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43 U.S.C. § 485b — Amendment of existing repayment contracts
Federal law — U.S. Code and appendices · legal_authorities
In connection with any repayment contract or other form of obligation, existing on August 4, 1939, to pay construction charges, providing for repayment on the basis of a definite period, the Secretary is authorized, upon request by the water users involved or their duly authorized representatives for amendment under this section of said contract or other form of obligation, and if in the Secretary’s judgement such amendment is both practicable and in keeping with the general purpose of this subchapter, to amend said contract or other form of obligation so as to provide that the construction charges remaining unaccrued on the date of the amendment, or any later date agreed upon, shall be spread in definite annual installments on the basis of a longer definite period fixed in each case by the Secretary: Provided, That for any construction charges said longer period shall not exceed forty years, exclusive of 1931 and subsequent years to the extent of moratoria or deferments of construction charges due and payable for such years effected pursuant to Acts of Congress, from the date when the first installment of said construction charges become due and payable under the original obligation to pay said construction charges and in no event shall the unexpired part of said longer period exceed double the number of remaining years, as of the date of the amendment made pursuant to this subchapter, in which installments of said construction charges would become due and payable under said existing repayment contract or other form of obligation to pay construction charges.
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Stable record: federal_law:legal_authorities:record_usc_60f50f5c44c05be7d5850520
Source file: Laws/federal/codes/united-states-code/title-43/section-485b-amendment-of-existing-repayment-contracts--2ebe2f9ab4.md
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Source location: Title 43, Chapter 12, § 485b; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md
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In connection with any repayment contract or other form of obligation, existing on August 4, 1939, to pay construction charges, providing for repayment on the basis of a definite period, the Secretary is authorized, upon request by the water users involved or their duly authorized representatives for amendment under this section of said contract or other form of obligation, and if in the Secretary’s judgement such amendment is both practicable and in keeping with the general purpose of this subchapter, to amend said contract or other form of obligation so as to provide that the construction charges remaining unaccrued on the date of the amendment, or any later date agreed upon, shall be spread in definite annual installments on the basis of a longer definite period fixed in each case by the Secretary: Provided, That for any construction charges said longer period shall not exceed forty years, exclusive of 1931 and subsequent years to the extent of moratoria or deferments of construction charges due and payable for such years effected pursuant to Acts of Congress, from the date when the first installment of said construction charges become due and payable under the original obligation to pay said construction charges and in no event shall the unexpired part of said longer period exceed double the number of remaining years, as of the date of the amendment made pursuant to this subchapter, in which installments of said construction charges would become due and payable under said existing repayment contract or other form of obligation to pay construction charges.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, act May 10, 1926, ch. 277, 44 Stat. 479, authorized Secretary of the Interior, until June 30, 1927, to contract with water-users’ associations for payment of charges within such term as may be necessary. See [section 485b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section485b&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 482
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The authority granted in [section 485b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section485b&num=0&edition=prelim) for modification of existing repayment contracts or other forms of obligations to pay construction charges shall continue through December 31, 1960.
**(b)** The Secretary is authorized, subject to the provisions of this subsection to defer the time for the payment of such part of any installments of construction charges under any repayment contract or other form of obligation as he deems necessary to adjust such installments to amounts within the probable ability of the water users to pay. Any such deferment shall be effected only after findings by the Secretary that the installments under consideration probably cannot be paid on their due date without undue burden on the water users, considering the various factors which in the Secretary’s judgment bear on the ability of the water users so to pay.The Secretary may effect the deferments hereunder subject to such conditions and provisions relating to the operation and maintenance of the project involved as he deems to be in the interest of the United States. If, however, any deferments would affect installments to accrue more than twelve months after the action of deferment, they shall be effected only by a formal supplemental contract. Such a contract shall provide by its terms that, it being only an interim solution of the repayment problems dealt with therein, its terms are not, in themselves, to be construed as a criterion of the terms of any amendatory contract that may be negotiated and that any such amendatory contract must be approved by the Congress unless it does not lengthen the repayment period for the project in question beyond that permitted by
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 485b–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings of Secretary** No expenditures for the construction of any new project, new division of a project, or new supplemental works on a project shall be made, nor shall estimates be submitted therefor, by the Secretary until after he has made an investigation thereof and has submitted to the President and to the Congress his report and findings on—
(1) the engineering feasibility of the proposed construction;
(2) the estimated cost of the proposed construction;
(3) the part of the estimated cost which can properly be allocated to irrigation and probably be repaid by the water users;
(4) the part of the estimated cost which can properly be allocated to power and probably be returned to the United States in net power revenues;
(5) the part of the estimated cost which can properly be allocated to municipal water supply or other miscellaneous purposes and probably be returned to the United States.
If the proposed construction is found by the Secretary to have engineering feasibility and if the repayable and returnable allocations to irrigation, power, and municipal water supply or other miscellaneous purposes found by the Secretary to be proper, together with any allocation to flood control or navigation made under subsection (b) of this section, equal the total estimated cost of construction as determined by the Secretary, then the new project, new division of a project, or supplemental works on a project, covered by his findings, shall be deemed authorized and may be undertaken by the Secretary. If all such allocations do not equal said total estimated cost, then said new project, new division, or new supplemental works may be undertaken by the Secretary only after provision therefor has been made by Act of Congress enacted after the Secretary has submitted
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 485h
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Federal law — U.S. Code and appendices · legal_authorities
Page 162
TITLE 43—PUBLIC LANDS
§ 485a
Stat. 1187, known as the Reclamation Project Act of
1939, which enacted this subchapter, sections 375a, 380a,
and 387 to 389 of this title and section 16d of former
Title 41, Public Contracts, and enacted provision set
out as a note under section 485j of this title. For com-
plete classification of this Act to the Code, see section
485k of this title and Tables.
§ 485a. Definitions
As used in this subchapter—
(a) The term ‘‘Federal reclamation laws’’ shall
mean the Act of June 17, 1902 (32 Stat. 388), and
all Acts amendatory thereof or supplementary
thereto.
(b) The term ‘‘Secretary’’ shall mean the Sec-
retary of the Interior.
(c) The term ‘‘project’’ shall mean any rec-
lamation or irrigation project, including inci-
dental features thereof, authorized by the Fed-
eral reclamation laws, or constructed by the
United States pursuant to said laws, or in con-
nection with which there is a repayment con-
tract executed by the United States, pursuant to
said laws, or any project constructed or operated
and maintained by the Secretary through the
Bureau of Reclamation for the reclamation of
arid lands or other purposes.
(d) The term ‘‘construction charges’’ shall
mean the amounts of principal obligations pay-
able to the United States under water-right ap-
plications, repayment contracts, orders of the
Secretary, or other forms of obligation entered
into pursuant to the Federal reclamation laws,
excepting amounts payable for water rental or
power charges, operation and maintenance and
other yearly service charges, and excepting also
any other operation and maintenance, interest,
or other charges which are not covered into the
principal sums of the construction accounts of
the Bureau of Reclamation.
(e) The t
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 485b
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