US (United States) Code. Title 43. Chapter 13: Federal lands included in state irrigation districts

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Public lands

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-CITE-

43 USC CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE

IRRIGATION DISTRICTS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-

CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-MISC1-

Sec.

621. Subjection of lands in State irrigation district to

State laws generally.

622. Cost of construction and maintenance of irrigation

project as charge on land.

623. Map of district and plan of irrigation project;

approval by Secretary.

624. Entry of approval on land records.

625. Release of unentered land from lien on noncompletion

of irrigation project.

626. Enforcement of lien against entered but unpatented

land.

627. Sale of unpatented and unentered land prohibited;

suspension of entry.

628. Patents to entered but unpatented land.

629. Delivery of notices required by State law; right to

hearing, appeal, etc.

630. Disposition by Government of proceeds of land sold.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 513 of this title.

-End-

-CITE-

43 USC Sec. 621 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-

Sec. 621. Subjection of lands in State irrigation district to State

laws generally

-STATUTE-

When in any State of the United States under the irrigation

district laws of said State there has, prior to August 11, 1916,

been organized and created or shall thereafter be organized and

created any irrigation district for the purpose of irrigating the

lands situated within said irrigation district, and in which

irrigation district so created or to be created there shall be

included any of the public lands of the United States, such public

lands so situated in said irrigation district, when subject to

entry, and entered lands within said irrigation district, for which

no final certificates have been issued, which may be designated by

the Secretary of the Interior in the approval by him of the map and

plat of an irrigation district as provided in section 623 of this

title, are made and declared to be subject to all the provisions of

the laws of the State in which such lands shall be situated

relating to the organization, government, and regulation of

irrigation districts for the reclamation and irrigation of arid

lands for agricultural purposes, to the same extent and in the same

manner in which the lands of a like character held under private

ownership are or may be subject to said laws: Provided, That the

United States and all persons legally holding unpatented lands

under entry made under the public land laws of the United States

are accorded all the rights, privileges, benefits, and exemptions

given by said State laws to persons holding lands of a like

character under private ownership except as in this chapter

otherwise provided: Provided further, That this chapter shall not

apply to any irrigation district comprising a majority acreage of

unentered land.

-SOURCE-

(Aug. 11, 1916, ch. 319, Sec. 1, 39 Stat. 506.)

-End-

-CITE-

43 USC Sec. 622 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-

Sec. 622. Cost of construction and maintenance of irrigation

project as charge on land

-STATUTE-

The cost of constructing, acquiring, purchasing, or maintaining

the canals, ditches, reservoirs, reservoir sites, water, water

right, rights-of-way, or other property incurred in connection with

any irrigation project under said irrigation district laws shall be

equitably apportioned among lands held under private ownership,

lands legally covered by unpatented entries, and unentered public

lands included in said irrigation district. Officially certified

lists of the amounts of charges assessed against the smallest legal

subdivision of said lands shall be furnished to the officer

designated by the Secretary of the Interior of the land district

within which the lands affected are located as soon as such charges

are assessed; but nothing in this chapter shall be construed as

creating any obligation against the United States to pay any of

said charges, assessments, or debts incurred.

All charges legally assessed shall be a lien upon unentered lands

and upon lands covered by unpatented entries included in said

irrigation district.

-SOURCE-

(Aug. 11, 1916, ch. 319, Sec. 2, 39 Stat. 507; Oct. 28, 1921, ch.

114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;

1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,

60 Stat. 1100.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

"Officer designated by the Secretary of the Interior" substituted

for "register" on authority of section 403 of Reorg. Plan No. 3 of

1946, which abolished all registers of district land offices and

transferred functions of register of district land offices to

Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of

1946, set out as a note under section 1 of this title.

Act Mar. 3, 1925, abolished office of surveyor general and

transferred administration of all activities in charge of surveyors

general to Field Surveying Service under jurisdiction of United

States Supervisor of Surveys.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 626 of this title.

-End-

-CITE-

43 USC Sec. 623 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-

Sec. 623. Map of district and plan of irrigation project; approval

by Secretary

-STATUTE-

No unentered lands and no entered lands for which no final

certificates have been issued shall be subject to the lien or liens

herein contemplated until there shall have been submitted by said

irrigation district to the Secretary of the Interior, and approved

by him, a map or plat of said district and sufficient detailed

engineering data to demonstrate to the satisfaction of the

Secretary of the Interior the sufficiency of the water supply and

the feasibility of the project, and which shall explain the plan or

mode of irrigation in those irrigation districts where the

irrigation works have not been constructed, and which plan shall be

sufficient to thoroughly irrigate and reclaim said land and prepare

it to raise ordinary agricultural crops, and which shall also show

the source of water to be used for irrigation of land included in

said district: Provided, That in those irrigation districts

organized prior to August 11, 1916, and whose irrigation works had

then been constructed and were then in operation as soon as a

satisfactory map, plat, and plan shall have been approved by the

Secretary of the Interior, as in this chapter provided, such

entered and unentered lands shall be subject to all district taxes

and assessments theretofore actually levied against the lands in

said district and in the same manner in which lands of a like

character held under private ownership are subject to liens and

assessments.

