republic-os/legal/us/code/title-43/chapter-12/section-390h-13.md

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LegalText	43 U.S.C. § 390h–13	Authorization of appropriations	us	united_states_code	code_section	43	PUBLIC LANDS	12	RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT	390h–13	43 U.S.C. § 390h–13	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc43@119-100.zip	/us/usc/t43/s390h–13	data/legal/raw/us/code/title-43/usc43.xml	31ad12f7e3001b45c1b4ac5dd3c1b95417f76ebc7acd151588f02a24f1deb15d	d46a16361aa9d10bbc4b27ea0561882d240801c965a2700a4b7cf5f02f552a5f	66273bee2375ee5921052ba7812b294f225338009e3146e87ded083ab1722a84	2026-07-04	official	legal us-code

43 U.S.C. § 390h–13 - Authorization of appropriations

Text

(a) In general There are authorized to be appropriated such sums as may be necessary to carry out the purposes and provisions of sections 390h through 390h–12p of this title.

(b) Prerequisite cost-sharing agreement (1) Funds may not be appropriated for the construction of any project authorized by sections 390h to 390h–39 of this title until after—

(A) an appraisal investigation and a feasibility study that complies with the provisions of sections 390h–1(b) or 390h–2(c) of this title, as the case may be, have been completed by the Secretary or the non-Federal project sponsor;

(B) the Secretary has determined that the non-Federal project sponsor is financially capable of funding the non-Federal share of the project’s costs; and

(C) the Secretary has approved a cost-sharing agreement with the non-Federal project sponsor which commits the non-Federal project sponsor to funding its proportionate share of the project’s construction costs on an annual basis.

(2) The requirements of paragraph (1) shall not apply to those projects authorized by sections 390h to 390h–39 of this title for which funds were appropriated prior to January 1, 1996.

(c) Congressional notification The Secretary shall notify the Committees on Resources and Appropriations of the House of Representatives and the Committees on Energy and Natural Resources and Appropriations of the Senate within 30 days after the signing of a cost-sharing agreement pursuant to subsection (b) that such an agreement has been signed and that the Secretary has determined that the non-Federal project sponsor is financially capable of funding the project’s non-Federal share of the project’s costs.

(d) Ceiling on Federal share (1) Notwithstanding any other provision of sections 390h to 390h–39 of this title and except as provided by paragraph (2), the Federal share of the costs of each of the individual projects authorized by sections 390h to 390h–39 of this title shall not exceed $20,000,000 (October 1996 prices).

(2) (A) Subject to subparagraph (B), in the case of any project authorized by sections 390h to 390h–39 of this title for which construction funds were appropriated before January 1, 1996, the Federal share of the cost of such project may not exceed the amount specified as the “total Federal obligation” for that project in the budget justification made by the Bureau of Reclamation for fiscal year 1997, as contained in part 3 of the report of the hearing held on March 27, 1996, before the Subcommittee on Energy and Water Development of the Committee on Appropriations of the House of Representatives.

(B) In the case of the San Gabriel Basin demonstration project authorized by section 390h–12 of this title, the Federal share of the cost of such project may not exceed the sum determined by adding—

(i) the amount that applies to that project under subparagraph (A); and

(ii) $6,500,000.

(Pub. L. 102–575, title XVI, § 1631, formerly § 1615, Oct. 30, 1992, 106 Stat. 4668; renumbered § 1631 and amended Pub. L. 104–266, §§ 2(a)(1), (b)(1), 7, Oct. 9, 1996, 110 Stat. 3290, 3294, 3296; Pub. L. 108–418, § 1, Nov. 30, 2004, 118 Stat. 2340.)

Notes

Editorial Notes

References in TextSections 390h through 390h–12p of this title, referred to in subsec. (a), was in the original “sections 1601 through 1630 of this title” meaning sections 1601 through 1630 of title XVI of Pub. L. 102–575, which are classified to sections 390h to 390h–12p of this title and provisions set out as a note under section 390h of this title.

Amendments2004—Subsec. (d)(2). Pub. L. 108–418 designated existing provisions as subpar. (A), substituted “Subject to subparagraph (B), in the case” for “In the case”, and added subpar. (B). 1996—Pub. L. 104–266 designated existing provisions as subsec. (a), substituted “300h–12p” for “300h–12”, and added subsecs. (b) to (d).

Statutory Notes and Related Subsidiaries

Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.