43 U.S.C. § 421b — Loans for construction of distribution and

Page 137 TITLE 43—PUBLIC LANDS § 421b lands in private ownership which may be irri- gated by the waters of the said irrigation project, and the number of annual installments in which such charges shall be paid and the time when such payments shall commence: Provided, That in all construction work eight hours shall constitute a day’s work. (June 17, 1902, ch. 1093, § 4, 32 Stat. 389; May 10, 1956, ch. 256, 70 Stat. 151.) Editorial Notes CODIFICATION Section is comprised of part of section 4 of act June 17, 1902. Remainder of such section 4 is classified to sec- tion 461 of this title. AMENDMENTS 1956—Act May 10, 1956, substituted a period for the comma after ‘‘work’’ in proviso, and struck out ‘‘and no Mongolian labor shall be employed thereon.’’ Statutory Notes and Related Subsidiaries SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified, or repealed by the Submerged Lands Act, see section 1303 of this title. § 420. Use of earth, timber, etc., from other public lands In carrying out the provisions of the national irrigation law approved June 17, 1902, and in con- structing works thereunder, the Secretary of the Interior is authorized to use and to permit the use by those engaged in the construction of works under said law, under rules and regula- tions to be prescribed by him, such earth, stone, and timber from the public lands of the United States as may be required in the construction of such works, and the Secretary of Agriculture is authorized to permit the use of earth, stone, and timber from the national forests of the United States for the same purpose, under rules and regulations to be prescribed by him. (Feb. 8, 1905, ch. 552, 33 Stat. 706; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.) Editorial Notes REFERENCES IN TEXT The national irrigation law approved June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete clas- sification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. CODIFICATION Act Mar. 4, 1907 redesignated ‘‘forest reserves’’ as ‘‘national forests’’. § 421. Acquisition of lands for irrigation project; eminent domain Where, in carrying out the provisions of this Act, it becomes necessary to acquire any rights or property, the Secretary of the Interior is au- thorized to acquire the same for the United States by purchase or by condemnation under judicial process, and to pay from the reclama- tion fund the sums which may be needed for that purpose, and it shall be the duty of the Attorney General of the United States upon every applica- tion of the Secretary of the Interior, under this Act, to cause proceedings to be commenced for condemnation within thirty days from the re- ceipt of the application at the Department of Justice. (June 17, 1902, ch. 1093, § 7, 32 Stat. 389.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act June 17, 1902, pop- ularly known as the Reclamation Act, which is classi- fied generally to this chapter. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 371 of this Title and Tables. Statutory Notes and Related Subsidiaries SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified, or repealed by the Submerged Lands Act, see section 1303 of this title. § 421a. Construction of distribution and drainage systems by irrigation districts or public agencies Distribution and drainage systems authorized to be constructed under the Federal reclamation laws may, in lieu of construction by the Sec- retary of the Interior (referred to in sections 421a to 421h of this title as the ‘‘Secretary’’), be constructed by irrigation districts or other pub- lic agencies according to plans and specifica- tions approved by the Secretary as provided in sections 421a to 421h of this title. The drainage systems referred to in sections 421a to 421h of this title are those required for collection and removal of excess irrigation water, either on or below the surface of the ground and do not in- clude enlargement or alteration of existing wa- terways for disposition or natural runoff. (July 4, 1955, ch. 271, § 1, 69 Stat. 244; Pub. L. 92–487, Oct. 13, 1972, 86 Stat. 804.) Editorial Notes AMENDMENTS 1972—Pub. L. 92–487 substituted provisions relating to construction of distribution and drainage systems, for provisions relating to construction of irrigation sys- tems, and inserted provisions setting forth the type of drainage systems subject to coverage of sections 421a to 421h of this title. § 421b. Loans for construction of distribution and drainage systems; repayment contract; time period for repayment of loan; ‘‘irrigation dis- trict or other public agency’’ defined To assist financially in the construction of the aforesaid local distribution and drainage sys- tems by irrigation districts and other public agencies the Secretary is authorized, on applica- tion therefor by such irrigation districts or other public agencies, to make funds available on a loan basis from moneys appropriated for the construction of such distribution and drain- age systems to any irrigation district or other public agency in an amount equal to the esti- mated construction cost of such system, contin- Page 138 TITLE 43—PUBLIC LANDS § 421c gent upon a finding by the Secretary that the loan can be returned to the United States in ac- cordance with the general repayment provisions of sections 485a(d) and 485h(d) of this title and upon a showing that such district or agency al- ready holds or can acquire all lands and inter- ests in land (except public and other lands or in- terests in land owned by the United States which are within the administrative jurisdiction of the Secretary and subject to disposition by him) necessary for the construction, operation, and maintenance of the project. The Secretary shall, upon approval of a loan, including any loan for a distribution and drainage system re- ceiving water from the San Luis