43 U.S.C. § 451e — Amendment of farm unit; application;

Page 156 TITLE 43—PUBLIC LANDS § 451c obligor for payment to the United States of irri- gation construction charges for his lieu farm unit or undertakes a contract under which the equivalent, in whole or in part, of such charges is returned to the United States, the Secretary, to the extent to which such charges upon the original farm unit or the equivalent thereof have actually been paid to the United States or to an irrigation district or other form of organi- zation under contract with the United States, may give him credit for such charges upon the lieu unit. (b) Credits to district; reduction of costs If an irrigation district or other form of orga- nization within the boundaries of which is lo- cated the lieu farm unit of an entryman making an exchange under the provisions of this sub- chapter is or becomes the direct obligor for pay- ment to the United States of irrigation con- struction charges or undertakes or has under- taken a contract under which the equivalent, in whole or in part, of such charges is returned to the United States, the Secretary may, to the ex- tent to which it gives credit to the entryman for such charges or the equivalent thereof actually paid upon the original farm unit, give the dis- trict or other form of organization credit for payment of such charges. Upon the making of an exchange pursuant to the provisions of this sub- chapter, the Secretary may reduce (i) the reim- bursable construction costs of the project or di- vision thereof upon which the original farm unit was located by the amount of such costs which were properly assignable to the original farm unit and which were not then due and payable, and (ii) the reimbursable construction costs of the project or division thereof upon which the lieu farm unit is located by the amount of credit which might be given under the provisions of this section. (c) Extension of benefits to districts In any case in which the benefits of this sub- chapter are extended to an assignee of an unpatented farm unit or to a resident owner of private lands, as provided in subsection (b) of section 451a of this title, an appropriate exten- sion of benefits may also be made to an irriga- tion district or other form of organization under subsection (b) of this section. (Aug. 13, 1953, ch. 428, § 3, 67 Stat. 566.) § 451c. Cancellation of charges or liens; credits (a) After his approval of any application for an exchange as provided in this subchapter, the Secretary may cancel and release, in whole or in part, any and all charges or liens against the entryman or against the relinquished farm unit which are within his administrative jurisdic- tion. In administering the provisions of this sub- section the Secretary shall take into consider- ation other charges and liens and the rights and interests of other lien holders as to him may seem just and equitable. (b) An entryman making an exchange under the provisions of this subchapter may be given credit by the Secretary upon any land develop- ment charges made by the United States in con- nection with the lieu farm unit for any such charges paid to the United States in connection with the original unit. A resident owner making an exchange under the provisions of this sub- chapter may, to the extent, to which he or, in the case of a widow, widower, heir, or devisee, his spouse or ancestor, as the case may be, has paid to the United States the purchase price of the original farm unit, be given credit by the Secretary upon the purchase price of his lieu farm unit; such credit may also be applied in the manner and circumstances provided in section 451b of this title upon irrigation construction charges for or properly assignable to his lieu farm unit. (Aug. 13, 1953, ch. 428, § 4, 67 Stat. 567.) § 451d. Disposal of improvements; water rights; revertibility of relinquished land Within ninety days after receipt of notice of the approval by the Secretary of the application for exchange of entry and subject to the rights and interests of other parties, the entryman may dispose of, and he or his transferee or vend- ee may remove, any and all improvements placed on the relinquished unit. Upon the mak- ing of an exchange under this subchapter, any water right appurtenant to the original lands under the Federal reclamation laws shall cease and the water supply theretofore used or re- quired to satisfy such right shall be available for disposition under those laws. Any land relin- quished or conveyed to the United States under this subchapter shall revert to or become a part of the public domain and be subject to disposi- tion by the Secretary under any of the provi- sions of the Federal reclamation laws. (Aug. 13, 1953, ch. 428, § 5, 67 Stat. 567.) Editorial Notes REFERENCES IN TEXT The Federal reclamation laws, referred to in text, are identified in section 451i of this title. § 451e. Amendment of farm unit; application; amount of land; exchange; waiver Upon timely application by an entryman on an unpatented farm unit on a Federal irrigation project, which shall be found by the Secretary, pursuant to a land classification, to be insuffi- cient to support a family, the Secretary may, upon terms and conditions satisfactory to him, amend the farm unit of said entryman, combine all or a part of the lands of said farm unit with other contiguous or noncontiguous lands on the same project which are declared by the Sec- retary to be open to