Title 43 — Public Lands
Chapter 12 — Reclamation and Irrigation of Lands by Federal Government
§ 494. Pecuniary penalty for nonpayment of operation charge
Statutory text
If any operation or maintenance charge is unpaid on the 1st day of the third calendar month after it became due a penalty of 1 per centum of the amount unpaid shall be added thereto, and thereafter an additional penalty of one-half of 1 per centum of the amount unpaid shall be added on the 1st day of each calendar month if such charge and penalties shall remain unpaid.
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 § 6 · 38 Stat. 686
Enacted · 43 U.S.C. § 494
Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688
Source evidence
Code source credit
Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688Enacted provision · exact public law section
Sec. 6. penalties. That all operation and maintenance charges 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 Penalty for nonpayment. due there shall be a discount of five per centum of such charge; but if such charge is unpaid on the first day of the third calendar month thereafter, a penalty of one per centum of the amount unpaid shall be added thereto, and thereafter an additional penalty of one per centum of the amount unpaid shall be added on the first day of each calendar month if such charge and penalties shall remain unpaid, and 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 charge for operation and maintenance, or any annual Cancellation, etc., for continued arrears. construction charge and penalties. If any water-right applicant or entryman shall be one year in arrears in the payment of any charge for operation and maintenance 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 Actions for recovery. be subject to contest because of such arrears. In the discretion of the Secretary of the Interior suit or action may be brought for the amounts in default and penalties in like manner as provided in section three of this Act.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section is comprised of part of first sentence of section 6 of act . Remainder of first sentence of such section 6 is classified to sections 479, 493 and 495 of this title; second and third sentences of such section 6 are classified to sections 496 and 497 of this title, respectively.
Act , reduced the additional penalty from 1 per centum to one-half of 1 per centum.
Credits
1914–1924 · 2 acts
- 1914Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688
- 1924Dec. 5, 1924, ch. 4, § 4, subsec. H, 43 Stat. 703.
Show as published
(Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688; Dec. 5, 1924, ch. 4, § 4, subsec. H, 43 Stat. 703.)