-SOURCE-

(Aug. 11, 1916, ch. 319, Sec. 3, 39 Stat. 507.)

-COD-

CODIFICATION

Section is comprised of section 3 (less the first proviso) of act

Aug. 11, 1916. The remainder of section 3 is classified to section

625 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 513, 621 of this title.

-End-

-CITE-

43 USC Sec. 624 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-

Sec. 624. Entry of approval on land records

-STATUTE-

Upon the approval of the district map or plat as hereinbefore

provided by the Secretary of the Interior the officer designated by

the Secretary of the Interior will note said approval upon his

records where any unentered or entered and unpatented lands are

affected.

-SOURCE-

(Aug. 11, 1916, ch. 319, Sec. 4, 39 Stat. 508; Oct. 28, 1921, ch.

114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;

1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,

60 Stat. 1100.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

"Officer designated by the Secretary of the Interior" substituted

for "register" on authority of section 403 of Reorg. Plan No. 3 of

1946, which abolished all registers of district land offices and

transferred function of register of district land offices to

Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of

1946, set out as a note under section 1 of this title.

Act Mar. 3, 1925, abolished office of surveyor general and

transferred administration of all activities in charge of surveyors

general to Field Surveying Service under jurisdiction of United

States Supervisor of Surveys.

-End-

-CITE-

43 USC Sec. 625 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-

Sec. 625. Release of unentered land from lien on noncompletion of

irrigation project

-STATUTE-

The Secretary of the Interior may, upon the expiration of ten

years from the date of his approval of said map and plan of any

irrigation district, release from the lien authorized by this

chapter any unentered land or lands upon which final certificate

has not issued, for which irrigation works have not been

constructed and water of such district made available for the land.

-SOURCE-

(Aug. 11, 1916, ch. 319, Sec. 3, 39 Stat. 508.)

-COD-

CODIFICATION

Section is comprised of the first proviso in section 3 of act

Aug. 11, 1916. The remainder of section 3 is classified to section

623 of this title.

-End-

-CITE-

43 USC Sec. 626 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-

Sec. 626. Enforcement of lien against entered but unpatented land

-STATUTE-

The lien described in section 622 of this title upon land covered

by unpatented entries may be enforced upon said unpatented lands by

the sale thereof in the same manner and under the same proceeding

whereby said assessments are enforced against lands held under

private ownership: Provided, That in the case of entered unpatented

lands the title or interest which such irrigation district may

convey by tax sale, tax deed, or as a result of any tax proceeding

shall be subject to the following conditions and limitations: If

such unpatented land be withdrawn under the Act of June 17, 1902

(32 Stat. 388), known as the reclamation Act, or subject to the

provisions of said Act, then the interest which the district may

convey by such tax proceedings or tax deed shall be subject to a

prior lien reserved to the United States for all the unpaid charges

authorized by the said Act, but the holder of such tax deed or tax

title resulting from such district tax shall be entitled to all the

rights and privileges in the land included in such tax title or tax

deed of an assignee under the provisions of section 441 of this

title, and upon submission to the United States land office of the

district in which the land is located of satisfactory proof of such

tax title, the name of the holder thereof shall be indorsed upon

the records of such land office as entitled to the rights of one

holding a complete and valid assignment under section 441 of this

title and such person may at any time thereafter receive patent

upon submitting satisfactory proof of the reclamation and

irrigation required by Act June 17, 1902, and Acts amendatory

thereto, and making the payments required by said Acts.

-SOURCE-

(Aug. 11, 1916, ch. 319, Sec. 2, 39 Stat. 507.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to chapter 12

(Sec. 371 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

371 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-

43 USC Sec. 627 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-

Sec. 627. Sale of unpatented and unentered land prohibited;

suspension of entry

-STATUTE-

No public lands which were unentered at the time any tax or

assessment was levied against same by such irrigation district

shall be sold for such taxes or assessments, but such tax or

assessment shall be and continue a lien upon such lands, and not

more than one hundred and sixty acres of such land shall be entered

by any one person; and when such lands shall be applied for, after

said approval by the Secretary of the Interior, under the homestead

or desert-land laws of the United States the application shall be

suspended for a period of thirty days to enable the applicant to

present a certificate from the proper district or county officer

showing that no unpaid district charges are due and delinquent

against said land.

-SOURCE-

(Aug. 11, 1916, ch. 319, Sec. 5, 39 Stat. 508.)

-REFTEXT-

REFERENCES IN TEXT

The desert-land laws of the United States, referred to in text,

are classified generally to chapter 9 (Sec. 321 et seq.) of this

title.

