
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.
