Administer, sell, and exchange lands, dedicate portions for public purposes, etc.
For the purposes of assisting in the permanent settlement of farm families, protecting project land, and facilitating project development, the Secretary is authorized to administer public lands of the United States in the project area and lands acquired under this section; to sell, exchange, or lease such lands; to dedicate portions of such lands for public purposes in keeping with sound project development; to acquire in the name of the United States, at prices satisfactory to him, such lands or interests in lands, within or adjacent to the project area, as he deems appropriate for the protection, development, or improvement of the project; and to accept donations of real and personal property for the purposes of this Act. Any moneys realized on account of donations for purposes of this Act shall be covered into the Treasury as trust funds.
Terms of contracts; qualifications of applicants; prohibited disposals
section 433 of title 4367 Stat. 566 43 U.S.C. 451Contracts, exchanges, and leases made under this section shall be on terms that, in the Secretary’s judgment, are in keeping with sound project development. In addition, land sale and exchange contracts shall be on a basis that, in the Secretary’s judgment, provides for the return, in a reasonable period of years, of not less than the appraised value of the land and improvements thereon. Qualification of applicants for the purchase of land for irrigation farming shall be prescribed as provided in , notwithstanding any other provisions of law. No farm unit shall be sold to, and no contract to sell a farm unit shall be entered into with, any person, corporation, or joint-stock association which has theretofore purchased or entered into a contract to purchase a farm unit from the United States on the Columbia Basin project. The foregoing provisions of this subsection shall apply only to the sale of farm units which are suitable for settlement purposes. Farm units which, in the opinion of the Secretary, are not suitable for settlement purposes may be sold with a preference to resident project landowners as supplemental units, subject to the applicable irrigable acreage limitations on the delivery of water, but the purchasers thereof shall not be entitled to benefits of the Act of () [ et seq.] with respect thereto.
May 27, 1937, ch. 269, § 4 50 Stat. 210 Mar. 10, 1943, ch. 14 57 Stat. 18 Sept. 26, 1950, ch. 1048, § 1(4) 64 Stat. 1037 Pub. L. 85–264, § 1(d)71 Stat. 591 Pub. L. 87–728, § 376 Stat. 678 (, ; , ; , ; , , ; , , .)
Editorial Notes
References in Text
act May 27, 1937, ch. 269 act Mar. 10, 1943, ch. 14 57 Stat. 14 section 835 of this titlesection 835 of this titleThis Act, referred to in subsec. (a), is , as amended generally by , , known as The Columbia Basin Project Act, which enacted this section, sections 835, 835a, 835b, and 835c–1 to 835c–5 of this title, and provisions set out as a note under . For complete classification of this Act to the Code, see Short Title note set out under and Tables.
act Aug. 13, 1953, ch. 428 67 Stat. 566 Act of , referred to in text, is , , which is classified generally to subchapter VII (§ 451 et seq.) of chapter 12 of Title 43, Public Lands. For complete classification of this Act to the Code, see Tables.
Amendments
Pub. L. 87–7281962—Subsec. (a). struck out provisions stating as a purpose of this section the prevention of speculation in project lands, and deleted from among the duties of the Secretary, those to establish town sites on such lands, and to disseminate information by appropriate means and methods.
Pub. L. 87–728section 835a(c) of this titleSubsec. (b). authorized farm units which are not suitable for settlement purposes to be sold with a preference to resident project landowners as supplemental units, subject to the applicable irrigable acreage limitations on the delivery of water, and prohibiting purchasers thereof from receiving benefits of the Act of , with respect thereto, eliminated provisions which required land sale and exchange contracts, in the case of lands to be included in farm units, to provide for the application of provisions similar to those of the recordable contracts provided under , and each applicant for the purchase of land for irrigation farming to agree that he, his heirs and assigns will not, except with the Secretary’s approval, sell, assign, lease, or otherwise dispose of his land during a period ending five years from the date of his purchase contract, and prohibiting applications for a farm unit from any person who, or a member of whose family, then has outstanding another application for a farm unit on the project or to whom a farm unit could not at the time of application lawfully be sold under sections 835 and 835a to 835c–5 of this title, substituted provisions prohibiting the sale of a farm unit to, and the entering into a contract to sell a farm unit with, any person, corporation, or joint-stock association which has theretofore purchased or entered into a contract to purchase a farm unit from the United States on the Columbia Basin project for provisions which prohibited the sale of a farm unit to, and the entering into a contract to sell a farm unit with, any person, corporation, joint-stock association, or family which has theretofore purchased or entered into a contract to purchase a farm unit under sections 835 and 835a to 835c–5 of this title or which then owns a farm unit within the Columbia Basin project, but not precluding a purchase or contract to purchase by a person, otherwise eligible, whose farm unit has been or is acquired by the United States for exchange purposes or, if he is 18 years of age or older, whose family purchased or entered into a contract to purchase a farm unit at a time when he was under 18 years of age.
