§422b — Title 43 Public Lands | U.S. Code

Summary

Defines important words used in this subchapter. Construction means building, fixing up, or improving works. Federal reclamation laws means the Act of June 17, 1902, and its amendments or supplements. Organization means a State, a state agency or political subdivision, or a local water group (like a conservancy district, irrigation district, water users’ association, or an agency created by interstate compact) that can sign a contract with the United States under those reclamation laws. Project means an irrigation project, a multi‑purpose water project authorized or eligible under the federal reclamation laws, a distinct unit of such a project, a drainage project for irrigated lands, or the rehabilitation/betterment of any of these — provided the project’s estimated total cost does not exceed the maximum set under subsection (f). Existing facilities can be used or bought if the Secretary of the Interior finds they meet standards the Secretary will create and if the cost of those existing facilities is less than 50 percent of the project cost. An organization may receive more than one loan or grant so long as no two are for the same project. The Secretary means the Secretary of the Interior. The yearly maximum allowable estimated total project cost is set 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.

Title 43, §422b

Public Lands — Source: USLM XML via OLRC

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 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto.

(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.

Notes & Related Subsidiaries

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 section 371 of this title and Tables.

Amendments

1975—Subsec. (d). Pub. L. 94–181, § 1(a), substituted provisions limiting the estimated cost of the project described in cls. (i), (ii), (iii), (iv), and (v) to the maximum allowable estimated total project cost as determined by subsection (f) of this section, for provisions limiting the estimated cost of such projects to $15,000,000, and inserted proviso relating to a project described in cl. (i), (ii), or (iii). Subsec. (f). Pub. L. 94–181, § 1(b), added subsec. (f). 1971—Subsec. (d). Pub. L. 92–167 redefined the size and character of projects which are eligible for approval under the program, increasing money limitation from $1,000,000 to $15,000,000 and making projects eligible, without being only for irrigation, for single purpose irrigation, single purpose drainage, multiple purpose, a distinct unit of the foregoing, or rehabilitation of any of the foregoing. 1966—Subsec. (d). Pub. L. 89–553 raised from $5,000,000 to $6,500,000 the maximum amount for a loan or grant for a particular project.

Statutory Notes and Related Subsidiaries

Retroactive Effect of 1966 Amendment Pub. L. 89–553, § 2, Sept. 2, 1966, 80 Stat. 377, provided that: “Nothing contained in this Act [amending this section and section 422d, 422e, 422h, and 422j of this title] shall be applicable to or affect in any way the terms on which any loan or grant has been made prior to the

Effective Date

of this Act [Sept. 2, 1966].”

§422b Definitions