43 U.S.C. § 547 — Patent to desert-land entryman

Page 190 TITLE 43—PUBLIC LANDS § 545 1 See References in Text note below. 1 So in original. The closing quotation marks probably should follow ‘‘purposes’’. CODIFICATION Section comprises part of section 3 of act Aug. 9, 1912. Remainder of section 3 is set out as section 543 of this title. AMENDMENTS 1956—Act July 11, 1956, increased period during which land could be held from two years to five years, and to authorize delivery of water for that period. Statutory Notes and Related Subsidiaries AMENDMENT OF EXISTING CONTRACTS For provisions authorizing the Secretary of the Inte- rior to amend existing contracts under the Federal rec- lamation laws to conform to the provisions of this sec- tion, see section 3 of act July 11, 1956, set out as a note under section 423e of this title. § 545. Appointment of agents to receive pay- ments; record of payments and amounts owing The Secretary of the Interior is authorized to designate such bonded fiscal agents or officers of the Reclamation Service as he may deem advis- able on each reclamation project, to whom shall be paid all sums due on reclamation entries or water rights, and the officials so designated shall keep a record for the information of the public of the sums paid and the amount due at any time on account of any entry made or water right purchased under the reclamation Act; and the Secretary of the Interior shall make provi- sion for furnishing copies of duly authenticated records of entries upon payment of reasonable fees which copies shall be admissible in evi- dence, as are copies authenticated under section eight hundred and eighty-eight 1 of the Revised Statutes. (Aug. 9, 1912, ch. 278, § 4, 37 Stat. 267.) Editorial Notes REFERENCES IN TEXT The reclamation Act, referred to in text, is identified in section 541 of this section as act June 17, 1902, ch. 1093, 32 Stat. 388, 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. Section eight hundred and eighty-eight of the Re- vised Statutes, referred to in text, was repealed by sec- tion 21 of act June 25, 1948, ch. 645, 62 Stat. 862, the first section of which enacted Title 18, Crimes and Criminal Procedure. Prior to repeal, R.S. § 888 was classified to section 669 of former Title 28, Judicial Code and Judici- ary. For provisions relating to admissibility in evi- dence of authenticated copies, see section 1733 of Title 28, Judiciary and Judicial Procedure. Executive Documents CHANGE OF NAME The Reclamation Service, established in July 1902, changed to the Bureau of Reclamation on June 20, 1923, then to the Water and Power Resources Service on Nov. 6, 1979, and then to the Bureau of Reclamation on May 18, 1981. See 155 Dep’t of the Interior, Departmental Manual 1.1 (2008 repl.); Sec’y Hubert Work, Dep’t of the Interior, Order (June 20, 1923); Sec’y Cecil D. Andrus, Dep’t of the Interior, Secretarial Order 3042, §§ 1, 4 (Nov. 6, 1979); Sec’y James G. Watt, Dep’t of the Interior, Sec- retarial Order 3064, §§ 3, 5 (May 18, 1981). TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain 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. § 546. Jurisdiction of district court for enforce- ment of this subchapter Jurisdiction of suits by the United States for the enforcement of the provisions of this sub- chapter is conferred on the United States dis- trict courts of the districts in which the lands are situated. (Aug. 9, 1912, ch. 278, § 5, 37 Stat. 267.) § 547. Patent to desert-land entryman Any desert-land entryman whose desert-land entry has been embraced within the exterior limits of any land withdrawal or irrigation project under the Act of June 17, 1902, known as the reclamation Act, and who may have ob- tained a water supply for the land embraced in any such desert-land entry from the reclamation project by the purchase of a water-right certifi- cate, may at any time after having complied with the provisions of the law applicable to such lands and upon proof of the cultivation and rec- lamation of the land to the extent required by the reclamation Act for homestead entrymen, submit proof of such compliance, which proof, if found regular and satisfactory, shall entitle the entryman to a patent and a final water-right certificate under the same terms and conditions as required of homestead entrymen under the Act entitled ‘‘An Act providing for patents on reclamation entries, and for other purposes, ap- proved August ninth, nineteen hundred and twelve [43 U.S.C. 541 et seq.].’’ 1 (Aug. 26, 1912, ch. 408, § 1, 37 Stat. 610.