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43 U.S.C. § 390wwAdministrative provisions

submitted 44 years ago by Pub. L. 97-293 to r/title-43-PUBLIC-LANDS · 515 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal reclamation law stays fully in force, except where this subchapter changes or conflicts with it. This subchapter does not cancel any existing exemptions from reclamation law's limits. The Secretary must write regulations, collect needed data, and audit compliance yearly, focusing on large landholders first. Land that becomes excess through foreclosure or inheritance can be sold at fair market value. Underpayments for irrigation water must be repaid with interest.

(a) Existing Federal reclamation law: Federal reclamation law stays completely in force, except to the extent this subchapter changes it or conflicts with it. (b) Existing statutory exemptions from ownership or pricing limitations of Federal reclamation law: Nothing in this subchapter repeals or changes any exemption from reclamation law's ownership or pricing limits that already existed. (c) Regulations; collection of necessary data: The Secretary may write regulations, and must collect all the data needed to carry out this subchapter and the rest of federal reclamation law. (d) [Omitted from the published law — no substantive text appears at this letter.] (e) Sale of nonexcess land acquired into excess status pursuant to involuntary process of law, etc.: Land that wasn't excess, but becomes excess because it's acquired through involuntary foreclosure or a similar forced process, a genuine transfer to satisfy a debt (like a mortgage, real estate contract, or deed of trust), inheritance, or a will, can be sold at its fair market value without regard to any other rule in this subchapter or to section 423e. The same is true if mortgaged land shifts from nonexcess to excess status after the mortgage is recorded, and the lender later acquires it by involuntary foreclosure, a similar forced process, or a genuine transfer to satisfy the mortgage — that land, too, may be sold at fair market value. (f) [Omitted from the published law — no substantive text appears at this letter.] (g) Annual audit of compliance with reclamation laws: On top of any other audits, the Secretary of the Interior (or someone designated by the Secretary) must thoroughly audit compliance with reclamation law, including this subchapter, by the people and entities that must follow it. At minimum, within three years the Secretary must audit anyone whose landholdings or operations are larger than 960 acres. (h) Recordable contracts executed prior to October 12, 1982: Section 390ee(c) has always applied to recordable contracts signed before October 12, 1982. Any Interior Department decision, rule, or regulation saying otherwise is revoked. Despite subsection (i), the Secretary may not seek repayment of any amount owed under this subsection or section 390ee(c) that was due before December 22, 1987. (i) Collection of underpayment with interest for irrigation water: If the Secretary finds that a person or entity covered by reclamation law (including this subchapter) hasn't paid the full required amount for delivered irrigation water, the Secretary must collect the underpayment plus interest. Interest runs from the date payment was originally due until it's paid, at a rate the Secretary of the Treasury sets based on the weighted average yield of all interest-bearing marketable Treasury securities sold during the underpayment period.
the actual law source: uscode.house.gov ↗public domain
(a) Existing Federal reclamation law

The provisions of Federal reclamation law shall remain in full force and effect, except to the extent such law is amended by, or is inconsistent with, this subchapter.

(b) Existing statutory exemptions from ownership or pricing limitations of Federal reclamation law

Nothing in this subchapter shall repeal or amend any existing statutory exemptions from the ownership or pricing limitations of Federal reclamation law.

(c) Regulations; collection of necessary data

The Secretary may prescribe regulations and shall collect all data necessary to carry out the provisions of this subchapter and other provisions of Federal reclamation law.

(d) Omitted

(e) Sale of nonexcess land acquired into excess status pursuant to involuntary process of law, etc.

Any nonexcess land which is acquired into excess status pursuant to involuntary foreclosure or similar involuntary process of law, conveyance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), inheritance, or devise, may be sold at its fair market value without regard to any other provision of this subchapter or to section 423e of this title: Provided, That if the status of mortgaged land changes from nonexcess into excess after the mortgage is recorded and is subsequently acquired by the lender by involuntary foreclosure or similar involuntary process of law, by bona fide conveyance in satisfaction of the mortgage, such land may be sold at its fair market value.

(f) Omitted

(g) Annual audit of compliance with reclamation laws

In addition to any other audit or compliance activities which may otherwise be undertaken, the Secretary of the Interior, or his designee, shall conduct a thorough audit of the compliance with the reclamation law of the United States, specifically including this subchapter, by legal entities and individuals subject to such law. At a minimum, the Secretary shall complete audits of those legal entities and individuals whose landholdings or operations exceed 960 acres within 3 years.

(h) Recordable contracts executed prior to October 12, 1982

The provisions of section 390ee(c) of this title are and have been applicable to all recordable contracts executed prior to October 12, 1982, and any decision, rule, or regulation promulgated by the Department of the Interior to the contrary is hereby revoked: Provided, That notwithstanding the provisions of subsection (i), the Secretary shall not seek reimbursement for any amounts due under this subsection or section 390ee(c) of this title which was due prior to December 22, 1987.

(i) Collection of underpayment with interest for irrigation water

When the Secretary finds that any individual or legal entity subject to reclamation law, including this subchapter, has not paid the required amount for irrigation water delivered to a landholding pursuant to reclamation law, including this subchapter, he shall collect the amount of any underpayment with interest accruing from the date the required payment was due until paid. The interest rate shall be determined by the Secretary of the Treasury on the basis of the weighted average yield of all interest bearing marketable issues sold by the Treasury during the period of underpayment.

Source credit: (Pub. L. 97–293, title II, § 224, Oct. 12, 1982, 96 Stat. 1272; Pub. L. 100–203, title V, § 5302(a), Dec. 22, 1987, 101 Stat. 1330–268; Pub. L. 103–437, § 16(a)(3), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 104–66, title I, § 1081(d), Dec. 21, 1995, 109 Stat. 721.)

history & why it existsrecord from the source credit
  • 1982Enacted · Pub. L. 97-293 · 96 Stat. 1272
  • 1987Amended · Pub. L. 100-203 · 101 Stat. 1330
  • 1994Amended · Pub. L. 103-437 · 108 Stat. 4594
  • 1995Amended · Pub. L. 104-66 · 109 Stat. 721

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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