43 U.S.C. § 422j — Appropriations; notice to Congress of re-

Page 145 TITLE 43—PUBLIC LANDS § 422j grant was made prior to the effective date of Pub. L. 89–553, Sept. 2, 1966, see section 2 of Pub. L. 89–553, set out as a note under section 422b of this title. § 422f. Proposals for projects previously author- ized; waiver of requirements; approval; nego- tiation of contract Any proposal with respect to the construction of a project which has theretofore been author- ized for construction under the Federal reclama- tion laws shall be made in like manner as a pro- posal under section 422d of this title, but the Secretary may waive such requirements of sub- sections (a) and (b) of section 422d of this title as he finds to be duplicative of, or rendered unnec- essary or impossible by, action already taken by the United States. Upon approval of any such proposal by the Secretary he may negotiate and execute a contract which conforms, as nearly as may be, to the provisions of section 422e of this title. (Aug. 6, 1956, ch. 972, § 6, 70 Stat. 1046.) Editorial Notes REFERENCES IN TEXT The Federal reclamation laws, referred to in text, are defined in section 422b of this title. § 422g. Information from Federal agencies; costs Upon request of an organization which has made or intends to make a proposal under this subchapter, the head of any Federal department or agency may make available to the organiza- tion any existing engineering, economic, or hy- drologic information and printed material that it may have and that will be useful in connec- tion with the planning, design, construction, or operation and maintenance of the project con- cerned. The reasonable cost of any plans, speci- fications, and other unpublished material fur- nished by the Secretary pursuant to this section and the cost of making and administering any loan under this subchapter shall, to the extent that they would not be nonreimbursable in the case of a project constructed under the Federal reclamation laws, be treated as a loan and cov- ered in the provisions of the contract entered into under section 422e of this title unless they are otherwise paid for by the organization. (Aug. 6, 1956, ch. 972, § 7, 70 Stat. 1047.) Editorial Notes REFERENCES IN TEXT The Federal reclamation laws, referred to in text, are defined in section 422b of this title. § 422h. Planning and construction; transfer of funds The planning and construction of projects un- dertaken pursuant to this subchapter shall be subject to all procedural requirements and other provisions of the Fish and Wildlife Coordination Act (48 Stat. 401), as amended (16 U.S.C. 661 et seq.). The Secretary shall transfer to the Fish and Wildlife Service or to the National Marine Fisheries Service, out of appropriations or other funds made available under this subchapter, such funds as may be necessary to conduct the investigations required to carry out the pur- poses of this section. (Aug. 6, 1956, ch. 972, § 8, 70 Stat. 1047; Pub. L. 89–553, § 1(5), Sept. 2, 1966, 80 Stat. 377; Pub. L. 99–546, title III, § 308, Oct. 27, 1986, 100 Stat. 3055.) Editorial Notes REFERENCES IN TEXT The Fish and Wildlife Coordination Act (48 U.S.C. 401), as amended, referred to in text, is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sec- tions 661 to 666c–1 of Title 16, Conservation. For com- plete 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 Tables. AMENDMENTS 1986—Pub. L. 99–546 inserted provisions which related to transfer of funds for conduct of investigations to Fish and Wildlife Service or to National Marine Fish- eries Service. 1966—Pub. L. 89–553 substituted ‘‘the Fish and Wild- life Coordination Act, as amended’’ for ‘‘the Act of Aug. 14, 1946 (60 Stat. 1080)’’. § 422i. Rules and regulations The Secretary is authorized to perform any and all acts and to make such rules and regula- tions as may be necessary or proper in carrying out the provisions of this subchapter. (Aug. 6, 1956, ch. 972, § 9, 70 Stat. 1047.) § 422j. Appropriations; notice to Congress of re- ceipt of proposal; funds to initiate proposal; availability of appropriations; reimburse- ment; limitations on expenditures in any sin- gle State; waiver There are authorized to be appropriated, such sums as may be necessary, but not to exceed $600,000,000, to carry out the provisions of this subchapter and, effective October 1, 1986, not to exceed an additional $600,000,000: Provided, That the Secretary shall advise the Congress prompt- ly on the receipt of each proposal referred to in section 422c of this title, and no contract shall become effective until appropriated funds are available to initiate the specific proposal cov- ered by each contract. All such appropriations shall remain available until expended and shall, insofar as they are used to finance loans made under this subchapter, be reimbursable in the manner hereinabove provided. Not more than 20 percent of the total amount of additional funds authorized to be appropriated effective October 1, 1986, for loans and grants pursuant to this sub- chapter shall be for projects in any single State: Provided, That beginning five years after Octo- ber 27, 1986, the Secretary is authorized to waive the 20 percent limitation for loans and grants which meet the purposes set forth in section 422a of this title: Provided further, That the deci- sion of the Secretary to waive the limitation shall be submitted to the Congress together with the project proposal pursuant to section 422d(c) of this title and shall become effective only if the Congress has not, within 60 legislative days, passed a joint resolution of disapproval