43 CFR 426.13 - Excess land appraisals.

§ 426.13 Excess land appraisals.

(a)When does Reclamation appraise the value of a landowner's land? Reclamation appraises excess land or land burdened by a deed covenant upon a landowner's request or when required by Reclamation. If a landowner does not request an appraisal within 6 months of the maturity date of a recordable contract, Reclamation, in its discretion, can initiate the appraisal.

(b)Procedures Reclamation uses to determine the sale price of excess land or land burdened by a deed covenant. Reclamation complies with the following procedures to determine the sale price of excess land and land burdened by a deed covenant, except if a landholder owns land subject to a recordable contract that was in force on October 12, 1982, or other pertinent contract that was in force on that date, and these regulations would be inconsistent with provisions in such a contract:

(1)Appraisals of land. Reclamation will base all appraisals of land on the fair market value of the land at the time of appraisal without reference to the construction of the irrigation works. Reclamation must use standard appraisal procedures including: the income, comparable sales, and cost methods, as applicable. Reclamation will consider nonproject water supply factors as provided in paragraph (c)(1) of this section as appropriate; and

(2)Appraisal of improvements to land. Reclamation will assess the contributory fair market value of improvements to land, as of the date of appraisal, using standard appraisal procedures.

(c)Appraisals of nonproject water supplies.

(1) The appraiser will consider nonproject water supply factors, where appropriate, including:

(i) Ground water pumping lift;

(ii) Surface water supply;

(iii) Water quality; and

(iv) Trends associated with paragraphs (c)(1) (i) through (iii) of this section, where appropriate.

(2) Reclamation will develop the nonproject water supply and trend information with the assistance of:

(i) The district in which the land is located, if the district desires to participate;

(ii) Landowners of excess land or land burdened by a deed covenant and prospective buyers who submit information either to the district or Reclamation; and

(iii) Public meetings and forums, at the discretion of Reclamation.

(3) Data submitted may include:

(i) Historic geologic data;

(ii) Changing crops and cropping patterns; and

(iii) Other factors associated with the nonproject water supply.

(4) If Reclamation and the district cannot reach agreement on the nonproject water supply information within 60-calendar days, Reclamation will review and update the trend information as it deems necessary and make all final determinations considering the data provided by Reclamation and the district. Reclamation will provide these data to the appraisers who must consider the data in the appraisal process, and clearly explain how they used the data in the valuation of the land.

(d)The date of the appraisal. The date of the appraisal will be the date of last inspection by the appraiser(s) unless there is a prior signed instrument, such as an option, contract for sale, agreement for sale, etc., affecting the property. In those cases, the date of appraisal will be the date of such instrument.

(e)Cost of appraisal. If the appraisal is:

(1) The land's first appraisal, the United States will initially pay the costs of appraising the value of the land, but such costs will be added to the approved sale price for the land. The United States will reimburse itself for these costs from the sale of the land;

(2) Not the land's first appraisal, the landowner requesting the appraisal must pay any costs associated with the reappraisal, unless the value set by the reappraisal differs by more than 10 percent, in which case the United States will pay for the reappraisal; or

(3) Associated with a sales price reformation as specified in § 426.12(f)(1), the landowner requesting the appraisal must pay any costs associated with the appraisal.

(f)Appraiser selection. Reclamation will select a qualified appraiser to appraise the excess land or land burdened by a deed covenant, except as specified within paragraph (g) of this section.

(g)Appraisal dispute resolution. The landowner who requested the appraisal may request that the United States conduct a second appraisal of the excess land or land burdened by a deed covenant if the landowner disagrees with the first appraisal. The second appraisal will be prepared by a panel of three qualified appraisers, one designated by the United States, one designated by the district, and the third designated jointly by the first two. The appraisal made by the panel will fix the maximum value of the excess land and will be binding on both parties after review and approval as provided in paragraph (h) of this section.

(h)Review of appraisals of excess land or land burdened by a deed covenant. Reclamation will review all appraisals of excess land or land burdened by a deed covenant for:

(1) Technical accuracy and compliance with these rules and regulations;

(2) Applicable portions of the “Uniform Appraisal Standards for Federal Land Acquisition-Interagency Land Acquisition Conference 1973,” as revised in 1992;

(3) Reclamation policy; and

(4) Any detailed instructions provided by Reclamation setting conditions applicable to an individual appraisal.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 16 - CONSERVATION
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 43 - PUBLIC LANDS

§ 390aa - Congressional declaration of purpose; short title

§ 390bb - Definitions

§ 390cc - New or amended contracts

§ 390dd - Limitation on ownership

§ 390ee - Pricing

§ 390ff - Certification of compliance

§ 390gg - Equivalency

§ 390hh - Operation and maintenance charges

§ 390ii - Disposition of excess lands

§ 390jj - Water conservation

§ 390kk - Residency not required

§ 390ll - Corps of Engineers projects

§ 390mm - Repayment of construction charges

§ 390nn - Trusts

§ 390oo - Temporary supplies of water

§ 390pp - Involuntary foreclosure

§ 390qq - Isolated tracts

§ 390rr - Central Arizona Project

§ 390ss - Religious or charitable organizations

§ 390tt - Contract required

§ 390uu - Waiver of sovereign immunity

§ 390vv - Excess crop restrictions

§ 390ww - Administrative provisions

§ 390xx - Validation of contracts entered into prior to October 1, 1981

§ 390yy - Leasing requirements

§ 390zz - Reporting

§ 390zz-1

§ 418 - Private lands within project; agreement as to disposal of excess over farm unit

