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US (United States) Code. Title 43. Chapter 7: Homesteads

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-CITE-

43 USC CHAPTER 7 - HOMESTEADS 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

-HEAD-

CHAPTER 7 - HOMESTEADS

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

161 to 176. Repealed or Transferred.

177. Patents for lands in New Mexico held under color of

title.

178. Patents for lands in New Mexico; lands contiguous to

Spanish or Mexican land grants.

179, 180. Repealed.

SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY

181 to 191. Repealed.

SUBCHAPTER III - LANDS SUBJECT TO ENTRY

201 to 208. Repealed.

209. Extension of public-land laws to certain lands in

Oklahoma.

210. Recognition of equitable claims on certain lands in

Oklahoma; validation of homestead entries.

SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED

ENTRIES

211 to 224. Repealed.

SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR

NONCULTIVATION

231 to 243a. Repealed.

SUBCHAPTER VI - FINAL PROOF GENERALLY

251 to 256b. Repealed.

SUBCHAPTER VII - PAYMENTS AND REFUNDS

261 to 263. Repealed.

SUBCHAPTER VIII - ALASKA HOMESTEADS

270 to 270-11. Repealed.

270-12. Disposal by United States of coal, oil, or gas

deposits reserved to United States; entry, reentry,

etc., on lands for prospecting, mining, and removal.

270-13 to 270-17. Repealed.

SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD

271 to 284. Repealed.

SUBCHAPTER X - STOCK-RAISING HOMESTEAD

291 to 298. Repealed.

299. Reservation of coal and mineral rights.

(a) General provisions.

(b) Exploration; location of mining claims;

notices.

(d) Authorized mineral activities.

(e) Bond.

(f) Plan of operations.

(g) Fee.

(h) Reclamation.

(i) State law.

(j) Inspections.

(k) Damages for failure to comply.

(l) Payment of financial guarantee.

(m) Bond release.

(n) Conveyance to surface owner.

(o) Definitions.

(p) Minerals covered.

300. Repealed.

301. Rules and regulations.

302. Repealed.

-End-

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43 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

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43 USC Secs. 161 to 164 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 161 to 164. Repealed. Pub. L. 94-579, title VII, Sec. 702,

Oct. 21, 1976, 90 Stat. 2787

-MISC1-

Section 161, R.S. Sec. 2289; Mar. 3, 1891, ch. 561, Sec. 5, 26

Stat. 1097, related to entry of unappropriated public lands.

Section 162, R.S. Sec. 2290; Mar. 3, 1891, ch. 561, Sec. 5, 26

Stat. 1097; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3,

1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403,

eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to

application for entry on public lands, and contents for affidavit

for application.

Section 163, R.S. Sec. 2295; 1946 Reorg. Plan No. 3, Sec. 403,

eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to record

of application, registration, and return to Bureau of Land

Management.

Section 164, R.S. Sec. 2291; June 6, 1912, ch. 153, 37 Stat. 123,

related to issuance, etc., of certificate or patent for entered

lands.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

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43 USC Sec. 165 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 165. Transferred

-COD-

CODIFICATION

Section, act Mar. 3, 1891, ch. 561, Sec. 7, 26 Stat. 1098, which

related to suspension of entries for correction of clerical errors,

was transferred to section 1165 of this title.

-End-

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43 USC Secs. 166 to 175 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 166 to 175. Repealed. Pub. L. 94-579, title VII, Sec. 702,

Oct. 21, 1976, 90 Stat. 2787

-MISC1-

Section 166, acts May 14, 1880, ch. 89, Sec. 3, 21 Stat. 141;

June 6, 1900, ch. 821, 31 Stat. 683; Aug. 9, 1912, ch. 280, 37

Stat. 267, related to time for settlers to file application and for

perfection of entry, marriage of entrywoman, and preferential right

of entry.

Section 167, acts Apr. 6, 1914, ch. 51, 38 Stat. 312; Mar. 1,

1921, ch. 90, 41 Stat. 1193, related to marriage of entryman to

entrywoman.

Section 168, act Oct. 17, 1914, ch. 325, 38 Stat. 740, related to

marriage of entrywoman to alien.

Section 169, R.S. Sec. 2297; Mar. 3, 1881, ch. 153, 21 Stat. 511;

June 6, 1912, ch. 153, 37 Stat. 124; 1946 Reorg. Plan No. 3, Sec.

403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to

failure to establish residence and reversion of entered lands to

Federal Government.

Section 170, act Oct. 22, 1914, ch. 335, 38 Stat. 766, related to

rights of wife on abandonment by husband.

Section 171, R.S. Sec. 2292, related to rights inuring to infant

children on death of both mother and father.

Section 172, act June 8, 1880, ch. 136, 21 Stat. 166; 1946 Reorg.

Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.

1100, related to effect of insanity of settlers upon claims.

Section 173, R.S. Sec. 2301; Mar. 3, 1891, ch. 561, Sec. 6, 26

Stat. 1098; June 3, 1896, ch. 312, Sec. 2, 29 Stat. 197, related to

commutations of entries after 14 months from date of settlement.

Section 174, R.S. Sec. 2288; Mar. 3, 1891, ch. 561, Secs. 3, 4,

26 Stat. 1097; Mar. 3, 1905, ch. 1424, 33 Stat. 991, related to

right to transfer claims.

Section 175, R.S. Sec. 2296; Apr. 28, 1922, ch. 155, 42 Stat.

502, related to exemption from execution of homestead land.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

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43 USC Sec. 176 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 176. Repealed. Pub. L. 94-579, title VII, Sec. 705(a), Oct.

21, 1976, 90 Stat. 2792

-MISC1-

Section, act Mar. 2, 1895, ch. 174, Secs. 1-3, 28 Stat. 744,

provided for appointment of court commissioners for certain

Territories.

EFFECTIVE DATE OF REPEAL

Section 705(a) of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

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43 USC Sec. 177 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 177. Patents for lands in New Mexico held under color of title

-STATUTE-

Whenever it shall be shown to the satisfaction of the Secretary

of the Interior that a tract or tracts of public land, not known to

be mineral, in the State of New Mexico, not exceeding in the

aggregate one hundred and sixty acres, has or have been held in

good faith and in peaceful, adverse possession by a citizen of the

United States, his ancestors or grantors, for more than twenty

years under claim or color of title, and that valuable improvements

have been placed on such land, or some part thereof has been

reduced to cultivation, the Secretary may, in his discretion, upon

the payment of $1.25 per acre, cause a patent or patents to issue

for such land to any such citizen: Provided, That where the area or

areas so held by any such citizen is in excess of one hundred and

sixty acres the Secretary may determine what particular

subdivisions, not exceeding one hundred and sixty acres in the

aggregate, to any such citizen may be patented under this section:

Provided further, That the term "citizen" as used in this section

shall be held to include a corporation organized under the laws of

the United States or any State or Territory thereof.

-SOURCE-

(June 8, 1926, ch. 501, 44 Stat. 709.)

-End-

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43 USC Sec. 178 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 178. Patents for lands in New Mexico; lands contiguous to

Spanish or Mexican land grants

-STATUTE-

Whenever it shall be shown to the satisfaction of the Secretary

of the Interior that a tract or tracts of public land, contiguous

to a Spanish or Mexican land grant, in the State of New Mexico, not

exceeding in the aggregate one hundred and sixty acres, has or have

been held in good faith and in peaceful, adverse possession by a

citizen of the United States, his ancestors or grantors, for more

than twenty years under claim or color of title, and that valuable

improvements have been placed on such land, or some part thereof

has been reduced to cultivation, the Secretary may, in his

discretion, upon the payment of $1.25 per acre, cause a patent or

patents to issue for such land to any such citizens: Provided, That

where the area or areas so held by any such citizen is in excess of

one hundred and sixty acres the Secretary may determine what

particular subdivisions, not exceeding one hundred and sixty acres

in the aggregate, to any such citizen may be patented hereunder:

Provided further, That coal and all other minerals contained

therein are reserved to the United States; that said coal and other

minerals shall be subject to sale or disposal by the United States

under applicable leasing and mineral land laws, and permittees,

lessees, or grantees of the United States shall have the right to

enter upon said lands for the purpose of prospecting for and mining

such deposits: Provided further, That the term "citizen", as used

in this section, shall be held to include a corporation organized

under the laws of the United States or any State or Territory

thereof.

-SOURCE-

(Feb. 23, 1932, ch. 52, 47 Stat. 53.)

-REFTEXT-

REFERENCES IN TEXT

The leasing and mineral land laws, referred to in text, probably

mean the mineral leasing laws, which are classified generally to

Title 30, Mineral Lands and Mining.

-End-

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43 USC Secs. 179, 180 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 179, 180. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct.

21, 1976, 90 Stat. 2787

-MISC1-

Section 179, act May 17, 1900, ch. 479, Sec. 1, 31 Stat. 179,

related to free homesteads to settlers, commutation rights, and

payment to Indians.

Section 180, act Jan. 26, 1901, ch. 180, 31 Stat. 740, related to

extension of right of settlers to commute entry.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

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43 USC SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO

MAKE ENTRY 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY

-HEAD-

SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY

-End-

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43 USC Sec. 181 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY

-HEAD-

Sec. 181. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-

Section, act June 5, 1900, ch. 716, Sec. 3, 31 Stat. 270,

provided that a person making an entry which was lost or forfeited

should be entitled to benefits of homestead laws as though the

former entry had not been made. See section 182 of this title.

