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

Page 243 TITLE 43—PUBLIC LANDS § 641 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. ‘‘Officer designated by the Secretary of the Interior’’ substituted for ‘‘register’’ on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of reg- ister of district land office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title. Previously, ref- erence to ‘‘receiver’’ was changed to ‘‘register’’ by acts Oct. 28, 1921 and Mar. 3, 1925. § 630. Disposition by Government of proceeds of land sold All moneys derived by the United States from the sale of public lands referred to in this chap- ter shall be paid into such funds and applied as provided by law for the disposal of the proceeds from the sale of public lands. (Aug. 11, 1916, ch. 319, § 8, 39 Stat. 509.) CHAPTER 14—GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION Sec. 641. Grant of desert land to States authorized. 641a. Issuance of quitclaim deeds; patents for seg- regated lands. 641b. Filing of application for quitclaim deeds. 641c. Requirements of application for quitclaim deed. 641d. Effective date of quitclaim; administration of lands relinquished by States. 642. Liens for expenses of reclamation. 643. Repealed. 644. Preference right to entryman under State laws. 645. Additional arid lands available to Colorado, Idaho, Nevada, and Wyoming for reclama- tion. 646. Grant extended to New Mexico and Arizona. 647. Grant extended to desert lands within part of former Ute Indian Reservation in Colorado. 648. Omitted. § 641. Grant of desert land to States authorized To aid the public-land States in the reclama- tion of the desert lands therein, and the settle- ment, cultivation and sale thereof in small tracts to actual settlers, the Secretary of the In- terior 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 do- nate, grant, and patent to the State free of cost for survey or price such desert lands, not exceed- ing 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 hun- dred 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 Sec- retary 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 exceed- ing three years, as shall be allowed by the Sec- retary 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 seg- regation, to cause the whole or any part of the lands so segregated to be so irrigated and re- claimed, 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 expira- tion of the ten-year period or of any extension thereof. Before the application of any State is allowed or any contract or agreement is executed or any segregation of any of the land from the public domain is ordered by the Secretary of the Inte- rior, the State shall file a map of the said land proposed to be irrigated which shall exhibit a plan showing the mode of the contemplated irri- gation and which plan shall be sufficient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary agricultural crops and shall also show the source of the water to be used for irrigation and reclamation. Any State contracting under this section is authorized to make all necessary contracts to cause the said lands to be reclaimed, and to in- duce their settlement and cultivation in accord- ance with and subject to the provisions of this section; but the State shall not be authorized to lease any of said lands or to use or dispose of the same in any way whatever, except to secure their reclamation, cultivation, and settlement. As fast as any State may furnish satisfactory proof according to such rules and regulations as may be prescribed by the Secretary of the Inte- rior, that any of said lands are irrigated, re- claimed, and occupied by actual settlers, pat- ents shall be issued to the State or its assigns for said lands so reclaimed and settled: Provided, That said States shall not sell or dispose of more than one hundred and sixty acres of said lands to any one person, and any surplus of money derived by any State from the sale of said lands in excess of the cost of their reclama- tion, shall be held as a trust fund for and be ap- plied to the reclamation of other desert lands in such State. (Aug. 18, 1894, ch. 301, § 4, 28 Stat. 422; Mar. 3, 1901, ch. 853, § 3, 31 Stat. 1188; Jan. 6, 1921, ch. 10, 41 Stat. 1085; Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792.) Editorial Notes REFERENCES IN TEXT Act approved March 3, 1877, referred to in text, is act Mar. 3, 1877, ch. 107, 19 Stat. 377, popularly known as the Desert Lands Act, which is classified generally to sec- tions 321 to 323, 325, 327 to 329 of this title. For complete classification of this Act to the Code, see Tables. The Act amendatory thereof, approved March 3, 1891, referred to in text, is act Mar. 3, 1891, ch. 561, 26 Stat. 1095, which enacted sections 161, 162, 165, 173, 174, 185, 202, 212, 321, 323, 325, 327 to 329, 663, 671, 687a–6, 718, 728, 732, 893, 946 to 949, 989, 2505, and 2506 of this title, former section 1181 of this title, sections 471, 607, 611, 611a, and 613 of Title 16, Conservation, section 426 of Title 25, In- dians, former section 495 of Title 25, and sections 30, 36, 44, 45, 48, and 52 of Title 30, Mineral Lands and Mining. Page 244 TITLE 43—PUBLIC LANDS § 641a 1 See References in Text note below. For complete classification of this Act to the Code, see Tables. AMENDMENTS 1976—Pub. L. 94–579 struck out provisions authorizing Secretary of the Interior to promulgate regulations for reservation of lands by the State. 