43 U.S.C. § 422b — Definitions

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. Construction of dams across Yellowstone River Where, in carrying out projects under the pro- visions of the national reclamation Act it shall be necessary to construct dams in or across the Yellowstone River in the State of Montana, the Secretary of the Interior is hereby authorized to construct and use and operate the same in the manner and for the purposes contemplated by said reclamation Act. (Mar. 3, 1905, ch. 1476, 33 Stat. 1045.) Editorial Notes REFERENCES IN TEXT The national reclamation Act, referred to in text, probably means act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is clas- sified generally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. SUBCHAPTER IV—CONSTRUCTION OF SMALL PROJECTS § 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 environ- ment and for purpose of water quality control, and to provide for Federal assistance in the de- velopment of similar projects in the seventeen western reclamation States by non-Federal or- ganizations. (Aug. 6, 1956, ch. 972, § 1, 70 Stat. 1044; Pub. L. 99–546, title III, § 302, Oct. 27, 1986, 100 Stat. 3053.) Editorial Notes REFERENCES IN TEXT The Federal reclamation laws, referred to in text, are defined in section 422b of this title. AMENDMENTS 1986—Pub. L. 99–546 inserted ‘‘, with emphasis on re- habilitation and betterment of existing projects for purposes of significant conservation of water, energy and the environment and for purpose of water quality control,’’ after ‘‘laws’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–546, title III, § 310, Oct. 27, 1986, 100 Stat. 3055, provided that: ‘‘The provisions of Sections 303 and 308 of this title [amending sections 422c and 422h of this title] shall take effect upon enactment of this title [Oct. 27, 1986]. The provisions of sections 304(a) and 305 of this title [amending section 422d of this title] shall be applicable to all proposals for which final applica- tions are received by the Secretary after January 1, 1986. The provisions of Sections 302, 304(b), 306, and 307 [amending this section and sections 422d and 422e of this title] shall be applicable to all proposals for which draft applications are received by the Secretary after Auguest [sic] 15, 1986.’’ SEPARABILITY Act Aug. 6, 1956, ch. 972, § 12, 70 Stat. 1047, provided that: ‘‘If any provisions of this Act [enacting this sub- chapter] or the application of such provision to any person, organization, or circumstance shall be held in- valid, the remainder of the Act and the application of such provision to persons, organizations, or cir- cumstances other than those as to which it is held in- valid shall not be affected thereby.’’ § 422b. Definitions As used in this subchapter— (a) The term ‘‘construction’’ shall include re- habilitation 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 sub- division thereof or a conservancy district, irri- gation district, water users’ association, an agency created by interstate compact, or simi- lar organization which has capacity to contract with the United States under the Federal rec- lamation laws. (d) The term ‘‘project’’ shall mean (i) any com- plete irrigation project, or (ii) any multiple-pur- pose 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, with- out regard to whether such lands are irrigated with water supplies developed pursuant to the Page 141 TITLE 43—PUBLIC LANDS § 422d 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 allow- able 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 facili- ties meet standards of design and construction which he shall promulgate and that the cost of such existing facilities represent less than fifty per centum of the cost of the project. Nothing contained in this subchapter shall preclude the making of more than one loan or grant, or com- bined loan and grant, to an organization so long as no two such loans or grants, or combinations thereof, are for the same project, as herein de- fined. (e) The term ‘‘Secretary’’ shall mean the Sec- retary of the Interior. (f) The maximum allowable estimated total project cost of a proposal submitted during any given calendar year shall be determined by the Secretary using the Bureau of Reclamation composite construction cost index for January of that year with $15,000,000 as the January 1971 base. (Aug. 6, 1956, ch. 972, § 2, 70 Stat. 1044; Pub. L. 89–553, § 1(1), Sept. 2, 1966, 80 Stat. 376; Pub. L. 92–167, § 1(1), Nov. 24, 1971, 85 Stat. 488; Pub. L. 94–181, § 1(a), (b), Dec. 27, 1975, 89 Stat. 1049.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in par. (b), is popu- larly known as the Reclamation Act, which is classified generally 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. AMENDMENTS 1975—Subsec. (d). Pub. L. 94–181, § 1(a), substituted provisions limiting the estimated cost of the project described in cls. (i), (ii), (iii), (iv), and (v) to the max- imum allowable estimated total project cost as deter- mined by subsection (f) of this section, for provisions limiting the estimated cost of such projects to $15,000,000, and inserted proviso relating to a project de- scribed in cl. (i), (ii), or (iii). Subsec. (f). Pub. L. 94–181, § 1(b), added subsec. (f). 1971—Subsec. (d). Pub. L. 92–167 redefined the size and character of projects which are eligible for approval under the program, increasing money limitation from $1,000,000 to $15,000,000 and making projects eligible, without being only for irrigation, for single purpose ir- rigation, single purpose drainage, multiple purpose, a distinct unit of the foregoing, or rehabilitation of any of the foregoing. 1966—Subsec. (d). Pub. L. 89–553 raised from $5,000,000 to $6,500,000 the maximum amount for a loan or grant for a particular project. Statutory Notes and Related Subsidiaries RETROACTIVE EFFECT OF 1966 AMENDMENT Pub. L. 89–553, § 2, Sept. 2, 1966, 80 Stat. 377, provided that: ‘‘Nothing contained in this Act [amending this section and sections 422d, 422e, 422h, and 422j of this title] shall be applicable to or affect in any way the terms on which any loan or grant has been made prior to the effective date of this Act [Sept. 2, 1966].’’ § 422c. Proposals; submission; payment for cost of examination Any organization desiring to avail itself of the benefits provided in this subchapter shall sub- mit a proposal therefor to the Secretary in such form and manner as he shall prescribe. Each such proposal shall be accompanied by a pay- ment of $5,000 to defray, in part, the cost of ex- amining the proposal. (Aug. 6, 1956, ch. 972, § 3, 70 Stat. 1044; Pub. L. 99–546, title III, § 303, Oct. 27, 1986, 100 Stat. 3053.) Editorial Notes AMENDMENTS 1986—Pub. L. 99–546 substituted ‘‘$5,000’’ for ‘‘$1,000’’. § 422d. Contents of proposals (a) Plans and estimates; review by States; alloca- tion of capital costs Any proposal with respect to the construction of a project which has not theretofore been au- thorized for construction under the Federal rec- lamation laws shall set forth, among other things, a plan and estimated cost in detail com- parable to those included in preauthorization re- ports 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, 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 allo- cated to that purpose and costs for facilities used for more than one purpose shall be so allo- cated among the purposes served that each pur- pose 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 wild- life 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 show- ing 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 law, to the use of water necessary for the successful construction, operation, and maintenance of the project and that it is ready, able, and willing to finance oth- erwise than by loan and grant of Federal funds such portion of the cost of the project (which portion shall include all costs of acquiring lands, interests in land, and rights to the use of water), except as provided in section 422e(b)(2) of this title as the Secretary shall have advised is proper in the circumstances.