-End-

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43 USC Secs. 182 to 191 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY

-HEAD-

Secs. 182 to 191. Repealed. Pub. L. 94-579, title VII, Sec. 702,

Oct. 21, 1976, 90 Stat. 2787

-MISC1-

Section 182, act Sept. 5, 1914, ch. 294, 38 Stat. 712, related to

entry after forfeiture of prior entry without fault.

Section 183, R.S. Sec. 2300; Aug. 31, 1918, ch. 166, Sec. 8, 40

Stat. 957; Sept. 13, 1918, ch. 173, 40 Stat. 960, related to minor

veterans, service in military establishment, and relinquishment of

entries.

Section 184, R.S. Sec. 2302, prohibited discrimination based on

race or color in construction or execution of certain laws.

Section 185, acts May 14, 1880, ch. 89, Sec. 2, 21 Stat. 141;

Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097; July 26, 1892, ch.

251, 27 Stat. 270; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

1946, 11 F.R. 7876, 60 Stat. 1100, related to preference right of

entry of successful contestants.

Sections 186, acts Feb. 14, 1920, ch. 76, Secs. 1, 2, 41 Stat.

434, 435; Jan. 21, 1922, ch. 32, Secs. 1, 2, 42 Stat. 358; Dec. 28,

1922, ch. 19, 42 Stat. 1067; June 12, 1930, ch. 471, 46 Stat. 580,

related to preference right of entry of veterans, and promulgation

of rules and regulations.

Section 187, act Feb. 25, 1925, ch. 326, 43 Stat. 981, related to

entrants on ceded Indian reservations.

Section 187a, act June 21, 1934, ch. 690, 48 Stat. 1185, related

to new homestead entry on ceded Indian reservations.

Section 187b, act May 22, 1902, ch. 821, Sec. 2, 32 Stat. 203,

related to second homestead entry by certain settlers.

Section 188, act June 5, 1900, ch. 716, Sec. 3, 31 Stat. 270,

related to purchaser of Flathead Indian land, Montana.

Section 189, act Mar. 3, 1875, ch. 131, Sec. 15, 18 Stat. 420,

related to Indians abandoning tribal relations and consequences

thereof.

Section 190, act July 4, 1884, ch. 180, Sec. 1, 23 Stat. 96,

related to patents for Indians located on public lands.

Section 190a, act Mar. 1, 1933, ch. 160, Sec. 1, 47 Stat. 1418,

related to Indian allotments or homesteads in San Juan County,

Utah.

Section 191, R.S. Secs. 2310, 2311, related to entry, etc.,

rights, of Stockbridge Munsee Indians.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC SUBCHAPTER III - LANDS SUBJECT TO ENTRY 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER III - LANDS SUBJECT TO ENTRY

-HEAD-

SUBCHAPTER III - LANDS SUBJECT TO ENTRY

-End-

-CITE-

43 USC Secs. 201 to 208 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER III - LANDS SUBJECT TO ENTRY

-HEAD-

Secs. 201 to 208. Repealed. Pub. L. 94-579, title VII, Sec. 702,

Oct. 21, 1976, 90 Stat. 2787

-MISC1-

Section 201, R.S. Sec. 2302, prohibited entry and settlement of

mineral lands under this chapter.

Section 202, acts May 14, 1880, ch. 89, Sec. 1, 21 Stat. 140;

Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097; Mar. 3, 1893, ch.

208, 27 Stat. 593; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

1946, 11 F.R. 7876, 60 Stat. 1100, related to relinquished entries.

Section 203, acts June 13, 1902, ch. 1080, Secs. 1-3, 32 Stat.

384; Mar. 4, 1907, ch. 2907, 34 Stat. 1269, related to

applicability of homestead laws to Ute Indian Reservation in

Colorado.

Section 204, act Mar. 3, 1879, ch. 191, 20 Stat. 472, related to

entries on even sections within railroad and other grants.

Section 205, act July 1, 1879, ch. 60, 21 Stat. 46, related to

entries on odd sections within railroad and other grants in

Missouri and Arkansas.

Section 206, act May 6, 1886, ch. 88, 24 Stat. 22, related to

patents for additional entries within railway limits.

Section 207, act Aug. 21, 1916, ch. 361, 39 Stat. 518, authorized

disposition of all agricultural lands within military reservations

in Nevada under homestead and desert-land laws.

