43 U.S.C. § 390h–13: Authorization of…

Summary

Money may be appropriated as needed to carry out sections 390h through 390h–12p. Before federal money can be used to build any project under sections 390h to 390h–39, three things must happen: an appraisal and feasibility study that follows sections 390h–1(b) or 390h–2(c) must be finished; the Secretary must find the non-Federal project sponsor can pay its share; and a cost-sharing agreement must be approved that commits the sponsor to pay its part each year. Those three steps do not apply to projects that had funds provided before January 1, 1996. The Secretary must tell the House and Senate appropriations and relevant committees within 30 days after signing the cost-sharing agreement. The federal share of each individual project’s cost must not be more than $20,000,000 (October 1996 prices), except for projects with construction funds provided before January 1, 1996, where the federal share is limited to the amount listed as the “total Federal obligation” in the Bureau of Reclamation’s fiscal year 1997 budget justification (report of the March 27, 1996 House hearing). For the San Gabriel Basin demonstration project, the federal share may equal that listed amount plus $6,500,000.

Title 43, §390h–13

Public Lands, Source: USLM XML via OLRC

(a)In general

There are authorized to be appropriated such sums as may be necessary to carry out the purposes and provisions of sections 390h through 390h–12p of this title.

(b)Prerequisite cost-sharing agreement

(1)Funds may not be appropriated for the construction of any project authorized by sections 390h to 390h–39 of this title until after—

(A)an appraisal investigation and a feasibility study that complies with the provisions of section 390h–1(b) or 390h–2(c) of this title, as the case may be, have been completed by the Secretary or the non-Federal project sponsor;

(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 sections 390h to 390h–39 of this title for which funds were appropriated prior to January 1, 1996.

(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 sections 390h to 390h–39 of this title and except as provided by paragraph (2), the Federal share of the costs of each of the individual projects authorized by sections 390h to 390h–39 of this title shall not exceed $20,000,000 (October 1996 prices).

(2)(A)Subject to subparagraph (B), in the case of any project authorized by sections 390h to 390h–39 of this title for which construction funds were appropriated before January 1, 1996, the Federal share of the cost of such project may not exceed the amount specified as the “total Federal obligation” for that project in the budget justification made by the Bureau of Reclamation for fiscal year 1997, as contained in part 3 of the report of the hearing held on March 27, 1996, before the Subcommittee on Energy and Water Development of the Committee on Appropriations of the House of Representatives.

(B)In the case of the San Gabriel Basin demonstration project authorized by section 390h–12 of this title, the Federal share of the cost of such project may not exceed the sum determined by adding—

(i)the amount that applies to that project under subparagraph (A); and

(ii)$6,500,000.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 390h through 390h–12p of this title, referred to in subsec. (a), was in the original “sections 1601 through 1630 of this title” meaning sections 1601 through 1630 of title XVI of Pub. L. 102–575, which are classified to sections 390h to 390h–12p of this title and provisions set out as a note under section 390h of this title.

Amendments

2004—Subsec. (d)(2). Pub. L. 108–418 designated existing provisions as subpar. (A), substituted “Subject to subparagraph (B), in the case” for “In the case”, and added subpar. (B). 1996—Pub. L. 104–266 designated existing provisions as subsec. (a), substituted “300h–12p” for “300h–12”, and added subsecs. (b) to (d).

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–13 Authorization of Appropriations