§ 390mm. — Repayment of construction charges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC390mm]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I-A--RECLAMATION REFORM
Sec. 390mm. Repayment of construction charges
(a) Ownership and pricing limitations inapplicable when repayment
obligation has been discharged
The ownership and full cost pricing limitations of this subchapter
and the ownership limitations provided in any other provision of Federal
reclamation law shall not apply to lands in a district after the
obligation of a district for the repayment of the construction costs of
the project facilities used to make project water available for delivery
to such lands shall have been discharged by a district (or by a person
within the district pursuant to a contract existing on October 12,
1982), by payment of periodic installments throughout a specified
contract term, including individual or district accelerated payments
where so provided in contracts existing on October 12, 1982.
(b) Certification of freedom from ownership and pricing limitations
(1) The Secretary shall provide, upon request of any owner of a
landholding for which repayment has occurred, a certificate
acknowledging that the landholding is free of the ownership or full cost
pricing limitation of Federal reclamation law. Such certificate shall be
in a form suitable for entry in the land records of the county in which
such landholding is located.
(2) Any certificate issued by the Secretary prior to October 12,
1982, acknowledging that the landholding is free of the acreage
limitation of Federal reclamation law is hereby ratified.
(c) Lump sum or accelerated repayment of construction costs
Nothing in this subchapter shall be construed as authorizing or
permitting lump sum or accelerated repayment of construction costs,
except in the case of a repayment contract which is in effect upon
October 12, 1982, and which provides for such lump sum or accelerated
repayment by an individual or district.
(Pub. L. 97-293, title II, Sec. 213, Oct. 12, 1982, 96 Stat. 1269.)
References in Text
Federal reclamation law, referred to in subsecs. (a) and (b), is
defined in section 390aa of this title.
Section Referred to in Other Sections
This section is referred to in section 390cc of this title.
