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43 U.S.C. § 641 — Grant of desert land to States authorized

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 641 — Grant of desert land to States authorized

To aid the public-land States in the reclamation of the desert lands therein, and the settlement, cultivation and sale thereof in small tracts to actual settlers, the Secretary of the Interior with the approval of the President is, as of August 18, 1894, authorized and empowered, upon proper application of the State to contract and agree, from time to time, with each of the States in which there may be situated desert lands as defined by the Act approved March 3, 1877, and the Act amendatory thereof, approved March 3, 1891, binding the United States to donate, grant, and patent to the State free of cost for survey or price such desert lands, not exceeding one million acres in each State, as the State may cause to be irrigated, reclaimed, occupied, and not less than twenty acres of each one hundred and sixty acre tract cultivated by actual settlers, as thoroughly as is required of citizens who may enter under the desert-land law within ten years from the date of approval by the Secretary of the Interior of the State’s application for the segregation of such lands; and if actual construction of reclamation works is not begun within three years after the segregation of the lands or within such further period not exceeding three years, as shall be allowed by the Secretary of the Interior, the said Secretary of the Interior, in his discretion, may restore such lands to the public domain; and if the State fails, within ten years from the date of such segregation, to cause the whole or any part of the lands so segregated to be so irrigated and reclaimed, the Secretary of the Interior may, in his discretion, continue said segregation for a period not exceeding five years, or may, in his discretion, restore such lands not irrigated and reclaimed to the public domain upon the exp

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Stable record: federal_law:legal_authorities:record_usc_6faa503c4d0c22ec8d2448c6
Source file: Laws/federal/codes/united-states-code/title-43/section-641-grant-of-desert-land-to-states-authorized--413747aa8e.md
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Passage SHA-256: e71c4708f5bdc424cda30a9b71a9c0f9ba09e1d0a7255541956cf5f848c30a45

Source location: Title 43, Chapter 14, § 641; chapter-014-grants-of-desert-lands-to-states-for-reclamation.md

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To aid the public-land States in the reclamation of the desert lands therein, and the settlement, cultivation and sale thereof in small tracts to actual settlers, the Secretary of the Interior with the approval of the President is, as of August 18, 1894, authorized and empowered, upon proper application of the State to contract and agree, from time to time, with each of the States in which there may be situated desert lands as defined by the Act approved March 3, 1877, and the Act amendatory thereof, approved March 3, 1891, binding the United States to donate, grant, and patent to the State free of cost for survey or price such desert lands, not exceeding one million acres in each State, as the State may cause to be irrigated, reclaimed, occupied, and not less than twenty acres of each one hundred and sixty acre tract cultivated by actual settlers, as thoroughly as is required of citizens who may enter under the desert-land law within ten years from the date of approval by the Secretary of the Interior of the State’s application for the segregation of such lands; and if actual construction of reclamation works is not begun within three years after the segregation of the lands or within such further period not exceeding three years, as shall be allowed by the Secretary of the Interior, the said Secretary of the Interior, in his discretion, may restore such lands to the public domain; and if the State fails, within ten years from the date of such segregation, to cause the whole or any part of the lands so segregated to be so irrigated and reclaimed, the Secretary of the Interior may, in his discretion, continue said segregation for a period not exceeding five years, or may, in his discretion, restore such lands not irrigated and reclaimed to the public domain upon the expiration of the ten-year period or of any extension thereof.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 495 — Omitted

### Statutory Notes #### Codification Section, act Mar. 3, 1891, ch. 561, § 15, 26 Stat. 1101, which reserved the Annette Islands for the use of the Metlakahtla Indians, was omitted from the Code as being of special and not general application.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1701 — Congressional declaration of policy

**(a)** The Congress declares that it is the policy of the United States that— (1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest; (2) the national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other Federal and State planning efforts; (3) public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before October 21, 1976, be reviewed in accordance with the provisions of this Act; (4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands for specified purposes and that Congress delineate the extent to which the Executive may withdraw lands without legislative action; (5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be required to establish comprehensive rules and regulations after considering the views of the general public; and to structure adjudication procedures to assure adequate third party participation, objective administrative review of initial decisions, and expeditious decisionmaking; (6) judicial review of public land adjudication decisions be provided by law; (7) goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis of multiple use and sustained yield unless otherwise specified by law; (8) the public lands be managed in a manner t

