§ 485f. — Negotiation of equitable contracts by Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC485f]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER X--PAYMENT OF CONSTRUCTION CHARGES
Sec. 485f. Negotiation of equitable contracts by Secretary
(a) Existing project contract unit
The Secretary is authorized and directed to investigate the
repayment problems of any existing project contract unit in connection
with which, in his judgment, a contract under section 485b or 485c \1\
of this title would not be practicable nor provide an economically sound
adjustment, and to negotiate a contract which, in his judgment, both
would provide fair and equitable treatment of the repayment problems
involved and would be in keeping with the general purpose of this
subchapter.
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\1\ See References in Text note below.
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(b) New projects or projects under construction; public lands;
development periods
For any project, division of a project, development unit of a
project, or supplemental works on a project, under construction on
August 4, 1939, or for which appropriations had been made, and in
connection with which a repayment contract had not been executed,
allocations of costs may be made in accordance with the provisions of
section 485h of this title and a repayment contract may be negotiated,
in the discretion of the Secretary, (1) pursuant to the authority of
subsection (a) of this section or (2) in accordance, as near as may be,
with the provisions in section 485h(d) or 485h(e) of this title. In
connection with any such project, division, or development unit, on
which the majority of the lands involved are public lands of the United
States, the Secretary, prior to entering into a repayment contract, may
fix a development period for each irrigation block, if any, of not to
exceed ten years from and including the first year in which water is
delivered for the lands in said block: Provided, That in the event a
development period is fixed prior to execution of a repayment contract,
execution thereof shall be a condition precedent to delivery of water
after the close of the development period. During any such development
period water shall be delivered to the lands in the irrigation block
involved only on a toll-charge basis, at a charge per annum per acre-
foot to be fixed by the Secretary each year and to be collected in
advance of delivery of water. Pending negotiation and execution of a
repayment contract for any other such project, division, or development
unit, water may be delivered for a period of not more than five years
from August 4, 1939, on the same toll-charge basis. Any such toll
charges collected and which the Secretary determines to be in excess of
the cost of operation and maintenance during the toll-charge period
shall be credited to the construction cost of the project in the manner
determined by the Secretary.
(c) Report of proposed contracts to Congress; approval; amendment after
approval
The Secretary from time to time shall report to the Congress on any
proposed contracts negotiated pursuant to the authority of subsection
(a) or (b)(1) of this section, and he may execute any such contract on
behalf of the United States only after approval thereof has been given
by Act of Congress. Contracts, so approved, however, may be amended from
time to time by mutual agreement and without further approval by
Congress if such amendments are within the scope of authority granted
prior to or after April 24, 1945, to the Secretary under any Act, except
that amendments providing for repayment of construction charges in a
period of years longer than authorized by this subchapter, as it may be
amended, shall be effective only when approved by Congress.
(Aug. 4, 1939, ch. 418, Sec. 7, 53 Stat. 1192; Apr. 24, 1945, ch. 94,
Sec. 2, 59 Stat. 76.)
References in Text
Section 485c of this title, referred to in subsec. (a), was repealed
by Pub. L. 85-611, Sec. 3, Aug. 8, 1958, 72 Stat. 543.
Amendments
1945--Subsec. (c). Act Apr. 24, 1945, added second sentence.
Extension of Secretary's Authority To Enter Into Amendatory Contracts
Secretary's authority extended through Dec. 31, 1960, see section
485b-1 of this title.