-End-

-CITE-

43 USC Sec. 628 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-

Sec. 628. Patents to entered but unpatented land

-STATUTE-

Any entered but unpatented lands not subject to reclamation Act

of June 17, 1902 (32 Stat. 388) sold in the manner and for the

purposes mentioned in this chapter may be patented to the purchaser

thereof or his assignee at any time after the expiration of the

period of redemption allowed by law under which it may have been

sold (no redemption having been made) upon the payment to the

officer designated by the Secretary of the Interior of the local

land office of the minimum price of $1.25 per acre, or such other

price as may be fixed by law for such lands, together with the

usual fees and commissions charged in entries of like lands under

the homestead laws, and upon a satisfactory showing that the

irrigation works have been constructed and that water of the

district is available for such land; but the purchaser or his

assignee shall, at the time of application for patent, have the

qualification of a homestead entryman or desert-land entryman, and

not more than one hundred and sixty acres of said land shall be

patented to any one purchaser under the provisions of this chapter.

These limitations shall not apply to sales to irrigation

districts, but shall apply to purchasers from such irrigation

districts of such land bid in by said district.

Unless the purchaser or his assignee of such lands shall, within

ninety days after the time for redemption has expired, pay to the

proper officer designated by the Secretary of the Interior all fees

and commissions and the purchase price to which the United States

shall be entitled as provided for in this chapter, any person

having the qualification of a homestead entryman or a desert-land

entryman may pay to the proper officer designated by the Secretary

of the Interior for not more than one hundred and sixty acres of

said lands, for which payment has not been made, the unpaid

purchase price, fees, and commissions to which the United States

may be entitled; and upon satisfactory proof that he has paid to

the purchaser at the tax sale, or his assignee or to the proper

officer of the district for such purchaser or for the district, as

the case may be, the sum for which the land was sold at sale for

irrigation-district charges or bid in by the district at such sale,

and in addition thereto the interest and penalties on the amount

bid at the rate allowed by law, shall be subrogated to the rights

of such purchaser to receive patent for said land.

In any case where any tract of entered land lying within such

approved irrigation district shall become vacant by relinquishment

or cancellation for any cause, any subsequent applicant therefor

shall be required, in addition to the qualifications and

requirements otherwise provided, to furnish satisfactory proof by

certificate from the proper district or county officer that he has

paid all charges then due to the district upon said land and also

has paid to the proper district or county officer for the holder or

holders of any tax certificates, delinquency certificates, or other

proper evidence of purchase at tax sale the amount for which the

said land was sold at tax sale, together with the interest and

penalties thereon provided by law.

-SOURCE-

(Aug. 11, 1916, ch. 319, Sec. 6, 39 Stat. 508; Oct. 28, 1921, ch.

114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;

1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,

60 Stat. 1100.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation Act of June 17, 1902, referred to in text, is

classified generally to chapter 12 (Sec. 371 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 371 of this title and

Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

"Officer designated by the Secretary of the Interior" substituted

for "register" on authority of section 403 of Reorg. Plan No. 3 of

1946, which abolished all registers of district land offices and

transferred functions of register of district land office to

Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of

1946, set out as a note under section 1 of this title.

Previously, references to "receiver" were changed to "register"

by acts Oct. 28, 1921, and Mar. 3, 1925.

-End-

-CITE-

43 USC Sec. 629 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-

Sec. 629. Delivery of notices required by State law; right to

hearing, appeal, etc.

-STATUTE-

All notices required by the irrigation district laws mentioned in

this chapter shall, as soon as such notices are issued, be

delivered to the officer designated by the Secretary of the

Interior of the proper land office in cases where unpatented lands

are affected thereby, and to the entryman whose unpatented lands

are included therein, and the United States and such entryman shall

be given the same rights to be heard by petition, answer,

remonstrance, appeal, or otherwise as are given to persons holding

lands in private ownership, and all entrymen shall be given the

same rights of redemption as are given to the owners of lands held

in private ownership.

-SOURCE-

(Aug. 11, 1916, ch. 319, Sec. 7, 39 Stat. 509; Oct. 28, 1921, ch.

114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;

1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,

60 Stat. 1100.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

"Officer designated by the Secretary of the Interior" substituted

for "register" on authority of section 403 of Reorg. Plan No. 3 of

1946, which abolished all registers of district land offices and

transferred functions of register of district land office to

Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of

1946, set out as a note under section 1 of this title.

Previously, reference to "receiver" was changed to "register" by

acts Oct. 28, 1921 and Mar. 3, 1925.

-End-

-CITE-

43 USC Sec. 630 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-

Sec. 630. Disposition by Government of proceeds of land sold

-STATUTE-

All moneys derived by the United States from the sale of public

lands referred to in this chapter shall be paid into such funds and

applied as provided by law for the disposal of the proceeds from

the sale of public lands.

-SOURCE-

(Aug. 11, 1916, ch. 319, Sec. 8, 39 Stat. 509.)

-End-