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43 U.S.C. § 390bb — Definitions

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43 U.S.C. § 390bb — Definitions

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Page 119 TITLE 43—PUBLIC LANDS § 390bb 123 Stat. 1317, which related to the Lower Chino Dairy Area desalination demonstration and reclamation project, was omitted pursuant to subsec. (e) of section, which provided that the section would have no effect after the date that was 10 years after Mar. 30, 2009. Section 390h–37, Pub. L. 102–575, title XVI, § 1654, as added Pub. L. 111–11, title IX, § 9113(a), Mar. 30, 2009, 123 Stat. 1319, which related to the Oxnard, California, water reclamation, reuse, and treatment project, was omitted pursuant to subsec. (d) of section, which pro- vided that the authority of the Secretary of the Inte- rior to carry out any provisions of section terminated 10 years after Mar. 30, 2009. § 390h–38. Yucaipa Valley regional water supply renewal project (a) Authorization The Secretary, in cooperation with the Yucaipa Valley Water District, may participate in the design, planning, and construction of projects to treat impaired surface water, re- claim and reuse impaired groundwater, and pro- vide brine disposal within the Santa Ana Water- shed as described in the report submitted under section 390h–4 of this title. (b) Cost sharing The Federal share of the cost of the project de- scribed in subsection (a) shall not exceed 25 per- cent of the total cost of the project. (c) Limitation Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000. (Pub. L. 102–575, title XVI, § 1655, as added Pub. L. 111–11, title IX, § 9114(a), Mar. 30, 2009, 123 Stat. 1320.) § 390h–39. City of Corona Water Utility, Cali- fornia, water recycling and reuse project (a) Authorization The Secretary, in cooperation with the City of Corona Water Utility, California, is authorized to participate in the design, planning, and con- struction of, and land acquisition for, a project to reclaim and reuse wastewater, including de- graded groundwaters, within and outside of the service area of the City of Corona Water Utility, California. (b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) Limitation The Secretary shall not provide funds for the operation and maintenance of the project au- thorized by this section. (Pub. L. 102–575, title XVI, § 1656, as added Pub. L. 111–11, title IX, § 9114(a), Mar. 30, 2009, 123 Stat. 1320.) SUBCHAPTER I–A—RECLAMATION REFORM § 390aa. Congressional declaration of purpose; short title This subchapter shall amend and supplement the Act of June 17, 1902, and Acts supplementary thereto and amendatory thereof (43 U.S.C. 371), hereinafter referred to as ‘‘Federal reclamation law’’. This subchapter may be referred to as the ‘‘Reclamation Reform Act of 1982’’. (Pub. L. 97–293, title II, § 201, Oct. 12, 1982, 96 Stat. 1263.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title II (§§ 201–230) of Pub. L. 97–293, Oct. 12, 1982, 96 Stat. 1263, known as the Rec- lamation Reform Act of 1982, which enacted this sub- chapter, amended sections 373a, 422e, 425b, and 485h of this title, and repealed section 383 of Title 25, Indians. For complete classification of title II to the Code, see Tables. Act of 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 classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. § 390bb. Definitions As used in this subchapter: (1) The term ‘‘contract’’ means any repay- ment or water service contract between the United States and a district providing for the payment of construction charges to the United States including normal operation, mainte- nance, and replacement costs pursuant to Fed- eral reclamation law. (2) The term ‘‘district’’ means any individual or any legal entity established under State law which has entered into a contract or is eli- gible to contract with the Secretary for irriga- tion water. (3)(A) The term ‘‘full cost’’ means an annual rate as determined by the Secretary that shall amortize the expenditures for construction properly allocable to irrigation facilities in service, including all operation and mainte- nance deficits funded, less payments, over such periods as may be required under Federal reclamation law or applicable contract provi- sions, with interest on both accruing from Oc- tober 12, 1982, on costs outstanding at that date, or from the date incurred in the case of costs arising subsequent to October 12, 1982: Provided, That operation, maintenance, and re- placement charges required under Federal rec- lamation law, including this subchapter, shall be collected in addition to the full cost charge. (B) The interest rate used for expenditures made on or before October 12, 1982, shall be de- termined by the Secretary of the Treasury on the basis of the weighted average yield of all interest bearing, marketable issues sold by the Treasury during the fiscal year in which the expenditures by the United States were made, but shall not be less than 71⁄2 per centum per annum. (C) The interest rate used for expenditures made after October 12, 1982, shall be deter- mined by the Secretary of the Treasury on the basis of the arithmetic average of— (i) the rate as of the beginning of the fiscal year in which expenditures are made on the basis of the computed average interest rate payable by the Treasury upon its out- Page 120 TITLE 43—PUBLIC