§ 339. — Perfection of title to entry; supplementary provisions to sections 335, 337, and 338.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC339]
TITLE 43--PUBLIC LANDS
CHAPTER 9--DESERT-LAND ENTRIES
Sec. 339. Perfection of title to entry; supplementary provisions
to sections 335, 337, and 338
Where it shall be made to appear to the satisfaction of the
Secretary of the Interior with reference to any lawful pending desert-
land entry made prior to July 1, 1925, under which the entryman or his
duly qualified assignee under an assignment made prior to March 4, 1929,
has in good faith expended the sum of $3 per acre in the attempt to
effect reclamation of the land, that there is no reasonable prospect
that he would be able to secure water sufficient to effect reclamation
of the irrigable land in his entry or any legal subdivision thereof, the
Secretary of the Interior may, in his discretion, allow such entryman or
assignee ninety days from notice within which to pay to the officer
designated by the Secretary of the Interior of the United States land
office 25 cents an acre for the land embraced in the entry and to file
an election to perfect title to the entry under the provisions of this
section, and thereafter within one year from the date of filing of such
election to pay to such officer the additional amount of 75 cents an
acre, which shall entitle him to a patent for the land: Provided, That
in case the final payment be not made within the time prescribed the
entry shall be canceled and all money theretofore paid shall be
forfeited.
(Mar. 4, 1929, ch. 687, 45 Stat. 1548; Feb. 14, 1934, ch. 9, 48 Stat.
349; 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'' and ``such
officer'' 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 register 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.