
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC390bb]

 
                         TITLE 43--PUBLIC LANDS
 
  CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
 
                   SUBCHAPTER I-A--RECLAMATION REFORM
 
Sec. 390bb. Definitions

    As used in this subchapter:
        (1) The term ``contract'' means any repayment or water service 
    contract between the United States and a district providing for the 
    payment of construction charges to the United States including 
    normal operation, maintenance, and replacement costs pursuant to 
    Federal reclamation law.
        (2) The term ``district'' means any individual or any legal 
    entity established under State law which has entered into a contract 
    or is eligible to contract with the Secretary for irrigation water.
        (3)(A) The term ``full cost'' means an annual rate as determined 
    by the Secretary that shall amortize the expenditures for 
    construction properly allocable to irrigation facilities in service, 
    including all operation and maintenance deficits funded, less 
    payments, over such periods as may be required under Federal 
    reclamation law or applicable contract provisions, with interest on 
    both accruing from October 12, 1982, on costs outstanding at that 
    date, or from the date incurred in the case of costs arising 
    subsequent to October 12, 1982: Provided, That operation, 
    maintenance, and replacement charges required under Federal 
    reclamation law, including this subchapter, shall be collected in 
    addition to the full cost charge.
        (B) The interest rate used for expenditures made on or before 
    October 12, 1982, 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 fiscal 
    year in which the expenditures by the United States were made, but 
    shall not be less than 7\1/2\ per centum per annum.
        (C) The interest rate used for expenditures made after October 
    12, 1982, shall be determined by the Secretary of the Treasury on 
    the basis of the arithmetic average of--
            (i) the rate as of the beginning of the fiscal year in which 
        expenditures are made 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 the date of issuance; and
            (ii) the weighted average yield on all interest-bearing, 
        marketable issues sold by the Treasury during the fiscal year 
        preceding the fiscal year in which the expenditures are made.

        (4) The term ``individual'' means any natural person, including 
    his or her spouse, and including other dependents thereof within the 
    meaning of the Internal Revenue Code of 1986 (26 U.S.C. 152).
        (5) The term ``irrigation water'' means water made available for 
    agricultural purposes from the operation of reclamation project 
    facilities pursuant to a contract with the Secretary.
        (6) The term ``landholding'' means total irrigable acreage of 
    one or more tracts of land situated in one or more districts owned 
    or operated under a lease which is served with irrigation water 
    pursuant to a contract with the Secretary. In determining the extent 
    of a landholding the Secretary shall add to any landholding held 
    directly by a qualified or limited recipient that portion of any 
    landholding held indirectly by such qualified or limited recipient 
    which benefits that qualified or limited recipient in proportion to 
    that landholding.
        (7) The term ``limited recipient'' means any legal entity 
    established under State or Federal law benefiting more than twenty-
    five natural persons.
        (8) The term ``project'' means any reclamation or irrigation 
    project, including incidental features thereof, authorized by 
    Federal reclamation law, or constructed by the United States 
    pursuant to such law, or in connection with which there is a 
    repayment or water service contract executed by the United States 
    pursuant to such law, or any project constructed by the Secretary 
    through the Bureau of Reclamation for the reclamation of lands.
        (9) The term ``qualified recipient'' means an individual who is 
    a citizen of the United States or a resident alien thereof or any 
    legal entity established under State or Federal law which benefits 
    twenty-five natural persons or less.
        (10) The term ``recordable contract'' means a contract between 
    the Secretary and a landowner in writing capable of being recorded 
    under State law providing for the sale or disposition of lands held 
    in excess of the ownership limitations of Federal reclamation law 
    including this subchapter.
        (11) The term ``Secretary'' means the Secretary of the Interior.

(Pub. L. 97-293, title II, Sec. 202, Oct. 12, 1982, 96 Stat. 1263; Pub. 
L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

                       References in Text

    Federal reclamation law, referred to in pars. (1), (3)(A), (8), and 
(10), is defined in section 390aa of this title.


                               Amendments

    1986--Par. (4). Pub. L. 99-514 substituted ``Internal Revenue Code 
of 1986'' for ``Internal Revenue Code of 1954''.

                  Section Referred to in Other Sections

    This section is referred to in sections 390cc, 390ee, 422e, 2212 of 
this title; title 26 section 90.
