§ 422e. Contract requirements

Footnotes

1. 1 So in original. The period probably should be a semicolon.

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 § 5 · 70 Stat. 1020

   Enacted · 43 U.S.C. § 422e

   Aug. 6, 1956, ch. 972, § 5, 70 Stat. 1046

   Source evidence

   Code source credit
   Aug. 6, 1956, ch. 972, § 5, 70 Stat. 1046

2. 1957

   Pub. L. 85–47 § 1(c) · 71 Stat. 48

   Substituted · 43 U.S.C. § 422e

   Pub. L. 85–47 substituted “Upon approval of any project proposal by the Secretary under the provisions of section 422d of this title, he may negotiate a contract which” for “Any contract authorized to be negotiated under the provisions of subsection (c) of section 422d of this title”

   Source evidence

   Code amendment note
   Pub. L. 85–47 substituted “Upon approval of any project proposal by the Secretary under the provisions of section 422d of this title, he may negotiate a contract which” for “Any contract authorized to be negotiated under the provisions of subsection (c) of section 422d of this title”.

3. 1966

   Pub. L. 89–553 § 1(4) · 80 Stat. 371

   1. Substituted · 43 U.S.C. § 422e

      Pub. L. 89–553 substituted the lesser of $6,500,000 or the estimated total cost of the project minus the contribution of the local organization as provided in section 422d(b) of this title and the amount of the grant for the portion of the estimated cost of constructing 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 as the maximum amount of the loan

   2. Struck · 43 U.S.C. § 422e

      Pub. L. 89–553 struck out the time and method of paying a grant to an organization from the list of contract terms

   3. Substituted · 43 U.S.C. § 422e

      Pub. L. 89–553 added factors involving fish and wildlife enhancement and public recreation to the factors adding up to the figure comprising the maximum allowable grant, and altered the requirements of the interest term by substituting 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 for the estimate of the average annual yield to maturity, on the basis of daily closing market bid quotations or prices during the month of May preceding the fiscal year in which the loan is made, on all outstanding marketable obligations of the United States having a maturity date of fifteen or more years from May 1 of the year

   Source evidence

   Code amendment note
   Pub. L. 89–553 substituted the lesser of $6,500,000 or the estimated total cost of the project minus the contribution of the local organization as provided in section 422d(b) of this title and the amount of the grant for the portion of the estimated cost of constructing 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 as the maximum amount of the loan, struck out the time and method of paying a grant to an organization from the list of contract terms, added factors involving fish and wildlife enhancement and public recreation to the factors adding up to the figure comprising the maximum allowable grant, and altered the requirements of the interest term by substituting 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 for the estimate of the average annual yield to maturity, on the basis of daily closing market bid quotations or prices during the month of May preceding the fiscal year in which the loan is made, on all outstanding marketable obligations of the United States having a maturity date of fifteen or more years from May 1 of the year.

   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,”;

4. 1971

   Pub. L. 92–167 § 1(3) · 85 Stat. 488

   Substituted · 43 U.S.C. § 422e(a)(1)

   Pub. L. 92–167, § 1(3), substituted “$10,000,000” for “$6,500,000”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 92–167, § 1(3), substituted “$10,000,000” for “$6,500,000”.

   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.”.

5. 1971

   Pub. L. 92–167 § 1(4) · 85 Stat. 488

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

   Pub. L. 92–167, § 1(4), substituted provision for inclusion of one-half of land acquisition costs to serve exclusively the purposes of fish and wildlife enhancement and public recreation, for prior inclusion of such costs for a reservoir or other area to be operated for fish and wildlife enhancement and public recreation purposes and provided for inclusion of costs of acquiring joint use lands and interests therein properly allocable to fish and wildlife enhancement and public recreation

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 92–167, § 1(4), substituted provision for inclusion of one-half of land acquisition costs to serve exclusively the purposes of fish and wildlife enhancement and public recreation, for prior inclusion of such costs for a reservoir or other area to be operated for fish and wildlife enhancement and public recreation purposes and provided for inclusion of costs of acquiring joint use lands and interests therein properly allocable to fish and wildlife enhancement and public recreation.

   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.”.

6. 1971

   Pub. L. 92–167 § 1(5) · 85 Stat. 488

   Inserted · 43 U.S.C. § 422e(b)(5)

   Pub. L. 92–167, § 1(5), inserted proviso excluding from cost of constructing projects, as used in this subsection, cost of lands and interests in land

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 92–167, § 1(5), inserted proviso excluding from cost of constructing projects, as used in this subsection, cost of lands and interests in land.

