§ 421. Acquisition of lands for irrigation project; eminent domain.

Where, in carrying out the provisions of sections 372, 373, 383, 391, 392, 411, 416, 419, 421, 431, 432, 434, 439, 461, 491 and 498 of this title, it becomes necessary to acquire any rights or property, the Secretary of the Interior is authorized to acquire the same for the United States by purchase or by condemnation under judicial process, and to pay from the reclamation fund the sums which may be needed for that purpose, and it shall be the duty of the Attorney General of the United States upon every application of the Secretary of the Interior, under such sections, to cause proceedings to be commenced for condemnation within thirty days from the receipt of the application at the Department of Justice. (June 17, 1902, ch. 1093, § 7, 32 Stat. 389.)

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified, or repealed by the Submerged Lands Act, see section 1303 of this title.

CROSS REFERENCES

Grand Teton National Park, withdrawn lands within exterior boundary, use for reclamation purposes, see section 406d-5 of Title 16, Conservation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 164, 238, 372, 373, 383, 391, 411, 416, 420, 432, 491, 498 of this title; title 12 section 773; title 16 section 406d-5; title 30 section 125.

§ 421a. Construction of irrigation distribution systems by irrigation districts or public agencies.

Irrigation distribution systems authorized to be constructed under the Federal reclamation laws may, in lieu of construction by the Secretary of the Interior (referred to in sections 421a to 421d of this title as the "Secretary"), be constructed by irrigation districts or other public agencies according to plans and specifications approved by the Secretary as provided in sections 421a to 421d of this title. (July 4, 1955, ch. 271, § 1, 69 Stat. 244.)

REFERENCES IN TEXT

The Federal reclamation laws, referred to in the text, refer to act June 17, 1902, ch. 1093, 32 Stat. 388, and Acts amendatory thereof and supplementary thereto, which are classified generally to this title. See Tables for distribution.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 421c of this title.

§ 421b. Same; loans for construction; repayment contract; definition.

To assist financially in the construction of the local irrigation distribution systems by irrigation districts and other public agencies the Secretary is authorized, on application therefor by such irrigation districts or other public agencies, to make funds available on a loan basis from moneys appropriated for the construction of such distribution systems to any irrigation district or other public agency in an amount equal to the estimated construction cost of such system, contingent upon a finding by the Secretary that the loan can be returned to the United States in accordance with the general repayment provisions of sections 485a (d) and 485h (d) of this title, and upon a showing that such district or agency already holds or can acquire all lands and interests in land (except public and other lands or interests

in land owned by the United States which are within the administrative jurisdiction of the Secretary and subject to disposition by him) necessary for the construction, operation, and maintenance of the project. The Secretary shall, upon approval of the loan, enter into a repayment contract which includes such provisions as the Secretary shall deem neces sary and proper to provide assurance of prompt repayment of the loan. The term "irrigation district or other public agency" shall for the purposes of sections 421a to 421d of this title mean any conservancy district, irrigation district, water users' organization, or other organization, which is organized under State law and which has capacity to enter into contracts with the United States pursuant to the Federal reclamation laws. (July 4, 1955, ch. 271, § 2, 69 Stat. 245.)

REFERENCES IN TEXT

The Federal reclamation laws, referred to in the text, refer to act June 17, 1902, ch. 1093, 32 Stat. 388, and Acts amendatory thereof and supplementary thereto, which are classified generally to this title. See Tables for distribution.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421a, 421c of this title.

§ 421c. Same; conditions of loan; land transfers to United States; rights-of-way; restrictions.

