43 U.S.C. § 505 — Drainage facilities and minor construction

Page 178 TITLE 43—PUBLIC LANDS § 505 1975—Pub. L. 94–102 required return of costs for small reclamation projects including interest payments. 1950—Act Mar. 3, 1950, struck out period at end of sec- ond sentence and inserted ‘‘; except that, any such de- termination may become effective prior to the expira- tion of such sixty days in any case in which each such committee approves an earlier date and notifies the Secretary in writing, of such approval: Provided, That when Congress is not in session the Secretary’s deter- mination, if accompanied by a finding by the Secretary that substantial hardship to the water users concerned or substantial further injury to the project works will result, shall become effective when the chairman and ranking minority member of each such committee shall file with the Secretary their written approval of said findings.’’ Statutory Notes and Related Subsidiaries SHORT TITLE Act Oct. 7, 1949, ch. 650, 63 Stat. 724, which enacted this section and provisions set out below, is popularly known as the ‘‘Rehabilitation and Betterment Act of 1949’’. SUPPLEMENTAL TO FEDERAL RECLAMATION LAWS Act Oct. 7, 1949, ch. 650, § 2, 63 Stat. 725, provided that: ‘‘This Act [enacting this section] shall be deemed a sup- plement to the Federal reclamation laws.’’ § 505. Drainage facilities and minor construction in irrigation works; contracts with repay- ment organizations; limitation on costs; sub- mission of contract to Congress Funds appropriated for the construction of ir- rigation works authorized to be undertaken pur- suant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), the Act of August 11, 1939 (53 Stat. 1418), as amended [16 U.S.C. 590y et seq.], or other Acts of Congress may, insofar as such funds are available for the construction of drainage facilities and other minor items, be utilized by the Secretary of the Interior to accomplish such work by contract, by force account or, notwithstanding any other law and subject only to such reasonable terms and conditions as the Secretary shall deem ap- propriate for the protection of the United States, by contract entered into with the repay- ment organization concerned whereby said orga- nization shall perform such work: Provided, That in the event construction work to be accom- plished by any one repayment organization, pur- suant to contract with the United States, ex- ceeds a total cost of $200,000, such contract shall not be executed by the Secretary prior to the ex- piration of sixty calendar days (which sixty days, however, shall not include days on which either the House of Representatives or the Sen- ate is not in session because of an adjournment of more than three days to a day certain) from the date on which it has been submitted to the Speaker of the House and the President of the Senate for reference to the appropriate Commit- tees, except that such contract may be executed prior to expiration of such sixty days in any case in which both such Committees approve said contract and notify the Secretary in writ- ing of such approval. (June 13, 1956, ch. 382, 70 Stat. 274.) 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. Act of August 11, 1939, referred to in text, is classified generally to subchapter II (§ 590y et seq.) of chapter 3C of Title 16, Conservation. For complete classification of this Act to the Code, see Tables. § 505a. Definitions In sections 505a to 505a–2 of this title: (1) Asset (A) In general The term ‘‘asset’’ means any of the fol- lowing assets that are used to achieve the mission of the Bureau to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the United States: (i) Capitalized facilities, buildings, struc- tures, project features, power production equipment, recreation facilities, or quar- ters. (ii) Capitalized and noncapitalized heavy equipment and other installed equipment. (B) Inclusions The term ‘‘asset’’ includes assets described in subparagraph (A) that are considered to be mission critical. (2) Asset Management Report The term ‘‘Asset Management Report’’ means— (A) the annual plan prepared by the Bu- reau known as the ‘‘Asset Management Plan’’; and (B) any publicly available information re- lating to the plan described in subparagraph (A) that summarizes the efforts of the Bu- reau to evaluate and manage infrastructure assets of the Bureau. (3) Major repair and rehabilitation need The term ‘‘major repair and rehabilitation need’’ means major nonrecurring maintenance at a Reclamation facility, including mainte- nance related to the safety of dams, extraor- dinary maintenance of dams, deferred major maintenance activities, and all other signifi- cant repairs and extraordinary maintenance. (Pub. L. 116–9, title VIII, § 8601, Mar. 12, 2019, 133 Stat. 827.) Editorial Notes REFERENCES IN TEXT Sections 505a to 505a–2 of this title, referred to in text, was in the original ‘‘this part’’, which was trans- lated as reading ‘‘this subtitle’’, meaning subtitle G of title VIII of Pub. L. 116–9, which is classified generally to sections 505a to 505a–2 of this title, to reflect the probable intent of Congress. Subtitle G of title VIII of Pub. L. 116–9 does not contain parts.