dreamproit/uscode huggingface dataset:
43 U.S.C. § 471 (PUBLIC LANDS)
§ 471. Initial payment and annual installments of charges generally
Any entryman or applicant shall at the time of making water-right application or entry, as the case may be, pay into the reclamation fund 5 per centum of the construction charge fixed for his land as an initial installment, and shall pay the balance of said charge in annual installments. The first of the annual installments shall become due and payable on December 1 of the fifth calendar year after the initial installment: Provided, That any water-right applicant or entryman may, if he so elects, pay the whole or any part of the construction charges owing by him within any shorter period: Provided further, That entry may be made whenever water is available, as announced by the Secretary of the Interior, and the initial payment be made when the charge per acre is established.
(Aug. 13, 1914, ch. 247, § 1, 38 Stat. 686.)
heading: Editorial Notes
heading: Codification
text: Section comprises part of section 1 of act Aug. 13, 1914. Remainder of section 1 is set out as section 472 of this title.
43 U.S.C. § 472 (PUBLIC LANDS)
§ 472. Installments on entries or applications made after August 13, 1914, and prior to December 5, 1924
Any person whose lands, after August 13, 1914, and prior to December 5, 1924, became subject to the terms and conditions of the Act approved June seventeenth, nineteen hundred and two, entitled “An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands,” and Acts amendatory thereof or supplementary thereto, hereafter to be referred to as the reclamation law, and any person who, after August 13, 1914, and prior to December 5, 1924, made entry thereunder shall pay the balance of said charge after the initial payment in fifteen annual installments, the first five of which shall each be five per centum of the construction charge and the remainder shall each be seven per centum until the whole amount shall have been paid.
(Aug. 13, 1914, ch. 247, § 1, 38 Stat. 686.)
heading: Editorial Notes
heading: References in Text
text: Act approved June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, 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.
heading: Codification
text: References to December 5, 1924, were inserted in conformity with provisions of act Dec. 5, 1924, ch. 4, § 4, subsec. F, 43 Stat. 702, which changed the method of paying the annual installments after such date. Such provisions, which were classified to sections 473 and 474 of this title, were repealed by act May 25, 1926, ch. 383, § 47, 44 Stat. 650. See sections 423 to 423g of this title.
Section comprises part of section 1 of act Aug. 13, 1914. Remainder of section 1 is set out as section 471 of this title.
43 U.S.C. § 475 (PUBLIC LANDS)
§ 475. Annual installments on entries and contracts prior to August 13, 1914
Any person whose land or entry, prior to August 13, 1914, became subject to the terms and conditions of the reclamation law shall pay the construction charge, or the portion of the construction charge remaining unpaid, in twenty annual installments, the first of which shall become due and payable on December 1 of the year in which the public notice affecting his land is issued, and subsequent installments on December 1 of each year thereafter. The first four of such installments shall each be 2 per centum, the next two installments shall each be 4 per centum, and the next fourteen each 6 per centum of the total construction charge, or the portion of the construction charge unpaid at the beginning of such installments.
Any person whose land or entry prior to August 13, 1914, became subject to the reclamation law, who desires to secure the benefits of the extension of the period of payments provided by sections 373, 414, 418, 435 to 437, 440, 443, 464, 465, 469, 471, 472, 475, 477 to 481, 492, 493, 494 to 497 and 499 of this title, shall, within six months after the issuance of the first public notice hereunder affecting his land or entry, notify the Secretary of the Interior, in the manner to be prescribed by said Secretary, of his acceptance of all the terms and conditions of such sections, and thereafter his lands or entry shall be subject to all of the provisions of such sections: Provided, That upon sufficient showing the Secretary of the Interior may, in his discretion, permit notice of acceptance of all the terms and conditions of such sections to be filed at any time after the time limit hereinbefore fixed for filing such acceptance shall have expired, conditioned, however, that where the applicant for such acceptance is in arrears on construction charges, he shall at the time of acceptance pay such installments of the construction charge as he would have been required to pay had he accepted the benefits of such sections within the time limit hereinabove fixed, plus the penalties that would have accrued had he so accepted, and such applicant shall thereafter be upon the same status that he would have been had he accepted the provisions of such sections within the time limit hereinabove fixed, and thereafter the lands or entry of any such persons so filing such notice of acceptance shall be subject to all the provisions of such sections.
(Aug. 13, 1914, ch. 247, §§ 2, 14, 38 Stat. 687, 690; July 26, 1916, ch. 257, 39 Stat. 390.)
heading: Editorial Notes
heading: References in Text
text: The reclamation law, referred to in text, is defined in section 472 of this title.
