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PUBLIC LAW 85-611-AUG. 8, 1958

[72 S T A T.

of actual receipts during the calendar year, and in order to avoid the omission of a payment or a reduction in the amount that would cause unnecessary hardship the Secretary may permit the total monthly payments for a year to exceed 85 per centum of the actual receipte for that year and deduct the excess from the receipts of the following or succeeding years before determining the amount of the monthly payments for such succeeding years: Provided further, That said per capita payments shall not be subject to any lien or claim of any nature against any of the members of said tribes unless the business council of such member shall consent thereto in writing, except as to reimbursable Treasury loans made to individual members of either tribe which may be due to the United States, and except as to irrigation charges owed by individual Indians to the United States with respect to lands for which water is requested and received by said individual Indians, and with respect to lands that are determined by the Secretary of the Interior to be properly classified under existing law on the basis of the survey undertaken by the Secretary after the amendment ^^25 USC 613 and of this Act ou July 25, 1956 (70 Stat. 642): Provided further, That (quarterly per capita payments under this Act shall continue without interruption until the monthly per capita payments are put into effect on or before January 1, 1959." Approved August 8, 1958.

Public Law 85-611 August 8, 1958 - ["' • 8645]

AN ACT rj^ amend section 9, subsection (d), of the Reclamation Project Act of 1939, and for other related purposes.

Be it enacted by the Senate and House of Representatives of the Reclamation re- United States of America in Congress assembled, That paragraph (3) tracts.* of section 9, subsection (d), of the Keclamation Project Act of 1939 43 USC 485h. ^53 g^^^ ^^^^^ -^^gg^ jg hereby amended to read as follows: Variable plan. "That the general repayment obligation of the organization shall be spread in annual installments, of the number and amounts fixed by the Secretary, over a period of not more than 40 years, exclusive of any development period fixed under paragraph (1) of this subsection, for any project contract unit or, if the project contract unit be divided into two or more irrigation blocks, for any such block, or as near to said period of not more than forty years as is consistent with the adoption and operation of a variable payment formula which, being based on full repayment within such period under average conditions, permits variance in the required annual payments in the light of economic factors pertinent to the ability of the organization to pay." Water storage g^c. 2. The benefits of a variable payment plan as provided in the amendment to paragraph (3) of section 9, subsection (d), of the Rec43 USC 485h. lamation Project Act of 1939 contained in section 1 of this Act may be extended by the Secretary to any organization with which he contracts or has contracted for the repayment of construction costs allocated to irrigation on any project undertaken by the United States, 16 USC 590y- including contracts under the Act of August 11, 1939 (53 Stat. 1418), 590z as amended, and contracts for the storage of water or for the use of 43 USC 390. stored water under section 8 of the Act o? December 22, 1944 (58 Stat. 887, 891). In the case of any project for which a maximum repayment period longer than that prescribed in said paragraph (3) has been or is allowed by Act of Congress, the period so allowed may be used by the Secretary in lieu of the forty-year period provided in said amendment to paragraph (3).

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