43 U.S.C. § 375a — Sale under sections 374 and 375 of lands

Page 86 TITLE 43—PUBLIC LANDS § 375 1 So in original. Probably should be followed by a comma. and by publication for not less than thirty days in a newspaper of general circulation in the vi- cinity of the land. Upon payment of the purchase price, the Sec- retary of the Interior is authorized by appro- priate deed to convey all the right, title, and in- terest of the United States of, in, and to said lands to the purchaser at said sale, subject, how- ever, to such reservations, limitations, or condi- tions as said Secretary may deem proper: Pro- vided, That not over one hundred and sixty acres shall be sold to any one person. The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been acquired. (Feb. 2, 1911, ch. 32, §§ 1–3, 36 Stat. 895.) Editorial Notes REFERENCES IN TEXT Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete clas- sification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. § 375. Sale of land improved at expense of rec- lamation fund Whenever in the opinion of the Secretary of the Interior any public lands which have been withdrawn for or in connection with construc- tion or operation of reclamation projects under the provisions of the Act of June 17, 1902, known as the Reclamation Act 1 and Acts amendatory thereof and supplementary thereto, which are not otherwise reserved and which have been im- proved by and at the expense of the reclamation fund for administration or other like purposes, are no longer needed for the purposes for which they were withdrawn and improved, the Sec- retary of the Interior may cause said lands, to- gether with the improvements thereon, to be ap- praised by three disinterested persons to be ap- pointed by him, and thereafter sell the same, for not less than the appraised value, at public auc- tion to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general cir- culation in the vicinity of the land; not less than one-fifth the purchase price shall be paid at the time of sale, and the remainder in not more than four annual payments with interest at 6 per centum per annum, payable annually, on de- ferred payments. Upon payment of the purchase price the Sec- retary of the Interior is authorized, by appro- priate patent, to convey all the right, title, and interest of the United States in and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person, and if said lands are irrigable under the project in which located they shall be sold subject to compliance by the pur- chaser with all the terms, conditions, and limi- tations of the reclamation law applicable to lands of that character: Provided, That the ac- cepted bidder must, prior to issuance of patent, furnish satisfactory evidence that he or she is a citizen of the United States. The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been withdrawn. (May 20, 1920, ch. 192, §§ 1–3, 41 Stat. 605, 606.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. § 375a. Sale under sections 374 and 375 of lands appraised at not exceeding $300 The Secretary in his discretion, in any in- stances where property to be sold under section 374 or 375 of this title, is appraised at not to ex- ceed $300, may sell said property at public or pri- vate sale without complying with the provisions of said sections as to notice, publication, and mode of sale. (Aug. 4, 1939, ch. 418, § 11, 53 Stat. 1197.) Editorial Notes CODIFICATION Section was enacted as part of the Reclamation Project Act of 1939. See sections 387 to 389 and 485 et seq. of this title. Statutory Notes and Related Subsidiaries DEFINITIONS The definitions in section 485a of this title apply to this section. § 375b. Disposal of tracts too small to be classed farm units In accordance with the provisions of sections 375b to 375f of this title and notwithstanding the provisions of any other law, the Secretary of the Interior, hereinafter styled the Secretary, is au- thorized, in connection with any Federal irriga- tion project for which water is available, and after finding that such action will be in further- ance of the irrigation project and the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplemental thereto, hereinafter styled the Reclamation Act, to dispose of any tract of withdrawn public land which, in the opinion of the Secretary, has less than sufficient acreage reasonably required for the support of a family and is too small to be opened to home- stead entry and classed as a farm unit under the Reclamation Act. (Mar. 31, 1950, ch. 78, § 1, 64 Stat. 39.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified gen-