43 U.S.C. § 390 — Utilization of dams and reservoir projects

Page 92 TITLE 43—PUBLIC LANDS § 389 Statutory Notes and Related Subsidiaries DEFINITIONS The definitions in section 485a of this title apply to this section. § 389. Relocation of highways, railroads, trans- mission lines, etc., exchange of water, water rights or electric energy The Secretary is authorized, in connection with the construction or operation and mainte- nance of any project, (a) to purchase or condemn suitable lands or interests in lands for reloca- tion of highways, roadways, railroads, telegraph, telephone, or electric transmission lines, or any other properties whatsoever, the relocation of which in the judgment of the Secretary is neces- sitated by said construction or operation and maintenance, and to perform any or all work in- volved in said relocations on said lands or inter- ests in lands, other lands or interests in lands owned and held by the United States in connec- tion with the construction or operation and maintenance of said project, or properties not owned by the United States; (b) to enter into contracts with the owners of said properties whereby they undertake to acquire any or all property needed for said relocation, or to per- form any or all work involved in said reloca- tions; and (c) for the purpose of effecting com- pletely said relocations, to convey or exchange Government properties acquired or improved under (a) above, with or without improvements, or other properties owned and held by the United States in connection with the construc- tion or operation and maintenance of said project, or to grant perpetual easements therein or thereover. Grants or conveyances hereunder shall be by instruments executed by the Sec- retary without regard to provisions of law gov- erning the patenting of public lands. The Secretary is further authorized, for the purpose of orderly and economical construction or operation and maintenance of any project, to enter into such contracts for exchange or re- placement of water, water rights, or electric en- ergy or for the adjustment of water rights, as in his judgment are necessary and in the interests of the United States and the project. (Aug. 4, 1939, ch. 418, § 14, 53 Stat. 1197.) Statutory Notes and Related Subsidiaries DEFINITIONS The definitions in section 485a of this title apply to this section. § 390. Utilization of dams and reservoir projects for irrigation purposes; additional construc- tion; necessity of authorization; apportion- ment of cost; limitation On and after December 22, 1944, whenever the Secretary of the Army determines, upon rec- ommendation by the Secretary of the Interior that any dam and reservoir project operated under the direction of the Secretary of the Army may be utilized for irrigation purposes, the Secretary of the Interior is authorized to construct, operate, and maintain, under the pro- visions of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), such addi- tional works in connection therewith as he may deem necessary for irrigation purposes. Such ir- rigation works may be undertaken only after a report and findings thereon have been made by the Secretary of the Interior as provided in said Federal reclamation laws and after subsequent specific authorization of the Congress by an au- thorization Act; and, within the limits of the water users’ repayment ability such report may be predicated on the allocation to irrigation of an appropriate portion of the cost of structures and facilities used for irrigation and other pur- poses. Dams and reservoirs operated under the direction of the Secretary of the Army may be utilized after December 22, 1944, for irrigation purposes only in conformity with the provisions of this section, but the foregoing requirement shall not prejudice lawful uses now existing: Provided, That this section shall not apply to any dam or reservoir heretofore constructed in whole or in part by the Army engineers, which provides conservation storage of water for irri- gation purposes. In the case of any reservoir project constructed and operated by the Corps of Engineers, the Secretary of the Army is author- ized to allocate water which was allocated in the project purpose for municipal and industrial water supply and which is not under contract for delivery, for such periods as he may deem rea- sonable, for the interim use for irrigation pur- poses of such storage until such storage is re- quired for municipal and industrial water sup- ply. No contracts for the interim use of such storage shall be entered into which would sig- nificantly affect then-existing uses of such stor- age. (Dec. 22, 1944, ch. 665, § 8, 58 Stat. 891; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 99–662, title IX, § 931, Nov. 17, 1986, 100 Stat. 4196.) 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. AMENDMENTS 1986—Pub. L. 99–662 inserted at end ‘‘In the case of any reservoir project constructed and operated by the Corps of Engineers, the Secretary of the Army is au- thorized to allocate water which was allocated in the project purpose for municipal and industrial water sup- ply and which is not under contract for delivery, for such periods as he may deem reasonable, for the in- terim use for irrigation purposes of such storage until such storage is required for municipal and industrial water supply. No contracts for the interim use of such storage shall be entered into which would significantly affect then-existing uses of such storage.