
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC322]

 
                         TITLE 43--PUBLIC LANDS
 
                     CHAPTER 9--DESERT-LAND ENTRIES
 
Sec. 322. Desert lands defined; question how determined

    All lands exclusive of timber lands and mineral lands which will 
not, without irrigation, produce some agricultural crop, shall be deemed 
desert lands, within the meaning of sections 321 to 323, 325, and 327 to 
329 of this title, which fact shall be ascertained by proof of two or 
more credible witnesses under oath, whose affidavits shall be filed in 
the land office in which said tract of land may be situated.
    The determination of what may be considered desert land shall be 
subject to the decision and regulation of the Secretary of the Interior 
or such officer as he may designate.

(Mar. 3, 1877, ch. 107, Secs. 2, 3, 19 Stat. 377; 1946 Reorg. Plan No. 
3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

                          Codification

    The first paragraph of this section is from section 2 of act Mar. 3, 
1877.
    The second paragraph of this section is from the last clause of 
section 3 of act Mar. 3, 1877. The first clause of section 3 is 
incorporated in section 323 of this title.

                          Transfer of Functions

    ``Secretary of the Interior or such officer as he may designate'' 
substituted for ``Commissioner of the General Land Office'' on authority 
of section 403 of Reorg. Plan No. 3 of 1946, which abolished General 
Land Office and Commissioner thereof and transferred functions of 
General Land Office to a new agency in Department of the Interior to be 
known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 
of 1946, set out as a note under section 1 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    Provisions of this section as not amended, modified or repealed by 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 321, 323, 324, 326, 328, 
329, 333, 641, 1303 of this title; title 16 section 460iii-2.
