43 U.S.C. § 384 : US Code - Section 384: Extension of time for payment of charges accrued prior to March 2, 1924, and January 1, 1925

Search 43 U.S.C. § 384 : US Code - Section 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.