43 CFR 426.16 - Exemptions and exclusions.

§ 426.16 Exemptions and exclusions.

(a)Army Corps of Engineers (Corps) projects.

(1) If Reclamation determines that land receives its agricultural water from a Corps project, Reclamation will exempt that land from specific provisions of Federal reclamation law, including the RRA, unless:

(i) Federal law explicitly designates, integrates, or incorporates that land into a Federal Reclamation project; or

(ii) Reclamation provides project works for the control or conveyance of the agricultural water supply from the Corps project to that land.

(2) Upon such determination, Reclamation will:

(i) Notify the district of its exemption status;

(ii) Require the district's agricultural water users to continue, under contracts made with Reclamation, to repay their share of construction, operation and maintenance, and contract administration costs of the Corps project allocated to conservation or irrigation storage; and

(iii) At the request of the district delete provisions of the district's repayment or water service contract that imposes acreage limitation for those lands served by Corps projects.

(b)Repayment of construction obligations. The acreage limitation provisions do not apply to land in a district after the district has repaid, in accordance with the district's contract with Reclamation, all obligated construction costs for project facilities.

(1) Payments by periodic installments over the contract repayment term, as well as lump-sum and accelerated payments, if allowed by the district's contract with Reclamation, will qualify the district to become exempt.

(2) If a district has a contract with the United States providing for individual landowner repayment of construction charges allocated to land, and the landowner has repaid all obligated construction costs allocated for that landowner's land, that landowner will become exempt from the acreage limitation provisions.

(3) Upon payout Reclamation will:

(i) Notify the district, and individual landowner in cases of individual landowner payout, of the exemption from the acreage limitation provisions;

(ii) Notify the district or individual landowner that the exemption does not relieve the district or individual landowner of the obligation to continue to pay, on an annual basis, O&M costs applicable to the district or landowner;

(iii) Upon request by the owner of land for which repayment has occurred, provide a certificate from Reclamation acknowledging that the land is free of the acreage limitation provisions of Federal reclamation law;

(iv) Except as provided for in § 426.19(e), no longer apply the certification and reporting requirements to the district, if the entire district is exempt, or to exempt landowners as specified in paragraph (b)(2) of this section; and

(v) Consider on a case-by-case basis continuation of the exemption if additional construction funds for the project are requested.

(c)Rehabilitation and Betterment loans. If Reclamation makes a Rehabilitation and Betterment loan (pursuant to the Rehabilitation and Betterment Act of October 7, 1949, as amended, 43 U.S.C. 504) to a project that was authorized under Federal reclamation law prior to the submittal of the loan request, by or for the district, Reclamation:

(1) Considers the loan as a loan for maintenance, including replacements that cannot be financed currently;

(2) Does not consider the loan in determining whether the district has discharged its obligation to repay the construction cost of project facilities used to make irrigation water available for delivery to land in the district; and

(3) Will not allow such a loan to serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of its construction obligation, nor serve as the basis for increasing the construction obligation of the district and thereby extending the period during which acreage limitation provisions will apply.

(d)Temporary supplies of water. If Reclamation announces availability of temporary supplies of water resulting from an unusually large water supply, not otherwise storable for project purposes, or from infrequent and otherwise unmanaged floodflows of short duration a district may request that Reclamation make such supplies available to excess land. However, such water deliveries must not have an adverse effect on other authorized project purposes. Upon approval of the district's request, Reclamation will notify the requesting district of the availability of the temporary supply of water under the following conditions:

(1) The contract for the temporary supply of water will be for 1 year or less in accordance with prior policies and practices;

(2) The acreage limitation provisions will not be applicable to the temporary supply of water;

(3) An applicable price for the water, if any, will be established; and

(4) Such other conditions as Reclamation may include.

(e)Isolated tracts. If a landowner requests that Reclamation determine that portions of his or her owned land are isolated tracts that can be farmed economically only if included in a farming operation that already exceeds the landowners ownership entitlement, and Reclamation makes such a determination, then Reclamation:

(1) Will exempt such land from the ownership limitations of Federal reclamation law; and

(2) Will assess the full-cost rate for any irrigation water delivered to the isolated tract that exceeds the landowner's nonfull-cost entitlement.

(f)Indian trust or restricted lands.

(1) Indian trust or restricted lands are excluded from application of the acreage limitation provisions.

(2) Indian tribes and tribal entities operating on Indian trust or restricted lands are excluded from application of the water conservation provisions.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 16 - CONSERVATION
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 43 - PUBLIC LANDS

§ 390aa - Congressional declaration of purpose; short title

§ 390bb - Definitions

§ 390cc - New or amended contracts

§ 390dd - Limitation on ownership

§ 390ee - Pricing

§ 390ff - Certification of compliance

§ 390gg - Equivalency

§ 390hh - Operation and maintenance charges

§ 390ii - Disposition of excess lands

§ 390jj - Water conservation

§ 390kk - Residency not required

§ 390ll - Corps of Engineers projects

§ 390mm - Repayment of construction charges

§ 390nn - Trusts

§ 390oo - Temporary supplies of water

§ 390pp - Involuntary foreclosure

§ 390qq - Isolated tracts

§ 390rr - Central Arizona Project

§ 390ss - Religious or charitable organizations

§ 390tt - Contract required

§ 390uu - Waiver of sovereign immunity

§ 390vv - Excess crop restrictions

§ 390ww - Administrative provisions

§ 390xx - Validation of contracts entered into prior to October 1, 1981

§ 390yy - Leasing requirements

§ 390zz - Reporting

§ 390zz-1

§ 418 - Private lands within project; agreement as to disposal of excess over farm unit