Pub. L. 85–2641957—Subsec. (b). inserted provisions to require applicant’s agreement not to dispose of his land for 5 years from the date of his purchase contract except with approval of Secretary, to prohibit receiving application from a person who, or a member of whose family, has outstanding another application, or to whom a unit could not at the time of application be lawfully sold, and to prohibit sale or contracts of sale with those who theretofore purchased or contracted to purchase, a unit under sections 835 and 835a to 835c–5 of this title, or then own a unit within the project.
1950—Subsec. (b). Act , permitted the Secretary to make recordable contract provisions applicable to lands to be included in farm units.
1943—Act , amended section generally.
Statutory Notes and Related Subsidiaries
Amendment of Contracts, Instruments, Rules, Regulations, Forms, and Procedures
Pub. L. 87–728, § 476 Stat. 679
Amendment of Contracts, Deeds or Documents by Secretary
Pub. L. 85–264, § 271 Stat. 591
Coulee Dam Community Act of 1957
Pub. L. 85–24071 Stat. 524
Purpose Lands Included] .
“Douglas County: Township 29 north, range 30 east, Willamette meridian, section 36, lots 2, 3, 4, east half southwest quarter and southwest quarter southwest quarter.
“Grant County: Township 28 north, range 30 east, Willamette meridian, section 1, lots 1 and 2.
“Okanogan County: Township 28 north, range 31 east, Willamette meridian, section 6, lot 3.
“Township 29 north, range 30 east, Willamette meridian, section 36, lots 5, 6, and 7.
“Township 29 north, range 31 east, Willamette meridian, section 30, all those portions of the south 300 feet of lot 4 included within the area conveyed to the United States of America by warranty deed executed by Charles E. Hopkins, and others on , and recorded in book 107 of deeds at pages 175 and 176 under Okanogan County auditor’s file numbered 346972 and by warranty deed executed by Charles E. Hopkins, and others on , recorded in book 102 of deeds at pages 441 and 442 under Okanogan County auditor’s file numbered 339487.
That it is the purpose of this Act, in connection with the Columbia Basin project, to authorize the disposal of certain Federal property in the unincorporated area in the State of Washington commonly known as the town of Coulee Dam in order that the United States may withdraw from the ownership and operation of the town and that the people of that area may enjoy self-government, to facilitate the establishment by them of a municipal corporation under the laws of the State of Washington, and to authorize the disposal of certain Federal property in and in the immediate vicinity of the city of Grand Coulee, Washington, in order to reduce restrictions on the growth thereof. The area herein referred to as the town area is situated in Douglas, Grant, and Okanogan counties and comprises the following lands:“The area herein referred to as the Grand Coulee area is situated in Grant County and comprises the following lands:
“Township 28 north, range 30 east, Willamette meridian, section 11, south one-half north one-half north one-half southwest one-quarter, northeast one-quarter southeast one-quarter.
“The term ‘the municipality’, as used in this Act, refers to any municipal corporation organized hereafter embracing any part of the town area described.
west half northeast quarter, southeast quarter northwest quarter, east half southwest quarter, northwest quarter northwest quarter southeast quarter, and lots 1, 2, 3, and 4.Authority of Secretary to Sell Property] [
Manner of Disposal Priority of Purchasers; Terms of Sale] [
“Any tenant having a priority under (1) who desires to continue to rent the property occupied by him rather than to purchase it may assign his priority to a person who has entered into a valid contract to lease the property back to him. The Secretary may permit such other assignments of priorities under (1) as he finds to be fair and equitable. Assignments under this paragraph shall be subject to such general rules and regulations as the Secretary may prescribe, including denial, in any instance where the Secretary in his judgment finds it proper, to the assignee concerned, or his successors, assigns, or legal representatives, of any discount in or rebate of the purchase price to which such person or persons would otherwise be entitled under this Act.
First priority to purchase shall be given to the tenant of the United States in the town area who occupies the land and dwelling unit to be sold. The land and dwelling unit shall be offered at the appraised value as established under section 5 less any applicable discounts under this Act. This right of priority shall expire unless a deposit of earnest money in an amount to be fixed by the Secretary is received by him before the expiration of sixty days after the date on which the property has been offered for sale, and the right of priority shall be deemed abandoned unless within an additional one hundred and eighty days the prospective purchaser shall have signed a contract to purchase the property.