43 U.S.C. 617(h)Providedsection 433 of this titleProvided furtherProvided furtherLands found to be practicable of irrigation and reclamation by irrigation works and withdrawn under the Act of () shall be opened for entry, in tracts varying in size but not exceeding one hundred and sixty acres, as may be determined by the Secretary of the Interior, in accordance with the provisions of the reclamation law, and any such entryman shall pay an equitable share in accordance with the benefits received, as determined by the said Secretary, of the construction cost of said canal and appurtenant structures; said payments to be made in such installments and at such times as may be specified by the Secretary of the Interior, in accordance with the provisions of the said reclamation law, and shall constitute revenue from said project and be covered into the fund herein provided for: , That all persons who served in the United States Army, Navy, Marine Corps, or Coast Guard during World War II, the War with Germany, the War with Spain, or in the suppression of the insurrection in the Philippines, and who have been honorably separated or discharged therefrom or placed in the Regular Army or Naval Reserve, shall have the exclusive preference right for a period of three months to enter said lands, subject, however, to the provisions of ; and also, so far as practicable, preference shall be given to said persons in all construction work authorized by this subchapter: , That the above exclusive preference rights shall apply to veteran settlers on lands watered from the Gila canal in Arizona the same as to veteran settlers on lands watered from the All-American canal in California: , That in the event such an entry shall be relinquished at any time prior to actual residence upon the land by the entryman for not less than one year, lands so relinquished shall not be subject to entry for a period of sixty days after the filing and notation of the relinquishment in the local land office, and after the expiration of said sixty-day period such lands shall be open to entry, subject to the preference in this section provided.
Dec. 21, 1928, ch. 42, § 945 Stat. 1063Mar. 6, 1946, ch. 5860 Stat. 36Pub. L. 94–579, title VII, § 70490 Stat. 2792(, ; , ; , , .)
Editorial Notes
References in Text
43 U.S.C. 617(h)act Mar. 6, 1946, ch. 5860 Stat. 36act of Dec. 21, 1928, ch. 4245 Stat. 1057Act of (), referred to in text, probably means , , which amended this section and which authorized all lands of the United States found by the Secretary of the Interior to be practicable of irrigation and reclamation by the irrigation works authorized by the , , to be withdrawn from public entry.
section 617k of this titleThe reclamation law, referred to in text, is defined in .
Amendments
Pub. L. 94–57943 U.S.C. 617(h)act of Dec. 21, 1928, ch. 4245 Stat. 10571976— substituted “Lands found to be practicable of irrigation and reclamation by irrigation works and withdrawn under the Act of ()” for “Thereafter, at the direction of the Secretary of the Interior, such lands”, and struck out provisions authorizing withdrawal from public entry of all public lands found by Secretary of the Interior to be practicable of irrigation and reclamation by irrigation works authorized under the , .
1946—Act , struck out “or” before “Marine Corps” and inserted “or Coast Guard during World War II” after “Marine Corps,” and second proviso.
Statutory Notes and Related Subsidiaries
Change of Name
section 515(h) of Pub. L. 109–163section 10101 of Title 10References to Naval Reserve, other than references to Naval Reserve regarding the United States Naval Reserve Retired List, deemed to refer to Navy Reserve, see , set out as a note under , Armed Forces.
Effective Date of 1976 Amendment
Pub. L. 94–579, title VII, § 704(a)90 Stat. 2792, , , provided that amendment to this section striking out provision relating to withdrawal of public lands is effective on and after .
Savings Provision
Pub. L. 94–579section 701 of Pub. L. 94–579section 1701 of this titleAmendment by not to be construed as terminating any valid lease, permit, patent, etc., existing on , see , set out as a note under .
Repeal of Prior Acts Continuing Section
Apr. 14, 1952, ch. 20466 Stat. 54May 28, 1952, ch. 33966 Stat. 96June 14, 1952, ch. 43766 Stat. 137June 30, 1952, ch. 52666 Stat. 296Section 6 of Joint Res. , repealed Joint Res. , as amended by Joint Res. , ; Joint Res. , ; Joint Res. , , which continued provisions until . This repeal took effect as of , by section 7 of Joint Res. .