43 U.S.C. § 423b: Suspension of payment of…

Summary

Stop payments for construction charges on areas that are temporarily unproductive until the Secretary of the Interior says they are productive enough to be put in a paying class. When the Secretary says so, payments must begin or resume. Any payments already made for those areas will be applied to the unpaid construction balance on the productive part of each unit. That credit applies on and after April 23, 1930, and does not force changes to accounts adjusted before that date under the original rules. While the land is classed as temporarily unproductive and charges are suspended, irrigation water may still be supplied if the usual operation and maintenance charges or other charges set by the Secretary are paid. The Secretary may require those charges to be paid in advance. If the Secretary later finds any of the lands are permanently unproductive, their construction charges 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, but no refund will be given for charges already paid and credited to productive areas.

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be construed to require revision of accounts adjusted before April 23, 1930, under the provisions of this section as originally enacted.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.

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.

§423b Suspension of Payment of Construction Charges Against Areas Temporarily Unproductive