43 U.S.C. § 390ww: Administrative provisions

Summary

Federal reclamation law stays in effect unless this subchapter changes or conflicts with it. Any existing legal exceptions to ownership or pricing limits also remain in place. The Secretary of the Interior may make rules and must collect the data needed to carry out this subchapter and other reclamation laws. Land that becomes "excess" because of involuntary foreclosure, payoff of a debt, inheritance, or devise can be sold at fair market value, even if other parts of this subchapter or section 423e would normally limit the sale; the same rule applies if mortgaged land becomes excess after the mortgage was recorded and is later taken by the lender. The Secretary must audit compliance and finish audits of anyone with over 960 acres within three years. Rules in section 390ee(c) apply to recordable contracts made before October 12, 1982, and any Department of the Interior decisions saying otherwise are revoked; however, the Secretary must not try to collect amounts that were due before December 22, 1987 under this subsection or section 390ee(c). If someone underpays for irrigation water, the Secretary must collect the unpaid amount plus interest from the date it was due; the Treasury Secretary sets the interest rate based on the weighted average yield of marketable Treasury securities sold during the underpayment period.

Title 43, §390ww

Public Lands, Source: USLM XML via OLRC

(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 section 423e of this title: Provided, That if the status of mortgaged land changes from nonexcess into excess after the mortgage is recorded and is subsequently acquired by the lender by involuntary foreclosure or similar involuntary process of law, by bona fide conveyance in satisfaction of the mortgage, such land may be sold at its fair market value.

(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 section 390ee(c) of this title are and have been applicable to all recordable contracts executed prior to October 12, 1982, and any decision, rule, or regulation promulgated by the Department of the Interior to the contrary is hereby revoked: Provided, That notwithstanding the provisions of subsection (i), the Secretary shall not seek reimbursement for any amounts due under this subsection or section 390ee(c) of this title which was due prior to December 22, 1987.

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal reclamation law, referred to in subsecs. (a) to (c), is defined in section 390aa of this title. This subchapter, referred to in subsecs. (a) to (c) and (e), was in the original “this title”, meaning title II (§§ 201–230) of Pub. L. 97–293, Oct. 12, 1982, 96 Stat. 1263, known as the Reclamation Reform Act of 1982, which enacted this subchapter, amended section 373a, 422e, 425b, and 485h of this title, and repealed section 383 of Title 25, Indians. For complete classification of title II to the Code, see Tables. 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 Pub. L. 97–293. Subsec. (d) of section 224 amended section 425 of this title. Subsec. (f) of section 224 repealed section 383 of Title 25, Indians, and amended section 385 of Title 25.

Amendments

1995—Subsec. (g). Pub. L. 104–66 struck out at end “The Secretary shall submit an annual written report to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources. Such report shall summarize the legal entities and individuals audited, the results of such audits, and the actions taken by the Secretary to correct any instances of noncompliance with the reclamation law.” 1994—Subsec. (g). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “House Committee on”. 1987—Subsecs. (g) to (i). Pub. L. 100–203 added subsecs. (g) to (i).

§390ww Administrative Provisions