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CHAPTER -BUREAU OF RECLAMATION,
DEPARTMENT OF THE INTERIOR
Sale of lands in Federal reclamation projects ........ 413 Assessment by irrigation districts of lands owned
by the United States, Columbia Basin Project,
...... 414 Offstream storage of Colorado River water and de
velopment and release of intentionally created
River water conservation measures with lower
Reclamation Project, Nevada ........
....... 423 Public conduct on reclamation lands and projects 424 Regulations pertaining to standards for the pre
vention, control, and abatement of environ-
Conconully Reservoir, Okanogan County, Wash.
Information requirements for certain farm oper-
...... 429 Procedure to process and recover the value of
rights-of-use and administrative costs incurred
in permitting such use ...... 430 Rules for management of Lake Berryessa ................ 431 General regulations for power generation, oper
ation, maintenance, and replacement at the
Boulder Canyon Project, Arizona/Nevada ......... 432–999 [Reserved]
PART 402-SALE OF LANDS IN poses. Not more than 160 acres of such FEDERAL RECLAMATION PROJECTS lands may be sold to any one person.
With one exception, such lands must be Subpart A-Public Lands
sold at public auction. If, however, a
tract is appraised at not more than Sec.
$300, it may be sold at private sale or 402.1 Purpose of this subpart.
at public auction and without regard to 402.2 What lands may be sold; method of
the provisions of the Act of May 20, sale; limit of acreage.
1920 respecting notice of publication 402.3 Power to sell.
and mode of sale. 402.4 Citizenship requirement. 402.5 Procedures within the Department.
(b) Lands which may be sold under 402.6 Price.
the Act of May 16, 1930 (46 Stat. 367; 43 402.7 Notice of sale.
U.S.C. 424 through 424e) are tracts of 402.8 Terms of sale.
temporarily or permanently unproduc402.9 Contracts.
tive land of insufficient size to support 402.10 Patent.
a family. A purchaser must be a resi402.11 Termination or cancellation
dent farm owner or entryman on the Subpart B-Small Tracts; Public and
Federal irrigation project where such Acquired Lands; Gila Project, Arizona
lands are located and is permitted to
purchase not more than 160 acres or an 402.21 Purpose of this subpart.
area which together with lands already 402.22 Provisions of subpart A applicable. owned or entered on such project, does 402.23 Special provisions.
not exceed 320 acres. A resident farm
owner means a farm owner who is actuSubpart A-Public Lands ally residing on the farm he owns, and
a resident entryman means a homeAUTHORITY: Sec. 10, 32 Stat. 390, as amend
stead entryman who is actually resided, sec. 6, 46 Stat. 368, sec. 5, 64 Stat. 40; 43
ing on the land in his homestead entry. U.S.C. 373, 424e, 375f. Interpret or apply 41 These lands may be sold either at pubStat. 605, 46 Stat. 367, sec. 11, 53 Stat, 1197, 64 lic auction or at private sale. Stat. 39; 43 U.S.C. 375, 424 through 424d, 375a, (c) Lands which may be sold under 375b through 375f.
the Act of March 31, 1950 (64 Stat. 39; 43 SOURCE: 18 FR 316, Jan. 15, 1953, unless oth U.S.C. Sup., 375b through 375f) are erwise noted.
tracts of land too small to be classed as
farm units under the Federal reclama8 402.1 Purpose of this subpart.
tion laws. A purchaser must be a resiThe regulations in this subpart apply dent farm owner or entryman (as deto the sale of certain classes of lands fined in paragraph (b) of this section) that are subject to the reclamation on the Federal irrigation project where laws and that may be sold under one of such lands are located and is permitted the following statutes:
to purchase not more than 160 acres or (a) The Act of May 20, 1920 (41 Stat. an area which, together with land al605; 43 U.S.C. 375);
ready owned or entered on such (b) The Act of May 16, 1930 (46 Stat. project, does not exceed 160 irrigable 367; 43 U.S.C. 424 through 424e); or
acres. These lands may be sold either (c) The Act of March 31, 1950 (64 Stat. at public auction or at private sale. 39; 43 U.S.C. Sup. 375b through 375f).
