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43 U.S.C. § 422f — Proposals for projects previously authorized; waiver of requirements; approval; negotiation of contract

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

43 U.S.C. § 422f — Proposals for projects previously authorized; waiver of requirements; approval; negotiation of contract

Any proposal with respect to the construction of a project which has theretofore been authorized for construction under the Federal reclamation laws shall be made in like manner as a proposal under [section 422d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section422d&num=0&edition=prelim), but the Secretary may waive such requirements of subsections (a) and (b) of [section 422d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section422d&num=0&edition=prelim) as he finds to be duplicative of, or rendered unnecessary or impossible by, action already taken by the United States. Upon approval of any such proposal by the Secretary he may negotiate and execute a contract which conforms, as nearly as may be, to the provisions of [section 422e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section422e&num=0&edition=prelim).

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Source location: Title 43, Chapter 12, § 422f; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md

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

43 U.S.C. § 422b — Definitions

As used in this subchapter— **(a)** The term “construction” shall include rehabilitation and betterment. **(b)** The term “Federal reclamation laws” shall mean the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto. **(c)** The term “organization” shall mean a State or a department, agency, or political subdivision thereof or a conservancy district, irrigation district, water users’ association, an agency created by interstate compact, or similar organization which has capacity to contract with the United States under the Federal reclamation laws. **(d)** The term “project” shall mean (i) any complete irrigation project, or (ii) any multiple-purpose water resource project that is authorized or is eligible for authorization under the Federal reclamation laws, or (iii) any distinct unit of a project described in clause (i) and (ii) or (iv) any project for the drainage of irrigated lands, without regard to whether such lands are irrigated with water supplies developed pursuant to the Federal reclamation laws, or (v) any project for the rehabilitation and betterment of a project or distinct unit described in clauses (i), (ii), (iii), and (iv): Provided, That the estimated total cost of the project described in clause (i), (ii), (iii), (iv), or (v) does not exceed the maximum allowable estimated total project cost as determined by subsection (f) hereof: Provided further, That a project described in clause (i), (ii), or (iii) may consist of existing facilities as distinct from newly constructed facilities, and funds made available pursuant to this subchapter may be utilized to acquire such facilities subject to a determination by the Secretary that such facilities meet standards of design and construction which he shall promulgate an

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

43 U.S.C. § 422e — Contract requirements

Upon approval of any project proposal by the Secretary under the provisions of [section 422d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section422d&num=0&edition=prelim), he may negotiate a contract which shall set out, among other things— **(a)** the maximum amount of any loan to be made to the organization and the time and method of making the same available to the organization. Said loan shall not exceed the lesser of (1) two-thirds of the maximum allowable estimated total project cost as determined by [section 422b(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section422b/f&num=0&edition=prelim), or (2) the estimated total cost of the project minus the contribution of the local organization as provided in [section 422d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section422d/b&num=0&edition=prelim) and the amount of the grant approved; **(b)** the maximum amount of any grant to be accorded the organization. Said grant shall not exceed the sum of the following: (1) the costs of investigations, surveys, and engineering and other services necessary to the preparation of proposals and plans for the project allocable to fish and wildlife enhancement or public recreation; (2) one-half the costs of acquiring lands or interests therein to serve exclusively the purposes of fish and wildlife enhancement or public recreation, plus the costs of acquiring joint use lands and interests therein properly allocable to fish and wildlife enhancement and public recreation; (3) one-half the costs of basic public outdoor recreation facilities or facilities serving fish and wildlife enhancement purposes exclusively; (4) one-half the costs of construction of joint u

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

43 U.S.C. § 422d — Contents of proposals

**(a) Plans and estimates; review by States; allocation of capital costs** Any proposal with respect to the construction of a project which has not theretofore been authorized for construction under the Federal reclamation laws shall set forth, among other things, a plan and estimated cost in detail comparable to those included in preauthorization reports required for a Federal reclamation project; shall have been submitted for review by the States of the drainage basin in which the project is located in like manner as provided in [section 701–1(c) of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701–1/c&num=0&edition=prelim), except that the review may be limited to the State or States in which the project is located if the proposal is one solely for rehabilitation and betterment of an existing project; and shall include a proposed allocation of capital costs to functions such that costs for facilities used for a single purpose shall be allocated to that purpose and costs for facilities used for more than one purpose shall be so allocated among the purposes served that each purpose will share equitably in the costs of such joint facilities. The costs of means and measures to prevent loss of and damage to fish and wildlife resources shall be considered as project costs and allocated as may be appropriate among project functions. **(b) Lands and water rights; ownership; financing** (1) Every such proposal shall include a showing that the organization already holds or can acquire all lands and interests in land (except public and other lands and interests in land owned by the United States which are within the administrative jurisdiction of the Secretary and subject to disposition by him) and rights, pursuant to applicable State l

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

43 U.S.C. § 422f — Proposals for projects previously author-

Page 145 TITLE 43—PUBLIC LANDS § 422j grant was made prior to the effective date of Pub. L. 89–553, Sept. 2, 1966, see section 2 of Pub. L. 89–553, set out as a note under section 422b of this title. § 422f. Proposals for projects previously author- ized; waiver of requirements; approval; nego- tiation of contract Any proposal with respect to the construction of a project which has theretofore been author- ized for construction under the Federal reclama- tion laws shall be made in like manner as a pro- posal under section 422d of this title, but the Secretary may waive such requirements of sub- sections (a) and (b) of section 422d of this title as he finds to be duplicative of, or rendered unnec- essary or impossible by, action already taken by the United States. Upon approval of any such proposal by the Secretary he may negotiate and execute a contract which conforms, as nearly as may be, to the provisions of section 422e of this title. (Aug. 6, 1956, ch. 972, § 6, 70 Stat. 1046.) Editorial Notes REFERENCES IN TEXT The Federal reclamation laws, referred to in text, are defined in section 422b of this title. § 422g. Information from Federal agencies; costs Upon request of an organization which has made or intends to make a proposal under this subchapter, the head of any Federal department or agency may make available to the organiza- tion any existing engineering, economic, or hy- drologic information and printed material that it may have and that will be useful in connec- tion with the planning, design, construction, or operation and maintenance of the project con- cerned. The reasonable cost of any plans, speci- fications, and other unpublished material fur- nished by the Secretary pursuant to this section and the cost of making and administer

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