§ 416. — Laws applicable to withdrawn lands; restoration to entry.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC416]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER III--INSTITUTION AND CONSTRUCTION OF PROJECTS
Sec. 416. Laws applicable to withdrawn lands; restoration to
entry
All lands entered and entries made under the homestead laws within
areas so withdrawn during such withdrawal shall be subject to all the
provisions, limitations, charges, terms, and conditions of this Act;
that said surveys shall be prosecuted diligently to completion, and upon
the completion thereof, and of the necessary maps, plans, and estimates
of cost, the Secretary of the Interior shall determine whether or not
said project is practicable and advisable, and if determined to be
impracticable or unadvisable he shall thereupon restore said lands to
entry.
(June 17, 1902, ch. 1093, Sec. 3, 32 Stat. 388; Pub. L. 94-579, title
VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.)
References in Text
This Act, referred to in text, is act June 17, 1902, popularly known
as the Reclamation Act, which is classified generally to this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 371 of this title and Tables.
Said surveys, referred to in text, mean the surveys for contemplated
irrigation works authorized by section 411 of this title.
Codification
Section is comprised of part of section 3 of act June 17, 1902.
Remainder of such section 3 is classified to sections 432 and 434 of
this title.
Amendments
1976--Pub. L. 94-579 struck out provisions that the Secretary of the
Interior withdraw from public entry lands required for irrigation works
contemplated under the Act of June 17, 1902, prior to the giving of the
public notice provided for in section 419 of this title, that he restore
such withdrawn lands to public entry when he deemed such lands
unnecessary for the purposes of such Act, and that he withdraw from
entry, except under the homestead laws, any public lands believed to be
susceptible of irrigation from said works prior to the beginning of
surveys for any contemplated irrigation works.
Effective Date of 1976 Amendment
Section 704(a) of Pub. L. 94-579 provided that the amendment made by
such section 704(a) is effective on and after Oct. 21, 1976.
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.
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.
Section Referred to in Other Sections
This section is referred to in sections 372, 373, 383, 391, 411,
420, 421, 432, 491, 498 of this title; title 16 section 406d-5; title 30
sections 83, 84, 125.