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. SHORT TITLE This section is popularly known as the ‘‘Carey Act’’. 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. § 641a. Issuance of quitclaim deeds; patents for segregated lands The Secretary of the Interior shall issue quit- claim deeds to the public-land States for all lands patented to such States under section 641 of this title. He shall also issue a patent for all unpatented public lands within each State now segregated under that section for which the State issued final certificates or other evidence of right prior to June 1, 1953, or as to which eq- uitable claims to the lands accrued prior to that date (by reason of cultivation or improvement of the lands for agricultural development purposes) for conveyance to the holders of such rights or claims, or to their heirs, successors, or assigns. (Aug. 13, 1954, ch. 727, § 1, 68 Stat. 703.) § 641b. Filing of application for quitclaim deeds The Secretary shall not issue such quitclaim deeds or patents to any State, however, unless that State files a proper application for the transfer of these lands within three years after August 13, 1954. (Aug. 13, 1954, ch. 727, § 2, 68 Stat. 703.) § 641c. Requirements of application for quitclaim deed The application must include a list of all the lands which the State certifies should be trans- ferred under the terms of section 641a of this title, the basis for the certification of each tract included, and a quitclaim or relinquishment of all right, title, and interest in the State to any and all other lands under section 641 of this title. Such quitclaim or relinquishment by the State shall not affect any private rights ob- tained from the State prior to August 13, 1954. (Aug. 13, 1954, ch. 727, § 3, 68 Stat. 703.) § 641d. Effective date of quitclaim; administra- tion of lands relinquished by States The quitclaim or relinquishment of all right, title, and interest by the State to any lands under sections 641a to 641d of this title shall not be effective until the Secretary has transferred the lands applied for under section 641a of this title. The Secretary shall provide for the admin- istration and disposition under the public-land laws of the lands quitclaimed or relinquished by the States pursuant to sections 641a to 641d of this title. (Aug. 13, 1954, ch. 727, § 4, 68 Stat. 703.) § 642. Liens for expenses of reclamation Under any law heretofore or hereafter enacted by any State, providing for the reclamation of arid lands, in pursuance and acceptance of the terms of the grant made in section 641 of this title, a lien or liens is authorized to be created by the State to which such lands are granted and by no other authority whatever, and when created shall be valid on and against the sepa- rate legal subdivisions of land reclaimed, for the actual cost and necessary expenses of reclama- tion and reasonable interest thereon from the date of reclamation until disposed of to actual settlers; and when an ample supply of water is actually furnished in a substantial ditch or canal, or by artesian wells or reservoirs, to re- claim a particular tract or tracts of such lands, then patents shall issue for the same to such State without regard to settlement or cultiva- tion: Provided, That in no event, in no contin- gency, and under no circumstances shall the United States be in any manner directly or indi- rectly liable for any amount of any such lien or liability, in whole or in part. (June 11, 1896, ch. 420, 29 Stat. 434.) § 643. Repealed. Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792 Section, act Mar. 15, 1910, ch. 96, 36 Stat. 237, author- ized temporary withdrawal from settlement or entry of desert lands. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal made by section 704(a) is effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94–579 not to be construed as termi- nating 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. § 644. Preference right to entryman under State laws The Secretary of the Interior, when restoring to the public domain lands that have been seg- regated to a State under sections 641, 642 and 643 1 of this title is authorized, in his discretion and under such rules and regulations as he may establish to allow for not exceeding ninety days to any entryman under section 641 of this title a preference right of entry under applicable land laws of any of such lands which such person had entered under and pursuant to the State laws providing for the administration of the grant under section 641 of this title and upon which such person had established actual bona fide res- idence or had made substantial and permanent