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43 U.S.C. § 451 — Conditions necessary for exchange; terms; credits; rights nonassignable

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 451 — Conditions necessary for exchange; terms; credits; rights nonassignable

Any entryman on an unpatented farm unit on a Federal irrigation project which shall be found by the Secretary of the Interior, pursuant to a land classification, to be insufficient to support a family shall be entitled, upon timely application to the Secretary to exchange his farm unit for another farm unit of unentered public land within the same or any other such project, or, upon terms and conditions satisfactory to the Secretary, for any other available farm unit on the same or any other such project. He shall be given credit under the homestead laws for residence, improvement, and cultivation made or performed upon the original entry, and if satisfactory final proof of residence, improvement, and cultivation has been made on the original entry it shall not be necessary to submit such proof upon the lieu entry. Rights under this subchapter shall not be assignable.

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Source location: Title 43, Chapter 12, § 451; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 835c — Duties of Secretary of the Interior

**(a) Administer, sell, and exchange lands, dedicate portions for public purposes, etc.** For the purposes of assisting in the permanent settlement of farm families, protecting project land, and facilitating project development, the Secretary is authorized to administer public lands of the United States in the project area and lands acquired under this section; to sell, exchange, or lease such lands; to dedicate portions of such lands for public purposes in keeping with sound project development; to acquire in the name of the United States, at prices satisfactory to him, such lands or interests in lands, within or adjacent to the project area, as he deems appropriate for the protection, development, or improvement of the project; and to accept donations of real and personal property for the purposes of this Act. Any moneys realized on account of donations for purposes of this Act shall be covered into the Treasury as trust funds. **(b) Terms of contracts; qualifications of applicants; prohibited disposals** Contracts, exchanges, and leases made under this section shall be on terms that, in the Secretary’s judgment, are in keeping with sound project development. In addition, land sale and exchange contracts shall be on a basis that, in the Secretary’s judgment, provides for the return, in a reasonable period of years, of not less than the appraised value of the land and improvements thereon. Qualification of applicants for the purchase of land for irrigation farming shall be prescribed as provided in [section 433 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section433&num=0&edition=prelim), notwithstanding any other provisions of law. No farm unit shall be sold to, and no contract to sell a farm unit shall be entered into with, any p

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 451a — Persons eligible for benefits

The benefits of [section 451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section451&num=0&edition=prelim) shall, and those of sections 451b to 451k of this title may, be extended by the Secretary to (a) any lawful assignee of an unpatented farm unit on a Federal irrigation project who took the assignment in good faith not knowing and not having reason to believe the farm unit to be insufficient to support a family; and (b) any resident owner of private lands on any such project whose lands shall be found to be insufficient to support a family and (i) who, apart from his ownership of the lands to be conveyed pursuant to clause (iii) hereof and apart from his having previously exhausted his homestead right, if such be the case, is eligible to enter unappropriated public lands under section 161 11 See References in Text note below. of this title, (ii) who lawfully acquired his lands as an entire farm unit under the Federal reclamation laws from the United States or, in the case of a widow, widower, heir, or devisee, from a spouse or ancestor, as the case may be, who so acquired them, and (iii) who conveys, free from all encumbrances, to the United States all of his lands served by the project or such portion thereof as the Secretary may designate.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 451 — Conditions necessary for exchange; terms;

Page 155 TITLE 43—PUBLIC LANDS § 451b 1 So in original. Probably should be ‘‘Act’’. 1 See References in Text note below. entryman shall begin to run from the date of no- tice of such abandonment of the project and the restoration to the public domain of the lands withdrawn in connection therewith, and credit shall be allowed for all expenditures and im- provements theretofore made on any such desert-land entry of which proof has been or may be filed; but if the reclamation project is carried to completion so as to make available a water supply for the land embraced in any such desert-land entry the entryman shall thereupon comply with all the provisions of the aforesaid action 1 of June 17, 1902, and shall relinquish within a reasonable time after notice as the Sec- retary may prescribe and not less than two years all land embraced within his desert-land entry in excess of one farm unit, as determined by the Secretary of the Interior, and as to such retained farm unit he shall be entitled to make final proof and obtain patent upon compliance with the regulations of said Secretary applicable to the remainder of the irrigable land of the project and with the terms of payment pre- scribed in said Act of June 17, 1902, and not oth- erwise. But nothing herein contained shall be held to require a desert-land entryman who owns a water right and reclaims the land em- braced in his entry to accept the conditions of said reclamation Act. (June 27, 1906, ch. 3559, § 5, 34 Stat. 520; June 6, 1930, ch. 405, 46 Stat. 502.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, and said reclamation Act, re- ferred to in text, are act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this cha

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