Title 43Public LandsRelease 119-73

§390nn Trusts

Title 43 › Chapter CHAPTER 12— - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER I–A— - RECLAMATION REFORM › § 390nn

Last updated Apr 6, 2026|Official source

Summary

Allows a person or company holding district land in trust to not be counted under the usual federal ownership and price limits, as long as the people who actually own the land (the beneficiaries) each have shares that meet those federal limits. In other words, the trustee’s ownership status does not break the rules if the beneficiaries’ interests follow the ownership and full-cost pricing caps. Counts land in a revocable trust as belonging to the grantor (the person who put the land in the trust) when either the grantor can cancel the trust and the land would return to them, or the trust ends after a set time and the land then goes back to the grantor.

Full Legal Text

Title 43, §390nn

Public Lands — Source: USLM XML via OLRC

(a)The ownership and full cost pricing limitations of this subchapter and the ownership limitations provided in any other provision of Federal reclamation law shall not apply to lands in a district which are held by an individual or corporate trustee in a fiduciary capacity for a beneficiary or beneficiaries whose interests in the lands served do not exceed the ownership and pricing limitations imposed by Federal reclamation law, including this subchapter.
(b)Lands placed in a revocable trust shall be attributable to the grantor if—
(1)the trust is revocable at the discretion of the grantor and revocation results in the title to such lands reverting either directly or indirectly to the grantor; or
(2)the trust is revoked or terminated by its terms upon the expiration of a specified period of time and the revocation or termination results in the title to such lands reverting either directly or indirectly to the grantor.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Federal reclamation law, referred to in subsec. (a), is defined in section 390aa of this title.

Amendments

1987—Pub. L. 100–203 designated existing provisions as subsec. (a) and added subsec. (b).

Reference

Citations & Metadata

Citation

43 U.S.C. § 390nn

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73