Page:United States Statutes at Large Volume 78.djvu/199

 78 STAT. ]

PUBLIC LAW 88-278-MAR. 10, 1964

June 30, 1964, and, upon the expiration of not less than sixty calendar days after the submission of this report, he may acquire such lands. (b) Property acquired by the United States under this section shall be available for disposal under the terms of the F a r m Unit Exchange Act of August 13, 1953 (67 Stat. 566), or at public or private sale for not less than the appraised value at the time of such sale. Costs incurred by the Secretary under this section which are not offset by returns from sales shall be nonreimbursable and nonreturnable. SEC. 2. The Secretary is authorized to continue to deliver water to the lands of the third division during calendar years 1964, 1965, and 1966 as under the provisions of section 9, subsection (d)(1), of the Reclamation Project Act of 1939 (53 Stat. 1187, 1195; 43 U.S.C. 485h(d)) but without regard to the time limitation therein specified. Water shall be furnished only upon individual application therefor and upon payment of an amount for each acre to which water is to be furnished to the applicant during the year in question equal to the estimated average cost per acre for all lands to be irrigated that year of operating and maintaining the third division. Prior to the expiration of this three-year period (January 1, 1967), the Secretary shall determine whether there are sufficient lands capable of sustained production under irrigation use in the North Portal, North Pavillion, and Cottonwood Bench areas of the third division to form an economical, feasible unit and shall report, his findings thereon to the Congress. SEC. 3. Notwithstanding any other provision of law, the limitation of lands held in single ownership within the third division which are eligible to receive project water from, through, or by means of project works shall be one hundred and sixty acres of class 1 land or the equivalent thereof in other land classes, as determined by the Secretary. SEC. 4. Construction costs of the third division which the Secretary determines to be assignable to the lands classified as permanently nonproductive shall be nonreturnable and nonreimbursable under the Federal reclamation laws: Provided, That whenever new lands or lands formerly classified as nonproductive, are subsequently classified or reclassified as productive, the repayment obligation of the repayment organization within which such lands are included shall be appropriately increased. SEC. 5. (a) Notwithstanding any other provision of law, any administrative regulation, or the terms of any mortgage or other security instrument, no real property on the third division which has heretofore been mortgaged or otherwise encumbered as securitj' for a debt to the United States or any of its agencies shall be subject to foreclosure or other process of law for enforcement of the debt between the effective date of this Act and December 1, 1964: Provided, Thai nothing contained in the foregoing shall operate to discharge any obligation of the debtor to the United States. (b) Notwithstanding any other provision of law or any administrative regulation, no agency of the United States shall hereafter and prior to December 1, 1964, take as security for a debt to the United States or to that oi- any other agency of the United States any mortgage or other fonn of encumbrance on real property on the third division unless (1) the debt to the United States or its agency has heretofore been incurred and the security has heretofore been given and is required to be continued in connection with a renewal or refinancing of the debt or (2) the debtor specifically waives, with the consent of the Secretary of the Interior, the privilege of selling his land to the United States as provided in the first section of this Act.

157

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