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43 U.S.C. § 421c — Conditions of loan for distribution and drainage systems; reconveyance by Secretary of lands, interests in lands, and distribution works heretofore conveyed to the United States; conditions of reconveyance; rights of way

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 421c — Conditions of loan for distribution and drainage systems; reconveyance by Secretary of lands, interests in lands, and distribution works heretofore conveyed to the United States; conditions of reconveyance; rights of way

The Secretary shall require, as conditions to any such loan, that the borrower contribute in money or materials, labor, lands, or interests in land, computed at their reasonable value, a portion not in excess of 10 per centum, of the construction cost of the distribution and drainage system (including all costs of acquiring lands and interests in land), that the plans for the system be in accord with sound engineering practices and be such as will achieve the purposes for which the system was authorized, and that the borrower agree to account in full in regard to all disbursements of borrowed funds and to return at once for application toward amortization of the loan all funds which are not expended in the construction of the distribution and drainage system. Every organization contracting for repayment of a loan under sections 421a to 421h of this title shall operate and maintain its distribution and drainage works in conformity with reasonable contractual requirements determined to be appropriate for the protection of the United States. The Secretary is hereby authorized to reconvey to borrowers all lands or interests in lands and distribution works transferred to the United States under the provisions of sections 421a to 421h of this title: Provided, That any reconveyance shall be upon the condition that the repayment contract of the borrower be amended to include such provisions as the Secretary shall deem necessary or proper to provide assurance of and security for prompt repayment of the loan. The head of any department or agency of the Government within whose administrative jurisdiction are lands owned by the United States the use of which is reasonably necessary for the construction, operation, and maintenance of distribution and drainage works under sections 42

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Stable record: federal_law:legal_authorities:record_usc_307272b86a14a3172bd282c3
Source file: Laws/federal/codes/united-states-code/title-43/section-421c-conditions-of-loan-for-distribution-and-drainage-systems-reconveyance-by--aea30ff1c9.md
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Passage SHA-256: 2f463c6b0539a007f8a61e24a952107080df855beb12a79eb1c4a00d25dbaacc

Source location: Title 43, Chapter 12, § 421c; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md

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The Secretary shall require, as conditions to any such loan, that the borrower contribute in money or materials, labor, lands, or interests in land, computed at their reasonable value, a portion not in excess of 10 per centum, of the construction cost of the distribution and drainage system (including all costs of acquiring lands and interests in land), that the plans for the system be in accord with sound engineering practices and be such as will achieve the purposes for which the system was authorized, and that the borrower agree to account in full in regard to all disbursements of borrowed funds and to return at once for application toward amortization of the loan all funds which are not expended in the construction of the distribution and drainage system. Every organization contracting for repayment of a loan under sections 421a to 421h of this title shall operate and maintain its distribution and drainage works in conformity with reasonable contractual requirements determined to be appropriate for the protection of the United States. The Secretary is hereby authorized to reconvey to borrowers all lands or interests in lands and distribution works transferred to the United States under the provisions of sections 421a to 421h of this title: Provided, That any reconveyance shall be upon the condition that the repayment contract of the borrower be amended to include such provisions as the Secretary shall deem necessary or proper to provide assurance of and security for prompt repayment of the loan. The head of any department or agency of the Government within whose administrative jurisdiction are lands owned by the United States the use of which is reasonably necessary for the construction, operation, and maintenance of distribution and drainage works under sections 421a to 421h of this title may grant to a borrower or prospective borrower under sections 421a to 421h of this title revocable permission for the use thereof in like manner as under sections 79 11 See References in Text note below. and 524 of title 16, sections 323 to 328 of title 25, [section 8124 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8124&num=0&edition=prelim), or sections 931a to 931d, 946 to 950, 956, and 959 1 of this title, or any other similar Act which is applicable to the lands involved: Provided, That no such permission shall be granted in the case of lands being administered for national park, national monument, or wildlife purposes.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8124 — Grant of easements in Government-owned lands

The Secretary, whenever the Secretary deems it advantageous to the Government and upon such terms and conditions as the Secretary deems advisable, may grant on behalf of the United States to any State, or any agency or political subdivision thereof, or to any public-service company, easements in and rights-of-way over lands belonging to the United States which are under the Secretary’s supervision and control. Such grant may include the use of such easements or rights-of-way by public utilities to the extent authorized and under the conditions imposed by the laws of such State relating to use of public highways. Such partial, concurrent, or exclusive jurisdiction over the areas covered by such easements or rights-of-way, as the Secretary deems necessary or desirable, is hereby ceded to the State in which the land is located. The Secretary may accept or secure on behalf of the United States from the State in which is situated any land conveyed in exchange for any such easement or right-of-way, such jurisdiction as the Secretary may deem necessary or desirable over the land so acquired. Any such easement or right-of-way shall be terminated upon abandonment or nonuse of the same and all right, title, and interest in the land covered thereby shall thereupon revert to the United States or its assignee.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 959 — Rights of way for electrical plants, etc.

