States; and
(iii) approved by the contractor that is responsible for repaying the cost of construction, operations, and maintenance of the facility that delivers the water under the contract.
(D) Requirements
The use of Reclamation facilities for the use or transfer of water for aquifer recharge under this subsection shall be subject to the requirements that—
(i) the use or transfer shall not be implemented in a manner that materially impacts any power service or water contract for the Reclamation project; and
(ii) before the use or transfer, the Secretary shall determine that the use or transfer—
(I) results in a net water storage benefit for the Reclamation project; or
(II) contributes to the recharge of an aquifer on eligible land; and
(iii) the use or transfer complies with all applicable—
(I) Federal laws and policies; and
(II) interstate water compacts.
(3) Conveyance for aquifer recharge purposes
The holder of a right-of-way, easement, permit, or other authorization to transport water across public land administered by the Bureau of Land Management may transport water for aquifer recharge purposes without requiring additional authorization from the Secretary where the use does not expand or modify the operation of the right-of-way, easement, permit, or other authorization across public land.
(4) Effect
Nothing in this section creates, impairs, alters, or supersedes a Federal or State water right.
(5) Exemption
This section shall not apply to the State of California.
(6) Advisory group
The Secretary may participate in any State-led collaborative, multi-stakeholder advisory group created in any watershed the purpose of which is to monitor, review, and assess aquifer recharge activities.
(
References in Text
This section, referred to in subsecs. (b) and (c)(4), (5), was in the original "this Act", which was translated as meaning section 1105 of
Act of August 11, 1939, referred to in subsec. (b)(6), is act Aug. 11, 1939, ch. 717,
Definitions
For definition of "Secretary" as used in this section, see section 1115 of div. FF of
§390h. Program to investigate reclamation and reuse of wastewater and groundwater; general authority
(a) Program established
The Secretary of the Interior (hereafter "Secretary"), acting pursuant to the Reclamation Act of 1902 (Act of June 17, 1902,
(b) States included
Such program shall be limited to the States and areas referred to in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902,
(c) Agreements and regulations
The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of
(d) San Luis Unit of Central Valley Project, California
The Secretary shall not investigate, promote or implement, pursuant to
(e) Authorization of new water recycling and reuse projects
(1) Submission to the Secretary
(A) In general
Non-Federal interests may submit proposals for projects eligible to be authorized pursuant to this section in the form of completed feasibility studies to the Secretary.
(B) Eligible projects
A project shall be considered eligible for consideration under this section if the project reclaims and reuses—
(i) municipal, industrial, domestic, or agricultural wastewater; or
(ii) impaired ground or surface waters.
(C) Guidelines
Within 60 days of the enactment of this Act the Secretary shall issue guidelines for feasibility studies for water recycling and reuse projects to provide sufficient information for the formulation of the studies.
(2) Review by the Secretary
The Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of—
(A) determining whether the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water recycling and reuse projects; and
(B) the project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws.
(3) Submission to Congress
Not later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
(A) the results of the Secretary's review of the study under paragraph (2), including a determination of whether the project is feasible;
(B) any recommendations the Secretary may have concerning the plan or design of the project; and
(C) any conditions the Secretary may require for construction of the project.
(4) Eligibility for funding
The non-Federal project sponsor of any project determined by the Secretary to be feasible under paragraph (3)(A) shall be eligible to apply to the Secretary for funding for the Federal share of the costs of planning, designing and constructing the project pursuant to subsection (f).
(f) Competitive grant program for the funding of water recycling and reuse projects
(1) Establishment
The Secretary shall establish a competitive grant program under which the non-Federal project sponsor of any project determined by the Secretary to be feasible under subsection (e)(3)(A) shall be eligible to apply for funding for the planning, design, and construction of the project, subject to subsection (g)(2).
(2) Priority
When funding projects under paragraph (1), the Secretary shall give funding priority to projects that meet one or more of the criteria listed in paragraph (3) and are located in an area that—
(A) has been identified by the United States Drought Monitor as experiencing severe, extreme, or exceptional drought at any time in the 4-year period before such funds are made available; or
(B) was designated as a disaster area by a State during the 4-year period before such funds are made available.
(3) Criteria
The project criteria referred to in paragraph (2) are the following:
(A) Projects that are likely to provide a more reliable water supply for States and local governments.
(B) Projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies.
(C) Projects that are regional in nature.
(D) Projects with multiple stakeholders.
(E) Projects that provide multiple benefits, including water supply reliability, eco-system benefits, groundwater management and enhancements, and water quality improvements.
(g) Authorization of appropriations
(1) There is authorized to be appropriated to the Secretary of the Interior an additional $50,000,000 to remain available until expended.
(2) Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to subsection (f) and transmits such recommendations to the appropriate committees of Congress.
(
Editorial Notes
References in Text
The Reclamation Act of 1902 (Act of June 17, 1902,
Hereafter, referred to in subsec. (a), means hereafter in title XVI of
The enactment of this Act, referred to in subsec. (e)(1)(C), probably means the date of enactment of
Amendments
2016—Subsecs. (e) to (g).
2000—Subsec. (b).
Statutory Notes and Related Subsidiaries
Short Title of 2005 Amendment
Short Title of 2004 Amendments
Short Title of 2000 Amendment
Short Title of 1998 Amendment
Short Title of 1996 Amendment
Short Title
§390h–1. Appraisal investigations
(a) Purposes; recommendations
The Secretary shall undertake appraisal investigations to identify opportunities for water reclamation and reuse. Each such investigation shall take into account environmental considerations as provided by the National Environmental Policy Act of 1969 (
(b) Matters to be considered
Appraisal investigations undertaken by the Secretary or the non-Federal project sponsor pursuant to
(1) all potential uses of reclaimed water, including, but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, and recreation;
(2) the current status of water reclamation technology and opportunities for development of improved technologies;
(3) measures to stimulate demand for and eliminate obstacles to use of reclaimed water, including pricing;
(4) measures to coordinate and streamline local, State and Federal permitting procedures required for the implementation of reclamation projects; and
(5) measures to identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner.
(c) Consultation and cooperation
The Secretary shall consult and cooperate with appropriate State, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to
(d) Nonreimbursable costs
Costs of such appraisal investigations shall be nonreimbursable.
(
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (a), is
Amendments
1996—Subsec. (b).
§390h–2. Feasibility studies
(a) General authority; Federal and non-Federal cost shares
The Secretary is authorized to participate with appropriate Federal, State, regional, and local authorities in studies to determine the feasibility of water reclamation and reuse projects recommended for such study pursuant to
(b) Federal share considered project costs; reimbursement
The Federal share of feasibility studies, including those described in
(c) Matters to be considered
In addition to the requirements of other Federal laws, feasibility studies conducted by the Secretary or the non-Federal project sponsor under
(1) near- and long-term water demand and supplies in the study area;
(2) all potential uses for reclaimed water;
(3) at least two alternative measures or technologies available for water reclamation, distribution, and reuse for the project under consideration;
(4) public health and environmental quality issues associated with use of reclaimed water;
(5) whether development of the water reclamation and reuse measures under study would—
(A) reduce, postpone, or eliminate development of new or expanded water supplies,
(B) reduce or eliminate the use of existing diversions from natural watercourses or withdrawals from aquifers, or
(C) reduce the demand on existing Federal water supply facilities;
(6) the market or dedicated use for reclaimed water in the project's service area; and
(7) the financial capability of the non-Federal project sponsor to fund its proportionate share of the project's construction costs on an annual basis.
(
Editorial Notes
References in Text
The Federal reclamation laws, referred to in subsec. (b), are defined in
Amendments
1996—Subsec. (c).
Subsec. (c)(3).
Subsec. (c)(5)(C).
Subsec. (c)(6), (7).
§390h–3. Research and demonstration projects
(a) Reclamation of wastewater and ground and surface waters
The Secretary is authorized to conduct research and to construct, operate, and maintain cooperative demonstration projects for the development and demonstration of appropriate treatment technologies for the reclamation of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters. The Federal share of the costs of demonstration projects shall not exceed 50 per centum of the total cost including operation and maintenance. Rights to inventions developed pursuant to this section shall be governed by the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (
(b) Long Beach Desalination Research and Development Project
(1) The Secretary, in cooperation with the city of Long Beach, the Central Basin Municipal Water District, and the Metropolitan Water District of Southern California may participate in the design, planning, and construction of the Long Beach Desalination Research and Development Project in Los Angeles County, California.
(2) The Federal share of the cost of the project described in paragraph (1) shall not exceed 50 percent of the total.
(3) The Secretary shall not provide funds for the operation or maintenance of the project described in paragraph (1).
(c) Las Vegas Area Shallow Aquifer Desalination Research and Development Project
(1) The Secretary, in cooperation with the Southern Nevada Water Authority, may participate in the design, planning, and construction of the Las Vegas Area Shallow Aquifer Desalination Research and Development Project in Clark County, Nevada.
(2) The Federal share of the cost of the project described in paragraph (1) shall not exceed 50 percent of the total.
(3) The Secretary shall not provide funds for the operation or maintenance of the project described in paragraph (1).
(d) Federal contribution
A Federal contribution in excess of 25 percent for a project under this section may not be made until after the Secretary determines that the project is not feasible without such Federal contribution.
(
Editorial Notes
References in Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (a), is
The Technology Transfer Act of 1986, referred to in subsec. (a), is
Amendments
1996—
§390h–4. Southern California comprehensive water reclamation and reuse study
(a) General authority
The Secretary is authorized to conduct a study to assess the feasibility of a comprehensive water reclamation and reuse system for Southern California. For the purpose of
(b) Cooperation with State; Federal share
The Secretary shall conduct the study authorized by this section in cooperation with the State of California and appropriate local and regional entities. The Federal share of the costs associated with this study shall not exceed 50 per centum of the total.
(c) Report
The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than six years after appropriation of funds authorized by
(
Editorial Notes
Amendments
1994—Subsec. (c).
Statutory Notes and Related Subsidiaries
Reuse of Waste Water
"(a)
"(1) the service would require the use of a new technology unavailable in the private sector; or
"(2) a solicitation or request for proposal has failed to attract 2 or more bids or proposals.
"(b)
"(c)
"(1)
"(A)
"(B)
"(C)
"(2)
"(3)
"(A)
"(B)
"(4)
"(A)
"(B)
"(d)
1 So in original. Probably should be "San Bernardino,".
§390h–5. San Jose area water reclamation and reuse program
(a) The Secretary, in cooperation with the city of San Jose, California, and the Santa Clara Valley Water District, and local water suppliers, shall participate in the planning, design and construction of demonstration and permanent facilities to reclaim and reuse water in the San Jose metropolitan service area.
(b) The Federal share of the costs of the facilities authorized by subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project.
(
Statutory Notes and Related Subsidiaries
Demonstration of Waste Water Technology, Santa Clara Valley Water District and San Jose, California
"(a)
"(b)
"(1) for the design and construction of an innovative nonpotable waste water reuse treatment facility with distribution systems;
"(2) for the design and construction of an innovative potable waste water reuse pilot plant;
"(3) for implementation of a comprehensive health effects study of the performance of the potable waste water reuse pilot plant; and
"(4) after the pilot plant is constructed and is operational, for the design and construction of a potable waste water reuse project, along with integration of the additional potable processes into the existing nonpotable facilities, and the extension of the distribution systems to groundwater recharge areas, if the Secretary, in cooperation with the Administrator of the Environmental Protection Agency, determines that the established public health requirements and water quality goals and objectives are being met by the pilot plant, the public health and safety is not at risk as a result of the operation of the pilot plant, and the pilot plant is operating reliably.
"(c)
"(d)
§390h–6. Phoenix metropolitan water reclamation study and program
(a) General authority
The Secretary, in cooperation with the city of Phoenix, Arizona, shall participate in the planning, design, and construction of the Phoenix Metropolitan Water Reclamation and Reuse Project to utilize fully wastewater from the regional wastewater treatment plant for direct municipal, industrial, agricultural and environmental purposes, groundwater recharge and indirect potable reuse in the Phoenix metropolitan area.
(b) Federal share
The Federal share of the costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for operation or maintenance of the project.
(
Editorial Notes
Amendments
1999—Subsec. (a).
