§ 423c. — Exchange of unpatented entries; entries, farms or private lands, eliminated from project; rights not assignable; rights of lienholders; preference to exservice men.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC423c]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER V--ADMINISTRATION OF EXISTING PROJECTS
Sec. 423c. Exchange of unpatented entries; entries, farms or
private lands, eliminated from project; rights not assignable;
rights of lienholders; preference to ex-service men
Settlers who have unpatented entries under any of the public land
laws embracing lands which have been eliminated from the project, or
whose entries under water rights have been so reduced that the remaining
area is insufficient to support a family, shall be entitled to exchange
their entries for other public lands within the same project or any
other existing Federal reclamation project, with credit under the
homestead laws for residence, improvement, and cultivation made or
performed by them upon their original entries and with credit upon the
new entry for any construction charges paid upon or in connection with
the original entry: Provided, That when satisfactory final proof has
been made on the original entry it shall not be necessary to submit
final proof upon the lieu entry. Any entryman whose entry or farm unit
is reduced by the elimination of permanently unproductive land shall be
entitled to enter an equal amount of available public land on the same
project contiguous to or in the vicinity of the farm unit reduced by
elimination, with all credits in this section hereinbefore specified in
lieu of the lands eliminated. Owners of private lands so eliminated from
the project may, subject to the approval of the Secretary of the
Interior, and free from all encumbrances, relinquish and convey to the
United States lands so owned and held by them, not exceeding an area of
one hundred and sixty acres, and select an equal area of vacant public
land within the irrigable area of the same or any other Federal
reclamation project, with credit upon the construction costs of the
lands selected to the extent and in the amount paid upon or in
connection with their relinquished lands, and the Secretary of the
Interior is authorized to revise and consolidate farm units, so far as
this may be made necessary or advisable, with a view to carrying out the
provisions of this section: Provided further, That the rights extended
under this section shall not be assignable: And provided further, That
in administering the provisions of this section and section 423a of this
title, the Secretary of the Interior shall take into consideration the
rights and interests of lien holders, as to him may seem just and
equitable: Provided further, That where two entrymen apply for the same
farm unit under the exchange provisions of this section, only one whom
\1\ is an ex-service man, as defined by section 438 \2\ of this title,
the ex-service man shall have a preference in making such exchange.
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\1\ So in original. Probably should be ``one of whom''.
\2\ See References in Text note below.
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(May 25, 1926, ch. 383, Sec. 44, 44 Stat. 648.)
References in Text
The public land laws, referred to in text, are classified generally
to this title.
Section 438 of this title, referred to in text, was repealed by act
Aug. 13, 1953, ch. 428, Sec. 10, 67 Stat. 568. For provisions giving
preference to ex-servicemen, see section 451g of this title.
Section Referred to in Other Sections
This section is referred to in sections 423a, 423b, 423d, 423f,
424b, 424d of this title.