entry or purchase, and thereby form and designate an amended farm unit for said entryman, which in no event shall exceed three hundred and twenty acres of land containing not more than one hundred and sixty irrigable acres designated by the Secretary. The acceptance of the amended farm unit by the ap- plicant shall be deemed an exchange within the meaning of this subchapter. In extending the benefits of this section to a resident owner of private lands as provided in section 451a of this title, the Secretary may waive, in whole or in part, the provisions of clause (iii) of subsection (b) of section 451a of this title. (Aug. 13, 1953, ch. 428, § 6, 67 Stat. 567.) Page 157 TITLE 43—PUBLIC LANDS § 455 § 451f. Exchanges subject to mortgage contracts Any exchange pursuant to this subchapter of land that is subject to a mortgage contract with the Secretary of Agriculture under sections 1006a and 1006b of title 7, and any disposition pursuant to this subchapter of property that is subject to such a mortgage contract, shall be ef- fected only in such form and manner and upon such terms and conditions as are consistent with the authority of the Secretary of Agriculture over such mortgage contract and such property under the Bankhead-Jones Farm Tenant Act, as amended [7 U.S.C. 1000 et seq.], as supplemented by sections 1006a and 1006b of title 7. (Aug. 13, 1953, ch. 428, § 7, 67 Stat. 568.) Editorial Notes REFERENCES IN TEXT The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517, 50 Stat. 522, which is classified generally to chapter 33 (§ 1000 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1000 of Title 7 and Tables. § 451g. Preferences; veterans; timely applicants Where there are two or more timely applicants for a farm unit on a particular project or divi- sion thereof under the provisions of this sub- chapter, one or more of whom is an ex-service- man who would be entitled under the applicable statutes to a preference in making entry of farm units on such project or division, the ex-service- man, or one of them, shall have a preference in making such exchange. Any timely applicant for an exchange under the provisions of this sub- chapter shall be entitled to preference over any other applicant for a farm unit on the same project or division thereof. (Aug. 13, 1953, ch. 428, § 8, 67 Stat. 568.) § 451h. Establishment of farm units; size; contig- uous or noncontiguous In administering sections 434, 448, and 544 of this title, the Secretary may, to the extent found necessary as shown by a land classifica- tion to provide farm units sufficient in size to support a family, establish such units of not more than three hundred and twenty acres con- taining not more than one hundred and sixty ir- rigable acres designated by him and may permit entry and assignment under the homestead laws, and retention and assignment under the desert land laws, of such units. The lands included in farm units established pursuant to the authority of this section and entered under the homestead laws may be contiguous or noncontiguous. (Aug. 13, 1953, ch. 428, § 9, 67 Stat. 568.) § 451i. ‘‘Federal irrigation project’’ defined As used in this subchapter, the term ‘‘Federal irrigation project’’ means any irrigation project subject to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), to which laws this subchapter itself shall be deemed a supplement. (Aug. 13, 1953, ch. 428, § 11, 67 Stat. 568.) 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- erally 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. § 451j. Rules and regulations The Secretary may perform any and all acts and make all rules and regulations necessary and proper for carrying out the purposes of this subchapter. (Aug. 13, 1953, ch. 428, § 12, 67 Stat. 568.) § 451k. Availability of appropriations; expenses as nonreimbursable Appropriations heretofore or hereafter made for carrying on the functions of the Bureau of Reclamation shall be available for credits, ex- penses, charges, and costs provided by or in- curred under this subchapter. Expenses incurred in carrying out the provisions of sections 451 to 451f of this title, shall be nonreimbursable and nonreturnable under the Federal reclamation laws. (Aug. 13, 1953, ch. 428, § 13, 67 Stat. 568.) Editorial Notes REFERENCES IN TEXT The Federal reclamation laws, referred to in text, are identified in section 451i of this title. SUBCHAPTER VIII—TAXATION § 455. State taxation; lands of homestead entryman The lands of any homestead entryman under the Act of June 17, 1902, known as the Reclama- tion Act, or any Act amendatory thereof or sup- plementary thereto, and the lands of any entryman on ceded Indian lands within any In- dian irrigation project, may, after satisfactory proof of residence, improvement, and cultiva- tion, and acceptance of such proof by the Bureau of Land Management, be taxed by the State or political subdivision thereof in which such lands are located in the same manner and to the same extent as lands of a like character held under private ownership may be taxed. (Apr. 21, 1928, ch. 394, § 1, 45 Stat. 439; June 13, 1930, ch. 477, 46 Stat. 581; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, known as the Reclamation Act, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, 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. AMENDMENTS 1930—Act June 13, 1930, inserted ‘‘and the lands of any entryman on ceded Indian lands within any Indian irri- gation project,’’.