§ 423b. — Suspension of payment of construction charges against areas temporarily unproductive.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC423b]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER V--ADMINISTRATION OF EXISTING PROJECTS
Sec. 423b. Suspension of payment of construction charges against
areas temporarily unproductive
The payment of all construction charges against said areas
temporarily unproductive shall remain suspended until the Secretary of
the Interior shall declare them to be possessed of sufficient productive
power properly to be placed in a paying class, whereupon payment of
construction charges against such areas shall be resumed or shall begin,
as the case may be. Any payments made on such areas shall be credited to
the unpaid balance of the construction charge on the productive area of
each unit. Such credit shall be applied on and after April 23, 1930,
which shall not be construed to require revision of accounts adjusted
before April 23, 1930, under the provisions of this section as
originally enacted. While said lands so classified as temporarily
unproductive and the construction charges against them are suspended,
water for irrigation purposes may be furnished upon payment of the usual
operation and maintenance charges, or such other charges as may be fixed
by the Secretary of the Interior the advance payment of which may be
required, in the discretion of the said Secretary. Should said lands
temporarily classed as unproductive, or any of them, in the future be
found by the Secretary of the Interior to be permanently unproductive,
the charges against them shall be charged off as a permanent loss to the
reclamation fund and they shall thereupon be treated in the same manner
as other permanently unproductive lands as provided in sections 423 to
423g and 610 of this title except that no refund shall be made of the
construction charges paid on such unproductive areas and applied as a
credit on productive areas as herein authorized.
(May 25, 1926, ch. 383, Sec. 43, 44 Stat. 647; Apr. 23, 1930, ch. 205,
46 Stat. 249.)
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, as amended, which enacted sections 423 to 423g and 610 of
this title. Section 610 of this title was omitted from the Code. For
complete classification of this Act to the Code, see Tables.
Amendments
1930--Act Apr. 23, 1930, provided that the credit shall be applied
on or after April 23, 1930, and was not to be construed as requiring
revision of accounts adjusted before such date, and that no refund shall
be made of the charges on unproductive areas and applied as a credit on
productive areas.
Section Referred to in Other Sections
This section is referred to in sections 423d, 423f, 424, 424b, 424d
of this title.
