2021 US Code
Title 43 - Public Lands
Chapter 12 - Reclamation and Irrigation of Lands by Federal Government
Subchapter I-A - Reclamation Reform
Sec. 390mm - Repayment of construction charges

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Citation 43 U.S.C. § 390mm (2021)
Section Name §390mm. Repayment of construction charges
Section Text (a) Ownership and pricing limitations inapplicable when repayment obligation has been discharged

The ownership and full cost pricing limitations of this subchapter and the ownership limitations provided in any other provision of Federal reclamation law shall not apply to lands in a district after the obligation of a district for the repayment of the construction costs of the project facilities used to make project water available for delivery to such lands shall have been discharged by a district (or by a person within the district pursuant to a contract existing on October 12, 1982), by payment of periodic installments throughout a specified contract term, including individual or district accelerated payments where so provided in contracts existing on October 12, 1982.

(b) Certification of freedom from ownership and pricing limitations

(1) The Secretary shall provide, upon request of any owner of a landholding for which repayment has occurred, a certificate acknowledging that the landholding is free of the ownership or full cost pricing limitation of Federal reclamation law. Such certificate shall be in a form suitable for entry in the land records of the county in which such landholding is located.

(2) Any certificate issued by the Secretary prior to October 12, 1982, acknowledging that the landholding is free of the acreage limitation of Federal reclamation law is hereby ratified.

(c) Lump sum or accelerated repayment of construction costs

Nothing in this subchapter shall be construed as authorizing or permitting lump sum or accelerated repayment of construction costs, except in the case of a repayment contract which is in effect upon October 12, 1982, and which provides for such lump sum or accelerated repayment by an individual or district.

Source Credit

(Pub. L. 97–293, title II, §213, Oct. 12, 1982, 96 Stat. 1269.)


Editorial Notes EDITORIAL NOTES REFERENCES IN TEXT

Federal reclamation law, referred to in subsecs. (a) and (b), is defined in section 390aa of this title.

Publication Title United States Code, 2018 Edition, Supplement 3, Title 43 - PUBLIC LANDS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 43 - PUBLIC LANDS
CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I-A - RECLAMATION REFORM
Sec. 390mm - Repayment of construction charges
Contains section 390mm
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law No
Disposition standard
Statutes at Large References 96 Stat. 1269
Public Law References Public Law 97-293
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