Section 208, act June 3, 1924, ch. 240, 43 Stat. 357, authorized

acquisition of all unreserved public lands within the Columbia or

Moses Reserve in Washington to be acquired under laws applicable to

public domain.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC Sec. 209 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER III - LANDS SUBJECT TO ENTRY

-HEAD-

Sec. 209. Extension of public-land laws to certain lands in

Oklahoma

-STATUTE-

The public-land laws of the United States be, and the same are,

extended to the public lands in that part of the Red River between

the medial line and the south bank of the river, in Oklahoma,

between the ninety-eighth meridian and the east boundary of the

territory established as Greer County by the Act of May 4, 1896 (29

Stat. 113): Provided, That such lands shall not be subject to

disposition, settlement, or occupation until after the same have

been classified and opened to entry, and other disposal by the

Secretary of the Interior according to law.

-SOURCE-

(June 22, 1948, ch. 605, Sec. 1, 62 Stat. 576.)

-REFTEXT-

REFERENCES IN TEXT

The public-land laws of the United States, referred to in text,

are classified generally to this title.

Act of May 4, 1896, referred to in text, is act May 4, 1896, ch.

155, 29 Stat. 113, which is not classified to the Code.

-End-

-CITE-

43 USC Sec. 210 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER III - LANDS SUBJECT TO ENTRY

-HEAD-

Sec. 210. Recognition of equitable claims on certain lands in

Oklahoma; validation of homestead entries

-STATUTE-

The Secretary of the Interior is authorized and directed to

recognize equitable claims to such lands based on settlement made

prior to January 1, 1934, and all homestead entries of such lands,

the allowance of which was erroneous because the lands were not

subject to entry, and all suspended entries and applications to

make final proof, are validated if otherwise regular, as of the

date of the regular application.

-SOURCE-

(June 22, 1948, ch. 605, Sec. 2, 62 Stat. 576.)

-End-

-CITE-

43 USC SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND

ADDITIONAL AND ENLARGED ENTRIES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED

ENTRIES

-HEAD-

SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED

ENTRIES

-End-

-CITE-

43 USC Secs. 211 to 224 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED

ENTRIES

-HEAD-

Secs. 211 to 224. Repealed. Pub. L. 94-579, title VII, Sec. 702,

Oct. 21, 1976, 90 Stat. 2787

-MISC1-

Section 211, R.S. Sec. 2298, related to limitation of amount of

homestead entry.

Section 212, acts Aug. 30, 1890, ch. 837, Sec. 1, 26 Stat. 391;

Mar. 3, 1891, ch. 561, Sec. 17, 26 Stat. 1101, related to

limitation of aggregate amount of entries.

Section 213, acts Apr. 28, 1904, ch. 1776, Secs. 2, 3, 33 Stat.

527; Aug. 3, 1950, ch. 521, 64 Stat. 398, related to additional

entry on land contiguous to former entry of less than quarter

section.

Section 214, acts Mar. 2, 1889, ch. 381, Sec. 6, 25 Stat. 854;

Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.

462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

1946, 11 F.R. 7876, 60 Stat. 1100, related to additional entry

after final proof on entry on less than quarter section.

Section 215, act Feb. 20, 1917, ch. 98, 39 Stat. 925, related to

additional entry after patent on entry for less than quarter

section.

Section 216, act Mar. 4, 1921, ch. 162, Sec. 1, 41 Stat. 1433,

related to validation of additional entry after patent.

Section 217, act June 5, 1900, ch. 716, Sec. 2, 31 Stat. 269,

related to additional entry after commutation of former entry.

Section 218, acts Feb. 19, 1909, ch. 160, Secs. 1-6, 35 Stat.

639; June 6, 1912, ch. 153, 37 Stat. 123; June 13, 1912, ch. 166,

37 Stat. 132; Feb. 11, 1913, ch. 39, 37 Stat. 666; Mar. 3, 1915,

ch. 84, 38 Stat. 953; Mar. 3, 1915, ch. 91, 38 Stat. 957; Mar. 4,

1915, ch. 150, Sec. 2, 38 Stat. 1163; July 3, 1916, ch. 220, 39

Stat. 344, set forth provisions relating to enlarged entries on

specified nonmineral, nonirrigable lands in certain States.

Section 219, acts June 17, 1910, ch. 298, Secs. 1-6, 36 Stat.

531, 532; Feb. 11, 1913, ch. 39, 37 Stat. 666; Mar. 3, 1915, ch.

91, 38 Stat. 957; Sept. 5, 1916, ch. 440, 39 Stat. 724; Aug. 10,

1917, ch. 52, Sec. 10, 40 Stat. 275, set forth provisions relating

to enlarged entries on specified nonmineral, nonirrigable lands in

Idaho.

Section 220, act Mar. 4, 1915, ch. 150, Sec. 1, 38 Stat. 1162,

1163; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R.

7876, 60 Stat. 1100, set forth procedures for applications for

entries under sections 218 and 219 of this title.

Section 221, act Mar. 4, 1915, ch. 150, Sec. 2, 38 Stat. 1163,

was transferred to part of section 218 of this title, and

subsequently repealed.

