Title 43 — Public Lands
Chapter 12 — Reclamation and Irrigation of Lands by Federal Government
§ 561. Survey and subdivision of land for town sites; reservation for public purposes
Statutory text
The Secretary of the Interior may in connection with irrigation projects under the reclamation Act of June seventeenth, nineteen hundred and two, not exceeding one hundred and sixty acres in each case, survey and subdivide the same into town lots, with appropriate reservations for public purposes: Provided, That, whenever, in the opinion of the Secretary of the Interior, it shall be advisable for the public interest, he may dispose of town sites in excess of one hundred and sixty acres.
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. 59–1631 § 1 · 34 Stat. 116
Enacted · 43 U.S.C. § 561
Apr. 16, 1906, ch. 1631, § 1, 34 Stat. 116
Source evidence
Code source credit
Apr. 16, 1906, ch. 1631, § 1, 34 Stat. 116Pub. L. 94–579 title VII § 704(a) · 90 Stat. 2743
Struck · 43 U.S.C. § 561
Pub. L. 94–579 struck out provisions authorizing withdrawal from public entry any lands needed for town-site purposes
Source evidence
Code amendment note
Pub. L. 94–579 struck out provisions authorizing withdrawal from public entry any lands needed for town-site purposes.Enacted provision · exact public law section
(a) Effective on and after the date of approval of this Act, the implied authority of the President to make withdrawals and reservations resulting from acquiescence of the Congress (U.S. v. Midwest Oil Co., 236 U.S. 459) and the following statutes and parts of statutes are repealed; Act of Chapter Section Statute at Large 43 U.S. Code Oct. 2, 1888 1069 25: 527 662. Only the following portion under the section beaded U.S. Geological Survey: The last sentence of the paragraph relating to investigation of irrigable lands in the arid region, including the proviso at the end thereof. Mar. 3, 1891 561 24 26:1103 16 U.S.C. 471. Mar. 1, 1893 183 21 27: 510 33 U.S.C. 681. Aug. 18, 1894 4 28: 422 641. Only that portion of the first sentence of the second paragraph beginning with “and the Secretary’ of the Interior” and ending with “shall not be approved.” May 14, 1898 299 10 30: 413 687a–4. Only the fifth proviso of the first paragraph. June 17, 1902 1093 3 32: 388 416. Apr. 16, 1906 1631 1 34:116 561. Only the words “withdraw from public entry any lands needed for townsite purposes”, and also after the word “case”, the word “and”. June 27, 1906 3559 4 34: 520 561. Only the words “withdraw and” Mar. 15, 1910 96 36: 237 643. June 25, 1910 421 1, 2 36: 847 141, 142, 16 U.S.C. 471(a). All except the second and third provisos. June 25, 1910 431 13 36: 858 148. Mar. 12, 1914 37 1 38:305 975b. Only that portion which authorizes the President to withdraw, locate, and dispose of lands for townsites. Oct. 5, 1914 316 38: 727 569(a), June 9, 1916 137 2 39: 219 Under “Class One, only the wards “withdrawal and. Dec. 29, 1916. 9 10 39: 865 300. June 7, 1924 348 9 43:655 16 U.S.C. 471, Aug. 19, 1935 561 Sec. 4 49: 661 22 U.S.C. 277c. In “Sec. 4”. only paragraph “c” except the proviso thereof. Mar. 3, 1927 299 4 44:1347 25 U.S.C. 3BM. Only the proviso thereof. May 24, 1928 729 4 45: 729 49 U.S.C. 214, Dec. 21, 1928 42 9 45: 1063 617h. Mar. 6, 1946 58 69: 36 617b. First sentence only. June 16, 1934 557 “Sec. 40(a)” 48: 977. 30 U.S.C. 229a. The proviso only. May 1, 1936 254 2 49:1250 May 31, 1938 304 52:593 25 U.S.C. 497. July 20, 1939 334 53:1071 16 U.S.C. 471b. May 28, 1940 220 1 54: 224. 16 U.S.C. 552a. All except the second proviso. Apr. 11, 1956 203 8 70:110 620g. Only the words “and to withdraw public lands from entry or other disposition under the public land laws.” Aug. 10, 1956 Chapter 949 9772 70A: 588 10 U.S.C. 4472, 9772, Aug. 16, 1952 P.L. 87–590 4 76: 389 616c. Only the words “and to withdraw public lands from entry or other disposition under the public land laws.”Effective date note
Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the amendment made by section 704(a) is effective on and after Oct. 21, 1976.
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The reclamation 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
Introductory provisions are from the first section of act . The proviso is from part of the proviso of section 4 of act . Another part of the proviso of section 4 of act , is classified to section 568 of this title. The remainder of section 4 of act , was classified to former section 594 of this title.
Amendments
1976—Pub. L. 94–579 struck out provisions authorizing withdrawal from public entry any lands needed for town-site purposes.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Pub. L. 94–579, title VII, § 704(a), , 90 Stat. 2792, provided that the amendment made by section 704(a) is effective on and after .
Savings Provision
Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on , see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
Credits
1906–1976 · 3 acts
- 1906Apr. 16, 1906, ch. 1631, § 1, 34 Stat. 116
- 1906June 27, 1906, ch. 3559, § 4, 34 Stat. 520
- 1976Pub. L. 94–579, title VII, § 704(a), , 90 Stat. 2792.
Show as published
(Apr. 16, 1906, ch. 1631, § 1, 34 Stat. 116; June 27, 1906, ch. 3559, § 4, 34 Stat. 520; Pub. L. 94–579, title VII, § 704(a), , 90 Stat. 2792.)