§ 390ww. — Administrative provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC390ww]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I-A--RECLAMATION REFORM
Sec. 390ww. Administrative provisions
(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) of this section,
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.
(Pub. L. 97-293, title II, Sec. 224, Oct. 12, 1982, 96 Stat. 1272; Pub.
L. 100-203, title V, Sec. 5302(a), Dec. 22, 1987, 101 Stat. 1330-268;
Pub. L. 103-437, Sec. 16(a)(3), Nov. 2, 1994, 108 Stat. 4594; Pub. L.
104-66, title I, Sec. 1081(d), Dec. 21, 1995, 109 Stat. 721.)
References in Text
The Federal reclamation law, referred to in subsecs. (a) to (c), is
defined in section 390aa of this title.
The reclamation law of the United States and the reclamation law,
referred to in subsecs. (g) and (i), probably means Federal reclamation
law which is defined in section 390aa of this title.
This subchapter, referred to in subsecs. (a) to (c) and (e), was in
the original ``this title'', meaning title II (Secs. 201-230) of Pub. L.
97-293, Oct. 12, 1982, 96 Stat. 1263, known as the Reclamation Reform
Act of 1982, which enacted this subchapter, amended sections 373a, 422e,
425b, and 485h of this title, and repealed section 383 of Title 25,
Indians. For complete classification of title II to the Code, see
Tables.
This subchapter, referred to in subsecs. (g) and (i), was in the
original ``this Act'' and was translated as reading ``this title''. See
note above.
Codification
Section is comprised of section 224 of Pub. L. 97-293. Subsec. (d)
of section 224 amended section 425 of this title. Subsec. (f) of section
224 repealed section 383 of Title 25, Indians, and amended section 385
of Title 25.
Amendments
1995--Subsec. (g). Pub. L. 104-66 struck out at end ``The Secretary
shall submit an annual written report to the Senate Committee on Energy
and Natural Resources and the House Committee on Natural Resources. Such
report shall summarize the legal entities and individuals audited, the
results of such audits, and the actions taken by the Secretary to
correct any instances of noncompliance with the reclamation law.''
1994--Subsec. (g). Pub. L. 103-437 substituted ``Natural Resources''
for ``Interior and Insular Affairs'' after ``House Committee on''.
1987--Subsecs. (g) to (i). Pub. L. 100-203 added subsecs. (g) to
(i).
Section Referred to in Other Sections
This section is referred to in section 390cc of this title.
