Title 43 — Public Lands
Chapter 12 — Reclamation and Irrigation of Lands by Federal Government
§ 434. Amount of land for which entry may be made; farm unit; subdivision of lands
Statutory text
Public lands which it is proposed to irrigate by means of any contemplated works shall be subject to entry in tracts of not less than forty nor more than one hundred and sixty acres: Provided, That whenever, in the opinion of the Secretary of the Interior, by reason of market conditions and the special fitness of the soil and climate for the growth of fruit and garden produce, a lesser area than forty acres may be sufficient for the support of a family on lands to be irrigated under the provisions of the Act of June seventeenth, nineteen hundred and two, known as the reclamation Act, he may fix a lesser area than forty acres as the minimum entry and may establish farm units of not less than ten nor more than one hundred and sixty acres. Wherever it may be necessary, for the purpose of accurate description, to further subdivide lands to be irrigated under the provisions of said reclamation Act, the Secretary of the Interior may cause subdivision surveys to be made by the officers of the reclamation service, which subdivisions shall be rectangular in form, except in cases where irregular subdivisions may be necessary in order to provide for practicable and economical irrigation. Such subdivision surveys shall be noted upon the tract books in the Bureau of Land Management, and they shall be paid for from the reclamation fund: Provided, That an entryman may elect to enter under said reclamation Act a lesser area than the minimum limit in any State or Territory.
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. § 434
June 17, 1902, ch. 1093, § 3, 32 Stat. 388
Source evidence
Code source credit
June 17, 1902, ch. 1093, § 3, 32 Stat. 388Enacted 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 under the provisions of this Act, and shall restore to public entry any of the lands so withdrawn when, in his judgment, such lands are not Entry of irrigable lands.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
Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, 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 a part of section 3 of act , and section 1 of act . Remainder of section 3 of act , is classified to sections 416 and 432 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.
Executive Documents
Change of Name
The Reclamation Service, established in July 1902, changed to the Bureau of Reclamation on , then to the Water and Power Resources Service on , and then to the Bureau of Reclamation on . See 155 Dep’t of the Interior, Departmental Manual 1.1 (2008 repl.); Sec’y Hubert Work, Dep’t of the Interior, Order (); Sec’y Cecil D. Andrus, Dep’t of the Interior, Secretarial Order 3042, §§ 1, 4 (); Sec’y James G. Watt, Dep’t of the Interior, Secretarial Order 3064, §§ 3, 5 ().
Transfer of Functions
“Bureau of Land Management” substituted in text for “General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.
Credits
1902–1946 · 3 acts
- 1902June 17, 1902, ch. 1093, § 3, 32 Stat. 388
- 1906June 27, 1906, ch. 3559, § 1, 34 Stat. 519
- 19461946 Reorg. Plan No. 3, § 403, eff. , 11 F.R. 7876, 60 Stat. 1100.
Show as published
(June 17, 1902, ch. 1093, § 3, 32 Stat. 388; June 27, 1906, ch. 3559, § 1, 34 Stat. 519; 1946 Reorg. Plan No. 3, § 403, eff. , 11 F.R. 7876, 60 Stat. 1100.)