§ 448. — Desertland entries within reclamation project generally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC448]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER VI--WATER RIGHT APPLICATIONS AND LAND ENTRIES
Sec. 448. Desert-land entries within reclamation project
generally
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and the restoration to the public domain of the lands withdrawn in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.
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\1\ So in original. Probably should be ``Act''.
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(June 27, 1906, ch. 3559, Sec. 5, 34 Stat. 520; June 6, 1930, ch. 405,
46 Stat. 502.)
References in Text
The desert-land law, referred to in text, is classified generally to
chapter 9 (Sec. 321 et seq.) of this title.
Act of June 17, 1902, and the reclamation Act, referred to in text,
mean act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, 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.
Amendments
1930--Act June 6, 1930, among other changes, inserted ``within a
reasonable time after notice as the Secretary may prescribe and not less
than two years'', ``regulations of said Secretary applicable to the
remainder of the irrigable land of the project'', and substituted
provisions specifying one farm unit, as determined by the Secretary of
the Interior for provisions specifying 160 acres.
Section Referred to in Other Sections
This section is referred to in sections 449, 451h of this title.
