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43 U.S.C. § 485j — Effect on existing laws
Federal law — U.S. Code and appendices · legal_authorities
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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 485h
Stored review status: release_metadata_unconfirmed. The source passage cites 43 U.S.C. § 485h. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 485h
Stored review status: historical_2024_not_currentness_verified. The source passage cites 43 U.S.C. § 485h. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
The provisions of previous Acts of Congress not inconsistent with the provisions of this subchapter shall remain in full force and effect.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 485j
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.