1997 U.S. Code
Title 43 - PUBLIC LANDS
CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 390a - Conditions precedent for construction of dams, reservoir, or water supply

No part of any appropriation shall be available for the initiation of construction under the terms of reclamation law of any dam or reservoir or water supply, or any tunnel, canal or conduit for water, or water distribution system related to such dam or reservoir until the Secretary shall certify to the Congress that an adequate soil survey and land classification has been made and that the lands to be irrigated are susceptible to the production of agricultural crops by means of irrigation or that the successful irrigability of those lands and their susceptibility to sustained production of agricultural crops by means of irrigation has been demonstrated in practice. Such surveys shall include an investigation of soil characteristics which might result in toxic or hazardous irrigation return flows.

(July 31, 1953, ch. 298, title I, 67 Stat. 266; Pub. L. 99–294, §10, May 12, 1986, 100 Stat. 426.)

Reclamation law, referred to in text, probably means act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, 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.

Section is from the Interior Department Appropriation Act, 1954.

Provisions similar to those in this section were contained in the following prior appropriation act: July 9, 1952, ch. 597, title I, 66 Stat. 451.

1986—Pub. L. 99–294 added sentence at end requiring that soil surveys include an investigation of soil characteristics which might result in toxic or hazardous irrigation return flow.

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

This section is referred to in section 620i of this title.