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§ 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.



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