43 U.S.C. § 2432 — Effect on the reclamation laws

Page 640 TITLE 43—PUBLIC LANDS § 2425 (2) Recovery On notification, the Attorney General shall take such action as is appropriate to recover the unpaid principal and interest due from— (A) such assets of the defaulting non-Fed- eral borrower as are associated with the ob- ligation; or (B) any other security pledged to secure the obligation. (Pub. L. 109–451, title II, § 205, Dec. 22, 2006, 120 Stat. 3358.) § 2425. Operations, maintenance, and replace- ment costs (a) In general The non-Federal share of operations, mainte- nance, and replacement costs for a project re- ceiving Federal assistance under this subchapter shall be 100 percent. (b) Plan On request of the non-Federal borrower, the Secretary may assist in the development of an operation, maintenance, and replacement plan to provide the necessary framework to assist the non-Federal borrower in establishing rates and fees for project beneficiaries. (Pub. L. 109–451, title II, § 206, Dec. 22, 2006, 120 Stat. 3360.) § 2426. Title to newly constructed facilities (a) New projects and facilities All new projects or facilities constructed in accordance with this subchapter shall remain under the jurisdiction and control of the non- Federal borrower subject to the terms of the re- payment agreement. (b) Existing projects and facilities Nothing in this subchapter affects the title of— (1) reclamation projects authorized prior to December 22, 2006; (2) works supplemental to existing reclama- tion projects; or (3) works constructed to rehabilitate exist- ing reclamation projects. (Pub. L. 109–451, title II, § 207, Dec. 22, 2006, 120 Stat. 3360.) § 2427. Water rights (a) In general Nothing in this subchapter preempts or affects State water law or an interstate compact gov- erning water. (b) Compliance required The Secretary shall comply with State water laws in carrying out this subchapter. Nothing in this subchapter affects or preempts State water law or an interstate compact governing water. (Pub. L. 109–451, title II, § 208, Dec. 22, 2006, 120 Stat. 3360.) § 2428. Interagency coordination and cooperation (a) Consultation The Secretary shall consult with the Sec- retary of Agriculture before promulgating cri- teria with respect to financial appraisal func- tions and loan guarantee administration for ac- tivities carried out under this subchapter. (b) Memorandum of agreement The Secretary and the Secretary of Agri- culture shall enter into a memorandum of agree- ment providing for Department of Agriculture financial appraisal functions and loan guarantee administration for activities carried out under this subchapter. (Pub. L. 109–451, title II, § 209, Dec. 22, 2006, 120 Stat. 3360.) § 2429. Records; audits (a) In general A recipient of a loan guarantee shall keep such records and other pertinent documents as the Secretary shall prescribe by regulation, in- cluding such records as the Secretary may re- quire to facilitate an effective audit. (b) Access The Secretary and the Comptroller General of the United States, or their duly authorized rep- resentatives, shall have access, for the purpose of audit, to the records and other pertinent doc- uments. (Pub. L. 109–451, title II, § 210, Dec. 22, 2006, 120 Stat. 3360.) § 2430. Full faith and credit The full faith and credit of the United States is pledged to the payment of all guarantees issued under this section with respect to prin- cipal and interest. (Pub. L. 109–451, title II, § 211, Dec. 22, 2006, 120 Stat. 3360.) § 2431. Report Not later than 1 year after the date on which the eligibility criteria are published in the Fed- eral Register under section 2422(a) of this title, and every 2 years thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a re- port that describes the implementation of the loan guarantee program under section 2423 of this title. (Pub. L. 109–451, title II, § 212, Dec. 22, 2006, 120 Stat. 3361.) § 2432. Effect on the reclamation laws (a) Reclamation projects Nothing in this subchapter supersedes or amends any Federal law associated with a project, or a portion of a project, constructed under the reclamation laws. (b) No new or supplemental benefits Any assistance provided under this subchapter shall not— (1) be considered to be a new or supple- mental benefit for purposes of the Reclama- tion Reform Act of 1982 (43 U.S.C. 390aa et seq.); or (2) affect any contract in existence on De- cember 22, 2006, that is executed under the rec- lamation laws. Page 641 TITLE 43—PUBLIC LANDS § 2503 (Pub. L. 109–451, title II, § 213, Dec. 22, 2006, 120 Stat. 3361.) Editorial Notes REFERENCES IN TEXT The Reclamation Reform Act of 1982, referred to in subsec. (b)(1), is title II of Pub. L. 97–293, Oct. 12, 1982, 96 Stat. 1263, which enacted subchapter I–A (§ 390aa et seq.) of chapter 12 of this title, amended sections 373a, 422e, 425b, and 485h of this title, and repealed section 383 of Title 25, Indians. For complete classification of this Act to the Code, see Tables. § 2433. