43 U.S.C. § 390pp — Involuntary foreclosure

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. (Pub. L. 97–293, title II, § 214, Oct. 12, 1982, 96 Stat. 1270; Pub. L. 100–203, title V, § 5302(b), Dec. 22, 1987, 101 Stat. 1330–269.) Editorial Notes REFERENCES IN TEXT Federal reclamation law, referred to in subsec. (a), is defined in section 390aa of this title. AMENDMENTS 1987—Pub. L. 100–203 designated existing provisions as subsec. (a) and added subsec. (b). § 390oo. Temporary supplies of water (a) Limitations inapplicable Neither the ownership limitations of this sub- chapter nor the ownership limitations of any other provision of Federal reclamation law shall apply to lands which receive only a temporary, not to exceed one year, supply of water made possible as a result of— (1) an unusually large water supply not oth- erwise storable for project purposes; or (2) infrequent and otherwise unmanaged flood flows of short duration. (b) Waiver of payment for temporary water sup- plies The Secretary shall have the authority to waive payments for a supply of water described in subsection (a). (Pub. L. 97–293, title II, § 215, Oct. 12, 1982, 96 Stat. 1270.) Editorial Notes REFERENCES IN TEXT Federal reclamation law, referred to in subsec. (a), is defined in section 390aa of this title. § 390pp. Involuntary foreclosure Neither the ownership limitations of this sub- chapter 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 satis- faction 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 irriga- tion 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 reclama- tion 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 acquisi- tion, 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 shall be applicable separately to each acquisition under this section if the lands are otherwise sub- ject to the provisions of section 390ee of this title. (Pub. L. 97–293, title II, § 216, Oct. 12, 1982, 96 Stat. 1270.) Editorial Notes REFERENCES IN TEXT Federal reclamation law, referred to in text, is de- fined in section 390aa of this title. § 390qq. Isolated tracts Neither the ownership limitations of this sub- chapter nor the ownership limitations of any other provision of Federal reclamation law shall apply to lands which are isolated tracts found by the Secretary to be economically farmable only if they are included in a larger farming oper- ation but which may, as a result of their inclu- sion in that operation, cause it to exceed such ownership limitations. (Pub. L. 97–293, title II, § 217, Oct. 12, 1982, 96 Stat. 1270.) Editorial Notes REFERENCES IN TEXT Federal reclamation law, referred to in text, is de- fined in section 390aa of this title.