U.S. Code » Title 43 » Chapter CHAPTER 12— RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER III— INSTITUTION AND CONSTRUCTION OF PROJECTS

43 U.S.C. § 416

Laws applicable to withdrawn lands; restoration to entry

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All lands entered and entries made under the homestead laws within areas so withdrawn during such withdrawal shall be subject to all the provisions, limitations, charges, terms, and conditions of this Act; that said surveys shall be prosecuted diligently to completion, and upon the completion thereof, and of the necessary maps, plans, and estimates of cost, the Secretary of the Interior shall determine whether or not said project is practicable and advisable, and if determined to be impracticable or unadvisable he shall thereupon restore said lands to entry.

Notes of Decisions
Cited in 5 cases, 1938–1976 · leading case: United States v. Tulare Lake Canal Co., 535 F.2d 1093 (9th Cir. 1976).
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United States v. Tulare Lake Canal Co., 535 F.2d 1093 (9th Cir. 1976). · cites it 2× “388 , 43 U.S.C. §§ 416 , 434. See H.R.Rep.No.1468, 57th Cong.”
Verde River Irrigation & Power Dist. v. Salt River Valley Water Users' Ass'n, 94 F.2d 936 (9th Cir. 1938). “1093, § 3, 43 U.S.C.A. § 416 , the Secretary of the Interior was directed to “withdraw from public entry the lands required for any irrigation works,” among other things.”
United States v. Imperial Irrigation Dist., 322 F. Supp. 11 (S.D. Cal. 1971). “43 U.S.C. §§ 416 , 432, 434. This statute provides that public lands proposed for irrigation under reclamation projects shall be withdrawn and subject to entry under the homestead laws in tracts of not more than 160 acres.”
Walkeng Mining Co. v. Covey, 352 P.2d 768 (Ariz. 1960). “3, Act of June 17, 1902, 43 U.S.C.A. § 416 ) withdrew all of Township 32 North, Range 10 West of the G & SRB & M “excepting any tract title to which has passed out of the United States” from public entry under the first form of withdrawal.”
Foster v. Jensen, 296 F. Supp. 1348 (C.D. Cal. 1966). “388 , on September 10, 1940; 43 U.S.C. § 416 , The Bureau of Land Management records establish that the aforesaid order of withdrawal was never abrogated, revoked, cancelled, or rescinded as to the real property and premises described as aforesaid; On September 1, 1960,…”
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