§ 328. — Expenditures and cultivation requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC328]
TITLE 43--PUBLIC LANDS
CHAPTER 9--DESERT-LAND ENTRIES
Sec. 328. Expenditures and cultivation requirements
No land shall be patented to any person under sections 321 to 323,
325, and 327 to 329 of this title unless he or his assignors shall have
expended in the necessary irrigation, reclamation, and cultivation
thereof, by means of main canals and branch ditches, and in permanent
improvements upon the land, and in the purchase of water rights for the
irrigation of the same, at least $3 per acre of whole tract reclaimed
and patented in the manner following: Within one year after making entry
for such tract of desert land as aforesaid the party so entering shall
expend not less than $1 per acre for the purposes aforesaid; and he
shall in like manner expend the sum of $1 per acre during the second and
also during the third year thereafter, until the full sum of $3 per acre
is so expended. Said party shall file during each year with the officer
designated by the Secretary of the Interior proof, by the affidavits of
two or more credible witnesses, that the full sum of $1 per acre has
been expended in such necessary improvements during such year, and the
manner in which expended, and at the expiration of the third year a map
or plan showing the character and extent of such improvements. If any
party who has made such application shall fail during any year to file
the testimony aforesaid the lands shall revert to the United States, and
the 25 cents advanced payment shall be forfeited to the United States,
and the entry shall be canceled. Nothing herein contained shall prevent
a claimant from making his final entry and receiving his patent at an
earlier date than hereinbefore prescribed, provided that he then makes
the required proof of reclamation to the aggregate extent of $3 per
acre: Provided, That proof be further required of the cultivation of
one-eighth of the land.
(Mar. 3, 1877, ch. 107, Sec. 5, as added Mar. 3, 1891, ch. 561, Sec. 2,
26 Stat. 1096; amended 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out
under section 1451 of this title.
``Officer designated by the Secretary of the Interior'' substituted
for ``register'' on authority of section 403 of Reorg. Plan No. 3 of
1946, which abolished all registers of district land offices and
transferred functions of district land offices to Secretary of the
Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a
note under section 1 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 321, 322, 323, 324, 326,
329, 333, 641, 1303 of this title; title 16 section 460iii-2.
