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Title 43 — Public Lands

Chapter 13 — Federal Lands Included in State Irrigation Districts

§ 626. Enforcement of lien against entered but un­patented land

Statutory text

The lien described in section 622 of this title upon land covered by unpatented entries may be enforced upon said unpatented lands by the sale thereof in the same manner and under the same proceeding whereby said assessments are enforced against lands held under private ownership: Provided, That in the case of entered unpatented lands the title or interest which such irrigation district may convey by tax sale, tax deed, or as a result of any tax proceeding shall be subject to the following conditions and limitations: If such unpatented land be withdrawn under the Act of (32 Stat. 388), known as the reclamation Act, or subject to the provisions of said Act, then the interest which the district may convey by such tax proceedings or tax deed shall be subject to a prior lien reserved to the United States for all the unpaid charges authorized by the said Act, but the holder of such tax deed or tax title resulting from such district tax shall be entitled to all the rights and privileges in the land included in such tax title or tax deed of an assignee under the provisions of section 441 of this title, and upon submission to the United States land office of the district in which the land is located of satisfactory proof of such tax title, the name of the holder thereof shall be indorsed upon the records of such land office as entitled to the rights of one holding a complete and valid assignment under section 441 of this title and such person may at any time thereafter receive patent upon submitting satisfactory proof of the reclamation and irrigation required by Act , and Acts amendatory thereto, and making the payments required by said Acts.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 64–319 § 2 · 39 Stat. 506

    Enacted · 43 U.S.C. § 626

    (Aug. 11, 1916, ch. 319, § 2, 39 Stat. 507.)

    Source evidence

    Code source credit
    (Aug. 11, 1916, ch. 319, § 2, 39 Stat. 507.)

    Enacted provision · exact public law section
    Sec. 2. That the cost of constructing, acquiring, purchasing, or Charges, etc., to be apportioned. maintaining the canals, ditches, reservoirs, reservoir sites, water, water right, rights of way, or other property incurred in connection with any irrigation project under said irrigation district laws shall be equitably apportioned among lands held under private ownership, lands legally covered by unpatented entries, and unentered public lands included in said irrigation district. Officially certified lists Lists to land offices. of the amounts of charges assessed against the smallest legal subdivision of said lands shall be furnished to the register and receiver of the land district within which the lands affected are located as soon as such charges are assessed; but nothing in this Act shall be United States not liable. construed as creating any obligation against the United States to pay any of said charges, assessments, or debts incurred. That all charges legally assessed shall be a lien upon unentered Liens for charges. lands and upon lands covered by unpatented entries included in said irrigation district; and said lien upon said land covered by unpatented Enforcement on unpatented lands. entries may be enforced upon said unpatented lands by the sale thereof in the same manner and under the same proceeding whereby said assessments are enforced against lands held under private ownership: Provided, That in the case of entered unpatented lands the Proviso. Conditions of tax titles. title or interest which such irrigation district may convey by tax sale, tax deed, or as a result of any tax proceeding shall be subject to the following conditions and limitations: If such unpatented land be Lands in irrigation projects. Vol. 32, p. 388. withdrawn under the Act of Congress of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), known as the reclamation Act, or subject to the provisions of said Act, then the interest which the district may convey by such tax proceedings or tax deed shall be subject to a prior hen reserved to the United States for all the unpaid charges authorized by the said Act of June seventeenth, nineteen hundred and two, but the holder of such tax deed or tax title resulting from such district Rights as assignee. tax shall be entitled to all the rights and privileges in the land included in such tax title or tax deed of an assignee under the provisions Vol. 36, p. 592. of the Act of Congress of June twenty-third, nineteen hundred and ten (Thirty-sixth Statutes, page five hundred and ninety-two), and upon submission to the United States land office of the district in which the land is located of satisfactory proof of such tax title, the name of the holder thereof shall be indorsed upon the records of such land office as entitled to the rights of one holding a complete and valid assignment under the said Act of June twenty-third, nineteen hundred and ten, and such person may at any time thereafter receive patent Issue of patent. upon submitting satisfactory proof of the reclamation and irrigation required by the said Act of Congress of June seventeenth, nineteen hundred and two, and Acts amendatory thereto, and making the payments required by said Acts.

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

Act of , referred to in text, is popularly known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

Credits

(Aug. 11, 1916, ch. 319, § 2, 39 Stat. 507.)

Parsed from the official OLRC USLM XML in data/usc_all/usc43.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t43/s626