-CITE-

43 USC CHAPTER 9 - DESERT-LAND ENTRIES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

CHAPTER 9 - DESERT-LAND ENTRIES

-MISC1-

Sec.

321. Entry right generally; extent of right to appropriate

waters.

322. Desert lands defined; question how determined.

323. Application to certain States.

324. Assignment of entries.

325. Resident citizenship of State as qualification for

entry.

326. Unsurveyed lands not subject to entry; preferential

right of entry after survey.

327. Filing irrigation plan; association of entrymen.

328. Expenditures and cultivation requirements.

329. Issue of patent on final proof; citizenship

requirement as to patentee; limit as to amount of

holding.

330. Desert-land entry in addition to homestead entry.

331. Reclamation requirements waived in favor of disabled

soldiers, etc.

332. Omitted.

333. Extension of time for completion of irrigation works.

334. Further extension of time for final proofs.

335. Further extension in cases not covered by sections 333

and 334 of this title.

336. Further extension in addition to that authorized by

sections 333 to 335 of this title.

336a to 336d. Repealed or Omitted.

337. Entry, after expenditures, perfected as homestead

entry.

338. Election to perfect entry; final proof.

339. Perfection of title to entry; supplementary provisions

to sections 335, 337, and 338.

-End-

-CITE-

43 USC Sec. 321 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 321. Entry right generally; extent of right to appropriate

waters

-STATUTE-

It shall be lawful for any citizen of the United States, or any

person of requisite age "who may be entitled to become a citizen,

and who has filed his declaration to become such" and upon payment

of 25 cents per acre - to file a declaration under oath with the

officer designated by the Secretary of the Interior of the land

district in which any desert land is situated, that he intends to

reclaim a tract of desert land not exceeding one-half section, by

conducting water upon the same, within the period of three years

thereafter: Provided, however, That the right to the use of water

by the person so conducting the same, on or to any tract of desert

land of three hundred and twenty acres shall depend upon bona fide

prior appropriation; and such right shall not exceed the amount of

water actually appropriated, and necessarily used for the purpose

of irrigation and reclamation; and all surplus water over and above

such actual appropriation and use, together with the water of all

lakes, rivers, and other sources of water supply upon the public

lands and not navigable, shall remain and be held free for the

appropriation and use of the public for irrigation, mining, and

manufacturing purposes subject to existing rights. Said declaration

shall describe particularly said one-half section of land if

surveyed, and, if unsurveyed, shall describe the same as nearly as

possible without a survey. At any time within the period of three

years after filing said declaration, upon making satisfactory proof

to the officer designated by the Secretary of the Interior of the

reclamation of said tract of land in the manner aforesaid, and upon

the payment to such officer of the additional sum of $1 per acre

for a tract of land not exceeding three hundred and twenty acres to

any one person, a patent for the same shall be issued to him.

Except as provided in section 3 of the Act of June 16, 1955, as

amended, no person may make more than one entry under sections 321

to 323, 325, and 327 to 329 of this title. However, in that entry

one or more tracts may be included, and the tracts so entered need

not be contiguous. The aggregate acreage of desert land which may

be entered by any one person under this section shall not exceed

three hundred and twenty acres, and all the tracts entered by one

person shall be sufficiently close to each other to be managed

satisfactorily as an economic unit, as determined under rules and

regulations issued by the Secretary of the Interior.

-SOURCE-

(Mar. 3, 1877, ch. 107, Sec. 1, 19 Stat. 377; Aug. 30, 1890, ch.

837, Sec. 1, 26 Stat. 391; Mar. 3, 1891, ch. 561, Sec. 2, 26 Stat.

1096; 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; Pub. L. 85-641, Sec. 1, Aug.

14, 1958, 72 Stat. 596.)

