43 U.S.C. § 422d — Contents of proposals

(a) Plans and estimates; review by States; allocation of capital costs If a project has never been authorized for construction before, its proposal must include a detailed plan and cost estimate. This must be as complete as the reports normally required before a federal reclamation project is authorized. The states in the project's river basin must get to review the proposal, the same way section 701–1(c) of title 33 requires. If the proposal is only for rehabilitating and improving an already-existing project, this review can be limited to the state or states where the project sits. The proposal must also propose how to divide the project's capital costs among its purposes. Costs for a facility used for only one purpose go entirely to that purpose. Costs for a facility shared by several purposes must be divided fairly, so each purpose pays its share of the shared cost. The cost of preventing harm to fish and wildlife counts as a project cost too, split among the relevant purposes. (b) Lands and water rights; ownership; financing (1) The proposal must show that the organization already has, or can get, all the land and water rights the project needs to be built, run, and maintained. Federal land already under the Secretary's control does not count here. The proposal must also show the organization is ready and able to pay — using money other than a federal loan or grant — its share of the project's cost, including the cost of getting land and water rights. An exception applies under section 422e(b)(2). The Secretary decides what counts as proper here. (2) The Secretary must require the organization to pay at least 25 percent of the project's allowable estimated cost, using non-federal money. The Secretary can lower this share, but never below 10 percent, if the organization truly cannot get financing elsewhere on reasonable terms. Any project sent to Congress must include letters from lenders, or similar proof, showing the organization could not get that financing. When counting how much the organization has already contributed, the Secretary credits the cost of studies, surveys, engineering, and similar prep work; the cost of land and rights-of-way for the project; and the $5,000 fee paid under section 422c. Grants given under section 422e(b) do not count toward the project's allowable estimated cost. (c) Transmittal of findings and approval to Congress; certification of soil survey; reservation of land Once the Secretary and the state's Governor (or an agency the Governor picks) find a project financially workable, the Secretary decides it is a reasonable risk under this subchapter, and the Secretary approves it, those findings go to Congress. Every project proposal sent to Congress must certify that a proper soil survey and land classification was done — or that the land has already proven it can grow crops successfully under irrigation. The proposal must also include a study of soil traits that might cause toxic or harmful irrigation runoff. When submitting the proposal, or when deciding it is a reasonable risk, the Secretary can set aside federal land under their control that the project needs. This reservation of land expires after two years unless a contract is signed under section 422e. (d) Amount of loan and/or grant; increase by Secretary At the time of submitting the proposal to Congress, or any time before construction finishes — including for already-approved projects — the Secretary can increase the requested loan or grant. This can only go up to the maximum allowed under section 422e(a). The purpose is to cover construction costs that have risen due to price increases. (e) Appropriation; nonapplicability Congress cannot appropriate money for a project until sixty calendar days pass. This clock starts when the Secretary's findings and approval reach Congress. Days when either the House or the Senate is out of session for more than three days in a row do not count toward the sixty. Even after sixty days, funding is blocked if the House Natural Resources Committee or the Senate Energy and Natural Resources Committee formally disapproves the project. This subsection does not apply to proposals made under section 422f. (f) Consideration of financial feasibility, emergency, or urgent need; jurisdiction and control of project works The Secretary must properly weigh the project's financial feasibility and any emergency or urgent need for it. Once built, every project facility stays under the control of the local organization that contracted for it — subject to the terms of its repayment contract.