§ 390cc. — New or amended contracts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC390cc]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I-A--RECLAMATION REFORM
Sec. 390cc. New or amended contracts
(a) Generally
The provisions of this subchapter shall be applicable to any
district which--
(1) enters into a contract with the Secretary subsequent to
October 12, 1982;
(2) enters into any amendment of its contract with the Secretary
subsequent to October 12, 1982, which enables the district to
receive supplemental or additional benefits; or
(3) which amends its contract for the purpose of conforming to
the provisions of this subchapter.
(b) Amendment of existing contracts
Any district which has an existing contract with the Secretary as of
October 12, 1982, which does not enter into an amendment of such
contract as specified in subsection (a) of this section shall be subject
to Federal reclamation law in effect immediately prior to October 12,
1982, as that law is amended or supplemented by sections 209 through 230
of this title [43 U.S.C. 390ii--390zz-1, 373a, 422e, 425b, 485h]. Within
a district that does not enter into an amendment of its contract with
the Secretary within four and one-half years of October 12, 1982,
irrigation water may be delivered to lands leased in excess of a
landholding of one hundred and sixty acres only if full cost, as defined
in section 390bb(3)(A) of this title, is paid for such water as is
assignable to those lands leased in excess of such landholding of one
hundred and sixty acres: Provided, That the interest rate used in
computing full cost under this subsection shall be the same as provided
in section 390ee(a)(3) of this title.
(c) Election by qualified or limited recipients in absence of amendment
to contract
In the absence of an amendment to a contract, as specified in
subsection (a) of this section, a qualified recipient or limited
recipient may elect to be subject to the provisions of this subchapter
by executing an irrevocable election in a form approved by the Secretary
to comply with this subchapter. The district shall thereupon deliver
irrigation water to and collect from such recipient, for the credit of
the United States, the additional charges required by this subchapter
and assignable to the recipient making the election.
(d) Consent of non-Federal party
Amendments to contracts which are not required by the provisions of
this subchapter shall not be made without the consent of the non-Federal
party.
(Pub. L. 97-293, title II, Sec. 203, Oct. 12, 1982, 96 Stat. 1264.)
References in Text
Federal reclamation law, referred to in subsec. (b), is defined in
section 390aa of this title.
Sections 209 through 230 of this title, referred to in subsec. (b),
are sections 209 through 230 of title II of Pub. L. 97-293, which
enacted sections 390ii through 390zz-1 of this title, amended sections
373a, 422e, 425b, and 485h of this title, and repealed section 383 of
Title 25, Indians.
Section Referred to in Other Sections
This section is referred to in sections 390ee, 390ff, 390hh, 508,
2212, 2213 of this title.