for such a waiver. (Aug. 6, 1956, ch. 972, § 10, 70 Stat. 1047; Pub. L. 89–553, § 1(6), Sept. 2, 1966, 80 Stat. 377; Pub. L. Page 146 TITLE 43—PUBLIC LANDS § 422k 92–167, § 1(7), Nov. 24, 1971, 85 Stat. 488; Pub. L. 94–181, § 1(g), Dec. 27, 1975, 89 Stat. 1050; Pub. L. 96–336, § 8(a), Sept. 4, 1980, 94 Stat. 1065; Pub. L. 99–546, title III, § 309, Oct. 27, 1986, 100 Stat. 3055.) Editorial Notes CODIFICATION ‘‘October 27, 1986,’’ substituted in text for ‘‘the date of enactment of this Act’’, meaning the date of enactment of Pub. L. 99–546, which amended this section, rather than August 6, 1956, the date of enactment of this sec- tion, as the probable intent of Congress. AMENDMENTS 1986—Pub. L. 99–546 inserted ‘‘and effective October 1, 1986, not to exceed an additional $600,000,000’’ and in- serted provisions at end limiting allocation for projects in any single State to 20 percent of additional funds au- thorized to be appropriated effective Oct. 1, 1986, au- thorizing waiver of that limitation, and requiring sub- mission of waiver decision to Congress. 1980—Pub. L. 96–336 substituted ‘‘$600,000,000’’ for ‘‘$400,000,000’’. 1975—Pub. L. 94–181 substituted ‘‘$400,000,000’’ for ‘‘$300,000,000’’. 1971—Pub. L. 92–167 substituted ‘‘$300,000,000’’ for ‘‘$200,000,000’’. 1966—Pub. L. 89–553 substituted ‘‘$200,000,000’’ for ‘‘$100,000,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–336, § 8(a), Sept. 4, 1980, 94 Stat. 1065, pro- vided that the amendment made by section 8(a) is effec- tive Oct. 1, 1980. § 422k. Supplement to Federal reclamation laws; short title This subchapter shall be a supplement to the Federal reclamation laws and may be cited as the Small Reclamation Projects Act of 1956. (Aug. 6, 1956, ch. 972, § 11, 70 Stat. 1047.) Editorial Notes REFERENCES IN TEXT The Federal reclamation laws, referred to in text, are defined in section 422b of this title. § 422k–1. Loan contracts for deferment of repay- ment installments; amendment or sup- plementation A loan contract negotiated and executed pur- suant to this subchapter may be amended or supplemented for the purpose of deferring repay- ment installments in accordance with the provi- sions of section 485b–1(b) of this title. (Aug. 6, 1956, ch. 972, § 13, as added Pub. L. 92–167, § 1(8), Nov. 24, 1971, 85 Stat. 488.) § 422l. Application of this subchapter to Hawaii This subchapter as heretofore and hereafter amended, shall apply to the State of Hawaii. (Pub. L. 86–624, § 31, July 12, 1960, 74 Stat. 421.) Editorial Notes CODIFICATION Section was enacted as a part of the Hawaii Omnibus Act, and not as a part of the Small Reclamation Projects Act of 1956 which comprises this subchapter. SUBCHAPTER V—ADMINISTRATION OF EXISTING PROJECTS § 423. Permanently unproductive lands; exclusion from project; disposition of water right All lands found by the classification made under the supervision of the Board of Survey and Adjustments (House Document 201, 69th Congress, 1st Session, checked and modified as outlined in General Recommendations numbered 2 and 4, Page 60 of said document), to be perma- nently unproductive shall be excluded from the project and no water shall be delivered to them after the date of such exclusion unless and until they are restored to the project. Except as here- in otherwise provided, the water right formerly appurtenant to such permanently unproductive lands shall be disposed of by the United States under the reclamation law: Provided, That the water users on the projects shall have a pref- erence right to the use of the water: And pro- vided further, That any surplus water tempo- rarily available may be furnished upon a rental basis for use on lands excluded from the project under this section, on terms and conditions to be approved by the Secretary of the Interior. (May 25, 1926, ch. 383, §§ 40, 41, 44 Stat. 647.) Statutory Notes and Related Subsidiaries SECTIONS 423 TO 423g AND 610 UNAFFECTED BY SECTIONS 451 TO 451k OF THIS TITLE Act Aug. 13, 1953, ch. 428, § 10, 67 Stat. 568, provided in part that: ‘‘Nothing contained in this Act [enacting sections 451 to 451k of this title] shall be held to repeal, supersede, or supplement the provisions for exchange and matters related thereto contained in the Act of May 25, 1926 (44 Stat. 636), as amended and supple- mented [sections 423 to 423g and 610 of this title].’’ § 423a. Construction charges on permanently un- productive lands already paid; disposition The construction charges prior to May 25, 1926, paid on permanently unproductive lands ex- cluded from the project shall be applied as a credit on charges due or to become due on any remaining irrigable land covered by the same water-right contract or land taken in exchange as provided in section 423c of this title. If the charges so paid exceed the amount of all water- right charges due and unpaid, plus the construc- tion charges not yet due, the balance shall be paid in cash to the holder of the water-right contract covering the land so excluded or to the irrigation district affected; which in turn shall be charged with the responsibility of making suitable adjustment with the landowners in- volved. Should all the irrigable lands of a water- right applicant be excluded from the project as permanently unproductive, and no exchange be made as provided in said section, the total con- struction charges paid before May 25, 1926, less any accrued charges on account of operation and maintenance, shall be refunded in cash, the water-right contract shall be canceled, and all liens on account of water-right charges shall be released. (May 25, 1926, ch. 383, § 42, 44 Stat. 647.)