§ 641. Grant of desert land to States authorized

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.

1. 1894

   Pub. L. 53–301 § 4 · 28 Stat. 372

   Enacted · 43 U.S.C. § 641

   Aug. 18, 1894, ch. 301, § 4, 28 Stat. 422

   Source evidence

   Code source credit
   Aug. 18, 1894, ch. 301, § 4, 28 Stat. 422

   Enacted provision · exact public law section
   Sec. 4. That to aid the public land States in the reclamation of the Desert lands. Grants to States Irrigating. desert lands therein, and the settlement, cultivation and sale thereof in small tracts to actual settlers, the Secretary of the Interior with the approval of the President, be, and hereby is, authorized and empowered, upon proper application of the State to contract and agree, from time to time, with each of the States in which there may be situated Vol. 19, p. 377. desert lands as defined by the Act entitled “An Act to provide for the sale of desert land in certain States and Territories,” approved March third, eighteen hundred and seventy-seven, and the Act amendatory Vol. 26, p. 1096. thereof, approved March third, eighteen hundred and ninety-one, binding the United States to donate, grant and patent to the State free of cost for survey or price such desert lands, not exceeding one million acres in each State, as the State may cause to be irrigated, reclaimed occupied, and not less than twenty acres of each one hundred and sixty-acre tract cultivated by actual settlers, within ten years next after the passage of this Act, as thoroughly as is required of citizens who may enter under the said desert land law. Before the application of any State is allowed or any contract or Plan of proposed irrigation to be filed. agreement is executed or any segregation of any of the land from the public domain is ordered by the Secretary of the Interior, the State shall file a map of the said land proposed to be irrigated which shall exhibit a plan showing the mode of the contemplated irrigation and which than shall be sufficient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary agricultural crops and shall also show the source of the water to be used for irrigation and reclamation, Regulations. and the Secretary of the Interior may make necessary regulations for the reservation of the lands applied for by the States to date from the date of the tiling of the map and plan of irrigation, but such Reservation shall be of no force whatever if such map and plan of irrigation Contracts authorized. shall not be approved. That any State contracting under this section is hereby authorized to make all necessary contracts to cause the said lands to be reclaimed, and to induce their settlement and cultivation in accordance with and subject to the provisions of this section; but the State shall not be authorized to lease any of said lands or to use or dispose of the same in any way whatever, except to secure their reclamation, cultivation and settlement. As fast as any State may furnish satisfactory proof according to such Issue of patents for lands reclaimed. rules and regulations as may be prescribed by the Secretary of the Interior, that any of said lands are irrigated, reclaimed and occupied by actual settlers, patents shall be issued to the State or its assigns for said lands so reclaimed and settled: Provided, That Proviso. Limit to one person. said States shall not sell or dispose of more than one hundred and sixty acres of said lands to any one person, and any surplus of money derived by any State from the sale of said lands in excess of the cost of their reclamation, shall be held as a trust fund for and be applied to the reclamation of other desert lands in such State. That to enable the Secretary of the Interior to examine any of the lands that may be selected Examination. under the provisions of this section, there is hereby appropriated out of any moneys in the Treasury, not otherwise appropriated, one thousand dollars.

2. 1976

   Pub. L. 94–579 title VII § 704(a) · 90 Stat. 2743

   Struck · 43 U.S.C. § 641

   Pub. L. 94–579 struck out provisions authorizing Secretary of the Interior to promulgate regulations for reservation of lands by the State

   Source evidence

   Code amendment note
   Pub. L. 94–579 struck out provisions authorizing Secretary of the Interior to promulgate regulations for reservation of lands by the State.

   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.

2 of 2 references resolved to an enrolled provision