PRIA, Government Policy, Made Personal

Summary

The Secretary of the Interior may sell public lands that were withdrawn and improved with reclamation funds when they are no longer needed. The land must be valued by three unbiased people chosen by the Secretary, then sold at public auction to the highest bidder for at least that value. The sale must be posted on the land and published in a local newspaper for at least 30 days. Buyers must pay at least one-fifth of the price at sale; the rest may be paid in up to four yearly payments with 6% interest on the unpaid balance. After payment, the Secretary can give a patent that transfers the United States’ interest, but can add reasonable conditions. No one person may buy more than 160 acres. If the land can be irrigated under the project, the buyer must follow the reclamation rules for such land. The money from the sale goes into the reclamation fund and is credited to the project that used the land.

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Whenever in the opinion of the Secretary of the Interior any public lands which have been withdrawn for or in connection with construction or operation of reclamation projects under the provisions of the Act of June 17, 1902, known as the Reclamation Act and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reclamation fund for administration or other like purposes, are no longer needed for the purposes for which they were withdrawn and improved, the Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons to be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