43 U.S.C. § 421c | Conditions of loan for distribution and drainage systems; reconveyance by Secretary of lands, interests in lands, and distribution works heretofore conveyed to the United States; conditions of reconveyance; rights of way

Provided1

1 See References in Text note below.

section 8124 of title 38 1ProvidedThe Secretary shall require, as conditions to any such loan, that the borrower contribute in money or materials, labor, lands, or interests in land, computed at their reasonable value, a portion not in excess of 10 per centum, of the construction cost of the distribution and drainage system (including all costs of acquiring lands and interests in land), that the plans for the system be in accord with sound engineering practices and be such as will achieve the purposes for which the system was authorized, and that the borrower agree to account in full in regard to all disbursements of borrowed funds and to return at once for application toward amortization of the loan all funds which are not expended in the construction of the distribution and drainage system. Every organization contracting for repayment of a loan under sections 421a to 421h of this title shall operate and maintain its distribution and drainage works in conformity with reasonable contractual requirements determined to be appropriate for the protection of the United States. The Secretary is hereby authorized to reconvey to borrowers all lands or interests in lands and distribution works transferred to the United States under the provisions of sections 421a to 421h of this title: , That any reconveyance shall be upon the condition that the repayment contract of the borrower be amended to include such provisions as the Secretary shall deem necessary or proper to provide assurance of and security for prompt repayment of the loan. The head of any department or agency of the Government within whose administrative jurisdiction are lands owned by the United States the use of which is reasonably necessary for the construction, operation, and maintenance of distribution and drainage works under sections 421a to 421h of this title may grant to a borrower or prospective borrower under sections 421a to 421h of this title revocable permission for the use thereof in like manner as under sections 79  and 524 of title 16, sections 323 to 328 of title 25, , or sections 931a to 931d, 946 to 950, 956, and 959  of this title, or any other similar Act which is applicable to the lands involved: , That no such permission shall be granted in the case of lands being administered for national park, national monument, or wildlife purposes.

July 4, 1955, ch. 271, § 3 69 Stat. 245 May 14, 1956, ch. 268 70 Stat. 155 Pub. L. 92–487Oct. 13, 197286 Stat. 804 Pub. L. 102–40, title IV, § 402(d)(2)May 7, 1991105 Stat. 239(, ; , ; , , ; , , .)

Editorial Notes

References in Text

section 79 of title 16 section 959 of this titleFebruary 15, 190131 Stat. 790 16 U.S.C. 79 43 U.S.C. 959 act of Feb. 15, 1901, ch. 372 section 959 of Title 43 section 100902(a) of Title 54 Pub. L. 113–287Dec. 19, 2014128 Stat. 3094The references in text to and are translations of a reference in the original to the act of “ (), as amended (, 522; )”, meaning , which is classified to , Public Lands. The Act, insofar as it related to National Park System units, was repealed and reenacted as , National Park Service and Related Programs, by , §§ 3, 7, , , 3272.

Codification

Section 8124 of title 38 section 5024 of title 38 section 5014 of title 38 section 5014 of title 38 Pub. L. 96–22, title III, § 301(b)(1)June 13, 197993 Stat. 61 section 5014 of title 38 section 11i of title 38 Pub. L. 85–857, § 5(a)Sept. 2, 195872 Stat. 1281“” substituted in text (see 1991 Amendment note below) for “”, which previously had been substituted for “” as the probable intent of Congress in view of the renumbering of as section 5024 by , , . Previously, “” had been substituted for “” on authority of , , , the first section of which enacted Title 38, Veterans’ Benefits.

Amendments

Pub. L. 102–40 section 8124 of title 38 section 5024 of title 381991— substituted “” for “”. See Codification note above.

Pub. L. 92–4871972— inserted provision subjecting drainage systems to the requirements of this section, substituted provisions authorizing the Secretary to reconvey to borrowers all land or interests in land and distribution works transferred to the United States under the provisions of sections 421a to 421h of this title, with the proviso relating to the amendment of the repayment contract, for provisions requiring borrowers, prior to the consummation of any loan, to transfer to the United States any lands or interests in lands presently held or acquired in the future which the Secretary finds necessary for the construction, operation, or maintenance of distribution systems, with title to all such lands, etc., subject to retransfer to the borrower by the Secretary upon repayment of the loan, to remain in the United States, and struck out provisions which restricted applicability of provisions to provisions relating to Federal reclamation laws.

May 14, 19561956—Act , provided that the Secretary, as conditions to loan, require borrower to account for disbursements of borrowed funds and return for application toward amortization of the loan all funds not expended in the construction of the distribution system, required, prior to the consummation of any loan, the transfer to the United States of titles to lands or interests in lands held by the borrower, and that titles to such lands, interests, and distribution works remain in United States until repayment, and provided for issuance of revocable permits for the use of lands owned by United States, in lieu of the formerly authorized actual conveyance to the districts of the rights-of-way.