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43 U.S.C. § 375Sale of land improved at expense of reclamation fund

submitted 106 years ago by ch. 192 to r/title-43-PUBLIC-LANDS · 378 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior may sell leftover reclamation-project land the government no longer needs. The land is appraised, then auctioned publicly to the highest bidder. Buyers are capped at 160 acres and must prove U.S. citizenship.

This section lets the Secretary of the Interior sell certain public land connected to reclamation (irrigation) projects. The land must have been set aside for a reclamation project under the 1902 Reclamation Act, must not be reserved for anything else, must have been improved using money from the reclamation fund, and must no longer be needed for the purpose it was set aside for. To sell such land, the Secretary first has three disinterested people, whom the Secretary appoints, appraise it. Then the Secretary sells the land and its improvements at public auction to the highest bidder, for no less than the appraised value. The Secretary must give public notice of the time and place of sale by posting a notice on the land itself and publishing it for at least 30 days in a local newspaper. The buyer must pay at least one-fifth of the price at the time of sale. The rest can be paid in up to four yearly installments, with 6 percent annual interest on the unpaid balance. Once the buyer pays the full price, the Secretary can issue a patent transferring the United States' full ownership to the buyer, but the Secretary can attach reservations, limits, or conditions to that patent. Three rules limit this sale: no one person may buy more than 160 acres; if the land can be irrigated under the project, the buyer must follow all the terms of reclamation law that apply to that kind of land; and before getting the patent, the winning bidder must prove they are a United States citizen. Money from these sales goes back into the reclamation fund, credited to the project the land came from.
the actual law source: uscode.house.gov ↗public domain

Whenever in the opinion of the Secretary of the Interior any public lands which have been withdrawn for or in connection with construction or operation of reclamation projects under the provisions of the Act of June 17, 1902, known as the Reclamation Act 1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 improved 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 Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons to be appointed by him, and thereafter sell the same, for not less than the appraised value, at public auction 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 circulation 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 deferred payments.

Upon payment of the purchase price the Secretary of the Interior is authorized, by appropriate 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 purchaser with all the terms, conditions, and limitations of the reclamation law applicable to lands of that character: Provided, That the accepted 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.

Source credit: (May 20, 1920, ch. 192, §§ 1–3, 41 Stat. 605, 606.)

history & why it existsrecord from the source credit
  • 1920Enacted · Act of May 20, 1920, ch. 192 · 41 Stat. 605, 606

A history note hasn’t been published yet. The record shows enactment by ch. 192 on 1920-05-20.

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