chapter, their effectiveness in achieving stated goals in general, and in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated.

(b) General standards; publication; reports of ensuing actions.

The Director shall develop and publish general standards for evaluation of program and project effectiveness in achieving the objectives of this chapter. Reports submitted pursuant to section 5047 of this title shall describe the actions taken as a result of evaluations carried out under this section.

(c) Opinions of participants.

In carrying out evaluations under this subchapter, the Director shall, whenever possible, arrange to obtain the opinions of program and project participants about the strengths and weaknesses of such programs and projects.

(d) Summaries of results; publication.

The Director shall publish summaries of the results of evaluations of program and project impact and effectiveness no later than sixty days after the completion thereof.

(e) Federal property.

The Director shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds shall become the property of the United States.

(f) Funds limitation; reduction of allotments.

The Director is authorized to use such sums as are required, but not to exceed 1 per centum of the funds appropriated under this chapter, to conduct program and project evaluations (directly, or by grants or contracts) as required by this chapter. In the case of allotments from such an appropriation, the amount available for such allotments (and the amount deemed appropriate therefor) shall be reduced accordingly. (Pub. L. 93-113, title IV, § 416, Oct. 1, 1973, 87 Stat. 412.)

§ 5057. Nondiscrimination.

(a) The Director shall not provide financial assistance for any program under this chapter unless the grant, contract, or agreement with respect to such program specifically provides that no person with responsibilities in the operation of such program will discriminate with respect to any such program because of race, creed, belief, color, national origin, sex, age, or political affiliation.

(b) No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with, any program or activity receiving assistance under this chapter. The Director shall enforce the provisions of the preceding sentence in accordance with section 2000d-1 of this title. Section 2000d-2 of this title shall apply with respect to any action taken by the Director to enforce such sentence. This section shall not be construed as affecting any other legal remedy that a person may have if that person is excluded from participation in, denied the benefits of, subjected to discrimination under, or denied em

ployment in connection with any program or activity receiving assistance under this chapter. (Pub. L. 93113, title IV, § 417, Oct. 1, 1973, 87 Stat. 413.)

§ 5058. Eligibility for other benefits.

Notwithstanding any other provision of law, no payment for supportive services or reimbursement of out-of-pocket expenses made to persons serving pursuant to subchapters II and III of this chapter shall be subject to any tax or charge or be treated as wages or compensation for the purposes of unemployment, temporary disability, retirement, public assistance, or similar benefit payments, or minimum wage laws. This section shall become effective with respect to all payments made after October 1, 1973. (Pub. L. 93113, title IV, § 418, Oct. 1, 1973, 87 Stat. 413.)

§ 5059. Legal expenses.

Notwithstanding any other provision of law and pursuant to regulations which the Director shall prescribe, counsel may be employed and counsel fees, court costs, bail, and other expenses incidental to the defense of volunteers may be paid in judicial or administrative proceedings to which full-time volunteers (or part-time volunteers when such proceeding arises directly out of the performance of activities pursuant to this chapter or section 637(b) (1) of Title 15 serving under this chapter have been made parties. (Pub. L. 93-113, title IV, § 419, Oct. 1, 1973, 87 Stat. 413.)

§ 5060. Rules, regulations, guidelines, instructions, and application forms; publication in Federal Register. All rules, regulations, guidelines, instructions, and application forms published or promulgated pursuant to this chapter shall be published in the Federal Register at least thirty days prior to their effective date (Pub. L. 93-113, title IV, § 420, Oct. 1, 1973, 87 Stat. 414.)

§ 5061. Definitions.

For the purposes of this chapter—

(1) the term "Director" means the Director of the ACTION agency;

(2) the terms "United States" and "States" mean the several States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, and America Samoa and, for the purposes of subchapter II of this chapter, the Trust Territory of the Pacific Islands;

(3) the term "nonprofit" as applied to any agency, institution, or organization means an agency, institution, or organization which is, or is owned and operated by, one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and

(4) the term "poor" or "low-income" persons, individuals, or volunteers means such individuals whose incomes fall at or below the poverty line as set forth in section 2971d of this title: Provided, That in determining who is "poor" or "lowincome", the Director shall take into consideration existing poverty guidelines as appropriate to local situations.

(Pub. L. 93-113, title IV, § 421, Oct. 1, 1973, 87 Stat. 414.)

§ 5062. Audit.

(a) Recordkeeping.

Each recipient of Federal grants, subgrants, contracts, subcontracts, or loans entered into under this chapter other than by formal advertising, and which are otherwise authorized by this chapter, shall keep such records as the Director shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

(b) Access to books, documents, papers, and records; limitations.