Section 222, act Mar. 4, 1923, ch. 245, Sec. 1, 42 Stat. 1445,

authorized additional entries by homestead entrymen on lands in

national forests in the States covered by former sections 218 and

219 of this title.

Section 223, acts May 14, 1880, ch. 89, Sec. 3, 21 Stat. 141;

June 6, 1900, ch. 821, 31 Stat. 683; Aug. 9, 1912, ch. 280, 37

Stat. 267, authorized preference of settlers to entries under

Enlarged Homestead Act for lands covered by former sections 218 and

219 of this title.

Section 224, acts Apr. 28, 1904, ch. 1801, Secs. 1-3, 33 Stat.

547, 548; Mar. 2, 1907, ch. 2527, Secs. 1-3, 34 Stat. 1224; May 29,

1908, ch. 220, Sec. 7, 35 Stat. 466; Aug. 24, 1912, ch. 371, 37

Stat. 499, extended limitation on entries within certain boundaries

in Nebraska.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR

NONRESIDENCE OR NONCULTIVATION 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR

NONCULTIVATION

-HEAD-

SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR

NONCULTIVATION

-End-

-CITE-

43 USC Secs. 231 to 240 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR

NONCULTIVATION

-HEAD-

Secs. 231 to 240. Repealed. Pub. L. 94-579, title VII, Sec. 702,

Oct. 21, 1976, 90 Stat. 2787

-MISC1-

Section 231, acts Aug. 22, 1914, ch. 270, 38 Stat. 704; Feb. 25,

1919, ch. 21, 40 Stat. 1153; Oct. 28, 1921, ch. 114, Sec. 1, 42

Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan

No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,

related to optional leaves of absence and proof of commutation.

Section 232, act July 3, 1916, ch. 214, 39 Stat. 341, related to

settlers on unsurveyed land.

Section 233, acts Sept. 29, 1919, ch. 64, 41 Stat. 288; Apr. 6,

1922, ch. 122, Sec. 2, 42 Stat. 491, related to residence of

persons receiving treatment for wounds.

Section 234, acts Mar. 2, 1889, ch. 381, Sec. 3, 25 Stat. 854;

Dec. 29, 1894, ch. 14, 28 Stat. 599; Oct. 28, 1921, ch. 114, Sec.

1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.

Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.

1100, related to destruction or failure of crops, sickness, or

unavoidable casualty.

Section 235, act July 1, 1879, ch. 63, Sec. 1, 21 Stat. 48; 1946

Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60

Stat. 1100, related to destruction or injury to crops by

grasshoppers.

Section 236, act Dec. 20, 1917, ch. 6, 40 Stat. 430, allowed

persons who filed applications for homestead entry prior to Dec.

20, 1917, a leave of absence from their land during pendency of war

with Germany for purpose of performing farm labor.

Section 237, act July 24, 1919, ch. 26, 41 Stat. 271, excused

entrymen from residence during drought in 1919.

Section 237a, act Mar. 2, 1932, ch. 69, 47 Stat. 59, excused

entrymen from residence during drought period of 1929 to 1932.

Section 237b, act May 21, 1934, ch. 320, 48 Stat. 787, excused

entrymen from compliance with requirements of homestead laws as to

residence, cultivation, improvements, expenditures or purchase

money where absence was due to economic conditions in 1932, 1933 or

1934.

Section 237c, act May 22, 1935, ch. 135, 49 Stat. 286, excused

entrymen from compliance with requirements of homestead laws as to

residence, cultivation, improvements, expenditures or purchase

money where absence was due to economic conditions in 1935.

Section 237d, acts Aug. 19, 1935, ch. 560, 49 Stat. 659; Mar. 31,

1938, ch. 57, 52 Stat. 149, related to cultivation requirement for

entered lands.

Section 237e, act Apr. 20, 1936, ch. 239, Sec. 1, 49 Stat. 1235,

excused entrymen from compliance with requirements of homestead

laws as to residence, cultivation, improvements, expenditures or

purchase money where absence was due to economic conditions in

1936.

Section 237f, act July 30, 1956, ch. 778, Sec. 1, 70 Stat. 715,

related to absence during 1956 to 1959 due to economic conditions

and protection of rights of entryman.

Section 237g, act July 30, 1956, ch. 778, Sec. 2, 70 Stat. 716,

related to homestead or desert land applications on file as of Mar.

1, 1956, and entries and rights of United States.

Section 237h, act July 30, 1956, ch. 778, Sec. 4, 70 Stat. 716,

set forth lands subject to protection of rights of entryman.

Section 238, acts Mar. 1, 1921, ch. 102, Sec. 1, 41 Stat. 1202;

Apr. 7, 1922, ch. 125, 42 Stat. 492, related to excusing residence

and cultivation, etc., requirements for disabled veterans.

