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43 U.S.C. § 485b–1Deferment of installments under repayment contracts; determination of undue burden; conditions; supplemental contract; report to Congress

submitted 87 years ago by ch. 418 to r/title-43-PUBLIC-LANDS · 325 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section let the Secretary of the Interior defer construction-charge payments through 1960. The Secretary could delay part of a payment if water users couldn't afford it without hardship. Deferments lasting over a year needed a formal supplemental contract and a report to Congress.

(a) The power granted in section 485b of this title to modify existing repayment contracts lasted only through December 31, 1960. (b) The Secretary could delay ("defer") part of any construction-charge installment, as needed, to bring installments down to amounts water users could probably afford. The Secretary could only do this after finding that the installments probably couldn't be paid on time without undue burden on the water users, weighing whatever factors bore on their ability to pay. The Secretary could attach conditions about operating and maintaining the project, if doing so served the interest of the United States. If a deferment would push any installment more than twelve months past the deferment decision, it had to be done through a formal supplemental contract. That contract had to state that it was only a temporary fix, that its terms weren't meant to set a pattern for any future amended contract, and that any such future amended contract needed Congress's approval — unless it didn't lengthen the project's repayment period beyond what applicable law allowed, involved no reduction in the total amount water users owed, and wasn't otherwise less favorable to the government than the existing contract. The Secretary had to report every deferment granted under this subsection to Congress.
the actual law source: uscode.house.gov ↗public domain
(a)

The authority granted in section 485b of this title for modification of existing repayment contracts or other forms of obligations to pay construction charges shall continue through December 31, 1960.

(b)

The Secretary is authorized, subject to the provisions of this subsection to defer the time for the payment of such part of any installments of construction charges under any repayment contract or other form of obligation as he deems necessary to adjust such installments to amounts within the probable ability of the water users to pay. Any such deferment shall be effected only after findings by the Secretary that the installments under consideration probably cannot be paid on their due date without undue burden on the water users, considering the various factors which in the Secretary’s judgment bear on the ability of the water users so to pay.

The Secretary may effect the deferments hereunder subject to such conditions and provisions relating to the operation and maintenance of the project involved as he deems to be in the interest of the United States. If, however, any deferments would affect installments to accrue more than twelve months after the action of deferment, they shall be effected only by a formal supplemental contract. Such a contract shall provide by its terms that, it being only an interim solution of the repayment problems dealt with therein, its terms are not, in themselves, to be construed as a criterion of the terms of any amendatory contract that may be negotiated and that any such amendatory contract must be approved by the Congress unless it does not lengthen the repayment period for the project in question beyond that permitted by the laws applicable to that project, involves no reduction in the total amount payable by the water users, and is not in other respects less advantageous to the Government than the existing contract arrangements. The Secretary shall report to the Congress all deferments granted under this subsection.

Source credit: (Aug. 4, 1939, ch. 418, § 17, 53 Stat. 1198; Apr. 24, 1945, ch. 94, § 3, 59 Stat. 76; Pub. L. 85–611, § 3, Aug. 8, 1958, 72 Stat. 543; Pub. L. 86–308, § 1, Sept. 21, 1959, 73 Stat. 584.)

history & why it existsrecord from the source credit
  • 1939Enacted · Act of Aug. 4, 1939, ch. 418 · 53 Stat. 1198
  • 1945Amended · Act of Apr. 24, 1945, ch. 94 · 59 Stat. 76
  • 1958Amended · Pub. L. 85-611 · 72 Stat. 543
  • 1959Amended · Pub. L. 86-308 · 73 Stat. 584

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

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