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this sub- chapter, to remain available until expended. (Pub. L. 109–451, title II, § 214, Dec. 22, 2006, 120 Stat. 3361.) § 2434. Termination of authority (a) In general Subject to subsection (b), the authority of the Secretary to carry out this subchapter termi- nates on the date that is 10 years after Decem- ber 22, 2006. (b) Exception The termination of authority under subsection (a) shall have no effect on— (1) any loans guaranteed by the United States under this subchapter; or (2) the administration of any loan guaran- teed under this subchapter before the effective date of the termination of authority. (Pub. L. 109–451, title II, § 215, Dec. 22, 2006, 120 Stat. 3361.) CHAPTER 43—SUSPENDED ENTRIES AND CLAIMS; PATENTS Sec. 2501. ‘‘Suspended entries of public lands’’ and ‘‘sus- pended preemption land claims’’. 2502. Adjudications as to suspended entries; ap- proval. 2503. Patents surrendered and new ones issued. 2504. Extent of foregoing provisions. 2505. Suspension of entries for correction of cler- ical errors; patents. 2506. Limitations of suits to annul patents. 2507. Entries and final proofs, made out of proper district, confirmed. § 2501. ‘‘Suspended entries of public lands’’ and ‘‘suspended preemption land claims’’ The Secretary of the Interior, or such officer as he may designate, is authorized to decide upon principles of equity and justice, as recog- nized in courts of equity, and in accordance with regulations to be approved by the Secretary of the Interior, consistently with such principles, all cases of suspended entries of public lands and of suspended preemption land claims, and to ad- judge in what cases patents shall issue upon the same. (R.S. § 2450; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 244; Sept. 20, 1922, ch. 350, 42 Stat. 857; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Editorial Notes CODIFICATION Section was formerly classified to section 1161 of this title prior to editorial reclassification and renumbering as this section. R.S. § 2450 derived from acts Aug. 3, 1846, ch. 78, § 1, 9 Stat. 51; Mar. 3, 1853, ch. 152, § 1, 10 Stat. 258; June 26, 1856, ch. 47, 11 Stat. 22; June 1, 1874, ch. 200, 18 Stat. 50; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 244. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. ‘‘Secretary of the Interior, or such officer as he may designate,’’ substituted for ‘‘Commissioner of the Gen- eral Land Office’’ on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. § 2502. Adjudications as to suspended entries; ap- proval Every such adjudication shall be approved by the Secretary of the Interior and shall operate only to divest the United States of the title to the land embraced thereby, without prejudice to the rights of conflicting claimants. (R.S. § 2451; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 244; Sept. 20, 1922, ch. 350, 42 Stat. 858.) Editorial Notes CODIFICATION Section was formerly classified to section 1162 of this title prior to editorial reclassification and renumbering as this section. R.S. § 2451 derived from acts Aug. 3, 1846, ch. 78, § 1, 9 Stat. 51; Feb. 27, 1877. ch. 69, § 1, 19 Stat. 244. § 2503. Patents surrendered and new ones issued Where patents have been already issued on en- tries which are approved by the Secretary of the Interior, the Secretary of the Interior, or such officer as he may designate, upon the canceling of the outstanding patent, is authorized to issue a new patent, on such approval, to the person who made the entry, his heirs or assigns. (R.S. § 2456; Sept. 20, 1922, ch. 350, 42 Stat. 858; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Editorial Notes CODIFICATION Section was formerly classified to section 1163 of this title prior to editorial reclassification and renumbering as this section. R.S. § 2456 derived from act Mar. 3, 1853, ch. 152, § 2, 10 Stat. 258. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,