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

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

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

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Source location: Title 43, Chapter 12, § 390ww; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section423e&num=0&edition=prelim): 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390ee/c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390ee/c&num=0&edition=prelim) 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.

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

43 U.S.C. § 390aa — Congressional declaration of purpose; short title

This subchapter shall amend and supplement the Act of June 17, 1902, and Acts supplementary thereto and amendatory thereof ([43 U.S.C. 371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section371&num=0&edition=prelim)), hereinafter referred to as “Federal reclamation law”. This subchapter may be referred to as the “Reclamation Reform Act of 1982”.

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43 U.S.C. § 423e — Completion of new projects or new division; execution of contract with district as condition precedent to delivery of water; contents of contract; cooperation of States with United States; limitations on sale of land

No water shall be delivered upon the completion of any new project or new division of a project until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or irrigation districts organized under State law providing for payment by the district or districts of the cost of constructing, operating, and maintaining the works during the time they are in control of the United States, such cost of constructing to be repaid within such terms of years as the Secretary may find to be necessary, in any event not more than forty years from the date of public notice hereinafter referred to, and the execution of said contract or contracts shall have been confirmed by a decree of a court of competent jurisdiction. Prior to or in connection with the settlement and development of each of these projects, the Secretary of the Interior is authorized in his discretion to enter into agreement with the proper authorities of the State or States wherein said projects or divisions are located whereby such State or States shall cooperate with the United States in promoting the settlement of the projects or divisions after completion and in the securing and selecting of settlers. Such contract or contracts with irrigation districts hereinbefore referred to shall further provide that all irrigable land held in private ownership by any one owner in excess of one hundred and sixty irrigable acres shall be appraised in a manner to be prescribed by the Secretary of the Interior and the sale prices thereof fixed by the Secretary on the basis of its actual bona fide value at the date of appraisal without reference to the proposed construction of the irrigation works; and that no such excess lands so held shall receive water from any pro

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25 U.S.C. § 385 — Maintenance charges; reimbursement of construction costs; apportionment of cost

For lands irrigable under any irrigation system or reclamation project the Secretary of the Interior may fix maintenance charges which shall be paid as he may direct, such payments to be available for use in maintaining the project or system for which collected: Provided further, That all moneys expended under this provision shall be reimbursable where the Indians have adequate funds to repay the Government, such reimbursements to be made under such rules and regulations as the Secretary of the Interior may prescribe: Provided further, That the Secretary of the Interior is authorized and directed to apportion the cost of any irrigation project constructed for Indians and made reimbursable out of tribal funds of said Indians in accordance with the benefits received by each individual Indian so far as practicable from said irrigation project, said cost to be apportioned against such individual Indian under such rules, regulations, and conditions as the Secretary of the Interior may prescribe.

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

43 U.S.C. § 425 — Exemption of lands owned by States, etc., from acreage limitation on receipt of irrigation benefits; determination of exempt status

The provisions of Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof and supplemental thereto) which limit the acreage of irrigable land which may receive irrigation benefits from, through, or by means of Federal reclamation works, shall not be applicable to lands owned by States, political subdivisions, and agencies thereof, so long as such lands are farmed, primarily in the direct furtherance of a non-revenue-producing public function, as determined by the Secretary of the Interior; and to the extent that such lands continue to qualify for the exempted status afforded by this section they shall not be deemed to be excess lands for any purposes whatsoever under said reclamation laws.

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25 U.S.C. § 383 — Repealed. Pub. L. 97–293, title II, § 224(f), Oct. 12, 1982, 96 Stat. 1273

### Statutory Notes Section, act Aug. 4, 1910, ch. 140, § 1, 36 Stat. 270, provided that no new irrigation project on any Indian reservation, allotments, or lands, could be undertaken until it had been estimated for and a maximum limit of cost ascertained from surveys, plans, and reports submitted by chief irrigation engineer in Indian Service and approved by Commissioner of Indian Affairs and Secretary of the Interior, that such limit of cost could in no case be exceeded without express authorization of Congress, and that no project to cost in the aggregate to exceed $35,000 could be undertaken on any Indian reservation or allotment, without specific authority of Congress.

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

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

Page 126 TITLE 43—PUBLIC LANDS § 390ww problems of surplus crops and low commodity prices. (b) Restrictions prohibiting delivery of irrigation water for production of excess basic agricul- tural commodities In addition, notwithstanding any other provi- sion of law, in the case of any Federal reclama- tion project authorized before October 12, 1982, any restriction prohibiting the delivery of irri- gation water for the production of excess basic agricultural commodities shall extend for a pe- riod no longer than ten years after the date of the initial authorization of such project. (Pub. L. 97–293, title II, § 222, Oct. 12, 1982, 96 Stat. 1272.) § 390ww. Administrative provisions (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 incon- sistent with, this subchapter. (b) Existing statutory exemptions from owner- ship or pricing limitations of Federal rec- lamation 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 provi- sions 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 ex- cess status pursuant to involuntary foreclosure or similar involuntary process of law, convey- ance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), inheritance, or devise, may

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