Subsec. (b).
Subsec. (c).
1994—Subsec. (c).
§390h–7. Tucson area water reclamation study
(a) General authority
The Secretary, in cooperation with the State of Arizona and appropriate local and regional entities, shall conduct a feasibility study of comprehensive water reclamation and reuse system for Southern Arizona. For the purpose of this section, the term "Southern Arizona" means those portions of the counties of Pima, Santa Cruz, and Pinal within the Tucson Active Management Hydrologic Area as defined by the Arizona Department of Water Resources.
(b) Federal share
The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.
(c) Report
The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than four years after appropriation of funds authorized by
(
Editorial Notes
Amendments
1994—Subsec. (c).
§390h–8. Lake Cheraw water reclamation and reuse study
(a) General authority
The Secretary is authorized, in cooperation with the State of Colorado and appropriate local and regional entities, to conduct a study to assess and develop means of reclaiming the waters of Lake Cheraw, Colorado, or otherwise ameliorating, controlling and mitigating potential negative impacts of pollution in the waters of Lake Cheraw on groundwater resources or the waters of the Arkansas River.
(b) Federal share
The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.
(c) Report
The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than two years after appropriation of funds authorized by
(
Editorial Notes
Amendments
1994—Subsec. (c).
§390h–9. San Francisco area water reclamation study
(a) General authority
The Secretary, in cooperation with the city and county of San Francisco, shall conduct a feasibility study of the potential for development of demonstration and permanent facilities to reclaim water in the San Francisco area for the purposes of export and reuse elsewhere in California.
(b) Federal share
The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.
(c) Report
The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than five years after appropriation of funds authorized by
(
Editorial Notes
Amendments
1996—Subsec. (c).
1994—Subsec. (c).
§390h–10. San Diego area water reclamation program
(a) The Secretary, in cooperation with the city of San Diego, California 1 or its successor agency in the management of the San Diego Area Wastewater Management District, shall participate in the planning, design and construction of demonstration and permanent facilities to reclaim and reuse water in the San Diego metropolitan service area.
(b) The Federal share of the costs of the facilities authorized by subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project.
(
1 So in original. Probably should be followed by a comma.
§390h–11. Los Angeles area water reclamation and reuse project
(a) The Secretary is authorized to participate with the city and county of Los Angeles, State of California, West Basin Municipal Water District, and other appropriate authorities, in the design, planning, and construction of water reclamation and reuse projects to treat approximately one hundred and twenty thousand acre-feet per year of effluent from the city and county of Los Angeles, in order to provide new water supplies for industrial, environmental, and other beneficial purposes, to reduce the demand for imported water, and to reduce sewage effluent discharged into Santa Monica Bay.
(b) The Secretary's share of costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for operation or maintenance of the project.
(
§390h–12. San Gabriel basin demonstration project
(a) The Secretary, in cooperation with the Metropolitan Water District of Southern California and the Main San Gabriel Water Quality Authority or a successor public agency, is authorized to participate in the design, planning and construction of a conjunctive-use facility designed to improve the water quality in the San Gabriel groundwater basin and allow the utilization of the basin as a water storage facility; Provided, That this authority shall not be construed to limit the authority of the United States under any other Federal statute to pursue remedial actions or recovery of costs for work performed pursuant to this subsection.
(b) The Secretary's share of costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project.
(
§390h–12a. North San Diego County Area Water Recycling Project
(a) Authorization
The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the North San Diego County Area Water Recycling Project, consisting of projects to reclaim and reuse water within service areas of the San Elijo Joint Powers Authority, the Leucadia County Water District, the City of Carlsbad, and the Olivenhain Municipal Water District, California.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
Editorial Notes
Prior Provisions
A prior section 1615 of
§390h–12b. Calleguas Municipal Water District Recycling Project
(a) Authorization
The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Calleguas Municipal Water District Recycling Project to reclaim and reuse water in the service area of the Calleguas Municipal Water District in Ventura County, California.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
Editorial Notes
Prior Provisions
A prior section 1616 of
§390h–12c. Central Valley Water Recycling Project
(a) Authorization
The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Central Valley Water Recycling Project to reclaim and reuse water in the service areas of the Central Valley Reclamation Facility and the Salt Lake County Water Conservancy District in Utah.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
Editorial Notes
Prior Provisions
A prior section 1617 of
§390h–12d. St. George Area Water Recycling Project
(a) Authorization
The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the St. George Area Water Recycling Project to reclaim and reuse water in the service area of the Washington County Water Conservancy District in Utah.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
§390h–12e. Watsonville Area Water Recycling Project
(a) Authorization
The Secretary, in cooperation with the City of Watsonville, California, is authorized to participate in the design, planning, and construction of the Watsonville Area Water Recycling Project to reclaim and reuse water in the Pajaro Valley in Santa Cruz County, California.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
§390h–12f. Southern Nevada Water Recycling Project
(a) Authorization
The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Southern Nevada Water Recycling Project to reclaim and reuse water in the service area of the Southern Nevada Water Authority in Clark County, Nevada.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
§390h–12g. Albuquerque Metropolitan Area Water Reclamation and Reuse Project
(a) Authorization
The Secretary, in cooperation with the city of Albuquerque, New Mexico, is authorized to participate in the planning, design, and construction of the Albuquerque Metropolitan Area Water Reclamation and Reuse Project to reclaim and reuse industrial and municipal wastewater and reclaim and use naturally impaired ground water and nonpotable surface water in the Albuquerque metropolitan area.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
Editorial Notes
Codification
Section 506 of
Amendments
1997—
Subsec. (a).
§390h–12h. El Paso Water Reclamation and Reuse Project
(a) Authorization
The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the El Paso Water Reclamation and Reuse Project to reclaim and reuse wastewater in the service area of the El Paso Water Utilities Public Service Board, El Paso, Texas.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
§390h–12i. Reclaimed water in Pasadena
(a) Authorization
The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the City of Pasadena, California, reclaimed water project to obtain, store, and use reclaimed water in Pasadena and its service area, as well as neighboring communities.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
§390h–12j. Orange County Regional Water Reclamation Project
(a) Authorization
The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Orange County Regional Water Reclamation Project, to reclaim and reuse water within the service area of the Orange County Water District in California.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
Editorial Notes
Amendments
2009—
Subsec. (a).
§390h–12k. City of West Jordan Water Reuse Project
(a) Authorization
The Secretary, in cooperation with the City of West Jordan, Utah, is authorized to participate in the design, planning, and construction of the City of West Jordan Water Reuse Project to recycle and reuse water in its service area from the South Valley Water Reclamation Facility Discharge Waters in Utah.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
§390h–12l. Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility
(a) Authorization
The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
§390h–12m. Mission Basin Brackish Groundwater Desalting Demonstration Project
(a) Authorization
The Secretary, in cooperation with the City of Oceanside, is authorized to participate in the design, planning, and construction of a 3,000,000 gallon per day expansion of the Mission Basin Brackish Groundwater Desalting Demonstration Project in Oceanside, California.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
§390h–12n. Treatment of effluent from sanitation districts of Los Angeles County through city of Long Beach
(a) Authorization
The Secretary, in cooperation with the Water Replenishment District of Southern California, the Orange County Water District in the State of California, and other appropriate authorities, is authorized to participate in the design, planning, and construction of water reclamation and reuse projects to treat approximately 10,000 acre-feet per year of effluent from the sanitation districts of Los Angeles County through the city of Long Beach.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
§390h–12o. San Joaquin Area Water Recycling and Reuse Project
(a) Authorization
The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the San Joaquin Area Water Recycling and Reuse Project, in cooperation with the City of Tracy, and consisting of participating projects which will reclaim and reuse water within the County of San Joaquin in California.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
§390h–12p. Tooele Wastewater Treatment and Reuse Project
(a) Authorization
The Secretary, in cooperation with Tooele City, Utah, is authorized to participate in the design, planning, and construction of the Tooele Wastewater Treatment and Reuse Project.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).
(
§390h–13. Authorization of appropriations
(a) In general
There are authorized to be appropriated such sums as may be necessary to carry out the purposes and provisions of
(b) Prerequisite cost-sharing agreement
(1) Funds may not be appropriated for the construction of any project authorized by
(A) an appraisal investigation and a feasibility study that complies with the provisions of
(B) the Secretary has determined that the non-Federal project sponsor is financially capable of funding the non-Federal share of the project's costs; and
(C) the Secretary has approved a cost-sharing agreement with the non-Federal project sponsor which commits the non-Federal project sponsor to funding its proportionate share of the project's construction costs on an annual basis.
(2) The requirements of paragraph (1) shall not apply to those projects authorized by
(c) Congressional notification
The Secretary shall notify the Committees on Resources and Appropriations of the House of Representatives and the Committees on Energy and Natural Resources and Appropriations of the Senate within 30 days after the signing of a cost-sharing agreement pursuant to subsection (b) that such an agreement has been signed and that the Secretary has determined that the non-Federal project sponsor is financially capable of funding the project's non-Federal share of the project's costs.
(d) Ceiling on Federal share
(1) Notwithstanding any other provision of
(2)(A) Subject to subparagraph (B), in the case of any project authorized by
(B) In the case of the San Gabriel Basin demonstration project authorized by
(i) the amount that applies to that project under subparagraph (A); and
(ii) $6,500,000.
(
Editorial Notes
References in Text
Amendments
2004—Subsec. (d)(2).
1996—
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§390h–14. Groundwater study
(a) Investigation, analysis, and report
In furtherance of the High Plains Groundwater Demonstration Program Act of 1983 (
(1) a description of the findings of the investigation and analysis, including the methodology employed;
(2) a description of methods for optimizing Bureau of Reclamation project operations to ameliorate adverse impacts on groundwater,1 and
(3) the Secretary's recommendations, along with the recommendations of the Governors of the affected States, concerning the establishment of a groundwater management and technical assistance program in the Department of the Interior in order to assist Federal and non-Federal entity development and implementation of groundwater management plans and activities.
(b) Consultation with Governors
In conducting the investigation and analysis, and in preparation of the report referred to in this section, the Secretary shall consult with the Governors of the affected States.
(c) Report
The report shall be submitted to the Committees on Appropriations and Natural Resources of the House of Representatives and the Committees on Appropriations and Energy and Natural Resources of the Senate within three years of the appropriation of funds authorized by
(
Editorial Notes
References in Text
The High Plains Groundwater Demonstration Program Act of 1983, referred to in subsec. (a), is
Amendments
1996—Subsec. (c).
1994—Subsec. (c).
Statutory Notes and Related Subsidiaries
Change of Name
Geological Survey redesignated United States Geological Survey by provision of title I of
1 So in original. The comma probably should be a semicolon.
§390h–15. Authorization of appropriations
There is authorized to be appropriated for fiscal years beginning after September 30, 1992, $4,000,000 to carry out the study authorized by
(
Editorial Notes
Amendments
1996—
§390h–16. Willow Lake Natural Treatment System Project
(a) Authorization
The Secretary, in cooperation with the city of Salem, Oregon, is authorized to participate in the design, planning, and construction of the Willow Lake Natural Treatment System Project to reclaim and reuse wastewater within and without the service area of the city of Salem.
(b) Cost share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(
§390h–17. Lakehaven, Washington, Water Reclamation and Reuse Project
(a) Authorization
The Secretary, in cooperation with the Lakehaven Utility District, Washington, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the Lakehaven Utility District.
(b) Cost share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(
§390h–17a. Transferred
Editorial Notes
Codification
Section,
§390h–18. Irvine basin groundwater and surface water improvement projects
(a) Authorization
The Secretary, in cooperation with the Irvine Ranch Water District, California, is authorized to participate in the design, planning, and construction of projects to naturally treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the San Diego Creek Watershed.
(b) Cost share
The Federal share of the costs of the projects authorized by this section shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation or maintenance of a project authorized by this section.
(
Editorial Notes
Prior Provisions
Another section 1636 of
§390h–19. Williamson County, Texas, water recycling and reuse project
(a) Authorization
The Secretary, in cooperation with the Lower Colorado River Authority, Texas, is authorized to participate in the design, planning, and construction of permanent facilities to reclaim and reuse water in Williamson County, Texas.
