43 U.S.C. § 422a — Declaration of purpose

Page 140 TITLE 43—PUBLIC LANDS § 421h § 421h. Procedural and substantive requirements applicable to works financed by loans pursu- ant to sections 421a to 421h of this title Works financed by loans made under sections 421a to 421h of this title shall be subject to all procedural and substantive requirements of the Fish and Wildlife Coordination Act [16 U.S.C. 661 et seq.], the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et seq.], and the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]. (July 4, 1955, ch. 271, § 8, as added Pub. L. 92–487, Oct. 13, 1972, 86 Stat. 806.) Editorial Notes REFERENCES IN TEXT The Fish and Wildlife Coordination Act, referred to in text, is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of Title 16, Conservation. For complete 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 Ta- bles. The Federal Water Pollution Control Act, as amend- ed, referred to in text, is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Wa- ters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The National Environmental Policy Act of 1969, re- ferred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. § 422. Construction of dams across Yellowstone River Where, in carrying out projects under the pro- visions of the national reclamation Act it shall be necessary to construct dams in or across the Yellowstone River in the State of Montana, the Secretary of the Interior is hereby authorized to construct and use and operate the same in the manner and for the purposes contemplated by said reclamation Act. (Mar. 3, 1905, ch. 1476, 33 Stat. 1045.) Editorial Notes REFERENCES IN TEXT The national reclamation Act, referred to in text, probably means act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is clas- sified generally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. SUBCHAPTER IV—CONSTRUCTION OF SMALL PROJECTS § 422a. Declaration of purpose The purpose of this subchapter is to encourage State and local participation in the development of projects under the Federal reclamation laws, with emphasis on rehabilitation and betterment of existing projects for purposes of significant conservation of water, energy and the environ- ment and for purpose of water quality control, and to provide for Federal assistance in the de- velopment of similar projects in the seventeen western reclamation States by non-Federal or- ganizations. (Aug. 6, 1956, ch. 972, § 1, 70 Stat. 1044; Pub. L. 99–546, title III, § 302, Oct. 27, 1986, 100 Stat. 3053.) Editorial Notes REFERENCES IN TEXT The Federal reclamation laws, referred to in text, are defined in section 422b of this title. AMENDMENTS 1986—Pub. L. 99–546 inserted ‘‘, with emphasis on re- habilitation and betterment of existing projects for purposes of significant conservation of water, energy and the environment and for purpose of water quality control,’’ after ‘‘laws’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–546, title III, § 310, Oct. 27, 1986, 100 Stat. 3055, provided that: ‘‘The provisions of Sections 303 and 308 of this title [amending sections 422c and 422h of this title] shall take effect upon enactment of this title [Oct. 27, 1986]. The provisions of sections 304(a) and 305 of this title [amending section 422d of this title] shall be applicable to all proposals for which final applica- tions are received by the Secretary after January 1, 1986. The provisions of Sections 302, 304(b), 306, and 307 [amending this section and sections 422d and 422e of this title] shall be applicable to all proposals for which draft applications are received by the Secretary after Auguest [sic] 15, 1986.’’ SEPARABILITY Act Aug. 6, 1956, ch. 972, § 12, 70 Stat. 1047, provided that: ‘‘If any provisions of this Act [enacting this sub- chapter] or the application of such provision to any person, organization, or circumstance shall be held in- valid, the remainder of the Act and the application of such provision to persons, organizations, or cir- cumstances other than those as to which it is held in- valid shall not be affected thereby.’’ § 422b. Definitions As used in this subchapter— (a) The term ‘‘construction’’ shall include re- habilitation and betterment. (b) The term ‘‘Federal reclamation laws’’ shall mean the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto. (c) The term ‘‘organization’’ shall mean a State or a department, agency, or political sub- division thereof or a conservancy district, irri- gation district, water users’ association, an agency created by interstate compact, or simi- lar organization which has capacity to contract with the United States under the Federal rec- lamation laws. (d) The term ‘‘project’’ shall mean (i) any com- plete irrigation project, or (ii) any multiple-pur- pose water resource project that is authorized or is eligible for authorization under the Federal reclamation laws, or (iii) any distinct unit of a project described in clause (i) and (ii) or (iv) any project for the drainage of irrigated lands, with- out regard to whether such lands are irrigated with water supplies developed pursuant to the