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Title 43 — Public Lands

Chapter 12 — Reclamation and Irrigation of Lands by Federal Government

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

Statutory text

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 , which shall not be construed to require revision of accounts adjusted before , under the provisions of this section as originally enacted.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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 69–383 § 43 · 44 Stat. 636

    Enacted · 43 U.S.C. § 423b

    May 25, 1926, ch. 383, § 43, 44 Stat. 647

    Source evidence

    Code source credit
    May 25, 1926, ch. 383, § 43, 44 Stat. 647

    Enacted provision · exact public law section
    Sec. 43. The payment of all construction charges against said areas Suspension on areas temporarily unproductive. 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 ease may be. While said lands are so classified Water for irrigation may be furnished. 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 If permanently unproductive to be charged off as a permanent loss to fund. 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 imp inductive lands as provided in this Act.

1 of 1 references resolved to an enrolled provision

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 , provided that the credit shall be applied on or after , 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.

Credits

1926–1930 · 2 acts
  1. 1926May 25, 1926, ch. 383, § 43, 44 Stat. 647
  2. 1930Apr. 23, 1930, ch. 205, 46 Stat. 249.
Show as published

(May 25, 1926, ch. 383, § 43, 44 Stat. 647; Apr. 23, 1930, ch. 205, 46 Stat. 249.)

Parsed from the official OLRC USLM XML in data/usc_all/usc43.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t43/s423b