(b) Cost share
The Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost.
(c) Limitation
The Secretary shall not provide funds for the operation and maintenance of the project described in subsection (a).
(
Editorial Notes
Codification
Section was formerly classified to
§390h–20. Hawaii reclamation projects
(a) Authorization
The Secretary may—
(1) in cooperation with the Board of Water Supply, City and County of Honolulu, Hawaii, participate in the design, planning, and construction of a project in Kalaeloa, Hawaii, to desalinate and distribute seawater for direct potable use within the service area of the Board;
(2) in cooperation with the County of Hawaii Department of Environmental Management, Hawaii, participate in the design, planning, and construction of facilities in Kealakehe, Hawaii, for the treatment and distribution of recycled water and for environmental purposes within the County; and
(3) in cooperation with the County of Maui Wastewater Reclamation Division, Hawaii, participate in the design, planning, and construction of, and acquire land for, facilities in Lahaina, Hawaii, for the distribution of recycled water from the Lahaina Wastewater Reclamation Facility for non-potable uses within the County.
(b) Cost share
The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost of the project.
(c) Limitation
Funds provided by the Secretary shall not be used for the operation and maintenance of a project described in subsection (a).
(d) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
(
§390h–21. Inland Empire regional water recycling project
(a) In general
The Secretary, in cooperation with the Inland Empire Utilities Agency, may participate in the design, planning, and construction of the Inland Empire regional water recycling project described in the report submitted under
(b) Cost sharing
The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project.
(c) Limitation
Funds provided by the Secretary shall not be used for operation and maintenance of the project described in subsection (a).
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section, $20,000,000.
(
Editorial Notes
Codification
Section is based on section "16——" of
§390h–22. Omitted
Editorial Notes
Codification
Section,
Section was based on section "16——" of
§390h–23. Southern California desert region integrated water and economic sustainability plan
(a) Authorization
The Secretary, in cooperation with the Mojave Water Agency is authorized to participate in the design, planning, and construction of projects to implement the "Mojave Water Agency's Integrated Regional Water Management Plan".
(b) Cost share
The Federal share of the costs of the projects authorized by this section shall not exceed 25 percent of the total cost.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section, $20,000,000.
(
Editorial Notes
Codification
Section is based on section "16——" of
Statutory Notes and Related Subsidiaries
Limitation on Funds; Credits Toward Non-Federal Share
"(c)
"(d)
§390h–24. Omitted
Editorial Notes
Codification
Section,
§390h–25. Mountain View, Moffett Area reclaimed water pipeline project
(a) Authorization
The Secretary, in cooperation with the City of Palo Alto, California, and the City of Mountain View, California, is authorized to participate in the design, planning, and construction of recycled water distribution systems.
(b) Cost share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $5,000,000.
(
§390h–26. Pittsburg recycled water project
(a) Authorization
The Secretary, in cooperation with the City of Pittsburg, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities.
(b) Cost share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $1,750,000.
(
§390h–27. Antioch recycled water project
(a) Authorization
The Secretary, in cooperation with the City of Antioch, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities.
(b) Cost share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $2,250,000.
(
§390h–28. North Coast County Water District recycled water project
(a) Authorization
The Secretary, in cooperation with the North Coast County Water District, is authorized to participate in the design, planning, and construction of recycled water system facilities.
(b) Cost share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $2,500,000.
(
§390h–29. Redwood City recycled water project
(a) Authorization
The Secretary, in cooperation with the City of Redwood City, California, is authorized to participate in the design, planning, and construction of recycled water system facilities.
(b) Cost share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $1,100,000.
(
§390h–30. South Santa Clara County recycled water project
(a) Authorization
The Secretary, in cooperation with the South County Regional Wastewater Authority and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water system distribution facilities.
(b) Cost share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $7,000,000.
(
§390h–31. South Bay advanced recycled water treatment facility
(a) Authorization
The Secretary, in cooperation with the City of San Jose, California, and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water treatment facilities.
(b) Cost share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $8,250,000.
(
§390h–32. Rancho California Water District project, California
(a) Authorization
The Secretary, in cooperation with the Rancho California Water District, California, may participate in the design, planning, and construction of permanent facilities for water recycling, demineralization, and desalination, and distribution of non-potable water supplies in Southern Riverside County, California.
(b) Cost sharing
The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project or $20,000,000, whichever is less.
(c) Limitation
Funds provided by the Secretary under this section shall not be used for operation or maintenance of the project described in subsection (a).
(
§390h–33. Elsinore Valley Municipal Water District projects, California
(a) Authorization
The Secretary, in cooperation with the Elsinore Valley Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish recycled water distribution and wastewater treatment and reclamation facilities that will be used to treat wastewater and provide recycled water in the Elsinore Valley Municipal Water District, California.
(b) Cost sharing
The Federal share of the cost of each project described in subsection (a) shall not exceed 25 percent of the total cost of the project.
(c) Limitation
Funds provided by the Secretary under this section shall not be used for operation or maintenance of the projects described in subsection (a).
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $12,500,000.
(
§390h–34. North Bay Water Reuse Program
(a) Definitions
In this section:
(1) Eligible entity
The term "eligible entity" means a member agency of the North Bay Water Reuse Authority of the State located in the North San Pablo Bay watershed in—
(A) Marin County;
(B) Napa County;
(C) Solano County; or
(D) Sonoma County.
(2) Water reclamation and reuse project
The term "water reclamation and reuse project" means a project carried out by the Secretary and an eligible entity in the North San Pablo Bay watershed relating to—
(A) water quality improvement;
(B) wastewater treatment;
(C) water reclamation and reuse;
(D) groundwater recharge and protection;
(E) surface water augmentation; or
(F) other related improvements.
(3) State
The term "State" means the State of California.
(b) North Bay Water Reuse Program
(1) In general
Contingent upon a finding of feasibility, the Secretary, acting through a cooperative agreement with the State or a subdivision of the State, is authorized to enter into cooperative agreements with eligible entities for the planning, design, and construction of water reclamation and reuse facilities and recycled water conveyance and distribution systems.
(2) Coordination with other Federal agencies
In carrying out this section, the Secretary and the eligible entity shall, to the maximum extent practicable, use the design work and environmental evaluations initiated by—
(A) non-Federal entities; and
(B) the Corps of Engineers in the San Pablo Bay Watershed of the State.
(3) Phased project
A cooperative agreement described in paragraph (1) shall require that the North Bay Water Reuse Program carried out under this section shall consist of 2 phases as follows:
(A) First phase
During the first phase, the Secretary and an eligible entity shall complete the planning, design, and construction of the main treatment and main conveyance systems.
(B) Second phase
During the second phase, the Secretary and an eligible entity shall complete the planning, design, and construction of the sub-regional distribution systems.
(4) Cost sharing
(A) Federal share
The Federal share of the cost of the first phase of the project authorized by this section shall not exceed 25 percent of the total cost of the first phase of the project.
(B) Form of non-Federal share
The non-Federal share may be in the form of any in-kind services that the Secretary determines would contribute substantially toward the completion of the water reclamation and reuse project, including—
(i) reasonable costs incurred by the eligible entity relating to the planning, design, and construction of the water reclamation and reuse project; and
(ii) the acquisition costs of land acquired for the project that is—
(I) used for planning, design, and construction of the water reclamation and reuse project facilities; and
(II) owned by an eligible entity and directly related to the project.
(C) Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(5) Effect
Nothing in this section—
(A) affects or preempts—
(i) State water law; or
(ii) an interstate compact relating to the allocation of water; or
(B) confers on any non-Federal entity the ability to exercise any Federal right to—
(i) the water of a stream; or
(ii) any groundwater resource.
(6) Authorization of appropriations
There is authorized to be appropriated for the Federal share of the total cost of the first phase of the project authorized by this section $25,000,000, to remain available until expended.
(
§§390h–35 to 390h–37. Omitted
Editorial Notes
Codification
Section 390h–35,
Section 390h–36,
Section 390h–37,
§390h–38. Yucaipa Valley regional water supply renewal project
(a) Authorization
The Secretary, in cooperation with the Yucaipa Valley Water District, may participate in the design, planning, and construction of projects to treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the Santa Ana Watershed as described in the report submitted under
(b) Cost sharing
The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project.
(c) Limitation
Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a).
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $20,000,000.
(
§390h–39. City of Corona Water Utility, California, water recycling and reuse project
(a) Authorization
The Secretary, in cooperation with the City of Corona Water Utility, California, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the City of Corona Water Utility, California.
(b) Cost share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
(c) Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
(
SUBCHAPTER I–A—RECLAMATION REFORM
§390aa. Congressional declaration of purpose; short title
This subchapter shall amend and supplement the Act of June 17, 1902, and Acts supplementary thereto and amendatory thereof (
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title II (§§201–230) of
Act of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093,
§390bb. Definitions
As used in this subchapter:
(1) The term "contract" means any repayment or water service contract between the United States and a district providing for the payment of construction charges to the United States including normal operation, maintenance, and replacement costs pursuant to Federal reclamation law.
(2) The term "district" means any individual or any legal entity established under State law which has entered into a contract or is eligible to contract with the Secretary for irrigation water.
(3)(A) The term "full cost" means an annual rate as determined by the Secretary that shall amortize the expenditures for construction properly allocable to irrigation facilities in service, including all operation and maintenance deficits funded, less payments, over such periods as may be required under Federal reclamation law or applicable contract provisions, with interest on both accruing from October 12, 1982, on costs outstanding at that date, or from the date incurred in the case of costs arising subsequent to October 12, 1982: Provided, That operation, maintenance, and replacement charges required under Federal reclamation law, including this subchapter, shall be collected in addition to the full cost charge.
(B) The interest rate used for expenditures made on or before October 12, 1982, shall be determined by the Secretary of the Treasury on the basis of the weighted average yield of all interest bearing, marketable issues sold by the Treasury during the fiscal year in which the expenditures by the United States were made, but shall not be less than 7½ per centum per annum.
(C) The interest rate used for expenditures made after October 12, 1982, shall be determined by the Secretary of the Treasury on the basis of the arithmetic average of—
(i) the rate as of the beginning of the fiscal year in which expenditures are made on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issuance; and
(ii) the weighted average yield on all interest-bearing, marketable issues sold by the Treasury during the fiscal year preceding the fiscal year in which the expenditures are made.
(4) The term "individual" means any natural person, including his or her spouse, and including other dependents thereof within the meaning of the Internal Revenue Code of 1986 (
(5) The term "irrigation water" means water made available for agricultural purposes from the operation of reclamation project facilities pursuant to a contract with the Secretary.
(6) The term "landholding" means total irrigable acreage of one or more tracts of land situated in one or more districts owned or operated under a lease which is served with irrigation water pursuant to a contract with the Secretary. In determining the extent of a landholding the Secretary shall add to any landholding held directly by a qualified or limited recipient that portion of any landholding held indirectly by such qualified or limited recipient which benefits that qualified or limited recipient in proportion to that landholding.
(7) The term "limited recipient" means any legal entity established under State or Federal law benefiting more than twenty-five natural persons.
(8) The term "project" means any reclamation or irrigation project, including incidental features thereof, authorized by Federal reclamation law, or constructed by the United States pursuant to such law, or in connection with which there is a repayment or water service contract executed by the United States pursuant to such law, or any project constructed by the Secretary through the Bureau of Reclamation for the reclamation of lands.
(9) The term "qualified recipient" means an individual who is a citizen of the United States or a resident alien thereof or any legal entity established under State or Federal law which benefits twenty-five natural persons or less.
(10) The term "recordable contract" means a contract between the Secretary and a landowner in writing capable of being recorded under State law providing for the sale or disposition of lands held in excess of the ownership limitations of Federal reclamation law including this subchapter.
(11) The term "Secretary" means the Secretary of the Interior.
(
Editorial Notes
References in Text
Federal reclamation law, referred to in pars. (1), (3)(A), (8), and (10), is defined in
Amendments
1986—Par. (4).
§390cc. New or amended contracts
(a) Generally
The provisions of this subchapter shall be applicable to any district which—
(1) enters into a contract with the Secretary subsequent to October 12, 1982;
(2) enters into any amendment of its contract with the Secretary subsequent to October 12, 1982, which enables the district to receive supplemental or additional benefits; or
(3) which amends its contract for the purpose of conforming to the provisions of this subchapter.
