ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

43 U.S.C. § 421cConditions of loan for distribution and drainage systems; reconveyance by Secretary of lands, interests in lands, and distribution works heretofore conveyed to the United States; conditions of reconveyance; rights of way

submitted 71 years ago by ch. 271 to r/title-43-PUBLIC-LANDS · 394 words · no verdicts yet

in plain englishAI-generated · not legal advice

Borrowers must contribute up to 10% of the construction cost, use sound engineering, and account for spending. The Secretary can reconvey land or facilities back to the borrower under certain conditions. Agencies can let borrowers use some federal land, but not park, monument, or wildlife land.

As a condition of any loan, the Secretary must require the borrower to contribute money, materials, labor, land, or land rights — valued fairly — equal to up to 10% of the construction cost (including the cost of acquiring land). The Secretary must also require that the system's design follow sound engineering practice and actually achieve the purpose it was built for, and that the borrower fully account for how it spends the loan money and immediately return any unspent funds to pay down the loan. Every organization that agrees to repay a loan under sections 421a to 421h must operate and maintain its distribution and drainage system according to reasonable contract terms set to protect the United States. The Secretary can transfer back to borrowers any land, land rights, or distribution works that were earlier given to the United States under sections 421a to 421h — but only if the borrower's repayment contract is updated with whatever terms the Secretary thinks are needed to guarantee the loan gets repaid. If federal land under another department or agency's control is reasonably needed to build, run, or maintain these distribution and drainage works, the head of that department or agency can give the borrower (or a prospective borrower) revocable permission to use it — the same way permission can be given under several other listed land-use laws. But this permission cannot be granted for land being managed for a national park, national monument, or wildlife purposes.
the actual law source: uscode.house.gov ↗public domain

The Secretary shall require, as conditions to any such loan, that the borrower contribute in money or materials, labor, lands, or interests in land, computed at their reasonable value, a portion not in excess of 10 per centum, of the construction cost of the distribution and drainage system (including all costs of acquiring lands and interests in land), that the plans for the system be in accord with sound engineering practices and be such as will achieve the purposes for which the system was authorized, and that the borrower agree to account in full in regard to all disbursements of borrowed funds and to return at once for application toward amortization of the loan all funds which are not expended in the construction of the distribution and drainage system. Every organization contracting for repayment of a loan under sections 421a to 421h of this title shall operate and maintain its distribution and drainage works in conformity with reasonable contractual requirements determined to be appropriate for the protection of the United States. The Secretary is hereby authorized to reconvey to borrowers all lands or interests in lands and distribution works transferred to the United States under the provisions of sections 421a to 421h of this title: Provided, That any reconveyance shall be upon the condition that the repayment contract of the borrower be amended to include such provisions as the Secretary shall deem necessary or proper to provide assurance of and security for prompt repayment of the loan. The head of any department or agency of the Government within whose administrative jurisdiction are lands owned by the United States the use of which is reasonably necessary for the construction, operation, and maintenance of distribution and drainage works under sections 421a to 421h of this title may grant to a borrower or prospective borrower under sections 421a to 421h of this title revocable permission for the use thereof in like manner as under sections 79 1 and 524 of title 16, sections 323 to 328 of title 25, section 8124 of title 38, or sections 931a to 931d, 946 to 950, 956, and 959 1 of this title, or any other similar Act which is applicable to the lands involved: Provided, That no such permission shall be granted in the case of lands being administered for national park, national monument, or wildlife purposes.

Source credit: (July 4, 1955, ch. 271, § 3, 69 Stat. 245; May 14, 1956, ch. 268, 70 Stat. 155; Pub. L. 92–487, Oct. 13, 1972, 86 Stat. 804; Pub. L. 102–40, title IV, § 402(d)(2), May 7, 1991, 105 Stat. 239.)

history & why it existsrecord from the source credit
  • 1955Enacted · Act of July 4, 1955, ch. 271 · 69 Stat. 245
  • 1956Amended · Act of May 14, 1956, ch. 268 · 70 Stat. 155
  • 1972Amended · Pub. L. 92-487 · 86 Stat. 804
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 239

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

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case