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43 U.S.C. § 321 — Entry right generally; extent of right to appropriate waters
Federal law — U.S. Code and appendices · legal_authorities
It shall be lawful for any citizen of the United States, or any person of requisite age “who may be entitled to become a citizen, and who has filed his declaration to become such” and upon payment of 25 cents per acre—to file a declaration under oath with the officer designated by the Secretary of the Interior of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one-half section, by conducting water upon the same, within the period of three years thereafter: Provided, however, That the right to the use of water by the person so conducting the same, on or to any tract of desert land of three hundred and twenty acres shall depend upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to existing rights. Said declaration shall describe particularly said one-half section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as possible without a survey. At any time within the period of three years after filing said declaration, upon making satisfactory proof to the officer designated by the Secretary of the Interior of the reclamation of said tract of land in the manner aforesaid, and upon the payment to such officer of the additional sum of $1 per acre for a tract of land not exceeding three hundred and twenty acres to any one person, a paten
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Stable record: federal_law:legal_authorities:record_usc_04ccc964cc2f464935ce33c8
Source file: Laws/federal/codes/united-states-code/title-43/section-321-entry-right-generally-extent-of-right-to-appropriate-waters--456b1d5b5d.md
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Source location: Title 43, Chapter 9, § 321; chapter-009-desert-land-entries.md
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It shall be lawful for any citizen of the United States, or any person of requisite age “who may be entitled to become a citizen, and who has filed his declaration to become such” and upon payment of 25 cents per acre—to file a declaration under oath with the officer designated by the Secretary of the Interior of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one-half section, by conducting water upon the same, within the period of three years thereafter: Provided, however, That the right to the use of water by the person so conducting the same, on or to any tract of desert land of three hundred and twenty acres shall depend upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to existing rights. Said declaration shall describe particularly said one-half section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as possible without a survey. At any time within the period of three years after filing said declaration, upon making satisfactory proof to the officer designated by the Secretary of the Interior of the reclamation of said tract of land in the manner aforesaid, and upon the payment to such officer of the additional sum of $1 per acre for a tract of land not exceeding three hundred and twenty acres to any one person, a patent for the same shall be issued to him. Except as provided in section 3 of the Act of June 16, 1955, as amended, no person may make more than one entry under sections 321 to 323, 325, and 327 to 329 of this title. However, in that entry one or more tracts may be included, and the tracts so entered need not be contiguous. The aggregate acreage of desert land which may be entered by any one person under this section shall not exceed three hundred and twenty acres, and all the tracts entered by one person shall be sufficiently close to each other to be managed satisfactorily as an economic unit, as determined under rules and regulations issued by the Secretary of the Interior.
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this subchapter or subchapter II shall be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat. 887), and Acts amendatory thereof or supplementary thereto.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, R.S. § 446; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided that there shall be in the Department of the Interior a Director of the Bureau of Land Management. Provision for a Bureau of Land Management in the Department of the Interior and for the structure of such Bureau is contained in section 403 of the 1946 Reorg. Plan No. 3, which is set out below.
#### 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, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under [section 1451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1451&num=0&edition=prelim).
For transfer of records, property, personnel, and funds, see sections 1001 to 1003 of Reorg. Plan No. 3 of 1946, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, set out in the Appendix to Title 5, Government Organization and Employees.
#### Bureau of Land Management Created
Reorg. Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided:
“(a) The functions of the General Land Office and of the Grazing Service in the Department of the Interior are hereby consolidated to form a new agency in the Department of the Interior to be known as the Bureau of Land Management. The functions of the other agencies named in subsection (d) of this section are hereby transferred to the Secretary of the Interior.