Section 239, R.S. Sec. 2308, related to service in Army, Navy,

etc., as equivalent to residence.

Section 240, acts June 16, 1898, ch. 458, 30 Stat. 473; Aug. 29,

1916, ch. 420, 39 Stat. 671, related to service in time of war as

equivalent to residence and cultivation.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC Secs. 241, 242 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR

NONCULTIVATION

-HEAD-

Secs. 241, 242. Repealed. Oct. 17, 1940, ch. 888, article V, Sec.

503(3), 54 Stat. 1187

-MISC1-

Section 241, act July 28, 1917, ch. 44, Sec. 1, 40 Stat. 248,

related to residence requirements of entrymen in military service

during war.

Section 242, act July 28, 1917, ch. 44, Sec. 2, 40 Stat. 248,

related to widows and children of entrymen who died in military

service during war.

-End-

-CITE-

43 USC Secs. 243, 243a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR

NONCULTIVATION

-HEAD-

Secs. 243, 243a. Repealed. Pub. L. 94-579, title VII, Sec. 702,

Oct. 21, 1976, 90 Stat. 2787

-MISC1-

Section 243, act Apr. 7, 1930, ch. 108, 46 Stat. 144, related to

military service in certain Indian wars as equivalent to residence

and cultivation.

Section 243a, act Mar. 3, 1933, ch. 198, 47 Stat. 1424, related

to extension of credits for military service in certain Indian wars

to widows and issuance of patents to minor children on death of

mother.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC SUBCHAPTER VI - FINAL PROOF GENERALLY 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER VI - FINAL PROOF GENERALLY

-HEAD-

SUBCHAPTER VI - FINAL PROOF GENERALLY

-End-

-CITE-

43 USC Secs. 251 to 256b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER VI - FINAL PROOF GENERALLY

-HEAD-

Secs. 251 to 256b. Repealed. Pub. L. 94-579, title VII, Sec. 702,

Oct. 21, 1976, 90 Stat. 2787

-MISC1-

Section 251, act Mar. 3, 1879, ch. 192, 20 Stat. 472; 1946 Reorg.

Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.

1100, related to notice of intention to make final proof.

Section 252, act Mar. 2, 1889, ch. 381, Sec. 7, 25 Stat. 855,

related to time of taking testimony for final proof in case of

unavoidable delay.

Section 253, act June 3, 1878, ch. 152, 20 Stat. 91, related to

publication of notice of contest.

Section 254, R.S. Sec. 2294; May 26, 1890, ch. 355, 26 Stat. 121;

Mar. 3, 1893, ch. 208, 27 Stat. 593; Mar. 11, 1902, ch. 182, 32

Stat. 63; Mar. 4, 1904, ch. 394, 33 Stat. 59; Oct. 28, 1921, ch.

114, Sec. 1, 42 Stat. 208; Feb. 23, 1923, ch. 105, 42 Stat. 1281;

Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec.

403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Oct. 17,

1968, Pub. L. 90-578, title IV, Sec. 402(b)(2), 82 Stat. 1118,

related to officers before whom affidavits or proofs may be made,

perjury, and fees.

Section 255, R.S. Sec. 2293; Oct. 6, 1917, ch. 86, 40 Stat. 391;

1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,

60 Stat. 1100, related to affidavits taken by commanding officer

for person in military or naval service.

Section 256, act Mar. 4, 1913, ch. 149, Sec. 1, 37 Stat. 925,

related to election as to law under which final proof may be made.

Section 256a, acts May 13, 1932, ch. 178, Secs. 1, 2, 47 Stat.

153; June 16, 1933, ch. 99, 48 Stat. 274; July 26, 1935, ch. 419,

49 Stat. 504; June 16, 1937, ch. 361, 50 Stat. 303, related to

extension of time for offering final proof, and promulgation of

rules and regulations.

Section 256b, act Aug. 27, 1935, ch. 770, 49 Stat. 909, related

to final proof by disabled World War I veterans.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC SUBCHAPTER VII - PAYMENTS AND REFUNDS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER VII - PAYMENTS AND REFUNDS

-HEAD-

SUBCHAPTER VII - PAYMENTS AND REFUNDS

-End-

-CITE-

43 USC Sec. 261 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER VII - PAYMENTS AND REFUNDS

-HEAD-

Sec. 261. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,

1976, 90 Stat. 2787

-MISC1-

Section, acts Sept. 30, 1890, No. 59, 26 Stat. 684; Oct. 28,

1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43

Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946,

11 F.R. 7876, 60 Stat. 1100, related to time for payments and

extension of time.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC Sec. 262 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER VII - PAYMENTS AND REFUNDS

-HEAD-

Sec. 262. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-

Section, act Mar. 2, 1907, ch. 2568, 34 Stat. 1248, provided for

refund of excess payments. See section 1374 of this title.

