43 U.S.C. § 617h: Lands capable of irrigation…

Summary

Lands found suitable for irrigation and set aside under the 1946 Act must be opened for people to claim in plots up to 160 acres, with the exact sizes set by the Secretary of the Interior and under the reclamation law. People who take land must pay a fair share of the canal and related construction costs. The Secretary will decide the amount, the payment schedule, and the payments go into the project’s fund. Veterans who served in World War II, the War with Germany, the War with Spain, or in suppressing the Philippine insurrection, and who were honorably separated, or placed in the Regular Army or Naval Reserve, get an exclusive 3-month right to claim these lands (subject to section 433 rules) and should, when possible, be given first choice for related construction jobs. If a claimant gives up a claim before living on the land for one year, the land cannot be claimed by others for 60 days after the local office records the relinquishment; after 60 days it is open again, still honoring the veteran preference.

Title 43, §617h

Public Lands, Source: USLM XML via OLRC

Lands found to be practicable of irrigation and reclamation by irrigation works and withdrawn under the Act of March 6, 1946 (43 U.S.C. 617(h)) shall be opened for entry, in tracts varying in size but not exceeding one hundred and sixty acres, as may be determined by the Secretary of the Interior, in accordance with the provisions of the reclamation law, and any such entryman shall pay an equitable share in accordance with the benefits received, as determined by the said Secretary, of the construction cost of said canal and appurtenant structures; said payments to be made in such installments and at such times as may be specified by the Secretary of the Interior, in accordance with the provisions of the said reclamation law, and shall constitute revenue from said project and be covered into the fund herein provided for: Provided, That all persons who served in the United States Army, Navy, Marine Corps, or Coast Guard during World War II, the War with Germany, the War with Spain, or in the suppression of the insurrection in the Philippines, and who have been honorably separated or discharged therefrom or placed in the Regular Army or Naval Reserve, shall have the exclusive preference right for a period of three months to enter said lands, subject, however, to the provisions of section 433 of this title; and also, so far as practicable, preference shall be given to said persons in all construction work authorized by this subchapter: Provided further, That the above exclusive preference rights shall apply to veteran settlers on lands watered from the Gila canal in Arizona the same as to veteran settlers on lands watered from the All-American canal in California: Provided further, That in the event such an entry shall be relinquished at any time prior to actual residence upon the land by the entryman for not less than one year, lands so relinquished shall not be subject to entry for a period of sixty days after the filing and notation of the relinquishment in the local land office, and after the expiration of said sixty-day period such lands shall be open to entry, subject to the preference in this section provided.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of March 6, 1946 (43 U.S.C. 617(h)), referred to in text, probably means act Mar. 6, 1946, ch. 58, 60 Stat. 36, which amended this section and which authorized all lands of the United States found by the Secretary of the Interior to be practicable of irrigation and reclamation by the irrigation works authorized by the act of Dec. 21, 1928, ch. 42, 45 Stat. 1057, to be withdrawn from public entry. The reclamation law, referred to in text, is defined in section 617k of this title.

Amendments

1976—Pub. L. 94–579 substituted “Lands found to be practicable of irrigation and reclamation by irrigation works and withdrawn under the Act of March 6, 1946 (43 U.S.C. 617(h))” for “Thereafter, at the direction of the Secretary of the Interior, such lands”, and struck out provisions authorizing withdrawal from public entry of all public lands found by Secretary of the Interior to be practicable of irrigation and reclamation by irrigation works authorized under the act of Dec. 21, 1928, ch. 42, 45 Stat. 1057. 1946—Act Mar. 6, 1946, struck out “or” before “Marine Corps” and inserted “or Coast Guard during World War II” after “Marine Corps,” and second proviso.

Statutory Notes and Related Subsidiaries

Change of Name

References to Naval Reserve, other than references to Naval Reserve regarding the United States Naval Reserve Retired List, deemed to refer to Navy Reserve, see section 515(h) of Pub. L. 109–163, set out as a note under section 10101 of Title 10, Armed Forces.

Effective Date

of 1976 Amendment Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that amendment to this section striking out provision relating to withdrawal of public lands 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. Repeal of Prior Acts Continuing Section section 6 of Joint Res.

July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res.

May 28, 1952, ch. 339, 66 Stat. 96; Joint Res.

June 14, 1952, ch. 437, 66 Stat. 137; Joint Res.

June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until

July 3, 1952. This repeal took effect as of

June 16, 1952, by section 7 of Joint Res.

July 3, 1952.

§617h Lands Capable of Irrigation and Reclamation by Irrigation Works; Public Entry; Preferences