Title 43Public LandsRelease 119-73

§384 Extension of time for payment of charges accrued prior to March 2, 1924, and January 1, 1925

Title 43 › Chapter CHAPTER 12— - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 384

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Interior may delay the payment dates for charges, rents, and penalties that came due before March 2, 1924 for water users on certain Indian irrigation projects. Any delay cannot go past March 1, 1927. When payment is rescheduled, past penalties and interest are wiped out and the unpaid amount will instead earn 5% interest a year, paid each year from when the money was first due until it is paid. If the new principal and interest are not paid as agreed, the penalties that applied on May 9, 1924 will take effect from the date of the missed payment. A single water user or someone applying for a water right can apply before January 1, 1925, saying they cannot make the payments. If the Secretary agrees before March 1, 1925, the unpaid charges can be added to the land’s construction charge and spread over later years starting in 1925. The Secretary can spread the charges evenly over the remaining years or put one-fourth in the first half and three-fourths in the second half of the remaining 20-year payment period that starts in 1925. The applicant must first give a detailed statement of assets and debts to prove inability to pay. If they default, the earlier penalties in effect before May 9, 1924 will apply from the date of default. A legally organized group of water users can get the same kind of relief if enough individual statements show it is needed.

Full Legal Text

Title 43, §384

Public Lands — Source: USLM XML via OLRC

(a)The Secretary of the Interior is authorized and empowered, in his discretion, to defer the dates of payments of any charges, rentals, and penalties which have accrued prior to the 2d day of March, 1924, under the Act of June 17, 1902 (32 Stat. 388), and amendatory and supplemental acts or prior to that date, as against water users on any irrigation project being constructed or operated and maintained under the direction of the Commissioner of Indian Affairs, as may, in his judgment, be necessary in or concerning any irrigation project existing on May 9, 1924, under said act: Provided, That no payment shall be deferred under this section in any particular case beyond March 1, 1927: Provided, That upon such adjustment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and maintenance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is hereby extended, shall draw interest at the rate of 5 per centum per annum, paid annually from the time said amount became due to date of payment: And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this section, any penalty provided by the law in effect on May 9, 1924, shall thereupon attach from the date of such default.
(b)Where an individual water user, or individual applicant for a water right under a Federal irrigation project constructed or being constructed under the Act of June 17, 1902 (32 Stat. 388), or any act amendatory thereof or supplementary thereto, makes application prior to January 1, 1925, alleging that he will be unable to make the payments as required in subsection (a) hereof, the Secretary of the Interior is authorized in his discretion prior to March 1, 1925, to add such accrued and unpaid charges to the construction charge of the land of such water user or applicant, and to distribute such accumulated charges equally over each of the subsequent years, beginning with the year 1925, or, in the discretion of the Secretary, distribute a total of one-fourth over the first half of the remaining years of the 20-year period beginning with the year 1925, and three-fourths over the second half of such period, so as to complete the payment during the remaining years of the 20-year period of payment of the original construction charge: Provided, That upon such adjustment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and maintenance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is extended, shall draw interest at the rate of 5 per centum per annum, paid annually from the time said amount became due to the date of payment: Provided further, That the applicant for the extension shall first show to the satisfaction of the Secretary of the Interior detailed statement of his assets and liabilities and probable inability to make payment at the time required in subsection (a): And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this section, any penalty provided by law, prior to May 9, 1924, shall thereupon attach from the date of such default: And provided further, That similar relief in whole or in part may be extended by the Secretary of the Interior to a legally organized group of water users of a project, upon presentation of a sufficient number of individual showings made in accordance with the foregoing proviso to satisfy the Secretary of the Interior that such extension is necessary.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 371 of this title and Tables.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

Reference

Citations & Metadata

Citation

43 U.S.C. § 384

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73