§390mm — Title 43 Public Lands | U.S. Code

Summary

Once a district or a person in the district finishes repaying the construction costs for the project water, the federal ownership limits and full-cost pricing rules no longer apply to those lands. Repayment can be by regular installment payments over the contract term. Accelerated or lump-sum payments count only if the repayment contract that existed on October 12, 1982 allowed them. The Secretary must give a landowner a certificate, on request, saying the land is free of those limits. The certificate must be fit for the county land records. Any certificates issued before October 12, 1982 that said land was free of the acreage limit are approved.

Title 43, §390mm

Public Lands — Source: USLM XML via OLRC

(a)The ownership and full cost pricing limitations of this subchapter and the ownership limitations provided in any other provision of Federal reclamation law shall not apply to lands in a district after the obligation of a district for the repayment of the construction costs of the project facilities used to make project water available for delivery to such lands shall have been discharged by a district (or by a person within the district pursuant to a contract existing on October 12, 1982), by payment of periodic installments throughout a specified contract term, including individual or district accelerated payments where so provided in contracts existing on October 12, 1982.

(b)(1)The Secretary shall provide, upon request of any owner of a landholding for which repayment has occurred, a certificate acknowledging that the landholding is free of the ownership or full cost pricing limitation of Federal reclamation law. Such certificate shall be in a form suitable for entry in the land records of the county in which such landholding is located.

(2)Any certificate issued by the Secretary prior to October 12, 1982, acknowledging that the landholding is free of the acreage limitation of Federal reclamation law is hereby ratified.

(c)Nothing in this subchapter shall be construed as authorizing or permitting lump sum or accelerated repayment of construction costs, except in the case of a repayment contract which is in effect upon October 12, 1982, and which provides for such lump sum or accelerated repayment by an individual or district.

Editorial Notes

References in Text

Federal reclamation law, referred to in subsecs. (a) and (b), is defined in section 390aa of this title.

§390mm Repayment of construction charges

Summary

Title 43, §390mm

Notes & Related Subsidiaries

Editorial Notes

References in Text

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