43 U.S.C. § 421a — Construction of distribution and drainage

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Subsidiaries SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified, or repealed by the Submerged Lands Act, see section 1303 of this title.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-