43 U.S.C. § 451b — Irrigation construction charges

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run from the date of no- tice of such abandonment of the project and the restoration to the public domain of the lands withdrawn in connection therewith, and credit shall be allowed for all expenditures and im- provements theretofore made on any such desert-land entry of which proof has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 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. AMENDMENTS 1930—Act June 6, 1930, among other changes, inserted ‘‘within a reasonable time after notice as the Secretary may prescribe and not less than two years’’, ‘‘regula- tions of said Secretary applicable to the remainder of the irrigable land of the project’’, and substituted pro- visions specifying one farm unit, as determined by the Secretary of the Interior for provisions specifying 160 acres. § 449. Assignment of desert-land entry within project A desert-land entry within the exterior limits of a Government reclamation project may be as- signed in whole or in part under section 324 of this title, and the benefits and limitations of section 448 of this title shall apply to such desert-land entryman and his assignees: Pro- vided, That all such assignments shall conform to and be in accordance with farm units to be es- tablished by the Secretary of the Interior upon the application of the desert-land entryman. All such assignments made in good faith prior to July 24, 1912, shall be recognized under this sec- tion. (July 24, 1912, ch. 251, 37 Stat. 200.) SUBCHAPTER VII—EXCHANGE AND AMENDMENT OF FARM UNITS § 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 applica- tion 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 resi- dence, improvement, and cultivation made or performed upon the original entry, and if satis- factory 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 sub- chapter shall not be assignable. (Aug. 13, 1953, ch. 428, § 1, 67 Stat. 566.) § 451a. Persons eligible for benefits The benefits of section 451 of this title 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 assign- ment 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 ex- hausted his homestead right, if such be the case, is eligible to enter unappropriated public lands under section 161 1 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. (Aug. 13, 1953, ch. 428, § 2, 67 Stat. 566.) Editorial Notes REFERENCES IN TEXT Section 161 of this title, referred to in text, was re- pealed by Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787. The Federal reclamation laws, referred to in par. (b)(ii), are identified in section 451i of this title. § 451b. Irrigation construction charges (a) Credits to entryman If an entryman making an exchange under the provisions of this subchapter becomes the direct 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.)