LANDS § 390cc standing marketable public obligations which are neither due nor callable for re- demption for fifteen years from the date of issuance; and (ii) the weighted average yield on all inter- est-bearing, marketable issues sold by the Treasury during the fiscal year preceding the fiscal year in which the expenditures are made. (4) The term ‘‘individual’’ means any natural person, including his or her spouse, and includ- ing other dependents thereof within the mean- ing of the Internal Revenue Code of 1986 (26 U.S.C. 152). (5) The term ‘‘irrigation water’’ means water made available for agricultural purposes from the operation of reclamation project facilities pursuant to a contract with the Secretary. (6) The term ‘‘landholding’’ means total irri- gable acreage of one or more tracts of land sit- uated in one or more districts owned or oper- ated under a lease which is served with irriga- tion water pursuant to a contract with the Secretary. In determining the extent of a landholding the Secretary shall add to any landholding held directly by a qualified or limited recipient that portion of any land- holding held indirectly by such qualified or limited recipient which benefits that qualified or limited recipient in proportion to that land- holding. (7) The term ‘‘limited recipient’’ means any legal entity established under State or Federal law benefiting more than twenty-five natural persons. (8) The term ‘‘project’’ means any reclama- tion or irrigation project, including incidental features thereof, authorized by Federal rec- lamation law, or constructed by the United States pursuant to such law, or in connection with which there is a repayment or water serv- ice contract executed by the United States pursuant to such law, or any project con- structed by the Secretary through the Bureau of Reclamation for the reclamation of lands. (9) The term ‘‘qualified recipient’’ means an individual who is a citizen of the United States or a resident alien thereof or any legal entity established under State or Federal law which benefits twenty-five natural persons or less. (10) The term ‘‘recordable contract’’ means a contract between the Secretary and a land- owner in writing capable of being recorded under State law providing for the sale or dis- position of lands held in excess of the owner- ship limitations of Federal reclamation law including this subchapter. (11) The term ‘‘Secretary’’ means the Sec- retary of the Interior. (Pub. L. 97–293, title II, § 202, Oct. 12, 1982, 96 Stat. 1263; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes REFERENCES IN TEXT Federal reclamation law, referred to in pars. (1), (3)(A), (8), and (10), is defined in section 390aa of this title. AMENDMENTS 1986—Par. (4). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. § 390cc. New or amended contracts (a) Generally The provisions of this subchapter shall be ap- plicable to any district which— (1) enters into a contract with the Secretary subsequent to October 12, 1982; (2) enters into any amendment of its con- tract with the Secretary subsequent to Octo- ber 12, 1982, which enables the district to re- ceive supplemental or additional benefits; or (3) which amends its contract for the pur- pose of conforming to the provisions of this subchapter. (b) Amendment of existing contracts Any district which has an existing contract with the Secretary as of October 12, 1982, which does not enter into an amendment of such con- tract as specified in subsection (a) shall be sub- ject to Federal reclamation law in effect imme- diately prior to October 12, 1982, as that law is amended or supplemented by sections 209 through 230 of this title [43 U.S.C. 390ii—390zz–1, 373a, 422e, 425b, 485h]. Within a district that does not enter into an amendment of its contract with the Secretary within four and one-half years of October 12, 1982, irrigation water may be delivered to lands leased in excess of a land- holding of one hundred and sixty acres only if full cost, as defined in section 390bb(3)(A) of this title, is paid for such water as is assignable to those lands leased in excess of such landholding of one hundred and sixty acres: Provided, That the interest rate used in computing full cost under this subsection shall be the same as pro- vided in section 390ee(a)(3) of this title. (c) Election by qualified or limited recipients in absence of amendment to contract In the absence of an amendment to a contract, as specified in subsection (a), a qualified recipi- ent or limited recipient may elect to be subject to the provisions of this subchapter by exe- cuting an irrevocable election in a form ap- proved by the Secretary to comply with this subchapter. The district shall thereupon deliver irrigation water to and collect from such recipi- ent, for the credit of the United States, the addi- tional charges required by this subchapter and assignable to the recipient making the election. (d) Consent of non-Federal party Amendments to contracts which are not re- quired by the provisions of this subchapter shall not be made without the consent of the non-Fed- eral party. (Pub. L. 97–293, title II, § 203, Oct. 12, 1982, 96 Stat. 1264.) Editorial Notes REFERENCES IN TEXT Federal reclamation law, referred to in subsec. (b), is defined in section 390aa of this title. Sections 209 through 230 of this title, referred to in subsec. (b), are sections 209 through 230 of title II of

