An Act to permit the exchange and amendment of farm units on Federal irrigation projects, and for other purposes
PL 83-258 (S.887), enacted 08/13/1953

666 
PUBLIC LAW 258-AUG. 13, 1953 
[67 S T A T . 
Public Law 258 
CHAPTER 428 
August 13, 1953 
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[S. 887] 
To permit the exchange and amendment of farm units on Federal irrigation 
projects, and for other purposes. 
Federal i r r i g a ' 
tion projects. 
Exchange of farm 
units. 
E l i g i b i l i t y for 
benefits. 
Irr ig a tion con-
struction charges. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That any entryman 
on an unpatented farm unit on a Federal irrigation project which 
shall be found by the Secretary of the Interior, pursuant to a land 
classification, to be insufficient to support a family shall be entitled, 
upon timely application to the Secretary to exchange his farm unit 
for another farm unit of unentered public land within the same or 
any other such project, or, upon terms and conditions satisfactory 
to the Secretary, for any other available farm unit on the same or any 
other such project. 
He shall be given credit under the homestead 
law^s for residence, improvement, and cultivation made or performed 
upon the original entry, and if satisfactory final proof of residence, 
improvement, and cultivation has been made on the original entry it 
shall not be necessary to submit such proof upon the lieu entry 
Rights under this Act shall not be assignable. 
SEC. 2. The benefits of section 1 of this Act shall, and those of the 
following sections may, be extended by the Secretary to (a) any lawful 
assignee of an unpatented farm unit on a Federal irrigation project 
who took the assignment in good faith not knowing and not having 
reason to believe the farm unit to be insufficient to support a family; 
and (b) any resident owner of private lands on any such project whose 
lands shall be found to be insufficient to support a family and (i) who, 
apart from his ownership of the lands to be conveyed pursuant to 
clause (iii) hereof and apart from his having previously exhausted 
his homestead right, if such be the case, is eligible to enter unappro-
priated public lands under Revised Statutes, section 2289, as amended 
(43 U. S. C. 161), (ii) who lawfully acquired his lands as an entire 
farm unit under the Federal reclamation laws from the United States 
or, in the case of a widow, widower, heir, or devisee, from a spouse or 
ancestor, as the case may be, who so acquired them, and (iii) who 
conveys, free from all encumbrances, to tTie United States all of his 
lands served by the project or such portion thereof as the Secretary 
may designate. 
SEC. 3. (a) If an entryman making an exchange under the provisions 
of this Act becomes the direct obligor for payment to the United States 
of irrigation construction charges for his lieu farm unit or under-
takes a contract under which the equivalent, in whole or in part, of 
such charges is returned to the United States, the Secretary, to the 
extent to which such charges upon the original farm unit or the equiva-
lent thereof have actually been paid to the United States or to an 
irrigation district or other form of organization under contract with 
the United States, may give him credit for such charges upon the lieu 
unit. 
(b) If an irrigation district or other form of organization within 
the boundaries of which is located the lieu farm unit of an entryman 
making an exchange under the provisions of this Act is or becomes 
the direct obligor for payment to the United States of irrigation con-
struction charges or undertakes or has undertaken a contract under 
which the equivalent, in whole or in part, of such charges is returned 
to the United States, the Secretary may, to the extent to which it gives 
credit to the entryman for such charges or the equivalent thereof 
actually paid upon the original farm unit, give the district or other 
form of organization credit for payment of such charges. Upon the 
making of an exchange pursuant to the provisions of this Act, the 
67 S T A T . ] 
PUBLIC LAW 258-AUG. 13, 1953 
567 
Secretary may reduce (i) the reimbursable construction costs of the 
project or division thereof upon which the original farm unit was 
located by the amount of such costs which were properly assignable 
to the original farm unit and which were not then due and payable, 
and (ii) the reimbursable construction costs of the project or division 
thereof upon which the lieu farm unit is located by the amount of 
credit which might be given under the provisions of this section. 
(c) In any case in which the benefits of this Act are extended to 
an assignee of an unpatented farm unit or to a resident owner of 
private lands, as provided in subsection (b) of section 2 of this Act, 
an appropriate extension of benefits may also be made to an irrigation 
district or other form of organization under subsection (b) of this 
section. 
SEC. 4. (a) After his approval of any application for an exchange chi?ge#"e^"f" °^ 
as provided in this Act, the Secretary may cancel and release, in whole 
or in part, any and all charges or liens against the entryman or against 
the relinquished farm unit which are within his administrative juris-
diction. 
In administering the provisions of this subsection the Secre-
tary shall take into consideration other charges and liens and the 
rights and interests of other lien holders as to him may seem just and 
equitable. 
(b) An entryman making an exchange under the provisions of this 
Credits. 
Act may be given credit by the Secretary upon any land development 
charges made by the United States in connection with the lieu farm 
unit for any such charges paid to the United States in connection with 
the original unit. 
A resident owner making an exchange under the 
provisions of this Act may, to the extent to which he or, in the case of 
a widow, widower, heir, or devisee, his spouse or ancestor, as the case 
may be, has paid to the United States the purchase price of the original 
farm unit, be given credit by the Secretary upon the purchase price of 
his lieu farm unit; such credit may also be applied in the manner and 
circumstances provided in section 3 of this Act upon irrigation 
construction charges for or properly assignable to his lieu farm unit. 
