43 U.S.C. § 431 — Limitation as to amount of water; qualifica-

Page 151 TITLE 43—PUBLIC LANDS § 432 § 425. Exemption of lands owned by States, etc., from acreage limitation on receipt of irriga- tion benefits; determination of exempt status The provisions of Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof and supplemental thereto) which limit the acreage of irrigable land which may receive irrigation benefits from, through, or by means of Federal reclamation works, shall not be applicable to lands owned by States, po- litical subdivisions, and agencies thereof, so long as such lands are farmed, primarily in the direct furtherance of a non-revenue-producing public function, as determined by the Secretary of the Interior; and to the extent that such lands continue to qualify for the exempted status af- forded by this section they shall not be deemed to be excess lands for any purposes whatsoever under said reclamation laws. (Pub. L. 91–310, § 1, July 7, 1970, 84 Stat. 411.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is 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. § 425a. Eligibility of transferred lands owned by States, etc., for receipt of water from a Fed- eral reclamation project, division, or unit; conditions of eligibility; purchase price Irrigable lands owned by States, political sub- divisions, and agencies thereof which do not fall within the provisions of section 425 of this title may receive water from a Federal reclamation project, division, or unit if a valid recordable contract for the sale of such lands within ten years of the date of said contract has been exe- cuted under terms and conditions satisfactory to the Secretary of the Interior but without lim- itation upon selling price. The purchasers of lands sold under the provi- sions of this section, or the heirs and devisees of such purchasers, if otherwise eligible under rec- lamation law to receive project water for the lands purchased, shall not be disqualified for de- livery of water by reason of the amount of the purchase price paid for said lands. (Pub. L. 91–310, § 2, July 7, 1970, 84 Stat. 411.) § 425b. Receipt of project water by lessees of irri- gable lands owned by States, etc.; time limi- tation; applicability of acreage limitations Lessees of irrigable lands owned by States, po- litical subdivisions, and agencies thereof which are held to be subject to the acreage limitation provisions of Federal reclamation law and for which recordable contracts to sell have not been made may receive project water from July 7, 1970, subject to the same acreage limitation pro- visions of Federal reclamation law as private landowners. (Pub. L. 91–310, § 3, July 7, 1970, 84 Stat. 411; Pub. L. 97–293, title II, § 224(d), Oct. 12, 1982, 96 Stat. 1272.) Editorial Notes REFERENCES IN TEXT The Federal reclamation law, referred to in text, probably means act June 17, 1902, ch. 1093, 32 Stat. 388, and Acts amendatory thereof and supplementary there- to. See section 425 of this title. Act June 17, 1902, popu- larly known as the Reclamation Act, is classified gen- erally to this chapter. For complete classification of act June 17, 1902, to the Code, see Short Title note set out under section 371 of this title and Tables. AMENDMENTS 1982—Pub. L. 97–293 struck out ‘‘for a period not to exceed twenty-five years’’ after ‘‘may receive project water’’. SUBCHAPTER VI—WATER RIGHT APPLICATIONS AND LAND ENTRIES § 431. Limitation as to amount of water; qualifica- tions of applicant No right to the use of water for land in private ownership shall be sold for a tract exceeding one hundred and sixty acres to any one landowner, and no such sale shall be made to any landowner unless he be an actual bona fide resident on such land, or occupant thereof residing in the neigh- borhood of said land, and no such right shall per- manently attach until all payments therefor are made. (June 17, 1902, ch. 1093, § 5, 32 Stat. 389.) Statutory Notes and Related Subsidiaries IMPERIAL IRRIGATION DISTRICT OF CALIFORNIA; NONAPPLICABILITY OF FEDERAL RECLAMATION LAWS Nonapplicability of Federal reclamation laws to lands within Imperial Irrigation District of California, see section 4 of Pub. L. 96–570, set out as a note under section 423e of this title. 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. § 432. Entry under homestead laws generally Public lands which it is proposed to irrigate by means of any contemplated works shall be subject to entry only under the provisions of the homestead laws, and shall be subject to the limi- tations, charges, terms, and conditions herein provided: Provided, That the commutation provi- sions of the homestead laws shall not apply to entries made under this Act. (June 17, 1902, ch. 1093, § 3, 32 Stat. 388.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act June 17, 1902, pop- ularly known as the Reclamation Act, which is classi- fied generally to this chapter. For complete classifica- tion 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 part of section 3 of act June 17, 1902. Remainder of section 3 is classified to sections 416 and 434 of this title.