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 152 — Dependent defined

**(a) In general** For purposes of this subtitle, the term “dependent” means— (1) a qualifying child, or (2) a qualifying relative. **(b) Exceptions** For purposes of this section— (1) **Dependents ineligible** — If an individual is a dependent of a taxpayer for any taxable year of such taxpayer beginning in a calendar year, such individual shall be treated as having no dependents for any taxable year of such individual beginning in such calendar year. (2) **Married dependents** — An individual shall not be treated as a dependent of a taxpayer under subsection (a) if such individual has made a joint return with the individual’s spouse under section 6013 for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins. (3) **Citizens or nationals of other countries** (A) *In general* — The term “dependent” does not include an individual who is not a citizen or national of the United States unless such individual is a resident of the United States or a country contiguous to the United States. (B) *Exception for adopted child* — Subparagraph (A) shall not exclude any child of a taxpayer (within the meaning of subsection (f)(1)(B)) from the definition of “dependent” if— (i) for the taxable year of the taxpayer, the child has the same principal place of abode as the taxpayer and is a member of the taxpayer’s household, and (ii) the taxpayer is a citizen or national of the United States. **(c) Qualifying child** For purposes of this section— (1) **In general** — The term “qualifying child” means, with respect to any taxpayer for any taxable year, an individual— (A) who bears a relationship to the taxpayer described in paragraph (2), (B) who has the same principal place of abode as the taxpayer for more than one

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26 U.S.C. § 152 — Dependent defined

Page 718 TITLE 26—INTERNAL REVENUE CODE § 152 tion 151(a) of Pub. L. 99–514, set out as a note under sec- tion 1 of this title. Amendment by section 1847(b)(3) of Pub. L. 99–514 ef- fective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99–514, set out as a note under section 48 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–369, div. A, title IV, § 426(b), July 18, 1984, 98 Stat. 805, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1984.’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–34 applicable to taxable years beginning after Dec. 31, 1984, see section 104(e) of Pub. L. 97–34, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–600, title I, § 102(d)(1), Nov. 6, 1978, 92 Stat. 2771, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and sections 6012 and 6013 of this title] shall apply to taxable years beginning after December 31, 1978.’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–455 applicable with respect to taxable years beginning after Dec. 31, 1976, see sec- tion 1901(d) of Pub. L. 94–455, set out as a note under section 2 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Pub. L. 92–178, title II, § 201(a), (b), Dec. 10, 1971, 85 Stat. 510, provided in part that the increase in exemp- tion from $650 to $675 was effective with respect to tax- able years beginning after Dec. 31, 1970, and before Jan. 1, 1972, and from $675 to $750 was effective with respect to taxable years beginning after Dec. 31, 1971.

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43 U.S.C. § 371 — Definitions

When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478, 493, 494, 500, 501, and 526 of this title— **(a)** The word “Secretary” means the Secretary of the Interior. **(b)** The words “reclamation law” mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto. **(c)** The words “reclamation fund” mean the fund provided by the reclamation law. **(d)** The word “project” means a Federal irrigation project authorized by the reclamation law. **(e)** The words “division of a project” mean a substantial irrigable area of a project designated as a division by order of the Secretary.

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43 U.S.C. § 371 — Definitions

Page 79 TITLE 43—PUBLIC LANDS § 371 Sec. SUBCHAPTER XXXII—BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO 615jjj to 615ooo. Omitted. SUBCHAPTER XXXIII—SALMON FALLS DIVISION, UPPER SNAKE RIVER PROJECT, IDAHO 615ppp to 615www. Omitted. SUBCHAPTER XXXIV—O’NEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA 615xxx to 615cccc. Omitted. SUBCHAPTER XXXV—NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN PROGRAM, NE- BRASKA 615dddd to 615jjjj. Omitted. SUBCHAPTER XXXVI—POLECAT BENCH AREA, SHOSHONE EXTENSIONS UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, WYOMING 615kkkk to 615kkkk–6. Omitted. SUBCHAPTER XXXVII—POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM, SOUTH DAKOTA 615llll to 615llll–6. Omitted or Repealed. SUBCHAPTER XXXVIII—FRYINGPAN-ARKANSAS PROJECT, COLORADO 616 to 616f. Omitted. SUBCHAPTER XXXIX—MANN CREEK PROJECT, IDAHO 616g to 616j. Omitted. SUBCHAPTER XL—ARBUCKLE PROJECT, OKLAHOMA 616k to 616s. Omitted. SUBCHAPTER XLI—BAKER PROJECT, OREGON 616t to 616w. Omitted. SUBCHAPTER XLII—DIXIE PROJECT, UTAH 616aa to 616hh. Omitted. SUBCHAPTER XLIII—SAVERY-POT HOOK PROJECT, COLORADO-WYOMING; BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLO- RADO 616ii to 616mm. Omitted. SUBCHAPTER XLIV—LOWER TETON DIVISION OF TETON BASIN PROJECT, IDAHO 616nn to 616rr. Omitted. SUBCHAPTER XLV—WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT, WASHINGTON 616ss to 616vv–5. Omitted. SUBCHAPTER XLVI—McKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON 616ww to 616ww–5. Omitted. SUBCHAPTER XLVII—AUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION: CENTRAL VALLEY PROJECT, CALIFORNIA 616aaa to 616fff–7. Omitted. SUBCHAPTER XLVIII—SOUTHERN NEVADA PROJECT, NEVADA 616ggg to 616mmm. Omitted. SUBCHAPTER XLIX—TUALATIN PROJECT, OREGON 616nnn

