43 U.S.C. § 485e — Maintenance and operation of project works; delinquency penalties
submitted 87 years ago by ch. 418 to r/title-43-PUBLIC-LANDS · 271 words · no verdicts yet
The Secretary of the Interior may require proper accounting and upkeep in reclamation contracts. Contracts must require advance payment of operation and maintenance charges. Late payments face a minimum penalty, and water can be cut off from delinquent land or organizations.
In any contract about construction charges* made under this subchapter, the Secretary* may require whatever provisions are needed to: make sure proper accounting is adopted, protect the condition of the project's physical works, ensure they're used properly, and protect project* land from deterioration caused by misusing water.
Every such contract must require operation-and-maintenance charges to be paid in advance.
The Secretary may also require provisions penalizing late payment of construction charges or operation-and-maintenance charges. At minimum, any contract must impose penalties for delinquency of at least one-half of one percent per month on the delinquent charge, counted from the date it becomes due and payable.
Every such contract must also require that no water be delivered to land or parties that are: behind on advance payment of operation-and-maintenance or toll charges, more than twelve months behind on construction charges owed from that land or party to the United States or to their organization*, or included in an organization that is itself behind on its own advance operation-and-maintenance or toll payments, or more than twelve months behind on construction charges it owes to the United States.
In connection with any contract, relating to construction charges*, entered into pursuant to the authority of this subchapter, the Secretary* is authorized to require such provisions as he deems proper to secure the adoption of proper accounting, to protect the condition of project* works and to provide for the proper use thereof, and to protect project lands against deterioration due to improper use of water. Any such contract shall require advance payment of adequate operation and maintenance charges. The Secretary is further authorized, in his discretion, to require such provisions as he deems proper to penalize delinquencies in payments of construction charges or operation and maintenance charges: Provided, That in any event there shall be penalties imposed on account of delinquencies of not less than one-half of 1 per centum per month of the delinquent charge from and after the date when such charge becomes due and payable: Provided further, That any such contract shall require that no water shall be delivered to lands or parties which are in arrears in the advance payment of operation and maintenance or toll charges, or to lands or parties which are in arrears for more than twelve months in the payment of construction charges due from such lands or parties to the United States or to the organization* in which the lands or parties are included, or to any lands or parties included in an organization which is in arrears in the advance payment of operation and maintenance or toll charges or in arrears more than twelve months in the payment of construction charges due from such organization to the United States.
Source credit: (Aug. 4, 1939, ch. 418, § 6, 53 Stat. 1191.)
- 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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