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43 U.S.C. § 469Increase in construction charges

submitted 112 years ago by ch. 247 to r/title-43-PUBLIC-LANDS · 217 words · no verdicts yet

in plain englishAI-generated · not legal advice

After August 13, 1914, the government can only raise fixed construction charges for water projects with agreement. The Secretary of the Interior and most of the affected water-right holders must agree first. The new charge is then spread across the payments still owed, sometimes as extra yearly installments.

After August 13, 1914, once construction charges have been fixed by public notice, they cannot be increased except by agreement between the Secretary of the Interior and a majority of the affected water-right applicants and entrymen. Once that agreement is reached, every water-right applicant and entryman in the affected area becomes subject to the increase. The increased charge is added to the original construction charge, and payment of it is spread across the remaining unpaid installments. Proviso: the Secretary of the Interior may, at his discretion, agree that the increased charge be paid in additional annual installments, each at least as large as the biggest installment originally set for the project by public notice. Those additional installments become due and payable on December 1 of each year after the year the final installment of the original construction charge is due. Further proviso: all these increased construction charges are subject to the same conditions, penalties, and lawsuits described in sections 478, 480, and 481 of this title.
the actual law source: uscode.house.gov ↗public domain

No increase in the construction charges shall, after August 13, 1914, be made, after the same have been fixed by public notice, except by agreement between the Secretary of the Interior and a majority of the water-right applicants and entrymen to be affected by such increase, whereupon all water-right applicants and entrymen in the area proposed to be affected by the increased charge shall become subject thereto. Such increased charge shall be added to the construction charge and payment thereof distributed over the remaining unpaid installments of construction charges: Provided, That the Secretary of the Interior, in his discretion, may agree that such increased construction charge shall be paid in additional annual installments, each of which shall be at least equal to the amount of the largest installment as fixed for the project by the public notice theretofore issued. And such additional installments of the increased construction charge, as so agreed upon shall become due and payable on December 1 of each year subsequent to the year when the final installment of the construction charge under such public notice is due and payable: Provided further, That all such increased construction charges shall be subject to the same conditions, penalties, and suit or action as provided in sections 478, 480, and 481 of this title.

Source credit: (Aug. 13, 1914, ch. 247, § 4, 38 Stat. 687.)

history & why it existsrecord from the source credit
  • 1914Enacted · Act of Aug. 13, 1914, ch. 247 · 38 Stat. 687

A history note hasn’t been published yet. The record shows enactment by ch. 247 on 1914-08-13.

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