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1181 — Omitted

### Statutory Notes #### Codification Section, act Mar. 3, 1891, ch. 561, § 1, 26 Stat. 1095; Mar. 3, 1893, ch. 208, 27 Stat. 593; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, which related to repeal of act June 14, 1878, ch. 190, 20 Stat. 113 (which is not classified to the Code), was omitted from the Code as obsolete.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 426 — Agreements with Indians not affected

Nothing in this act shall change, repeal, or modify any agreements or treaties made with any Indian tribes for the disposal of their lands, or of land ceded to the United States to be disposed of for the benefit of such tribes, and the proceeds thereof to be placed in the Treasury of the United States; and the disposition of such lands shall continue in accordance with the provisions of such treaties or agreements; except as provided in sections 161 and 162 11 See References in Text note below. of title 43.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460iii–2 — Establishment

**(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

30 U.S.C. § 83 — Homestead or desert-land and other entries

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

30 U.S.C. § 84 — Applications for entry

Any person desiring to make entry under the homestead laws or the desert-land law, any State desiring to make selection under [section 641 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section641&num=0&edition=prelim), and the Secretary of the Interior in withdrawing under the Reclamation Act lands classified as coal lands, or valuable for coal, with a view of securing or passing title to the same in accordance with the provisions of said Acts, shall state in the application for entry, selection, or notice of withdrawal that the same is made in accordance with and subject to the provisions and reservations of sections 83 to 85 of this title.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 3204 — Critical maintenance and repair

**(a) Critical failure at a reserved or transferred work** (1) **In general** — A reserved or transferred work shall only be eligible for funding under [section 3201(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3201/2/A&num=0&edition=prelim) if— (A) construction of the reserved or transferred work began on or before January 1, 1915; and (B) a unit of the reserved or transferred work suffered a critical failure in Bureau of Reclamation infrastructure during the 2-year period ending on November 15, 2021, that resulted in the failure to deliver water to project beneficiaries. (2) **Use of funds** — Rehabilitation, repair, and replacement activities for a transferred or reserved work using amounts made available under [section 3201(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3201/2/A&num=0&edition=prelim) may be used for the entire transferred or reserved work, regardless of whether the critical failure was limited to a single project of the overall work. (3) **Nonreimbursable funds** — Notwithstanding [section 510b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section510b/b&num=0&edition=prelim), amounts made available to a reserved or transferred work under [section 3201(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3201/2/A&num=0&edition=prelim) shall be nonreimbursable to the United States. **(b) Carey Act projects** The Secretary shall use amounts made available under [section 3201(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3201/2/B&num=0&edition=prelim) to fund the rehabilitation, reconstruction, or replacement

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 3204

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 523 — Storage and transportation of water for irrigation districts, etc.

Whenever in carrying out the provisions of the reclamation law, storage or carrying capacity has been or may be provided in excess of the requirements of the lands to be irrigated under any project, the Secretary of the Interior, preserving a first right to lands and entrymen under the project, is authorized, upon such terms as he may determine to be just and equitable, to contract for the impounding, storage, and carriage of water to an extent not exceeding such excess capacity with irrigation systems operating under [section 641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section641&num=0&edition=prelim), and individuals, corporations, associations, and irrigation districts organized for or engaged in furnishing or in distributing water for irrigation. Water so impounded, stored, or carried under any such contract shall be for the purpose of distribution to individual water users by the party with whom the contract is made: Provided, however, That water so impounded, stored, or carried shall not be used otherwise than as prescribed by law as to lands held in private ownership within Government reclamation projects. In fixing the charges under any such contract for impounding, storing, or carrying water for any irrigation system, corporation, association, district, or individual, as herein provided, the Secretary shall take into consideration the cost of construction and maintenance of the reservoir by which such water is to be impounded or stored and the canal by which it is to be carried, and such charges shall be just and equitable as to water users under the Government project. No irrigation system, district, association, corporation, or individual so contracting shall make any charge for the storage, carriage, or delivery of

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 595 — King Hill project, Idaho

King Hill project, Idaho, shall be subject to the reclamation Act of June seventeenth, nineteen hundred and two, and all Acts amendatory thereof or supplementary thereto, so far as applicable and consistent with contract made prior to July 1, 1918, between the United States and King Hill irrigation district: Provided, That for the purposes of issuing patent to lands reclaimed, the reclamation effected by the operations of the United States Reclamation Service may be considered by the Secretary of the Interior as equivalent to reclamation effected by the State of Idaho, under [section 641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section641&num=0&edition=prelim).

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