§ 422d. — Contents of proposals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC422d]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER IV--CONSTRUCTION OF SMALL PROJECTS
Sec. 422d. Contents of proposals
(a) Plans and estimates; review by States; allocation of capital costs
Any proposal with respect to the construction of a project which has
not theretofore been authorized for construction under the Federal
reclamation laws shall set forth, among other things, a plan and
estimated cost in detail comparable to those included in
preauthorization reports required for a Federal reclamation project;
shall have been submitted for review by the States of the drainage basin
in which the project is located in like manner as provided in section
701-1(c) of title 33, except that the review may be limited to the State
or States in which the project is located if the proposal is one solely
for rehabilitation and betterment of an existing project; and shall
include a proposed allocation of capital costs to functions such that
costs for facilities used for a single purpose shall be allocated to
that purpose and costs for facilities used for more than one purpose
shall be so allocated among the purposes served that each purpose will
share equitably in the costs of such joint facilities. The costs of
means and measures to prevent loss of and damage to fish and wildlife
resources shall be considered as project costs and allocated as may be
appropriate among project functions.
(b) Lands and water rights; ownership; financing
(1) Every such proposal shall include a showing that the
organization already holds or can acquire all lands and interests in
land (except public and other lands and interests in land owned by the
United States which are within the administrative jurisdiction of the
Secretary and subject to disposition by him) and rights, pursuant to
applicable State law, to the use of water necessary for the successful
construction, operation, and maintenance of the project and that it is
ready, able, and willing to finance otherwise than by loan and grant of
Federal funds such portion of the cost of the project (which portion
shall include all costs of acquiring lands, interests in land, and
rights to the use of water), except as provided in section 422e(b)(2) of
this title as the Secretary shall have advised is proper in the
circumstances.
(2) The Secretary shall require each organization to contribute
toward the cost of the project (other than by loan and/or grant of
Federal funds) an amount equal to 25 percent or more of the allowable
estimated cost of the project: Provided, That the Secretary, at his
discretion, may reduce the amount of such contribution to the extent
that he determines that the organization is unable to secure financing
from other sources under reasonable terms and conditions, and shall
include letters from lenders or other written evidence in support of any
funding of an applicant's inability to secure such financing in any
project proposal transmitted to the Congress: Provided further, That
under no circumstances shall the Secretary reduce the amount of such
contribution to less than 10 percent of the allowable estimated total
project costs. In determining the amount of the contribution as required
by this paragraph, the Secretary shall credit toward that amount the
cost of investigations, surveys, engineering, and other services
necessary to the preparation of proposals and plans for the project as
required by the Secretary, and the costs of lands and rights-of-way
required for the project, and the $5,000 fee described in section 422c
of this title. In determining the allowable estimated cost of the
project, the Secretary shall not include the amount of grants accorded
to the organization under section 422e(b) of this title.
(c) Transmittal of findings and approval to Congress; certification of
soil survey; reservation of land
At such time as a project is found by the Secretary and the Governor
of the State in which it is located (or an appropriate State agency
designated by him) to be financially feasible, is determined by the
Secretary to constitute a reasonable risk under the provisions of this
subchapter, and is approved by the Secretary, such findings and approval
shall be transmitted to the Congress. Each project proposal transmitted
by the Secretary to the Congress shall include a certification by the
Secretary that an adequate soil survey and land classification has been
made, or that the successful irrigability of those lands and their
susceptibility to sustained production of agricultural crops by means of
irrigation has been demonstrated in practice. Such proposal shall also
include an investigation of soil characteristics which might result in
toxic or hazardous irrigation return flows. The Secretary, at the time
of submitting the project proposal to Congress or at the time of his
determination that the requested project constitutes a reasonable risk
under the provisions of this subchapter, may reserve from use or
disposition inimical to the project any lands and interests in land
owned by the United States which are within his administrative
jurisdiction and subject to disposition by him and which are required
for use by the project. Any such reservation shall expire at the end of
two years unless the contract provided for in section 422e of this title
shall have been executed.
(d) Amount of loan and/or grant; increase by Secretary
At the time of his submitting the project proposal to the Congress,
or at any subsequent time prior to completion of construction of the
project, including projects heretofore approved, the Secretary may
increase the amount of the requested loan and/or grant to an amount
within the maximum allowed by section 422e(a) of this title, as amended
by Pub. L. 94-181, to compensate for increases in construction costs due
to price escalation.
(e) Appropriation; nonapplicability
No appropriation shall be made for financial participation in any
such project prior to sixty calendar days (which sixty days, however,
shall not include days on which either the House of Representatives or
the Senate is not in session because of an adjournment of more than
three calendar days to a day certain) from the date on which the
Secretary's findings and approval are submitted to the Congress and then
only if, within said sixty days, neither the Committee on Natural
Resources of the House of Representatives nor the Committee on Energy
and Natural Resources of the Senate disapproves the project proposal by
committee resolution. The provisions of this subsection (e) shall not be
applicable to proposals made under section 422f of this title.
