43 U.S.C. § 485a — Definitions

Page 162 TITLE 43—PUBLIC LANDS § 485a Stat. 1187, known as the Reclamation Project Act of 1939, 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 provision set out as a note under section 485j of this title. For com- plete classification of this Act to the Code, see section 485k of this title and Tables. § 485a. Definitions As used in this subchapter— (a) The term ‘‘Federal reclamation laws’’ shall mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto. (b) The term ‘‘Secretary’’ shall mean the Sec- retary of the Interior. (c) The term ‘‘project’’ shall mean any rec- lamation or irrigation project, including inci- dental features thereof, authorized by the Fed- eral reclamation laws, or constructed by the United States pursuant to said laws, or in con- nection with which there is a repayment con- tract executed by the United States, pursuant to said laws, or any project constructed or operated and maintained by the Secretary through the Bureau of Reclamation for the reclamation of arid lands or other purposes. (d) The term ‘‘construction charges’’ shall mean the amounts of principal obligations pay- able to the United States under water-right ap- plications, repayment contracts, orders of the Secretary, or other forms of obligation entered into pursuant to the Federal reclamation laws, excepting amounts payable for water rental or power charges, operation and maintenance and other yearly service charges, and excepting also any other operation and maintenance, interest, or other charges which are not covered into the principal sums of the construction accounts of the Bureau of Reclamation. (e) The term ‘‘repayment contract’’ shall mean any contract providing for payment of construction charges to the United States. (f) The term ‘‘project contract unit’’ shall mean a project or any substantial area of a project which is covered or is proposed to be covered by a repayment contract. On any project where two or more repayment contracts in part cover the same area and in part different areas, the area covered by each such repayment contract shall be a separate project contract unit. On any project where there are either two or more repayment contracts on a single project contract unit or two or more project contract units, the repayment contracts or project con- tract units may be merged by agreements in form satisfactory to the Secretary. (g) The term ‘‘organization’’ shall mean any conservancy district, irrigation district, water users’ association, or other organization, which is organized under State law and which has ca- pacity to enter into contracts with the United States pursuant to the Federal reclamation laws. (h) The term ‘‘division of a project’’ shall mean any part of a project designated as a divi- sion by order of the Secretary or any phase or feature of project operations given a separate designation as a division by order of the Sec- retary for the purposes of orderly and efficient administration. (i) The term ‘‘development unit’’ shall mean a part of a project which, for purposes of orderly engineering or reclamation development, is des- ignated as a development unit by order of the Secretary. (j) The term ‘‘irrigation block’’ shall mean an area of arid or semiarid lands in a project in which, in the judgment of the Secretary, the ir- rigable lands should be reclaimed and put under irrigation at substantially the same time, and which is designated as an irrigation block by order of the Secretary. (Aug. 4, 1939, ch. 418, § 2, 53 Stat. 1187; Pub. L. 85–611, § 3, Aug. 8, 1958, 72 Stat. 543.) 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, known as the Reclamation Project Act of 1939, 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 provision set out as a note under section 485j of this title. For com- plete classification of this Act to the Code, see section 485k of this title and Tables. Act of June 17, 1902, referred to in subsec. (a), 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 1958—Subsecs. (h) to (k). Pub. L. 85–611 repealed sub- sec. (h) which defined ‘‘annual returns’’ and ‘‘normal returns’’, and redesignated subsecs. (i) to (k) as (h) to (j), respectively. § 485b. Amendment of existing repayment con- tracts In connection with any repayment contract or other form of obligation, existing on August 4, 1939, to pay construction charges, providing for repayment on the basis of a definite period, the Secretary is authorized, upon request by the water users involved or their duly authorized representatives for amendment under this sec- tion of said contract or other form of obligation, and if in the Secretary’s judgement such amend- ment is both practicable and in keeping with the general purpose of this subchapter, to amend said contract or other form of obligation so as to provide that the construction charges re- maining unaccrued on the date of the amend- ment, or any later date agreed upon, shall be spread in definite annual installments on the basis of a longer definite period fixed in each case by the Secretary: Provided, That for any construction charges said longer period shall not exceed forty years, exclusive of 1931 and sub- sequent years to the extent of moratoria or deferments of construction charges due and pay- able for such years effected pursuant to Acts of Congress, from the date when the first install- ment of said construction charges become due and payable under the original obligation to pay said construction charges and in no event shall the unexpired part of said longer period exceed double the number of remaining years, as of the date of the amendment made pursuant to this subchapter, in which installments of said con-