§ 390ii. — Disposition of excess lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC390ii]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I-A--RECLAMATION REFORM
Sec. 390ii. Disposition of excess lands
(a) Disposal of lands in excess of ownership limitations within
reasonable time
Irrigation water made available in the operation of reclamation
project facilities may not be delivered for use in the irrigation of
lands held in excess of the ownership limitations imposed by Federal
reclamation law, including this subchapter, unless and until the owners
thereof shall have executed a recordable contract with the Secretary, in
accordance with the terms and conditions required by Federal reclamation
law, requiring the disposal of their interest in such excess lands
within a reasonable time to be established by the Secretary. In the case
of recordable contracts entered into prior to October 12, 1982, such
reasonable time shall not exceed ten years after the recordable contract
is executed by the Secretary. In the case of recordable contracts
entered into after October 12, 1982, except as provided in section 390rr
of this title, such reasonable time shall not exceed five years after
the recordable contract is executed by the Secretary.
(b) Continued delivery of irrigation water to lands held in excess of
ownership limitations
Lands held in excess of the ownership limitations imposed by Federal
reclamation law, including this subchapter, which, on October 12, 1982,
are, or are capable of, receiving delivery of irrigation water made
available by the operation of existing reclamation project facilities
may receive such deliveries only--
(1) if the disposal of the owner's interest in such lands is
required by an existing recordable contract with the Secretary, or
(2) if the owners of such lands have requested that a recordable
contract be executed by the Secretary.
(c) Amendment of existing recordable contracts
Recordable contracts existing on October 12, 1982, shall be amended
at the request of the landowner to conform with the ownership
limitations contained in this subchapter: Provided, That the time period
for disposal of excess lands specified in the existing recordable
contract shall not be extended except as provided in subsection (e) of
this section.
(d) Power of attorney requirement in contracts; exercise of power by
Secretary
Any recordable contract covering excess lands sales shall provide
that a power of attorney shall vest in the Secretary to sell any excess
lands not disposed of by the owners thereof within the period of time
specified in the recordable contract. In the exercise of that power, the
Secretary shall sell such lands through an impartial selection process
only to qualified purchasers according to such reasonable rules and
regulations as the Secretary may establish: Provided, That the Secretary
shall recover for the owner the fair market value of the land unrelated
to irrigation water deliveries plus the fair market value of
improvements thereon.
(e) Extension of time for disposal of excess lands
In the event that the owner of any lands in excess of the ownership
limitations of Federal reclamation law has heretofore entered into a
recordable contract with the Secretary for the disposition of such
excess lands and has been prevented from disposing of them because the
Secretary may have withheld the processing or approval of the
disposition of the lands (whether he may have been compelled to do so by
court order or for other reasons), the period of time for the disposal
of such lands by the owner thereof pursuant to the contract shall be
extended from the date on which the Secretary again commences the
processing or the approval of the disposition of such lands for a period
which shall be equal to the remaining period of time under the
recordable contract for the disposal thereof by the owner at the time
the decision of the Secretary to withhold the processing or approval of
such disposition first became effective.
(f) Eligibility of excess lands for irrigation water after disposition
Excess lands which have been or may be disposed of in compliance
with Federal reclamation law, including this subchapter, shall not be
considered eligible to receive irrigation water unless--
(1) they are held by nonexcess owners; and
(2) in the case of disposals made after October 12, 1982, their
title is burdened by a covenant prohibiting their sale, for a period
of ten years after their original disposal to comply with Federal
reclamation law, including this subchapter, for values exceeding the
sum of the value of newly added improvements and the value of the
land as increased by market appreciation unrelated to the delivery
of irrigation water. Upon expiration of the terms of such covenant,
the title to such lands shall be freed of the burden of any
limitations on subsequent sale values which might otherwise be
imposed by the operation of section 423e of this title.
(Pub. L. 97-293, title II, Sec. 209, Oct. 12, 1982, 96 Stat. 1267.)
References in Text
Federal reclamation law, referred to in subsecs. (a), (b), (e), and
(f), is defined in section 390aa of this title.
Section Referred to in Other Sections
This section is referred to in sections 390cc, 390dd, 390ee of this
title.
