§ 422d. Contents of proposals

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. 1956

   Pub. L. 84–972 § 4 · 70 Stat. 1020

   Enacted · 43 U.S.C. § 422d

   Aug. 6, 1956, ch. 972, § 4, 70 Stat. 1044

   Source evidence

   Code source credit
   Aug. 6, 1956, ch. 972, § 4, 70 Stat. 1044

2. 1957

   Pub. L. 85–47 § 1(a) · 71 Stat. 48

   Struck · 43 U.S.C. § 422d(c)

   Pub. L. 85–47, § 1(a), changed language generally, and struck out 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

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 85–47, § 1(a), changed language generally, and struck out 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.

3. 1957

   Pub. L. 85–47 § 1(b) · 71 Stat. 48

   1. Added · 43 U.S.C. § 422d(d); 43 U.S.C. § 422d(e)

      Pub. L. 85–47, § 1(b), added subsec. (d)

   2. Redesignated · 43 U.S.C. § 422d(d); 43 U.S.C. § 422d(e)

      Pub. L. 85–47, § 1(b), redesignated former subsec. (d) as (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 85–47, § 1(b), added subsec. (d) and redesignated former subsec. (d) as (e).

4. 1966

   Pub. L. 89–553 § 1(2) · 80 Stat. 371

   Changed · 43 U.S.C. § 422d(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) In section 2, by striking out the second sentence of subsection (d) and the first two provisos thereto and inserting in lieu thereof the following: “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:” and by striking out “And provided further,” and inserting in lieu thereof “Provided,”;

5. 1966

   Pub. L. 89–553 § 1(3) · 80 Stat. 371

   1. Substituted · 43 U.S.C. § 422d(b)

      Pub. L. 89–553, § 1(3), substituted “cost of the project” for “cost of construction” in provision requiring that the organization be ready, able, and willing to finance by other than loan or grant whatever costs the Secretary advises

   2. Inserted · 43 U.S.C. § 422d(b)

      Pub. L. 89–553, § 1(3), 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

   3. Struck · 43 U.S.C. § 422d(b)

      Pub. L. 89–553, § 1(3), 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

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–553, § 1(3), substituted “cost of the project” for “cost of construction” in 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.

   Enacted provision · exact public law section
   (1) In section 2, by striking out the second sentence of subsection (d) and the first two provisos thereto and inserting in lieu thereof the following: “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:” and by striking out “And provided further,” and inserting in lieu thereof “Provided,”;

6. 1971

   Pub. L. 92–167 § 1(2) · 85 Stat. 488

   Substituted · 43 U.S.C. § 422d(e)

   Pub. L. 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”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 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”.

   Enacted provision · exact public law section
   (1) Subsection (d) of section 2 of such Act is amended to read as follows: “(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 Limitation. 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 this Act 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 defined.”.

7. 1975

   Pub. L. 94–181 § 1(c) · 89 Stat. 1049

   Redesignated · 43 U.S.C. § 422d(d)

   Pub. L. 94–181, § 1(c), (d), added subsec. (d). Former subsec. (d) redesignated (e)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 94–181, § 1(c), (d), added subsec. (d). Former subsec. (d) redesignated (e).

8. 1975

   Pub. L. 94–181 § 1(d) · 89 Stat. 1049

   1. Redesignated · 43 U.S.C. § 422d(e); 43 U.S.C. § 422d(f)

      Pub. L. 94–181, § 1(d), (e), redesignated former subsec. (d) as (e)

   2. Substituted · 43 U.S.C. § 422d(e); 43 U.S.C. § 422d(f)

      Pub. L. 94–181, § 1(d), (e), substituted “(e)” for “(d)”

   3. Redesignated · 43 U.S.C. § 422d(e); 43 U.S.C. § 422d(f)

      Pub. L. 94–181, § 1(d), (e), redesignated former subsec. (e) as (f)

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 94–181, § 1(d), (e), redesignated former subsec. (d) as (e), substituted “(e)” for “(d)”, and redesignated former subsec. (e) as (f).

9. 1986

   Pub. L. 99–546 § 304(a) · 100 Stat. 3050

   1. Amended · 43 U.S.C. § 422d(b)(1)

      Pub. L. 99–546, § 304(a), designated existing provisions as par. (1)

   2. Substituted · 43 U.S.C. § 422d(b)(1)

      Pub. L. 99–546, § 304(a), substituted “grant of Federal funds” for “grant under this subchapter”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 99–546, § 304(a), designated existing provisions as par. (1) and substituted “grant of Federal funds” for “grant under this subchapter”.

