
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC434]

 
                         TITLE 43--PUBLIC LANDS
 
  CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
 
        SUBCHAPTER VI--WATER RIGHT APPLICATIONS AND LAND ENTRIES
 
Sec. 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: Provided, That 
whenever, in the opinion of the Secretary of the Interior, by reason of 
market conditions and the special fitness of the soil and climate 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 irrigated 
under the provisions of the Act of June 17, 1902, 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. Wherever it may be necessary, for the 
purpose of accurate description, to further subdivide lands to be 
irrigated under the provisions of said reclamation Act, the Secretary of 
the Interior may cause subdivision surveys to be made by the officers of 
the Bureau of Reclamation, which subdivisions shall be rectangular in 
form, except in cases where irregular subdivisions may be necessary in 
order to provide for practicable and economical irrigation. Such 
subdivision surveys shall be noted upon the tract books in the Bureau 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 minimum limit in any State or Territory.

(June 17, 1902, ch. 1093, Sec. 3, 32 Stat. 388; June 27, 1906, ch. 3559, 
Sec. 1, 34 Stat. 519; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 
1946, 11 F.R. 7876, 60 Stat. 1100.)

                       References in Text

    Act of June 17, 1902, known as the reclamation Act, referred to in 
text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which is 
classified generally 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.

                          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.

                          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 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.


                            Cross References

    Grand Teton National Park, withdrawn lands within exterior boundary, 
use of reclamation purposes, see section 406d-5 of Title 16, 
Conservation.

                  Section Referred to in Other Sections

    This section is referred to in section 451h of this title.