43 U.S.C. § 478 (PUBLIC LANDS)
§ 478. Pecuniary penalty for nonpayment of installments of construction charges
If any water-right applicant or entryman shall have, prior to December 5, 1924, failed to pay any installment of his construction charges when due, there shall be added to the amount unpaid a penalty of 1 per centum thereof, and there shall be added a like penalty of 1 per centum of the amount unpaid on the first day of each month thereafter so long as such default shall have continued: Provided, That the penalty of 1 per centum per month against delinquent accounts, is reduced to one-half of 1 per centum per month, as to all installments which may become due after December 5, 1924.
(Aug. 13, 1914, ch. 247, § 3, 38 Stat. 687; Dec. 5, 1924, ch. 4, § 4, subsec. H, 43 Stat. 703.)
heading: Editorial Notes
heading: Codification
text: Section consolidates first sentence of act Aug. 13, 1914, § 3, with act Dec. 5, 1924, § 4, subsec. H.
43 U.S.C. § 479 (PUBLIC LANDS)
§ 479. Shutting off water for nonpayment of construction charge
No water shall be delivered to the lands of any water-right applicant or entryman who shall be in arrears for more than one calendar year for the payment of any annual construction charge and penalties.
(Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688.)
heading: Editorial Notes
heading: Codification
text: Section is comprised of part of first sentence of section 6 of act Aug. 13, 1914. Remainder of first sentence of such section 6 is classified to sections 493, 494, and 495 of this title; second and third sentences of such section 6 are classified to sections 496 and 497 of this title, respectively.
43 U.S.C. § 482 (PUBLIC LANDS)
§ 482. Omitted
heading: Editorial Notes
heading: Codification
text: Section, act May 10, 1926, ch. 277, 44 Stat. 479, authorized Secretary of the Interior, until June 30, 1927, to contract with water-users’ associations for payment of charges within such term as may be necessary. See section 485b of this title.
43 U.S.C. § 485 (PUBLIC LANDS)
§ 485. Declaration of policy
For the purpose of providing for United States reclamation projects a feasible and comprehensive plan for an economical and equitable treatment of repayment problems and for variable payments of construction charges which can be met regularly and fully from year to year during periods of decline in agricultural income and unsatisfactory conditions of agriculture as well as during periods of prosperity and good prices for agricultural products, and which will protect adequately the financial interest of the United States in said projects, obligations to pay construction charges may be revised or undertaken pursuant to the provisions of this subchapter.
(Aug. 4, 1939, ch. 418, § 1, 53 Stat. 1187.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this Act”, meaning act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended, known as the Reclamation Project Act of 1939, which enacted this subchapter, sections 375a, 380a, and 387 to 389 of this title and section 16d of former Title 41, Public Contracts, and enacted provision set out as a note under section 485j of this title. For complete classification of this Act to the Code, see section 485k of this title and Tables.
43 U.S.C. § 485b (PUBLIC LANDS)
§ 485b. Amendment of existing repayment contracts
In connection with any repayment contract or other form of obligation, existing on August 4, 1939, to pay construction charges, providing for repayment on the basis of a definite period, the Secretary is authorized, upon request by the water users involved or their duly authorized representatives for amendment under this section of said contract or other form of obligation, and if in the Secretary’s judgement such amendment is both practicable and in keeping with the general purpose of this subchapter, to amend said contract or other form of obligation so as to provide that the construction charges remaining unaccrued on the date of the amendment, or any later date agreed upon, shall be spread in definite annual installments on the basis of a longer definite period fixed in each case by the Secretary: Provided, That for any construction charges said longer period shall not exceed forty years, exclusive of 1931 and subsequent years to the extent of moratoria or deferments of construction charges due and payable for such years effected pursuant to Acts of Congress, from the date when the first installment of said construction charges become due and payable under the original obligation to pay said construction charges and in no event shall the unexpired part of said longer period exceed double the number of remaining years, as of the date of the amendment made pursuant to this subchapter, in which installments of said construction charges would become due and payable under said existing repayment contract or other form of obligation to pay construction charges.
(Aug. 4, 1939, ch. 418, § 3, 53 Stat. 1188.)
heading: Statutory Notes and Related Subsidiaries
heading: Extension of Date of Modification of Repayment Contracts
text: Act Mar. 6, 1952, ch. 94, 66 Stat. 16, as amended by acts Aug. 31, 1954, ch. 1168, 68 Stat. 1044; Pub. L. 85–156, Aug. 21, 1957, 71 Stat. 390; Pub. L. 85–611, § 3, Aug. 8, 1958, 72 Stat. 543; Pub. L. 86–308, § 2, Sept. 21, 1959, 73 Stat. 585, provided that the authority vested in the Secretary of the Interior by sections 485b and 485f of this title should be extended through Dec. 31, 1960.