-REFTEXT-

REFERENCES IN TEXT

Section 3 of the Act of June 16, 1955, referred to in text, is

section 3 of act June 16, 1955, ch. 145, 69 Stat. 138, as amended,

which is set out as an Additional Desert-Land Entry note under

section 83 of Title 30, Mineral Lands and Mining.

-COD-

CODIFICATION

The original text provided for the sale of 640 acres. The

aggregate quantity which any person could acquire under all the

land laws was limited, however, to 320 acres by act Aug. 30, 1890

(set out as section 212 of this title) except in the case of

mineral lands.

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-641 permitted entry on one or more tracts, not

contiguous, but sufficiently close to each other to be managed

satisfactorily as an economic unit.

-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" and "such

officer" 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 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.

Previously, references to register and receiver changed to

register by acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated

offices of register and receiver and provided for a single officer

to be known as register.

-MISC2-

ARIZONA ENTRIES DEPENDENT UPON PERCOLATING WATERS

Act Aug. 4, 1955, ch. 548, 69 Stat. 491, provided: "The

requirement of section 1 of the Desert Land Act of March 3, 1877

(19 Stat. 377) [this section], that the right to the use of water

by a desert land entryman 'shall depend upon bona fide prior

appropriation' shall be waived in the case of all desert land

entries which have heretofore been allowed and are subsisting on

the effective date of this Act [Aug. 4, 1955] which are dependent

upon percolating waters for their reclamation, and which are

situated in the State of Arizona under the laws of which the

percolating waters upon which the entries are dependent are not

subject to the doctrine of prior appropriation but are usable under

State law for irrigation and reclamation purposes."

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 321, 322, 323, 324, 326,

327, 328, 329, 333, 641, 1303 of this title; title 16 section

460iii-2.

-End-

-CITE-

43 USC Sec. 322 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 322. Desert lands defined; question how determined

-STATUTE-

All lands exclusive of timber lands and mineral lands which will

not, without irrigation, produce some agricultural crop, shall be

deemed desert lands, within the meaning of sections 321 to 323,

325, and 327 to 329 of this title, which fact shall be ascertained

by proof of two or more credible witnesses under oath, whose

affidavits shall be filed in the land office in which said tract of

land may be situated.

The determination of what may be considered desert land shall be

subject to the decision and regulation of the Secretary of the

Interior or such officer as he may designate.

-SOURCE-

(Mar. 3, 1877, ch. 107, Secs. 2, 3, 19 Stat. 377; 1946 Reorg. Plan

No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-

CODIFICATION

The first paragraph of this section is from section 2 of act Mar.

3, 1877.

The second paragraph of this section is from the last clause of

section 3 of act Mar. 3, 1877. The first clause of section 3 is

incorporated in section 323 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of the Interior or such officer as he may designate"

substituted for "Commissioner of the General Land Office" on

authority of section 403 of Reorg. Plan No. 3 of 1946, which

abolished General Land Office and Commissioner thereof and

transferred functions of General Land Office to a new agency in

Department of the Interior to be known as Bureau of Land

Management. See section 403 of Reorg. Plan No. 3 of 1946, set out

as a note under section 1 of this title.

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 321, 323, 324, 326, 328,

329, 333, 641, 1303 of this title; title 16 section 460iii-2.

-End-

-CITE-

43 USC Sec. 323 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 323. Application to certain States

-STATUTE-

Sections 321 to 323, 325, and 327 to 329 of this title shall only

apply to and take effect in the States of California, Colorado,

Oregon, Nevada, Washington, Idaho, Montana, Utah, Wyoming, Arizona,

New Mexico, and North and South Dakota.

-SOURCE-

(Mar. 3, 1877, ch. 107, Secs. 3, 8, 19 Stat. 377; Mar. 3, 1891, ch.

561, Sec. 2, 26 Stat. 1097; Jan. 6, 1921, ch. 12, 41 Stat. 1086.)