   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. 1971

   Pub. L. 92–167 § 1(6) · 85 Stat. 488

   Changed · 43 U.S.C. § 422e(c)(3)

   Pub. L. 92–167, § 1(6), required reimbursable fish and wildlife and recreation costs to be repaid with interest at rate determined by formula set forth in subsec. (c)(2) of this section

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 92–167, § 1(6), required reimbursable fish and wildlife and recreation costs to be repaid with interest at rate determined by formula set forth in subsec. (c)(2) of this section.

   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.”.

8. 1975

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

   Substituted · 43 U.S.C. § 422e(a)(1)

   Pub. L. 94–181 substituted “two-thirds of the maximum allowable estimated total project cost as determined by section 422b(f) of this title,” for “$10,000,000”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 94–181 substituted “two-thirds of the maximum allowable estimated total project cost as determined by section 422b(f) of this title,” for “$10,000,000”.

9. 1980

   Pub. L. 96–336 § 8(b) · 94 Stat. 1063

   Inserted · 43 U.S.C. § 422e(c)

   Pub. L. 96–336 inserted “Except that portion of said allocation attributable to furnishing benefits to a facility operated by an agency of the United States, which portion shall bear no interest;” at end of subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 96–336 inserted “Except that portion of said allocation attributable to furnishing benefits to a facility operated by an agency of the United States, which portion shall bear no interest;” at end of subsec. (c).

   Enacted provision · exact public law section
   (b) Subsection (c) of section 5, as amended, is further amended 43 USC 422e. by adding the following: “Except that portion of said allocation attributable to furnishing benefits to a facility operated by an agency of the United States, which portion shall bear no interest;”.

10. 1982

    Pub. L. 97–293 title II § 223 · 96 Stat. 1261

    Substituted · 43 U.S.C. § 422e(c)(2)

    Pub. L. 97–293 substituted “by a qualified recipient, as such term is defined in section 390bb of this title, in excess of nine hundred and sixty irrigable acres, or by a limited recipient, as such term is defined in section 390bb of this title, in excess of three hundred and twenty irrigable acres” for “by any one owner in excess of one hundred and sixty irrigable acres”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 97–293 substituted “by a qualified recipient, as such term is defined in section 390bb of this title, in excess of nine hundred and sixty irrigable acres, or by a limited recipient, as such term is defined in section 390bb of this title, in excess of three hundred and twenty irrigable acres” for “by any one owner in excess of one hundred and sixty irrigable acres”.

    Enacted provision · exact public law section
    Sec. 223. small reclamation projects act Section 5(c)(2) of the Act of August 6, 1956 (43 U.S.C. 422e), is amended by striking out “by any one owner in excess of one hundred and sixty irrigable acres;” and inserting in lieu thereof “by a qualified recipient, as such term is defined in section 202 of the Reclamation Reform Act of 1982, in excess of nine hundred and sixty irrigable acres, or by a limited recipient, as such term is defined in section 202 of the Reclamation Reform Act of 1982, in excess of three hundred and twenty irrigable acres;”.

11. 1986

    Pub. L. 99–546 § 306 · 100 Stat. 3050

    1. Struck · 43 U.S.C. § 422e(b)

       Pub. L. 99–546, § 306, struck out “and” before “(5)”

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

       Pub. L. 99–546, § 306, substituted “and flood control, which are nonreimbursable under general provisions of law applicable to such projects; and (6) that portion of the estimated cost of constructing the project which is allocable to flood control and which would be nonreimbursable under general provisions of law applicable to projects constructed by the Secretary of the Army.” for “, which are nonreimbursable under general provisions of law applicable to such projects: Provided, That the cost of constructing the project as used in this subsection shall be exclusive of the cost of lands and interests in land;”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–546, § 306, struck out “and” before “(5)” and substituted “and flood control, which are nonreimbursable under general provisions of law applicable to such projects; and (6) that portion of the estimated cost of constructing the project which is allocable to flood control and which would be nonreimbursable under general provisions of law applicable to projects constructed by the Secretary of the Army.” for “, which are nonreimbursable under general provisions of law applicable to such projects: Provided, That the cost of constructing the project as used in this subsection shall be exclusive of the cost of lands and interests in land;”.