(f) Consideration of financial feasibility, emergency, or urgent need;
jurisdiction and control of project works and facilities
The Secretary shall give due consideration to financial feasibility,
emergency, or urgent need for the project. All project works and
facilities constructed under this subchapter shall remain under the
jurisdiction and control of the local contracting organization subject
to the terms of the repayment contract.
(Aug. 6, 1956, ch. 972, Sec. 4, 70 Stat. 1044; Pub. L. 85-47, Sec. 1(a),
(b), June 5, 1957, 71 Stat. 48; Pub. L. 89-553, Sec. 1(2), (3), Sept. 2,
1966, 80 Stat. 376; Pub. L. 92-167, Sec. 1(2), Nov. 24, 1971, 85 Stat.
488; Pub. L. 94-181, Sec. 1(c)-(e), Dec. 27, 1975, 89 Stat. 1049, 1050;
Pub. L. 99-546, title III, Secs. 304, 305, Oct. 27, 1986, 100 Stat.
3053, 3054; Pub. L. 103-437, Sec. 16(b), Nov. 2, 1994, 108 Stat. 4594.)
References in Text
The Federal reclamation laws, referred to in subsec. (a), are
defined in section 422b of this title.
For the amendment of section 422e(a) of this title by Pub. L. 94-
181, referred to in subsec. (d), see 1975 Amendment note set out under
section 422e of this title.
Amendments
1994--Subsec. (e). Pub. L. 103-437 substituted ``Committee on
Natural Resources of the House of Representatives nor the Committee on
Energy and Natural Resources of the Senate'' for ``House nor the Senate
Interior and Insular Affairs Committee''.
1986--Subsec. (b)(1). Pub. L. 99-546, Sec. 304(a), designated
existing provisions as par. (1) and substituted ``grant of Federal
funds'' for ``grant under this subchapter''.
Subsec. (b)(2). Pub. L. 99-546, Sec. 304(b), added par. (2).
Subsec. (c). Pub. L. 99-546, Sec. 305, inserted provisions which
required certification by Secretary relating to soil survey, land
classification, or successful irrigability, and investigation of soil
for toxic or hazardous irrigation return flows.
1975--Subsec. (d). Pub. L. 94-181, Sec. 1(c), (d), added subsec.
(d). Former subsec. (d) redesignated (e).
Subsecs. (e), (f). Pub. L. 94-181, Sec. 1(d), (e), redesignated
former subsec. (d) as (e), substituted ``(e)'' for ``(d)'', and
redesignated former subsec. (e) as (f).
1971--Subsec. (e). Pub. L. 92-167 substituted in first sentence
``project'' for ``project, whether the proposal involves furnishing
supplemental irrigation water for an existing irrigation project,
whether the proposal involves rehabilitation of existing irrigation
project works, and whether the proposed project is primarily for
irrigation''.
1966--Subsec. (a). Pub. L. 89-553, Sec. 1(2), extended project costs
to include the cost of means and measures to prevent loss of and damage
to fish and wildlife resources and authorized allocation of such costs
as may be appropriate among project functions.
Subsec. (b). Pub. L. 89-553, Sec. 1(3), substituted ``cost of the
project'' for ``cost of construction'' in provision requiring that the
organization be ready, able, and willing to finance by other than loan
or grant whatever costs the Secretary advises, inserted reference to
section 422e(b)(2) of this title as an exception to the costs which the
organization must be able to finance other than by loan or grant, and
struck out proviso that the contribution by the applicant organization
shall not be required in excess of 25 per centum of the costs of the
project which, if it were being constructed as a Federal reclamation
project, would be properly allocable to reimbursable functions under
general provisions of law applicable to such projects.
1957--Subsec. (c). Pub. L. 85-47, Sec. 1(a), changed language
generally, and struck out provisions which authorized Secretary to
negotiate a contract as provided in section 422e of this title, with the
provision that no such contract be executed by him prior to sixty days
from date project proposal was submitted to both branches of Congress
for committee consideration, and then only if neither committee
disapproved proposal within the period, but that if both committees
approved he could execute contract, and that if either committee
disapproved, he could not proceed unless Congress approved.
Subsecs. (d), (e). Pub. L. 85-47, Sec. 1(b), added subsec. (d) and
redesignated former subsec. (d) as (e).
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
Effective Date of 1986 Amendment
Amendment by sections 304(a) and 305 of Pub. L. 99-546 applicable to
all proposals for which final applications are received by Secretary
after Jan. 1, 1986, and amendment by section 304(b) of Pub. L. 99-546
applicable to all proposals for which draft applications are received by
Secretary after Aug. 15, 1986, see section 310 of Pub. L. 99-546, set
out as a note under section 422a of this title.
Retroactive Effect of 1966 Amendment
Amendment by Pub. L. 89-553 not to be applicable to or affect in any
way the terms on which any loan or grant was made prior to the effective
date of Pub. L. 89-553, Sept. 2, 1966, see section 2 of Pub. L. 89-553,
set out as a note under section 422b of this title.
Section Referred to in Other Sections
This section is referred to in sections 422e, 422f, 422j of this
title.