unit, Central Valley project, authorized by the Act of June 3, 1960 (74 Stat. 156), enter into a repayment con- tract which includes such provisions as the Sec- retary shall deem necessary and proper to pro- vide assurance of prompt repayment of the loan within not to exceed forty years plus a develop- ment period not to exceed ten years. The term ‘‘irrigation district or other public agency’’ shall for the purposes of sections 421a to 421h of this title mean any conservancy district, irriga- tion district, water users’ organization, or other organization, which is organized under State law and which has capacity to enter into contracts with the United States pursuant to the Federal reclamation laws. (July 4, 1955, ch. 271, § 2, 69 Stat. 245; Pub. L. 92–487, Oct. 13, 1972, 86 Stat. 804.) Editorial Notes REFERENCES IN TEXT Act of June 3, 1960, referred to in text, is Pub. L. 86–488, June 3, 1960, 74 Stat. 156, which is not classified to the Code. AMENDMENTS 1972—Pub. L. 92–487 substituted provisions relating to financial assistance in the construction of local dis- tribution and drainage systems, for provisions relating to financial assistance in the construction of local irri- gation distribution systems, and inserted provisions re- lating to loans for a distribution and drainage system receiving water from the San Luis unit, Central Valley project, and provisions setting forth a specified time period for repayment of loans. Statutory Notes and Related Subsidiaries SALE OF BUREAU OF RECLAMATION LOANS Pub. L. 100–203, title V, § 5301, Dec. 22, 1987, 101 Stat. 1330–268, provided that: ‘‘(a) SALE.—The Secretary of the Interior (hereinafter in this section referred to as the ‘Secretary’), under such terms as the Secretary shall prescribe, shall sell or otherwise dispose of loans made pursuant to the Dis- tribution System Loans Act (43 U.S.C. 421a–421d) [43 U.S.C. 421a to 421h], the Small Reclamation Projects Act [of 1956] (43 U.S.C. 422a–422l) [43 U.S.C. 422a et seq.], and the Rehabilitation and Betterment Act (43 U.S.C. 504–505) [43 U.S.C. 504 and note] in such amounts as to realize net proceeds to the Federal Government of not less than $130,000,000 in the fiscal year ending Sep- tember 30, 1988. In the conduct of such sales, the Sec- retary shall take such actions as he deems appropriate to accommodate, effectuate, and otherwise protect the rights and obligations of the United States and the bor- rowers under the contracts executed to provide for re- payment of such loans. ‘‘(b) SAVINGS PROVISIONS.—Nothing in this section, including the prepayment or other disposition of any loan or loans, shall— ‘‘(1) except to the extent that prepayment may have been authorized heretofore, relieve the borrower from the application of the provisions of Federal Rec- lamation law (Act of June 17, 1902 [32 Stat. 388, see Short Title note under section 371 of this title], and Acts amendatory thereof or supplementary thereto, including the Reclamation Reform Act of 1982 [43 U.S.C. 390aa et seq.]), including acreage limitations, to the extent such provisions would apply absent such prepayment, or ‘‘(2) authorize the transfer of title to any federally owned facilities funded by the loans specified in sub- section (a) of this section without a specific Act of Congress. ‘‘(c) FEES AND EXPENSES OF PROGRAM.—Proceeds from the conduct of the program authorized by this section shall be first used to pay the fees and expenses of such program and the net proceeds shall be deposited in the Treasury of the United States as miscellaneous re- ceipts. ‘‘(d) TERMINATION.—The authority granted by this section to sell or otherwise dispose of loans shall termi- nate on December 31, 1988.’’ § 421c. Conditions of loan for distribution and drainage systems; reconveyance by Secretary of lands, interests in lands, and distribution works heretofore conveyed to the United States; conditions of reconveyance; rights of way The Secretary shall require, as conditions to any such loan, that the borrower contribute in money or materials, labor, lands, or interests in land, computed at their reasonable value, a por- tion not in excess of 10 per centum, of the con- struction cost of the distribution and drainage system (including all costs of acquiring lands and interests in land), that the plans for the sys- tem be in accord with sound engineering prac- tices and be such as will achieve the purposes for which the system was authorized, and that the borrower agree to account in full in regard to all disbursements of borrowed funds and to return at once for application toward amortiza- tion of the loan all funds which are not expended in the construction of the distribution and drainage system. Every organization con- tracting for repayment of a loan under sections 421a to 421h of this title shall operate and main- tain its distribution and drainage works in con- formity with reasonable contractual require- ments determined to be appropriate for the pro- tection of the United States. The Secretary is hereby authorized to reconvey to borrowers all lands or interests in lands and distribution works transferred to the United States under the provisions of sections 421a to 421h of this title: Provided, That any reconveyance shall be upon the condition that the repayment contract of the borrower be amended to include such pro- visions as the Secretary shall deem necessary or proper to provide assurance of and security for prompt repayment of the loan. The head of any department or agency of the Government within whose administrative jurisdiction are lands owned by the United States the use of which is reasonably necessary for the construction, oper- ation, and maintenance of distribution and drainage works under sections 421a to 421h of this title may grant to a borrower or prospective borrower under sections 421a to 421h of this title revocable permission for the use thereof in like