-COD-

CODIFICATION

Section is from the first clause of section 3 of act Mar. 3,

1877, and the first clause of section 8 of act Mar. 3, 1877, as

added by act Mar. 3, 1891.

The second clauses of section 3 and 8 of act Mar. 3, 1877, are

incorporated in the second paragraph of section 322 and section 325

of this title, respectively.

The first clause of section 3 of act Mar. 3, 1877, provided that

"this act shall only apply to and take effect in the States of

California, Oregon and Nevada, and the Territories of Washington,

Idaho, Montana, Utah, Wyoming, Arizona, New Mexico and Dakota".

The first clause of section 8 of act Mar. 3, 1877, as added by

act Mar. 3, 1891, provided for the inclusion of Colorado.

The Territories of Washington, Idaho, Montana, Utah, Wyoming,

Arizona, New Mexico and Dakota have become States since the

enactment of act Mar. 3, 1877, the Territory of Dakota being

divided, to form the States of North and South Dakota.

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 321, 322, 324, 326, 328,

329, 333, 641, 1303 of this title; title 16 section 460iii-2.

-End-

-CITE-

43 USC Sec. 324 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 324. Assignment of entries

-STATUTE-

No assignment after March 28, 1908, of an entry made under

sections 321 to 323, 325, and 327 to 329 of this title shall be

allowed or recognized, except it be to an individual who is shown

to be qualified to make entry under said sections of the land

covered by the assigned entry, and such assignments may include all

or part of an entry; but no assignment to or for the benefit of any

corporation or association shall be authorized or recognized.

-SOURCE-

(Mar. 28, 1908, ch. 112, Sec. 2, 35 Stat. 52.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 449 of this title.

-End-

-CITE-

43 USC Sec. 325 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 325. Resident citizenship of State as qualification for entry

-STATUTE-

Excepting in the State of Nevada, no person shall be entitled to

make entry of desert lands unless he be a resident citizen of the

State or Territory in which the land sought to be entered is

located.

-SOURCE-

(Mar. 3, 1877, ch. 107, Sec. 8, as added Mar. 3, 1891, ch. 561,

Sec. 2, 26 Stat. 1097; amended Jan. 6, 1921, ch. 12, 41 Stat.

1086.)

-COD-

CODIFICATION

Section is comprised of the second clause of section 8 of act

Mar. 3, 1877, as added by act Mar. 3, 1891. The first clause of

section 8 of act Mar. 3, 1877, is incorporated in section 323 of

this title.

Act Jan. 6, 1921, inserted introductory exception phrase.

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 321, 322, 323, 324, 326,

328, 329, 333, 641, 1303 of this title; title 16 section 460iii-2.

-End-

-CITE-

43 USC Sec. 326 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 326. Unsurveyed lands not subject to entry; preferential right

of entry after survey

-STATUTE-

From and after March 28, 1908, the right to make entry of desert

lands under the provisions of sections 321 to 323, 325, and 327 to

329 of this title, shall be restricted to surveyed public lands of

the character contemplated by said sections, and no such entries of

unsurveyed lands shall be allowed or made of record: Provided,

however, That any individual qualified to make entry of desert

lands under said sections who has, prior to survey, taken

possession of a tract of unsurveyed desert land not exceeding in

area three hundred and twenty acres in compact form, and has

reclaimed or has in good faith commenced the work of reclaiming the

same, shall have the preference right to make entry of such tract

under said sections, in conformity with the public land surveys,

within ninety days after the filing of the approved plat of survey

in the district land office.

-SOURCE-

(Mar. 28, 1908, ch. 112, Sec. 1, 35 Stat. 52.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 331 of this title.

