43 U.S.C. § 390mm — Repayment of construction charges
submitted 44 years ago by Pub. L. 97-293 to r/title-43-PUBLIC-LANDS · 282 words · no verdicts yet
A district can pay off its share of construction costs over time. Once fully repaid, federal ownership and pricing limits stop applying to that land. Owners who finish repaying can get a certificate proving it. Lump-sum repayment is normally barred, except under contracts already in effect on October 12, 1982.
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.
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.
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.
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.
Source credit: (Pub. L. 97–293, title II, § 213, Oct. 12, 1982, 96 Stat. 1269.)
- 1982Enacted · Pub. L. 97-293 · 96 Stat. 1269
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-293 on 1982-10-12.
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