§ 384. — Extension of time for payment of charges accrued prior to March 2, 1924, and January 1, 1925.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC384]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 384. Extension of time for payment of charges accrued prior
to March 2, 1924, and January 1, 1925
(a) The Secretary of the Interior is authorized and empowered, in
his discretion, to defer the dates of payments of any charges, rentals,
and penalties which have accrued prior to the 2d day of March, 1924,
under the Act of June 17, 1902 (32 Stat. 388), and amendatory and
supplemental acts or prior to that date, as against water users on any
irrigation project being constructed or operated and maintained under
the direction of the Commissioner of Indian Affairs, as may, in his
judgment, be necessary in or concerning any irrigation project existing
on May 9, 1924, under said act: Provided, That no payment shall be
deferred under this section in any particular case beyond March 1, 1927:
Provided, That upon such adjustment being made, any penalties or
interest which may have accrued in connection with such unpaid
construction and operation and maintenance charges shall be canceled,
and in lieu thereof the amount so due, and the payment of which is
hereby extended, shall draw interest at the rate of 5 per centum per
annum, paid annually from the time said amount became due to date of
payment: And provided further, That in case the principal and interest
herein provided for are not paid in the manner and at the time provided
by this section, any penalty provided by the law in effect on May 9,
1924, shall thereupon attach from the date of such default.
(b) Where an individual water user, or individual applicant for a
water right under a Federal irrigation project constructed or being
constructed under the Act of June 17, 1902 (32 Stat. 388), or any act
amendatory thereof or supplementary thereto, makes application prior to
January 1, 1925, alleging that he will be unable to make the payments as
required in subsection (a) of this section, the Secretary of the
Interior is authorized in his discretion prior to March 1, 1925, to add
such accrued and unpaid charges to the construction charge of the land
of such water user or applicant, and to distribute such accumulated
charges equally over each of the subsequent years, beginning with the
year 1925, or, in the discretion of the Secretary, distribute a total of
one-fourth over the first half of the remaining years of the 20-year
period beginning with the year 1925, and three-fourths over the second
half of such period, so as to complete the payment during the remaining
years of the 20-year period of payment of the original construction
charge: Provided, That upon such adjustment being made, any penalties or
interest which may have accrued in connection with such unpaid
construction and operation and maintenance charges shall be canceled,
and in lieu thereof the amount so due, and the payment of which is
extended, shall draw interest at the rate of 5 per centum per annum,
paid annually from the time said amount became due to the date of
payment: Provided further, That the applicant for the extension shall
first show to the satisfaction of the Secretary of the Interior detailed
statement of his assets and liabilities and probable inability to make
payment at the time required in subsection (a) of this section: And
provided further, That in case the principal and interest herein
provided for are not paid in the manner and at the time provided by this
section, any penalty provided by law, prior to May 9, 1924, shall
thereupon attach from the date of such default: And provided further,
That similar relief in whole or in part may be extended by the Secretary
of the Interior to a legally organized group of water users of a
project, upon presentation of a sufficient number of individual showings
made in accordance with the foregoing proviso to satisfy the Secretary
of the Interior that such extension is necessary.
(May 9, 1924, ch. 150, Secs. 1, 2, 43 Stat. 116.)
References in Text
Act of June 17, 1902, referred to in text, is popularly known as the
Reclamation Act, which is classified generally 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.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out
under section 1451 of this title.