SEC. 5. Within ninety days after receipt of notice of the approval 
Disposal of im-
by the Secretary of the application for exchange of entry and subject P'""^®*"*"*^' *
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to the rights and interests of other parties, the entryman may dispose 
of, and he or his transferee or vendee ma^ remove, any and all improve-
ments placed on the relinquished unit. Upon the making of an 
exchange under this Act, any water right appurtenant to the original 
lands under the Federal reclamation laws shall cease and the water 
supply theretofore used or required to satisfy such right shall be avail-
able for disposition under those laws. Any land relinquished or reunquishid^md.' 
conveyed to the United States under this Act shall revert to or become 
a part of the public domain and be subject to disposition by the 
Secretary under any of the provisions of the Federal reclamation laws. 
SEC. 6. Upon timely application by an entryman on an unpatented 
Amendment of 
farm unit on a Federal irrigation project, which shall be found by the "•"" "
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Secretary, pursuant to a land classification, to be insufficient to support 
a family, the Secretary may, upon terms and conditions satisfactory 
to him, amend the farm unit of said entryman, combine all or a part 
of the lands of said farm unit with other contiguous or noncontiguous 
lands on the same project which are declared by the Secretary to be 
open to entry or purchase, and thereby form and designate an amended 
farm unit for said entryman, which in no event shall exceed three 
hundred and twenty acres of land containing not more than one 
hundred and sixty irrigable acres designated by the Secretary. 
The 
acceptance of the amended farm unit by the applicant shall be deemed 
an exchange within the meaning of this Act. 
In extending the benefits 
568 
PUBLIC LAW 258-AUG. 13, 1953 
[67 S T A T . 
M o r t g a g e con-
tracts. 
Veterans* prefei* 
ence. 
Establishment of 
farm units. 
Repeal. 
43 u s e 
423g, 610. 
4 2 3 -
43 u s e 371. 
Appropriations. 
of this section to a resident owner of private lands as provided in 
section 2 of this Act, the Secretary may waive, in whole or in part, 
the provisions of clause (iii) of subsection (b) of that section. 
SEC. 7. Any exchange pursuant to this Act of land that is subject 
to a mortgage contract with the Secretary of Agriculture under the 
Act of October 19, 1949 (63 Stat. 883; 7 U. S. C, 1946 edition, sees. 
1006a and 1006b), and any disposition pursuant to this Act of prop-
erty that is subject to such a mortgage contract, shall be effected only 
in such form and manner and upon such terms and conditions as are 
consistent with the authority of the Secretary of Agriculture over such 
mortgage contract and such property under the Bankhead-Jones Farm 
Tenant Act (50 Stat. 522; 7 U. S. C, sec. 1000 et seq.), as amended, as 
supplemented by said Act of October 19,1949. 
SEC. 8. Where there are two or more timely applicants for a farm 
unit on a particular project or division thereof under the provisions 
of this Act, one or more of whom is an ex-serviceman who would be 
entitled under the applicable statutes to a preference in making entry 
of farm units on such project or division, the ex-serviceman, or one of 
them, shall have a preference in making such exchange. 
Any timely 
applicant for an exchange under the provisions of this Act shall he 
entitled to preference over any other applicant for a farm unit on the 
same project or division thereof. 
SEC. 9. In administering section 3 of the Act of June 17, 1902 (32 
Stat. 388; 43 U. S. C. 434), sections 1 and 5 of the Act of June 27, 
1906 (34 Stat. 519; 43 U. S. C. 434, 448), as amended, and section 3 of 
the Act of August 9, 1912 (37 Stat. 265, 266; 43 U. S. C. 544), the 
Secretary may, to the extent found necessary as shown by a land 
classification to provide farm units sufficient in size to support a 
family, establish such units of not more than three hundred and twenty 
acres containing not more than one hundred and sixty irrigable acres 
designated by him and may permit entry and assignment under the 
homestead laws, and retention and assignment under the desert land 
laws, of such units. 
The lands included in farm units established 
pursuant to the authority of this section and entered under the home-
stead laws may be contiguous or noncontiguous. 
SEC. 10. Subsection M of section 4 of the Act of December 5, 1924 
(43 Stat. 672; 43 IT. S. C, sec. 438), is hereby repealed. 
Nothing con-
tained in this Act shall be held to repeal, supersede, or supplement the 
provisions for exchange and matters related thereto contained in the 
Act of May 25,1926 (44 Stat. 636), as amended and supplemented. 
SEC. 11. As used in this Act, the term "Federal irrigation project" 
means any irrigation project subject to the Federal reclamation laws 
(Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or 
supplementary thereto), to which laws this Act itself shall be deemed 
a supplement. 
SEC. 12. The Secretary may perform any and all acts and make all 
rules and regulations necessary and proper for carrying out the pur-
poses of this Act. 
SEC. 13. Appropriations heretofore or hereafter made for carrying 
on the functions of the Bureau of Reclamation shall be available for 
credits, expenses, charges, and costs provided by or incurred under 
this Act. 
Expenses incurred in carrying out the provisions of sec-
tions 1 to 7, inclusive, of this Act, shall be nonreimbursable and non-
returnable under the Federal reclamation laws. 
Approved August 13, 1953.