The Secretary shall require, as conditions to any loan specified in section 421b of this title, that the borrower contribute in money or materials, labor, lands, or interests in land, computed at their reasonable value, a portion, not in excess of 10 per centum, of the construction cost of the distribution system (including all costs of acquiring lands and interests in land), that the plans for the system be in accord with sound engineering practices and be such as will achieve the purposes for which the system was authorized, and that the borrower agree to account in full in regard to all disbursements of borrowed funds and to return at once for application toward amortization of the loan all funds which are not expended in the construction of the distribution system. Prior to the consummation of any loan under sections 421a to 421d of this title the borrower shall also be required to transfer to the United States any lands or interests in land which it then holds and which the Secretary finds are required for the construction, operation, and maintenance of the distribution system and to agree to transfer to the United States any lands or interests in land which it may thereafter acquire and which the Secretary may find are required for this purpose and distribution works constructed, in whole or in part, with moneys lent under said sections for the construction thereof. Title to all such lands, interests in land and distribution works shall remain in the United States until the loan is repaid. Every organization contracting for repayment of a loan under said sections shall operate and maintain its distribution works in conformity with reasonable contractual requirements determined to be appropriate for the protection of the United States. When full repayment has been made to the United States, the Secretary shall relinquish all claims under said contracts and shall retransfer to the borrower title to the works and all lands and interests in land which were transferred by it to the United States. The head of any department or agency of the Government within whose administrative jurisdiction are lands owned by the United States the use of which

is reasonably necessary for the construction, operation, and maintenance of distribution works under said sections may grant to a borrower or prospective borrower under said sections revocable permission for the use thereof in like manner as under sections 79, 522 and 524 of Title 16, section 11i of Title 38, sections 323 to 328 of Title 25, or sections 931a to 931d, 946-950, 956, and 959 of this title, or any other similar Act which is applicable to the lands involved: Provided, That no such permission shall be granted in the case of lands being administered for national park, national monument, or wildlife purposes. No benefits or privileges under the Federal reclamation laws, including repayment provisions, shall be denied an irrigation distribution system because such system has been constructed pursuant to sections 421a to 421d of this title. The provisions of sections 421a to 421d of this title shall apply only to irrigation purposes, including incidental domestic and stock water, and loans hereunder shall be interest free. Nothing in sections 421a to 421d of this title shall be construed to repeal or limit the procedural and substantive requirements of sections 372 and 383 of this title. (July 4, 1955, ch. 271, § 3, 69 Stat. 245; May 14, 1956, ch. 268, 70 Stat. 155.)

REFERENCES IN TEXT

Section 111 of title 38, referred to in the text, refers to act May 31, 1947, ch. 89, 61 Stat. 124, which was repealed by Pub. L. 85-56, title XXII, § 2202(196), June 17, 1957, 71 Stat. 171, eff. Jan. 1, 1958, and is now covered by section 5014 of Title 38, Veterans' Benefits.

Section 931b of this title, included within sections 931a-931d, referred to in the text, was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. See section 2668 of Title 10, Armed Forces.

The Federal reclamation laws (act June 17, 1902, 32 Stat. 388, and acts amendatory thereof or supplementary thereto), are classified generally to this title. See Tables for distribution.

AMENDMENTS

1956-Act May 14, 1956 provided that the Secretary, as conditions to loan, require borrower to account for disbursements of borrowed funds and return for application toward amortization of the loan all funds not expended in the construction of the distribution system, required, prior to the consummation of any loan, the transfer to the United States of titles to lands or interests in lands held by the borrower, and that titles to such lands, interests, and distribution works remain in United States until repayment, and provided for issuance of revocable permits for the use of lands owned by United States, in lieu of the formerly authorized actual conveyance to the districts of the rights-of-way.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 421a of this title. §421d. Effect on existing laws.

Except as otherwise provided in sections 421a to 421d of this title, the provisions of the Federal reclamation laws, and Acts amendatory thereto, are continued in full force and effect. (July 4, 1955, ch. 271, § 4, 69 Stat. 245.)

REFERENCES IN TEXT

The Federal reclamation laws, and Acts amendatory thereto, referred to in the text, refer to act June 17, 1902, ch. 1093, 32 Stat. 388 and Acts amendatory thereto, which

are classified generally to this title. See Tables for distribution.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421a, 421c of this title.

§ 422. Construction of dams across Yellowstone River. Where, in carrying out projects under the provisions of the reclamation law, it shall be necessary to construct dams in or across the Yellowstone River in the State of Montana, the Secretary of the Interior is authorized to construct and use and operate the same in the manner and for the purposes contemplated by said reclamation law. (Mar. 3, 1905, ch. 1476, 33 Stat. 1045.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 442d, 422f of this title.

