§ 422b. — 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: 43USC422b]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER IV--CONSTRUCTION OF SMALL PROJECTS
Sec. 422b. Definitions
As used in this subchapter--
(a) The term ``construction'' shall include rehabilitation and
betterment.
(b) The term ``Federal reclamation laws'' shall mean the Act of June
17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary
thereto.
(c) The term ``organization'' shall mean a State or a department,
agency, or political subdivision thereof or a conservancy district,
irrigation district, water users' association, an agency created by
interstate compact, or similar organization which has capacity to
contract with the United States under the Federal reclamation laws.
(d) The term ``project'' shall mean (i) any complete irrigation
project, or (ii) any multiple-purpose water resource project that is
authorized or is eligible for authorization under the Federal
reclamation laws, or (iii) any distinct unit of a project described in
clause (i) and (ii) or (iv) any project for the drainage of irrigated
lands, without regard to whether such lands are irrigated with water
supplies developed pursuant to the Federal reclamation laws, or (v) any
project for the rehabilitation and betterment of a project or distinct
unit described in clauses (i), (ii), (iii), and (iv): Provided, That the
estimated total cost of the project described in clause (i), (ii),
(iii), (iv), or (v) does not exceed the maximum allowable estimated
total project cost as determined by subsection (f) hereof: Provided
further, That a project described in clause (i), (ii), or (iii) may
consist of existing facilities as distinct from newly constructed
facilities, and funds made available pursuant to this subchapter may be
utilized to acquire such facilities subject to a determination by the
Secretary that such facilities meet standards of design and construction
which he shall promulgate and that the cost of such existing facilities
represent less than fifty per centum of the cost of the project. Nothing
contained in this subchapter shall preclude the making of more than one
loan or grant, or combined loan and grant, to an organization so long as
no two such loans or grants, or combinations thereof, are for the same
project, as herein defined.
(e) The term ``Secretary'' shall mean the Secretary of the Interior.
(f) The maximum allowable estimated total project cost of a proposal
submitted during any given calendar year shall be determined by the
Secretary using the Bureau of Reclamation composite construction cost
index for January of that year with $15,000,000 as the January 1971
base.
(Aug. 6, 1956, ch. 972, Sec. 2, 70 Stat. 1044; Pub. L. 89-553,
Sec. 1(1), Sept. 2, 1966, 80 Stat. 376; Pub. L. 92-167, Sec. 1(1), Nov.
24, 1971, 85 Stat. 488; Pub. L. 94-181, Sec. 1(a), (b), Dec. 27, 1975,
89 Stat. 1049.)
References in Text
Act of June 17, 1902, referred to in par. (b), is popularly known as
the Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
Amendments
1975--Subsec. (d). Pub. L. 94-181, Sec. 1(a), substituted provisions
limiting the estimated cost of the project described in cls. (i), (ii),
(iii), (iv), and (v) to the maximum allowable estimated total project
cost as determined by subsection (f) of this section, for provisions
limiting the estimated cost of such projects to $15,000,000, and
inserted proviso relating to a project described in cl. (i), (ii), or
(iii).
Subsec. (f). Pub. L. 94-181, Sec. 1(b), added subsec. (f).
1971--Subsec. (d). Pub. L. 92-167 redefined the size and character
of projects which are eligible for approval under the program,
increasing money limitation from $1,000,000 to $15,000,000 and making
projects eligible, without being only for irrigation, for single purpose
irrigation, single purpose drainage, multiple purpose, a distinct unit
of the foregoing, or rehabilitation of any of the foregoing.
1966--Subsec. (d). Pub. L. 89-553 raised from $5,000,000 to
$6,500,000 the maximum amount for a loan or grant for a particular
project.
Retroactive Effect of 1966 Amendment
Section 2 of Pub. L. 89-553 provided that: ``Nothing contained in
this Act [amending this section and sections 422d, 422e, 422h, and 422j
of this title] shall be applicable to or affect in any way the terms on
which any loan or grant has been made prior to the effective date of
this Act [Sept. 2, 1966].''
Section Referred to in Other Sections
This section is referred to in section 422e of this title.
