§ 390bb. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC390bb]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I-A--RECLAMATION REFORM
Sec. 390bb. Definitions
As used in this subchapter:
(1) The term ``contract'' means any repayment or water service
contract between the United States and a district providing for the
payment of construction charges to the United States including
normal operation, maintenance, and replacement costs pursuant to
Federal reclamation law.
(2) The term ``district'' means any individual or any legal
entity established under State law which has entered into a contract
or is eligible to contract with the Secretary for irrigation water.
(3)(A) The term ``full cost'' means an annual rate as determined
by the Secretary that shall amortize the expenditures for
construction properly allocable to irrigation facilities in service,
including all operation and maintenance deficits funded, less
payments, over such periods as may be required under Federal
reclamation law or applicable contract provisions, with interest on
both accruing from October 12, 1982, on costs outstanding at that
date, or from the date incurred in the case of costs arising
subsequent to October 12, 1982: Provided, That operation,
maintenance, and replacement charges required under Federal
reclamation law, including this subchapter, shall be collected in
addition to the full cost charge.
(B) The interest rate used for expenditures made on or before
October 12, 1982, 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 fiscal
year in which the expenditures by the United States were made, but
shall not be less than 7\1/2\ per centum per annum.
(C) The interest rate used for expenditures made after October
12, 1982, shall be determined by the Secretary of the Treasury on
the basis of the arithmetic average of--
(i) the rate as of the beginning of the fiscal year in which
expenditures are made on the basis of the computed average
interest rate payable by the Treasury upon its outstanding
marketable public obligations which are neither due nor callable
for redemption for fifteen years from the date of issuance; and
(ii) the weighted average yield on all interest-bearing,
marketable issues sold by the Treasury during the fiscal year
preceding the fiscal year in which the expenditures are made.
(4) The term ``individual'' means any natural person, including
his or her spouse, and including other dependents thereof within the
meaning of the Internal Revenue Code of 1986 (26 U.S.C. 152).
(5) The term ``irrigation water'' means water made available for
agricultural purposes from the operation of reclamation project
facilities pursuant to a contract with the Secretary.
(6) The term ``landholding'' means total irrigable acreage of
one or more tracts of land situated in one or more districts owned
or operated under a lease which is served with irrigation water
pursuant to a contract with the Secretary. In determining the extent
of a landholding the Secretary shall add to any landholding held
directly by a qualified or limited recipient that portion of any
landholding held indirectly by such qualified or limited recipient
which benefits that qualified or limited recipient in proportion to
that landholding.
(7) The term ``limited recipient'' means any legal entity
established under State or Federal law benefiting more than twenty-
five natural persons.
(8) The term ``project'' means any reclamation or irrigation
project, including incidental features thereof, authorized by
Federal reclamation law, or constructed by the United States
pursuant to such law, or in connection with which there is a
repayment or water service contract executed by the United States
pursuant to such law, or any project constructed by the Secretary
through the Bureau of Reclamation for the reclamation of lands.
(9) The term ``qualified recipient'' means an individual who is
a citizen of the United States or a resident alien thereof or any
legal entity established under State or Federal law which benefits
twenty-five natural persons or less.
(10) The term ``recordable contract'' means a contract between
the Secretary and a landowner in writing capable of being recorded
under State law providing for the sale or disposition of lands held
in excess of the ownership limitations of Federal reclamation law
including this subchapter.
(11) The term ``Secretary'' means the Secretary of the Interior.
(Pub. L. 97-293, title II, Sec. 202, Oct. 12, 1982, 96 Stat. 1263; Pub.
L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
References in Text
Federal reclamation law, referred to in pars. (1), (3)(A), (8), and
(10), is defined in section 390aa of this title.
Amendments
1986--Par. (4). Pub. L. 99-514 substituted ``Internal Revenue Code
of 1986'' for ``Internal Revenue Code of 1954''.
Section Referred to in Other Sections
This section is referred to in sections 390cc, 390ee, 422e, 2212 of
this title; title 26 section 90.
