Title 43 — Public Lands
Chapter 12 — Reclamation and Irrigation of Lands by Federal Government
§ 485a. Definitions
Statutory text
As used in this subchapter—
The term “Federal reclamation laws” shall mean the Act of (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto.
The term “Secretary” shall mean the Secretary of the Interior.
The term “project” shall mean any reclamation or irrigation project, including incidental features thereof, authorized by the Federal reclamation laws, or constructed by the United States pursuant to said laws, or in connection with which there is a repayment contract executed by the United States, pursuant to said laws, or any project constructed or operated and maintained by the Secretary through the Bureau of Reclamation for the reclamation of arid lands or other purposes.
The term “construction charges” shall mean the amounts of principal obligations payable to the United States under water-right applications, repayment contracts, orders of the Secretary, or other forms of obligation entered into pursuant to the Federal reclamation laws, excepting amounts payable for water rental or power charges, operation and maintenance and other yearly service charges, and excepting also any other operation and maintenance, interest, or other charges which are not covered into the principal sums of the construction accounts of the Bureau of Reclamation.
The term “repayment contract” shall mean any contract providing for payment of construction charges to the United States.
The term “project contract unit” shall mean a project or any substantial area of a project which is covered or is proposed to be covered by a repayment contract. On any project where two or more repayment contracts in part cover the same area and in part different areas, the area covered by each such repayment contract shall be a separate project contract unit. On any project where there are either two or more repayment contracts on a single project contract unit or two or more project contract units, the repayment contracts or project contract units may be merged by agreements in form satisfactory to the Secretary.
The term “organization” shall mean any conservancy district, irrigation district, water users’ association, or other organization, which is organized under State law and which has capacity to enter into contracts with the United States pursuant to the Federal reclamation laws.
The term “division of a project” shall mean any part of a project designated as a division by order of the Secretary or any phase or feature of project operations given a separate designation as a division by order of the Secretary for the purposes of orderly and efficient administration.
The term “development unit” shall mean a part of a project which, for purposes of orderly engineering or reclamation development, is designated as a development unit by order of the Secretary.
The term “irrigation block” shall mean an area of arid or semiarid lands in a project in which, in the judgment of the Secretary, the irrigable lands should be reclaimed and put under irrigation at substantially the same time, and which is designated as an irrigation block by order of the Secretary.
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.
Pub. L. 76–418 § 2 · 53 Stat. 1187
Enacted · 43 U.S.C. § 485a
Aug. 4, 1939, ch. 418, § 2, 53 Stat. 1187
Source evidence
Code source credit
Aug. 4, 1939, ch. 418, § 2, 53 Stat. 1187Enacted provision · exact public law section
Sec. 2. As used in this Act— Definitions. (a) The term “Federal reclamation laws” shall mean the Act of “Federal reclamation laws.” 32 Stat. 388. 43 U. S. C. ch. 12; Supp. IV, ch. 12. June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto. (b) The term “Secretary” shall mean the Secretary of the Interior. “Secretary.” (c) The term “project” shall mean any reclamation or irrigation “Project.” project, including incidental features thereof, authorized by the Federal reclamation laws, or constructed by the United States pursuant to said laws, or in connection with which there is a repayment contract executed by the United States, pursuant to said laws, or any project constructed or operated and maintained by the Secretary through the Bureau of Reclamation for the reclamation of arid lands or other purposes. (d) The term “construction charges” shall mean the amounts of “Construction charges.” principal obligations payable to the United States under water-right applications, repayment contracts, orders of the Secretary, or other forms of obligation entered into pursuant to the Federal reclamation laws, excepting amounts payable for water rental or power charges, operation and maintenance and other yearly service charges, and excepting also any other operation and