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43 U.S.C. § 421bLoans for construction of distribution and drainage systems; repayment contract; time period for repayment of loan; “irrigation district or other public agency” defined

submitted 71 years ago by ch. 271 to r/title-43-PUBLIC-LANDS · 304 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can lend money to help build distribution and drainage systems. A loan is approved only if it can be repaid and the district has the needed land. Repayment contracts can run up to forty years, plus a ten-year development period.

To help pay for local distribution and drainage systems, the Secretary can lend money — on request — to irrigation districts or other public agencies. The loan can be up to the estimated cost of building the system, but only if the Secretary finds the loan can be repaid under the general repayment rules in sections 485a(d) and 485h(d) of this title, and only if the district or agency already has, or can get, all the land and land rights needed to build, run, and maintain the project (except land the United States controls and can hand over itself). Once a loan is approved — including loans for systems getting water from the San Luis unit of the Central Valley project, authorized by the Act of June 3, 1960 — the Secretary must sign a repayment contract. That contract must include whatever terms the Secretary thinks are needed to make sure the loan is repaid within 40 years, plus up to a 10-year development period before repayment starts. For these sections (421a to 421h), "irrigation district or other public agency" means any conservancy district, irrigation district, water users' organization, or similar organization that is organized under state law and can legally contract with the United States under federal reclamation law.
the actual law source: uscode.house.gov ↗public domain

To assist financially in the construction of the aforesaid local distribution and drainage systems by irrigation districts and other public agencies the Secretary is authorized, on application therefor by such irrigation districts or other public agencies, to make funds available on a loan basis from moneys appropriated for the construction of such distribution and drainage systems to any irrigation district or other public agency in an amount equal to the estimated construction cost of such system, contingent upon a finding by the Secretary that the loan can be returned to the United States in accordance with the general repayment provisions of sections 485a(d) and 485h(d) of this title and upon a showing that such district or agency already holds or can acquire all lands and interests in land (except public and other lands or interests in land owned by the United States which are within the administrative jurisdiction of the Secretary and subject to disposition by him) necessary for the construction, operation, and maintenance of the project. The Secretary shall, upon approval of a loan, including any loan for a distribution and drainage system receiving water from the San Luis unit, Central Valley project, authorized by the Act of June 3, 1960 (74 Stat. 156), enter into a repayment contract which includes such provisions as the Secretary shall deem necessary and proper to provide assurance of prompt repayment of the loan within not to exceed forty years plus a development period not to exceed ten years. The term “irrigation district or other public agency” shall for the purposes of sections 421a to 421h of this title mean any conservancy district, irrigation district, water users’ organization, or other organization, which is organized under State law and which has capacity to enter into contracts with the United States pursuant to the Federal reclamation laws.

Source credit: (July 4, 1955, ch. 271, § 2, 69 Stat. 245; Pub. L. 92–487, Oct. 13, 1972, 86 Stat. 804.)

history & why it existsrecord from the source credit
  • 1955Enacted · Act of July 4, 1955, ch. 271 · 69 Stat. 245
  • 1972Amended · Pub. L. 92-487 · 86 Stat. 804

A history note hasn’t been published yet. The record shows enactment by ch. 271 on 1955-07-04.

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