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Title 43 Part 402 → Subpart B

Title 43 → Subtitle B → Chapter I → Part 402 → Subpart B

Electronic Code of Federal Regulations e-CFR

Title 43 Part 402 → Subpart B

e-CFR data is current as of February 20, 2020

Title 43Subtitle BChapter IPart 402 → Subpart B


Title 43: Public Lands: Interior
PART 402—SALE OF LANDS IN FEDERAL RECLAMATION PROJECTS


Subpart B—Small Tracts; Public and Acquired Lands; Gila Project, Arizona


Contents
§402.21   Purpose of this subpart.
§402.22   Provisions of subpart A applicable.
§402.23   Special provisions.

Authority: Sec. 15, 53 Stat. 1198, sec. 7, 61 Stat. 630; 43 U.S.C. 485i, 613e. Interpret or apply secs. 3-4, 61 Stat. 629; 43 U.S.C. 613b through 613c.

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§402.21   Purpose of this subpart.

The regulations in this subpart apply to the sale of small tracts of public and acquired lands on the Gila Project, Arizona, that are subject to the reclamation laws and that may be sold to actual settlers or farmers under the Act of July 30, 1947 (61 Stat. 628; 43 U. S. C. 613-613e).

[19 FR 431, Jan. 26, 1954]

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§402.22   Provisions of subpart A applicable.

The regulations in subpart A of this part relative to the sale of public lands under the Act of March 31, 1950 (64 Stat. 39; 43 U. S. C., Sup. 375b through 375f) shall be applicable to all sales proposed to be made under this subpart, except that the provisions of §402.23(b) relative to deeds shall apply in lieu of the provisions of §402.10 relative to patents; and excepting further that the residence requirements of §402.2(b) shall not apply.

[18 FR 316, Jan. 15, 1953, as amended at 34 FR 5066, Mar. 11, 1969]

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§402.23   Special provisions.

(a) After disposition of any lands under this subpart by contract of sale and during the time such contract shall remain in effect, said lands shall be (1) subject to the provisions of the laws of the State of Arizona relating to the organization, government, and regulation of irrigation, electrical power, and other similar districts, and (2) subject to legal assessment or taxation by any such district and by said State or political subdivisions thereof, and to liens for such assessments and taxes and to all proceedings for the enforcement thereof, in the same manner and to the same extent as privately-owned lands; Provided, however, That the United States shall not assume any obligation for amounts so assessed or taxed: And provided further, That any proceedings to enforce said assessments or taxes shall be subject to any title then remaining in the United States, to any prior lien reserved to the United States for unpaid installments under contracts of sale made under this subpart, and to any obligation for any other charges, accrued or unaccrued, for special improvements, construction, or operation and maintenance costs of the Gila Project. Any such lands situate within the Wellton-Mohawk Division of said project shall also be subject to the provisions of the Contract Between the United States and Wellton-Mohawk Irrigation and Drainage District for Construction of Works and for Delivery of Water, dated March 4, 1952, including but not limited to the provisions of subdivisions (b) and (c) of Article 22.

(b) When a purchaser has complied fully with the provisions of his contract and with the applicable provisions of law, including the regulations in this subpart, the Commissioner shall issue a deed to the purchaser. The deed shall recite the reservations described in the contract of sale.

[19 FR 431, Jan. 26, 1954]

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