43 USC 390ii - Disposition of excess lands

U.S Code last checked for updates: Nov 22, 2024

§ 390ii.

Disposition of excess lands

(a)

Disposal of lands in excess of ownership limitations within reasonable time

(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

(d)

Power of attorney requirement in contracts; exercise of power by Secretary

(e)

Extension of time for disposal of excess lands

(f)

Eligibility of excess lands for irrigation water after disposition

(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, § 209, Oct. 12, 1982, 96 Stat. 1267.)

cite as: 43 USC 390ii