The Director and the Comptroller General of the United States, or any of their duly authorized representatives, shall, until the expiration of three years after completion of the project or undertaking referred to in subsection (a) of this section, have access for the purpose of audit and examination to any books, documents, papers, and records of such recipients which in the opinion of the Director or the Comptroller General may be related or pertinent to the grants, contracts, subcontracts, subgrants, or loans referred to in subsection (a) of this section. (Pub. L. 93-113, title IV, § 422, Oct. 1, 1973, 87 Stat. 414.)

SUBCHAPTER V.-AUTHORIZATION OF

APPROPRIATIONS

§ 5081. National Volunteer Antipoverty Programs.

(a) There are authorized to be appropriated $37,600,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary each for the fiscal years ending June 30, 1975, and June 30, 1976, for the purpose of carrying out subchapter I of this chapter. In each such year, of the sums appropriated pursuant to this subchapter not less than $29,600,000 shall be expended on programs designed to eliminate poverty and poverty-related human, social, and environmental problems. Of this amount not less than $22,300,000 shall be expended on programs authorized under part A of subchapter I of this chapter in each such fiscal year.

(b) Any sums authorized to be appropriated for subchapter I of this chapter in excess of $37,600,000 shall be reflected in a commensurate increase in the sums to be made available for Part A of such subchapter. (Pub. L. 93–113, title V, § 501, Oct. 1, 1973, 87 Stat. 415.)

§ 5082. National Older Americans Volunteer Programs. (a) There are authorized to be appropriated $17,500,000 for the fiscal year ending June 30, 1974, and $20,000,000 each for the fiscal year ending June 30, 1975, and for the fiscal year ending June 30, 1976, respectively, to be used for the purpose of carrying out programs under part A of subchapter II of this chapter.

(b) (1) There are authorized to be appropriated $32,500,000 for the fiscal year ending June 30, 1974, and $40,000,000 each for the fiscal years ending

June 30, 1975, and June 30, 1976, respectively, for the purpose of carrying out programs under part B of such subchapter of which (A) $26,500,000 for the fiscal year ending June 30, 1974, and $32,000,000 each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, shall be available for such years for grants or contracts under subsection (a) of section 5011 of this title, and (B) $6,000,000 for the fiscal year ending June 30, 1974, and $8,000,000 each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, shall be available for such years for grants or contracts under subsection (b) of such section.

(2) If the sums authorized to be appropriated under paragraph (1) of this subsection are not appropriated and made available in full for each such fiscal year, then such sums as are appropriated and made available for each such fiscal year shall be allocated so that

(A) any amounts appropriated not in excess of a sum which when added to carryover balances otherwise available for obligation under subsection (a) of section 5011 of this title equal $25,000,000 shall be used for grants or contracts under such subsection; and

(B) any amounts appropriated in excess of a sum which when added to carryover balances otherwise available for obligation under subsection (a) of section 5011 of this title equals $31,000,000 for the fiscal year ending June 30, 1974, and $33,000,000 each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, shall be used for grants or contracts for such fiscal years under such subsection.

(Pub. L. 93-113, title V, § 502, Oct. 1, 1973, 87 Stat. 415.)

§ 5083. National Volunteer Programs to Assist Small Businesses and Promote Volunteer Service by Persons with Business Experience.

There are authorized to be appropriated $208,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary each for the fiscal years ending June 30, 1975, and June 30, 1976, respectively, for the purpose of carrying out programs under subchapter III of this chapter. (Pub. L. 93-113, title V, § 503, Oct. 1, 1973, 87 Stat. 415.)

§ 5084. Administration and coordination.

There are authorized to be appropriated each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, respectively, such sums as may be necessary for the administration of this chapter as authorized in subchapter IV of this chapter. (Pub. L. 93-113, title V, § 504, Oct. 1, 1973, 87 Stat. 416.) § 5085. Availability of appropriations.

Notwithstanding any other provision of law, unless enacted in express and specific limitation of the provisions of this section, funds appropriated for any fiscal year to carry out any program under this chapter or any predecessor authority shall remain available, in accordance with the provisions of this chapter, for obligation and expenditure until expended. (Pub. L. 93-113, title V, § 505, Oct. 1, 1973, 87 Stat. 416.)

Chapter 7.-HOMESTEADS

S$ 270-1 to 270-3. Repealed, Pub. L. 92-203, § 18(a), Dec. 18, 1971, 85 Stat. 710.

Section 270-1, acts May 17, 1906, ch. 2469, § 1, 34 Stat. 197; Aug. 2, 1956, ch. 891, § 1(a)–(d), 70 Stat. 954, authorized the making of homestead allotments to native Indians, Aleuts, or Eskimos and provided for conveyance of allotted lands.

Section 270-2, act May 17, 1906, ch. 2469, § 2, as added Aug. 2, 1956, ch. 891, § 1(e), 70 Stat. 954, permitted allotments of land in national forests if the land was certified as chiefly valuable for agricultural or grazing uses.