CONSTRUCTION OF SMALL PROJECTS

§ 422a. Declaration of purpose.

The purpose of sections 422a to 422 of this title is to encourage State and local participation in the development of projects under the Federal reclamation laws and to provide for Federal assistance in the development of similar projects in the seventeen western reclamation States by non-Federal organizations. (Aug. 6, 1956, ch. 972, § 1, 70 Stat. 1044.)

SEPARABILITY OF PROVISIONS

Section 12 of act Aug. 6, 1956, provided that: "If any provisions of this Act Isections 422a-422k of this titlel or the application of such provision to any person, organization, or circumstance shall be held invalid, the remainder of the Act [sections 422a-422k of this title] and the application of such provision to persons, organizations, or circumstances other than those as to which it is held invalid shall not be affected thereby."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 422b, 422c, 422d, 422e, 422g, 422h, 4221, 4221, 422k, 422l of this title. § 422b. Definitions.

As used in sections 422a to 422k of this title(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 (1) any complete irrigation undertaking, including incidental features thereof, or distinct unit of such an undertaking or a rehabilitation and betterment program for an existing irrigation project, authorized to be constructed pursuant to the Federal reclamation laws and (ii) any similar undertaking proposed to be constructed by an organization. The term "project" shall not include any such undertaking unit, or program the cost of which exceeds $10,000,000, and no loan, grant, or combination thereof for any project shall be in excess of $6,500,000: Provided, That nothing contained in sections 422a to 422k of this title 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. (Aug. 6, 1956, ch. 972, § 2, 70 Stat. 1044; Sept. 2, 1966, Pub. L. 89-553, §1(1), 80 Stat. 376.)

REFERENCES IN TEXT

The act of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, referred to in subsec. (b), are classified generally to this title. See Tables for distribution.

AMENDMENTS

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 subsec. (d) of 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 sections 422a, 422c, 422d, 422e, 422g, 422h, 4221, 422j, 422k, 422l of this title.

§ 422c. Proposals; submission; payment for cost of examination.

Any organization desiring to avail itself of the benefits provided in sections 422a to 422k of this title shall submit a proposal therefor to the Secretary in such form and manner as he shall prescribe. Each such proposal shall be accompanied by a payment of $1,000 to defray, in part, the cost of examining the proposal. (Aug. 6, 1956, ch. 972, § 3, 70 Stat. 1044.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 422a, 422b, 422d, 422e, 422g, 422h, 4221, 422j, 422k, 422l of this title.

§ 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 con

sidered as project costs and allocated as may be appropriate among project functions.

(b) Lands and water rights; ownership; financing.

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 under sections 422a-422k of this title 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 422(e) (b) (2) of this title as the Secretary shall have advised is proper in the circumstances.

(c) Transmittal of findings and approval to Congress; 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 sections 422a to 422k of this title, and is approved by the Secretary, such findings and approval shall be transmitted to the Congress. 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 sections 422a to 422k of this title, 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 422a of this title shall have been executed.

(d) 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 House nor the Senate Interior and Insular Affairs Committee disapproves the project proposal by committee resolution. The provisions of this subsection (d) shall not be applicable to proposals made under section 422f of this title.

(e) 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, 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. All project works and facilities constructed under section 422a to 422k of this title 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, $4, 70 Stat. 1044; June 5, 1957, Pub. L. 85-47, §1 (a), (b), 71 Stat. 48; Sept. 2, 1966, Pub. L. 89-553, § 1(2), (3), 80 Stat. 376.)

REFERENCES IN TEXT

The Federal reclamation laws, referred to in subsec. (a), are defined in section 422b (b) of this title. See also, note under such section 422b.

AMENDMENTS

1966-Subsec. (a). Pub. L. 89-553, §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, §1(3), substituted "cost of the project" for "cost of construction" in the 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, §1 (a), changed language generally, and eliminated 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.

Subsec. (d). Pub. L. 85-47, §1 (b) added subsec. (d). Former subsec. (d) redesignated (e).

