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43 U.S.C. § 390mmRepayment of construction charges

submitted 44 years ago by Pub. L. 97-293 to r/title-43-PUBLIC-LANDS · 282 words · no verdicts yet

in plain englishAI-generated · not legal advice

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.

(a) Ownership and pricing limitations inapplicable when repayment obligation has been discharged: The ownership limits and full-cost pricing limits of this subchapter — and the ownership limits in any other part of federal reclamation law — stop applying to land in a district once the district's obligation to repay construction costs for the project facilities serving that land has been fully paid off. This can happen through a district's repayment, or through an individual's repayment under a contract that existed on October 12, 1982. Repayment can happen through regular installments over the contract term, including accelerated payments where contracts already allowed for them. (b) Certification of freedom from ownership and pricing limitations: (1) If an owner has finished repaying for their land, the Secretary must give them, on request, a certificate stating the land is free of federal reclamation law's ownership or pricing limits. The certificate must be in a form that can be recorded in the county's land records. (2) Any certificate the Secretary issued before October 12, 1982, saying land was free of the acreage limit, remains valid. (c) Lump sum or accelerated repayment of construction costs: This subchapter does not let owners or districts pay off construction costs in a lump sum or ahead of schedule. The only exception is a repayment contract already in effect on October 12, 1982, that specifically allows lump-sum or accelerated repayment by an individual or district.
the actual law source: uscode.house.gov ↗public domain
(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.

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

history & why it existsrecord from the source credit
  • 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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