43 U.S.C. § 390ww — Administrative provisions

Page 126 TITLE 43—PUBLIC LANDS § 390ww problems of surplus crops and low commodity prices. (b) Restrictions prohibiting delivery of irrigation water for production of excess basic agricul- tural commodities In addition, notwithstanding any other provi- sion of law, in the case of any Federal reclama- tion project authorized before October 12, 1982, any restriction prohibiting the delivery of irri- gation water for the production of excess basic agricultural commodities shall extend for a pe- riod no longer than ten years after the date of the initial authorization of such project. (Pub. L. 97–293, title II, § 222, Oct. 12, 1982, 96 Stat. 1272.) § 390ww. Administrative provisions (a) Existing Federal reclamation law The provisions of Federal reclamation law shall remain in full force and effect, except to the extent such law is amended by, or is incon- sistent with, this subchapter. (b) Existing statutory exemptions from owner- ship or pricing limitations of Federal rec- lamation law Nothing in this subchapter shall repeal or amend any existing statutory exemptions from the ownership or pricing limitations of Federal reclamation law. (c) Regulations; collection of necessary data The Secretary may prescribe regulations and shall collect all data necessary to carry out the provisions of this subchapter and other provi- sions of Federal reclamation law. (d) Omitted (e) Sale of nonexcess land acquired into excess status pursuant to involuntary process of law, etc. Any nonexcess land which is acquired into ex- cess status pursuant to involuntary foreclosure or similar involuntary process of law, convey- ance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), inheritance, or devise, may be sold at its fair market value without regard to any other provision of this subchapter or to sec- tion 423e of this title: Provided, That if the sta- tus of mortgaged land changes from nonexcess into excess after the mortgage is recorded and is subsequently acquired by the lender by involun- tary foreclosure or similar involuntary process of law, by bona fide conveyance in satisfaction of the mortgage, such land may be sold at its fair market value. (f) Omitted (g) Annual audit of compliance with reclamation laws In addition to any other audit or compliance activities which may otherwise be undertaken, the Secretary of the Interior, or his designee, shall conduct a thorough audit of the compli- ance with the reclamation law of the United States, specifically including this subchapter, by legal entities and individuals subject to such law. At a minimum, the Secretary shall com- plete audits of those legal entities and individ- uals whose landholdings or operations exceed 960 acres within 3 years. (h) Recordable contracts executed prior to Octo- ber 12, 1982 The provisions of section 390ee(c) of this title are and have been applicable to all recordable contracts executed prior to October 12, 1982, and any decision, rule, or regulation promulgated by the Department of the Interior to the contrary is hereby revoked: Provided, That notwith- standing the provisions of subsection (i), the Secretary shall not seek reimbursement for any amounts due under this subsection or section 390ee(c) of this title which was due prior to De- cember 22, 1987. (i) Collection of underpayment with interest for irrigation water When the Secretary finds that any individual or legal entity subject to reclamation law, in- cluding this subchapter, has not paid the re- quired amount for irrigation water delivered to a landholding pursuant to reclamation law, in- cluding this subchapter, he shall collect the amount of any underpayment with interest ac- cruing from the date the required payment was due until paid. The interest rate shall be deter- mined by the Secretary of the Treasury on the basis of the weighted average yield of all inter- est bearing marketable issues sold by the Treas- ury during the period of underpayment. (Pub. L. 97–293, title II, § 224, Oct. 12, 1982, 96 Stat. 1272; Pub. L. 100–203, title V, § 5302(a), Dec. 22, 1987, 101 Stat. 1330–268; Pub. L. 103–437, § 16(a)(3), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 104–66, title I, § 1081(d), Dec. 21, 1995, 109 Stat. 721.) Editorial Notes REFERENCES IN TEXT The Federal reclamation law, referred to in subsecs. (a) to (c), is defined in section 390aa of this title. This subchapter, referred to in subsecs. (a) to (c) and (e), was in the original ‘‘this title’’, meaning title II (§§ 201–230) of Pub. L. 97–293, Oct. 12, 1982, 96 Stat. 1263, known as the Reclamation Reform Act of 1982, which enacted this subchapter, amended sections 373a, 422e, 425b, and 485h of this title, and repealed section 383 of Title 25, Indians. For complete classification of title II to the Code, see Tables. This subchapter, referred to in subsecs. (g) and (i), was in the original ‘‘this Act’’ and was translated as reading ‘‘this title’’. See note above. CODIFICATION Section is comprised of section 224 of Pub. L. 97–293. Subsec. (d) of section 224 amended section 425 of this title. Subsec. (f) of section 224 repealed section 383 of Title 25, Indians, and amended section 385 of Title 25. AMENDMENTS 1995—Subsec. (g). Pub. L. 104–66 struck out at end ‘‘The Secretary shall submit an annual written report to the Senate Committee on Energy and Natural Re- sources and the House Committee on Natural Re- sources. Such report shall summarize the legal entities and individuals audited, the results of such audits, and the actions taken by the Secretary to correct any in- stances of noncompliance with the reclamation law.’’ 1994—Subsec. (g). