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43 U.S.C. § 422bDefinitions

submitted 70 years ago by ch. 972 to r/title-43-PUBLIC-LANDS · 397 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines key words used in the reclamation loan program. "Construction" includes fixing up old projects, not just building new ones. It also defines "organization," "project," "Secretary," and how project cost limits are calculated each year.

(a) "Construction" includes rehabilitating and improving an existing project, not just building a new one. (b) "Federal reclamation laws" means the Reclamation Act of June 17, 1902, plus every law that later amended or added to it. (c) "Organization" means a state, or one of its departments, agencies, or political subdivisions. It also includes a conservancy district, an irrigation district, a water users' association, an agency created by an interstate compact, or a similar group. To count, the group must be able to sign a contract with the United States under the federal reclamation laws. (d) "Project" covers several things: a complete irrigation project; a multiple-purpose water project that is authorized, or could be authorized, under the federal reclamation laws; a distinct part of either of those; a drainage project for irrigated land, no matter where the irrigation water came from; or a rehabilitation and betterment project for any of the above. In every case, the project's estimated total cost cannot go over the yearly maximum set under subsection (f). A project can also include existing facilities, not just new construction. Money under this subchapter can be used to buy those existing facilities, but only if the Secretary decides they meet proper design and construction standards, and their cost is less than half the total project cost. An organization can get more than one loan or grant, as long as no two loans or grants pay for the exact same project. (e) "Secretary" means the Secretary of the Interior. (f) Each year, the Secretary sets the maximum allowable estimated cost for a project proposed that year. The Secretary uses the Bureau of Reclamation's composite construction cost index for January of that year. The starting point is $15,000,000, based on the January 1971 cost level.
the actual law source: uscode.house.gov ↗public domain

As used in this subchapter—

(a)

The term “construction” shall include rehabilitation and betterment.

(b)

The term “Federal reclamation laws” shall mean the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto.

(c)

The term “organization” shall mean a State or a department, agency, or political subdivision thereof or a conservancy district, irrigation district, water users’ association, an agency created by interstate compact, or similar organization which has capacity to contract with the United States under the Federal reclamation laws.

(d)

The term “project” shall mean (i) any complete irrigation project, or (ii) any multiple-purpose water resource project that is authorized or is eligible for authorization under the Federal reclamation laws, or (iii) any distinct unit of a project described in clause (i) and (ii) or (iv) any project for the drainage of irrigated lands, without regard to whether such lands are irrigated with water supplies developed pursuant to the Federal reclamation laws, or (v) any project for the rehabilitation and betterment of a project or distinct unit described in clauses (i), (ii), (iii), and (iv): Provided, That the estimated total cost of the project described in clause (i), (ii), (iii), (iv), or (v) does not exceed the maximum allowable estimated total project cost as determined by subsection (f) hereof: Provided further, That a project described in clause (i), (ii), or (iii) may consist of existing facilities as distinct from newly constructed facilities, and funds made available pursuant to this subchapter may be utilized to acquire such facilities subject to a determination by the Secretary that such facilities meet standards of design and construction which he shall promulgate and that the cost of such existing facilities represent less than fifty per centum of the cost of the project. Nothing contained in this subchapter shall preclude the making of more than one loan or grant, or combined loan and grant, to an organization so long as no two such loans or grants, or combinations thereof, are for the same project, as herein defined.

(e)

The term “Secretary” shall mean the Secretary of the Interior.

(f)

The maximum allowable estimated total project cost of a proposal submitted during any given calendar year shall be determined by the Secretary using the Bureau of Reclamation composite construction cost index for January of that year with $15,000,000 as the January 1971 base.

Source credit: (Aug. 6, 1956, ch. 972, § 2, 70 Stat. 1044; Pub. L. 89–553, § 1(1), Sept. 2, 1966, 80 Stat. 376; Pub. L. 92–167, § 1(1), Nov. 24, 1971, 85 Stat. 488; Pub. L. 94–181, § 1(a), (b), Dec. 27, 1975, 89 Stat. 1049.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 6, 1956, ch. 972 · 70 Stat. 1044
  • 1966Amended · Pub. L. 89-553 · 80 Stat. 376
  • 1971Amended · Pub. L. 92-167 · 85 Stat. 488
  • 1975Amended · Pub. L. 94-181 · 89 Stat. 1049

A history note hasn’t been published yet. The record shows enactment by ch. 972 on 1956-08-06.

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