(b) Amendment of existing contracts
Any district which has an existing contract with the Secretary as of October 12, 1982, which does not enter into an amendment of such contract as specified in subsection (a) shall be subject to Federal reclamation law in effect immediately prior to October 12, 1982, as that law is amended or supplemented by
(c) Election by qualified or limited recipients in absence of amendment to contract
In the absence of an amendment to a contract, as specified in subsection (a), a qualified recipient or limited recipient may elect to be subject to the provisions of this subchapter by executing an irrevocable election in a form approved by the Secretary to comply with this subchapter. The district shall thereupon deliver irrigation water to and collect from such recipient, for the credit of the United States, the additional charges required by this subchapter and assignable to the recipient making the election.
(d) Consent of non-Federal party
Amendments to contracts which are not required by the provisions of this subchapter shall not be made without the consent of the non-Federal party.
(
Editorial Notes
References in Text
Federal reclamation law, referred to in subsec. (b), is defined in
§390dd. Limitation on ownership
Except as provided in
(1) a qualified recipient for use in the irrigation of lands owned by such qualified recipient in excess of nine hundred and sixty acres of class I lands or the equivalent thereof; or
(2) a limited recipient for the use in the irrigation of lands owned by such limited recipient in excess of six hundred and forty acres of class I lands or the equivalent thereof;
whether situated in one or more districts.
(
§390ee. Pricing
(a) Delivery of irrigation water at full cost
Notwithstanding any other provision of law, any contract with a district entered into by the Secretary as specified in
(1) a landholding in excess of nine hundred and sixty acres of class I lands or the equivalent thereof for a qualified recipient,1
(2) a landholding in excess of three hundred and twenty acres of class I land or the equivalent thereof for a limited recipient receiving irrigation water on or before October 1, 1981; and
(3) the entire landholding of a limited recipient not receiving irrigation water on or before October 1, 1981: Provided, That the interest rate used in computing full cost under this paragraph shall be determined by the Secretary of the Treasury on the basis of the arithmetic average of—
(A) the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issuance; and
(B) the weighted average of market yields on all interest-bearing, marketable issues sold by the Treasury
during the fiscal year preceding the fiscal year in which the expenditures are made, or October 12, 1982, for expenditures made before October 12, 1982.
(b) Delivery of irrigation water at prior terms and conditions
Any contract with a district entered into by the Secretary as specified in
(c) Delivery of irrigation water to lands under recordable contracts
Notwithstanding any extension of time of any recordable contract as provided in
(
Editorial Notes
References in Text
Federal reclamation law, referred to in subsec. (b), is defined in
1 So in original. The comma probably should be a semicolon.
§390ff. Certification of compliance
As a condition to the receipt of irrigation water for lands in a district which has a contract as specified in
(
§390gg. Equivalency
Upon the request of any district, the ownership and pricing limitations imposed by this subchapter shall apply to the irrigable lands classified within such district by the Secretary as having class I productive potential or the equivalent thereof in larger acreage of less productive potential, as determined by the Secretary, taking into account all factors which significantly affect productivity, including but not limited to topography, soil characteristics, length of growing season, elevation, adequacy of water supply, and crop adaptability.
(
§390hh. Operation and maintenance charges
(a) Price adequate to recover charges
The price of irrigation water delivered by the Secretary pursuant to a contract or an amendment to a contract with a district, as specified in
(b) Modification of price
Whenever a district enters into a contract or requests that its contract be amended as specified in
(c) Districts not operating from Federal funds
This section shall not apply to districts which operate and maintain project facilities and finance the operation and maintenance thereof from non-Federal funds.
(
§390ii. Disposition of excess lands
(a) Disposal of lands in excess of ownership limitations within reasonable time
Irrigation water made available in the operation of reclamation project facilities may not be delivered for use in the irrigation of lands held in excess of the ownership limitations imposed by Federal reclamation law, including this subchapter, unless and until the owners thereof shall have executed a recordable contract with the Secretary, in accordance with the terms and conditions required by Federal reclamation law, requiring the disposal of their interest in such excess lands within a reasonable time to be established by the Secretary. In the case of recordable contracts entered into prior to October 12, 1982, such reasonable time shall not exceed ten years after the recordable contract is executed by the Secretary. In the case of recordable contracts entered into after October 12, 1982, except as provided in
(b) Continued delivery of irrigation water to lands held in excess of ownership limitations
Lands held in excess of the ownership limitations imposed by Federal reclamation law, including this subchapter, which, on October 12, 1982, are, or are capable of, receiving delivery of irrigation water made available by the operation of existing reclamation project facilities may receive such deliveries only—
(1) if the disposal of the owner's interest in such lands is required by an existing recordable contract with the Secretary, or
(2) if the owners of such lands have requested that a recordable contract be executed by the Secretary.
(c) Amendment of existing recordable contracts
Recordable contracts existing on October 12, 1982, shall be amended at the request of the landowner to conform with the ownership limitations contained in this subchapter: Provided, That the time period for disposal of excess lands specified in the existing recordable contract shall not be extended except as provided in subsection (e).
(d) Power of attorney requirement in contracts; exercise of power by Secretary
Any recordable contract covering excess lands sales shall provide that a power of attorney shall vest in the Secretary to sell any excess lands not disposed of by the owners thereof within the period of time specified in the recordable contract. In the exercise of that power, the Secretary shall sell such lands through an impartial selection process only to qualified purchasers according to such reasonable rules and regulations as the Secretary may establish: Provided, That the Secretary shall recover for the owner the fair market value of the land unrelated to irrigation water deliveries plus the fair market value of improvements thereon.
(e) Extension of time for disposal of excess lands
In the event that the owner of any lands in excess of the ownership limitations of Federal reclamation law has heretofore entered into a recordable contract with the Secretary for the disposition of such excess lands and has been prevented from disposing of them because the Secretary may have withheld the processing or approval of the disposition of the lands (whether he may have been compelled to do so by court order or for other reasons), the period of time for the disposal of such lands by the owner thereof pursuant to the contract shall be extended from the date on which the Secretary again commences the processing or the approval of the disposition of such lands for a period which shall be equal to the remaining period of time under the recordable contract for the disposal thereof by the owner at the time the decision of the Secretary to withhold the processing or approval of such disposition first became effective.
(f) Eligibility of excess lands for irrigation water after disposition
Excess lands which have been or may be disposed of in compliance with Federal reclamation law, including this subchapter, shall not be considered eligible to receive irrigation water unless—
(1) they are held by nonexcess owners; and
(2) in the case of disposals made after October 12, 1982, their title is burdened by a covenant prohibiting their sale, for a period of ten years after their original disposal to comply with Federal reclamation law, including this subchapter, for values exceeding the sum of the value of newly added improvements and the value of the land as increased by market appreciation unrelated to the delivery of irrigation water. Upon expiration of the terms of such covenant, the title to such lands shall be freed of the burden of any limitations on subsequent sale values which might otherwise be imposed by the operation of
(
Editorial Notes
References in Text
Federal reclamation law, referred to in subsecs. (a), (b), (e), and (f), is defined in
§390jj. Water conservation
(a) Implementation of program by non-Federal recipients
The Secretary shall, pursuant to his authorities under otherwise existing Federal reclamation law, encourage the full consideration and incorporation of prudent and responsible water conservation measures in the operations of non-Federal recipients of irrigation water from Federal reclamation projects, where such measures are shown to be economically feasible for such non-Federal recipients.
(b) Development of plan
Each district that has entered into a repayment contract or water service contract pursuant to Federal reclamation law or the Water Supply Act of 1958, as amended (
(c) Coordination of ongoing programs; full public participation
The Secretary is authorized and directed to enter into memorandums of agreement with those Federal agencies having capability to assist in implementing water conservation measures to assure coordination of ongoing programs. Such memorandums should provide for involvement of non-Federal entities such as States, Indian tribes, and water user organizations to assure full public participation in water conservation efforts.
(
Editorial Notes
References in Text
Federal reclamation law, referred to in subsecs. (a) and (b), is defined in
The Water Supply Act of 1958, as amended, referred to in subsec. (b), is title III of
§390kk. Residency not required
Notwithstanding any other provision of law, irrigation water made available from the operation of reclamation project facilities shall not be withheld from delivery to any project lands for the reason that the owners, lessees, or operators do not live on or near them.
(
§390ll. Corps of Engineers projects
(a) Applicability of Federal reclamation laws
Notwithstanding any other provision of law, neither the ownership or pricing limitation provisions nor the other provisions of Federal reclamation law, including this subchapter, shall be applicable to lands receiving benefits from Federal water resources projects constructed by the United States Army Corps of Engineers, unless—
(1) the project has, by Federal statute, explicitly been designated, made a part of, or integrated with a Federal reclamation project; or
(2) the Secretary, pursuant to his authority under Federal reclamation law, has provided project works for the control or conveyance of an agricultural water supply for the lands involved.
(b) Payment of construction, operation, maintenance and administrative costs allocated to conservation or irrigation storage
Notwithstanding any other provision of this section to the contrary, obligations that require water users, pursuant to contracts with the Secretary, to repay the share of construction costs and to pay the share of the operation and maintenance and contract administrative costs of a Corps of Engineers project which are allocated to conservation storage or irrigation storage shall remain in effect.
(
Editorial Notes
References in Text
Federal reclamation law, referred to in subsec. (a), is defined in
§390mm. Repayment of construction charges
(a) Ownership and pricing limitations inapplicable when repayment obligation has been discharged
The ownership and full cost pricing limitations of this subchapter and the ownership limitations provided in any other provision of Federal reclamation law shall not apply to lands in a district after the obligation of a district for the repayment of the construction costs of the project facilities used to make project water available for delivery to such lands shall have been discharged by a district (or by a person within the district pursuant to a contract existing on October 12, 1982), by payment of periodic installments throughout a specified contract term, including individual or district accelerated payments where so provided in contracts existing on October 12, 1982.
(b) Certification of freedom from ownership and pricing limitations
(1) The Secretary shall provide, upon request of any owner of a landholding for which repayment has occurred, a certificate acknowledging that the landholding is free of the ownership or full cost pricing limitation of Federal reclamation law. Such certificate shall be in a form suitable for entry in the land records of the county in which such landholding is located.
(2) Any certificate issued by the Secretary prior to October 12, 1982, acknowledging that the landholding is free of the acreage limitation of Federal reclamation law is hereby ratified.
(c) Lump sum or accelerated repayment of construction costs
Nothing in this subchapter shall be construed as authorizing or permitting lump sum or accelerated repayment of construction costs, except in the case of a repayment contract which is in effect upon October 12, 1982, and which provides for such lump sum or accelerated repayment by an individual or district.
(
Editorial Notes
References in Text
Federal reclamation law, referred to in subsecs. (a) and (b), is defined in
§390nn. Trusts
(a) The ownership and full cost pricing limitations of this subchapter and the ownership limitations provided in any other provision of Federal reclamation law shall not apply to lands in a district which are held by an individual or corporate trustee in a fiduciary capacity for a beneficiary or beneficiaries whose interests in the lands served do not exceed the ownership and pricing limitations imposed by Federal reclamation law, including this subchapter.
(b) Lands placed in a revocable trust shall be attributable to the grantor if—
(1) the trust is revocable at the discretion of the grantor and revocation results in the title to such lands reverting either directly or indirectly to the grantor; or
(2) the trust is revoked or terminated by its terms upon the expiration of a specified period of time and the revocation or termination results in the title to such lands reverting either directly or indirectly to the grantor.
(
Editorial Notes
References in Text
Federal reclamation law, referred to in subsec. (a), is defined in
Amendments
1987—
§390oo. Temporary supplies of water
(a) Limitations inapplicable
Neither the ownership limitations of this subchapter nor the ownership limitations of any other provision of Federal reclamation law shall apply to lands which receive only a temporary, not to exceed one year, supply of water made possible as a result of—
(1) an unusually large water supply not otherwise storable for project purposes; or
(2) infrequent and otherwise unmanaged flood flows of short duration.
(b) Waiver of payment for temporary water supplies
The Secretary shall have the authority to waive payments for a supply of water described in subsection (a).
