§ 390h-13. — Authorization of appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC390h-13]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 390h-13. Authorization of appropriations
(a) In general
There are authorized to be appropriated such sums as may be
necessary to carry out the purposes and provisions of sections 390h
through 390h-12p of this title.
(b) Prerequisite cost-sharing agreement
(1) Funds may not be appropriated for the construction of any
project authorized by sections 390h to 390h-17 of this title until
after--
(A) an appraisal investigation and a feasibility study that
complies with the provisions of sections 390h-1(b) or 390h-2(c) of
this title, as the case may be, have been completed by the Secretary
or the non-Federal project sponsor;
(B) the Secretary has determined that the non-Federal project
sponsor is financially capable of funding the non-Federal share of
the project's costs; and
(C) the Secretary has approved a cost-sharing agreement with the
non-Federal project sponsor which commits the non-Federal project
sponsor to funding its proportionate share of the project's
construction costs on an annual basis.
(2) The requirements of paragraph (1) shall not apply to those
projects authorized by sections 390h to 390h-17 of this title for which
funds were appropriated prior to January 1, 1996.
(c) Congressional notification
The Secretary shall notify the Committees on Resources and
Appropriations of the House of Representatives and the Committees on
Energy and Natural Resources and Appropriations of the Senate within 30
days after the signing of a cost-sharing agreement pursuant to
subsection (b) of this section that such an agreement has been signed
and that the Secretary has determined that the non-Federal project
sponsor is financially capable of funding the project's non-Federal
share of the project's costs.
(d) Ceiling on Federal share
(1) Notwithstanding any other provision of sections 390h to 390h-17
of this title and except as provided by paragraph (2), the Federal share
of the costs of each of the individual projects authorized by sections
390h to 390h-17 of this title shall not exceed $20,000,000 (October 1996
prices).
(2) In the case of any project authorized by sections 390h to 390h-
17 of this title for which construction funds were appropriated before
January 1, 1996, the Federal share of the cost of such project may not
exceed the amount specified as the ``total Federal obligation'' for that
project in the budget justification made by the Bureau of Reclamation
for fiscal year 1997, as contained in part 3 of the report of the
hearing held on March 27, 1996, before the Subcommittee on Energy and
Water Development of the Committee on Appropriations of the House of
Representatives.
(Pub. L. 102-575, title XVI, Sec. 1631, formerly Sec. 1615, Oct. 30,
1992, 106 Stat. 4668; renumbered Sec. 1631 and amended Pub. L. 104-266,
Secs. 2(a)(1), (b)(1), 7, Oct. 9, 1996, 110 Stat. 3290, 3294, 3296.)
References in Text
Sections 390h through 390h-12p of this title, referred to in subsec.
(a), was in the original ``sections 1601 through 1630 of this title''
meaning sections 1601 through 1630 of title XVI of Pub. L. 102-575,
which are classified to sections 390h to 390h-12p of this title and
provisions set out as a note under section 390h of this title.
Amendments
1996--Pub. L. 104-266 designated existing provisions as subsec. (a),
substituted ``300h-12p'' for ``300h-12'', and added subsecs. (b) to (d).
