§374 — Title 43 Public Lands | U.S. Code

Summary

The Secretary of the Interior can sell land and any buildings on it that were bought under the Reclamation Act (June 17, 1902) or related laws if he decides the land is not needed for irrigation. He must have the land valued by three unbiased people he picks. The land is sold at public auction to the highest bidder for at least the appraised value. The sale must be announced by posting a notice on the land and by publishing a notice for at least 30 days in a nearby newspaper. After the buyer pays, the Secretary gives a deed that transfers the United States’ ownership, but he can keep or add any limits or conditions he thinks are proper. No one person may buy more than 160 acres. Money from the sale goes into the reclamation fund and is credited to the project that originally bought the land.

Title 43, §374

Public Lands — Source: USLM XML via OLRC

Whenever in the opinion of the Secretary of the Interior any lands which have been acquired under the provisions of the Act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), commonly called the “reclamation Act,” or under the provisions of any Act amendatory thereof or supplementary thereto, for any irrigation works contemplated by said reclamation Act are not needed for the purposes for which they were acquired, said Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons, to be appointed by him, and thereafter to sell the same for not less than the appraised value at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land. Upon payment of the purchase price, the Secretary of the Interior is authorized by appropriate deed to convey all the right, title, and interest of the United States of, in, and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person. The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been acquired.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 371 of this title and Tables.

§374 Sale of Lands Acquired in Connection with Irrigation Project