§ 390ww. Administrative provisions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1982

   Pub. L. 97–293 title II § 224 · 96 Stat. 1261

   Enacted · 43 U.S.C. § 390ww

   Pub. L. 97–293, title II, § 224, Oct. 12, 1982, 96 Stat. 1272

   Source evidence

   Code source credit
   Pub. L. 97–293, title II, § 224, Oct. 12, 1982, 96 Stat. 1272

   Enacted provision · exact public law section
   Sec. 224. administrative provisions (a) The provisions of Federal reclamation law shall remain in full force and effect, except to the extent such law is amended by, or is inconsistent with, this title. (b) Nothing in this title shall repeal or amend any existing statutory exemptions from the ownership or pricing limitations of Federal reclamation law. (c) The Secretary may prescribe regulations and shall collect all data necessary to carry out the provisions of this title and other provisions of Federal reclamation law. (d) Section 3 of the Act of July 7, 1970 (43 U.S.C. 425b) is amended by striking the phrase “for a period not to exceed twenty-five years” following the term “project water”. (e) Any nonexcess land which is acquired into excess status pursuant to involuntary foreclosure or similar involuntary process of law, conveyance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), inheritance, or devise, may be sold at its fair market value without regard to any other provision of this title or to section 46 of the Act entitled “An Act to adjust water rights charges, to grant certain relief on the Federal irrigation projects, and for other purposes”, approved May 25, 1926 (43 U.S.C. 423e): Provided, That if the status of mortgaged land changes from nonexcess into excess after the mortgage is recorded and is subsequently acquired by the lender by involuntary foreclosure or similar involuntary process of law, by bona fide conveyance in satisfaction of the mortgage, such land may be sold at its fair market value. (f) The first proviso in the third paragraph of section 1 of the Act of April 4, 1910 (36 Stat. 269, 270), as amended by the Act of August 25 USC 383. 7, 1946 (60 Stat. 866, 867), is hereby repealed.

2. 1987

   Pub. L. 100–203 title V § 5302(a) · 101 Stat. 1330

   Added · 43 U.S.C. § 390ww(g)(i)

   Pub. L. 100–203 added subsecs. (g) to (i)

   Source evidence

   Code amendment note
   Subsecs. (g) to (i). Pub. L. 100–203 added subsecs. (g) to (i).

   Enacted provision · exact public law section
   (a) Audit.— Section 224 of the Reclamation Reform Act of 1982 43 USC 390ww. (Public Law 97–293) is amended by adding the following new subsections after subsection (f): “(g) In addition to any other audit or compliance activities which may otherwise be undertaken, the Secretary of the Interior, or his designee, shall conduct a thorough audit of the compliance with the reclamation law of the United States, specifically including this Act, by legal entities and individuals subject to such law. At a minimum, the Secretary shall complete audits of those legal entities and individuals whose landholdings or operations exceed 960 acres within 3 years. The Secretary shall submit an annual written report Reports. to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs. Such report shall summarize the legal entities and individuals audited, the results of such audits, and the actions taken by the Secretary to correct any instances of noncompliance with the reclamation law. “(h) The provisions of section 205(c) are and have been applicable Contracts. to all recordable contracts executed prior to October 12, 1982, and any decision, rule, or regulation promulgated by the Department of the Interior to the contrary is hereby revoked: Provided, That notwithstanding the provisions of subsection (i), the Secretary shall not seek reimbursement for any amounts due under this subsection or section 205(c) which was due prior to the date of enactment of this subsection. “(i) When the Secretary finds that any individual or legal entity subject to reclamation law, including this Act, has not paid the required amount for irrigation water delivered to a landholding pursuant to reclamation law, including this Act, he shall collect the amount of any underpayment with interest accruing from the date the required payment was due until paid. The interest rate shall be determined by the Secretary of the Treasury on the basis of the weighted average yield of all interest bearing marketable issues sold by the Treasury during the period of underpayment.”.

3. 1994

   Pub. L. 103–437 § 16(a)(3) · 108 Stat. 4581

   Substituted · 43 U.S.C. § 390ww(g)

   Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “House Committee on”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “House Committee on”.

   Enacted provision · exact public law section
   (3) section 224(g) of the Reclamation Reform Act of 1982 (43 U.S.C. 390ww(g)).

4. 1995

   Federal Reports Elimination and Sunset Act of 1995

   Pub. L. 104–66 title I § 1081(d) · 109 Stat. 707

   Struck · 43 U.S.C. § 390ww(g)

   Pub. L. 104–66 struck out at end “The Secretary shall submit an annual written report to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources. Such report shall summarize the legal entities and individuals audited, the results of such audits, and the actions taken by the Secretary to correct any instances of noncompliance with the reclamation law.”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 104–66 struck out at end “The Secretary shall submit an annual written report to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources. Such report shall summarize the legal entities and individuals audited, the results of such audits, and the actions taken by the Secretary to correct any instances of noncompliance with the reclamation law.”

   Enacted provision · exact public law section
   (d) Report on Reclamation Reform Act Compliance.— Section 224(g) of the Reclamation Reform Act of 1982 (43 U.S.C. 390ww(g)) is amended by striking the last 2 sentences.

4 of 4 references resolved to an enrolled provision