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43 U.S.C. § 417Reservation of easements in public lands for reclamation projects

submitted 102 years ago by ch. 4 to r/title-43-PUBLIC-LANDS · 154 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Secretary reserve a right of way for a reclamation project. The Secretary files a description and notice in local land offices. Any later land entry or patent stays subject to that reserved right.

If the Secretary decides a project needs a right of way or easement over public land, the Secretary may reserve it for the United States. To do this, the Secretary files copies of an instrument in the Bureau of Land Management and the appropriate local land office. That instrument describes the right of way or easement and states that it is reserved to the United States for federal irrigation purposes under sections 371, 376, 377, 412, 417, 433, 438, 462, 463, 466, 473, 474, 478, 493, 494, 500, 501, and 526 of this title. Once that happens, any later entry onto that land, and any patent issued for it, stays subject to the right of way or easement described in the instrument. The local tract books and the patent itself must both reference that instrument.
the actual law source: uscode.house.gov ↗public domain

Where, in the opinion of the Secretary, a right of way or easement of any kind over public land is required in connection with a project the Secretary may reserve the same to the United States by filing in the Bureau of Land Management and in the appropriate local land office copies of an instrument giving a description of the right of way or easement and notice that the same is reserved to the United States for Federal irrigation purposes under sections 371, 376, 377, 412, 417, 433, 438,1 462, 463,1 466, 473,1 474,1 478, 493, 494, 500, 501, and 526 of this title, in which event entry for such land and the patent issued therefor shall be subject to the right of way or easement so described in such instrument; and reference to each such instrument shall be made in the appropriate tract books and also in the patent.

Source credit: (Dec. 5, 1924, ch. 4, § 4, subsec. P, 43 Stat. 704; 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
  • 1924Enacted · Act of Dec. 5, 1924, ch. 4 · 43 Stat. 704

A history note hasn’t been published yet. The record shows enactment by ch. 4 on 1924-12-05.

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