§ 390ee. — Pricing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC390ee]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I-A--RECLAMATION REFORM
Sec. 390ee. Pricing
(a) Delivery of irrigation water at full cost
Notwithstanding any other provision of law, any contract with a
district entered into by the Secretary as specified in section 390cc of
this title, shall provide for the delivery of irrigation water at full
cost as defined in section 390bb(3) of this title to:
(1) a landholding in excess of nine hundred and sixty acres of
class I lands or the equivalent thereof for a qualified
recipient,\1\
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\1\ So in original. The comma probably should be a semicolon.
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(2) a landholding in excess of three hundred and twenty acres of
class I land or the equivalent thereof for a limited recipient
receiving irrigation water on or before October 1, 1981; and
(3) the entire landholding of a limited recipient not receiving
irrigation water on or before October 1, 1981: Provided, That the
interest rate used in computing full cost under this paragraph shall
be determined by the Secretary of the Treasury on the basis of the
arithmetic average of--
(A) 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
(B) the weighted average of market yields on all interest-
bearing, marketable issues sold by the Treasury
during the fiscal year preceding the fiscal year in which the
expenditures are made, or October 12, 1982, for expenditures made
before October 12, 1982.
(b) Delivery of irrigation water at prior terms and conditions
Any contract with a district entered into by the Secretary as
specified in section 390cc of this title, shall provide for the delivery
of irrigation water to lands not in excess of the landholdings described
in subsection (a) of this section upon terms and conditions related to
pricing established by the Secretary pursuant to Federal reclamation law
in effect immediately prior to October 12, 1982, or, in the case of an
amended contract, upon the terms and conditions established by such
contract prior to the date of its amendment. However, the portion of any
price established under this subsection which relates to operation and
maintenance charges shall be established pursuant to section 390hh of
this title.
(c) Delivery of irrigation water to lands under recordable contracts
Notwithstanding any extension of time of any recordable contract as
provided in section 390ii(e) of this title, lands under recordable
contract shall be eligible to receive irrigation water at less than full
cost for a period not to exceed ten years from the date such recordable
contract was executed by the Secretary in the case of contracts existing
prior to October 12, 1982, or five years from the date such recordable
contract was executed by the Secretary in the case of contracts entered
into subsequent to October 12, 1982, or the time specified in section
390rr of this title for lands described in that section: Provided, That
in no case shall the right to receive water at less than full cost under
this subsection terminate sooner than eighteen months after the date on
which the Secretary again commences the processing or the approval of
the disposition of such lands.
(Pub. L. 97-293, title II, Sec. 205, Oct. 12, 1982, 96 Stat. 1265.)
References in Text
Federal reclamation law, referred to in subsec. (b), is defined in
section 390aa of this title.
Section Referred to in Other Sections
This section is referred to in sections 390cc, 390pp, 390ww of this
title.
