§ 617h. — Lands capable of irrigation and reclamation by irrigation works; public entry; preferences.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC617h]
TITLE 43--PUBLIC LANDS
CHAPTER 12A--BOULDER CANYON PROJECT
SUBCHAPTER I--BOULDER CANYON PROJECT ACT
Sec. 617h. Lands capable of irrigation and reclamation by
irrigation works; public entry; preferences
Lands found to be practicable of irrigation and reclamation by
irrigation works and withdrawn under the Act of March 6, 1946 (43 U.S.C.
617(h)) shall be opened for entry, in tracts varying in size but not
exceeding one hundred and sixty acres, as may be determined by the
Secretary of the Interior, in accordance with the provisions of the
reclamation law, and any such entryman shall pay an equitable share in
accordance with the benefits received, as determined by the said
Secretary, of the construction cost of said canal and appurtenant
structures; said payments to be made in such installments and at such
times as may be specified by the Secretary of the Interior, in
accordance with the provisions of the said reclamation law, and shall
constitute revenue from said project and be covered into the fund herein
provided for: Provided, That all persons who served in the United States
Army, Navy, Marine Corps, or Coast Guard during World War II, the War
with Germany, the War with Spain, or in the suppression of the
insurrection in the Philippines, and who have been honorably separated
or discharged therefrom or placed in the Regular Army or Naval Reserve,
shall have the exclusive preference right for a period of three months
to enter said lands, subject, however, to the provisions of section 433
of this title; and also, so far as practicable, preference shall be
given to said persons in all construction work authorized by this
subchapter: Provided further, That the above exclusive preference rights
shall apply to veteran settlers on lands watered from the Gila canal in
Arizona the same as to veteran settlers on lands watered from the All-
American canal in California: Provided further, That in the event such
an entry shall be relinquished at any time prior to actual residence
upon the land by the entryman for not less than one year, lands so
relinquished shall not be subject to entry for a period of sixty days
after the filing and notation of the relinquishment in the local land
office, and after the expiration of said sixty-day period such lands
shall be open to entry, subject to the preference in this section
provided.
(Dec. 21, 1928, ch. 42, Sec. 9, 45 Stat. 1063; Mar. 6, 1946, ch. 58, 60
Stat. 36; Pub. L. 94-579, title VII, Sec. 704, Oct. 21, 1976, 90 Stat.
2792.)
References in Text
Act of March 6, 1946 (43 U.S.C. 617(h)), referred to in text,
probably means act Mar. 6, 1946, ch. 58, 60 Stat. 36, which amended this
section and which authorized all lands of the United States found by the
Secretary of the Interior to be practicable of irrigation and
reclamation by the irrigation works authorized by the act of Dec. 21,
1928, ch. 42, 45 Stat. 1057, to be withdrawn from public entry.
The reclamation law, referred to in text, is defined in section 617k
of this title.
Amendments
1976--Pub. L. 94-579 substituted ``Lands found to be practicable of
irrigation and reclamation by irrigation works and withdrawn under the
Act of March 6, 1946 (43 U.S.C. 617(h))'' for ``Thereafter, at the
direction of the Secretary of the Interior, such lands'', and struck out
provisions authorizing withdrawal from public entry of all public lands
found by Secretary of the Interior to be practicable of irrigation and
reclamation by irrigation works authorized under the act of Dec. 21,
1928, ch. 42, 45 Stat. 1057.
1946--Act Mar. 6, 1946, struck out ``or'' before ``Marine Corps''
and inserted ``or Coast Guard during World War II'' after ``Marine
Corps,'' and second proviso.
Effective Date of 1976 Amendment
Section 704(a) of Pub. L. 94-579 provided that amendment to this
section striking out provision relating to withdrawal of public lands 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.
Repeal of Prior Acts Continuing Section
Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14,
1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28, 1952, ch.
339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint
Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions
until July 3, 1952. This repeal took effect as of June 16, 1952, by
section 7 of Joint Res. July 3, 1952.
