43 U.S.C. § 390mm: Repayment of construction…

Summary

After the construction costs for project facilities that make water available to lands in a district have been fully paid, the federal limits on who can own those lands and the rules about charging full-cost prices no longer apply. That change happens when a district pays off the construction costs, or when a person in the district pays under a contract that existed on October 12, 1982, using the scheduled installment payments or any accelerated payments those old contracts allow. The Secretary must give a written certificate on request saying a piece of land is free of the ownership and full-cost pricing limits. The certificate must be good for filing in the county land records. Any certificate issued before October 12, 1982 saying land was free of the acreage limit is confirmed. New lump-sum or accelerated repayment plans are not allowed unless they were already in contracts in effect on October 12, 1982.

Title 43, §390mm

Public Lands, Source: USLM XML via OLRC

(a)Ownership and pricing limitations inapplicable when repayment obligation has been discharged

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)Certification of freedom from ownership and pricing limitations

(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)Lump sum or accelerated repayment of construction costs

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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