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43 U.S.C. § 485j — Effect on existing laws

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

43 U.S.C. § 485j — Effect on existing laws

Page 171 TITLE 43—PUBLIC LANDS § 491 formity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof: Pro- vided, That the right to the use of water ac- quired under the provisions of such sections shall be appurtenant to the land irrigated and beneficial use shall be the basis, the measure, and the limit of the right. (July 2, 1956, ch. 492, § 4, 70 Stat. 484.) Editorial Notes CODIFICATION Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter. § 485h–5. Supplement to Federal reclamation laws Sections 485h–1 to 485h–5 of this title shall be a supplement to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). (July 2, 1956, ch. 492, § 5, 70 Stat. 484.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified gen- erally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. CODIFICATION Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter. § 485h–6. Repayment contracts; amendment for provision, addition or modification of irriga- tion blocks After the execution of a contract pursuant to the authority of section 9(d)(1) of the Reclama- tion Project Act of 1939 [43 U.S.C. 485h(d)(1)] and prior to the commencement of the development period provided thereunder, the Secretary of the Interior is authorized to amend such contract to provide for irr

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Page 171 TITLE 43—PUBLIC LANDS § 491 formity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof: Pro- vided, That the right to the use of water ac- quired under the provisions of such sections shall be appurtenant to the land irrigated and beneficial use shall be the basis, the measure, and the limit of the right. (July 2, 1956, ch. 492, § 4, 70 Stat. 484.) Editorial Notes CODIFICATION Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter. § 485h–5. Supplement to Federal reclamation laws Sections 485h–1 to 485h–5 of this title shall be a supplement to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). (July 2, 1956, ch. 492, § 5, 70 Stat. 484.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified gen- erally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. CODIFICATION Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter. § 485h–6. Repayment contracts; amendment for provision, addition or modification of irriga- tion blocks After the execution of a contract pursuant to the authority of section 9(d)(1) of the Reclama- tion Project Act of 1939 [43 U.S.C. 485h(d)(1)] and prior to the commencement of the development period provided thereunder, the Secretary of the Interior is authorized to amend such contract to provide for irrigation blocks, or if such are al- ready provided, to add to or modify such irriga- tion blocks, as he shall deem desirable to carry out the purposes of that Act. (Pub. L. 87–613, § 1, Aug. 28, 1962, 76 Stat. 407.) Editorial Notes REFERENCES IN TEXT That Act, referred to in text, means act Aug. 4, 1939, ch. 418, 53 Stat. 1187, which enacted this subchapter, sections 375a, 380a, and 387 to 389 of this title and sec- tion 16d of former Title 41, Public Contracts, and en- acted provision set out as a note under section 485j of this title. For complete classification of this Act to the Code, see section 485k of this title and Tables. CODIFICATION Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter. § 485h–7. Amendment of repayment contract for payment of annual installments in two parts In any repayment contract which provides for payment of construction charges by single an- nual installments, the Secretary may by agree- ment with the contracting organization amend such contract to provide for the payment of such annual installments in two parts on such dates in the calendar year as may best enable the con- tracting organization to meet its payments. (Pub. L. 87–613, § 3, Aug. 28, 1962, 76 Stat. 408.) Editorial Notes CODIFICATION Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter. § 485i. Rules and regulations The Secretary is authorized to perform any and all acts and to make such rules and regula- tions as may be necessary and proper for the purpose of carrying the provisions of this sub- chapter into full force and effect. (Aug. 4, 1939, ch. 418, § 15, 53 Stat. 1198.) § 485j. Effect on existing laws The provisions of previous Acts of Congress not inconsistent with the provisions of this sub- chapter shall remain in full force and effect. (Aug. 4, 1939, ch. 418, § 16, 53 Stat. 1198.) Statutory Notes and Related Subsidiaries CONSTRUCTION WITH OTHER LAWS Act Aug. 4, 1939, ch. 418, § 18, 53 Stat. 1198, provided that: ‘‘Nothing in this Act [see section 485k of this title] shall be construed to amend the Boulder Canyon Project Act (45 Stat. 1057), as amended [section 617 et seq. of this title].’’ § 485k. Short title This subchapter may be cited as the ‘‘Rec- lamation Project Act of 1939.’’ (Aug. 4, 1939, ch. 418, § 19, 53 Stat. 1198.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this Act’’, meaning act Aug. 4, 1939, ch. 418, 53 Stat. 1187, which enacted this subchapter, sections 375a, 380a, and 387 to 389 of this title and section 16d of former Title 41, Public Contracts, and enacted provi- sion set out as a note under section 485j of this title. For complete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2013 AMENDMENT Pub. L. 113–24, § 1, Aug. 9, 2013, 127 Stat. 498, provided that: ‘‘This Act [amending section 485h of this title] may be cited as the ‘Bureau of Reclamation Small Con- duit Hydropower Development and Rural Jobs Act’.’’ SUBCHAPTER XI—MAINTENANCE AND OPERATION OF WORKS GENERALLY § 491. Authority of Secretary to operate works The Secretary of the Interior is authorized and directed to use the reclamation fund for the op- eration and maintenance of all reservoirs and ir- rigation works constructed under the provisions of this Act.

