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43 U.S.C. § 390llCorps of Engineers projects

submitted 44 years ago by Pub. L. 97-293 to r/title-43-PUBLIC-LANDS · 179 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal reclamation ownership and pricing rules don't usually apply to land helped by Army Corps of Engineers projects. Two exceptions apply: Congress made the project part of reclamation, or the Secretary built the water-control works. Landowners must still repay Corps costs assigned to irrigation or conservation storage.

(a) Applicability of Federal reclamation laws: No matter what any other law says, the ownership limits, pricing limits, and other rules of federal reclamation law — including this subchapter — do not apply to land that benefits from water projects the U.S. Army Corps of Engineers built. There are two exceptions: (1) a federal statute has expressly made the project part of, or merged it with, a federal reclamation project; or (2) the Secretary, using reclamation-law authority, has provided the works that control or deliver the farm water supply for that land. (b) Payment of construction, operation, maintenance and administrative costs allocated to conservation or irrigation storage: Even with subsection (a), water users must still keep their contract obligations to the Secretary. They must repay their share of construction costs, and pay their share of operation, maintenance, and administrative costs, for the parts of a Corps of Engineers project that are assigned to conservation storage or irrigation storage.
the actual law source: uscode.house.gov ↗public domain
(a) Applicability of Federal reclamation laws

Notwithstanding any other provision of law, neither the ownership or pricing limitation provisions nor the other provisions of Federal reclamation 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, unless—

(1)

the project has, by Federal statute, explicitly been designated, made a part of, or integrated 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 involved.

(b) Payment of construction, operation, maintenance 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 Secretary, to repay the share of construction costs and to pay the share of the operation and maintenance and contract administrative costs of a Corps of Engineers project which are allocated to conservation storage or irrigation storage shall remain in effect.

Source credit: (Pub. L. 97–293, title II, § 212, Oct. 12, 1982, 96 Stat. 1269.)

history & why it existsrecord from the source credit
  • 1982Enacted · Pub. L. 97-293 · 96 Stat. 1269

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-293 on 1982-10-12.

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