43 U.S.C. § 390rr — Central Arizona Project

Page 125 TITLE 43—PUBLIC LANDS § 390vv § 390rr. Central Arizona Project Lands receiving irrigation water pursuant to a contract with the Secretary as authorized under title III of the Colorado River Basin Project Act (82 Stat. 887; 43 U.S.C. 1521 et seq.) which are placed under recordable contract shall be eligi- ble to receive irrigation water upon terms and conditions related to pricing established by the Secretary pursuant to Federal reclamation law in effect immediately prior to October 12, 1982, for a period of time not to exceed ten years from the date such lands are capable of being served with irrigation water, as determined by the Sec- retary. (Pub. L. 97–293, title II, § 218, Oct. 12, 1982, 96 Stat. 1271.) Editorial Notes REFERENCES IN TEXT The Colorado River Basin Project Act, referred to in text, is Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885. Title III of the Colorado River Basin Project Act is classified generally to subchapter III (§ 1521 et seq.) of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. Federal reclamation law, referred to in text, is de- fined in section 390aa of this title. § 390ss. Religious or charitable organizations An individual religious or charitable entity or organization (including but not limited to a con- gregation, parish, school, ward, or chapter) which is exempt from taxation under section 501 of the Internal Revenue Code of 1986, as amended (26 U.S.C. 501), and which owns, operates, or leases any lands within a district shall be treat- ed as an individual under the provisions of this subchapter regardless of such entity or organi- zation’s affiliation with a central organization or its subjugation to a hierarchical authority of the same faith and regardless of whether or not the individual entity is the owner of record if— (1) the agricultural produce and the proceeds of sales of such produce are directly used only for charitable purposes; (2) said land is operated by said individual religious or charitable entity or organization (or subdivisions thereof); and (3) no part of the net earnings of such reli- gious or charitable entity or organization (or subdivision thereof) shall inure to the benefit of any private shareholder or individual. (Pub. L. 97–293, title II, § 219, Oct. 12, 1982, 96 Stat. 1271; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes AMENDMENTS 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. § 390tt. Contract required Irrigation water temporarily made available from reclamation facilities in excess of ordinary quantities not otherwise storable for project purposes or at times when such irrigation water would not have been available without the oper- ations of those facilities, may be used for irriga- tion, municipal, or industrial purposes only to the extent covered by a contract requiring pay- ment for the use of such irrigation water, exe- cuted in accordance with the Reclamation Project Act of 1939 [43 U.S.C. 485 et seq.], or other applicable provisions of Federal reclama- tion law. (Pub. L. 97–293, title II, § 220, Oct. 12, 1982, 96 Stat. 1271.) Editorial Notes REFERENCES IN TEXT The Reclamation Project Act of 1939, referred to in text, is act Aug. 4, 1939, ch. 418, 53 Stat. 1187, which is classified principally to subchapter X (§ 485 et seq.) of this chapter. For complete classification of this Act to the Code, see section 485k of this title and Tables. Federal reclamation law, referred to in text, is de- fined in section 390aa of this title. § 390uu. Waiver of sovereign immunity Consent is given to join the United States as a necessary party defendant in any suit to adju- dicate, confirm, validate, or decree the contrac- tual rights of a contracting entity and the United States regarding any contract executed pursuant to Federal reclamation law. The United States, when a party to any suit, shall be deemed to have waived any right to plead that it is not amenable thereto by reason of its sov- ereignty, and shall be subject to judgments, or- ders, and decrees of the court having jurisdic- tion, and may obtain review thereof, in the same manner and to the same extent as a private indi- vidual under like circumstances. Any suit pur- suant to this section may be brought in any United States district court in the State in which the land involved is situated. (Pub. L. 97–293, title II, § 221, Oct. 12, 1982, 96 Stat. 1271.) Editorial Notes REFERENCES IN TEXT Federal reclamation law, referred to in text, is de- fined in section 390aa of this title. § 390vv. Excess crop restrictions (a) Report to Congress on production of surplus crops on acreage served by irrigation water Within one year of October 12, 1982, the Sec- retary of Agriculture, with the cooperation of the Secretary of the Interior, shall transmit to the Congress a report on the production of sur- plus crops on acreage served by irrigation water. The report shall include— (1) data delineating the production of sur- plus crops on lands served by irrigation water; (2) the percentage of participation of farms served by irrigation water in set-aside pro- grams, by acreage, crop, and State; (3) the feasibility and appropriateness of re- quiring the participation in acreage set-aside programs of farms served by irrigation water and the costs of such a requirement; and (4) any recommendations concerning how to coordinate national reclamation policy with agriculture policy to help alleviate recurring