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43 U.S.C. § 466Surveys to correct errors or inequalities in original basis of project

submitted 102 years ago by ch. 4 to r/title-43-PUBLIC-LANDS · 169 words · no verdicts yet

in plain englishAI-generated · not legal advice

On reclamation projects begun before December 5, 1924, the Secretary of the Interior can order a detailed survey. This happens when settlers can't afford construction costs, or costs were wrongly spread over too little land. The Secretary reports findings and recommendations to Congress.

This section is a single, undivided provision. It applies to reclamation projects that existed before December 5, 1924. If the Secretary believes settlers can't pay their construction costs — because the soil isn't fertile enough, the water supply is inadequate, or some other physical cause — the Secretary may order a full, detailed survey. A survey may also be ordered if it turns out that a project's costs were mistakenly charged against a smaller area of land than the project's full area. The survey must gather all the relevant facts. The Secretary then reports the results of each survey to Congress, along with recommendations. The cost of the survey is paid from the money appropriated for that project, but it is not counted as part of the construction costs or operation-and-maintenance costs that water users have to pay.
the actual law source: uscode.house.gov ↗public domain

On each project existing prior to December 5, 1924, where, in the opinion of the Secretary, it appears that on account of lack of fertility in the soil, an inadequate water supply, or other physical causes, settlers are unable to pay construction costs, or whenever it appears that the cost of any reclamation project by reason of error or mistake or for any cause has been apportioned or charged upon a smaller area of land than the total area of land under said project, the Secretary is authorized to undertake a comprehensive and detailed survey to ascertain all pertinent facts, and report in each case the result of such survey to the Congress, with his recommendations: Provided, That the cost and expense of each such survey shall be charged to the appropriation for the project on account of which the same is made, but shall not be charged as a part of the construction or operation and maintenance cost payable by the water users under the project.

Source credit: (Dec. 5, 1924, ch. 4, § 4, subsec. K, 43 Stat. 703.)

history & why it existsrecord from the source credit
  • 1924Enacted · Act of Dec. 5, 1924, ch. 4 · 43 Stat. 703

A history note hasn’t been published yet. The record shows enactment by ch. 4 on 1924-12-05.

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