(
Editorial Notes
References in Text
Federal reclamation law, referred to in subsec. (a), is defined in
§390pp. Involuntary foreclosure
Neither the ownership limitations of this subchapter nor the ownership limitations of any other provision of Federal reclamation law shall apply to lands when the lands are acquired by involuntary foreclosure, or similar involuntary process of law, by bona fide conveyance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), by inheritance, or by devise: Provided, That such lands were eligible to receive irrigation water prior to such transfer of title or the mortgaged lands became ineligible to receive water after the mortgage is recorded but before it is acquired by involuntary foreclosure or similar involuntary process of law or by bona fide conveyance in satisfaction of mortgage: Provided further, That if, after acquisition, such lands are not qualified under Federal reclamation law, including this subchapter, they shall be furnished temporarily with an irrigation water supply for a period not exceeding five years from the effective date of such an acquisition, delivery of irrigation water thereafter ceasing until the transfer thereof to a landowner qualified under such laws: Provided further, That the provisions of
(
Editorial Notes
References in Text
Federal reclamation law, referred to in text, is defined in
§390qq. Isolated tracts
Neither the ownership limitations of this subchapter nor the ownership limitations of any other provision of Federal reclamation law shall apply to lands which are isolated tracts found by the Secretary to be economically farmable only if they are included in a larger farming operation but which may, as a result of their inclusion in that operation, cause it to exceed such ownership limitations.
(
Editorial Notes
References in Text
Federal reclamation law, referred to in text, is defined in
§390rr. Central Arizona Project
Lands receiving irrigation water pursuant to a contract with the Secretary as authorized under title III of the Colorado River Basin Project Act (
(
Editorial Notes
References in Text
The Colorado River Basin Project Act, referred to in text, is
Federal reclamation law, referred to in text, is defined in
§390ss. Religious or charitable organizations
An individual religious or charitable entity or organization (including but not limited to a congregation, parish, school, ward, or chapter) which is exempt from taxation under section 501 of the Internal Revenue Code of 1986, as amended (
(1) the agricultural produce and the proceeds of sales of such produce are directly used only for charitable purposes;
(2) said land is operated by said individual religious or charitable entity or organization (or subdivisions thereof); and
(3) no part of the net earnings of such religious or charitable entity or organization (or subdivision thereof) shall inure to the benefit of any private shareholder or individual.
(
Editorial Notes
Amendments
1986—
§390tt. Contract required
Irrigation water temporarily made available from reclamation facilities in excess of ordinary quantities not otherwise storable for project purposes or at times when such irrigation water would not have been available without the operations of those facilities, may be used for irrigation, municipal, or industrial purposes only to the extent covered by a contract requiring payment for the use of such irrigation water, executed in accordance with the Reclamation Project Act of 1939 [
(
Editorial Notes
References in Text
The Reclamation Project Act of 1939, referred to in text, is act Aug. 4, 1939, ch. 418,
Federal reclamation law, referred to in text, is defined in
§390uu. Waiver of sovereign immunity
Consent is given to join the United States as a necessary party defendant in any suit to adjudicate, confirm, validate, or decree the contractual rights of a contracting entity and the United States regarding any contract executed pursuant to Federal reclamation law. The United States, when a party to any suit, shall be deemed to have waived any right to plead that it is not amenable thereto by reason of its sovereignty, and shall be subject to judgments, orders, and decrees of the court having jurisdiction, and may obtain review thereof, in the same manner and to the same extent as a private individual under like circumstances. Any suit pursuant to this section may be brought in any United States district court in the State in which the land involved is situated.
(
Editorial Notes
References in Text
Federal reclamation law, referred to in text, is defined in
§390vv. Excess crop restrictions
(a) Report to Congress on production of surplus crops on acreage served by irrigation water
Within one year of October 12, 1982, the Secretary of Agriculture, with the cooperation of the Secretary of the Interior, shall transmit to the Congress a report on the production of surplus crops on acreage served by irrigation water. The report shall include—
(1) data delineating the production of surplus crops on lands served by irrigation water;
(2) the percentage of participation of farms served by irrigation water in set-aside programs, by acreage, crop, and State;
(3) the feasibility and appropriateness of requiring the participation in acreage set-aside programs of farms served by irrigation water and the costs of such a requirement; and
(4) any recommendations concerning how to coordinate national reclamation policy with agriculture policy to help alleviate recurring problems of surplus crops and low commodity prices.
(b) Restrictions prohibiting delivery of irrigation water for production of excess basic agricultural commodities
In addition, notwithstanding any other provision of law, in the case of any Federal reclamation project authorized before October 12, 1982, any restriction prohibiting the delivery of irrigation water for the production of excess basic agricultural commodities shall extend for a period no longer than ten years after the date of the initial authorization of such project.
(
§390ww. Administrative provisions
(a) Existing Federal reclamation law
The provisions of Federal reclamation law shall remain in full force and effect, except to the extent such law is amended by, or is inconsistent with, this subchapter.
(b) Existing statutory exemptions from ownership or pricing limitations of Federal reclamation law
Nothing in this subchapter shall repeal or amend any existing statutory exemptions from the ownership or pricing limitations of Federal reclamation law.
(c) Regulations; collection of necessary data
The Secretary may prescribe regulations and shall collect all data necessary to carry out the provisions of this subchapter and other provisions of Federal reclamation law.
(d) Omitted
(e) Sale of nonexcess land acquired into excess status pursuant to involuntary process of law, etc.
Any nonexcess land which is acquired into excess status pursuant to involuntary foreclosure or similar involuntary process of law, conveyance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), inheritance, or devise, may be sold at its fair market value without regard to any other provision of this subchapter or to
(f) Omitted
(g) Annual audit of compliance with reclamation laws
In addition to any other audit or compliance activities which may otherwise be undertaken, the Secretary of the Interior, or his designee, shall conduct a thorough audit of the compliance with the reclamation law of the United States, specifically including this subchapter, by legal entities and individuals subject to such law. At a minimum, the Secretary shall complete audits of those legal entities and individuals whose landholdings or operations exceed 960 acres within 3 years.
(h) Recordable contracts executed prior to October 12, 1982
The provisions of
(i) Collection of underpayment with interest for irrigation water
When the Secretary finds that any individual or legal entity subject to reclamation law, including this subchapter, has not paid the required amount for irrigation water delivered to a landholding pursuant to reclamation law, including this subchapter, he shall collect the amount of any underpayment with interest accruing from the date the required payment was due until paid. The interest rate shall be determined by the Secretary of the Treasury on the basis of the weighted average yield of all interest bearing marketable issues sold by the Treasury during the period of underpayment.
(
Editorial Notes
References in Text
The Federal reclamation law, referred to in subsecs. (a) to (c), is defined in
This subchapter, referred to in subsecs. (a) to (c) and (e), was in the original "this title", meaning title II (§§201–230) of
This subchapter, referred to in subsecs. (g) and (i), was in the original "this Act" and was translated as reading "this title". See note above.
Codification
Section is comprised of section 224 of
Amendments
1995—Subsec. (g).
1994—Subsec. (g).
1987—Subsecs. (g) to (i).
§390xx. Validation of contracts entered into prior to October 1, 1981
The provisions of any contract entered into prior to October 1, 1981, by the Secretary with a district, which define project or nonproject water, or describe the delivery of project water through nonproject facilities or nonproject water through project facilities to lands within the district, are hereby authorized and validated on the part of the United States.
(
§390yy. Leasing requirements
Notwithstanding any other provision of Federal reclamation law, including this subchapter, lands which receive irrigation water may be leased only if the lease instrument is—
(1) written; and
(2) for a term not to exceed ten years, including any exercisable options: Provided, however, That leases of lands for the production of perennial crops having an average life of more than ten years may be for periods of time equal to the average life of the perennial crop but in any event not to exceed twenty-five years.
(
Editorial Notes
References in Text
Federal reclamation law, referred to in text, is defined in
§390zz. Reporting
Any contracting entity subject to the ownership or pricing limitations of Federal reclamation law shall compile and maintain such records and information as the Secretary deems reasonably necessary to implement this subchapter and Federal reclamation law. On a date set by the Secretary following October 12, 1982, and annually thereafter, every such contracting entity shall provide in a form suitable to the Secretary such reports on the above matters as the Secretary may require.
(
Editorial Notes
References in Text
Federal reclamation law, referred to in text, is defined in
§390zz–1. Severability
If any provision of this subchapter or the applicability thereof to any person or circumstances is held invalid, the remainder of this subchapter and the application of such provision to other persons or circumstances shall not be affected thereby.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title II (§§201–230) of
SUBCHAPTER II—RECLAMATION FUND GENERALLY
§391. Establishment of "reclamation fund"
All moneys received from the sale and disposal of public lands in Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, beginning with the fiscal year ending June 30, 1901, including the surplus of fees and commissions in excess of allowances to officers designated by the Secretary of the Interior, and excepting the 5 per centum of the proceeds of the sales of public lands in the above States set aside by law for educational and other purposes, shall be, and the same are, reserved, set aside, and appropriated as a special fund in the Treasury to be known as the "reclamation fund", to be used in the examination and survey for and the construction and maintenance of irrigation works for the storage, diversion, and development of waters for the reclamation of arid and semiarid lands in the said States and Territories, and for the payment of all other expenditures provided for in this Act.
The provisions of the Act entitled "An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," approved June seventeenth, nineteen hundred and two, be, and the same are hereby, extended so as to include and apply to the State of Texas, American Samoa, Guam, the Northern Mariana Islands and the Virgin Islands..1
(June 17, 1902, ch. 1093, §1 (part),
Editorial Notes
References in Text
This Act, referred to in first par., and the Act entitled "An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," approved June seventeenth, nineteen hundred and two, referred to in second par., are 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
Codification
The first paragraph of this section is comprised of act June 17, 1902, and the second paragraph is comprised of act June 12, 1906, as amended.
Amendments
1986—
Statutory Notes and Related Subsidiaries
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Words "officers designated by the Secretary of the Interior" substituted for "registers" on authority of section 403 of Reorg. Plan No. 3 of 1946, set out as a note under
§391a. Advances to reclamation fund
The Secretary of the Treasury is authorized, upon request of the Secretary of the Interior and upon approval of the President, to transfer from time to time to the credit of the reclamation fund created by
(Mar. 3, 1931, ch. 435, §1,
Editorial Notes
References in 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
§391a–1. Increase in reclamation fund; reimbursement of advances from Treasury
The Secretary of the Treasury is authorized and directed to transfer to the credit of the reclamation fund, created by
(May 9, 1938, ch. 187,
Editorial Notes
References in Text
§391b. Omitted
Editorial Notes
Codification
Section, act Mar. 3, 1931, ch. 435, §2,
§392. Payments into reclamation fund of moneys received from entrymen and water right applicants
All moneys received from entrymen or applicants for water rights shall be paid into the reclamation fund.
(June 17, 1902, ch. 1093, §5,
Editorial Notes
Codification
Section is comprised of fourth sentence of section 5 of act June 17, 1902. First, second and fifth sentences of such section 5 were classified to
Statutory Notes and Related Subsidiaries
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see
§392a. Payment into reclamation fund of receipts from irrigation projects; transfer of power revenues to General Treasury after repayment of construction costs
All moneys received by the United States in connection with any irrigation projects, including the incidental power features thereof, constructed by the Secretary of the Interior through the Bureau of Reclamation, and financed in whole or in part with moneys heretofore or hereafter appropriated or allocated therefor by the Federal Government, shall be covered into the reclamation fund, except in cases where provision has been made by law or contract for the use of such revenues for the benefit of users of water from such project: Provided, That after the net revenues derived from the sale of power developed in connection with any of said projects shall have repaid those construction costs of such project allocated to power to be repaid by power revenues therefrom and shall no longer be required to meet the contractual obligations of the United States, then said net revenues derived from the sale of power developed in connection with such project shall, after the close of each fiscal year, be transferred to and covered into the General Treasury as "miscellaneous receipts": Provided further, That nothing in this section shall be construed to amend the Boulder Canyon Project Act (
(May 9, 1938, ch. 187,
Editorial Notes
References in Text
The Boulder Canyon Project Act (
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§393. Proceeds from sale of materials, etc.
