43 U.S.C. § 423e — Completion of new projects or new divi-

Page 148 TITLE 43—PUBLIC LANDS § 423e ciation or irrigation district whereby such asso- ciation or irrigation district shall be required to pay to the United States, without regard to de- fault in the payment of charges against any in- dividual farm unit or tract of irrigable land, the entire charges against all productive lands re- maining in the project after the permanently unproductive lands shall have been eliminated and the charges against temporarily unproduc- tive areas shall have been suspended in the man- ner and to the extent authorized and directed by sections 423 to 423g and 610 of this title. The Secretary is authorized, in his discretion, upon request of individual water users or dis- tricts, and upon performance of the condition precedent above set forth, to amend any existing water-right contract to provide for increase in the time for payment of construction charges, which have not been accrued, to the extent that may be necessary under the conditions in each case, subject to the limitation that there shall be allowed for repayment not more than forty years from the date the first payment matured under the original contract, and also to extend the time for payment of operation and mainte- nance or water-rental charges due and unpaid for such period as in his judgment may be nec- essary not exceeding five years, the charges so extended to bear interest payable annually at the rate of 6 per centum per annum until paid, and to contract for the payment of the construc- tion charges then due and unpaid within such term of years as the Secretary may find to be necessary, with interest payable annually at the rate of 6 per centum per annum until paid. The Secretary of the Interior is authorized to complete and execute the supplemental con- tract, being negotiated on May 25, 1926, and which had, on that date, been approved as to form by the Secretary, between the United States and the Belle Fourche Irrigation District and at the expiration of said supplemental con- tract to enter into a permanent contract on be- half of the United States with said District in accordance with the terms of said supplemental contract. (May 25, 1926, ch. 383, § 45, 44 Stat. 648.) Editorial Notes REFERENCES IN TEXT Sections 423 to 423g and 610 of this title, referred to in text, was in the original ‘‘this Act’’, meaning act of May 25, 1926, ch. 383, 44 Stat. 636, which enacted sec- tions 423 to 423g and 610 of this title. Section 610 of this title was omitted from the Code. For complete classi- fication of this Act to the Code, see Tables. CODIFICATION Section constitutes a part of section 45 of act May 25, 1926. The remainder of said section 45 (the third par. and the fourth par., except the final proviso, which is classified as the last par. of this section) has been omit- ted. § 423e. Completion of new projects or new divi- sion; execution of contract with district as condition precedent to delivery of water; contents of contract; cooperation of States with United States; limitations on sale of land No water shall be delivered upon the comple- tion of any new project or new division of a project until a contract or contracts in form ap- proved by the Secretary of the Interior shall have been made with an irrigation district or ir- rigation districts organized under State law pro- viding for payment by the district or districts of the cost of constructing, operating, and main- taining the works during the time they are in control of the United States, such cost of con- structing to be repaid within such terms of years as the Secretary may find to be necessary, in any event not more than forty years from the date of public notice hereinafter referred to, and the execution of said contract or contracts shall have been confirmed by a decree of a court of competent jurisdiction. Prior to or in connec- tion with the settlement and development of each of these projects, the Secretary of the Inte- rior is authorized in his discretion to enter into agreement with the proper authorities of the State or States wherein said projects or divi- sions are located whereby such State or States shall cooperate with the United States in pro- moting the settlement of the projects or divi- sions after completion and in the securing and selecting of settlers. Such contract or contracts with irrigation districts hereinbefore referred to shall further provide that all irrigable land held in private ownership by any one owner in excess of one hundred and sixty irrigable acres shall be appraised in a manner to be prescribed by the Secretary of the Interior and the sale prices thereof fixed by the Secretary on the basis of its actual bona fide value at the date of appraisal without reference to the proposed construction of the irrigation works; and that no such excess lands so held shall receive water from any project or division if the owners thereof shall refuse to execute valid recordable contracts for the sale of such lands under terms and condi- tions satisfactory to the Secretary of the Inte- rior and at prices not to exceed those fixed by the Secretary of the Interior; and that until one- half the construction charges against said lands shall have been fully paid no sale of any such lands shall carry the right to receive water un- less and until the purchase price involved in such sale is approved by the Secretary of the In- terior and that upon proof of fraudulent rep- resentation as to the true consideration in- volved in such sales the Secretary of the Inte- rior is authorized to cancel the water right at- taching to the land involved in such fraudulent sales: Provided, however, That if excess land is acquired by foreclosure or other process of law, by conveyance in satisfaction of mortgages, by inheritance, or by devise, water therefor may be furnished temporarily for a period not exceeding five years from the effective date of