“(b) There shall be at the head of such Bureau a Director of the Bureau of Land Management, who shall be appointed by the Secretary of the Interior under the classified civil service, who shall
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Federal law — U.S. Code and appendices · legal_authorities
There shall be at the seat of government an executive department to be known as the Department of the Interior, and a Secretary of the Interior, who shall be the head thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1451
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Federal law — U.S. Code and appendices · legal_authorities
Unreserved public lands of the United States exclusive of Alaska which have been withdrawn or classified as coal lands, or are valuable for coal, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert-land law, to selection under [section 641 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section641&num=0&edition=prelim), and to withdrawal under the Act approved June seventeenth, nineteen hundred and two, known as the Reclamation Act, whenever such entry, selection, or withdrawal shall be made with a view of obtaining or passing title, with a reservation to the United States of the coal in such lands and of the right to prospect for, mine, and remove the same. But all homestead entries made hereunder shall be subject to the conditions, as to residence and cultivation, of entries under [section 218 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section218&num=0&edition=prelim). Those who have initiated nonmineral entries, selections, or locations in good faith, prior to June 22, 1910, on lands withdrawn or classified as coal lands may perfect the same under the provisions of the laws under which said entries were made, but shall receive the limited patent provided for in sections 83 to 85 of this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) There is hereby established the Morley Nelson Snake River Birds of Prey National Conservation Area.
(2) The purposes for which the conservation area is established, and shall be managed, are to provide for the conservation, protection, and enhancement of raptor populations and habitats and the natural and environmental resources and values associated therewith, and of the scientific, cultural, and educational resources and values of the public lands in the conservation area.
(3) Subject to the provisions of subsection (d) of this section and [section 460iii–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460iii-3&num=0&edition=prelim), uses of the public lands in the conservation area existing on August 4, 1993, shall be allowed to continue.
**(b) Area included** The conservation area shall consist of approximately 482,457 acres of federally owned lands and interests therein managed by the Bureau of Land Management as generally depicted on the map entitled “Snake River Birds of Prey National Conservation Area”, dated November 1991.
**(c) Map and legal description** As soon as is practicable after August 4, 1993, the map referred to in subsection (b) and a legal description of the conservation area shall be filed by the Secretary with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Each such map shall have the same force and effect as if included in this subchapter; except that the Secretary may correct clerical and typographical errors in such map and legal description. Each such map shall be on file and available for public inspection in the office of the Director and the Idaho State Director of the Bureau of Land
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Federal law — U.S. Code and appendices · legal_authorities
At the time of filing the declaration required in [section 321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section321&num=0&edition=prelim) the party shall also file a map of said land, which shall exhibit a plan showing the mode of contemplated irrigation, and which plan shall be sufficient to thoroughly irrigate and reclaim said land, and prepare it to raise ordinary agricultural corps, and shall also show the source of the water to be used for irrigation and reclamation. Persons entering or proposing to enter separate sections, or fractional parts of sections, of desert lands, may associate together in the construction of canals and ditches for irrigating and reclaiming all of said tracts, and may file a joint map or maps showing their plan of internal improvements.
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Federal law — U.S. Code and appendices · legal_authorities
Page 65
TITLE 43—PUBLIC LANDS
§ 321
ingress or egress upon the lands in districts for
any purpose authorized by any such law, includ-
ing prospecting for and extraction of minerals.
(Mar. 4, 1927, ch. 513, § 16, 44 Stat. 1455.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 471o of
Title 48, Territories and Insular Possessions.
Executive Documents
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accom-
plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.
CHAPTER 9—DESERT-LAND ENTRIES
Sec.
321.
Entry right generally; extent of right to ap-
propriate waters.
322.
Desert lands defined; question how deter-
mined.
323.
Application to certain States.
324.
Assignment of entries.
325.
Resident citizenship of State as qualification
for entry.
326.
Unsurveyed lands not subject to entry; pref-
erential right of entry after survey.
327.
Filing
irrigation
plan;
association
of
entrymen.
328.
Expenditures and cultivation requirements.
329.
Issue of patent on final proof; citizenship re-
quirement as to patentee; limit as to
amount of holding.
330.
Desert-land entry in addition to homestead
entry.
331.
Reclamation requirements waived in favor of
disabled soldiers, etc.
332.
Omitted.
333.
Extension of time for completion of irrigation
works.
334.
Further extension of time for final proofs.
335.
Further extension in cases not covered by
sections 333 and 334 of this title.
336.
Further extension in addition to that author-
ized by sections 333 to 335 of this title.
336a to 336d. Repea
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 321
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