43 U.S.C. § 485d (PUBLIC LANDS)
§ 485d. Time of payments to the United States
The Secretary in this discretion may require, in connection with any contract entered into pursuant to the authority of this subchapter, that the contract provide (1) that the payments for each year to be made to the United States shall become due and payable on such date or dates, not exceeding two, in each year as the Secretary determines will be substantially contemporaneous with the time or times in each year when water users receive crop returns and (2) if the contract be with an organization, that assessments or levies for the purpose of obtaining moneys sufficient to meet the organization’s payments under said contract shall be made and shall become due and payable within a certain period or periods of time prior to the date or dates on which the organization’s payments to the United States are due and payable, said period or periods of time to be agreed upon in each said contract.
The Secretary may provide such deferments of construction charges as in his judgment are necessary to prevent said requirements from resulting in inequitable pyramiding of payments of said charges.
(Aug. 4, 1939, ch. 418, § 5, 53 Stat. 1191.)
heading: Statutory Notes and Related Subsidiaries
heading: Extension of Secretary’s Authority To Enter Into Amendatory Contracts
text: Secretary’s authority extended through Dec. 31, 1960, see section 485b–1 of this title.
43 U.S.C. § 485h–2 (PUBLIC LANDS)
§ 485h–2. Amendments to existing contracts
The Secretary is authorized to negotiate amendments to existing contracts entered into pursuant to subsection (e) of section 485h of this title to conform said contracts to the provisions of sections 485h–1 to 485h–5 of this title.
(July 2, 1956, ch. 492, § 2, 70 Stat. 484.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.
43 U.S.C. § 485h–3 (PUBLIC LANDS)
§ 485h–3. “Long-term contract” defined
As used in sections 485h–1 to 485h–5 of this title, the term “long-term contract” shall mean any contract the term of which is more than ten years.
(July 2, 1956, ch. 492, § 3, 70 Stat. 484.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.
43 U.S.C. § 485h–4 (PUBLIC LANDS)
§ 485h–4. Application of State laws
Nothing in sections 485h–1 to 485h–5 of this title shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary in carrying out the provisions of such sections, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof: Provided, That the right to the use of water acquired under the provisions of such sections shall be appurtenant to the land irrigated and beneficial use shall be the basis, the measure, and the limit of the right.
(July 2, 1956, ch. 492, § 4, 70 Stat. 484.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.
43 U.S.C. § 485h–5 (PUBLIC LANDS)
§ 485h–5. Supplement to Federal reclamation laws
Sections 485h–1 to 485h–5 of this title shall be a supplement to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto).
(July 2, 1956, ch. 492, § 5, 70 Stat. 484.)
heading: Editorial Notes
heading: References in Text
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.
heading: Codification
text: Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.
43 U.S.C. § 485h–6 (PUBLIC LANDS)
§ 485h–6. Repayment contracts; amendment for provision, addition or modification of irrigation blocks
After the execution of a contract pursuant to the authority of section 9(d)(1) of the Reclamation Project Act of 1939 [43 U.S.C. 485h(d)(1)] and prior to the commencement of the development period provided thereunder, the Secretary of the Interior is authorized to amend such contract to provide for irrigation blocks, or if such are already provided, to add to or modify such irrigation blocks, as he shall deem desirable to carry out the purposes of that Act.
(Pub. L. 87–613, § 1, Aug. 28, 1962, 76 Stat. 407.)
heading: Editorial Notes
heading: References in Text
text: That Act, referred to in text, means act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended, which enacted this subchapter, sections 375a, 380a, and 387 to 389 of this title and section 16d of former Title 41, Public Contracts, and enacted provision set out as a note under section 485j of this title. For complete classification of this Act to the Code, see section 485k of this title and Tables.
heading: Codification
text: Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.
43 U.S.C. § 485h–7 (PUBLIC LANDS)
§ 485h–7. Amendment of repayment contract for payment of annual installments in two parts
In any repayment contract which provides for payment of construction charges by single annual installments, the Secretary may by agreement with the contracting organization amend such contract to provide for the payment of such annual installments in two parts on such dates in the calendar year as may best enable the contracting organization to meet its payments.
(Pub. L. 87–613, § 3, Aug. 28, 1962, 76 Stat. 408.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.
43 U.S.C. § 485j (PUBLIC LANDS)
§ 485j. Effect on existing laws
The provisions of previous Acts of Congress not inconsistent with the provisions of this subchapter shall remain in full force and effect.