-End-

-CITE-

43 USC Sec. 263 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER VII - PAYMENTS AND REFUNDS

-HEAD-

Sec. 263. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,

1976, 90 Stat. 2787

-MISC1-

Section, acts June 16, 1880, ch. 244, Secs. 1-4, 21 Stat. 287;

Apr. 18, 1904, No. 25, 33 Stat. 589; 1946 Reorg. Plan No. 3, Sec.

403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to

cancellation of entries and repayment of fees.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC SUBCHAPTER VIII - ALASKA HOMESTEADS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-

SUBCHAPTER VIII - ALASKA HOMESTEADS

-End-

-CITE-

43 USC Sec. 270 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-

Sec. 270. Repealed. Pub. L. 94-579, title VII, Sec. 703(a), Oct.

21, 1976, 90 Stat. 2789

-MISC1-

Section, acts May 14, 1898, ch. 299, Sec. 1, 30 Stat. 409; Mar.

3, 1903, ch. 1002, 32 Stat. 1028; Aug. 24, 1912, ch. 387, Sec. 1,

37 Stat. 512; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3,

1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403,

eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Apr. 29, 1950, ch.

137, Sec. 1, 64 Stat. 94; Aug. 3, 1955, ch. 496, Sec. 1, 69 Stat.

444, set forth provisions relating to applicability of homestead

laws to Alaska. Section was formerly classified to section 371 of

Title 48, Territories and Insular Possessions.

EFFECTIVE DATE OF REPEAL

Section 703(a) of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC Secs. 270-1 to 270-3 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-

Secs. 270-1 to 270-3. Repealed. Pub. L. 92-203, Sec. 18(a), Dec.

18, 1971, 85 Stat. 710

-MISC1-

Section 270-1, acts May 17, 1906, ch. 2469, Sec. 1, 34 Stat. 197;

Aug. 2, 1956, ch. 891, Sec. 1(a)-(d), 70 Stat. 954, authorized

making of homestead allotments to native Indians, Aleuts, or

Eskimos and provided for conveyance of allotted lands. Section was

formerly classified to section 357 of Title 48, Territories and

Insular Possessions.

Section 270-2, act May 17, 1906, ch. 2469, Sec. 2, as added Aug.

2, 1956, ch. 891, Sec. 1(e), 70 Stat. 954, permitted allotments of

land in national forests if land was certified as chiefly valuable

for agricultural or grazing uses. Section was formerly classified

to section 357a of Title 48.

Section 270-3, act May 27, 1906, ch. 2469, Sec. 3, as added Aug.

2, 1956, ch. 891, Sec. 1(e), 70 Stat. 954, prohibited making of an

allotment unless person made satisfactory proof of substantially

continuous use and occupancy of land for five years. Section was

formerly classified to section 357b of Title 48.

-End-

-CITE-

43 USC Sec. 270-4 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-

Sec. 270-4. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,

1976, 90 Stat. 2787

-MISC1-

Section, acts May 14, 1898, ch. 299, Sec. 10, 30 Stat. 413; Oct.

28, 1921, ch. 114 Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43

Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946,

11 F.R. 7876, 60 Stat. 1100, related to affidavits, and filing,

publishing, and posting proof of claims.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC Secs. 270-5 to 270-10 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-

Secs. 270-5 to 270-10. Repealed. Pub. L. 94-579, title VII, Sec.

703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-

Section 270-5, act Apr. 29, 1950, ch. 137, Sec. 2, 64 Stat. 95,

required filing of notice of location of settlement claims for

public lands in Alaska. Section was formerly classified to section

371a of Title 48, Territories and Insular Possessions.

Section 270-6, act Apr. 29, 1950, ch. 137, Sec. 3, 64 Stat. 95,

set forth effects of failure to file notice of settlement claim.

Section was formerly classified to section 371b of Title 48.

Section 270-7, acts Apr. 29, 1950, ch. 137, Sec. 4, 64 Stat. 95;

July 11, 1956, ch. 571, Sec. 2, 70 Stat. 529, required final or

commutation proof on unsurveyed land as basis for free survey.

Section was formerly classified to section 371c of Title 48.

Section 270-8, acts July 8, 1916, ch. 228, Sec. 1, 39 Stat. 352;

June 28, 1918, ch. 110, 40 Stat. 632, set forth the amount of

homestead entries for every qualified person. Section was formerly

classified to section 373 of Title 48.

Section 270-9, acts July 8, 1916, ch. 228, Sec. 1, 39 Stat. 352;

June 28, 1918, ch. 110, 40 Stat. 632, removed bar of former entry

in any other State or Territory as bar to homestead entry in

Alaska. Section was formerly classified to section 374 of Title 48.