$ 402.3 Power to sell. 8 402.2 What lands may be sold; meth The Commissioner of Reclamation od of sale; limit of acreage.
may, in accordance with the regula(a) Lands which may be sold under tions in this subpart, sell lands under the Act of May 20, 1920 (41 Stat. 605; 43 each of the three statutes listed in U.S.C. 375) are lands, not otherwise re- 402.1. An Assistant Commissioner or served, which have been withdrawn in an official in charge of an office, reconnection with a Federal irrigation gion, division, district, or project of project and improved at the expense of the Bureau of Reclamation, if authorthe reclamation fund for administra ized in writing by the Commissioner of tion or other like purposes and which Reclamation, may also sell lands under are no longer needed for project pur- the statutes mentioned in accordance
with this subpart, and whenever the term “Commissioner" is used in this subpart, it includes any official so authorized.
lands appraised at more than $300 shall also be given by posting upon the land. In the case of all sales under this subpart notice may be given by such other means as the Commissioner may deem appropriate. Where lands are to be sold at private sale, no public notice shall be required.
$ 402.4 Citizenship requirement.
Before patent may be issued to a purchaser under the regulations in this subpart, he must furnish satisfactory evidence that he is a citizen of the United States.
$ 402.5 Procedures within the Depart.
ment. (a) Before offering any land for sale under any of the statutes listed in 8 402.1, the Commissioner should determine that the sale will be in the best interest of the project in which the lands are located and, if the lands sold are to be irrigated, that there is a sufficient water supply for such irrigation
(b) When a decision is made to offer lands for sale under any of the statutes listed in $ 402.1: (1) The Commissioner should notify the State Supervisor of the Bureau of Land Management in whose State the lands are located, (2) a report showing the status of the lands should be obtained from the Manager of the appropriate office of the Bureau of Land Management, and (3) a report should be obtained from the Geological Survey with respect to the mineral resources of the lands. A copy of the report of the Geological Survey should be furnished to the Manager of the appropriate land office of the Bureau of Land Management for his use in preparing the final certificate.
8 402.8 Terms of sale.
(a) Under the Acts of May 16, 1930 (46 Stat. 367; 43 U.S.C. 424 through 424e) and March 31, 1950 (64 Stat. 39: 43 U.S.C. Sup., 375b through 375f) lands may be sold either for cash or upon deferred payments. A sale providing for deferred payments shall be upon terms to be established by the Commissioner, except that the Commissioner shall require the annual payment of interest at six percent per annum on the unpaid balance.
(b) Under the Act of May 20, 1920 (41 Stat. 605; 43 U.S.C. 375) lands may be sold either for cash or upon deferred payments. In connection with a sale providing for deferred payments the Commissioner shall require that not less than one-fifth the purchase price in cash be paid at the time of sale and that the remainder be payable in not more than four annual payments with interest at six percent per annum on the unpaid balance.
(c) All payments shall be made to the official of the Bureau of Reclamation specified in the contract of sale.
$ 402.6 Price.
The price of land sold under this subpart shall be not less than that fixed by independent appraisal approved by the Commissioner.
$ 402.7 Notice of sale.
The sale of lands at public auction under this part shall be administered by the Commissioner. Notice of such sales shall be given by publication in a newspaper of general circulation in the vicinity of the lands to be sold for either not less than 30 days or once a week for five consecutive weeks prior to the date fixed for any such sale. Under the Act of May 20, 1920 (41 Stat. 605; 43 U.S.C. 375) notice of sales of
$ 402.9 Contracts.
A contract in form approved by the Commissioner shall be signed by the purchaser at the time of sale and executed on behalf of the United States by the Commissioner. A copy of the contract shall be furnished to the appropriate land office of the Bureau of Land Management for entering in the tract books. The contract shall contain a description of the land to be sold, the price and terms of sale, a full statement by the purchaser respecting his qualifications, including citizenship, a description by the purchaser of his present holdings, and a statement by him of the irrigable acreage of those holdings. The contract shall also contain a statement by the purchaser with respect to his knowledge as to whether the land is mineral or non-mineral in