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43 U.S.C. § 423bSuspension of payment of construction charges against areas temporarily unproductive

submitted 100 years ago by ch. 383 to r/title-43-PUBLIC-LANDS · 275 words · no verdicts yet

in plain englishAI-generated · not legal advice

Construction charges on temporarily unproductive irrigation land stay paused until the Secretary of the Interior decides the land is productive enough to pay. Owners can still get water if they pay the usual operation and maintenance charges. If land turns out permanently unproductive, its charges are written off as a loss instead of refunded.

Land the Secretary of the Interior classifies as temporarily unproductive doesn't have to pay construction charges. Those charges stay suspended until the Secretary decides the land is productive enough to be moved into the regular paying class. At that point, payment resumes or begins. Any payments landowners do make on these areas get credited against the unpaid construction charge balance for the productive land in that same unit. This crediting rule applies starting April 23, 1930, and it doesn't require redoing account adjustments that were already made before that date under the earlier version of this section. While land stays classified as temporarily unproductive, and its construction charges stay suspended, the owner can still get irrigation water — but only by paying the usual operation and maintenance charges, or other charges the Secretary sets, possibly paid in advance if the Secretary requires it. If the Secretary later finds that land classified as temporarily unproductive is actually permanently unproductive, its charges get written off entirely as a loss to the reclamation fund, and the land is then treated like other permanently unproductive land under sections 423 through 423g and 610. The one difference: no refund is given for construction charges already paid on that land and already credited to productive areas, the way the law would normally allow.
the actual law source: uscode.house.gov ↗public domain

The payment of all construction charges against said areas temporarily unproductive shall remain suspended until the Secretary of the Interior shall declare them to be possessed of sufficient productive power properly to be placed in a paying class, whereupon payment of construction charges against such areas shall be resumed or shall begin, as the case may be. Any payments made on such areas shall be credited to the unpaid balance of the construction charge on the productive area of each unit. Such credit shall be applied on and after April 23, 1930, which shall not be construed to require revision of accounts adjusted before April 23, 1930, under the provisions of this section as originally enacted. While said lands so classified as temporarily unproductive and the construction charges against them are suspended, water for irrigation purposes may be furnished upon payment of the usual operation and maintenance charges, or such other charges as may be fixed by the Secretary of the Interior the advance payment of which may be required, in the discretion of the said Secretary. Should said lands temporarily classed as unproductive, or any of them, in the future be found by the Secretary of the Interior to be permanently unproductive, the charges against them shall be charged off as a permanent loss to the reclamation fund and they shall thereupon be treated in the same manner as other permanently unproductive lands as provided in sections 423 to 423g and 610 of this title except that no refund shall be made of the construction charges paid on such unproductive areas and applied as a credit on productive areas as herein authorized.

Source credit: (May 25, 1926, ch. 383, § 43, 44 Stat. 647; Apr. 23, 1930, ch. 205, 46 Stat. 249.)

history & why it existsrecord from the source credit
  • 1926Enacted · Act of May 25, 1926, ch. 383 · 44 Stat. 647
  • 1930Amended · Act of Apr. 23, 1930, ch. 205 · 46 Stat. 249

A history note hasn’t been published yet. The record shows enactment by ch. 383 on 1926-05-25.

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