43 U.S.C. § 482 — Omitted

Page 161 TITLE 43—PUBLIC LANDS § 485 entry of any such persons so filing such notice of acceptance shall be subject to all the provisions of such sections. (Aug. 13, 1914, ch. 247, §§ 2, 14, 38 Stat. 687, 690; July 26, 1916, ch. 257, 39 Stat. 390.) Editorial Notes REFERENCES IN TEXT The reclamation law, referred to in text, is defined in section 472 of this title. § 476. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029 Section, act June 17, 1902, ch. 1093, § 5, 32 Stat. 389, provided for payment of construction charges to reg- ister and receiver of local land office. § 477. Association or irrigation district as fiscal agent of Government The Secretary of the Interior is authorized, in his discretion, to designate and appoint, under such rules and regulations as he may prescribe, the legally organized water-users’ association or irrigation district, under any reclamation project, as the fiscal agent of the United States to collect the annual payments on the construc- tion charge of the project and the annual charges for operation and maintenance and all penalties: Provided, That no water-right appli- cant or entryman shall be entitled to credit for any payment thus made until the same shall have been paid over to an officer designated by the Secretary of the Interior to receive the same. (Aug. 13, 1914, ch. 247, § 7, 38 Stat. 688.) § 478. Pecuniary penalty for nonpayment of in- stallments of construction charges If any water-right applicant or entryman shall have, prior to December 5, 1924, failed to pay any installment of his construction charges when due, there shall be added to the amount unpaid a penalty of 1 per centum thereof, and there shall be added a like penalty of 1 per centum of the amount unpaid on the first day of each month thereafter so long as such default shall have continued: Provided, That the penalty of 1 per centum per month against delinquent ac- counts, is reduced to one-half of 1 per centum per month, as to all installments which may be- come due after December 5, 1924. (Aug. 13, 1914, ch. 247, § 3, 38 Stat. 687; Dec. 5, 1924, ch. 4, § 4, subsec. H, 43 Stat. 703.) Editorial Notes CODIFICATION Section consolidates first sentence of act Aug. 13, 1914, § 3, with act Dec. 5, 1924, § 4, subsec. H. § 479. Shutting off water for nonpayment of con- struction charge 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 annual construction charge and penalties. (Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688.) Editorial Notes CODIFICATION Section is comprised of part of first sentence of sec- tion 6 of act Aug. 13, 1914. Remainder of first sentence of such section 6 is classified to sections 493, 494, and 495 of this title; second and third sentences of such sec- tion 6 are classified to sections 496 and 497 of this title, respectively. § 480. Cancellation of water right or entry for nonpayment of construction charge If any water-right applicant or entryman shall be one year in default in the payment of any in- stallment of the construction charges and pen- alties, or any part thereof, his water-right appli- cation, and if he be a homestead entryman his entry also, shall be subject to cancellation, and all payments made by him forfeited to the rec- lamation fund, but no homestead entry shall be subject to contest because of such default. (Aug. 13, 1914, ch. 247, § 3, 38 Stat. 687.) § 481. Action to recover construction charges and penalties If the Secretary of the Interior shall so elect, he may cause suit or action to be brought for the recovery of the amount of the construction charges in default and penalties; but if suit or action be brought, the right to declare a can- cellation and forfeiture of the entry or water- right application as provided in section 480 of this title shall be suspended pending such suit or action. (Aug. 13, 1914, ch. 247, § 3, 38 Stat. 687.) § 482. Omitted Editorial Notes CODIFICATION Section, act May 10, 1926, ch. 277, 44 Stat. 479, author- ized 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 sec- tion 485b of this title. SUBCHAPTER X—PAYMENT OF CONSTRUCTION CHARGES § 485. Declaration of policy For the purpose of providing for United States reclamation projects a feasible and comprehen- sive plan for an economical and equitable treat- ment of repayment problems and for variable payments of construction charges which can be met regularly and fully from year to year during periods of decline in agricultural income and un- satisfactory conditions of agriculture as well as during periods of prosperity and good prices for agricultural products, and which will protect adequately the financial interest of the United States in said projects, obligations to pay con- struction charges may be revised or undertaken pursuant to the provisions of this subchapter. (Aug. 4, 1939, ch. 418, § 1, 53 Stat. 1187.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this Act’’, meaning act Aug. 4, 1939, ch. 418, 53