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Title 43 — Public LandsRelease 119-73not60

§504 Rehabilitation and Betterment of Federal Reclamation Projects, Including Small Reclamation Proj­ects; Return of Costs; Interest; Definitions; Performance of Work

Title 43 › Chapter 12— RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter XI— MAINTENANCE AND OPERATION OF WORKS GENERALLY › § 504

Last updated Apr 5, 2026|Official source

Summary

Money specifically set aside to fix up or improve federal irrigation projects can only be spent after the local organization agrees to pay the money back. The repayment plan must match what the organization can afford, as the Secretary of the Interior decides, and should be scheduled with their regular construction payments when possible. Loans for small reclamation projects must include interest under the Small Reclamation Projects Act. The Secretary’s repayment decision does not take effect until 60 days after he sends it to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources, unless both committees agree in writing to let it start earlier. If Congress is not in session, the decision can start sooner only if the Secretary finds substantial hardship and the chair and ranking minority member of each committee send written approval. "Rehabilitation and betterment" here means maintenance and needed replacements that cannot be paid from regular operation and maintenance funds. It does not mean construction costs that are repaid through construction charges. The work can be done by outside contract, by federal workers, or by a contract that lets the local organization do the work, under any reasonable conditions the Secretary requires to protect the United States.

Full Legal Text

Title 43, §504

Public Lands — Source: USLM XML via OLRC

Expenditures of funds hereafter specifically appropriated for rehabilitation and betterment of any project constructed under authority of the Small Reclamation Projects Act (Act of August 6, 1956, 70 Stat. 1044, and Acts amendatory thereof and supplementary thereto) [43 U.S.C. 422a et seq.] and of irrigation systems on projects governed by the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), shall be made only after the organizations concerned shall have obligated themselves for the return thereof, in installments fixed in accordance with their ability to pay, as determined by the Secretary of the Interior in the light of their outstanding repayment obligations, and which shall, to the fullest practicable extent, be scheduled for return with their construction charge installments or otherwise scheduled as he shall determine: Provided, That repayment of such loans made for small reclamation projects shall include interest in accordance with the provisions of said Small Reclamation Projects Act. No such determination of the Secretary of the Interior shall become effective until the expiration of sixty days after it has been submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; except that, any such determination may become effective prior to the expiration of such sixty days in any case in which each such committee approves an earlier date and notifies the Secretary in writing, of such approval: Provided, That when Congress is not in session the Secretary’s determination, if accompanied by a finding by the Secretary that substantial hardship to the water users concerned or substantial further injury to the project works will result, shall become effective when the chairman and ranking minority member of each such committee shall file with the Secretary their written approval of said findings. The term “rehabilitation and betterment”, as used in this section, shall mean maintenance, including replacements, which cannot be financed currently, as otherwise contemplated by the Federal reclamation laws in the case of operation and maintenance costs, but shall not include construction, the costs of which are returnable, in whole or in part, through “construction charges” as that term is defined in section 485a(d) of this title. Such rehabilitation and betterment work may be performed by contract, by force-account, or, notwithstanding any other law and subject to such reasonable terms and conditions as the Secretary of the Interior shall deem appropriate for the protection of the United States, by contract entered into with the organization concerned whereby such organization shall perform such work.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Small Reclamation Projects Act, referred to in text, probably means the Small Reclamation Projects Act of 1956, act Aug. 6, 1956, ch. 972, 70 Stat. 1044, which is classified generally to subchapter IV (§ 422a et seq.) of this chapter. For complete classification of this Act to the Code, see section 422k of this title and Tables. Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 371 of this title and Tables.

Amendments

1994—Pub. L. 103–437 substituted “Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House” for “Committee on Interior and Insular Affairs of the Senate and the Committee on Public Lands of the House”. 1975—Pub. L. 94–102 required return of costs for small reclamation projects including interest payments. 1950—Act Mar. 3, 1950, struck out period at end of second sentence and inserted “; except that, any such determination may become effective prior to the expiration of such sixty days in any case in which each such committee approves an earlier date and notifies the Secretary in writing, of such approval: Provided, That when Congress is not in session the Secretary’s determination, if accompanied by a finding by the Secretary that substantial hardship to the water users concerned or substantial further injury to the project works will result, shall become effective when the chairman and ranking minority member of each such committee shall file with the Secretary their written approval of said findings.”

Statutory Notes and Related Subsidiaries

Short Title

Act Oct. 7, 1949, ch. 650, 63 Stat. 724, which enacted this section and provisions set out below, is popularly known as the “Rehabilitation and Betterment Act of 1949”. Supplemental to Federal Reclamation LawsAct Oct. 7, 1949, ch. 650, § 2, 63 Stat. 725, provided that: “This Act [enacting this section] shall be deemed a supplement to the Federal reclamation laws.”

Reference

Citations & Metadata

Citation

43 U.S.C. § 504

Title 43 — Public Lands

Last Updated

Apr 5, 2026

Release point: 119-73not60