§ 504. — Rehabilitation and betterment of Federal reclamation projects, including small reclamation projects; return of costs; interest; definitions; performance of work.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC504]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER XI--MAINTENANCE AND OPERATION OF WORKS GENERALLY
Sec. 504. Rehabilitation and betterment of Federal reclamation
projects, including small reclamation projects; return of costs;
interest; definitions; performance of work
Expenditures of funds hereafter specifically appropriated for
rehabilitation and betterment of any project constructed under authority
of the Small Reclamation Projects Act (Act of August 6, 1956, 70 Stat.
1044, and Acts amendatory thereof and supplementary thereto) [43 U.S.C.
422a et seq.] and of irrigation systems on projects governed by the
Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts
amendatory thereof or supplementary thereto), shall be made only after
the organizations concerned shall have obligated themselves for the
return thereof, in installments fixed in accordance with their ability
to pay, as determined by the Secretary of the Interior in the light of
their outstanding repayment obligations, and which shall, to the fullest
practicable extent, be scheduled for return with their construction
charge installments or otherwise scheduled as he shall determine:
Provided, That repayment of such loans made for small reclamation
projects shall include interest in accordance with the provisions of
said Small Reclamation Projects Act. No such determination of the
Secretary of the Interior shall become effective until the expiration of
sixty days after it has been submitted to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives; except that, any such determination may
become effective prior to the expiration of such sixty days in any case
in which each such committee approves an earlier date and notifies the
Secretary in writing, of such approval: Provided, That when Congress is
not in session the Secretary's determination, if accompanied by a
finding by the Secretary that substantial hardship to the water users
concerned or substantial further injury to the project works will
result, shall become effective when the chairman and ranking minority
member of each such committee shall file with the Secretary their
written approval of said findings. The term ``rehabilitation and
betterment'', as used in this section, shall mean maintenance, including
replacements, which cannot be financed currently, as otherwise
contemplated by the Federal reclamation laws in the case of operation
and maintenance costs, but shall not include construction, the costs of
which are returnable, in whole or in part, through ``construction
charges'' as that term is defined in section 485a(d) of this title. Such
rehabilitation and betterment work may be performed by contract, by
force-account, or, notwithstanding any other law and subject to such
reasonable terms and conditions as the Secretary of the Interior shall
deem appropriate for the protection of the United States, by contract
entered into with the organization concerned whereby such organization
shall perform such work.
(Oct. 7, 1949, ch. 650, Sec. 1, 63 Stat. 724; Mar. 3, 1950, ch. 47, 64
Stat. 11; Pub. L. 94-102, Oct. 3, 1975, 89 Stat. 485; Pub. L. 103-437,
Sec. 16(c), Nov. 2, 1994, 108 Stat. 4594.)
References in Text
The Small Reclamation Projects Act, referred to in text, probably
means the Small Reclamation Projects Act of 1956, act Aug. 6, 1956, ch.
972, 70 Stat. 1044, as amended, which is classified generally to
subchapter IV (Sec. 422a et seq.) of this chapter. For complete
classification of this Act to the Code, see section 422k of this title
and Tables.
Act of June 17, 1902, referred to in text, 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
1994--Pub. L. 103-437 substituted ``Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the
House'' for ``Committee on Interior and Insular Affairs of the Senate
and the Committee on Public Lands of the House''.
1975--Pub. L. 94-102 required return of costs for small reclamation
projects including interest payments.
1950--Act Mar. 3, 1950, struck out period at end of second sentence
and inserted ``; except that, any such determination may become
effective prior to the expiration of such sixty days in any case in
which each such committee approves an earlier date and notifies the
Secretary in writing, of such approval: Provided, That when Congress is
not in session the Secretary's determination, if accompanied by a
finding by the Secretary that substantial hardship to the water users
concerned or substantial further injury to the project works will
result, shall become effective when the chairman and ranking minority
member of each such committee shall file with the Secretary their
written approval of said findings.''
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.
Short Title
Act Oct. 7, 1949, ch. 650, 63 Stat. 724, which enacted this section
and provisions set out below, is popularly known as the ``Rehabilitation
and Betterment Act of 1949''.
Supplemental to Federal Reclamation Laws
Section 2 of act Oct. 7, 1949, provided that: ``This Act [enacting
this section] shall be deemed a supplement to the Federal reclamation
laws.''