There shall be covered into the reclamation fund the proceeds of the sales of material utilized for temporary work and structures in connection with the operations under the Act of June 17, 1902, known as the reclamation Act, as well as of the sales of all other condemned property which had been purchased under the provisions thereof, and also any moneys refunded in connection with the operations under said reclamation Act.
(Mar. 3, 1905, ch. 1459,
Editorial Notes
References in Text
Act of June 17, 1902, known as the reclamation Act, referred to in text, is act June 17, 1902, ch. 1093,
§394. Proceeds from sale of products of or leases of withdrawn or reserved lands
The proceeds heretofore or hereafter received from the lease of any lands reserved or withdrawn under the reclamation law or from the sale of the products therefrom shall be covered into the reclamation fund; and where such lands are affected by a reservation or withdrawal under some other law, the proceeds from the lease of land and the sale of products therefrom shall likewise be covered into the reclamation fund in all cases where such lands are needed for the protection or operation of any reservoir or other works constructed under the reclamation law, and such lands shall be and remain under the jurisdiction of the Secretary of the Interior.
(July 19, 1919, ch. 24,
Editorial Notes
References in Text
The reclamation law, referred to in text, is identified in act July 19, 1919, ch. 24,
§395. Contributions by State, municipality, etc.
All moneys received after March 4, 1921, from any State, municipality, corporation, association, firm, district, or individual for investigations, surveys, construction work, or any other development work incident thereto involving operations similar to those provided for by the reclamation law shall be covered into the reclamation fund and shall be available for expenditure for the purposes for which contributed in like manner as if said sums had been specifically appropriated for said purposes.
(Mar. 4, 1921, ch. 161,
Editorial Notes
References in Text
The reclamation law, referred to in text, is identified in act Mar. 4, 1921, ch. 161,
§396. Return of contributions to cooperative investigations of projects
On and after December 25, 1924, the Secretary of the Interior is authorized to receive moneys from any State, municipality, irrigation district, individual, or other interest, public or private, expend the same in connection with moneys appropriated by the United States for any cooperative investigation of the feasibility of reclamation projects, and return to the contributor any moneys so contributed in excess of the actual cost of that portion of the work properly chargeable to the contribution.
(Dec. 5, 1924, ch. 4, §1,
§397. Advances by Government for completion of projects initiated prior to June 25, 1910
To enable the Secretary of the Interior to complete Government reclamation projects begun prior to June 25, 1910, the Secretary of the Treasury is authorized, as of June 25, 1910, upon request of the Secretary of the Interior, to transfer from time to time to the credit of the reclamation fund created by
(June 25, 1910, ch. 407, §1,
§397a. Advances for operation and maintenance of projects
Any moneys which may have been heretofore or may be hereafter advanced for operation and maintenance of any project or any division of a project shall be covered into the reclamation fund and shall be available for expenditure for the purposes for which advanced in like manner as if said funds had been specifically appropriated for said purposes.
(Jan. 12, 1927, ch. 27,
§398. Sales of Government certificates to obtain funds for advances
For the purpose of providing the Treasury with funds for the advances to the reclamation fund, provided for in
(June 25, 1910, ch. 407, §2,
§399. Omitted
Editorial Notes
Codification
Section, acts June 25, 1910, ch. 407, §3,
§400. Advances as item of cost of construction and maintenance of project
All money placed to the credit of the reclamation fund in pursuance of
(June 25, 1910, ch. 407, §4,
Editorial Notes
References in Text
Codification
Section is comprised of first clause of section 4 of act June 25, 1910. Second clause of such section 4 is classified to
§401. Amounts collected from defaulting contractors and their sureties
Any amounts collected from defaulting contractors or their sureties, including collections heretofore made, in connection with contracts entered into under the reclamation law, either collected in cash or by deduction from amounts otherwise due such contractors, shall be covered into the reclamation fund and shall be credited to the project or operation for or on account of which such contract was made.
(June 6, 1930, ch. 410,
§402. Omitted
Editorial Notes
Codification
Section, acts Apr. 1, 1932, ch. 95, §10,
§§403, 404. Repealed. June 30, 1947, ch. 166, title II, §206(c), 61 Stat. 208
Section 403, acts May 12, 1933, ch. 25, title II, §36,
Section 404, act May 12, 1933, ch. 25, title II, §37,
SUBCHAPTER II–A—RECLAMATION WATER SETTLEMENTS FUND
§407. Reclamation Water Settlements Fund
(a) Establishment
There is established in the Treasury of the United States a fund, to be known as the "Reclamation Water Settlements Fund", consisting of—
(1) such amounts as are deposited to the Fund under subsection (b); and
(2) any interest earned on investment of amounts in the Fund under subsection (d).
(b) Deposits to Fund
(1) In general
For each of fiscal years 2020 through 2029, the Secretary of the Treasury shall deposit in the Fund, if available, $120,000,000 of the revenues that would otherwise be deposited for the fiscal year in the fund established by
(2) Availability of amounts
Amounts deposited in the Fund under paragraph (1) shall be made available pursuant to this section—
(A) without further appropriation; and
(B) in addition to amounts appropriated pursuant to any authorization contained in any other provision of law.
(c) Expenditures from Fund
(1) In general
(A) Expenditures
Subject to subparagraph (B), for each of fiscal years 2020 through 2034, the Secretary may expend from the Fund an amount not to exceed $120,000,000, plus the interest accrued in the Fund, for the fiscal year in which expenditures are made pursuant to paragraphs (2) and (3).
(B) Additional expenditures
The Secretary may expend more than $120,000,000 for any fiscal year if such amounts are available in the Fund due to expenditures not reaching $120,000,000 for prior fiscal years.
(2) Authority
The Secretary may expend money from the Fund to implement a settlement agreement approved by Congress that resolves, in whole or in part, litigation involving the United States, if the settlement agreement or implementing legislation requires the Bureau of Reclamation to provide financial assistance for, or plan, design, and construct—
(A) water supply infrastructure; or
(B) a project—
(i) to rehabilitate a water delivery system to conserve water; or
(ii) to restore fish and wildlife habitat or otherwise improve environmental conditions associated with or affected by, or located within the same river basin as, a Federal reclamation project that is in existence on March 30, 2009.
(3) Use for completion of project and other settlements
(A) Priorities
(i) First priority
(I) In general
The first priority for expenditure of amounts in the Fund during the entire period in which the Fund is in existence shall be for the purposes described in, and in the order of, clauses (i) through (iv) of subparagraph (B).
(II) Reserved amounts
The Secretary shall reserve and use amounts deposited into the Fund in accordance with subclause (I).
(ii) Other purposes
Any amounts in the Fund that are not needed for the purposes described in subparagraph (B) may be used for other purposes authorized in paragraph (2).
(B) Completion of project
(i) Navajo-Gallup water supply project
(I) In general
Subject to subclause (II), effective beginning January 1, 2020, if, in the judgment of the Secretary on an annual basis the deadline described in section 10701(e)(1)(A)(ix) 1 is unlikely to be met because a sufficient amount of funding is not otherwise available through appropriations made available pursuant to section 10609(a),1 the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the costs, and substantially complete as expeditiously as practicable, the construction of the water supply infrastructure authorized as part of the Project.
(II) Maximum amount
(aa) In general
Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $500,000,000 for the period of fiscal years 2020 through 2029.
(bb) Exception
The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clauses (ii) through (iv).
(ii) Other New Mexico settlements
(I) In general
Subject to subclause (II), effective beginning January 1, 2020, in addition to the funding made available under clause (i), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of implementing the Indian water rights settlement agreements entered into by the State of New Mexico in the Aamodt adjudication and the Abeyta adjudication, if such settlements are subsequently approved and authorized by an Act of Congress and the implementation period has not already expired.
(II) Maximum amount
The amount expended under subclause (I) shall not exceed $250,000,000.
(iii) Montana settlements
(I) In general
Subject to subclause (II), effective beginning January 1, 2020, in addition to funding made available pursuant to clauses (i) and (ii), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of implementing Indian water rights settlement agreements entered into by the State of Montana with the Blackfeet Tribe, the Crow Tribe, or the Gros Ventre and Assiniboine Tribes of the Fort Belknap Indian Reservation in the judicial proceeding entitled "In re the General Adjudication of All the Rights to Use Surface and Groundwater in the State of Montana", if a settlement or settlements are subsequently approved and authorized by an Act of Congress and the implementation period has not already expired.
(II) Maximum amount
(aa) In general
Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $350,000,000 for the period of fiscal years 2020 through 2029.
(bb) Exception
The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clause (i), (ii), and (iv).
(cc) Other funding
The Secretary shall ensure that any funding under this clause shall be provided in a manner that does not limit the funding available pursuant to clauses (i) and (ii).
(iv) Arizona settlement
(I) In general
Subject to subclause (II), effective beginning January 1, 2020, in addition to funding made available pursuant to clauses (i), (ii), and (iii), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of implementing an Indian water rights settlement agreement entered into by the State of Arizona with the Navajo Nation to resolve the water rights claims of the Nation in the Lower Colorado River basin in Arizona, if a settlement is subsequently approved and authorized by an Act of Congress and the implementation period has not already expired.
(II) Maximum amount
(aa) In general
Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $100,000,000 for the period of fiscal years 2020 through 2029.
(bb) Exception
The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clauses (i) through (iii).
(cc) Other funding
The Secretary shall ensure that any funding under this clause shall be provided in a manner that does not limit the funding available pursuant to clauses (i) and (ii).
(C) Reversion
If the settlements described in clauses (ii) through (iv) of subparagraph (B) have not been approved and authorized by an Act of Congress by December 31, 2019, the amounts reserved for the settlements shall no longer be reserved by the Secretary pursuant to subparagraph (A)(i) and shall revert to the Fund for any authorized use, as determined by the Secretary.
(d) Investment of amounts
(1) In general
The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals.
(2) Credits to Fund
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund.
(e) Transfers of amounts
(1) In general
The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments
Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
(f) Termination
On September 30, 2034—
(1) the Fund shall terminate; and
(2) the unexpended and unobligated balance of the Fund shall be transferred to the appropriate fund of the Treasury.
(
Editorial Notes
References in Text
Section 10701(e)(1)(A)(ix), referred to in subsec. (c)(3)(B)(i)(I), is section 10701(e)(1)(A)(ix) of
Section 10609(a), referred to in subsec. (c)(3)(B)(i)(I), is section 10609(a) of title X of
Statutory Notes and Related Subsidiaries
Compliance With Environmental Laws
"(a)
"(b)
"(1) the National Environmental Policy Act of 1969 (
"(2) the Endangered Species Act of 1973 (
Definitions
"(1)
"(2)
"(3)
"(4)
"(5)
"(A) is located within the Navajo Reservation or the State of New Mexico;
"(B) is held in trust by the United States; and
"(C) was originally granted to an individual member of the Nation by public land order or otherwise.
"(6)
"(7)
"(8)
"(9)
"(10)
"(11)
"(12)
"(13)
"(14)
"(15)
"(16)
"(17)
"(18)
"(19)
"(20)
"(21)
"(22)
"(A) the Hammond Conservancy District;
"(B) the Bloomfield Irrigation District; and
"(C) any other community ditch organization in the San Juan River basin in the State of New Mexico.
"(23)
"(24)
"(25)
"(26)
"(27)
"(28)
"(29)
"(30)
1 See References in Text note below.
SUBCHAPTER III—INSTITUTION AND CONSTRUCTION OF PROJECTS
§411. Surveys for, location, and construction of irrigation works generally
The Secretary of the Interior is authorized and directed to make examinations and surveys for, and to locate and construct, as herein provided, irrigation works for the storage, diversion, and development of waters, including artesian wells.
(June 17, 1902, ch. 1093, §2,
Editorial Notes
References in Text
Herein, referred to in text, means in act June 17, 1902, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of act June 17, 1902, to the Code, see Short Title note set out under
Prior Provisions
Provisions similar to those in this section were contained in acts Mar. 2, 1889, ch. 411, §1,
Amendments
1946—Act Aug. 7, 1946, struck out provisions requiring annual reports to Congress as to results of those examinations and surveys.
