43 U.S.C. § 423h — Delivery of water to excess lands upon

Page 149 TITLE 43—PUBLIC LANDS § 424 (May 25, 1926, ch. 383, § 46, 44 Stat. 649; July 11, 1956, ch. 563, § 1, 70 Stat. 524.) Editorial Notes AMENDMENTS 1956—Act July 11, 1956, authorized delivery of water for not more than five years to excess lands acquired by foreclosure or other process of law, by conveyance in satisfaction of mortgages, by inheritance, or by devise. Statutory Notes and Related Subsidiaries IMPERIAL IRRIGATION DISTRICT OF CALIFORNIA; NONAPPLICABILITY OF FEDERAL RECLAMATION LAWS Pub. L. 96–570, § 4, Dec. 22, 1980, 94 Stat. 3340, provided that: ‘‘The following provisions of the Federal reclama- tion laws shall not apply to lands within the Imperial Irrigation District of California after the date of enact- ment of this Act [Dec. 22, 1980]: ‘‘(a) section 5 of the Act entitled ‘An Act appro- priating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands’, approved June 17, 1902 (43 U.S.C. 431); ‘‘(b) section 46 of the Act entitled ‘An Act to adjust water-right charges, to grant certain other relief on the Federal irrigation projects, and for other pur- poses’, approved May 25, 1926 (42 U.S.C. 423e) [this sec- tion]; and ‘‘(c) any other provision of law amendatory or sup- plementary to either of such sections.’’ AMENDMENT OF EXISTING CONTRACTS Act July 11, 1956, ch. 563, § 3, 70 Stat. 524, provided that: ‘‘The Secretary of the Interior is authorized, upon request of any holder of an existing contract under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), to amend the contract to conform to the pro- visions of sections 1 and 2 of this Act [amending sec- tions 423e and 544 of this title].’’ § 423f. Purpose of sections 423 to 423g and 610 The purpose of sections 423 to 423g and 610 of this title is the rehabilitation of the several rec- lamation projects and the insuring of their fu- ture success by placing them upon a sound oper- ative and business basis, and the Secretary of the Interior is directed to administer said sec- tions to those ends. (May 25, 1926, ch. 383, § 48, 44 Stat. 650.) Editorial Notes REFERENCES IN TEXT Sections 423 to 423g and 610 of this title, referred to in text, was in the original ‘‘this Act’’, meaning act of May 25, 1926, ch. 383, 44 Stat. 636, which enacted sec- tions 423 to 423g and 610 of this title. Section 610 of this title has been omitted from the Code. For complete classification of this Act to the Code, see Tables. § 423g. Adjustment of water right charges as final adjudication on projects and divisions named The adjustments under sections 1 to 40, inclu- sive, of the Act of Congress of May 25, 1926, 44 Statutes 636, are declared to be an incident of the operation of the ‘‘reclamation law,’’ a final adjudication on the projects and divisions named in such sections under the authority con- tained in section 466 of this title, and shall not after May 25, 1926, be construed to be the basis of reimbursement to the ‘‘reclamation fund’’ from the general fund of the Treasury or by the diversion to the ‘‘reclamation fund’’ of revenue of the United States not on May 25, 1926, re- quired by law to be credited to such ‘‘reclama- tion fund.’’ (May 25, 1926, ch. 383, § 50, 44 Stat. 650.) Editorial Notes REFERENCES IN TEXT Sections 1 to 40 of the Act of May 25, 1926, referred to in text, are not classified to the Code. The reclamation law, referred to in text, probably means act June 17, 1902, ch. 1093, 32 Stat. 388, as amend- ed, 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. § 423h. Delivery of water to excess lands upon death of spouse Where the death of a husband or wife causes lands in private ownership to become excess lands, as that term is used in section 423e of this title, and those lands had theretofore been eligi- ble to receive water from a project under the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereto) without execution of a recordable contract under section 423e of this title, the Secretary of the Interior is authorized to furnish water to them, without requiring execution of such a contract, so long as they remain in the owner- ship of the surviving spouse: Provided, That in the event of the remarriage of the surviving spouse, such lands shall be governed by applica- ble law without regard to the provisions of this section. (Pub. L. 86–684, Sept. 2, 1960, 74 Stat. 732.) 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. § 424. Disposal of lands classified as temporarily or permanently unproductive; persons who may take The Secretary of the Interior, hereinafter styled the Secretary, is authorized in connec- tion with Federal irrigation projects to dispose of vacant public lands designated under sections 423 to 423g and 610 of this title, as temporarily unproductive or permanently unproductive to resident farm owners, and resident entrymen on Federal irrigation projects, in accordance with the provisions of sections 424 to 424e of this title. (May 16, 1930, ch. 292, § 1, 46 Stat. 367.) Editorial Notes REFERENCES IN TEXT Sections 423 to 423g and 610 of this title, referred to in text, was in the original ‘‘the Act of May 25, 1926’’, meaning act of May 25, 1926, ch. 383, 44 Stat. 636, which enacted sections 423 to 423g and 610 of this title. Sec-