Title 43Public LandsRelease 119-73

§390ss Religious or charitable organizations

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

Last updated Apr 6, 2026|Official source

Summary

A local religious or charitable group that is tax-exempt under section 501 of the Internal Revenue Code (26 U.S.C. 501) and that owns, runs, or rents land in a district must be treated like an individual under these rules if three things are true. This applies even if the group is part of a larger body or not the owner on paper. The three things are: any farm products and the money from selling them are used only for charity; the land is operated by that local group (or its parts); and no net earnings go to any private person or shareholder.

Full Legal Text

Title 43, §390ss

Public Lands — Source: USLM XML via OLRC

An individual religious or charitable entity or organization (including but not limited to a congregation, parish, school, ward, or chapter) which is exempt from taxation under section 501 of the Internal Revenue Code of 1986, as amended (26 U.S.C. 501), and which owns, operates, or leases any lands within a district shall be treated as an individual under the provisions of this subchapter regardless of such entity or organization’s affiliation with a central organization or its subjugation to a hierarchical authority of the same faith and regardless of whether or not the individual entity is the owner of record if—
(1)the agricultural produce and the proceeds of sales of such produce are directly used only for charitable purposes;
(2)said land is operated by said individual religious or charitable entity or organization (or subdivisions thereof); and
(3)no part of the net earnings of such religious or charitable entity or organization (or subdivision thereof) shall inure to the benefit of any private shareholder or individual.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

Reference

Citations & Metadata

Citation

43 U.S.C. § 390ss

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73