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, Page 93 TITLE 43—PUBLIC LANDS § 390b ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. EXTENSION OF VARIABLE PAYMENT PLAN Authority of Secretary to extend benefits of variable payment plan to organizations with which he contracts or has contracted for the repayment of construction costs allocated to irrigation on any project undertaken by the United States, including contracts for the stor- age of water or for the use of stored water under this section, see section 2 of Pub. L. 85–611, Aug. 8, 1958, 72 Stat. 542, set out as a note under section 485h of this title. SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain real property and functions re- lating to real property, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Depart- ment of the Air Force, see Secretary of Defense Trans- fer Order Nos. 14, eff. July 1, 1948, and 40 [App. B(133)], July 22, 1949. § 390a. Repealed. Pub. L. 105–362, title IX, § 901(e)(2), Nov. 10, 1998, 112 Stat. 3289 Section, acts July 31, 1953, ch. 298, title I, 67 Stat. 266; Pub. L. 99–294, § 10, May 12, 1986, 100 Stat. 426, related to conditions precedent for construction of dams, res- ervoir, or water supply. Provisions similar to those in this section were con- tained in act July 9, 1952, ch. 597, title I, 66 Stat. 451, prior to repeal by Pub. L. 105–362, title IX, § 901(e)(1), Nov. 10, 1998, 112 Stat. 3289. § 390b. Development of water supplies for domes- tic, municipal, industrial, and other purposes (a) Declaration of policy It is declared to be the policy of the Congress to recognize the primary responsibilities of the States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes and that the Federal Government should participate and cooperate with States and local interests in developing such water sup- plies in connection with the construction, main- tenance, and operation of Federal navigation, flood control, irrigation, or multiple purpose projects. (b) Storage in reservoir projects; agreements for payment of cost of construction or modifica- tion of projects In carrying out the policy set forth in this sec- tion, it is provided that storage may be included in any reservoir project surveyed, planned, con- structed or to be planned, surveyed and/or con- structed by the Corps of Engineers or the Bu- reau of Reclamation to impound water for present or anticipated future demand or need for municipal or industrial water, and the reason- able value thereof may be taken into account in estimating the economic value of the entire project: Provided, That the cost of any construc- tion or modification authorized under the provi- sions of this section shall be determined on the basis that all authorized purposes served by the project shall share equitably in the benefits of multiple purpose construction, as determined by the Secretary of the Army or the Secretary of the Interior, as the case may be: Provided fur- ther, That before construction or modification of any project including water supply provisions for present demand is initiated, State or local interests shall agree to pay for the cost of such provisions in accordance with the provisions of this section: And provided further, That (1) for Corps of Engineers projects, not to exceed 30 percent of the total estimated cost of any project may be allocated to anticipated future demands, and, (2) for Bureau of Reclamation projects, not to exceed 30 per centum of the total estimated cost of any project may be allo- cated to anticipated future demands where State or local interests give reasonable assur- ances, and there is reasonable evidence, that such demands for the use of such storage will be made within a period of time which will permit paying out the costs allocated to water supply within the life of the project: And provided fur- ther, That for Corps of Engineers projects, the Secretary of the Army may permit the full non- Federal contribution to be made, without inter- est, during construction of the project, or, with interest, over a period of not more than thirty years from the date of completion, with repay- ment contracts providing for recalculation of the interest rate at, five-year intervals, and for Bureau of Reclamation projects, the entire amount of the construction costs, including in- terest during construction, allocated to water supply shall be repaid within the life of the project but in no event to exceed fifty years after the project is first used for the storage of water for water supply purposes, except that (1) no payment need be made with respect to stor- age for future water supply until such supply is first used, and (2) no interest shall be charged on such cost until such supply is first used, but in no case shall the interest-free period exceed ten years. For Corps of Engineers projects, all an- nual operation and maintenance costs for mu- nicipal and industrial water supply storage under this section shall be reimbursed from State or local interests on an annual basis, and all repair, rehabilitation, and replacement costs for municipal and industrial water supply stor- age under this section shall be reimbursed from State or local interests (1) without interest, dur- ing construction of the repair, rehabilitation, or replacement, (2) with interest, in lump sum on the completion of the repair, rehabilitation, or replacement, or (3) at the request of the State or local interest, with interest, over a period of not more than 25 years beginning on the date of completion of the repair, rehabilitation, or re- placement, with repayment contracts providing for recalculation of the interest rate at 5-year intervals. At the request of the State or local in- terest, the Secretary of the Army shall amend a repayment contract entered into under this sec- tion on or before December 23, 2022, for the pur- pose of incorporating the terms and conditions described in paragraph (3) of the preceding sen- tence. For Corps of Engineers projects, any re- payment by a State or local interest shall be made with interest at a rate to be determined by