(Aug. 4, 1939, ch. 418, § 16, 53 Stat. 1198.)
heading: Statutory Notes and Related Subsidiaries
heading: Construction With Other Laws
text: Act Aug. 4, 1939, ch. 418, § 18, 53 Stat. 1198, provided that: “Nothing in this Act [see section 485k of this title] shall be construed to amend the Boulder Canyon Project Act (45 Stat. 1057), as amended [section 617 et seq. of this title].”
43 U.S.C. § 485k (PUBLIC LANDS)
§ 485k. Short title
This subchapter may be cited as the “Reclamation Project Act of 1939.”
(Aug. 4, 1939, ch. 418, § 19, 53 Stat. 1198.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this Act”, meaning act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended, which enacted this subchapter, sections 375a, 380a, and 387 to 389 of this title and section 16d of former Title 41, Public Contracts, and enacted provision set out as a note under section 485j of this title. For complete classification of this Act to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2013 Amendment
text: Pub. L. 113–24, § 1, Aug. 9, 2013, 127 Stat. 498, provided that: “This Act [amending section 485h of this title] may be cited as the ‘Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act’.”
43 U.S.C. § 491 (PUBLIC LANDS)
§ 491. Authority of Secretary to operate works
The Secretary of the Interior is authorized and directed to use the reclamation fund for the operation and maintenance of all reservoirs and irrigation works constructed under the provisions of this Act.
(June 17, 1902, ch. 1093, § 6, 32 Stat. 389.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is act June 17, 1902, 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.
heading: Codification
text: Section is comprised of part of section 6 of act June 17, 1902. Remainder of such section 6 is classified to section 498 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Section as Unaffected by Submerged Lands Act
text: Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.
43 U.S.C. § 492 (PUBLIC LANDS)
§ 492. Operation and maintenance charges generally
In addition to the construction charge, every water-right applicant, entryman, or landowner under or upon a reclamation project shall also pay, whenever water service is available for the irrigation of his land, an operation and maintenance charge based upon the total cost of operation and maintenance of the project, or each separate unit thereof, and such charge shall be made for each acre-foot of water delivered; but each acre of irrigable land, whether irrigated or not, shall be charged with a minimum operation and maintenance charge based upon the charge for delivery of not less than one acre-foot of water. If the total amount of operation and maintenance charges and penalties collected for any one irrigation season on any project shall exceed the cost of operation and maintenance of the project during that irrigation season, the balance shall be applied to a reduction of the charge on the project for the next irrigation season, and any deficit incurred may likewise be added to the charge for the next irrigation season.
(Aug. 13, 1914, ch. 247, § 5, 38 Stat. 687.)
heading: Editorial Notes
heading: Codification
text: Section is comprised of part of first sentence and second sentence of section 5 of act Aug. 13, 1914. Remainder of first sentence of such section is classified to section 499 of this title.
43 U.S.C. § 493 (PUBLIC LANDS)
§ 493. Operation charges; date of payment; discount; advance payment
All operation and maintenance charges upon projects existing prior to December 5, 1924, shall become due and payable on the date fixed for each project by the Secretary of the Interior, and if such charge is paid on or before the date when due there shall be a discount of 5 per centum of such charge.
All contracts providing for new projects and new divisions of projects approved after December 5, 1924, shall require that all operation and maintenance charges shall be payable in advance. In each case where the care, operation, and maintenance of a project or division of a project are transferred to the water users the contract shall require the payment of operation and maintenance charges in advance. Whenever an adjustment of water charges is made under sections 371, 376, 377, 412, 417, 433, 438,1 462, 463,1 466, 467,1 473,1 474,1 478, 493, 494, 500, 501 and 526 of this title the adjustment contract shall provide that thereafter all operation and maintenance charges shall be payable in advance.
(Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688; Dec. 5, 1924, ch. 4, § 4, subsec. N, 43 Stat. 704.)
heading: Editorial Notes
heading: References in Text
text: Section 438 of this title, referred to in text, was repealed by act Aug. 13, 1953, ch. 428, § 10, 67 Stat. 568.
Sections 463, 467, 473, and 474 of this title, referred to in text, were repealed by act May 25, 1926, ch. 383, § 47, 44 Stat. 650.
heading: Codification
text: First paragraph of this section is comprised of part of first sentence of section 6 of act Aug. 13, 1914. Remainder of first sentence of such section 6 is classified to sections 479, 494, and 495 of this title; second and third sentences of such section 6 are classified to sections 496 and 497 of this title, respectively.
Second paragraph of this section is from act Dec. 5, 1924.
Language was inserted in the first paragraph of this section limiting it to projects existing prior to Dec. 5, 1924, to avoid conflict with second paragraph applicable to projects after Dec. 5, 1924.
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: The definitions in section 371 of this title apply to this section.