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43 U.S.C. § 485bAmendment of existing repayment contracts

submitted 87 years ago by ch. 418 to r/title-43-PUBLIC-LANDS · 258 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior may amend existing repayment contracts from before August 4, 1939. Water users must ask for the change, and the Secretary must find it workable and fair. The new repayment period generally can't run longer than forty years.

This section lets the Secretary of the Interior amend old repayment contracts — ones for paying construction charges that existed on August 4, 1939, and originally set a fixed repayment period. The water users involved, or their authorized representatives, must ask for the amendment. The Secretary must judge that changing the contract is both workable and fits this subchapter's general purpose. If the Secretary agrees, the contract can be amended so that whatever construction charges haven't yet come due — as of the amendment date, or a later agreed date — get spread out in fixed annual installments over a longer period the Secretary sets. That longer period is limited two ways. First, it can't exceed forty years, though years from 1931 onward that were covered by a moratorium or deferment under an Act of Congress don't count against that forty-year limit; the forty years are counted from when the first installment originally came due under the original obligation. Second, the part of the longer period still remaining as of the amendment date can't be more than double the number of years still left to pay under the existing contract.
the actual law source: uscode.house.gov ↗public domain

In connection with any repayment contract or other form of obligation, existing on August 4, 1939, to pay construction charges, providing for repayment on the basis of a definite period, the Secretary is authorized, upon request by the water users involved or their duly authorized representatives for amendment under this section of said contract or other form of obligation, and if in the Secretary’s judgement such amendment is both practicable and in keeping with the general purpose of this subchapter, to amend said contract or other form of obligation so as to provide that the construction charges remaining unaccrued on the date of the amendment, or any later date agreed upon, shall be spread in definite annual installments on the basis of a longer definite period fixed in each case by the Secretary: Provided, That for any construction charges said longer period shall not exceed forty years, exclusive of 1931 and subsequent years to the extent of moratoria or deferments of construction charges due and payable for such years effected pursuant to Acts of Congress, from the date when the first installment of said construction charges become due and payable under the original obligation to pay said construction charges and in no event shall the unexpired part of said longer period exceed double the number of remaining years, as of the date of the amendment made pursuant to this subchapter, in which installments of said construction charges would become due and payable under said existing repayment contract or other form of obligation to pay construction charges.

Source credit: (Aug. 4, 1939, ch. 418, § 3, 53 Stat. 1188.)

history & why it existsrecord from the source credit
  • 1939Enacted · Act of Aug. 4, 1939, ch. 418 · 53 Stat. 1188

A history note hasn’t been published yet. The record shows enactment by ch. 418 on 1939-08-04.

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