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25 U.S.C. § 383 — Repealed.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

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

25 U.S.C. § 383 — Repealed.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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Source file: Laws/federal/codes/united-states-code/title-25/section-383-repealed-pub-l-97293-title-ii-224-f-oct-12-1982-96-stat-1273--4cf98e9eca.md
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Source location: Title 25, Chapter 11, § 383; chapter-011-irrigation-of-allotted-lands.md

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### 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. § 2213 — Availability of water on temporary basis

**(a) General authority** In order to mitigate losses and damages resulting from drought conditions, the Secretary may make available, by temporary contract, project and nonproject water, and may permit the use of facilities at Federal Reclamation projects for the storage or conveyance of project or nonproject water, for use both within and outside an authorized project service area. **(b) Special provisions applicable to temporary water supplies provided under this section** (1) **Temporary supplies** — Each temporary contract for the supply of water entered into pursuant to this section shall terminate no later than two years from the date of execution or upon a determination by the Secretary that water supply conditions no longer warrant that such contracts remain in effect, whichever occurs first. The costs associated with any such contract shall be repaid within the term of the contract. (2) **Ownership and acreage limitations** — Lands not subject to Reclamation law that receive temporary irrigation water supplies under temporary contracts under this section shall not become subject to the ownership and acreage limitations or pricing provisions of Federal Reclamation law because of the delivery of such temporary water supplies. Lands that are subject to the ownership and acreage limitations of Federal Reclamation law shall not be exempted from those limitations because of the delivery of such temporary water supplies. (3) **Treatment under Reclamation Reform Act of 1982** — No temporary contract entered into by the Secretary under this section shall be treated as a “contract” as that term is used in sections 203(a) and 220 of the Reclamation Reform Act of 1982 (Public Law 97–293) [[43 U.S.C. 390cc(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-preli

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

43 U.S.C. § 2432 — Effect on the reclamation laws

**(a) Reclamation projects** Nothing in this subchapter supersedes or amends any Federal law associated with a project, or a portion of a project, constructed under the reclamation laws. **(b) No new or supplemental benefits** Any assistance provided under this subchapter shall not— (1) be considered to be a new or supplemental benefit for purposes of the Reclamation Reform Act of 1982 ([43 U.S.C. 390aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390aa&num=0&edition=prelim) et seq.); or (2) affect any contract in existence on December 22, 2006, that is executed under the reclamation laws.

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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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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=

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

43 U.S.C. § 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 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

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

43 U.S.C. § 390zz–1 — Severability

If any provision of this subchapter or the applicability thereof to any person or circumstances is held invalid, the remainder of this subchapter and the application of such provision to other persons or circumstances shall not be affected thereby.

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

25 U.S.C. § 383 — Repealed. Pub. L. 97–293, title II, § 224(f),

Page 110 TITLE 25—INDIANS § 381 such lands are not in use by any of the heirs and the heirs have not been able during a three- months’ period to agree upon a lease by reason of the number of the heirs, their absence from the reservation, or for other cause, under such rules and regulations as the Secretary of the In- terior may prescribe. The proceeds derived from such leases shall be credited to the estates or other accounts of the individuals entitled there- to in accordance with their respective interests. (July 8, 1940, ch. 554, 54 Stat. 745.) Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. CHAPTER 11—IRRIGATION OF ALLOTTED LANDS Sec. 381. Irrigation lands; regulation of use of water. 382. Irrigation projects under Reclamation Act. 383. Repealed. 384. Employment of superintendents of irrigation. 385. Maintenance charges; reimbursement of con- struction costs; apportionment of cost. 385a. Irrigation projects; deposit of assessments as trust fund; disposition of fund. 385b. Amounts creditable to fund. 385c. Appropriation and disposition of power reve- nues. 386. Reimbursement of construction charges. 386a. Adjustment of reimbursable debts; construc- tion charges. 387. Omitted. 388. Claims for damages; settlement by agree- ment. 389. Investigation and adjustment of irrigation charges on lands within projects on Indian reservations. 389a. Declaring lands to be temporarily nonirri- gable. 389

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