[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR413.3]

[Page 550-551]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
      CHAPTER I--BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR
 
PART 413--ASSESSMENT BY IRRIGATION DISTRICTS OF LANDS OWNED BY THE UNITED STATES, COLUMBIA BASIN PROJECT, WASHINGTON--Table of Contents
 
Sec. 413.3  Assessment of settlement lands.

    (a) Settlement lands, which the United States is not under contract 
to sell or exchange at the time a district makes its annual levy of 
assessments shall not be assessed, except as provided in paragraph (c) 
of this section. If the United States thereafter contracts to sell or 
exchange such lands before the end of the irrigation season following 
the date of the annual levy, the purchaser will be required to make 
appropriate payment to the district for the water service which will be 
available to the purchaser during that irrigation season or the 
remaining portion thereof.
    (b) From the date the United States contracts to sell or exchange 
settlement lands until title thereto passes to the purchaser under such 
contract, or until the rights of the purchaser are terminated or 
reacquired by the United

[[Page 551]]

States settlement lands shall be subject to assessment by a district on 
the same basis as other lands of like character within the operation of 
the district.
    (c) Settlement lands, which the United States is not under contract 
to sell or exchange at the time a district makes its levy may be 
assessed by a district to the extent of the construction charge 
obligation installment required to be levied for the following year on 
such lands on account of the district's construction cost obligation to 
the United States. No other levies shall be made by a district against 
settlement lands in this status.
    (d) While settlement lands which the United States has leased for 
use as irrigated lands and which the United States has not contracted to 
sell or exchange may not be assessed by a district except as provided in 
paragraph (c) of this section, lessees shall pay the district the same 
amounts annually that would be required to be paid for water service if 
the lands were subject to assessment therefor, in addition to any 
assessment levied under paragraph (c) of this section.
    (e) Assessments made by a district against settlement lands while 
the United States is under contract to sell or exchange such lands shall 
be subject to all interest and penalties for delinquency as provided by 
the laws of Washington, but interest and penalties shall cease to 
accumulate on the date such contract is terminated or the purchaser's 
interest therein reacquired by the United States.
    (f) No action shall be taken by or for a district to enforce any 
lien created as permitted under the regulations in this part by 
assessment foreclosure or other means that would purport to transfer any 
right in or title to any land or interests therein while title thereto 
is vested in the United States. Although the United States does not 
assume any obligation for the payment of such liens, it will in any 
conveyance of settlement lands covered thereby convey subject to those 
liens.