US (United States) Code. Title 43. Chapter 14: Grants of desert lands to States for reclamation

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

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-CITE-

43 USC CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR

RECLAMATION 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-

CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-MISC1-

Sec.

641. Grant of desert land to States authorized.

641a. Issuance of quitclaim deeds; patents for segregated

lands.

641b. Filing of application for quitclaim deeds.

641c. Requirements of application for quitclaim deed.

641d. Effective date of quitclaim; administration of lands

relinquished by States.

642. Liens for expenses of reclamation.

643. Repealed.

644. Preference right to entryman under State laws.

645. Additional arid lands available to Colorado, Idaho,

Nevada, and Wyoming for reclamation.

646. Grant extended to New Mexico and Arizona.

647. Grant extended to desert lands within part of former

Ute Indian Reservation in Colorado.

648. Omitted.

-End-

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43 USC Sec. 641 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-

Sec. 641. Grant of desert land to States authorized

-STATUTE-

To aid the public-land States in the reclamation of the 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 is, as of August 18, 1894, 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 desert lands as defined by the Act approved March

3, 1877, and the Act amendatory thereof, approved March 3, 1891,

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, as thoroughly as is required of citizens who may enter

under the desert-land law within ten years from the date of

approval by the Secretary of the Interior of the State's

application for the segregation of such lands; and if actual

construction of reclamation works is not begun within three years

after the segregation of the lands or within such further period

not exceeding three years, as shall be allowed by the Secretary of

the Interior, the said Secretary of the Interior, in his

discretion, may restore such lands to the public domain; and if the

State fails, within ten years from the date of such segregation, to

cause the whole or any part of the lands so segregated to be so

irrigated and reclaimed, the Secretary of the Interior may, in his

discretion, continue said segregation for a period not exceeding

five years, or may, in his discretion, restore such lands not

irrigated and reclaimed to the public domain upon the expiration of

the ten-year period or of any extension thereof.

Before the application of any State is allowed or any contract or

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 plan 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.

Any State contracting under this section is 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 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 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.

-SOURCE-

(Aug. 18, 1894, ch. 301, Sec. 4, 28 Stat. 422; Mar. 3, 1901, ch.

853, Sec. 3, 31 Stat. 1188; Jan. 6, 1921, ch. 10, 41 Stat. 1085;

Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.

2792.)

-REFTEXT-

REFERENCES IN TEXT

Act approved March 3, 1877, referred to in text, is act Mar. 3,

1877, ch. 107, 19 Stat. 377, as amended, popularly known as the

Desert Lands Act, which is classified generally to sections 321 to

323, 325, 327 to 329 of this title. For complete classification of

this Act to the Code, see Tables.

The Act amendatory thereof, approved March 3, 1891, referred to

in text, is act Mar. 3, 1891, ch. 561, 26 Stat. 1095, which enacted

sections 161, 162, 165, 173, 174, 185, 202, 212, 321, 323, 325, 327

to 329, 663, 671, 687a-6, 718, 728, 732, 893, 946 to 949, 989,

1165, 1166, 1181, and 1197 of this title, sections 471, 607, 611,

611a, and 613 of Title 16, Conservation, section 495 of Title 25,

Indians, and sections 30, 36, 44, 45, 48, and 52 of Title 30,

Mineral Lands and Mining. For complete classification of this Act

to the Code, see Tables.

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-579 struck out provisions authorizing Secretary

of the Interior to promulgate regulations for reservation of lands

by the State.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 704(a) of Pub. L. 94-579 provided that the amendment made

by that section is effective on and after Oct. 21, 1976.

SHORT TITLE

This section is popularly known as the "Carey Act".

SAVINGS PROVISION

Amendment by Pub. L. 94-579 not to be construed as terminating

any valid lease, permit, patent, etc., existing on Oct. 21, 1976,

see section 701 of Pub. L. 94-579, set out as a note under section

1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 523, 595, 641a, 641c,

642, 644, 645, 646 of this title; title 16 section 460iii-2; title

30 sections 83, 84.

