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43 U.S.C. § 434Amount of land for which entry may be made; farm unit; subdivision of lands

submitted 124 years ago by ch. 1093 to r/title-43-PUBLIC-LANDS · 258 words · no verdicts yet

in plain englishAI-generated · not legal advice

Public land opened for irrigation can normally be claimed in pieces of 40 to 160 acres. The Secretary of the Interior can allow smaller plots, as small as 10 acres, where the soil and climate are especially good for fruit and garden crops. A settler can also choose to claim less land than the normal minimum.

This section sets the size limits for claiming public land irrigated under reclamation projects. Normally, a person may claim ("enter") a tract of not less than forty and not more than one hundred sixty acres. There's an exception. If, in the Secretary of the Interior's opinion, market conditions and the land's special fitness for fruit and garden crops mean a smaller area could support a family, the Secretary may set a smaller minimum than forty acres. Under the Reclamation Act of June 17, 1902, the Secretary may set "farm units" as small as ten acres and as large as one hundred sixty acres. For accurate description, the Secretary may also order further "subdivision surveys" of reclamation lands, carried out by officers of the reclamation service. These subdivisions must generally be rectangular, except where irregular shapes are needed to allow for practical, economical irrigation. These surveys get recorded on the tract books kept at the Bureau of Land Management, and are paid for out of the reclamation fund. Finally, a person claiming land under the Reclamation Act may choose to enter a smaller area than whatever minimum applies in that state or territory.
the actual law source: uscode.house.gov ↗public domain

Public lands which it is proposed to irrigate by means of any contemplated works shall be subject to entry in tracts of not less than forty nor more than one hundred and sixty acres: Provided, That whenever, in the opinion of the Secretary of the Interior, by reason of market conditions and the special fitness of the soil and climate for the growth of fruit and garden produce, a lesser area than forty acres may be sufficient for the support of a family on lands to be irrigated under the provisions of the Act of June seventeenth, nineteen hundred and two, known as the reclamation Act, he may fix a lesser area than forty acres as the minimum entry and may establish farm units of not less than ten nor more than one hundred and sixty acres. Wherever it may be necessary, for the purpose of accurate description, to further subdivide lands to be irrigated under the provisions of said reclamation Act, the Secretary of the Interior may cause subdivision surveys to be made by the officers of the reclamation service, which subdivisions shall be rectangular in form, except in cases where irregular subdivisions may be necessary in order to provide for practicable and economical irrigation. Such subdivision surveys shall be noted upon the tract books in the Bureau of Land Management, and they shall be paid for from the reclamation fund: Provided, That an entryman may elect to enter under said reclamation Act a lesser area than the minimum limit in any State or Territory.

Source credit: (June 17, 1902, ch. 1093, § 3, 32 Stat. 388; June 27, 1906, ch. 3559, § 1, 34 Stat. 519; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

history & why it existsrecord from the source credit
  • 1902Enacted · Act of June 17, 1902, ch. 1093 · 32 Stat. 388
  • 1906Amended · Act of June 27, 1906, ch. 3559 · 34 Stat. 519

A history note hasn’t been published yet. The record shows enactment by ch. 1093 on 1902-06-17.

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