43 U.S.C. § 505: Drainage facilities and minor…

Summary

Money set aside for building federal irrigation projects under the reclamation laws, the Act of August 11, 1939, or other Acts of Congress can be used by the Secretary of the Interior to build drainage work and other small construction. The Secretary may do the work by hiring contractors, by using government crews, or by making a contract with the repayment organization involved, even if other laws would not normally allow it, so long as the Secretary adds reasonable protections for the United States. If one repayment organization’s contract will cost more than $200,000, the Secretary must wait 60 calendar days after sending the contract to the Speaker of the House and the President of the Senate for committee review before signing it. Days when either the House or Senate is not meeting because of an adjournment longer than three days to a day certain do not count in that 60-day period. The Secretary may sign the contract sooner if both appropriate committees approve it in writing.

Title 43, §505

Public Lands, Source: USLM XML via OLRC

Funds appropriated for the construction of irrigation works authorized to be undertaken pursuant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), the Act of August 11, 1939 (53 Stat. 1418), as amended [16 U.S.C. 590y et seq.], or other Acts of Congress may, insofar as such funds are available for the construction of drainage facilities and other minor items, be utilized by the Secretary of the Interior to accomplish such work by contract, by force account or, notwithstanding any other law and subject only to such reasonable terms and conditions as the Secretary shall deem appropriate for the protection of the United States, by contract entered into with the repayment organization concerned whereby said organization shall perform such work: Provided, That in the event construction work to be accomplished by any one repayment organization, pursuant to contract with the United States, exceeds a total cost of $200,000, such contract shall not be executed by the Secretary prior to the expiration of 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 days to a day certain) from the date on which it has been submitted to the Speaker of the House and the President of the Senate for reference to the appropriate Committees, except that such contract may be executed prior to expiration of such sixty days in any case in which both such Committees approve said contract and notify the Secretary in writing of such approval.

Notes & Related Subsidiaries

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 section 371 of this title and Tables. Act of August 11, 1939, referred to in text, is classified generally to subchapter II (§ 590y et seq.) of chapter 3C of Title 16, Conservation. For complete classification of this Act to the Code, see Tables.

§505 Drainage Facilities and Minor Construction in Irrigation Works; Contracts with Repayment Organizations; Limitation on Costs; Submission of Contract to Congress