-End-

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43 USC Sec. 641a 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-

Sec. 641a. Issuance of quitclaim deeds; patents for segregated

lands

-STATUTE-

The Secretary of the Interior shall issue quitclaim deeds to the

public-land States for all lands patented to such States under

section 641 of this title. He shall also issue a patent for all

unpatented public lands within each State now segregated under that

section for which the State issued final certificates or other

evidence of right prior to June 1, 1953, or as to which equitable

claims to the lands accrued prior to that date (by reason of

cultivation or improvement of the lands for agricultural

development purposes) for conveyance to the holders of such rights

or claims, or to their heirs, successors, or assigns.

-SOURCE-

(Aug. 13, 1954, ch. 727, Sec. 1, 68 Stat. 703.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 641c, 641d of this title.

-End-

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43 USC Sec. 641b 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-

Sec. 641b. Filing of application for quitclaim deeds

-STATUTE-

The Secretary shall not issue such quitclaim deeds or patents to

any State, however, unless that State files a proper application

for the transfer of these lands within three years after August 13,

1954.

-SOURCE-

(Aug. 13, 1954, ch. 727, Sec. 2, 68 Stat. 703.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 641d of this title.

-End-

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43 USC Sec. 641c 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-

Sec. 641c. Requirements of application for quitclaim deed

-STATUTE-

The application must include a list of all the lands which the

State certifies should be transferred under the terms of section

641a of this title, the basis for the certification of each tract

included, and a quitclaim or relinquishment of all right, title,

and interest in the State to any and all other lands under section

641 of this title. Such quitclaim or relinquishment by the State

shall not affect any private rights obtained from the State prior

to August 13, 1954.

-SOURCE-

(Aug. 13, 1954, ch. 727, Sec. 3, 68 Stat. 703.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 641d of this title.

-End-

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43 USC Sec. 641d 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-

Sec. 641d. Effective date of quitclaim; administration of lands

relinquished by States

-STATUTE-

The quitclaim or relinquishment of all right, title, and interest

by the State to any lands under sections 641a to 641d of this title

shall not be effective until the Secretary has transferred the

lands applied for under section 641a of this title. The Secretary

shall provide for the administration and disposition under the

public-land laws of the lands quitclaimed or relinquished by the

States pursuant to sections 641a to 641d of this title.

-SOURCE-

(Aug. 13, 1954, ch. 727, Sec. 4, 68 Stat. 703.)

-REFTEXT-

REFERENCES IN TEXT

The public-land laws, referred to in text, are classified

generally to this title.

-End-

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43 USC Sec. 642 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-

Sec. 642. Liens for expenses of reclamation

-STATUTE-

Under any law heretofore or hereafter enacted by any State,

providing for the reclamation of arid lands, in pursuance and

acceptance of the terms of the grant made in section 641 of this

title, a lien or liens is authorized to be created by the State to

which such lands are granted and by no other authority whatever,

and when created shall be valid on and against the separate legal

subdivisions of land reclaimed, for the actual cost and necessary

expenses of reclamation and reasonable interest thereon from the

date of reclamation until disposed of to actual settlers; and when

an ample supply of water is actually furnished in a substantial

ditch or canal, or by artesian wells or reservoirs, to reclaim a

particular tract or tracts of such lands, then patents shall issue

for the same to such State without regard to settlement or

cultivation: Provided, That in no event, in no contingency, and

under no circumstances shall the United States be in any manner

directly or indirectly liable for any amount of any such lien or

liability, in whole or in part.

-SOURCE-

(June 11, 1896, ch. 420, 29 Stat. 434.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 644, 646, 647 of this

title.

-End-

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43 USC Sec. 643 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-

Sec. 643. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.

21, 1976, 90 Stat. 2792

-MISC1-

Section, act Mar. 15, 1910, ch. 96, 36 Stat. 237, authorized

temporary withdrawal from settlement or entry of desert lands.

EFFECTIVE DATE OF REPEAL

Section 704(a) of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

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43 USC Sec. 644 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-

Sec. 644. Preference right to entryman under State laws

-STATUTE-

The Secretary of the Interior, when restoring to the public

domain lands that have been segregated to a State under sections

641, 642 and 643 (!1) of this title is authorized, in his

discretion and under such rules and regulations as he may establish

to allow for not exceeding ninety days to any entryman under

section 641 of this title a preference right of entry under

applicable land laws of any of such lands which such person had

entered under and pursuant to the State laws providing for the

administration of the grant under section 641 of this title and

upon which such person had established actual bona fide residence

or had made substantial and permanent improvements: Provided, That

each entryman shall be entitled to a credit as residence upon his

new homestead entry allowed hereunder of the time that he has

actually lived upon the claim as a bona fide resident thereof.

