Notes on 43 U.S.C. § 321 : US Code - Notes

Search Notes on 43 U.S.C. § 321 : US Code - Notes

(Mar. 3, 1877, ch. 107, Sec. 1, 19 Stat. 377; Aug. 30, 1890, ch.
837, Sec. 1, 26 Stat. 391; Mar. 3, 1891, ch. 561, Sec. 2, 26 Stat.
1096; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925,
ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July
16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 85-641, Sec. 1, Aug.
14, 1958, 72 Stat. 596.)
REFERENCES IN TEXT
Section 3 of the Act of June 16, 1955, referred to in text, is
section 3 of act June 16, 1955, ch. 145, 69 Stat. 138, as amended,
which is set out as an Additional Desert-Land Entry note under
section 83 of Title 30, Mineral Lands and Mining.
CODIFICATION
The original text provided for the sale of 640 acres. The
aggregate quantity which any person could acquire under all the
land laws was limited, however, to 320 acres by act Aug. 30, 1890
(set out as section 212 of this title) except in the case of
mineral lands.
AMENDMENTS
1958 - Pub. L. 85-641 permitted entry on one or more tracts, not
contiguous, but sufficiently close to each other to be managed
satisfactorily as an economic unit.
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 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" and "such
officer" 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 district land
offices 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, references to register and receiver changed to
register by acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated
offices of register and receiver and provided for a single officer
to be known as register.
ARIZONA ENTRIES DEPENDENT UPON PERCOLATING WATERS
Act Aug. 4, 1955, ch. 548, 69 Stat. 491, provided: "The
requirement of section 1 of the Desert Land Act of March 3, 1877
(19 Stat. 377) [this section], that the right to the use of water
by a desert land entryman 'shall depend upon bona fide prior
appropriation' shall be waived in the case of all desert land
entries which have heretofore been allowed and are subsisting on
the effective date of this Act [Aug. 4, 1955] which are dependent
upon percolating waters for their reclamation, and which are
situated in the State of Arizona under the laws of which the
percolating waters upon which the entries are dependent are not
subject to the doctrine of prior appropriation but are usable under
State law for irrigation and reclamation purposes."
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.