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

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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Stable record: federal_law:legal_authorities:record_usc_45720f588719b853802b4da1
Source file: Laws/federal/codes/united-states-code/title-43/section-502-emergency-fund-to-assure-continuous-operation-of-projects-and-project-fa--b9a0817e81.md
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Passage SHA-256: 9702e3e247ceacd23fe57e44a9791e46048edd066927b6c4dcffd08c60bec6c3

Source location: Title 43, Chapter 12, § 502; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md

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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. § 422a — Declaration of purpose

The purpose of this subchapter is to encourage State and local participation in the development of projects under the Federal reclamation laws, with emphasis on rehabilitation and betterment of existing projects for purposes of significant conservation of water, energy and the environment and for purpose of water quality control, and to provide for Federal assistance in the development of similar projects in the seventeen western reclamation States by non-Federal organizations.

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

43 U.S.C. § 422k — Supplement to Federal reclamation laws; short title

This subchapter shall be a supplement to the Federal reclamation laws and may be cited as the Small Reclamation Projects Act of 1956.

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

43 U.S.C. § 390bb — Definitions

As used in this subchapter: (1) The term “contract” means any repayment or water service contract between the United States and a district providing for the payment of construction charges to the United States including normal operation, maintenance, and replacement costs pursuant to Federal reclamation law. (2) The term “district” means any individual or any legal entity established under State law which has entered into a contract or is eligible to contract with the Secretary for irrigation water. (3) (A) The term “full cost” means an annual rate as determined by the Secretary that shall amortize the expenditures for construction properly allocable to irrigation facilities in service, including all operation and maintenance deficits funded, less payments, over such periods as may be required under Federal reclamation law or applicable contract provisions, with interest on both accruing from October 12, 1982, on costs outstanding at that date, or from the date incurred in the case of costs arising subsequent to October 12, 1982: Provided, That operation, maintenance, and replacement charges required under Federal reclamation law, including this subchapter, shall be collected in addition to the full cost charge. (B) The interest rate used for expenditures made on or before October 12, 1982, 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 fiscal year in which the expenditures by the United States were made, but shall not be less than 7½ per centum per annum. (C) The interest rate used for expenditures made after October 12, 1982, shall be determined by the Secretary of the Treasury on the basis of the arithmetic average of— (i) the r

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

43 U.S.C. § 371 — Definitions

When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478, 493, 494, 500, 501, and 526 of this title— **(a)** The word “Secretary” means the Secretary of the Interior. **(b)** The words “reclamation law” mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto. **(c)** The words “reclamation fund” mean the fund provided by the reclamation law. **(d)** The word “project” means a Federal irrigation project authorized by the reclamation law. **(e)** The words “division of a project” mean a substantial irrigable area of a project designated as a division by order of the Secretary.

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

43 U.S.C. § 1451 — Establishment

There shall be at the seat of government an executive department to be known as the Department of the Interior, and a Secretary of the Interior, who shall be the head thereof.

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

43 U.S.C. § 390cc — New or amended contracts

**(a) Generally** The provisions of this subchapter shall be applicable to any district which— (1) enters into a contract with the Secretary subsequent to October 12, 1982; (2) enters into any amendment of its contract with the Secretary subsequent to October 12, 1982, which enables the district to receive supplemental or additional benefits; or (3) which amends its contract for the purpose of conforming to the provisions of this subchapter. **(b) Amendment of existing contracts** Any district which has an existing contract with the Secretary as of October 12, 1982, which does not enter into an amendment of such contract as specified in subsection (a) shall be subject to Federal reclamation law in effect immediately prior to October 12, 1982, as that law is amended or supplemented by sections 209 through 230 of this title [[43 U.S.C. 390ii](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390ii&num=0&edition=prelim)—390zz–1, 373a, 422e, 425b, 485h]. Within a district that does not enter into an amendment of its contract with the Secretary within four and one-half years of October 12, 1982, irrigation water may be delivered to lands leased in excess of a landholding of one hundred and sixty acres only if full cost, as defined in [section 390bb(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390bb/3/A&num=0&edition=prelim), is paid for such water as is assignable to those lands leased in excess of such landholding of one hundred and sixty acres: Provided, That the interest rate used in computing full cost under this subsection shall be the same as provided in [section 390ee(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390ee/a/3&num=0&edition=

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390cc

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

43 U.S.C. § 503 — “Unusual or emergency conditions” defined

The term “unusual or emergency conditions”, as used in [section 502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section502&num=0&edition=prelim), shall be construed to mean canal bank failures, generator failures, damage to transmission lines; or other physical failures or damage, or acts of God, or of the public enemy, fires, floods, drought, epidemics, strikes, or freight embargoes, or conditions, causing or threatening to cause interruption in water or power service.

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

43 U.S.C. § 422a — Declaration of purpose

Page 140 TITLE 43—PUBLIC LANDS § 421h § 421h. Procedural and substantive requirements applicable to works financed by loans pursu- ant to sections 421a to 421h of this title Works financed by loans made under sections 421a to 421h of this title shall be subject to all procedural and substantive requirements of the Fish and Wildlife Coordination Act [16 U.S.C. 661 et seq.], the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et seq.], and the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]. (July 4, 1955, ch. 271, § 8, as added Pub. L. 92–487, Oct. 13, 1972, 86 Stat. 806.) Editorial Notes REFERENCES IN TEXT The Fish and Wildlife Coordination Act, referred to in text, is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of Title 16, Conservation. For complete classification of this Act to the Code, see section 661(a) of Title 16, Short Title note set out under section 661 of Title 16, and Ta- bles. The Federal Water Pollution Control Act, as amend- ed, referred to in text, is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Wa- ters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The National Environmental Policy Act of 1969, re- ferred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. § 422. Constru

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 422a

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

43 U.S.C. § 502 — Emergency fund to assure continuous oper-

Page 175 TITLE 43—PUBLIC LANDS § 502 sources may be used by the water users to be credited annually, first, on account of project construction charge, second, on account of project operation and maintenance charge, and third, as the water users may direct. No dis- tribution to individual water users shall be made out of any such profits before all obliga- tions to the Government shall have been fully paid. (Dec. 5, 1924, ch. 4, § 4, subsec. I, 43 Stat. 703.) Statutory Notes and Related Subsidiaries DEFINITIONS The definitions in section 371 of this title apply to this section. § 502. Emergency fund to assure continuous oper- ation of projects and project facilities gov- erned 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 sup- plementary 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 there- of or supplementary thereto) [43 U.S.C. 422a 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 supple- mentary thereto), there is hereby authorized to be appropriated from the reclamation fund an emergency fund which shall be available for de- fraying expenses which the Commissioner of Reclamation determines are required to be in- curred because of unusual or emergency condi- tions. (June 26, 1948, ch. 676, § 1, 62 Stat. 1052; Pub. L. 97–275, Oct. 1, 1982, 96 Stat. 1185.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is popularly known as the Reclam

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 502

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