Sec. CHAPTER 113-CONSERVATION AND UTILIZATION 1871. Definitions. 1872. Administrative provisions. PROJECTS 1873. Delegation of powers and duties of Secretary. 1874. Construction of water conservation and utilization projects. 1875. Approval of project. 1876. Repayments for money expended. 1877. Repayment contracts. 1878. Cooperative rehabilitation program; assistance of other agencies; reim bursement. 1879. Cooperative agreements; investigations and surveys; jurisdiction over The word "Secretary" standing alone when used in this chapter means Secretary of the Interior. (b) Reimbursable construction costs The term "reimbursable construction costs" as used in this chapter means that part of the costs of investigating, constructing, and operating and maintaining the project, which are allocated by the Secretary to irrigation, and which are met by expenditures of moneys therefor appropriated under the authority of section 1883 of this title, plus such amounts as the President, under clause (1) of section 1876 of this title, may determine to be reimbursable. But administrative expenses incurred in the District of Columbia in connection with the investigation, construction, or operation and maintenance of a project shall not be included in the reimbursable construction costs nor shall they be charged to the water users in any way. (c) Project The word "project", as used in subsections (b) and (d) of section 1875 of this title and in section 1877 of this title, means also division of a project designated as provided by subsection (c) of section 1875 of this title. (d) 1940 water conservation appropriation The term "1940 water conservation appropriation”, as used in this chapter, means appropriations for construction of projects made under the head "Water Conservation and Utility Projects" in the Interior Department Appropriation Act, 1940. § 1872. Administrative provisions The Secretary of the Interior and the Secretary of Agriculture may perform any and all acts and may make such rules and regulations as may be necessary and proper for the purpose of carrying out their respective functions under this chapter and for the purpose of carrying the provisions of this chapter into full force and effect. § 1873. Delegation of powers and duties of Secretary For the purpose of facilitating and simplifying the administration of this chapter, the Secretary may delegate, from time to time and to the extent and under such regulations as he deems proper, his powers and duties under said laws to the Commissioner of Reclamation, an Assistant Commissioner, or the officer in charge of any office, division, district, or project of the Bureau of Reclamation. § 1874. Construction of water conservation and utilization projects For the purpose of stabilizing water supply and thereby rehabilitating farmers on the land and providing opportunities for permanent settlement of farm families, the Secretary may investigate and, upon compliance with the provisions of this chapter, may construct water conservation and utilization projects in the Great Plains and arid and semiarid areas of the United States, and may operate and maintain each such project in accordance with the provisions of this chapter. The United States shall retain title to the dams, reservoirs, irrigation, and other project works until Congress otherwise provides. § 1875. Approval of project (a) Findings as to engineering feasibility and costs No construction of a project may be undertaken pursuant to the authority of this chapter unless and until the Secretary has made an investigation thereof and has submitted to the President his report and findings on (1) the engineering feasibility of the proposed construction; (2) the estimated cost of the proposed construction; (3) the part of the estimated cost which properly can be allocated to irrigation; (4) the part of the estimated cost which probably can be repaid by the water users in accordance with the requirements of section 1877 of this title; (5) the part of the estimated cost which can properly be allocated to municipal or miscellaneous water supplies or power and probably be returned to the United States in revenues therefrom; (6) the part of the estimated cost which can properly be allocated to the irrigation of Indian trust and tribal lands, and be repayable in accordance with existing law relating to Indian lands; (7) the part of the estimated cost which can properly be allocated to flood control as recommended by the Secretary after consultation with the Chief of Engineers, Department of the Army. In connection with each such investigation, report, and finding, the Secretary shall consult with the Secretary of Agriculture regarding participation in the proposed project by the Department of Agriculture under the authority of sections 1878 and 1879 of this title; and the Secretary shall also transmit to the President a report by the Secretary of Agriculture on the participation, if any, proposed by the Department of Agriculture. The project shall be deemed authorized and may be undertaken pursuant to this chapter if (1) the Secretary finds and certifies to the Presi dent that the project has engineering feasibility and that the water users probably can repay, in accordance with the requirements of section 1877 of this title, an amount equal to or in excess of that part of the estimated cost allocated by him to irrigation to be met by expenditure of moneys appropriated pursuant to section 1883 of this