Chapter 7.-HOMESTEADS

§§ 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 Repealed, Pub.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.

6151ii.

ability.

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.

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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

615nnn. 615000.

life; recreation.

Interest rates.

Authorization of appropriations.

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Authorization for construction, operation, and maintenance; principal features.

Fish and wildlife resources; recreation opportunities.

Integration with other Federal works.

Interest rates.

§ 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

administrative jurisdiction are lands owned by the United States the use of which is reasonably necessary for the construction, operation, and maintenance of distribution and drainage works under sections 421a to 421h of this title may grant to a borrower or prospective borrower under sections 421a to 421h of this title revocable permission for the use thereof in like manner as under sections 79, 522, and 524 of Title 16, sections 323 to 328 of Title 25, section 11i of Title 38, or sections 931a to 931d, 946 to 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. (As amended Oct. 13, 1972, Pub. L. 92-487, 86 Stat. 804.)

REFERENCES IN TEXT

Section 111 of Title 38, referred to in the text, refers to Act May 31, 1947, c. 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, c. 1041, § 53, 70A Stat. 641. See section 2668 of Title 10, Armed Forces.

AMENDMENTS

1972-Pub. L. 92-487 added provision subjecting drainage systems to the requirements of this section, substituted provisions authorizing the Secretary to reconvey to borrowers all land or interests in land and distribution works transferred to the United States under the provisions of sections 421a to 421h of this title, with the proviso relating to the amendment of the repayment contract, for provisions requiring borrowers, prior to the consummation of any loan, to transfer to the United States any lands or interests in lands presently held or acquired in the future which the Secretary finds necessary for the construction, operation, or maintenance of distribution systems, with title to all such lands, etc., subject to retransfer to the borrower by the Secretary upon repayment of the loan, to remain in the United States, and struck out provisions which restricted applicability of provisions to provisions relating to Federal reclamation laws.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 421d. Effect on existing laws.

Except as otherwise provided in sections 421a to 421h of this title, the provisions of the Federal reclamation laws, and Acts amendatory thereto, are continued in full force and effect. (As amended Oct. 13, 1972, Pub. L. 92-487, 86 Stat. 805.)

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 Volume for distribution.

AMENDMENTS

1972-Pub. L. 92-487 reenacted section without change. SECTION REFERRED TO IN OTHER SECTIONS

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

§ 421e. Municipal and industrial water supply delivery and distribution; allocation of loan funds: loan repayment contract requirements; rate of interest.

Unless otherwise provided in the Act authorizing construction of the project, the delivery and distri

bution of municipal and industrial water supplies shall be deemed to be an authorized project purpose under sections 421a to 421h of this title, and where appropriate, an allocation of loan funds acceptable to the Secretary shall be made between irrigation and municipal and industrial purposes. Loan repayment contracts shall require that the borrower pay interest on that portion of the unamortized loan obligation (including interest during construction) allocated in each year to municipal and industrial purposes at the rate provided in the Act authorizing the project, or absent such an authorized rate, at a rate determined by the Secretary of the Treasury as of the beginning of the fiscal year in which the contract, or contract amendment entered into pursuant to section 421f of this title, 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. (July 4, 1955, ch. 271, § 5, as added Oct. 3, 1972, Pub. L. 92-487, 86 Stat. 805.)

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 421f. Existing loan contracts; negotiation by Secretary of amendments.

The Secretary is hereby authorized to negotiate amendments to existing water service and irrigation distribution system loan contracts to conform said contracts to the provisions of sections 421a to 421h of this title. (July 4, 1955, ch. 271, § 6, as added Oct. 13, 1972, Pub. L. 92-487, 86 Stat. 805.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 421a to 421e, 421g, 421h of this title.

§ 421g. Existing rights unaffected.

Nothing in sections 421a to 421h 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, § 7, as added Oct. 13, 1972, Pub. L. 92-487, 86 Stat. 806.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 421a to 421f, 421h of this title.

§ 421h. Procedural and substantive requirements applicable to works financed by loans pursuant to sections 421a to 421h of this title.

Works financed by loans made under sections 421a to 421h of this title shall be subject to all procedural and substantive requirements of the Fish and Wildlife Coordination Act, the Federal Water Pollution Control Act, as amended, and the National Environmental Policy Act of 1969. (July 4, 1955, ch. 271, § 8, as added Oct. 13, 1972, Pub. L. 92-487, 86 Stat. 806.) REFERENCES IN TEXT

The Fish and Wildlife Coordination Act, referred to in the text, is classified to sections 661 to 666c of Title 16, Conservation.

The Federal Water Pollution Control Act, as amended, referred to in the text, is classified to section 1251 et seq. of Title 33, Navigation and Navigable Waters.

The National Environmental Policy Act of 1969, referred to in the text, is classified to section 4321 et seq. of Title 42, The Public Health and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 421a to 421g of this title.

CONSTRUCTION OF SMALL PROJECTS

§ 422a. Declaration of purpose.

The purpose of sections 422a to 422k-1 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.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 422k-1 of this title.

§ 422b. Definitions.

As used in sections 422a to 422k-1 of this title

(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 clauses (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 clauses (i), (ii), (iii), (iv), or (v) does not exceed $15,000,000. Nothing contained in sections 422a to 422k-1 of this title shall preclude the making of more than one loan or grant, or combined loan or grant, to an organization so long as no two such loans or grants, or combinations thereof, are for the same project, as herein.

(As amended Nov. 24, 1971, Pub. L. 92–167, § 1(1), 85 Stat. 488.)

AMENDMENTS

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 of the foregoing.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 422k-1 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-1 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 section 422k-1 of this title.

§ 422d. Contents of proposals.

(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 to 422k-1 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 422e(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-1 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-1 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 422e of this title shall have been executed.

(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. All project works and facilities constructed under sections 442a to 422k-1 of this title shall remain under the jurisdiction and control of the local contracting organization subject to the terms of the repayment contract. (As amended Nov. 24, 1971, Pub. L. 92-167, § 1(2), 85 Stat. 488.)

AMENDMENTS

1971-Subsec. (e). Pub. 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". SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 422k-1 of this title.