§322 — Title 43 Public Lands | U.S. Code

Summary

Treat land (except timber and mineral areas) that cannot grow any crop without irrigation as desert land for sections 321–323, 325, and 327–329 of this title. That must be proved by sworn statements from at least two reliable witnesses filed in the land office where the land is, and the Secretary of the Interior (or an officer he names) decides and sets the rules about what counts as desert land.

Title 43, §322

Public Lands — Source: USLM XML via OLRC

All lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of sections 321 to 323, 325, and 327 to 329 of this title, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated. The determination of what may be considered desert land shall be subject to the decision and regulation of the Secretary of the Interior or such officer as he may designate.

Notes & Related Subsidiaries

Editorial Notes

Codification The first paragraph of this section is from section 2 of act Mar. 3, 1877. The second paragraph of this section is from the last clause of section 3 of act Mar. 3, 1877. The first clause of section 3 is incorporated in section 323 of this title.

Statutory Notes and Related Subsidiaries

Section as Unaffected by Submerged Lands ActProvisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

Executive Documents

Transfer of Functions

“Secretary of the Interior or such officer as he may designate” substituted for “Commissioner of the General Land Office” on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished General Land Office and Commissioner thereof and transferred functions of General Land Office to a new agency in Department of the Interior to be known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.

§322 Desert Lands Defined; Question How Determined