Statutory Notes and Related Subsidiaries
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see
§411a. Repealed. Feb. 28, 1929, ch. 374, §2, 45 Stat. 1406
Section, act June 28, 1926, ch. 704,
§411a–1. Authorization of appropriations for investigations of feasibility of reclamation projects
The sum of $125,000 annually is authorized to be appropriated for cooperative and miscellaneous investigations of the feasibility of reclamation projects.
(Feb. 21, 1923, ch. 101,
§411b. Employment of engineers, geologists, appraisers and economists for reclamation consultation work; compensation; retired Army and Navy officers as consulting engineers
The Secretary of the Interior is authorized, in his judgment and discretion, to employ for consultation purposes on important reclamation work ten consulting engineers, geologists, appraisers, and economists, at rates of compensation to be fixed by him, but not to exceed $50 per day for any engineer, geologist, appraiser, or economist so employed: Provided, That the total compensation paid to any engineer, geologist, appraiser, or economist during any fiscal year shall not exceed $5,000: Provided further, That notwithstanding the provisions of any other Act, retired officers of the Army or Navy may be employed by the Secretary of the Interior as consulting engineers in accordance with the provisions of this section.
(Feb. 28, 1929, ch. 374, §1,
Editorial Notes
Amendments
1966—
1944—Act Dec. 23, 1944, inserted third proviso.
1940—Act Apr. 22, 1940, provided for employment of appraisers and increased the number to be employed from five to ten.
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§412. Prerequisites to initiation of project or division of project
After December 5, 1924, no new project or new division of a project shall be approved for construction or estimates submitted therefor by the Secretary until information in detail shall be secured by him concerning the water supply, the engineering features, the cost of construction, land prices, and the probable cost of development, and he shall have made a finding in writing that it is feasible, that it is adaptable for actual settlement and farm homes, and that it will probably return the cost thereof to the United States.
(Dec. 5, 1924, ch. 4, §4, subsec. B,
Statutory Notes and Related Subsidiaries
Definitions
The definitions in
§413. Approval of project by President
After June 25, 1910, no irrigation project contemplated by the Act of June 17, 1902, shall be begun unless and until the same shall have been recommended by the Secretary of the Interior and approved by the direct order of the President of the United States.
(June 25, 1910, ch. 407, §4,
Editorial Notes
References in Text
Act of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093,
Codification
Section is comprised of second clause of section 4 of act June 25, 1910. First clause of such section 4 is classified to
§414. Appropriation for projects essential
Expenditures shall not be made for carrying out the purposes of the reclamation law except out of appropriations made annually by Congress therefor, and there shall annually, in the Budget, be submitted to Congress estimates of the amount of money necessary to be expended for carrying out any or all of the purposes authorized by the reclamation law, including the extension and completion of existing projects and units thereof and the construction of new projects. The annual appropriations made hereunder by Congress for such purposes shall be paid out of the reclamation fund provided for by the reclamation law.
(Aug. 13, 1914, ch. 247, §16,
Editorial Notes
References in Text
The reclamation law, referred to in text, is defined in
Codification
Words "there shall annually, in the Budget, be submitted to Congress" substituted for "the Secretary of the Interior shall annually in the regular Book of Estimates, submit to Congress" in view of the Budget and Accounting Act, 1921, act June 10, 1921, ch. 18,
§415. Receipts applicable to project generally
All moneys heretofore or hereafter refunded or received in connection with operations under the reclamation law, except repayments of construction and operation and maintenance charges, shall be a credit to the appropriation for the project or operation from or on account of which the collection is made and shall be available for expenditure in like manner as if said sum had been specifically appropriated for said project or operation.
(June 12, 1917, ch. 27,
Editorial Notes
References in Text
The reclamation law, referred to in text, is identified in act June 12, 1917, ch. 27,
§416. Laws applicable to withdrawn lands; restoration to entry
All lands entered and entries made under the homestead laws within areas so withdrawn during such withdrawal shall be subject to all the provisions, limitations, charges, terms, and conditions of this Act; that said surveys shall be prosecuted diligently to completion, and upon the completion thereof, and of the necessary maps, plans, and estimates of cost, the Secretary of the Interior shall determine whether or not said project is practicable and advisable, and if determined to be impracticable or unadvisable he shall thereupon restore said lands to entry.
(June 17, 1902, ch. 1093, §3,
Editorial Notes
References in 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
Said surveys, referred to in text, mean the surveys for contemplated irrigation works authorized by
Codification
Section is comprised of part of section 3 of act June 17, 1902. Remainder of such section 3 is classified to
Amendments
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Savings Provision
Amendment by
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see
§417. Reservation of easements in public lands for reclamation projects
Where, in the opinion of the Secretary, a right of way or easement of any kind over public land is required in connection with a project the Secretary may reserve the same to the United States by filing in the Bureau of Land Management and in the appropriate local land office copies of an instrument giving a description of the right of way or easement and notice that the same is reserved to the United States for Federal irrigation purposes under sections 371, 376, 377, 412, 417, 433, 438,1 462, 463,1 466, 473,1 474,1 478, 493, 494, 500, 501, and 526 of this title, in which event entry for such land and the patent issued therefor shall be subject to the right of way or easement so described in such instrument; and reference to each such instrument shall be made in the appropriate tract books and also in the patent.
(Dec. 5, 1924, ch. 4, §4, subsec. P,
Editorial Notes
References in Text
Statutory Notes and Related Subsidiaries
Definitions
The definitions in
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
"Bureau of Land Management" substituted for "General Land Office" on authority of section 403 of Reorg. Plan No. 3 of 1946, set out as a note under
1 See References in Text note below.
§418. Private lands within project; agreement as to disposal of excess over farm unit
Before any contract is let or work begun for the construction of any reclamation project adopted after August 13, 1914, the Secretary of the Interior shall require the owners of private lands thereunder to agree to dispose of all lands in excess of the area which he shall deem sufficient for the support of a family upon the land in question, upon such terms and at not to exceed such price as the Secretary of the Interior may designate; and if any landowner shall refuse to agree to the requirements fixed by the Secretary of the Interior, his land shall not be included within the project if adopted for construction.
(Aug. 13, 1914, ch. 247, §12,
§419. Contract for irrigation project; notice as to lands irrigable, unit of entry, and construction charges
Upon the determination that any irrigation project is practicable, the Secretary of the Interior may cause to be let contracts for the construction of the same, in such portions or sections as it may be practicable to construct and complete as parts of the whole project, providing the necessary funds for such portions or sections are available, and thereupon he shall give public notice of the lands irrigable under such project, and limit of area per entry, which limit shall represent the acreage which, in the opinion of the Secretary, may be reasonably required for the support of a family upon the lands in question; also of the charges which shall be made per acre upon the said entries, and upon lands in private ownership which may be irrigated by the waters of the said irrigation project, and the number of annual installments in which such charges shall be paid and the time when such payments shall commence: Provided, That in all construction work eight hours shall constitute a day's work.
(June 17, 1902, ch. 1093, §4,
Editorial Notes
Codification
Section is comprised of part of section 4 of act June 17, 1902. Remainder of such section 4 is classified to
Amendments
1956—Act May 10, 1956, substituted a period for the comma after "work" in proviso, and struck out "and no Mongolian labor shall be employed thereon."
Statutory Notes and Related Subsidiaries
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified, or repealed by the Submerged Lands Act, see
§420. Use of earth, timber, etc., from other public lands
In carrying out the provisions of the national irrigation law approved June 17, 1902, and in constructing works thereunder, the Secretary of the Interior is authorized to use and to permit the use by those engaged in the construction of works under said law, under rules and regulations to be prescribed by him, such earth, stone, and timber from the public lands of the United States as may be required in the construction of such works, and the Secretary of Agriculture is authorized to permit the use of earth, stone, and timber from the national forests of the United States for the same purpose, under rules and regulations to be prescribed by him.
(Feb. 8, 1905, ch. 552,
Editorial Notes
References in Text
The national irrigation law approved June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093,
Codification
Act Mar. 4, 1907 redesignated "forest reserves" as "national forests".
§421. Acquisition of lands for irrigation project; eminent domain
Where, in carrying out the provisions of this Act, it becomes necessary to acquire any rights or property, the Secretary of the Interior is authorized to acquire the same for the United States by purchase or by condemnation under judicial process, and to pay from the reclamation fund the sums which may be needed for that purpose, and it shall be the duty of the Attorney General of the United States upon every application of the Secretary of the Interior, under this Act, to cause proceedings to be commenced for condemnation within thirty days from the receipt of the application at the Department of Justice.
(June 17, 1902, ch. 1093, §7,
Editorial Notes
References in 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
Statutory Notes and Related Subsidiaries
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified, or repealed by the Submerged Lands Act, see
§421a. Construction of distribution and drainage systems by irrigation districts or public agencies
Distribution and drainage systems authorized to be constructed under the Federal reclamation laws may, in lieu of construction by the Secretary of the Interior (referred to in
(July 4, 1955, ch. 271, §1,
Editorial Notes
Amendments
1972—
§421b. Loans for construction of distribution and drainage systems; repayment contract; time period for repayment of loan; "irrigation district or other public agency" defined
To assist financially in the construction of the aforesaid local distribution and drainage systems by irrigation districts and other public agencies the Secretary is authorized, on application therefor by such irrigation districts or other public agencies, to make funds available on a loan basis from moneys appropriated for the construction of such distribution and drainage systems to any irrigation district or other public agency in an amount equal to the estimated construction cost of such system, contingent upon a finding by the Secretary that the loan can be returned to the United States in accordance with the general repayment provisions of
(July 4, 1955, ch. 271, §2,
Editorial Notes
References in Text
Act of June 3, 1960, referred to in text, is
Amendments
1972—
Statutory Notes and Related Subsidiaries
Sale of Bureau of Reclamation Loans
"(a)
"(b)
"(1) except to the extent that prepayment may have been authorized heretofore, relieve the borrower from the application of the provisions of Federal Reclamation law (Act of June 17, 1902 [
"(2) authorize the transfer of title to any federally owned facilities funded by the loans specified in subsection (a) of this section without a specific Act of Congress.
"(c)
"(d)
§421c. Conditions of loan for distribution and drainage systems; reconveyance by Secretary of lands, interests in lands, and distribution works heretofore conveyed to the United States; conditions of reconveyance; rights of way
The Secretary shall require, as conditions to any such loan, that the borrower contribute in money or materials, labor, lands, or interests in land, computed at their reasonable value, a portion not in excess of 10 per centum, of the construction cost of the distribution and drainage system (including all costs of acquiring lands and interests in land), that the plans for the system be in accord with sound engineering practices and be such as will achieve the purposes for which the system was authorized, and that the borrower agree to account in full in regard to all disbursements of borrowed funds and to return at once for application toward amortization of the loan all funds which are not expended in the construction of the distribution and drainage system. Every organization contracting for repayment of a loan under
(July 4, 1955, ch. 271, §3,
Editorial Notes
References in Text
The references in text to
Codification
"
Amendments
1991—
1972—
1956—Act May 14, 1956, provided that the Secretary, as conditions to loan, require borrower to account for disbursements of borrowed funds and return for application toward amortization of the loan all funds not expended in the construction of the distribution system, required, prior to the consummation of any loan, the transfer to the United States of titles to lands or interests in lands held by the borrower, and that titles to such lands, interests, and distribution works remain in United States until repayment, and provided for issuance of revocable permits for the use of lands owned by United States, in lieu of the formerly authorized actual conveyance to the districts of the rights-of-way.