-SOURCE-

(Feb. 14, 1920, ch. 74, 41 Stat. 407.)

-REFTEXT-

REFERENCES IN TEXT

Section 643 of this title, referred to in text, was repealed by

Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.

2792.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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43 USC Sec. 645 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-

Sec. 645. Additional arid lands available to Colorado, Idaho,

Nevada, and Wyoming for reclamation

-STATUTE-

An additional one million acres of arid lands within each of the

States of Colorado, Idaho, Nevada, and Wyoming is made available

and subject to the terms of section 641 of this title, and the

States of Colorado, Nevada, Idaho, and Wyoming are allowed under

the provisions of said section said additional area or so much

thereof as may be necessary for the purposes and under the

provisions of said section.

-SOURCE-

(May 27, 1908, ch. 200, 35 Stat. 347; Mar. 4, 1911, ch. 285, 36

Stat. 1417; Aug. 21, 1911, No. 7, 37 Stat. 38.)

-End-

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43 USC Sec. 646 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-

Sec. 646. Grant extended to New Mexico and Arizona

-STATUTE-

All the provisions of sections 641, 642 and 643 (!1) of this

title are extended to the States of New Mexico and Arizona, and the

said States upon complying with the provisions of said sections

shall be entitled to have and receive all of the benefits therein

conferred upon the States.

-SOURCE-

(Feb. 18, 1909, ch. 150, Sec. 1, 35 Stat. 638.)

-REFTEXT-

REFERENCES IN TEXT

Section 643 of this title, referred to in text, was repealed by

Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.

2792.

-MISC1-

EFFECTIVE DATE

Section 2 of act Feb. 18, 1909, provided: "That this Act

[enacting this section] shall be in full force and effect from and

after its passage."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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43 USC Sec. 647 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-

Sec. 647. Grant extended to desert lands within part of former Ute

Indian Reservation in Colorado

-STATUTE-

The provisions of sections 641, 642 and 643 (!1) of this title

are extended over and shall apply to the desert lands within the

limits of all that portion of the former Ute Indian Reservation,

not included in any national forest, in the State of Colorado,

described and embraced in the Act entitled "An Act relating to

lands in Colorado lately occupied by the Uncompahgre and White

River Ute Indians," approved July 28, 1882: Provided, That before a

patent shall issue for any of the lands aforesaid under the terms

of the said sections the State of Colorado shall pay into the

Treasury of the United States the sum of $1.25 per acre for the

lands so patented, and the money so paid shall be subject to the

provisions of section 3 of the Act of June 15, 1880, entitled "An

Act to accept and ratify the agreements submitted by the

confederated bands of Ute Indians in Colorado for the sale of their

reservation in said State, and for other purposes, and to make the

necessary appropriation for carrying out same."

No lands shall be included in any tract to be segregated under

the provisions of this section on which the United States

Government has valuable improvements, or which have been reserved

for any Indian schools or farm purposes.

-SOURCE-

(Feb. 24, 1909, ch. 178, Secs. 1, 2, 35 Stat. 644, 645.)

-REFTEXT-

REFERENCES IN TEXT

Section 643 of this title, referred to in text, was repealed by

Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.

2792.

Act approved July 28, 1882, referred to in text, is act July 28,

1882, ch. 357, 22 Stat. 178, which is not classified to the Code.

Section 3 of the Act of June 15, 1880, referred to in text, is

section 3 of act June 15, 1880, ch. 223, 21 Stat. 199, which is not

classified to the Code.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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43 USC Sec. 648 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-

Sec. 648. Omitted

-COD-

CODIFICATION

Section, acts Feb. 26, 1917, ch. 124, 39 Stat. 942; Mar. 3, 1919,

ch. 114, 40 Stat. 1322; June 5, 1920, ch. 249, 41 Stat. 987,

provided for extension of time of segregation and reclamation in

Oregon segregation lists for period of not exceeding ten years and

not beyond January 12, 1929.

-End-