That the Secretary of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of rights of way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant national parks, California, for electrical plants, poles, and lines for the generation and distribution of electrical power, and for telephone and telegraph purposes, and for canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits, and for water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses to the extent of the ground occupied by such canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted hereunder, and not to exceed fifty feet on each side of the marginal limits thereof, or not to exceed fifty feet on each side of the center line of such pipes and pipe lines, electrical, telegraph, and telephone lines and poles, by any citizen, association, or corporation of the United States, where it is intended by such to exercise the use permitted hereunder or any one or more of the purposes herein named: Provided, That such permits shall be allowed within or through any of said parks or any forest, military, Indian, or other reservation only upon the approval of the chief officer of the Department under whose supervision such park or reservation falls and upon a finding by him that the same is not incompatible with the public interest: Provided further, That all permits given hereunder for telegraph and telephone purposes shall be subject to the pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 959

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 79 — Omitted

### Statutory Notes #### Codification Section, act Feb. 15, 1901, ch. 372, 31 Stat. 790; Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793; Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272, which authorized the Secretary of the Interior to permit the use of rights-of-way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant National Parks, California, for various public utility purposes, was omitted in view of the repeal of its provisions by Pub. L. 94–579 as they relate to public lands and lands in the National Forest System and by Pub. L. 113–287 as they relate to National Park System units. See [section 100902(a) of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section100902/a&num=0&edition=prelim), National Park Service and Related Programs. Act Feb. 15, 1901, is also classified to [section 959 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section959&num=0&edition=prelim), Public Lands, and was also classified to [section 522 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section522&num=0&edition=prelim) prior to its omission from the Code. Section was formerly classified to [section 419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section419&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 502 — Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law

In order to assure continuous operation of all projects and project facilities governed by the Federal reclamation law (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), including any project and facilities constructed with funds provided by the Small Reclamation Projects Act (Act of August 6, 1956, 70 Stat. 1044, and Acts amendatory thereof or supplementary thereto) [[43 U.S.C. 422a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section422a&num=0&edition=prelim) et seq.] or with funds provided by the Distribution System Loans Act (Act of May 14, 1956, 69 Stat. 244, and Acts amendatory thereof or supplementary thereto), there is hereby authorized to be appropriated from the reclamation fund an emergency fund which shall be available for defraying expenses which the Commissioner of Reclamation determines are required to be incurred because of unusual or emergency conditions.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 421c — Conditions of loan for distribution and

Page 138 TITLE 43—PUBLIC LANDS § 421c gent upon a finding by the Secretary that the loan can be returned to the United States in ac- cordance with the general repayment provisions of sections 485a(d) and 485h(d) of this title and upon a showing that such district or agency al- ready holds or can acquire all lands and inter- ests in land (except public and other lands or in- terests in land owned by the United States which are within the administrative jurisdiction of the Secretary and subject to disposition by him) necessary for the construction, operation, and maintenance of the project. The Secretary shall, upon approval of a loan, including any loan for a distribution and drainage system re- ceiving water from the San Luis unit, Central Valley project, authorized by the Act of June 3, 1960 (74 Stat. 156), enter into a repayment con- tract which includes such provisions as the Sec- retary shall deem necessary and proper to pro- vide assurance of prompt repayment of the loan within not to exceed forty years plus a develop- ment period not to exceed ten years. The term ‘‘irrigation district or other public agency’’ shall for the purposes of sections 421a to 421h of this title mean any conservancy district, irriga- tion district, water users’ organization, or other organization, which is organized under State law and which has capacity to enter into contracts with the United States pursuant to the Federal reclamation laws. (July 4, 1955, ch. 271, § 2, 69 Stat. 245; Pub. L. 92–487, Oct. 13, 1972, 86 Stat. 804.) Editorial Notes REFERENCES IN TEXT Act of June 3, 1960, referred to in text, is Pub. L. 86–488, June 3, 1960, 74 Stat. 156, which is not classified to the Code. AMENDMENTS 1972—Pub. L. 92–487 substituted provisions relating to financial

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