43 U.S.C. § 433 — Character and capital qualification of

Page 152 TITLE 43—PUBLIC LANDS § 433 Statutory Notes and Related Subsidiaries SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title. § 433. Character and capital qualification of entrymen The Secretary is authorized, under regulations to be promulgated by him, to require of each ap- plicant including preference right ex-service men for entry to public lands on a project, such qualifications as to industry, experience, char- acter, and capital, as in his opinion are nec- essary to give reasonable assurance of success by the prospective settler. The Secretary is au- thorized to appoint boards in part composed of private citizens, to assist in determining such qualifications. (Dec. 5, 1924, ch. 4, § 4, subsec. C, 43 Stat. 702.) Statutory Notes and Related Subsidiaries ADVANCES BY FARM SECURITY ADMINISTRATION AS CAPITAL Act Aug. 7, 1939, ch. 509, 53 Stat. 1238, as amended June 17, 1940, ch. 390, 54 Stat. 402; May 28, 1941, ch. 136, 55 Stat. 206; Aug. 1, 1942, ch. 540, 56 Stat. 732, authorized Secretary of the Interior during fiscal years 1940 to 1943 to consider money made available to settlers by the former Farm Security Administration to be all or part of the capital required under this section. DEFINITIONS The definitions in section 371 of this title apply to this section. § 433a. Preference of needy families It is declared to be the policy of the Congress that, in the opening to entry of newly irrigated public lands, preference shall be given to fami- lies who have no other means of earning a liveli- hood, or who have been compelled to abandon, through no fault of their own, other farms in the United States, and with respect to whom it ap- pears after careful study, in the case of each such family, that there is a probability that such family will be able to earn a livelihood on such irrigated lands. (June 18, 1940, ch. 395, § 1, 54 Stat. 439.) § 434. Amount of land for which entry may be made; farm unit; subdivision of lands Public lands which it is proposed to irrigate by means of any contemplated works shall be subject to entry in tracts of not less than forty nor more than one hundred and sixty acres: Pro- vided, That whenever, in the opinion of the Sec- retary of the Interior, by reason of market con- ditions and the special fitness of the soil and cli- mate for the growth of fruit and garden produce, a lesser area than forty acres may be sufficient for the support of a family on lands to be irri- gated under the provisions of the Act of June seventeenth, nineteen hundred and two, known as the reclamation Act, he may fix a lesser area than forty acres as the minimum entry and may establish farm units of not less than ten nor more than one hundred and sixty acres. Wher- ever it may be necessary, for the purpose of ac- curate description, to further subdivide lands to be irrigated under the provisions of said rec- lamation Act, the Secretary of the Interior may cause subdivision surveys to be made by the offi- cers of the reclamation service, which subdivi- sions shall be rectangular in form, except in cases where irregular subdivisions may be nec- essary in order to provide for practicable and ec- onomical irrigation. Such subdivision surveys shall be noted upon the tract books in the Bu- reau of Land Management, and they shall be paid for from the reclamation fund: Provided, That an entryman may elect to enter under said reclamation Act a lesser area than the min- imum limit in any State or Territory. (June 17, 1902, ch. 1093, § 3, 32 Stat. 388; June 27, 1906, ch. 3559, § 1, 34 Stat. 519; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Editorial Notes REFERENCES IN TEXT 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 Reclamation Act, which is classified generally to this chapter. For complete clas- sification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. CODIFICATION Section is comprised of a part of section 3 of act June 17, 1902, and section 1 of act June 27, 1906. Remainder of section 3 of act June 17, 1902, is classified to sections 416 and 432 of this title. Statutory Notes and Related Subsidiaries SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title. 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 ‘‘Bureau of Land Management’’ substituted in text for ‘‘General Land Office’’ on authority of section 403 of Reorg. Plan No. 3 of 1946, set out as a note under sec- tion 1 of this title. § 435. Entries in excess of farm unit All entries under reclamation projects con- taining more than one farm unit shall be re- duced in area and conformed to a single farm unit within two years after making proof of resi- dence, improvement, and cultivation, or within two years after the issuance of a farm-unit plat for the project, if the same issues subsequent to the making of such proof: Provided, That such proof is made within four years from the date as