ProvidedProvidedPublic 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: , 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 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. 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 reclamation service, 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: , 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, § 332 Stat. 388June 27, 1906, ch. 3559, § 134 Stat. 51960 Stat. 1100(, ; , ; 1946 Reorg. Plan No. 3, § 403, eff. , 11 F.R. 7876, .)
Editorial Notes
References in Text
act June 17, 1902, ch. 109332 Stat. 388section 371 of this titleAct of June seventeenth, nineteen hundred and two, referred to in text, is , , popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Codification
Section is comprised of a part of section 3 of act , and section 1 of act . Remainder of section 3 of act , is classified to sections 416 and 432 of this title.
Statutory Notes and Related Subsidiaries
Section as Unaffected by Submerged Lands Act
section 1303 of this titleProvisions of this section as not amended, modified or repealed by the Submerged Lands Act, see .
Executive Documents
Change of Name
The Reclamation Service, established in July 1902, changed to the Bureau of Reclamation on , then to the Water and Power Resources Service on , and then to the Bureau of Reclamation on . See 155 Dep’t of the Interior, Departmental Manual 1.1 (2008 repl.); Sec’y Hubert Work, Dep’t of the Interior, Order (); Sec’y Cecil D. Andrus, Dep’t of the Interior, Secretarial Order 3042, §§ 1, 4 (); Sec’y James G. Watt, Dep’t of the Interior, Secretarial Order 3064, §§ 3, 5 ().
Transfer of Functions
section 1 of this title“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 .