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

43 U.S.C. § 485h — New projects; sale of water and electric power; lease of power privileges

**(a) Findings of Secretary** No expenditures for the construction of any new project, new division of a project, or new supplemental works on a project shall be made, nor shall estimates be submitted therefor, by the Secretary until after he has made an investigation thereof and has submitted to the President and to the Congress his report and findings on— (1) the engineering feasibility of the proposed construction; (2) the estimated cost of the proposed construction; (3) the part of the estimated cost which can properly be allocated to irrigation and probably be repaid by the water users; (4) the part of the estimated cost which can properly be allocated to power and probably be returned to the United States in net power revenues; (5) the part of the estimated cost which can properly be allocated to municipal water supply or other miscellaneous purposes and probably be returned to the United States. If the proposed construction is found by the Secretary to have engineering feasibility and if the repayable and returnable allocations to irrigation, power, and municipal water supply or other miscellaneous purposes found by the Secretary to be proper, together with any allocation to flood control or navigation made under subsection (b) of this section, equal the total estimated cost of construction as determined by the Secretary, then the new project, new division of a project, or supplemental works on a project, covered by his findings, shall be deemed authorized and may be undertaken by the Secretary. If all such allocations do not equal said total estimated cost, then said new project, new division, or new supplemental works may be undertaken by the Secretary only after provision therefor has been made by Act of Congress enacted after the Secretary has submitted

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

43 U.S.C. § 485h — New projects; sale of water and electric

Page 165 TITLE 43—PUBLIC LANDS § 485h 1 See References in Text note below. EXTENSION OF SECRETARY’S AUTHORITY TO ENTER INTO AMENDATORY CONTRACTS Secretary’s authority extended through Dec. 31, 1960, see section 485b–1 of this title. § 485g. Classification of lands (a) Generally The Secretary is authorized and directed in the manner hereinafter provided to classify or to reclassify, from time to time but not more often than at five-year intervals, as to irrigability and productivity those lands which have been, are, or may be included within any project. (b) Necessity for request No classification or reclassification pursuant to the authority of this subchapter shall be un- dertaken unless a request therefor, by an organi- zation or duly authorized representatives of the water users, in the form required by subsection (c) of this section has been made of the Sec- retary. The Secretary shall plan the classifica- tion work, undertaken pursuant to the author- ity of this section, in such manner as in his judgment will result in the most expeditious completion of the work. (c) Furnishing data In any request made to the Secretary for a land classification or reclassification under this section, the organization or representatives of the water users shall furnish a list of those lands which are considered to be of comparatively low productivity or to be nonproductive, and of those lands which are considered to be of greater or lesser productivity than indicated by existing classifications, if any, made pursuant to the Federal reclamation laws, and shall furnish also such data relating thereto as the Secretary by regulation may require. (d) Primary determination Upon receipt of any such request the Sec- retary shall make a preliminary d

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

43 U.S.C. § 485j — Effect on existing laws

The provisions of previous Acts of Congress not inconsistent with the provisions of this subchapter shall remain in full force and effect.

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