43 U.S.C. § 390mm — Repayment of construction charges

FEDERAL · 43 U.S.C. · Chapter 12

Repayment of construction charges

Current through Pub. L. 119-102

Title 43 — Public Lands·Ch. 12 — RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT·Subch. I

(a)Ownership and pricing limitations inapplicable when repayment obligation has been discharged The ownership and full cost pricing limitations of this subchapter and the ownership limitations provided in any other provision of Federal reclamation law shall not apply to lands in a district after the obligation of a district for the repayment of the construction costs of the project facilities used to make project water available for delivery to such lands shall have been discharged by a district (or by a person within the district pursuant to a contract existing on October 12, 1982), by payment of periodic installments throughout a specified contract term, including individual or district accelerated payments where so provided in contracts existing on October 12, 1982.

(b)Certification o

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(a) Ownership and pricing limitations inapplicable when repayment obligation has been discharged
The ownership and full cost pricing limitations of this subchapter and the ownership limitations provided in any other provision of Federal reclamation law shall not apply to lands in a district after the obligation of a district for the repayment of the construction costs of the project facilities used to make project water available for delivery to such lands shall have been discharged by a district (or by a person within the district pursuant to a contract existing on October 12, 1982), by payment of periodic installments throughout a specified contract term, including individual or district accelerated payments where so provided in contracts existing on October 12, 1982.
(b) Certification of freedom from ownership and pricing limitations
(1) The Secretary shall provide, upon request of any owner of a landholding for which repayment has occurred, a certificate acknowledging that the landholding is free of the ownership or full cost pricing limitation of Federal reclamation law. Such certificate shall be in a form suitable for entry in the land records of the county in which such landholding is located.
(2) Any certificate issued by the Secretary prior to October 12, 1982, acknowledging that the landholding is free of the acreage limitation of Federal reclamation law is hereby ratified.
(c) Lump sum or accelerated repayment of construction costs
Nothing in this subchapter shall be construed as authorizing or permitting lump sum or accelerated repayment of construction costs, except in the case of a repayment contract which is in effect upon October 12, 1982, and which provides for such lump sum or accelerated repayment by an individual or district.

43 U.S.C. § 390mm (Repayment of construction charges) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Pub. L. 97–293, title II, §213, Oct. 12, 1982, 96 Stat. 1269.)

Editorial Notes

Editorial Notes

References in Text
Federal reclamation law, referred to in subsecs. (a) and (b), is defined in section 390aa of this title.