-End-

-CITE-

43 USC Sec. 327 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 327. Filing irrigation plan; association of entrymen

-STATUTE-

At the time of filing the declaration required in section 321 of

this title the party shall also file a map of said land, which

shall exhibit a plan showing the mode of contemplated irrigation,

and which plan shall be sufficient to thoroughly irrigate and

reclaim said land, and prepare it to raise ordinary agricultural

corps, and shall also show the source of the water to be used for

irrigation and reclamation. Persons entering or proposing to enter

separate sections, or fractional parts of sections, of desert

lands, may associate together in the construction of canals and

ditches for irrigating and reclaiming all of said tracts, and may

file a joint map or maps showing their plan of internal

improvements.

-SOURCE-

(Mar. 3, 1877, ch. 107, Sec. 4, as added Mar. 3, 1891, ch. 561,

Sec. 2, 26 Stat. 1096.)

-MISC1-

EXISTING CLAIMS; REPEALS

Section 6 of act Mar. 3, 1877, as added by act Mar. 3, 1891, Sec.

2, provided that existing claims should not be affected by act Mar.

3, 1891, but might be perfected under sections 321 to 323 of this

title, or under sections 325 and 327 to 329 of this title, at the

option of the claimant, and also repealed all acts and parts of

acts in conflict with act Mar. 3, 1891.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 321, 322, 323, 324, 326,

328, 329, 333, 641, 1303 of this title; title 16 section 460iii-2.

-End-

-CITE-

43 USC Sec. 328 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 328. Expenditures and cultivation requirements

-STATUTE-

No land shall be patented to any person under sections 321 to

323, 325, and 327 to 329 of this title unless he or his assignors

shall have expended in the necessary irrigation, reclamation, and

cultivation thereof, by means of main canals and branch ditches,

and in permanent improvements upon the land, and in the purchase of

water rights for the irrigation of the same, at least $3 per acre

of whole tract reclaimed and patented in the manner following:

Within one year after making entry for such tract of desert land as

aforesaid the party so entering shall expend not less than $1 per

acre for the purposes aforesaid; and he shall in like manner expend

the sum of $1 per acre during the second and also during the third

year thereafter, until the full sum of $3 per acre is so expended.

Said party shall file during each year with the officer designated

by the Secretary of the Interior proof, by the affidavits of two or

more credible witnesses, that the full sum of $1 per acre has been

expended in such necessary improvements during such year, and the

manner in which expended, and at the expiration of the third year a

map or plan showing the character and extent of such improvements.

If any party who has made such application shall fail during any

year to file the testimony aforesaid the lands shall revert to the

United States, and the 25 cents advanced payment shall be forfeited

to the United States, and the entry shall be canceled. Nothing

herein contained shall prevent a claimant from making his final

entry and receiving his patent at an earlier date than hereinbefore

prescribed, provided that he then makes the required proof of

reclamation to the aggregate extent of $3 per acre: Provided, That

proof be further required of the cultivation of one-eighth of the

land.

-SOURCE-

(Mar. 3, 1877, ch. 107, Sec. 5, as added Mar. 3, 1891, ch. 561,

Sec. 2, 26 Stat. 1096; amended 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 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.

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 321, 322, 323, 324, 326,

329, 333, 641, 1303 of this title; title 16 section 460iii-2.

-End-

-CITE-

43 USC Sec. 329 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 329. Issue of patent on final proof; citizenship requirement

as to patentee; limit as to amount of holding

-STATUTE-

At any time after filing the declaration, and within the period

of four years thereafter, upon making satisfactory proof to the

officer designated by the Secretary of the Interior of the

reclamation and cultivation of said land to the extent and cost and

in the manner aforesaid, and substantially in accordance with the

plans herein provided for, and that he or she is a citizen of the

United States, and upon payment to such officer of the additional

sum of $1 per acre for said land, a patent shall issue therefor to

the applicant or his assigns; but no person or association of

persons shall hold by assignment or otherwise prior to the issue of

patent, more than three hundred and twenty acres of such arid or

desert lands, but this section shall not apply to entries made or

initiated prior to March 3, 1891: Provided, however, That

additional proofs may be required at any time within the period

prescribed by law, and that the claims or entries made under

sections 321 to 323, 325, and 327 to 329 of this title shall be

subject to contest, as provided by the law, relating to homestead

cases, for illegal inception, abandonment, or failure to comply

with the requirements of law, and upon satisfactory proof thereof

shall be canceled, and the lands, and moneys paid therefor, shall

be forfeited to the United States.