Section 270-3, act May 27, 1906, ch. 2469, § 3, as added Aug. 2, 1956, ch. 891, § 1(e), 70 Stat. 954, prohibited the making of an allotment unless the person made satisfactory proof of substantially continuous use and occupancy of the land for five years.

Chapter 9.-DESERT-LAND ENTRIES

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 7 section 1006a.

Chapter 12.-RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT

INSTITUTION AND CONSTRUCTION OF PROJECTS

Sec. 421e. Municipal and industrial water supply delivery and distribution; allocation of loan funds; loan repayment contract requirements; rate of interest [New].

421f. Existing loan contracts; negotiation by Secretary of amendments [New].

421g. Existing rights unaffected [New]. 421h. Procedural and substantive requirements applicable to works financed by loans pursuant to sections 421a to 421h of this title [New]. CONSTRUCTION OF SMALL PROJECTS Loan contracts for deferment of repayment installments; amendment or supplementation [New].

422k-1.

6151ii.

Easements and rights-of-way.

Fish and wildlife resources.

Transfer of functions.

Abrogation, amendment, modification, or conflict with existing provisions.

Authorization of appropriations.

BRANTLEY PROJECT, PECOS RIVER BASIN, NEW

615jjj.

615kkk.

615lll.

MEXICO [NEW]

Authorization for construction, operation, and maintenance.

Fish and wildlife resources; recreation opportunities.

Pecos River Compact.

615mmm. Flood control and safety costs; fish and wild

§ 377a. Limitation on use of funds where organizations or individuals are in arrears on contract charges. REPEATED

Pub. L. 92-134, title III, § 300, Oct. 5, 1971, 85 Stat. 371; Pub. L. 92-405, title III, § 300, Aug. 25, 1972, 86 Stat. 627; Pub. L. 93-97, title III, § 300, Aug. 16, 1973, 87 Stat. 324.

§ 383. Vested rights and State laws unaffected by certain sections.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 387. Removal of sand, gravel, etc.; leases, easements,

etc.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460dd-2.

§ 390b. Development of water supplies for domestic, municipal, industrial, and other purposes.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 1962d-5b.

INSTITUTION AND CONSTRUCTION OF
PROJECTS

§ 421a. Construction of distribution and drainage systems by irrigation districts or public agencies. Distribution and drainage 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 421h 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 421h of this title. The drainage systems referred to in sections 421a to 421h of this title are those required for collection and removal of excess irrigation water, either on or below the surface of the ground and do not include enlargement or alteration of existing waterways for disposition or natural runoff. (As amended Oct. 13, 1972, Pub. L. 92-487, 86 Stat. 804.)

AMENDMENTS

1972-Pub. L. 92-487 substituted provisions relating to the construction of distribution and drainage systems, for provisions relating to the construction of irrigation systems, and added provisions setting forth the type of drainage systems subject to the coverage of sections 421a to 421h of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421b to 421h of this title.

§ 421b. Same; loans for construction; repayment contract; time period for repayment of loan; definition.

To assist financially in the construction of the aforesaid local distribution and drainage 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 and drainage 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 a loan, including any loan for a distribution and drainage system receiving water from the San Luis unit, Central Valley project, authorized by the Act of June 3, 1960 (74 Stat. 156), enter into a repayment contract which includes such provisions as the Secretary shall deem necessary and proper to provide assurance of prompt repayment of the loan within not to exceed forty years plus a development period not to exceed ten years. The term "irrigation district or other public agency" shall for the purposes of sections 421a to 421h 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. (As amended Oct. 13, 1972, Pub. L. 92-487, 86 Stat. 804.) REFERENCES IN TEXT

The Act of June 3, 1960 (74 Stat. 156), referred to in the text, has not been classified to this Code.

AMENDMENTS

1972-Pub. L. 92-487 substituted provisions relating to financial assistance in the construction of local distribution and drainage systems, for provisions relating to financial assistance in the construction of local irrigation distribution systems, and added provisions relating to loans for a distribution and drainage system receiving water from the San Luis unit, Central Valley project, and provisions setting forth a specified time period for repayment of loans.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 421c. Same; conditions of loan; reconveyance by Secretary of lands, interests in lands, and distribution works heretofore conveyed to the United States; conditions of reconveyance; rights-of-way.

The Secretary shall require, as conditions to any such loan, 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 and drainage 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 and drainage system. Every organization contracting for repayment of a loan under sections 421a to 421h of this title shall operate and maintain its distribution and drainage works in conformity with reasonable contractual requirements determined to be appropriate for the protection of the United States. The Secretary is hereby authorized to reconvey to borrowers all lands or interests in lands and distribution works transferred to the United States under the provisions of sections 421a to 421h of this title: Provided, That any reconveyance shall be upon the condition that the repayment contract of the borrower be amended to include such provisions as the Secretary shall deem necessary or proper to provide assurance of and security for prompt repayment of the loan. The head of any department or agency of the Government within whose