RETROACTIVE EFFECT OF 1966 AMENDMENT Amendment of subsecs. (a) and (b) of this section 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 422a, 422b, 422c, 422e, 4221, 422g, 422h, 4221, 4221, 422k, 4221 of this title. §422e. Contract requirements.

Upon approval of any project proposal by the Secretary under the provisions of section 422d of this title, he may negotiate a contract which shall set out, among other things

(a) the maximum amount of any loan to be made to the organization and the time and method of making the same available to the organization. Said loan shall not exceed the lesser of (1) $6,500,000 or (2) the estimated total cost of the project minus the contribution of the local organization as provided in section 422d(b) of this title and the amount of the grant approved;

(b) the maximum amount of any grant to be accorded the organization. Said grant shall not 47-5000-71-vol. 10-9

exceed the sum of the following: (1) the costs of investigations, surveys, and engineering and other services necessary to the preparation of proposals and plans for the project allocable to fish and wildlife enhancement or public recreation; (2) onehalf the costs of acquiring lands or interests therein for a reservoir or other area to be operated for fish and wildlife enhancement or public recreation purposes; (3) one-half the costs of basic public outdoor recreation facilities or facilities serving fish and wildlife enhancement purposes exclusively; (4) one-half the costs of construction of joint use facilities properly allocable to fish and wildlife enhancement or public recreation; and (5) that portion of the estimated cost of constructing the project which, if it were constructed as a Federal reclamation project, would be properly allocable to functions, other than recreation and fish and wildlife enhancement, which are nonreimbursable under general provisions of law applicable to such projects;

(c) a plan of repayment by the organization of (1) the sums lent to it in not more than fifty years from the date when the principal benefits of the project first become available; (2) interest, as determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the contract is executed, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue, and by adjusting such average rate to the nearest one-eighth of 1 per centum, on that portion of the loan which is attributable to furnishing irrigation benefits in each particular year to land held in private ownership by any one owner in excess of one hundred and sixty irrigable acres; and (3) in the case of any project involving an allocation to domestic, industrial, or municipal water supply, or commercial power, interest on the unamortized balance of an appropriate portion of the loan at a rate as determined in (2) above;

(d) provision for operation of the project, if a grant predicated upon its performance of nonreimbursable functions is made, in accordance with regulations with respect thereto prescribed by the head of the Federal department or agency primarily concerned with those functions and, in the event of noncompliance with such regulations, for operation by the United States or for repayment to the United States of the amount of any such grant;

(e) such provisions as the Secretary shall deem necessary or proper to provide assurance of and security for prompt repayment of the loan and interest as aforesaid. The liability of the United States under any contract entered into pursuant to sections 422a to 422k of this title shall be contingent upon the availability of appropriations to carry out the same, and every such contract shall so recite; and

(f) provisions conforming to the preference requirements contained in the proviso to section 485h (c) of this title, if the project produces electric power for sale. (Aug. 6, 1956, ch. 972, § 5, 70 Stat. 1046; June 5, 1957, Pub. L. 85-47, § 1 (c), 71 Stat. 49; Sept. 2, 1966, Pub. L. 89-553, § 1(4), 80 Stat. 376.)

AMENDMENTS

1966-Pub. L. 89-553 substituted the lesser of $6,500,000 or the estimated total cost of the project minus the contribution of the local organization as provided in section 442d(b) of this title and the amount of the grant for the portion of the estimated cost of constructing 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 as the maximum amount of the loan, struck out the time and method of paying a grant to an organization from the list of contract terms, added factors involving fish and wildlife enhancement and public recreation to the factors adding up to the figure comprising the maximum allowable grant, and altered the requirements of the interest term by substituting the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue for the estimate of the average annual yield to maturity, on the basis of daily closing market bid quotations or prices during the month of May preceding the fiscal year in which the loan is made, on all outstanding marketable obligations of the United States having a maturity date of fifteen or more years from May 1 of the year.

1957-Pub. L. 85-47 substituted "Upon approval of any project proposal by the Secretary under the provisions of section 422d of this title, he may negotiate a contract which" for the words "Any contract authorized to be negotiated under the provisions of subsection (c) of section 422d of this title".