-SOURCE-

(Mar. 3, 1877, ch. 107, Sec. 7, as added Mar. 3, 1891, ch. 561,

Sec. 2, 26 Stat. 1097; amended 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,

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

Previously, references to register and receiver changed to

register by acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated

offices of register and receiver and provided for a single officer

to be known as register.

-MISC1-

FIVE-YEAR PERIOD

The period of four years prescribed by this section was extended

to five years as to pending entries where the time for final proof

had not expired prior to Jan. 1, 1894, by act Aug. 4, 1894, ch.

208, 28 Stat. 226.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 321, 322, 323, 324, 326,

328, 333, 641, 1303 of this title; title 16 section 460iii-2.

-End-

-CITE-

43 USC Sec. 330 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 330. Desert-land entry in addition to homestead entry

-STATUTE-

The right to make a desert-land entry shall not be denied to any

applicant therefor who has already made an enlarged homestead entry

of three hundred and twenty acres: Provided, That said applicant is

a duly qualified entryman and the whole area to be acquired as an

enlarged homestead entry and under the provisions of this section

does not exceed four hundred and eighty acres.

-SOURCE-

(Feb. 27, 1917, ch. 134, 39 Stat. 946.)

-End-

-CITE-

43 USC Sec. 331 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 331. Reclamation requirements waived in favor of disabled

soldiers, etc.

-STATUTE-

Any entryman under the desert-land laws, or any person entitled

to preference right of entry under section 326 of this title, who

after application or entry for surveyed lands or legal initiation

of claim for unsurveyed lands, and prior to November 11, 1918,

enlisted or was actually engaged in the United States Army, Navy,

or Marine Corps during the war with Germany, who has been honorably

discharged and because of physical incapacities due to service is

unable to accomplish reclamation of and payment for the land, may

make proof without further reclamation thereof or payments thereon

under such rules and regulations as may be prescribed by the

Secretary of the Interior, and receive patent for the land by him

so entered or claimed, if found entitled thereto: Provided, That no

such patent shall issue prior to the survey of the land.

-SOURCE-

(Mar. 1, 1921, ch. 102, Sec. 2, as added Dec. 15, 1921, ch. 3, 42

Stat. 348.)

-End-

-CITE-

43 USC Sec. 332 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 332. Omitted

-COD-

CODIFICATION

Section, act Aug. 7, 1917, ch. 48, 40 Stat. 250, suspended

expenditure and cultivation requirements during World War I.

-End-

-CITE-

43 USC Sec. 333 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 333. Extension of time for completion of irrigation works

-STATUTE-

Any entryman under sections 321 to 323, 325, and 327 to 329 of

this title who shall show to the satisfaction of the Secretary of

the Interior or such officer as he may designate that he has in

good faith complied with the terms, requirements, and provisions of

said sections, but that because of some unavoidable delay in the

construction of the irrigating works intended to convey water to

the said lands, he is, without fault on his part, unable to make

proof of the reclamation and cultivation of said land, as required

by said sections, shall, upon filing his corroborated affidavit

with the land office in which said land is located, setting forth

said facts, be allowed an additional period of not to exceed three

years, within the discretion of the Secretary or such officer,

within which to furnish proof as required by said sections of the

completion of said work.

-SOURCE-

(Mar. 28, 1908, ch. 112, Sec. 3, 35 Stat. 52; 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.