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, known as the reclamation Act, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, 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. The Act entitled ‘‘An Act providing for patents on reclamation entries, and for other purposes’’, referred to in text, is act Aug. 9, 1912, ch. 278, 37 Stat. 265, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Tables. CODIFICATION This section was not enacted as part of act Aug. 9, 1912, ch. 278, 37 Stat. 265, which comprises this sub- chapter. Page 191 TITLE 43—PUBLIC LANDS § 566 1 See References in Text note below. SUBCHAPTER XV—TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES § 561. Survey and subdivision of land for town sites; reservation for public purposes The Secretary of the Interior may in connec- tion with irrigation projects under the reclama- tion Act of June seventeenth, nineteen hundred and two, not exceeding one hundred and sixty acres in each case, survey and subdivide the same into town lots, with appropriate reserva- tions for public purposes: Provided, That, when- ever, in the opinion of the Secretary of the Inte- rior, it shall be advisable for the public interest, he may dispose of town sites in excess of one hundred and sixty acres. (Apr. 16, 1906, ch. 1631, § 1, 34 Stat. 116; June 27, 1906, ch. 3559, § 4, 34 Stat. 520; Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792.) Editorial Notes REFERENCES IN TEXT The reclamation Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Rec- lamation 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. CODIFICATION Introductory provisions are from the first section of act Apr. 16, 1906. The proviso is from part of the proviso of section 4 of act June 27, 1906. Another part of the proviso of section 4 of act June 27, 1906, is classified to section 568 of this title. The remainder of section 4 of act June 27, 1906, was classified to former section 594 of this title. AMENDMENTS 1976—Pub. L. 94–579 struck out provisions authorizing withdrawal from public entry any lands needed for town-site purposes. 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., exist- ing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 562. Appraisal and sale of town lots The lots so surveyed shall be appraised under the direction of the Secretary of the Interior and sold under his direction at not less than their appraised value at public auction to the highest bidders, from time to time, for cash, and the lots offered for sale and not disposed of may afterwards be sold at not less than the appraised value under such regulations as the Secretary of the Interior may prescribe. Reclamation funds may be used to defray the necessary expenses of appraisement and sale, and the proceeds of such sales shall be covered into the reclamation fund. (Apr. 16, 1906, ch. 1631, § 2, 34 Stat. 116.) § 563. Disposal of town sites set apart prior to June 27, 1906 Any town site set apart or established prior to June 27, 1906, by proclamation of the President, under the provisions of sections 711 and 712 1 of this title, within or in the vicinity of any rec- lamation project, may be appraised and disposed of in accordance with the provisions of section 562 of this title and all necessary expenses in- curred in the appraisal and sale of lands em- braced within any such town site shall be paid from the reclamation fund, and the proceeds of the sales of such lands shall be covered into the reclamation fund. (June 27, 1906, ch. 3559, § 3, 34 Stat. 519.) Editorial Notes REFERENCES IN TEXT Sections 711 and 712 of this title, referred to in text, were repealed by Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789. § 564. Reappraisal of town lots for sale The Secretary of the Interior is authorized, whenever he may deem it necessary, to re- appraise all unsold lots within town sites on projects under the reclamation Act heretofore or hereafter appraised under the provisions of sections 562 and 563 of this title; and thereafter to proceed with the sale of such town lots in ac- cordance with said sections. (June 11, 1910, ch. 284, § 1, 36 Stat. 465.) Editorial Notes REFERENCES IN TEXT The reclamation Act, referred to in text, probably means act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified gen- erally 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. § 565. Terms of sale of town lots; installments of price In the sale of town lots under the provisions of sections 562 and 563 of this title the Secretary of the Interior may, in his discretion, require pay- ments for such town lots in full at time of sale or in annual installments, not exceeding five, with interest at the rate of 6 per centum per annum on deferred payments. (June 11, 1910, ch. 284, § 2, 36 Stat. 466.) Editorial Notes REFERENCES IN TEXT Section 594 of this title, referred to in text, was omit- ted from the Code. § 566. Maintenance of public reservations and conveyance to municipality The public reservations in such town sites shall be improved and maintained by the town authorities at the expense of the town; and upon the organization thereof as municipal corpora-