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘House Committee on’’. Page 127 TITLE 43—PUBLIC LANDS § 391 1 So in original. 1987—Subsecs. (g) to (i). Pub. L. 100–203 added subsecs. (g) to (i). § 390xx. Validation of contracts entered into prior to October 1, 1981 The provisions of any contract entered into prior to October 1, 1981, by the Secretary with a district, which define project or nonproject water, or describe the delivery of project water through nonproject facilities or nonproject water through project facilities to lands within the district, are hereby authorized and validated on the part of the United States. (Pub. L. 97–293, title II, § 225, Oct. 12, 1982, 96 Stat. 1273.) § 390yy. Leasing requirements Notwithstanding any other provision of Fed- eral reclamation law, including this subchapter, lands which receive irrigation water may be leased only if the lease instrument is— (1) written; and (2) for a term not to exceed ten years, in- cluding any exercisable options: Provided, how- ever, That leases of lands for the production of perennial crops having an average life of more than ten years may be for periods of time equal to the average life of the perennial crop but in any event not to exceed twenty-five years. (Pub. L. 97–293, title II, § 227, Oct. 12, 1982, 96 Stat. 1273.) Editorial Notes REFERENCES IN TEXT Federal reclamation law, referred to in text, is de- fined in section 390aa of this title. § 390zz. Reporting Any contracting entity subject to the owner- ship or pricing limitations of Federal reclama- tion law shall compile and maintain such records and information as the Secretary deems reasonably necessary to implement this sub- chapter and Federal reclamation law. On a date set by the Secretary following October 12, 1982, and annually thereafter, every such contracting entity shall provide in a form suitable to the Secretary such reports on the above matters as the Secretary may require. (Pub. L. 97–293, title II, § 228, Oct. 12, 1982, 96 Stat. 1274.) Editorial Notes REFERENCES IN TEXT Federal reclamation law, referred to in text, is de- fined in section 390aa of this title. § 390zz–1. Severability If any provision of this subchapter or the ap- plicability thereof to any person or cir- cumstances is held invalid, the remainder of this subchapter and the application of such provision to other persons or circumstances shall not be affected thereby. (Pub. L. 97–293, title II, § 230, Oct. 12, 1982, 96 Stat. 1274.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title II (§§ 201–230) of Pub. L. 97–293, Oct. 12, 1982, 96 Stat. 1263, known as the Rec- lamation Reform Act of 1982, which enacted this sub- chapter, amended sections 373a, 422e, 425b, and 485h of this title, and repealed section 383 of Title 25, Indians. For complete classification of title II to the Code, see Tables. SUBCHAPTER II—RECLAMATION FUND GENERALLY § 391. Establishment of ‘‘reclamation fund’’ All moneys received from the sale and disposal of public lands in Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, beginning with the fiscal year ending June 30, 1901, including the surplus of fees and commis- sions in excess of allowances to officers des- ignated by the Secretary of the Interior, and ex- cepting the 5 per centum of the proceeds of the sales of public lands in the above States set aside by law for educational and other purposes, shall be, and the same are, reserved, set aside, and appropriated as a special fund in the Treas- ury to be known as the ‘‘reclamation fund’’, to be used in the examination and survey for and the construction and maintenance of irrigation works for the storage, diversion, and develop- ment of waters for the reclamation of arid and semiarid lands in the said States and Terri- tories, and for the payment of all other expendi- tures provided for in this Act. The provisions of the Act entitled ‘‘An Act ap- propriating the receipts from the sale and dis- posal of public lands in certain States and Terri- tories to the construction of irrigation works for the reclamation of arid lands,’’ approved June seventeenth, nineteen hundred and two, be, and the same are hereby, extended so as to include and apply to the State of Texas, American Samoa, Guam, the Northern Mariana Islands and the Virgin Islands..1 (June 17, 1902, ch. 1093, § 1 (part), 32 Stat. 388; June 12, 1906, ch. 3288, 34 Stat. 259; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 99–396, § 17, Aug. 27, 1986, 100 Stat. 843.) Editorial Notes REFERENCES IN TEXT This Act, referred to in first par., and the Act enti- tled ‘‘An Act appropriating the receipts from the sale and disposal of public lands in certain States and Terri- tories to the construction of irrigation works for the reclamation of arid lands,’’ approved June seventeenth, nineteen hundred and two, referred to in second par., are act June 17, 1902, popularly known as the Reclama- tion 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.