[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC322]
TITLE 43--PUBLIC LANDS
CHAPTER 9--DESERT-LAND ENTRIES
Sec. 322. Desert lands defined; question how determined
All lands exclusive of timber lands and mineral lands which will
not, without irrigation, produce some agricultural crop, shall be deemed
desert lands, within the meaning of sections 321 to 323, 325, and 327 to
329 of this title, which fact shall be ascertained by proof of two or
more credible witnesses under oath, whose affidavits shall be filed in
the land office in which said tract of land may be situated.
The determination of what may be considered desert land shall be
subject to the decision and regulation of the Secretary of the Interior
or such officer as he may designate.
(Mar. 3, 1877, ch. 107, Secs. 2, 3, 19 Stat. 377; 1946 Reorg. Plan No.
3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat