43 U.S.C. § 485c — Repealed. Pub. L. 85–611, § 3, Aug. 8, 1958,

Page 163 TITLE 43—PUBLIC LANDS § 485d struction charges would become due and payable under said existing repayment contract or other form of obligation to pay construction charges. (Aug. 4, 1939, ch. 418, § 3, 53 Stat. 1188.) Statutory Notes and Related Subsidiaries EXTENSION OF DATE OF MODIFICATION OF REPAYMENT CONTRACTS Act Mar. 6, 1952, ch. 94, 66 Stat. 16, as amended by acts Aug. 31, 1954, ch. 1168, 68 Stat. 1044; Pub. L. 85–156, Aug. 21, 1957, 71 Stat. 390; Pub. L. 85–611, § 3, Aug. 8, 1958, 72 Stat. 543; Pub. L. 86–308, § 2, Sept. 21, 1959, 73 Stat. 585, provided that the authority vested in the Secretary of the Interior by sections 485b and 485f of this title should be extended through Dec. 31, 1960. § 485b–1. Deferment of installments under repay- ment contracts; determination of undue bur- den; conditions; supplemental contract; re- port to Congress (a) The authority granted in section 485b of this title for modification of existing repayment contracts or other forms of obligations to pay construction charges shall continue through De- cember 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 prob- ably 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 here- under subject to such conditions and provisions relating to the operation and maintenance of the project involved as he deems to be in the in- terest 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 for- mal 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 them- selves, to be construed as a criterion of the terms of any amendatory contract that may be negotiated and that any such amendatory con- tract must be approved by the Congress unless it does not lengthen the repayment period for the project in question beyond that permitted by the laws applicable to that project, involves no reduction in the total amount payable by the water users, and is not in other respects less ad- vantageous to the Government than the existing contract arrangements. The Secretary shall re- port to the Congress all deferments granted under this subsection. (Aug. 4, 1939, ch. 418, § 17, 53 Stat. 1198; Apr. 24, 1945, ch. 94, § 3, 59 Stat. 76; Pub. L. 85–611, § 3, Aug. 8, 1958, 72 Stat. 543; Pub. L. 86–308, § 1, Sept. 21, 1959, 73 Stat. 584.) Editorial Notes AMENDMENTS 1959—Subsec. (b). Pub. L. 86–308 made permanent the Secretary’s authority to grant deferments in payment of installments of construction charges under repay- ment contracts. 1958—Subsec. (a). Pub. L. 85–611 substituted ‘‘section 485b’’ for ‘‘sections 485b and 485c’’. 1945—Subsec. (a). Act Apr. 24, 1945, extended author- ity for modification of existing repayment contracts or other forms of obligations to pay construction charges through Dec. 31, 1950, or Dec. 31 of the fifth full cal- endar year after the cessation of hostilities of World War II, as determined by proclamation of the President or concurrent resolution of Congress, whichever period was the longer. Subsec. (b). Act Apr. 24, 1945, authorized Secretary, subject to 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 that are due and unpaid as of Apr. 24, 1945, or which would become due prior to the expiration of authority under subsec. (a). Statutory Notes and Related Subsidiaries APPLICABILITY TO OTHER IRRIGATION PROJECTS Pub. L. 86–308, § 3, Sept. 21, 1959, 73 Stat. 585, provided that: ‘‘The provisions of section 17, subsection (b), of the Reclamation Project Act of 1939 [subsec. (b) of this section], as amended by section 1 of this Act, shall apply to any project within the administrative jurisdic- tion of the Bureau of Reclamation to which, if it had been constructed as a project under the Federal rec- lamation laws (Act of June 17, 1902, 32 Stat. 383) and Acts amendatory thereof or supplementary thereto [see Short Title note set out under section 371 of this title]), these provisions would be applicable.’’ § 485c. Repealed. Pub. L. 85–611, § 3, Aug. 8, 1958, 72 Stat. 543 Section, acts Aug. 4, 1939, ch. 418, § 4, 53 Stat. 1189; Apr. 24, 1945, ch. 94, § 1, 59 Stat. 75, related to repayment contracts with the United States. See section 485h(d)(3) of this title. § 485d. Time of payments to the United States The Secretary in this discretion may require, in connection with any contract entered into pursuant to the authority of this subchapter, that the contract provide (1) that the payments for each year to be made to the United States shall become due and payable on such date or dates, not exceeding two, in each year as the Secretary determines will be substantially con- temporaneous with the time or times in each year when water users receive crop returns and (2) if the contract be with an organization, that assessments or levies for the purpose of obtain- ing moneys sufficient to meet the organization’s payments under said contract shall be made and shall become due and payable within a certain period or periods of time prior to the date or dates on which the organization’s payments to the United States are due and payable, said pe- riod or periods of time to be agreed upon in each said contract. The Secretary may provide such deferments of construction charges as in his judgment are nec- essary to prevent said requirements from result- ing in inequitable pyramiding of payments of said charges. (Aug. 4, 1939, ch. 418, § 5, 53 Stat. 1191.)