Page:United States Statutes at Large Volume 53 Part 2.djvu/716

 PUBLIC LAWS-CH. 418-AUG. 4, 1939 Repayment prob- SEC. 7. (a) The Secretary is hereby authorized and directed to le,ie investigate the repayment problems of any existing project contract unit in connection with which, in his judgment, a contract under section 3 or 4 of this Act 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 Act. Work now under (b) For any project, division of a project, development unit of a construction, alloca- tions of costs. project, or supplemental works on a project, now under construction or for which appropriations have been made, and in connection with which a repayment contract has not been executed, allocations of costs may be made in accordance with the provisions of section Negotiation of re- 9 of this Act and a repayment contract may be negotiated, in the paymen contract. discretion of the Secretary, (1) pursuant to the authority of subsec- tion (a) of this section or (2) in accordance, as near as may be, with Development peri- the provisions in subsection 9 (d) or 9 (e) of this Act. In con- nection 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 con- tract, may fix a development period for each irrigation block, if any, of not to exceed ten years from and including the first year in DPr o water which water is delivered for the lands in said block: Provided, That at clse. in the event a development period is fixed prior to execution of a repayment contract, execution thereof shall be a condition prece- dent to delivery of water after the close of the development period. Delivery during de- During any such development period water shall be delivered to velopment period on toll-charge basis on 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. Pend- ing 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 the date of this Act on the same toll-charge basis. Any such toll charges collected and which the Secretary determines to be in excess of the cost of opera- tion and maintenance during the toll-charge period shall be credited to the construction cost of the project in the manner determined by the Secretary. Report to Congress. (C) 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. olassification SEO. 8 . (a) The Secretary is hereby authorized and directed in the manner hereinafter provided to classify or to reclassify, from time to time but not more often than at five-year intervals, as to irrigability and productivity those lands which have been, are, or may be included within any project. Request required. (b) No classification or reclassification pursuant to the authority of this Act shall be undertaken unless a request therefor, by an organization or duly authorized representatives of the water users, in the form required by subsection (c) of this section has been made wcrketary to plan he Secretary. The Secretary shall plan the classification work, undertaken pursuant to the authority of this section, in such manner as in his judgment will result in the most expeditious completion of the work. cReqest for land (C) In any request made to the Secretary for a land classification accompanied by list or reclassification under this section, the organization or representa- of lands to be exam- ied.s to bee tives of the water users shall furnish a list of those lands which are considered to be of comparatively low productivity or to be nonpro- [53STAT.

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