title; and (2) the President has approved saidreport and findings and has found that services, labor, materials, easements, and other property, including money, for the construction of the project, should be made available to the Department of the Interior by the General Services Administration or other Federal agencies to the extent found necessary by the Secretary to make up the difference between the estimated cost of project construction and (i) the part thereof to be met by expenditure of moneys appropriated pursuant to section 1883 of this title, together with (ii) such services, materials, money, easements, and other property as non-Federal agencies or parties have agreed to contribute and the Secretary has found acceptable under section 1876 of this title. (b) Lands and water rights required No actual construction of the physical features of a project shall be undertaken unless and until the Secretary has found (1) that lands, or interests in lands, deemed necessary for the construction and operation of the major features of the projects have been secured, or sufficient progress made in their procurement to indicate the probability that all these lands or interests in lands can be secured, with titles and at prices satisfactory to him; (2) that water rights adequate for the purposes of the project have been acquired with titles and at prices satisfactory to him, or that such water rights have been initiated and in his judgment can be perfected in conformity with State law and any applicable interstate agreements and in a manner satisfactory to him; and (3) that such water rights can be utilized for the purposes of the project in conformity with State law and any applicable interstate agreements and in a manner satisfactory to him. (c) Designation of divisions Any part of a project hereunder may be designated as a division of the project by the Secretary if he, after consultation with the Secretary of Agriculture, deems this desirable for orderly and efficient construction or administration. (d) Projects authorized by 1940 water conservation appropriation Any project authorized for construction from appropriations under the 1940 water conservation appropriation, may be designated by the Secretary, upon agreement with the Secretary of Agriculture, a project under this chapter and shall thereupon be subject to all the provisions and requirements thereof, except those of subsections (a) and (b) of this section. § 1876. Repayments for money expended In connection with the investigation, construction, or operation and maintenance of a project, pursuant to this chapter, the Secretary may utilize (1) in such manner as the President may direct, services, labor, materials, or other property, including money, supplied by the General Services Administration, the Federal Security Agency, the Bureau of Indian Affairs, the Department of Agriculture, or any other Federal agency, for which the United States shall be reimbursed in such amounts as the President may fix for each project, within the limits of the water users' ability to repay costs as found by the Secre tary under clause (4) of subsection (a) of section 1875 of this title; and (2) such services, labor, materials, easements or property, including money, as may be contributed by any State or political subdivision thereof, State agency, municipal corporation, or other organization, or individuals, if, in the judgment of the Secretary, the acceptance thereof will not impair the title of the United States to the project works and will not reduce the probability that the project water users can meet the obligations to the United States entered into pursuant to this chapter. Moneys received and accepted under (2) of this section shall be and remain available for expenditure for the purposes for which contributed in like manner as if said sums had been specifically appropriated for said purposes. § 1877. Repayment contracts (a) Repayment contracts required No water for irrigation may be delivered from the works of any project constructed under the authority of this chapter until after the repayment contract or contracts required by this section have been executed. Where practicable in the judgment of the Secretary, the repayment contract shall be with a water users' organization or organizations satisfactory in form and powers to the Secretary; and otherwise the repayment contract shall be with the individual land-owners. The contract or contracts shall conform to the requirements of subsection (b) of this section and shall contain such other provisions as the Secretary deems necessary to carry out the purposes of this chapter and to protect the interests of the United States. (b) Terms of repayment contracts The repayment contract or contracts for a project shall, in their aggregate, provide for repayment to the United States of the total amount of the reimbursable construction costs of the project. Each such contract shall provide, among other things, that (1) The Secretary shall fix a development period for each project of not to exceed ten years from and including the first calendar year in which water is delivered for the lands in said project; and during the development period water shall be delivered to the lands in the project involved at a charge per acrefoot, or other charge, to be fixed by the Secretary each year and to be paid in advance of delivery of water. Such charges shall be fixed with a view of returning such amounts as in the Secre |