Title 43Public LandsRelease 119-73

§416 Laws applicable to withdrawn lands; restoration to entry

Title 43 › Chapter CHAPTER 12— - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER III— - INSTITUTION AND CONSTRUCTION OF PROJECTS › § 416

Last updated Apr 6, 2026|Official source

Summary

Homestead claims inside lands that were set aside must follow the rules and limits of this Act. Once surveys, maps, plans, and cost estimates are finished, the Secretary of the Interior will decide if the project is practical; if not, he will return the lands to be open for entry.

Full Legal Text

Title 43, §416

Public Lands — Source: USLM XML via OLRC

All lands entered and entries made under the homestead laws within areas so withdrawn during such withdrawal shall be subject to all the provisions, limitations, charges, terms, and conditions of this Act; that said surveys shall be prosecuted diligently to completion, and upon the completion thereof, and of the necessary maps, plans, and estimates of cost, the Secretary of the Interior shall determine whether or not said project is practicable and advisable, and if determined to be impracticable or unadvisable he shall thereupon restore said lands to entry.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in text, is act June 17, 1902, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 371 of this title and Tables. Said surveys, referred to in text, mean the surveys for contemplated irrigation works authorized by section 411 of this title. Codification Section is comprised of part of section 3 of act June 17, 1902. Remainder of such section 3 is classified to section 432 and 434 of this title.

Amendments

1976—Pub. L. 94–579 struck out provisions that the Secretary of the Interior withdraw from public entry lands required for irrigation works contemplated under the Act of June 17, 1902, prior to the giving of the public notice provided for in section 419 of this title, that he restore such withdrawn lands to public entry when he deemed such lands unnecessary for the purposes of such Act, and that he withdraw from entry, except under the homestead laws, any public lands believed to be susceptible of irrigation from said works prior to the beginning of surveys for any contemplated irrigation works.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 Amendment Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the amendment made by section 704(a) is effective on and after Oct. 21, 1976.

Savings Provision

Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. Section as Unaffected by Submerged Lands ActProvisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

Reference

Citations & Metadata

Citation

43 U.S.C. § 416

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73