Title 43 — Public LandsRelease 119-73

§451b Irrigation construction charges

Title 43 › Chapter CHAPTER 12— - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER VII— - EXCHANGE AND AMENDMENT OF FARM UNITS › § 451b

Last updated Apr 6, 2026|Official source

Summary

When a person swaps a public farm for another farm and becomes the one who must pay irrigation construction charges for the new farm, or signs a contract that returns those charges to the United States, the Secretary may give that person credit on the new farm for charges or their equivalent that were actually paid for the original farm to the United States or to an irrigation district or similar organization under contract with the United States. The credit only covers amounts actually paid. If an irrigation district or similar organization that covers the new farm becomes responsible for those charges or has such a contract, the Secretary may give the district credit the same way he would give the person credit for payments made on the original farm. When the exchange is made, the Secretary may reduce the recoverable construction costs for the project holding the original farm by the amount properly chargeable to that original farm and not yet due, and reduce the recoverable construction costs for the project holding the new farm by the amount of credit allowed. If benefits are extended to an assignee of an unpatented farm or to a private resident owner under the law, similar benefits may also be extended to an irrigation district.

Full Legal Text

Title 43, §451b

Public Lands — Source: USLM XML via OLRC

(a)If an entryman making an exchange under the provisions of this subchapter becomes the direct obligor for payment to the United States of irrigation construction charges for his lieu farm unit or undertakes a contract under which the equivalent, in whole or in part, of such charges is returned to the United States, the Secretary, to the extent to which such charges upon the original farm unit or the equivalent thereof have actually been paid to the United States or to an irrigation district or other form of organization under contract with the United States, may give him credit for such charges upon the lieu unit.

(b)If an irrigation district or other form of organization within the boundaries of which is located the lieu farm unit of an entryman making an exchange under the provisions of this subchapter is or becomes the direct obligor for payment to the United States of irrigation construction charges or undertakes or has undertaken a contract under which the equivalent, in whole or in part, of such charges is returned to the United States, the Secretary may, to the extent to which it gives credit to the entryman for such charges or the equivalent thereof actually paid upon the original farm unit, give the district or other form of organization credit for payment of such charges. Upon the making of an exchange pursuant to the provisions of this subchapter, the Secretary may reduce (i) the reimbursable construction costs of the project or division thereof upon which the original farm unit was located by the amount of such costs which were properly assignable to the original farm unit and which were not then due and payable, and (ii) the reimbursable construction costs of the project or division thereof upon which the lieu farm unit is located by the amount of credit which might be given under the provisions of this section.

(c)In any case in which the benefits of this subchapter are extended to an assignee of an unpatented farm unit or to a resident owner of private lands, as provided in subsection (b) of section 451a of this title, an appropriate extension of benefits may also be made to an irrigation district or other form of organization under subsection (b) of this section.

Reference

Citations & Metadata

Citation

43 U.S.C. § 451b

Title 43 — Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73