such acqui- sition, delivery of water thereafter ceasing until the transfer thereof to a landowner duly quali- fied to secure water therefor: Provided further, That the operation and maintenance charges on account of lands in said projects and divisions shall be paid annually in advance not later than March 1. It shall be the duty of the Secretary of the Interior to give public notice when water is actually available, and the operation and main- tenance charges payable to the United States for the first year after such public notice shall be transferred to and paid as a part of the con- struction payment. Page 149 TITLE 43—PUBLIC LANDS § 424 (May 25, 1926, ch. 383, § 46, 44 Stat. 649; July 11, 1956, ch. 563, § 1, 70 Stat. 524.) Editorial Notes AMENDMENTS 1956—Act July 11, 1956, authorized delivery of water for not more than five years to excess lands acquired by foreclosure or other process of law, by conveyance in satisfaction of mortgages, by inheritance, or by devise. Statutory Notes and Related Subsidiaries IMPERIAL IRRIGATION DISTRICT OF CALIFORNIA; NONAPPLICABILITY OF FEDERAL RECLAMATION LAWS Pub. L. 96–570, § 4, Dec. 22, 1980, 94 Stat. 3340, provided that: ‘‘The following provisions of the Federal reclama- tion laws shall not apply to lands within the Imperial Irrigation District of California after the date of enact- ment of this Act [Dec. 22, 1980]: ‘‘(a) section 5 of the Act entitled ‘An Act appro- priating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands’, approved June 17, 1902 (43 U.S.C. 431); ‘‘(b) section 46 of the Act entitled ‘An Act to adjust water-right charges, to grant certain other relief on the Federal irrigation projects, and for other pur- poses’, approved May 25, 1926 (42 U.S.C. 423e) [this sec- tion]; and ‘‘(c) any other provision of law amendatory or sup- plementary to either of such sections.’’ AMENDMENT OF EXISTING CONTRACTS Act July 11, 1956, ch. 563, § 3, 70 Stat. 524, provided that: ‘‘The Secretary of the Interior is authorized, upon request of any holder of an existing contract under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), to amend the contract to conform to the pro- visions of sections 1 and 2 of this Act [amending sec- tions 423e and 544 of this title].’’ § 423f. Purpose of sections 423 to 423g and 610 The purpose of sections 423 to 423g and 610 of this title is the rehabilitation of the several rec- lamation projects and the insuring of their fu- ture success by placing them upon a sound oper- ative and business basis, and the Secretary of the Interior is directed to administer said sec- tions to those ends. (May 25, 1926, ch. 383, § 48, 44 Stat. 650.) Editorial Notes REFERENCES IN TEXT Sections 423 to 423g and 610 of this title, referred to in text, was in the original ‘‘this Act’’, meaning act of May 25, 1926, ch. 383, 44 Stat. 636, which enacted sec- tions 423 to 423g and 610 of this title. Section 610 of this title has been omitted from the Code. For complete classification of this Act to the Code, see Tables. § 423g. Adjustment of water right charges as final adjudication on projects and divisions named The adjustments under sections 1 to 40, inclu- sive, of the Act of Congress of May 25, 1926, 44 Statutes 636, are declared to be an incident of the operation of the ‘‘reclamation law,’’ a final adjudication on the projects and divisions named in such sections under the authority con- tained in section 466 of this title, and shall not after May 25, 1926, be construed to be the basis of reimbursement to the ‘‘reclamation fund’’ from the general fund of the Treasury or by the diversion to the ‘‘reclamation fund’’ of revenue of the United States not on May 25, 1926, re- quired by law to be credited to such ‘‘reclama- tion fund.’’ (May 25, 1926, ch. 383, § 50, 44 Stat. 650.) Editorial Notes REFERENCES IN TEXT Sections 1 to 40 of the Act of May 25, 1926, referred to in text, are not classified to the Code. The reclamation law, referred to in text, probably means act June 17, 1902, ch. 1093, 32 Stat. 388, as amend- ed, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete clas- sification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. § 423h. Delivery of water to excess lands upon death of spouse Where the death of a husband or wife causes lands in private ownership to become excess lands, as that term is used in section 423e of this title, and those lands had theretofore been eligi- ble to receive water from a project under the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereto) without execution of a recordable contract under section 423e of this title, the Secretary of the Interior is authorized to furnish water to them, without requiring execution of such a contract, so long as they remain in the owner- ship of the surviving spouse: Provided, That in the event of the remarriage of the surviving spouse, such lands shall be governed by applica- ble law without regard to the provisions of this section. (Pub. L. 86–684, Sept. 2, 1960, 74 Stat. 732.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified gen- erally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. § 424. Disposal of lands classified as temporarily or permanently unproductive; persons who may take The Secretary of the Interior, hereinafter styled the Secretary, is authorized in connec- tion with Federal irrigation projects to dispose of vacant public lands designated under sections 423 to 423g and 610 of this title, as temporarily unproductive or permanently unproductive to resident farm owners, and resident entrymen on Federal irrigation projects, in accordance with the provisions of sections 424 to 424e of this title. (May 16, 1930, ch. 292, § 1, 46 Stat. 367.) Editorial Notes REFERENCES IN TEXT Sections 423 to 423g and 610 of this title, referred to in text, was in the original ‘‘the Act of May 25, 1926’’, meaning act of May 25, 1926, ch. 383, 44 Stat. 636, which enacted sections 423 to 423g and 610 of this title. Sec-