   Enacted provision · exact public law section
   (a) Section 4(b) of the Act is amended by inserting “(1)” Loans. Grants. 43 USC 422d. after (b) and by striking “by loan and grant under this Act” and inserting in lieu thereof “by loan and grant of Federal funds”.

   Effective date note
   Amendment by sections 304(a) and 305 of Pub. L. 99–546 applicable to all proposals for which final applications are received by Secretary after Jan. 1, 1986, and amendment by section 304(b) of Pub. L. 99–546 applicable to all proposals for which draft applications are received by Secretary after Aug. 15, 1986, see section 310 of Pub. L. 99–546, set out as a note under section 422a of this title.

10. 1986

    Pub. L. 99–546 § 304(b) · 100 Stat. 3050

    Added · 43 U.S.C. § 422d(b)(2)

    Pub. L. 99–546, § 304(b), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 99–546, § 304(b), added par. (2).

    Enacted provision · exact public law section
    (b) Section 4(b) of the Act is amended by adding the following new Gifts and property. paragraph at the end thereof: “(2) The Secretary shall require each organization to contribute toward the cost of the project (other than by loan and/or grant of Federal funds) an amount equal to 25 percent or more of the allowable estimated cost of the project: Provided, That the Secretary, at his discretion, may reduce the amount of such contribution to the extent that he determines that the organization is unable to secure financing from other sources under reasonable terms and conditions, and shall include letters from lenders or other written evidence in support of any funding of an applicant’s inability to secure such financing in any project proposal transmitted to the Congress: Provided further. That under no circumstances shall the Secretary reduce the amount of such contribution to less than 10 percent of the allowable estimated total project costs. In determining the amount of the contribution as required by this paragraph, the Secretary shall credit toward that amount the cost of investigations, surveys, engineering, and other services necessary to the preparation of proposals and plans for the project as required by the Secretary, and the costs of lands and rights-of-way required for the Ante, p. 3053. project, and the $5,000 fee described in section 3 of this Act. In determining the allowable estimated cost of the project, the Secretary shall not include the amount of grants accorded to the Infra. organization under section 5(b).”.

    Effective date note
    Amendment by sections 304(a) and 305 of Pub. L. 99–546 applicable to all proposals for which final applications are received by Secretary after Jan. 1, 1986, and amendment by section 304(b) of Pub. L. 99–546 applicable to all proposals for which draft applications are received by Secretary after Aug. 15, 1986, see section 310 of Pub. L. 99–546, set out as a note under section 422a of this title.

11. 1986

    Pub. L. 99–546 § 305 · 100 Stat. 3050

    Inserted · 43 U.S.C. § 422d(c)

    Pub. L. 99–546, § 305, inserted provisions which required certification by Secretary relating to soil survey, land classification, or successful irrigability, and investigation of soil for toxic or hazardous irrigation return flows

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–546, § 305, inserted provisions which required certification by Secretary relating to soil survey, land classification, or successful irrigability, and investigation of soil for toxic or hazardous irrigation return flows.

    Enacted provision · exact public law section
    Sec. 305. soil survey Section 4(c) of the Act is amended by inserting the following after the first sentence: “Each project proposal transmitted by the Secretary to the Congress shall include a certification by the Secretary that an adequate soil survey and land classification has been made, or that the successful irrigability of those lands and their susceptibility to sustained production of agricultural crops by means of irrigation has been demonstrated in practice. Such proposal shall also include an investigation of soil characteristics which might result in toxic or hazardous irrigation return flows.”.

    Effective date note
    Amendment by sections 304(a) and 305 of Pub. L. 99–546 applicable to all proposals for which final applications are received by Secretary after Jan. 1, 1986, and amendment by section 304(b) of Pub. L. 99–546 applicable to all proposals for which draft applications are received by Secretary after Aug. 15, 1986, see section 310 of Pub. L. 99–546, set out as a note under section 422a of this title.

12. 1994

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

    Substituted · 43 U.S.C. § 422d(e)

    Pub. L. 103–437 substituted “Committee on Natural Resources of the House of Representatives nor the Committee on Energy and Natural Resources of the Senate” for “House nor the Senate Interior and Insular Affairs Committee”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–437 substituted “Committee on Natural Resources of the House of Representatives nor the Committee on Energy and Natural Resources of the Senate” for “House nor the Senate Interior and Insular Affairs Committee”.

    Enacted provision · exact public law section
    (b) Section 4(e) of the Small Reclamation Projects Act of 1956 (43 U.S.C. 422d(e)) is amended by striking “House nor the Senate Interior and Insular Affairs Committee” and substituting “Committee on Natural Resources of the House of Representatives nor the Committee on Energy and Natural Resources of the Senate”.

10 of 18 references resolved to an enrolled provision · 8 partial