maintenance, interest, or other charges which are not covered into the principal sums of the construction accounts of the Bureau of Reclamation. (e) The term “repayment contract” shall mean any contract providing “Repayment contract.” for payment of construction charges to the United States. (f) The term “project contract unit” shall mean a project or any “Project contract unit.” substantial area of a project which is covered or is proposed to be covered by a repayment contract. On any project where two or more repayment contracts in part cover the same area and in part different areas, the area covered by each such repayment contract shall be a separate project contract unit. On any project where there are either two or more repayment contracts on a single project contract unit or two or more project contract units, the repayment contracts or project contract units may be merged by agreements in form satisfactory to the Secretary. (g) The term “organization” shall mean any conservancy district, “Organization.” irrigation district, water users’ association, or other organization, which is organized under State law and which has capacity to enter into contracts with the United States pursuant to the Federal reclamation laws. (h) The term “annual returns” shall mean the amount of the “Annual returns.” annual gross crop returns per acre of the area in cultivation within the project contract unit involved; and the term “normal returns” for any year shall mean the weighted average of the annual returns of those ten years, of the thirteen-year period covering said year and the twelve years preceding it, in which the annual returns are the highest. (i) The term “division of a project” shall mean any part of a “Division of a project.” project designated as a division by order of the Secretary or any phase or feature of project operations given a separate designation as a division by order of the Secretary for the purposes of orderly and efficient administration. (j) The term “development unit” shall mean a part of a project “Development unit.” which, for purposes of orderly engineering or reclamation development, is designated as a development unit by order of the Secretary. (k) The term “irrigation block” shall mean an area of arid or “Irrigation block.” semiarid lands in a project in which, in the judgment of the Secretary, the irrigable lands should be reclaimed and put under irrigation at substantially the same time, and which is designated as an irrigation block by order of the Secretary.Pub. L. 85–611 § 3 · 72 Stat. 542
Repealed · 43 U.S.C. § 485a(h)(k)
Pub. L. 85–611 repealed subsec. (h) which defined “annual returns” and “normal returns”
Redesignated · 43 U.S.C. § 485a(h)(k)
Pub. L. 85–611 redesignated subsecs. (i) to (k) as (h) to (j), respectively
Source evidence
Code amendment note
Subsecs. (h) to (k). Pub. L. 85–611 repealed subsec. (h) which defined “annual returns” and “normal returns”, and redesignated subsecs. (i) to (k) as (h) to (j), respectively.Enacted provision · exact public law section
Sec. 3. Section 2, subsection (h), of the Reclamation Project Act Repeals. of 1939 is hereby repealed and the subsections following it are relettered accordingly. Section 4, as amended, of the same Act is hereby repealed. Paragraph (5) of section 9, subsection (d), of the same Act is hereby 43 USC 485a, 485b note. repealed. Section 17, as amended, of the same Act is hereby further amended by substituting the expression “Section 3” for the expression “Sections 3 and 4” where the latter occurs in said section. The Act of March 6, 1952 (66 Stat. 16) is hereby amended by deleting therefrom the figure “4” in the expression “sections 3, 4, and 7 of the Reclamation Project Act of 1939.”
3 of 3 references resolved to an enrolled provision
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original “this Act”, meaning act Aug. 4, 1939, ch. 418, 53 Stat. 1187, known as the Reclamation Project Act of 1939, which enacted this subchapter, sections 375a, 380a, and 387 to 389 of this title and section 16d of former Title 41, Public Contracts, and enacted provision set out as a note under section 485j of this title. For complete classification of this Act to the Code, see section 485k of this title and Tables.
Act of , referred to in subsec. (a), is popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
Amendments
1958—Subsecs. (h) to (k). Pub. L. 85–611 repealed subsec. (h) which defined “annual returns” and “normal returns”, and redesignated subsecs. (i) to (k) as (h) to (j), respectively.
Credits
1939–1958 · 2 acts
- 1939Aug. 4, 1939, ch. 418, § 2, 53 Stat. 1187
- 1958Pub. L. 85–611, § 3, , 72 Stat. 543.
Show as published
(Aug. 4, 1939, ch. 418, § 2, 53 Stat. 1187; Pub. L. 85–611, § 3, , 72 Stat. 543.)