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

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

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

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

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**(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=prelim). **(c) Election by qualified or limited recipients in absence of amendment to contract** In the absence of an amendment to a contract, as specified in subsection (a), a qualified recipient or limited recipient may elect to be subject to the provisions of this subchapter by executing an irrevocable election in a form approved by the Secretary to comply with this subchapter. The district shall thereupon deliver irrigation water to and collect from such recipient, for the credit of the United States, the additional charges required by this subchapter and assignable to the recipient making the election. **(d) Consent of non-Federal party** Amendments to contracts which are not required by the provisions of this subchapter shall not be made without the consent of the non-Federal party.

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

43 U.S.C. § 390ii — Disposition of excess lands

**(a) Disposal of lands in excess of ownership limitations within reasonable time** Irrigation water made available in the operation of reclamation project facilities may not be delivered for use in the irrigation of lands held in excess of the ownership limitations imposed by Federal reclamation law, including this subchapter, unless and until the owners thereof shall have executed a recordable contract with the Secretary, in accordance with the terms and conditions required by Federal reclamation law, requiring the disposal of their interest in such excess lands within a reasonable time to be established by the Secretary. In the case of recordable contracts entered into prior to October 12, 1982, such reasonable time shall not exceed ten years after the recordable contract is executed by the Secretary. In the case of recordable contracts entered into after October 12, 1982, except as provided in [section 390rr of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390rr&num=0&edition=prelim), such reasonable time shall not exceed five years after the recordable contract is executed by the Secretary. **(b) Continued delivery of irrigation water to lands held in excess of ownership limitations** Lands held in excess of the ownership limitations imposed by Federal reclamation law, including this subchapter, which, on October 12, 1982, are, or are capable of, receiving delivery of irrigation water made available by the operation of existing reclamation project facilities may receive such deliveries only— (1) if the disposal of the owner’s interest in such lands is required by an existing recordable contract with the Secretary, or (2) if the owners of such lands have requested that a recordable contract be executed by the Secretary.

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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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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. § 390ee — Pricing

**(a) Delivery of irrigation water at full cost** Notwithstanding any other provision of law, any contract with a district entered into by the Secretary as specified in [section 390cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390cc&num=0&edition=prelim), shall provide for the delivery of irrigation water at full cost as defined in [section 390bb(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390bb/3&num=0&edition=prelim) to: (1) a landholding in excess of nine hundred and sixty acres of class I lands or the equivalent thereof for a qualified recipient,11 So in original. The comma probably should be a semicolon. (2) a landholding in excess of three hundred and twenty acres of class I land or the equivalent thereof for a limited recipient receiving irrigation water on or before October 1, 1981; and (3) the entire landholding of a limited recipient not receiving irrigation water on or before October 1, 1981: Provided, That the interest rate used in computing full cost under this paragraph shall be determined by the Secretary of the Treasury on the basis of the arithmetic average of— (A) the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issuance; and (B) the weighted average of market yields on all interest-bearing, marketable issues sold by the Treasury during the fiscal year preceding the fiscal year in which the expenditures are made, or October 12, 1982, for expenditures made before October 12, 1982. **(b) Delivery of irrigation water at prior terms and conditions** Any contract with a district entered into by the Secreta

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

43 U.S.C. § 390ff — Certification of compliance

As a condition to the receipt of irrigation water for lands in a district which has a contract as specified in [section 390cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390cc&num=0&edition=prelim), each landowner and lessee within such district shall furnish the district, in a form prescribed by the Secretary, a certificate that they are in compliance with the provisions of this subchapter including a statement of the number of acres leased, the term of any lease, and a certification that the rent paid reflects the reasonable value of the irrigation water to the productivity of the land. The Secretary may require any lessee to submit to him, for his examination, a complete copy of any such lease executed by each of the parties thereto.

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

43 U.S.C. § 390hh — Operation and maintenance charges

**(a) Price adequate to recover charges** The price of irrigation water delivered by the Secretary pursuant to a contract or an amendment to a contract with a district, as specified in [section 390cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390cc&num=0&edition=prelim), shall be at least sufficient to recover all operation and maintenance charges which the district is obligated to pay to the United States. **(b) Modification of price** Whenever a district enters into a contract or requests that its contract be amended as specified in [section 390cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390cc&num=0&edition=prelim), and each year thereafter, the Secretary shall calculate such operation and maintenance charges and shall modify the price of irrigation water delivered under the contract as necessary to reflect any changes in such costs by amending the district’s contract accordingly. **(c) Districts not operating from Federal funds** This section shall not apply to districts which operate and maintain project facilities and finance the operation and maintenance thereof from non-Federal funds.

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

Page 120 TITLE 43—PUBLIC LANDS § 390cc standing marketable public obligations which are neither due nor callable for re- demption for fifteen years from the date of issuance; and (ii) the weighted average yield on all inter- est-bearing, marketable issues sold by the Treasury during the fiscal year preceding the fiscal year in which the expenditures are made. (4) The term ‘‘individual’’ means any natural person, including his or her spouse, and includ- ing other dependents thereof within the mean- ing of the Internal Revenue Code of 1986 (26 U.S.C. 152). (5) The term ‘‘irrigation water’’ means water made available for agricultural purposes from the operation of reclamation project facilities pursuant to a contract with the Secretary. (6) The term ‘‘landholding’’ means total irri- gable acreage of one or more tracts of land sit- uated in one or more districts owned or oper- ated under a lease which is served with irriga- tion water pursuant to a contract with the Secretary. In determining the extent of a landholding the Secretary shall add to any landholding held directly by a qualified or limited recipient that portion of any land- holding held indirectly by such qualified or limited recipient which benefits that qualified or limited recipient in proportion to that land- holding. (7) The term ‘‘limited recipient’’ means any legal entity established under State or Federal law benefiting more than twenty-five natural persons. (8) The term ‘‘project’’ means any reclama- tion or irrigation project, including incidental features thereof, authorized by Federal rec- lamation law, or constructed by the United States pursuant to such law, or in connection with which there is a repayment or water serv- ice contract executed by the United States pur

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

43 U.S.C. § 390ii — Disposition of excess lands

Page 122 TITLE 43—PUBLIC LANDS § 390hh (Pub. L. 97–293, title II, § 207, Oct. 12, 1982, 96 Stat. 1266.) § 390hh. Operation and maintenance charges (a) Price adequate to recover charges The price of irrigation water delivered by the Secretary pursuant to a contract or an amend- ment to a contract with a district, as specified in section 390cc of this title, shall be at least sufficient to recover all operation and mainte- nance charges which the district is obligated to pay to the United States. (b) Modification of price Whenever a district enters into a contract or requests that its contract be amended as speci- fied in section 390cc of this title, and each year thereafter, the Secretary shall calculate such operation and maintenance charges and shall modify the price of irrigation water delivered under the contract as necessary to reflect any changes in such costs by amending the district’s contract accordingly. (c) Districts not operating from Federal funds This section shall not apply to districts which operate and maintain project facilities and fi- nance the operation and maintenance thereof from non-Federal funds. (Pub. L. 97–293, title II, § 208, Oct. 12, 1982, 96 Stat. 1267.) § 390ii. Disposition of excess lands (a) Disposal of lands in excess of ownership limi- tations within reasonable time Irrigation water made available in the oper- ation of reclamation project facilities may not be delivered for use in the irrigation of lands held in excess of the ownership limitations im- posed by Federal reclamation law, including this subchapter, unless and until the owners thereof shall have executed a recordable contract with the Secretary, in accordance with the terms and conditions required by Federal reclamation law, requiring the d

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