§ 423 - Permanently unproductive lands; exclusion from project; disposition of water right

§ 423a - Construction charges on permanently unproductive lands already paid; disposition

§ 423b - Suspension of payment of construction charges against areas temporarily unproductive

§ 423c - Exchange of unpatented entries; entries, farms or private lands, eliminated from project; rights not assignable; rights of lienholders; preference to ex-service men

§ 423d - Amendment of existing water right contracts by Secretary of the Interior

§ 423e - Completion of new projects or new division; execution of contract with district as condition precedent to delivery of water; contents of contract; cooperation of States with United States; limitations on sale of land

§ 423f - Purpose of sections 423 to 423g and 610

§ 423g - Adjustment of water right charges as final adjudication on projects and divisions named

§ 423h - Delivery of water to excess lands upon death of spouse

§ 424 - Disposal of lands classified as temporarily or permanently unproductive; persons who may take

§ 424a - Sale of unproductive lands; terms; area purchasable; tracts included

§ 424b - Application of certain statutes to lands sold

§ 424c - Issuance of patents; recitals in patents; reservations

§ 424d - Use of moneys collected from sales, project construction charges and water rentals respecting unproductive lands

§ 424e - Authority of Secretary of the Interior; rules and regulations

§ 425 - Exemption of lands owned by States, etc., from acreage limitation on receipt of irrigation benefits; determination of exempt status

§ 425a - Eligibility of transferred lands owned by States, etc., for receipt of water from a Federal reclamation project, division, or unit; conditions of eligibility; purchase price

§ 425b - Receipt of project water by lessees of irrigable lands owned by States, etc.; time limitation; applicability of acreage limitations

§ 431 - Limitation as to amount of water; qualifications of applicant

§ 434 - Amount of land for which entry may be made; farm unit; subdivision of lands

§ 440 - Regulations as to use of water and requirements as to cultivation and reclamation of land; cancellation for noncompliance with requirements

§ 451 - Conditions necessary for exchange; terms; credits; rights nonassignable

§ 451a - Persons eligible for benefits

§ 451b - Irrigation construction charges

§ 451c - Cancellation of charges or liens; credits

§ 451d - Disposal of improvements; water rights; revertibil­ity of relinquished land

§ 451e - Amendment of farm unit; application; amount of land; exchange; waiver

§ 451f - Exchanges subject to mortgage contracts

§ 451g - Preferences; veterans; timely applicants

§ 451h - Establishment of farm units; size; contiguous or noncontiguous

§ 451i - “Federal irrigation project” defined

§ 451j - Rules and regulations

§ 451k - Availability of appropriations; expenses as nonreimbursable

§ 462 - Classification of irrigable lands and equitable apportionment of charges

§ 485 - Declaration of policy

§ 485a - Definitions

§ 485b - Amendment of existing repayment contracts

§ 485b-1

§ 485c - Repealed. Pub. L. 85–611, § 3, Aug. 8, 1958, 72 Stat. 543

§ 485d - Time of payments to the United States

§ 485e - Maintenance and operation of project works; delinquency penalties

§ 485f - Negotiation of equitable contracts by Secretary

§ 485g - Classification of lands

§ 485h - New projects; sale of water and electric power; lease of power privileges

§ 485h-1

§ 485h-2

§ 485h-3

§ 485h-4

§ 485h-5

§ 485h-6

§ 485h-7

§ 485i - Rules and regulations

§ 485j - Effect on existing laws

§ 485k - Short title

§ 491 - Authority of Secretary to operate works

§ 492 - Operation and maintenance charges generally

§ 493 - Operation charges; date of payment; discount; advance payment

§ 493a - Omitted

§ 494 - Pecuniary penalty for nonpayment of operation charge

§ 495 - Shutting off water for nonpayment of operation charge

§ 496 - Cancellation of entry or water right for nonpayment of operation charge

§ 497 - Action to recover operation charge and penalty

§ 498 - Transfer of management and operation of works to water users generally

§ 499 - Discretionary power to transfer management

§ 499a - Transfer of title to movable property; use of appropriations

§ 499b - Transfer to municipal corporations or other organizations of care, operation, and maintenance of works supplying water for municipal, domestic, or industrial use

§ 500 - Duty of association or district to take over management

§ 501 - Disposition of profits of project taken over by water users

§ 502 - Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law

§ 503 - “Unusual or emergency conditions” defined

§ 504 - Rehabilitation and betterment of Federal reclamation projects, including small reclamation proj­ects; return of costs; interest; definitions; performance of work

§ 505 - Drainage facilities and minor construction in irrigation works; contracts with repayment organizations; limitation on costs; submission of contract to Congress

§ 511 - Authority to contract with irrigation district

§ 512 - Release of Government liens after contract with irrigation districts

§ 513 - Lands in project subject to provisions of chapter; after contract with irrigation district

§ 544 - Limitation as to holdings prior to final payment of charges; forfeiture of excess holding

Public Laws
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