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43 U.S.C. § 448Desert-land entries within reclamation project generally

submitted 120 years ago by ch. 3559 to r/title-43-PUBLIC-LANDS · 381 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law protects desert-land entrants whose land got caught inside a reclamation project. If the project delayed their required improvements, that delay doesn't count against their deadline. If the project is later abandoned, or completed, different rules kick in for finishing their claim.

This section applies when someone has a good-faith "desert-land entry" -- a claim to desert land under the desert-land law -- that ends up inside the boundaries of a land withdrawal or irrigation project created under the Act of June 17, 1902. If that project directly or indirectly hindered, delayed, or prevented the entrant from making improvements or reclaiming the land, then that lost time doesn't count when figuring the deadline for making improvements or reclaiming the land under the desert-land law. If the irrigation project is later abandoned by the government, the entrant's deadline begins to run again from the date they're notified of the abandonment and the withdrawn land is restored to the public domain. The entrant gets credit for all the expenditures and improvements already made on the entry, as long as proof of them has been filed. But if the reclamation project is instead carried to completion, so that a water supply becomes available for the entrant's land, the entrant must then comply with all the provisions of the 1902 Act. Within a reasonable time set by the Secretary -- but not less than two years -- the entrant must relinquish all the land in the desert-land entry beyond one farm unit, as the Secretary of the Interior determines. For the retained farm unit, the entrant can make final proof and obtain a patent, as long as they follow the Secretary's regulations that apply to the rest of the project's irrigable land, and the payment terms of the 1902 Act -- and not otherwise. However, nothing in this section requires a desert-land entryman who owns a water right and reclaims the land using it to accept the conditions of the reclamation Act instead.
the actual law source: uscode.house.gov ↗public domain

Where any bona fide desert-land entry has been or may be embraced within the exterior limits of any land withdrawal or irrigation project under the Act of June 17, 1902, and the desert-land entryman has been or may be directly or indirectly hindered, delayed, or prevented from making improvements or from reclaiming the land embraced in any such entry by reason of such land withdrawal or irrigation project, the time during which the desert-land entryman has been or may be so hindered, delayed, or prevented from complying with the desert-land law shall not be computed in determining the time within which such entryman has been or may be required to make improvements or reclaim the land embraced within any such desert-land entry: Provided, That if after investigation the irrigation project has been or may be abandoned by the Government, time for compliance with the desert-land law by any such entryman shall begin to run from the date of notice of such abandonment of the project and the restoration to the public domain of the lands withdrawn in connection therewith, and credit shall be allowed for all expenditures and improvements theretofore made on any such desert-land entry of which proof has been or may be filed; but if the reclamation project is carried to completion so as to make available a water supply for the land embraced in any such desert-land entry the entryman shall thereupon comply with all the provisions of the aforesaid action 1 of June 17, 1902, and shall relinquish within a reasonable time after notice as the Secretary may prescribe and not less than two years all land embraced within his desert-land entry in excess of one farm unit, as determined by the Secretary of the Interior, and as to such retained farm unit he shall be entitled to make final proof and obtain patent upon compliance with the regulations of said Secretary applicable to the remainder of the irrigable land of the project and with the terms of payment prescribed in said Act of June 17, 1902, and not otherwise. But nothing herein contained shall be held to require a desert-land entryman who owns a water right and reclaims the land embraced in his entry to accept the conditions of said reclamation Act.

Source credit: (June 27, 1906, ch. 3559, § 5, 34 Stat. 520; June 6, 1930, ch. 405, 46 Stat. 502.)

history & why it existsrecord from the source credit
  • 1906Enacted · Act of June 27, 1906, ch. 3559 · 34 Stat. 520
  • 1930Amended · Act of June 6, 1930, ch. 405 · 46 Stat. 502

A history note hasn’t been published yet. The record shows enactment by ch. 3559 on 1906-06-27.

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