§ 628. — Patents to entered but unpatented land.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC628]
TITLE 43--PUBLIC LANDS
CHAPTER 13--FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS
Sec. 628. Patents to entered but unpatented land
Any entered but unpatented lands not subject to reclamation Act of
June 17, 1902 (32 Stat. 388) sold in the manner and for the purposes
mentioned in this chapter may be patented to the purchaser thereof or
his assignee at any time after the expiration of the period of
redemption allowed by law under which it may have been sold (no
redemption having been made) upon the payment to the officer designated
by the Secretary of the Interior of the local land office of the minimum
price of $1.25 per acre, or such other price as may be fixed by law for
such lands, together with the usual fees and commissions charged in
entries of like lands under the homestead laws, and upon a satisfactory
showing that the irrigation works have been constructed and that water
of the district is available for such land; but the purchaser or his
assignee shall, at the time of application for patent, have the
qualification of a homestead entryman or desert-land entryman, and not
more than one hundred and sixty acres of said land shall be patented to
any one purchaser under the provisions of this chapter.
These limitations shall not apply to sales to irrigation districts,
but shall apply to purchasers from such irrigation districts of such
land bid in by said district.
Unless the purchaser or his assignee of such lands shall, within
ninety days after the time for redemption has expired, pay to the proper
officer designated by the Secretary of the Interior all fees and
commissions and the purchase price to which the United States shall be
entitled as provided for in this chapter, any person having the
qualification of a homestead entryman or a desert-land entryman may pay
to the proper officer designated by the Secretary of the Interior for
not more than one hundred and sixty acres of said lands, for which
payment has not been made, the unpaid purchase price, fees, and
commissions to which the United States may be entitled; and upon
satisfactory proof that he has paid to the purchaser at the tax sale, or
his assignee or to the proper officer of the district for such purchaser
or for the district, as the case may be, the sum for which the land was
sold at sale for irrigation-district charges or bid in by the district
at such sale, and in addition thereto the interest and penalties on the
amount bid at the rate allowed by law, shall be subrogated to the rights
of such purchaser to receive patent for said land.
In any case where any tract of entered land lying within such
approved irrigation district shall become vacant by relinquishment or
cancellation for any cause, any subsequent applicant therefor shall be
required, in addition to the qualifications and requirements otherwise
provided, to furnish satisfactory proof by certificate from the proper
district or county officer that he has paid all charges then due to the
district upon said land and also has paid to the proper district or
county officer for the holder or holders of any tax certificates,
delinquency certificates, or other proper evidence of purchase at tax
sale the amount for which the said land was sold at tax sale, together
with the interest and penalties thereon provided by law.
(Aug. 11, 1916, ch. 319, Sec. 6, 39 Stat. 508; Oct. 28, 1921, ch. 114,
Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
References in Text
The reclamation Act of June 17, 1902, referred to in text, is
classified generally to chapter 12 (Sec. 371 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
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 register of district land office 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.
Previously, references to ``receiver'' were changed to ``register''
by acts Oct. 28, 1921, and Mar. 3, 1925.
