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Title 43 — Public Lands

Chapter 12 — Reclamation and Irrigation of Lands by Federal Government

§ 422j. Appropriations; notice to Congress of receipt of proposal; funds to initiate proposal; availability of appropriations; reimbursement; limitations on expenditures in any single State; waiver

Statutory text

There are authorized to be appropriated, such sums as may be necessary, but not to exceed $600,000,000, to carry out the provisions of this subchapter and, effective , not to exceed an additional $600,000,000: Provided, That the Secretary shall advise the Congress promptly on the receipt of each proposal referred to in section 422c of this title, and no contract shall become effective until appropriated funds are available to initiate the specific proposal covered by each contract. All such appropriations shall remain available until expended and shall, insofar as they are used to finance loans made under this subchapter, be reimbursable in the manner hereinabove provided. Not more than 20 percent of the total amount of additional funds authorized to be appropriated effective , for loans and grants pursuant to this subchapter shall be for projects in any single State: Provided, That beginning five years after , the Secretary is authorized to waive the 20 percent limitation for loans and grants which meet the purposes set forth in section 422a of this title: Provided further, That the decision of the Secretary to waive the limitation shall be submitted to the Congress together with the project proposal pursuant to section 422d(c) of this title and shall become effective only if the Congress has not, within 60 legislative days, passed a joint resolution of disapproval for such a waiver.

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. Pub. L. 84–972 § 10 · 70 Stat. 1020

    Enacted · 43 U.S.C. § 422j

    Aug. 6, 1956, ch. 972, § 10, 70 Stat. 1047

    Source evidence

    Code source credit
    Aug. 6, 1956, ch. 972, § 10, 70 Stat. 1047

  2. Pub. L. 89–553 § 1(6) · 80 Stat. 371

    Substituted · 43 U.S.C. § 422j

    Pub. L. 89–553 substituted “$200,000,000” for “$100,000,000”

    Source evidence

    Code amendment note
    Pub. L. 89–553 substituted “$200,000,000” for “$100,000,000”.

    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,”;

  3. Pub. L. 92–167 § 1(7) · 85 Stat. 488

    Substituted · 43 U.S.C. § 422j

    Pub. L. 92–167 substituted “$300,000,000” for “$200,000,000”

    Source evidence

    Code amendment note
    Pub. L. 92–167 substituted “$300,000,000” for “$200,000,000”.

    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.”.

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

    Substituted · 43 U.S.C. § 422j

    Pub. L. 94–181 substituted “$400,000,000” for “$300,000,000”

    Source evidence

    Code amendment note
    Pub. L. 94–181 substituted “$400,000,000” for “$300,000,000”.

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

    Substituted · 43 U.S.C. § 422j

    Pub. L. 96–336 substituted “$600,000,000” for “$400,000,000”

    Source evidence

    Code amendment note
    Pub. L. 96–336 substituted “$600,000,000” for “$400,000,000”.

    Enacted provision · exact public law section
    (a) Effective October 1, 1980, section 10, as amended, is further Appropriation authorization. 43 USC 422j. amended by deleting “$400,000,000” and inserting in lieu thereof the amount of “$600,000,000”.

    Effective date note
    Pub. L. 96–336, § 8(a), Sept. 4, 1980, 94 Stat. 1065, provided that the amendment made by section 8(a) is effective Oct. 1, 1980.

  6. Pub. L. 99–546 title III § 309 · 100 Stat. 3050

    1. Inserted · 43 U.S.C. § 422j

      Pub. L. 99–546 inserted “and effective October 1, 1986, not to exceed an additional $600,000,000”

    2. Inserted · 43 U.S.C. § 422j

      Pub. L. 99–546 inserted provisions at end limiting allocation for projects in any single State to 20 percent of additional funds authorized to be appropriated effective Oct. 1, 1986, authorizing waiver of that limitation, and requiring submission of waiver decision to Congress

    Source evidence

    Code amendment note
    Pub. L. 99–546 inserted “and effective October 1, 1986, not to exceed an additional $600,000,000” and inserted provisions at end limiting allocation for projects in any single State to 20 percent of additional funds authorized to be appropriated effective Oct. 1, 1986, authorizing waiver of that limitation, and requiring submission of waiver decision to Congress.

    Enacted provision · exact public law section
    Sec. 309. authorization and limitation (a) Section 10 of the Act is amended in the first sentence Effective date. 43 USC 422j. by inserting before “; Provided“ “and, effective October 1, 1986, not to exceed an additional $600,000,000”. (b) Section 10 of the Act is further amended by adding at the end Loans. Grants. thereof the following: “Not more them 20 percent of the total amount of additional funds authorized to be appropriated effective October 1, 1986, for loans and grants pursuant to this Act shall be for projects in any single State: Provided, That beginning five years after the date of enactment of this Act, the Secretary is authorized to waive the 20 percent limitation for loans and grants which meet the purposes set forth in section 1 of this Act: Provided further, That Ante, p. 3053. the decision of the Secretary to waive the limitation shall be submitted to the Congress together with the project proposal pursuant to section 4(c) of this Act and shall become effective only if the Ante, p. 3054. Congress has not, within 60 legislative days, passed a joint resolution of disapproval for such a waiver.”.

5 of 7 references resolved to an enrolled provision · 2 partial

Editorial Notes

Codification

“,” substituted in text for “the date of enactment of this Act”, meaning the date of enactment of Pub. L. 99–546, which amended this section, rather than , the date of enactment of this section, as the probable intent of Congress.

Amendments1966–1986 · 5 rounds

1986

Pub. L. 99–546 inserted “and effective , not to exceed an additional $600,000,000” and inserted provisions at end limiting allocation for projects in any single State to 20 percent of additional funds authorized to be appropriated effective , authorizing waiver of that limitation, and requiring submission of waiver decision to Congress.

1980

Pub. L. 96–336 substituted “$600,000,000” for “$400,000,000”.

1975

Pub. L. 94–181 substituted “$400,000,000” for “$300,000,000”.

1971

Pub. L. 92–167 substituted “$300,000,000” for “$200,000,000”.

1966

Pub. L. 89–553 substituted “$200,000,000” for “$100,000,000”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–336, § 8(a), , 94 Stat. 1065, provided that the amendment made by section 8(a) is effective .

Credits

1956–1986 · 6 acts
  1. 1956Aug. 6, 1956, ch. 972, § 10, 70 Stat. 1047
  2. 1966Pub. L. 89–553, § 1(6), , 80 Stat. 377
  3. 1971Pub. L. 92–167, § 1(7), , 85 Stat. 488
  4. 1975Pub. L. 94–181, § 1(g), , 89 Stat. 1050
  5. 1980Pub. L. 96–336, § 8(a), , 94 Stat. 1065
  6. 1986Pub. L. 99–546, title III, § 309, , 100 Stat. 3055.
Show as published

(Aug. 6, 1956, ch. 972, § 10, 70 Stat. 1047; Pub. L. 89–553, § 1(6), , 80 Stat. 377; Pub. L. 92–167, § 1(7), , 85 Stat. 488; Pub. L. 94–181, § 1(g), , 89 Stat. 1050; Pub. L. 96–336, § 8(a), , 94 Stat. 1065; Pub. L. 99–546, title III, § 309, , 100 Stat. 3055.)

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