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43 U.S.C. § 390pp — Involuntary foreclosure
Federal law — U.S. Code and appendices · legal_authorities
Neither the ownership limitations of this subchapter nor the ownership limitations of any other provision of Federal reclamation law shall apply to lands when the lands are acquired by involuntary foreclosure, or similar involuntary process of law, by bona fide conveyance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), by inheritance, or by devise: Provided, That such lands were eligible to receive irrigation water prior to such transfer of title or the mortgaged lands became ineligible to receive water after the mortgage is recorded but before it is acquired by involuntary foreclosure or similar involuntary process of law or by bona fide conveyance in satisfaction of mortgage: Provided further, That if, after acquisition, such lands are not qualified under Federal reclamation law, including this subchapter, they shall be furnished temporarily with an irrigation water supply for a period not exceeding five years from the effective date of such an acquisition, delivery of irrigation water thereafter ceasing until the transfer thereof to a landowner qualified under such laws: Provided further, That the provisions of [section 390ee of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390ee&num=0&edition=prelim) shall be applicable separately to each acquisition under this section if the lands are otherwise subject to the provisions of [section 390ee of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390ee&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-43/section-390pp-involuntary-foreclosure--98d093fe85.md
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Source location: Title 43, Chapter 12, § 390pp; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md
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Neither the ownership limitations of this subchapter nor the ownership limitations of any other provision of Federal reclamation law shall apply to lands when the lands are acquired by involuntary foreclosure, or similar involuntary process of law, by bona fide conveyance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), by inheritance, or by devise: Provided, That such lands were eligible to receive irrigation water prior to such transfer of title or the mortgaged lands became ineligible to receive water after the mortgage is recorded but before it is acquired by involuntary foreclosure or similar involuntary process of law or by bona fide conveyance in satisfaction of mortgage: Provided further, That if, after acquisition, such lands are not qualified under Federal reclamation law, including this subchapter, they shall be furnished temporarily with an irrigation water supply for a period not exceeding five years from the effective date of such an acquisition, delivery of irrigation water thereafter ceasing until the transfer thereof to a landowner qualified under such laws: Provided further, That the provisions of [section 390ee of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390ee&num=0&edition=prelim) shall be applicable separately to each acquisition under this section if the lands are otherwise subject to the provisions of [section 390ee of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390ee&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter shall amend and supplement the Act of June 17, 1902, and Acts supplementary thereto and amendatory thereof ([43 U.S.C. 371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section371&num=0&edition=prelim)), hereinafter referred to as “Federal reclamation law”. This subchapter may be referred to as the “Reclamation Reform Act of 1982”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390aa
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delivery of irrigation water at full cost** Notwithstanding any other provision of law, any contract with a district entered into by the Secretary as specified in [section 390cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390cc&num=0&edition=prelim), shall provide for the delivery of irrigation water at full cost as defined in [section 390bb(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390bb/3&num=0&edition=prelim) to:
(1) a landholding in excess of nine hundred and sixty acres of class I lands or the equivalent thereof for a qualified recipient,11 So in original. The comma probably should be a semicolon.
(2) a landholding in excess of three hundred and twenty acres of class I land or the equivalent thereof for a limited recipient receiving irrigation water on or before October 1, 1981; and
(3) the entire landholding of a limited recipient not receiving irrigation water on or before October 1, 1981: Provided, That the interest rate used in computing full cost under this paragraph shall be determined by the Secretary of the Treasury on the basis of the arithmetic average of—
(A) the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issuance; and
(B) the weighted average of market yields on all interest-bearing, marketable issues sold by the Treasury
during the fiscal year preceding the fiscal year in which the expenditures are made, or October 12, 1982, for expenditures made before October 12, 1982.
**(b) Delivery of irrigation water at prior terms and conditions** Any contract with a district entered into by the Secreta
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390ee
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Federal law — U.S. Code and appendices · legal_authorities
Page 124
TITLE 43—PUBLIC LANDS
§ 390nn
(2) Any certificate issued by the Secretary
prior to October 12, 1982, acknowledging that the
landholding is free of the acreage limitation of
Federal reclamation law is hereby ratified.
(c) Lump sum or accelerated repayment of con-
struction costs
Nothing in this subchapter shall be construed
as authorizing or permitting lump sum or accel-
erated repayment of construction costs, except
in the case of a repayment contract which is in
effect upon October 12, 1982, and which provides
for such lump sum or accelerated repayment by
an individual or district.
(Pub. L. 97–293, title II, § 213, Oct. 12, 1982, 96
Stat. 1269.)
Editorial Notes
REFERENCES IN TEXT
Federal reclamation law, referred to in subsecs. (a)
and (b), is defined in section 390aa of this title.
§ 390nn. Trusts
(a) The ownership and full cost pricing limita-
tions of this subchapter and the ownership limi-
tations provided in any other provision of Fed-
eral reclamation law shall not apply to lands in
a district which are held by an individual or cor-
porate trustee in a fiduciary capacity for a bene-
ficiary or beneficiaries whose interests in the
lands served do not exceed the ownership and
pricing limitations imposed by Federal reclama-
tion law, including this subchapter.
(b) Lands placed in a revocable trust shall be
attributable to the grantor if—
(1) the trust is revocable at the discretion of
the grantor and revocation results in the title
to such lands reverting either directly or indi-
rectly to the grantor; or
(2) the trust is revoked or terminated by its
terms upon the expiration of a specified period
of time and the revocation or termination re-
sults in the title to such lands reverting either
directly or indirectly to the grantor
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 390pp
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