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43 U.S.C. § 504 — Rehabilitation and betterment of Federal reclamation projects, including small reclamation proj­ects; return of costs; interest; definitions; performance of work

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

43 U.S.C. § 504 — Rehabilitation and betterment of Federal reclamation projects, including small reclamation proj­ects; return of costs; interest; definitions; performance of work

Expenditures of funds hereafter specifically appropriated for rehabilitation and betterment of any project constructed under authority of the Small Reclamation Projects Act (Act of August 6, 1956, 70 Stat. 1044, and Acts amendatory thereof and 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.] and of irrigation systems on projects governed by the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), shall be made only after the organizations concerned shall have obligated themselves for the return thereof, in installments fixed in accordance with their ability to pay, as determined by the Secretary of the Interior in the light of their outstanding repayment obligations, and which shall, to the fullest practicable extent, be scheduled for return with their construction charge installments or otherwise scheduled as he shall determine: Provided, That repayment of such loans made for small reclamation projects shall include interest in accordance with the provisions of said Small Reclamation Projects Act. No such determination of the Secretary of the Interior shall become effective until the expiration of sixty days after it has been submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; except that, any such determination may become effective prior to the expiration of such sixty days in any case in which each such committee approves an earlier date and notifies the Secretary in writing, of such approval: Provided, That when Congress is not in session the Secretary’s determination, if accompanied by a finding by the Secret

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Source file: Laws/federal/codes/united-states-code/title-43/section-504-rehabilitation-and-betterment-of-federal-reclamation-projects-including--770a5327c5.md
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Source location: Title 43, Chapter 12, § 504; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md

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Expenditures of funds hereafter specifically appropriated for rehabilitation and betterment of any project constructed under authority of the Small Reclamation Projects Act (Act of August 6, 1956, 70 Stat. 1044, and Acts amendatory thereof and 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.] and of irrigation systems on projects governed by the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), shall be made only after the organizations concerned shall have obligated themselves for the return thereof, in installments fixed in accordance with their ability to pay, as determined by the Secretary of the Interior in the light of their outstanding repayment obligations, and which shall, to the fullest practicable extent, be scheduled for return with their construction charge installments or otherwise scheduled as he shall determine: Provided, That repayment of such loans made for small reclamation projects shall include interest in accordance with the provisions of said Small Reclamation Projects Act. No such determination of the Secretary of the Interior shall become effective until the expiration of sixty days after it has been submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; except that, any such determination may become effective prior to the expiration of such sixty days in any case in which each such committee approves an earlier date and notifies the Secretary in writing, of such approval: Provided, That when Congress is not in session the Secretary’s determination, if accompanied by a finding by the Secretary that substantial hardship to the water users concerned or substantial further injury to the project works will result, shall become effective when the chairman and ranking minority member of each such committee shall file with the Secretary their written approval of said findings. The term “rehabilitation and betterment”, as used in this section, shall mean maintenance, including replacements, which cannot be financed currently, as otherwise contemplated by the Federal reclamation laws in the case of operation and maintenance costs, but shall not include construction, the costs of which are returnable, in whole or in part, through “construction charges” as that term is defined in [section 485a(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section485a/d&num=0&edition=prelim). Such rehabilitation and betterment work may be performed by contract, by force-account, or, notwithstanding any other law and subject to such reasonable terms and conditions as the Secretary of the Interior shall deem appropriate for the protection of the United States, by contract entered into with the organization concerned whereby such organization shall perform such work.

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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. § 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. § 421b — Loans for construction of distribution and drainage systems; repayment contract; time period for repayment of loan; “irrigation district or other public agency” defined

To assist financially in the construction of the aforesaid local distribution and drainage systems by irrigation districts and other public agencies the Secretary is authorized, on application therefor by such irrigation districts or other public agencies, to make funds available on a loan basis from moneys appropriated for the construction of such distribution and drainage systems to any irrigation district or other public agency in an amount equal to the estimated construction cost of such system, contingent upon a finding by the Secretary that the loan can be returned to the United States in accordance with the general repayment provisions of sections 485a(d) and 485h(d) of this title and upon a showing that such district or agency already holds or can acquire all lands and interests in land (except public and other lands or interests 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 receiving water from the San Luis unit, Central Valley project, authorized by the Act of June 3, 1960 (74 Stat. 156), enter into a repayment contract which includes such provisions as the Secretary shall deem necessary and proper to provide assurance of prompt repayment of the loan within not to exceed forty years plus a development 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, irrigation district, water users’ organization, or other organization, which is organized under State law and which has c

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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

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

43 U.S.C. § 504 — Rehabilitation and betterment of Federal

Page 177 TITLE 43—PUBLIC LANDS § 504 Pub. L. 92–134, title III, Oct. 5, 1971, 85 Stat. 370. Pub. L. 91–144, title III, Dec. 11, 1969, 83 Stat. 331. Pub. L. 89–689, title II, Oct. 15, 1966, 80 Stat. 1008. Pub. L. 88–511, title II, Aug. 30, 1964, 78 Stat. 687. Pub. L. 87–880, title II, Oct. 24, 1962, 76 Stat. 1221. TEMPORARY AUTHORITY OF SECRETARY OF THE INTE- RIOR TO FACILITATE EMERGENCY ACTIONS WITH RE- GARD TO 1976–1977 DROUGHT Pub. L. 95–18, Apr. 7, 1977, 91 Stat. 36, as amended by Pub. L. 95–107, Aug. 17, 1977, 91 Stat. 870; Pub. L. 95–226, Feb. 7, 1978, 92 Stat. 10, directed Secretary of the Inte- rior to undertake construction, management and con- servation activities designed to mitigate losses and damages to Federal reclamation projects and Indian ir- rigation projects resulting from 1976–1977 drought, to assist willing buyers in purchasing available water sup- plies from willing sellers, and to undertake studies of potential facilities to mitigate effects of a recurrence of drought and make recommendations to President and Congress evaluating potential undertakings, au- thorized Secretary to defer, without penalty, the 1977 installment payments on charges owed the United States and to make loans to irrigators for construc- tion, management, conservation activities, or acquisi- tion and transportation of water, appropriated $100,000,000 to carry out provisions of this Act and spec- ified the availability of such funds for expenditures, di- rected Secretary, not later than May 1, 1978, to provide President and Congress a complete report on expendi- tures and accomplishments, and provided that authori- ties conferred by this Act terminate on Nov. 30, 1977. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers,

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