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43 U.S.C. § 485dTime of payments to the United States

submitted 87 years ago by ch. 418 to r/title-43-PUBLIC-LANDS · 184 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior may set when yearly payments to the United States are due. Up to two payment dates per year may be picked to match crop income. If an organization pays, its own internal deadlines must come before its payment to the U.S. is due.

This section lets the Secretary of the Interior require certain terms in any contract entered into under this subchapter. First, the contract can require that each year's payments to the United States become due on one or two dates the Secretary picks — dates meant to roughly match when water users get income from selling their crops. Second, if the contract is with an organization rather than an individual, the contract can require that the organization's own assessments or levies — the money it collects from its members to make its payment to the United States — become due and payable within a certain period before the organization's own payment to the United States is due. The exact timing is agreed on in each contract. The Secretary may also allow deferments of construction charges when needed to keep these requirements from unfairly piling up payments on water users.
the actual law source: uscode.house.gov ↗public domain

The Secretary in this discretion may require, in connection with any contract entered into pursuant to the authority of this subchapter, that the contract provide (1) that the payments for each year to be made to the United States shall become due and payable on such date or dates, not exceeding two, in each year as the Secretary determines will be substantially contemporaneous with the time or times in each year when water users receive crop returns and (2) if the contract be with an organization, that assessments or levies for the purpose of obtaining moneys sufficient to meet the organization’s payments under said contract shall be made and shall become due and payable within a certain period or periods of time prior to the date or dates on which the organization’s payments to the United States are due and payable, said period or periods of time to be agreed upon in each said contract.

The Secretary may provide such deferments of construction charges as in his judgment are necessary to prevent said requirements from resulting in inequitable pyramiding of payments of said charges.

Source credit: (Aug. 4, 1939, ch. 418, § 5, 53 Stat. 1191.)

history & why it existsrecord from the source credit
  • 1939Enacted · Act of Aug. 4, 1939, ch. 418 · 53 Stat. 1191

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

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