1 See References in Text note below.
§421d. Effect on existing laws
Except as otherwise provided in
(July 4, 1955, ch. 271, §4,
Editorial Notes
Amendments
1972—
§421e. Municipal and industrial water supply delivery and distribution; allocation of loan funds; loan repayment contract requirements; rate of interest
Unless otherwise provided in the Act authorizing construction of the project, the delivery and distribution of municipal and industrial water supplies shall be deemed to be an authorized project purpose under
(July 4, 1955, ch. 271, §5, as added
§421f. Existing loan contracts; negotiation by Secretary of amendments
The Secretary is hereby authorized to negotiate amendments to existing water service and irrigation distribution system loan contracts to conform said contracts to the provisions of
(July 4, 1955, ch. 271, §6, as added
§421g. Existing rights unaffected
Nothing in
(July 4, 1955, ch. 271, §7, as added
§421h. Procedural and substantive requirements applicable to works financed by loans pursuant to sections 421a to 421h of this title
Works financed by loans made under
(July 4, 1955, ch. 271, §8, as added
Editorial Notes
References in Text
The Fish and Wildlife Coordination Act, referred to in text, is act Mar. 10, 1934, ch. 55,
The Federal Water Pollution Control Act, as amended, referred to in text, is act June 30, 1948, ch. 758, as amended generally by
The National Environmental Policy Act of 1969, referred to in text, is
§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,
Editorial Notes
References in Text
The national reclamation Act, referred to in text, probably means act June 17, 1902, ch. 1093,
SUBCHAPTER IV—CONSTRUCTION OF SMALL PROJECTS
§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,
Editorial Notes
References in Text
The Federal reclamation laws, referred to in text, are defined in
Amendments
1986—
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Separability
Act Aug. 6, 1956, ch. 972, §12,
§422b. Definitions
As used in this subchapter—
(a) The term "construction" shall include rehabilitation and betterment.
(b) The term "Federal reclamation laws" shall mean the Act of June 17, 1902 (
(c) The term "organization" shall mean a State or a department, agency, or political subdivision thereof or a conservancy district, irrigation district, water users' association, an agency created by interstate compact, or similar organization which has capacity to contract with the United States under the Federal reclamation laws.
(d) The term "project" shall mean (i) any complete irrigation project, or (ii) any multiple-purpose water resource project that is authorized or is eligible for authorization under the Federal reclamation laws, or (iii) any distinct unit of a project described in clause (i) and (ii) or (iv) any project for the drainage of irrigated lands, without regard to whether such lands are irrigated with water supplies developed pursuant to the Federal reclamation laws, or (v) any project for the rehabilitation and betterment of a project or distinct unit described in clauses (i), (ii), (iii), and (iv): Provided, That the estimated total cost of the project described in clause (i), (ii), (iii), (iv), or (v) does not exceed the maximum allowable estimated total project cost as determined by subsection (f) hereof: Provided further, That a project described in clause (i), (ii), or (iii) may consist of existing facilities as distinct from newly constructed facilities, and funds made available pursuant to this subchapter may be utilized to acquire such facilities subject to a determination by the Secretary that such facilities meet standards of design and construction which he shall promulgate and that the cost of such existing facilities represent less than fifty per centum of the cost of the project. Nothing contained in this subchapter shall preclude the making of more than one loan or grant, or combined loan and grant, to an organization so long as no two such loans or grants, or combinations thereof, are for the same project, as herein defined.
(e) The term "Secretary" shall mean the Secretary of the Interior.
(f) The maximum allowable estimated total project cost of a proposal submitted during any given calendar year shall be determined by the Secretary using the Bureau of Reclamation composite construction cost index for January of that year with $15,000,000 as the January 1971 base.
(Aug. 6, 1956, ch. 972, §2,
Editorial Notes
References in Text
Act of June 17, 1902, referred to in par. (b), 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
Amendments
1975—Subsec. (d).
Subsec. (f).
1971—Subsec. (d).
1966—Subsec. (d).
Statutory Notes and Related Subsidiaries
Retroactive Effect of 1966 Amendment
§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,
Editorial Notes
Amendments
1986—
§422d. Contents of proposals
(a) Plans and estimates; review by States; allocation of capital costs
Any proposal with respect to the construction of a project which has not theretofore been authorized for construction under the Federal reclamation laws shall set forth, among other things, a plan and estimated cost in detail comparable to those included in preauthorization reports required for a Federal reclamation project; shall have been submitted for review by the States of the drainage basin in which the project is located in like manner as provided in
(b) Lands and water rights; ownership; financing
(1) Every such proposal shall include a showing that the organization already holds or can acquire all lands and interests in land (except public and other lands and interests in land owned by the United States which are within the administrative jurisdiction of the Secretary and subject to disposition by him) and rights, pursuant to applicable State law, to the use of water necessary for the successful construction, operation, and maintenance of the project and that it is ready, able, and willing to finance otherwise than by loan and grant of Federal funds such portion of the cost of the project (which portion shall include all costs of acquiring lands, interests in land, and rights to the use of water), except as provided in
(2) The Secretary shall require each organization to contribute toward the cost of the project (other than by loan and/or grant of Federal funds) an amount equal to 25 percent or more of the allowable estimated cost of the project: Provided, That the Secretary, at his discretion, may reduce the amount of such contribution to the extent that he determines that the organization is unable to secure financing from other sources under reasonable terms and conditions, and shall include letters from lenders or other written evidence in support of any funding of an applicant's inability to secure such financing in any project proposal transmitted to the Congress: Provided further, That under no circumstances shall the Secretary reduce the amount of such contribution to less than 10 percent of the allowable estimated total project costs. In determining the amount of the contribution as required by this paragraph, the Secretary shall credit toward that amount the cost of investigations, surveys, engineering, and other services necessary to the preparation of proposals and plans for the project as required by the Secretary, and the costs of lands and rights-of-way required for the project, and the $5,000 fee described in
(c) Transmittal of findings and approval to Congress; certification of soil survey; reservation of land
At such time as a project is found by the Secretary and the Governor of the State in which it is located (or an appropriate State agency designated by him) to be financially feasible, is determined by the Secretary to constitute a reasonable risk under the provisions of this subchapter, and is approved by the Secretary, such findings and approval shall be transmitted to the Congress. Each project proposal transmitted by the Secretary to the Congress shall include a certification by the Secretary that an adequate soil survey and land classification has been made, or that the successful irrigability of those lands and their susceptibility to sustained production of agricultural crops by means of irrigation has been demonstrated in practice. Such proposal shall also include an investigation of soil characteristics which might result in toxic or hazardous irrigation return flows. The Secretary, at the time of submitting the project proposal to Congress or at the time of his determination that the requested project constitutes a reasonable risk under the provisions of this subchapter, may reserve from use or disposition inimical to the project any lands and interests in land owned by the United States which are within his administrative jurisdiction and subject to disposition by him and which are required for use by the project. Any such reservation shall expire at the end of two years unless the contract provided for in
(d) Amount of loan and/or grant; increase by Secretary
At the time of his submitting the project proposal to the Congress, or at any subsequent time prior to completion of construction of the project, including projects heretofore approved, the Secretary may increase the amount of the requested loan and/or grant to an amount within the maximum allowed by
(e) Appropriation; nonapplicability
No appropriation shall be made for financial participation in any such project prior to 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 calendar days to a day certain) from the date on which the Secretary's findings and approval are submitted to the Congress and then only if, within said sixty days, neither the Committee on Natural Resources of the House of Representatives nor the Committee on Energy and Natural Resources of the Senate disapproves the project proposal by committee resolution. The provisions of this subsection (e) shall not be applicable to proposals made under
(f) Consideration of financial feasibility, emergency, or urgent need; jurisdiction and control of project works and facilities
The Secretary shall give due consideration to financial feasibility, emergency, or urgent need for the project. All project works and facilities constructed under this subchapter shall remain under the jurisdiction and control of the local contracting organization subject to the terms of the repayment contract.
(Aug. 6, 1956, ch. 972, §4,
Editorial Notes
References in Text
The Federal reclamation laws, referred to in subsec. (a), are defined in
For the amendment of
Amendments
1994—Subsec. (e).
1986—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
1975—Subsec. (d).
Subsecs. (e), (f).
1971—Subsec. (e).
1966—Subsec. (a).
Subsec. (b).
1957—Subsec. (c).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by sections 304(a) and 305 of
Retroactive Effect of 1966 Amendment
Amendment by
§422e. Contract requirements
Upon approval of any project proposal by the Secretary under the provisions of
(a) the maximum amount of any loan to be made to the organization and the time and method of making the same available to the organization. Said loan shall not exceed the lesser of (1) two-thirds of the maximum allowable estimated total project cost as determined by
(b) the maximum amount of any grant to be accorded the organization. Said grant shall not exceed the sum of the following: (1) the costs of investigations, surveys, and engineering and other services necessary to the preparation of proposals and plans for the project allocable to fish and wildlife enhancement or public recreation; (2) one-half the costs of acquiring lands or interests therein to serve exclusively the purposes of fish and wildlife enhancement or public recreation, plus the costs of acquiring joint use lands and interests therein properly allocable to fish and wildlife enhancement and public recreation; (3) one-half the costs of basic public outdoor recreation facilities or facilities serving fish and wildlife enhancement purposes exclusively; (4) one-half the costs of construction of joint use facilities properly allocable to fish and wildlife enhancement or public recreation; (5) that portion of the estimated cost of constructing the project which, if it were constructed as a Federal reclamation project, would be properly allocable to functions, other than recreation and fish and wildlife enhancement and flood control, which are nonreimbursable under general provisions of law applicable to such projects; and (6) that portion of the estimated cost of constructing the project which is allocable to flood control and which would be nonreimbursable under general provisions of law applicable to projects constructed by the Secretary of the Army.1
(c) a plan of repayment by the organization of (1) the sums lent to it in not more than forty years from the date when the principal benefits of the project first become available; (2) interest, as determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the contract is executed, on the basis of the average market yields on outstanding marketable obligations of the United States with remaining periods of maturity comparable to the applicable reimbursement period of the project, adjusted to the nearest one-eighth of 1 percent on the unamortized balance of any portion of the loan—
(A) which is attributable to furnishing irrigation benefits in each particular year to land held in private ownership by a qualified recipient or by a limited recipient, as such terms are defined in
(B) which is allocated to domestic, industrial, or municipal water supply, commercial power, fish and wildlife enhancement, or public recreation except that portion of such allocation attributable to furnishing benefits to a facility operated by an agency of the United States, which portion shall bear no interest.1
(d) provision for operation of the project, if a grant predicated upon its performance of nonreimbursable functions is made, in accordance with regulations with respect thereto prescribed by the head of the Federal department or agency primarily concerned with those functions and, in the event of noncompliance with such regulations, for operation by the United States or for repayment to the United States of the amount of any such grant;
(e) such provisions as the Secretary shall deem necessary or proper to provide assurance of and security for prompt repayment of the loan and interest as aforesaid. The liability of the United States under any contract entered into pursuant to this subchapter shall be contingent upon the availability of appropriations to carry out the same, and every such contract shall so recite; and
(f) provisions conforming to the preference requirements contained in the proviso to
(Aug. 6, 1956, ch. 972, §5,
Editorial Notes
Amendments
1986—Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
1982—Subsec. (c)(2).
1980—Subsec. (c).
1975—Subsec. (a)(1).
1971—Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (b)(5).
Subsec. (c)(3).
1966—
1957—
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Retroactive Effect of 1966 Amendment
Amendment by
1 So in original. The period probably should be a semicolon.
§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
(Aug. 6, 1956, ch. 972, §6,
Editorial Notes
References in Text
The Federal reclamation laws, referred to in text, are defined in
§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
(Aug. 6, 1956, ch. 972, §7,
Editorial Notes
References in Text
The Federal reclamation laws, referred to in text, are defined in
§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 (
(Aug. 6, 1956, ch. 972, §8,
Editorial Notes
References in Text
The Fish and Wildlife Coordination Act (
Amendments
1986—
1966—
§422i. Rules and regulations
The Secretary is authorized to perform any and all acts and to make such rules and regulations as may be necessary or proper in carrying out the provisions of this subchapter.
(Aug. 6, 1956, ch. 972, §9,
§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
(Aug. 6, 1956, ch. 972, §10,
Editorial Notes
Codification
"October 27, 1986," substituted in text for "the date of enactment of this Act", meaning the date of enactment of
Amendments
1986—
1980—
1975—
1971—
1966—
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
§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,
Editorial Notes
References in Text
The Federal reclamation laws, referred to in text, are defined in
§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
(Aug. 6, 1956, ch. 972, §13, as added
§422l. Application of this subchapter to Hawaii
This subchapter as heretofore and hereafter amended, shall apply to the State of Hawaii.
(
Editorial Notes
Codification
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.
SUBCHAPTER V—ADMINISTRATION OF EXISTING PROJECTS
§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.