    Enacted provision · exact public law section
    Sec. 306. compatibility with crops projects Section 5(b) of the Act is amended by striking everything after the words “joint use facilities properly allocable to fish and wildlife enhancement or public recreation;” and substituting the following in lieu thereof: “(5) that portion of the estimated cost of constructing the project which, if it were constructed as a Federal reclamation project, would be properly allocable to functions, other than recreation and fish and wildlife enhancement and flood control, which are nonreimbursable under general provisions of law applicable to such projects; and (6) that portion of the estimated cost of constructing the project which is allocable to flood control and which would be nonreimbursable under general provisions of law applicable to projects constructed by the Secretary of the Army.”.

    Effective date note
    Amendment by 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. 1986

    Pub. L. 99–546 § 307(a) · 100 Stat. 3050

    Substituted · 43 U.S.C. § 422e(c)(1)

    Pub. L. 99–546, § 307(a), substituted “forty” for “fifty”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 99–546, § 307(a), substituted “forty” for “fifty”.

    Enacted provision · exact public law section
    (a) Section 5(c)(1) of the Act is amended by striking “fifty” and inserting in lieu thereof “forty”.

    Effective date note
    Amendment by 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.

13. 1986

    Pub. L. 99–546 § 307(b) · 100 Stat. 3050

    Amended · 43 U.S.C. § 422e(c)(2)

    Pub. L. 99–546, § 307(b), amended cl. (2) generally. Prior to amendment, cl. (2) read as follows: “interest, as determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the contract 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, on that portion of the loan which is attributable to furnishing irrigation benefits in each particular year to land held in private ownership by a qualified recipient, as such term is defined in section 390bb of this title, in excess of nine hundred and sixty irrigable acres, or by a limited recipient, as such term is defined in section 390bb of this title, in excess of three hundred and twenty irrigable acres; and”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 99–546, § 307(b), amended cl. (2) generally. Prior to amendment, cl. (2) read as follows: “interest, as determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the contract 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, on that portion of the loan which is attributable to furnishing irrigation benefits in each particular year to land held in private ownership by a qualified recipient, as such term is defined in section 390bb of this title, in excess of nine hundred and sixty irrigable acres, or by a limited recipient, as such term is defined in section 390bb of this title, in excess of three hundred and twenty irrigable acres; and”.

    Enacted provision · exact public law section
    (b) Loans.Contracts. Section 5(c)(2) of the Act is amended to read as follows: “interest, as determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the contract is executed, on the basis of the average market yields on outstanding marketable obligations of the United States with remaining periods of maturity comparable to the applicable reimbursement period of the project, adjusted to the nearest one-eighth of 1 percent on the unamortized balance of any portion of the loan— “(A) which is attributable to furnishing irrigation benefits in each particular year to land held in private ownership by a qualified recipient or by a limited recipient, as such terms are 43 USC 390bb. Energy. Fish and fishing. Wildlife. defined in section 202 of the Reclamation Reform Act of 1982, in excess of three hundred and twenty irrigable acres; or, “(B) which is allocated to domestic, industrial, or municipal water supply, commercial power, fish and wildlife enhance-ment, or public recreation except that portion of such allocation attributable to furnishing benefits to a facility operated by an agency of the United States, which portion shall bear no interest.”.

    Effective date note
    Amendment by 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.

14. 1986

    Pub. L. 99–546 § 307(c) · 100 Stat. 3050

    Struck · 43 U.S.C. § 422e(c)(3)

    Pub. L. 99–546, § 307(c), struck out cl. (3) which read as follows: “in the case of any project involving an allocation to domestic, industrial, or municipal water supply, commercial power, fish and wildlife enhancement, or public recreation, interest on the unamortized balance of an appropriate portion of the loan at a rate as determined in (2) above; Except that portion of said allocation attributable to furnishing benefits to a facility operated by an agency of the United States, which portion shall bear no interest;”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 99–546, § 307(c), struck out cl. (3) which read as follows: “in the case of any project involving an allocation to domestic, industrial, or municipal water supply, commercial power, fish and wildlife enhancement, or public recreation, interest on the unamortized balance of an appropriate portion of the loan at a rate as determined in (2) above; Except that portion of said allocation attributable to furnishing benefits to a facility operated by an agency of the United States, which portion shall bear no interest;”.

    Enacted provision · exact public law section
    (c) The remainder of section 5(c) of the Act is stricken in its entirety.

    Effective date note
    Amendment by 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.

14 of 17 references resolved to an enrolled provision · 3 partial