"Secretary of the Interior or such officer as he may designate"

and "Secretary or such officer" substituted for "Commissioner of

the General Land Office" on authority of section 403 of Reorg. Plan

No. 3 of 1946, which abolished General Land Offices and

Commissioner thereof and transferred function of General Land

Office to a new agency in Department of the Interior to be known as

Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of

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

-MISC1-

OTHER EXTENSION PERIODS

Act June 24, 1921, ch. 28, 42 Stat. 66, provided that desert-land

entries in certain townships in Riverside County, California,

should not be canceled prior to May 1, 1923, for failure to make

annual or final proof, that the requirements of the law should

become operative from that date, and that a further extension might

be granted.

A further extension of time to make final proof on desert-land

entries in the counties of Benton, Yakima, and Klickitat, in the

State of Washington, was authorized by act Feb. 28, 1911, ch. 180,

36 Stat. 960.

Previous provisions for extension of time for making final proofs

under entries of desert lands in certain cases were made by act

Aug. 4, 1894, ch. 208, 28 Stat. 226.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 334, 335, 336 of this

title.

-End-

-CITE-

43 USC Sec. 334 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 334. Further extension of time for final proofs

-STATUTE-

The Secretary of the Interior may, in his discretion, in addition

to the extension authorized by section 333 of this title or other

law existing prior to April 30, 1912, grant to any entryman under

the desert-land laws a further extension of the time within which

he is required to make final proof: Provided, That such entryman

shall, by his corroborated affidavit filed in the land office of

the district where such land is located, show to the satisfaction

of the Secretary that because of unavoidable delay in the

construction of irrigation works intended to convey water to the

land embraced in his entry he is, without fault on his part, unable

to make proof of the reclamation and cultivation of said lands as

required by law within the time limited therefor; but such

extension shall not be granted for a period of more than three

years, and this section shall not affect contests initiated for a

valid existing reason: Provided, That the total extension of the

statutory period for making final proof that may be allowed in any

one case under this section, and any other statutes existing prior

to April 30, 1912, of either general or local application, shall be

limited to six years in the aggregate.

-SOURCE-

(Apr. 30, 1912, ch. 101, 37 Stat. 106.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 335, 336 of this title.

-End-

-CITE-

43 USC Sec. 335 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 335. Further extension in cases not covered by sections 333

and 334 of this title

-STATUTE-

The Secretary of the Interior may, in his discretion, extend the

time within which final proof is required to be submitted upon any

lawful pending desert-land entry made prior to March 4, 1915, such

extension not to exceed three years from the date of allowance

thereof: Provided, That the entryman or his duly qualified assignee

has, in good faith, complied with the requirements of law as to

yearly expenditures and proof thereof, and shall show, under rules

and regulations to be prescribed by the Secretary of the Interior,

that there is a reasonable prospect that, if the extension is

granted, he will be able to make the final proof of reclamation,

irrigation, and cultivation required by law: Provided further, That

the foregoing shall apply only to cases wherein an extension or

further extension of time may not properly be allowed under

sections 333 and 334 of this title or other law existing prior to

March 4, 1915: Provided further, That in cases where such entries

have been assigned prior to March 4, 1915, the assignees shall, if

otherwise qualified, be entitled to the benefit hereof.

-SOURCE-

(Mar. 4, 1915, ch. 147, Sec. 5, 38 Stat. 1161; Mar. 21, 1918, ch.

26, 40 Stat. 458.)

-COD-

CODIFICATION

Section is comprised of second paragraph of section 5 of act Mar.

4, 1915. First paragraph of such section 5, which was classified to

section 26 of Title 41, Public Contracts, was repealed by act June

30, 1949, ch. 288, title VI, Sec. 602(a)(20), 63 Stat. 401, eff.

July 1, 1949, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64

Stat. 583; third and fourth paragraphs of such section 5 are

classified to sections 337 and 338 of this title, respectively.

Act Mar. 21, 1918 extended provisions to include entries made

prior to Mar. 4, 1915, and added the last proviso. Act Mar. 4,

1915, related to entries made prior to July 1, 1914.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 336, 337 of this title.