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43 U.S.C. § 390bb — Definitions

As used in this subchapter: (1) The term “contract” means any repayment or water service contract between the United States and a district providing for the payment of construction charges to the United States including normal operation, maintenance, and replacement costs pursuant to Federal reclamation law. (2) The term “district” means any individual or any legal entity established under State law which has entered into a contract or is eligible to contract with the Secretary for irrigation water. (3) (A) The term “full cost” means an annual rate as determined by the Secretary that shall amortize the expenditures for construction properly allocable to irrigation facilities in service, including all operation and maintenance deficits funded, less payments, over such periods as may be required under Federal reclamation law or applicable contract provisions, with interest on both accruing from October 12, 1982, on costs outstanding at that date, or from the date incurred in the case of costs arising subsequent to October 12, 1982: Provided, That operation, maintenance, and replacement charges required under Federal reclamation law, including this subchapter, shall be collected in addition to the full cost charge. (B) The interest rate used for expenditures made on or before October 12, 1982, shall be determined by the Secretary of the Treasury on the basis of the weighted average yield of all interest bearing, marketable issues sold by the Treasury during the fiscal year in which the expenditures by the United States were made, but shall not be less than 7½ per centum per annum. (C) The interest rate used for expenditures made after October 12, 1982, shall be determined by the Secretary of the Treasury on the basis of the arithmetic average of— (i) the r

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43 U.S.C. § 390ii — Disposition of excess lands

**(a) Disposal of lands in excess of ownership limitations within reasonable time** Irrigation water made available in the operation of reclamation project facilities may not be delivered for use in the irrigation of lands held in excess of the ownership limitations imposed by Federal reclamation law, including this subchapter, unless and until the owners thereof shall have executed a recordable contract with the Secretary, in accordance with the terms and conditions required by Federal reclamation law, requiring the disposal of their interest in such excess lands within a reasonable time to be established by the Secretary. In the case of recordable contracts entered into prior to October 12, 1982, such reasonable time shall not exceed ten years after the recordable contract is executed by the Secretary. In the case of recordable contracts entered into after October 12, 1982, except as provided in [section 390rr of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390rr&num=0&edition=prelim), such reasonable time shall not exceed five years after the recordable contract is executed by the Secretary. **(b) Continued delivery of irrigation water to lands held in excess of ownership limitations** Lands held in excess of the ownership limitations imposed by Federal reclamation law, including this subchapter, which, on October 12, 1982, are, or are capable of, receiving delivery of irrigation water made available by the operation of existing reclamation project facilities may receive such deliveries only— (1) if the disposal of the owner’s interest in such lands is required by an existing recordable contract with the Secretary, or (2) if the owners of such lands have requested that a recordable contract be executed by the Secretary.

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43 U.S.C. § 390ii — Disposition of excess lands

Page 122 TITLE 43—PUBLIC LANDS § 390hh (Pub. L. 97–293, title II, § 207, Oct. 12, 1982, 96 Stat. 1266.) § 390hh. Operation and maintenance charges (a) Price adequate to recover charges The price of irrigation water delivered by the Secretary pursuant to a contract or an amend- ment to a contract with a district, as specified in section 390cc of this title, shall be at least sufficient to recover all operation and mainte- nance charges which the district is obligated to pay to the United States. (b) Modification of price Whenever a district enters into a contract or requests that its contract be amended as speci- fied in section 390cc of this title, and each year thereafter, the Secretary shall calculate such operation and maintenance charges and shall modify the price of irrigation water delivered under the contract as necessary to reflect any changes in such costs by amending the district’s contract accordingly. (c) Districts not operating from Federal funds This section shall not apply to districts which operate and maintain project facilities and fi- nance the operation and maintenance thereof from non-Federal funds. (Pub. L. 97–293, title II, § 208, Oct. 12, 1982, 96 Stat. 1267.) § 390ii. Disposition of excess lands (a) Disposal of lands in excess of ownership limi- tations within reasonable time Irrigation water made available in the oper- ation of reclamation project facilities may not be delivered for use in the irrigation of lands held in excess of the ownership limitations im- posed by Federal reclamation law, including this subchapter, unless and until the owners thereof shall have executed a recordable contract with the Secretary, in accordance with the terms and conditions required by Federal reclamation law, requiring the d

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