§ 423 - Permanently unproductive lands; exclusion from project; disposition of water right

§ 423a - Construction charges on permanently unproductive lands already paid; disposition

§ 423b - Suspension of payment of construction charges against areas temporarily unproductive

§ 423c - Exchange of unpatented entries; entries, farms or private lands, eliminated from project; rights not assignable; rights of lienholders; preference to ex-service men

§ 423d - Amendment of existing water right contracts by Secretary of the Interior

§ 423e - Completion of new projects or new division; execution of contract with district as condition precedent to delivery of water; contents of contract; cooperation of States with United States; limitations on sale of land

§ 423f - Purpose of sections 423 to 423g and 610

§ 423g - Adjustment of water right charges as final adjudication on projects and divisions named

§ 423h - Delivery of water to excess lands upon death of spouse

§ 424 - Disposal of lands classified as temporarily or permanently unproductive; persons who may take

§ 424a - Sale of unproductive lands; terms; area purchasable; tracts included

§ 424b - Application of certain statutes to lands sold

§ 424c - Issuance of patents; recitals in patents; reservations

§ 424d - Use of moneys collected from sales, project construction charges and water rentals respecting unproductive lands

§ 424e - Authority of Secretary of the Interior; rules and regulations

§ 425 - Exemption of lands owned by States, etc., from acreage limitation on receipt of irrigation benefits; determination of exempt status

§ 425a - Eligibility of transferred lands owned by States, etc., for receipt of water from a Federal reclamation project, division, or unit; conditions of eligibility; purchase price

§ 425b - Receipt of project water by lessees of irrigable lands owned by States, etc.; time limitation; applicability of acreage limitations

§ 431 - Limitation as to amount of water; qualifications of applicant

§ 434 - Amount of land for which entry may be made; farm unit; subdivision of lands

§ 440 - Regulations as to use of water and requirements as to cultivation and reclamation of land; cancellation for noncompliance with requirements

§ 451 - Conditions necessary for exchange; terms; credits; rights nonassignable

§ 451a - Persons eligible for benefits

§ 451b - Irrigation construction charges

§ 451c - Cancellation of charges or liens; credits

§ 451d - Disposal of improvements; water rights; revertibil­ity of relinquished land

§ 451e - Amendment of farm unit; application; amount of land; exchange; waiver

§ 451f - Exchanges subject to mortgage contracts

§ 451g - Preferences; veterans; timely applicants

§ 451h - Establishment of farm units; size; contiguous or noncontiguous

§ 451i - “Federal irrigation project” defined

§ 451j - Rules and regulations

§ 451k - Availability of appropriations; expenses as nonreimbursable

§ 462 - Classification of irrigable lands and equitable apportionment of charges

§ 485 - Declaration of policy

§ 485a - Definitions

§ 485b - Amendment of existing repayment contracts

§ 485b-1

§ 485c - Repealed. Pub. L. 85–611, § 3, Aug. 8, 1958, 72 Stat. 543

§ 485d - Time of payments to the United States

§ 485e - Maintenance and operation of project works; delinquency penalties

§ 485f - Negotiation of equitable contracts by Secretary

§ 485g - Classification of lands

§ 485h - New projects; sale of water and electric power; lease of power privileges

§ 485h-1

§ 485h-2

§ 485h-3

§ 485h-4

§ 485h-5

§ 485h-6

§ 485h-7

§ 485i - Rules and regulations

§ 485j - Effect on existing laws

§ 485k - Short title

§ 491 - Authority of Secretary to operate works

§ 492 - Operation and maintenance charges generally

§ 493 - Operation charges; date of payment; discount; advance payment

§ 493a - Omitted

§ 494 - Pecuniary penalty for nonpayment of operation charge

§ 495 - Shutting off water for nonpayment of operation charge

§ 496 - Cancellation of entry or water right for nonpayment of operation charge

§ 497 - Action to recover operation charge and penalty

§ 498 - Transfer of management and operation of works to water users generally

§ 499 - Discretionary power to transfer management

§ 499a - Transfer of title to movable property; use of appropriations

§ 499b - Transfer to municipal corporations or other organizations of care, operation, and maintenance of works supplying water for municipal, domestic, or industrial use

§ 500 - Duty of association or district to take over management

§ 501 - Disposition of profits of project taken over by water users

§ 502 - Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law

§ 503 - “Unusual or emergency conditions” defined

§ 504 - Rehabilitation and betterment of Federal reclamation projects, including small reclamation proj­ects; return of costs; interest; definitions; performance of work

§ 505 - Drainage facilities and minor construction in irrigation works; contracts with repayment organizations; limitation on costs; submission of contract to Congress

§ 511 - Authority to contract with irrigation district

§ 512 - Release of Government liens after contract with irrigation districts

§ 513 - Lands in project subject to provisions of chapter; after contract with irrigation district

§ 544 - Limitation as to holdings prior to final payment of charges; forfeiture of excess holding

Public Laws
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