§ 485f. Negotiation of equitable contracts by Secretary

Footnotes

1. 1 See References in Text note below.

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. 1939

   Pub. L. 76–418 § 7 · 53 Stat. 1187

   Enacted · 43 U.S.C. § 485f

   Aug. 4, 1939, ch. 418, § 7, 53 Stat. 1192

   Source evidence

   Code source credit
   Aug. 4, 1939, ch. 418, § 7, 53 Stat. 1192

   Enacted provision · exact public law section
   Sec. 7. (a) The Secretary is hereby authorized and directed to Repayment problems, investigation. investigate the repayment problems of any existing project contract unit in connection with which, in his judgment, a contract under section 3 or 4 of this Act would not be practicable nor provide an economically sound adjustment, and to negotiate a contract which, in his judgment, both would provide fair and equitable treatment of the repayment problems involved and would be in keeping with the general purpose of this Act. (b) For any project, division of a project, development unit of a Work now under construction, allocations of costs. project, or supplemental works on a project, now under construction or for which appropriations have been made, and in connection with which a repayment contract has not been executed, allocations of costs may be made in accordance with the provisions of section 9 of this Act and a repayment contract may be negotiated, in the Negotiation of repayment contract. discretion of the Secretary, (1) pursuant to the authority of subsection (a) of this section or (2) in accordance, as near as may be, with the provisions in subsection 9 (d) or 9 (e) of this Act. In connection Development period. with any such project, division, or development unit, on which the majority of the lands involved are public lands of the United States, the Secretary, prior to entering into a repayment contract, may fix a development period for each irrigation block, if any, of not to exceed ten years from and including the first year in which water is delivered for the lands in said block: Provided, That Proviso. Delivery of water at close. in the event a development period is fixed prior to execution of a repayment contract, execution thereof shall be a condition precedent to delivery of water after the close of the development period. During any such development period water shall be delivered to Delivery during development period on toll-charge basis. the lands in the irrigation block involved only on a toll-charge basis, at a charge per annum per acre-foot to be fixed by the Secretary each year and to be collected in advance of delivery of water. Pending negotiation and execution of a repayment contract for any other such project, division, or development unit, water may be delivered for a period of not more than five years from the date of this Act on the same toll-charge basis. Any such toll charges collected and which the Secretary determines to be in excess of the cost of operation and maintenance during the toll-charge period shall be credited to the construction cost of the project in the manner determined by the Secretary. (c) The Secretary from time to time shall report to the Congress Report to Congress. on any proposed contracts negotiated pursuant to the authority of subsection (a) or (b) (1) of this section, and he may execute any such contract on behalf of the United States only after approval thereof has been given by Act of Congress.

2. undated

   Public Law not identified

   Added · 43 U.S.C. § 485f(c)

   Subsec. (c). Act Apr. 24, 1945, added second sentence

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (c). Act Apr. 24, 1945, added second sentence.

1 of 2 references resolved to an enrolled provision · 1 unresolved