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

Summary

The Secretary of the Interior may sell public land that was set aside for a reclamation project and improved with reclamation funds when those lands are no longer needed. The Secretary will have three independent people appraise the land and improvements. The land is sold at public auction to the highest bidder for at least the appraised value. The sale must be posted on the land and advertised in a local newspaper for at least 30 days. At least one-fifth of the price is due at the sale. The rest can be paid in up to four yearly installments with 6% interest per year. When the purchase is paid, the Secretary can issue a patent to transfer U.S. title, possibly with conditions. No person may buy more than 160 acres. If the land is irrigable under the project, the buyer must follow the reclamation law rules for that land. The winning bidder must prove U.S. citizenship before the patent is issued. Sale proceeds go back into the reclamation fund and are credited to the project.

Title 43, §375

Public Lands — Source: USLM XML via OLRC

Whenever in the opinion of the Secretary of the Interior any public lands which have been withdrawn for or in connection with construction or operation of reclamation projects under the provisions of the Act of June 17, 1902, known as the Reclamation Act 11 So in original. Probably should be followed by a comma. and Acts amendatory thereof and supplementary thereto, which are not otherwise reserved and which have been improved by and at the expense of the reclamation fund for administration or other like purposes, are no longer needed for the purposes for which they were withdrawn and improved, the Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons to be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 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; not less than one-fifth the purchase price shall be paid at the time of sale, and the remainder in not more than four annual payments with interest at 6 per centum per annum, payable annually, on deferred payments. Upon payment of the purchase price the Secretary of the Interior is authorized, by appropriate patent, to convey all the right, title, and interest of the United States 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, and if said lands are irrigable under the project in which located they shall be sold subject to compliance by the purchaser with all the terms, conditions, and limitations of the reclamation law applicable to lands of that character: Provided, That the accepted bidder must, prior to issuance of patent, furnish satisfactory evidence that he or she is a citizen of the United States. 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 withdrawn.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of

June 17, 1902, 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.

§375 Sale of Land Improved at Expense of Reclamation Fund