-End-

-CITE-

43 USC Sec. 336 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 336. Further extension in addition to that authorized by

sections 333 to 335 of this title

-STATUTE-

The Secretary of the Interior may, in his discretion, in addition

to the extensions authorized by sections 333 to 335 of this title

or other law existing prior to February 25, 1925, grant to any

entryman under the desert-land laws of the United States a further

extension of time of not to exceed three years within which to make

final proof: Provided, That such entryman shall, by his

corroborated affidavit, filed in the land office of the district

where such land is located, show to the satisfaction of the

Secretary that because of unavoidable delay in the construction of

the irrigation works intended to convey water to the land embraced

in his entry, he is, without fault on his part, unable to make

proof of the reclamation and cultivation of said lands as required

by law within the time limited therefor: And provided further, That

the entryman, his heirs, or his duly qualified assignee, has in

good faith complied with the requirements of law as to yearly

expenditures and proof thereof, and shall show, under rules and

regulations to be prescribed by the Secretary of the Interior, that

there is a reasonable prospect that if the extension is granted he

will be able to make the final proof of reclamation, irrigation,

and cultivation required by law.

-SOURCE-

(Feb. 25, 1925, ch. 329, 43 Stat. 982.)

-End-

-CITE-

43 USC Secs. 336a, 336b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Secs. 336a, 336b. Repealed. Pub. L. 94-579, title VII, Sec. 702,

Oct. 21, 1976, 90 Stat. 2787

-MISC1-

Section 336a, act July 30, 1956, ch. 778, Sec. 1, 70 Stat. 715,

related to absence during 1956 to 1959 due to economic conditions

and protection of rights of entryman.

Section 336b, act July 30, 1956, ch. 778, Sec. 2, 70 Stat. 716,

related to homestead or desert land applications on file as of Mar.

1, 1956, and entries and rights of United States.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

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

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

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-

-CITE-

43 USC Sec. 336c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 336c. Omitted

-COD-

CODIFICATION

Section, act July 30, 1956, ch. 778, Sec. 3, 70 Stat. 716,

provided that property rights of an entryman making an election

under section 336a of this title or whose entry is allowed under

section 336b of this title was a personal right, inheritable but

not assignable.

-End-

-CITE-

43 USC Sec. 336d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 336d. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,

1976, 90 Stat. 2787

-MISC1-

Section, act July 30, 1956, ch. 778, Sec. 4, 70 Stat. 716, set

forth lands subject to protection of rights of entryman.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

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

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

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-

-CITE-

43 USC Sec. 337 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 337. Entry, after expenditures, perfected as homestead entry

-STATUTE-

Where it shall be made to appear to the satisfaction of the

Secretary of the Interior, under rules and regulations to be

prescribed by him, with reference to any lawful pending desert-land

entry made prior to March 4, 1915, under which the entryman or his

duly qualified assignee under an assignment made prior to March 4,

1915, has, in good faith, expended the sum of $3 per acre in the

attempt to effect reclamation of the land, that there is no

reasonable prospect that, if the extension allowed by section 335

of this title or any law existing prior to March 4, 1915, were

granted, he would be able to secure water sufficient to effect

reclamation of the irrigable land in his entry or any legal

subdivision thereof, the Secretary of the Interior may, in his

discretion, allow such entryman or assignee five years from notice

within which to perfect the entry in the manner required of a

homestead entryman: Provided, That in cases where such entries have

been assigned prior to March 4, 1915, the assignees shall, if

otherwise qualified, be entitled to the benefit hereof.

-SOURCE-

(Mar. 4, 1915, ch. 147, Sec. 5, 38 Stat. 1161; Mar. 21, 1918, ch.

26, 40 Stat. 458.)

-COD-

CODIFICATION

Section is comprised of third paragraph of section 5 of act Mar.