RETROACTIVE EFFECT OF 1966 AMENDMENT Amendment of section 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 422a, 422b, 422c, 422d, 422g, 422h, 4221, 4221, 422k, 422l of this title.

§ 422f. Proposals for projects previously authorized; waiver of requirements; approval; negotiation of contract.

Any proposal with respect to the construction of a project which has theretofore been authorized for construction under the Federal reclamation laws shall be made in like manner as a proposal under section 422d of this title, but the Secretary may waive such requirements of subsections (a) and (b) of section 422d of this title as he finds to be duplicative of, or rendered unnecessary or impossible by, action already taken by the United States. Upon approval of any such proposal by the Secretary he may negotiate and execute a contract which conforms, as nearly as may be, to the provisions of section 422 of this title. (Aug. 6, 1956, ch. 972, § 6, 70 Stat. 1046.)

REFERENCES IN TEXT

The Federal reclamation laws, referred to in the text, are defined in section 422b (b) of this title. See also, note under such section 422b.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 422a, 422b, 422c, 422d, 422e, 422g, 422h, 4221, 422), 422k, 422l of this title. § 422g. Information from Federal agencies; costs.

Upon request of an organization which has made or intends to make a proposal under sections 422a to 422k of this title, the head of any Federal department or agency may make available to the organization any existing engineering, economic, or hydrologic information and printed material that it may have and that will be useful in connection with the

planning, design, construction, or operation and maintenance of the project concerned. The reasonable cost of any plans, specifications, and other unpublished material furnished by the Secretary pursuant to this section and the cost of making and administering any loan under sections 422a to 422k of this title shall, to the extent that they would not be nonreimbursable in the case of a project constructed under the Federal reclamation laws, be treated as a loan and covered in the provisions of the contract entered into under section 422e of this title unless they are otherwise paid for by the organization. (Aug. 6, 1956, ch. 972, § 7, 70 Stat. 1047.)

REFERENCES IN TEXT

The Federal reclamation laws, referred to in the text, are defined in section 422b (b) of this title. See also, note under such section 422b.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 422a, 422b, 422c, 422d, 422e, 422h, 4221, 4221, 422k, 422l of this title.

§ 422h. Planning and construction.

The planning and construction of projects undertaken pursuant to sections 422a to 422k of this title shall be subject to all procedural requirements and other provisions of the Fish and Wildlife Coordination Act, as amended. (Aug. 6, 1956, ch. 972, § 8, 70 Stat. 1047; Sept. 2, 1966, Pub. L. 89-553, §1(5), 80 Stat. 377.)

REFERENCES IN TEXT

The Fish and Wildlife Coordination Act, as amended, referred to in text, is act Mar. 10, 1934, b. 55, 48 Stat. 401, as amended, which is classified to section 661 et seq. of Title 16, Conservation.

AMENDMENTS

1966-Pub. L. 89-553 substituted "the Fish and Wildlife Coordination Act, as amended" for "the Act of Aug. 14, 1946 (60 Stat. 1080)", which, for purposes of classification, had been changed to "sections 661-665, and 666-666c of Title 16".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 422a, 422b, 422c, 422d, 422e, 422g, 4221, 4221, 422k, 422l of this title. § 422i. Rules and regulations.

The Secretary is authorized to perform any and all acts and to make such rules and regulations as may be necessary or proper in carrying out the provisions of sections 422a to 422k of this title. (Aug. 6, 1956, ch. 972, §9, 70 Stat. 1047.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4228, 422b, 422c, 422d, 422e, 422g, 422h, 4221, 422k, 422l of this title.

§ 422j. Appropriations; notice to Congress of receipt of proposal; funds to initiate proposal; availability of appropriations; reimbursement.

There are authorized to be appropriated, such sums as may be necessary, but not to exceed $200,000,000, to carry out the provisions of sections 422a to 422k of this title: Provided, That the Secretary shall advise the Congress promptly on the receipt of each proposal referred to in section 422b of this title, and no contract shall become effective until appropriated funds are available to initiate the specific proposal covered by each contract. All such appropriations shall remain available until expended and shall, insofar as they are used to finance loans