Title 43Public LandsRelease 119-73

§423b Suspension of payment of construction charges against areas temporarily unproductive

Title 43 › Chapter CHAPTER 12— - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER V— - ADMINISTRATION OF EXISTING PROJECTS › § 423b

Last updated Apr 6, 2026|Official source

Summary

Payments for construction charges on lands judged temporarily unproductive must be stopped until the Secretary of the Interior says the land is productive enough to be put into a paying class. When that happens, billing for those construction charges will start or resume. Any payments already made on the temporarily unproductive areas will be applied as a credit to the unpaid construction balance on the productive part of each unit, and that credit applies on and after April 23, 1930, without forcing changes to accounts settled before that date under the original rules. While charges are suspended, irrigation water can still be supplied if the usual operation and maintenance fees are paid, or other fees the Secretary sets (which may need to be paid in advance). If the Secretary later decides any of those lands are permanently unproductive, the charges for them will be written off as a permanent loss to the reclamation fund and handled like other permanently unproductive lands under sections 423 to 423g and 610, and no refunds will be made of construction charges that were paid and used as credits.

Full Legal Text

Title 43, §423b

Public Lands — Source: USLM XML via OLRC

The payment of all construction charges against said areas temporarily unproductive shall remain suspended until the Secretary of the Interior shall declare them to be possessed of sufficient productive power properly to be placed in a paying class, whereupon payment of construction charges against such areas shall be resumed or shall begin, as the case may be. Any payments made on such areas shall be credited to the unpaid balance of the construction charge on the productive area of each unit. Such credit shall be applied on and after April 23, 1930, which shall not be construed to require revision of accounts adjusted before April 23, 1930, under the provisions of this section as originally enacted. While said lands so classified as temporarily unproductive and the construction charges against them are suspended, water for irrigation purposes may be furnished upon payment of the usual operation and maintenance charges, or such other charges as may be fixed by the Secretary of the Interior the advance payment of which may be required, in the discretion of the said Secretary. Should said lands temporarily classed as unproductive, or any of them, in the future be found by the Secretary of the Interior to be permanently unproductive, the charges against them shall be charged off as a permanent loss to the reclamation fund and they shall thereupon be treated in the same manner as other permanently unproductive lands as provided in sections 423 to 423g and 610 of this title except that no refund shall be made of the construction charges paid on such unproductive areas and applied as a credit on productive areas as herein authorized.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 423 to 423g and 610 of this title, referred to in text, was in the original “this Act”, meaning act of May 25, 1926, ch. 383, 44 Stat. 636, which enacted sections 423 to 423g and 610 of this title. section 610 of this title was omitted from the Code. For complete classification of this Act to the Code, see Tables.

Amendments

1930—Act Apr. 23, 1930, provided that the credit shall be applied on or after April 23, 1930, and was not to be construed as requiring revision of accounts adjusted before such date, and that no refund shall be made of the charges on unproductive areas and applied as a credit on productive areas.

Reference

Citations & Metadata

Citation

43 U.S.C. § 423b

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73