43 U.S.C. § 390ll — Corps of Engineers projects

Page 123 TITLE 43—PUBLIC LANDS § 390mm (Pub. L. 97–293, title II, § 209, Oct. 12, 1982, 96 Stat. 1267.) Editorial Notes REFERENCES IN TEXT Federal reclamation law, referred to in subsecs. (a), (b), (e), and (f), is defined in section 390aa of this title. § 390jj. Water conservation (a) Implementation of program by non-Federal recipients The Secretary shall, pursuant to his authori- ties under otherwise existing Federal reclama- tion law, encourage the full consideration and incorporation of prudent and responsible water conservation measures in the operations of non- Federal recipients of irrigation water from Fed- eral reclamation projects, where such measures are shown to be economically feasible for such non-Federal recipients. (b) Development of plan Each district that has entered into a repay- ment contract or water service contract pursu- ant to Federal reclamation law or the Water Supply Act of 1958, as amended (43 U.S.C. 390b), shall develop a water conservation plan which shall contain definite goals, appropriate water conservation measures, and a time schedule for meeting the water conservation objectives. (c) Coordination of ongoing programs; full public participation The Secretary is authorized and directed to enter into memorandums of agreement with those Federal agencies having capability to as- sist in implementing water conservation meas- ures to assure coordination of ongoing pro- grams. Such memorandums should provide for involvement of non-Federal entities such as States, Indian tribes, and water user organiza- tions to assure full public participation in water conservation efforts. (Pub. L. 97–293, title II, § 210, Oct. 12, 1982, 96 Stat. 1268.) Editorial Notes REFERENCES IN TEXT Federal reclamation law, referred to in subsecs. (a) and (b), is defined in section 390aa of this title. The Water Supply Act of 1958, as amended, referred to in subsec. (b), is title III of Pub. L. 85–500, July 3, 1958, 72 Stat. 319, which enacted section 390b of this title and enacted a provision set out as a note under section 390b of this title. For complete classification of this Act to the Code, see Short Title note set out under section 390b of this title and Tables. § 390kk. Residency not required Notwithstanding any other provision of law, irrigation water made available from the oper- ation of reclamation project facilities shall not be withheld from delivery to any project lands for the reason that the owners, lessees, or opera- tors do not live on or near them. (Pub. L. 97–293, title II, § 211, Oct. 12, 1982, 96 Stat. 1269.) § 390ll. Corps of Engineers projects (a) Applicability of Federal reclamation laws Notwithstanding any other provision of law, neither the ownership or pricing limitation pro- visions nor the other provisions of Federal rec- lamation law, including this subchapter, shall be applicable to lands receiving benefits from Federal water resources projects constructed by the United States Army Corps of Engineers, un- less— (1) the project has, by Federal statute, ex- plicitly been designated, made a part of, or in- tegrated with a Federal reclamation project; or (2) the Secretary, pursuant to his authority under Federal reclamation law, has provided project works for the control or conveyance of an agricultural water supply for the lands in- volved. (b) Payment of construction, operation, mainte- nance and administrative costs allocated to conservation or irrigation storage Notwithstanding any other provision of this section to the contrary, obligations that require water users, pursuant to contracts with the Sec- retary, to repay the share of construction costs and to pay the share of the operation and main- tenance and contract administrative costs of a Corps of Engineers project which are allocated to conservation storage or irrigation storage shall remain in effect. (Pub. L. 97–293, title II, § 212, Oct. 12, 1982, 96 Stat. 1269.) Editorial Notes REFERENCES IN TEXT Federal reclamation law, referred to in subsec. (a), is defined in section 390aa of this title. § 390mm. Repayment of construction charges (a) Ownership and pricing limitations inappli- cable when repayment obligation has been discharged The ownership and full cost pricing limita- tions of this subchapter and the ownership limi- tations provided in any other provision of Fed- eral reclamation law shall not apply to lands in a district after the obligation of a district for the repayment of the construction costs of the project facilities used to make project water available for delivery to such lands shall have been discharged by a district (or by a person within the district pursuant to a contract exist- ing on October 12, 1982), by payment of periodic installments throughout a specified contract term, including individual or district acceler- ated payments where so provided in contracts existing on October 12, 1982. (b) Certification of freedom from ownership and pricing limitations (1) The Secretary shall provide, upon request of any owner of a landholding for which repay- ment has occurred, a certificate acknowledging that the landholding is free of the ownership or full cost pricing limitation of Federal reclama- tion law. Such certificate shall be in a form suitable for entry in the land records of the county in which such landholding is located.