Title 43 — Public Lands
Chapter 12 — Reclamation and Irrigation of Lands by Federal Government
§ 432. Entry under homestead laws generally
Statutory text
Public lands which it is proposed to irrigate by means of any contemplated works shall be subject to entry only under the provisions of the homestead laws, and shall be subject to the limitations, charges, terms, and conditions herein provided: Provided, That the commutation provisions of the homestead laws shall not apply to entries made under this Act.
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.
Pub. L. 57–1093 § 3 · 32 Stat. 388
Enacted · 43 U.S.C. § 432
(June 17, 1902, ch. 1093, § 3, 32 Stat. 388.)
Source evidence
Code source credit
(June 17, 1902, ch. 1093, § 3, 32 Stat. 388.)Enacted provision · exact public law section
Sec. 3. That the Secretary of the Interior shall, before giving the public notice provided for in section four of this Act, withdraw from public entry the lands required for any irrigation works contemplated Restoration. under the provisions of this Act, and shall restore to public entry any of the lands so withdrawn when, in his judgment, such lands are not Entry of irrigable lands. required for the purposes of this Act; and the Secretary of the Interior is hereby authorized, at or immediately prior to the time of beginning the surveys for any contemplated irrigation works, to withdraw from entry, except under the homestead laws, any public Provisos. Homestead entries. lands believed to be susceptible of irrigation from said works: Provided, That all lands entered and entries made under the homestead laws within areas so withdrawn during such withdrawal shall be subject to all the provisions, limitations, charges, terms, and conditions Surveys, etc. of this Act; that said surveys shall be prosecuted diligently to completion, and upon the completion thereof, and of the necessary maps, plans, and estimates of cost, the Secretary of the Interior shall determine whether or not said project is practicable and advisable, and if determined to be impracticable or unadvisable he shall thereupon restore said lands to entry; that public lands which it is proposed to irrigate by means-of any contemplated works shall be subject to entry only under the provisions of the homestead laws in tracts of not less than forty nor more than one hundred and sixty acres, and shall be subject to the limitations, charges, terms, and conditions herein provided: Provided, That the commutation provisions of the homestead Commutation not allowed. laws shall not apply to entries made under this Act.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
This Act, referred to in text, is act , popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
Codification
Section is comprised of part of section 3 of act . Remainder of section 3 is classified to sections 416 and 434 of this title.
Statutory Notes and Related Subsidiaries
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.
Credits
(June 17, 1902, ch. 1093, § 3, 32 Stat. 388.)