4, 1915. First paragraph of such section 5, which was classified to

section 26 of Title 41, Public Contracts, was repealed by act June

30, 1949, ch. 288, title VI, Sec. 602(a)(20), 63 Stat. 401, eff.

July 1, 1949, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64

Stat. 583; second and fourth pars. of such section 5 are classified

to sections 335 and 338 of this title, respectively.

Act Mar. 21, 1918 extended the provisions to include entries made

prior to Mar. 4, 1915 and added the last proviso. Act Mar. 4, 1915

related to entries made prior to July 1, 1914.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 338 of this title.

-End-

-CITE-

43 USC Sec. 338 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 338. Election to perfect entry; final proof

-STATUTE-

Any desert-land entryman or his assignee entitled to the benefit

of section 337 of this title may, if he shall so elect within sixty

days from the notice therein provided, pay to the officer

designated by the Secretary of the Interior of the local land

office the sum of 50 cents per acre for each acre embraced in the

entry, and thereafter perfect such entry upon proof that he has

upon the tract permanent improvements conducive to the agricultural

development thereof of the value of not less than $1.25 per acre,

and that he has, in good faith, used the land for agricultural

purposes for three years and the payment to the officer, at the

time of final proof, of the sum of 75 cents per acre: Provided,

That in such case final proof may be submitted at any time within

five years from the date of the entryman's election to proceed as

provided in this section, and in the event of failure to perfect

the entry as herein provided, all moneys theretofore paid shall be

forfeited and the entry canceled: Provided, That in cases where

such entries have been assigned prior to March 4, 1915, the

assignees shall, if otherwise qualified, be entitled to the benefit

hereof.

-SOURCE-

(Mar. 4, 1915, ch. 147, Sec. 5, 38 Stat. 1162; Mar. 21, 1918, ch.

26, 40 Stat. 458; 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.)

-COD-

CODIFICATION

Section is comprised of fourth paragraph of section 5 of act Mar.

4, 1915. First paragraph of such section 5, which was classified to

section 26 of Title 41, Public Contracts, was repealed by act June

30, 1949, ch. 288, title VI, Sec. 602(a)(20), 63 Stat. 401, eff.

July 1, 1949, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64

Stat. 583; second and third paragraphs of such section 5 are

classified to sections 335 and 337 of this title, respectively.

Act Mar. 21, 1918 added the last proviso.

-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.

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

acts Oct. 28, 1921, and Mar. 3, 1925, which consolidated offices of

register and receiver and provided for a single officer to be known

as register.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 339 of this title.

-End-

-CITE-

43 USC Sec. 339 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-

Sec. 339. Perfection of title to entry; supplementary provisions to

sections 335, 337, and 338

-STATUTE-

Where it shall be made to appear to the satisfaction of the

Secretary of the Interior with reference to any lawful pending

desert-land entry made prior to July 1, 1925, under which the

entryman or his duly qualified assignee under an assignment made

prior to March 4, 1929, has in good faith expended the sum of $3

per acre in the attempt to effect reclamation of the land, that

there is no reasonable prospect that he would be able to secure

water sufficient to effect reclamation of the irrigable land in his

entry or any legal subdivision thereof, the Secretary of the

Interior may, in his discretion, allow such entryman or assignee

ninety days from notice within which to pay to the officer

designated by the Secretary of the Interior of the United States

land office 25 cents an acre for the land embraced in the entry and

to file an election to perfect title to the entry under the

provisions of this section, and thereafter within one year from the

date of filing of such election to pay to such officer the

additional amount of 75 cents an acre, which shall entitle him to a

patent for the land: Provided, That in case the final payment be

not made within the time prescribed the entry shall be canceled and

all money theretofore paid shall be forfeited.

-SOURCE-

(Mar. 4, 1929, ch. 687, 45 Stat. 1548; Feb. 14, 1934, ch. 9, 48

Stat. 349; 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" and "such

officer" 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.

-End-