Title 43 — Public Lands
Chapter 12 — Reclamation and Irrigation of Lands by Federal Government
§ 481. Action to recover construction charges and penalties
Statutory text
If the Secretary of the Interior shall so elect, he may cause suit or action to be brought for the recovery of the amount of the construction charges in default and penalties; but if suit or action be brought, the right to declare a cancellation and forfeiture of the entry or water-right application as provided in section 480 of this title shall be suspended pending such suit or action.
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.
Pub. L. 63–247 § 3 · 38 Stat. 686
Enacted · 43 U.S.C. § 481
(Aug. 13, 1914, ch. 247, § 3, 38 Stat. 687.)
Source evidence
Code source credit
(Aug. 13, 1914, ch. 247, § 3, 38 Stat. 687.)Enacted provision · exact public law section
Sec. 3. penalties. That if any water-right applicant or entryman shall fail to Penalties for nonpayment of construction charges. pay any installment of his construction charges when due, there shall added to the amount unpaid a penalty of one per centum thereof, Vol. 37, p. 266, amended. and there shall be added a like penalty of one per centum of the amount unpaid on the first day of each month thereafter so long as such default shall continue. If any such applicant or entryman shall Cancellation and forfeiture. be one year in default in the payment of any installment of the construction charges and penalties, or any part thereof, his water-right application, and if he be a homestead entryman his entry also, shall be subject to cancellation, and all payments made by him forfeited to the reclamation fund, but no homestead entry shall be subject to contest because of such default: Provided, That if the Secretary of Proviso. Actions for recovery. the Interior shall so elect, he may cause suit or action to be brought for the recovery of the amount in default and penalties; but if suit or action be brought, the right to declare a cancellation and forfeiture shall be suspended pending such suit or action.
1 of 1 references resolved to an enrolled provision
Credits
(Aug. 13, 1914, ch. 247, § 3, 38 Stat. 687.)