Section 270-10, act July 8, 1916, ch. 228, Sec. 2, as added June

28, 1918, ch. 110, 40 Stat. 633; amended Oct. 28, 1921, ch. 114,

Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946

Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60

Stat. 1100; July 11, 1956, ch. 571, Sec. 1, 70 Stat. 528, set forth

requirements for entry on unsurveyed lands. Section was formerly

classified to section 375 of Title 48.

EFFECTIVE DATE OF REPEAL

Section 703(a) of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC Sec. 270-11 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-

Sec. 270-11. Repealed. Pub. L. 94-579, title VII, Sec. 703(a), Oct.

21, 1976, 90 Stat. 2787

-MISC1-

Section, acts Mar. 8, 1922, ch. 96, Sec. 1, 42 Stat. 415; Aug.

23, 1958, Pub. L. 85-725, Sec. 1, 72 Stat. 730, related to entry on

land containing coal, oil, or gas.

EFFECTIVE DATE OF REPEAL

Section 703(a) of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC Sec. 270-12 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-

Sec. 270-12. Disposal by United States of coal, oil, or gas

deposits reserved to United States; entry, reentry, etc., on

lands for prospecting, mining, and removal

-STATUTE-

The coal, oil, or gas deposits reserved to the United States in

accordance with the act of March 8, 1922 (42 Stat. 415; 43 U.S.C.

270-11 et seq.), as added to by the Act of August 17, 1961 (75

Stat. 384; 43 U.S.C. 270-13), and amended by the Act of October 3,

1962 (76 Stat. 740; 43 U.S.C. 270-13), shall be subject to disposal

by the United States in accordance with the provisions of the laws

applicable to coal, oil, or gas deposits or coal, oil, or gas lands

in Alaska in force at the time of such disposal. Any person

qualified to acquire coal, oil, or gas deposits, or the right to

mine or remove the coal or to drill for and remove the oil or gas

under the laws of the United States shall have the right at all

times to enter upon the lands patented under the Act of March 8,

1922, as amended, and in accordance with the provisions hereof, for

the purpose of prospecting for coal, oil, or gas therein, upon the

approval by the Secretary of the Interior of a bond or undertaking

to be filed with him as security for the payment of all damages to

the crops and improvements on such lands by reason of such

prospecting. Any person who has acquired from the United States the

coal, oil, or gas deposits in any such land, or the right to mine,

drill for, or remove the same, may reenter and occupy so much of

the surface thereof incident to the mining and removal of the coal,

oil, or gas therefrom, and mine and remove the coal or drill for

and remove oil and gas upon payment of the damages caused thereby

to the owner thereof, or upon giving a good and sufficient bond or

undertaking in an action instituted in any competent court to

ascertain and fix said damages: Provided, That the owner under such

limited patent shall have the right to mine the coal for use on the

land for domestic purposes at any time prior to the disposal by the

United States of the coal deposits: Provided further, That nothing

in this Act shall be construed as authorizing the exploration upon

or entry of any coal deposits withdrawn from such exploration and

purchase.

-SOURCE-

(Mar. 8, 1922, ch. 96, Sec. 2, 42 Stat. 416; Pub. L. 85-725, Sec.

2, Aug. 23, 1958, 72 Stat. 730; Pub. L. 94-579, title VII, Sec.

703(c), Oct. 21, 1976, 90 Stat. 2791.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 8, 1922 and this Act, referred to in text, is act

Mar. 8, 1922, ch. 96, 42 Stat. 415, as amended, which is classified

to sections 270-11 to 270-13 of this title. The provisions added by

the act of Aug. 17, 1961, and amended by the act of Oct. 3, 1962

were classified to section 270-13 of this title. Sections 270-11

and 270-13 of this title were repealed by section 703(a) of Pub. L.

94-579. For complete classification of this Act to the Code, see

Tables.

-COD-

CODIFICATION

Section was formerly classified to section 377 of Title 48,

Territories and Insular Possessions.

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-579 substituted provisions relating to disposal

by United States of coal, oil, or gas deposits reserved to the

United States, applicability of statutory provisions to such

disposal, and entry, reentry, etc., on lands for prospecting,

mining, and removal of deposits, for provisions relating to patent

for land entered under section 270-11 of this title, reservation to

the patented land, disposal of reserved coal, oil, or gas deposits,

and entry, reentry, etc., on lands for prospecting, mining, and

removal of deposits.

1958 - Pub. L. 85-725 struck out "And provided further, That

nothing herein contained shall be held or construed to authorize

the entry or disposition, under section 274 of this title, or under

Acts amendatory thereof or supplemental thereto, of withdrawn or

classified coal, oil, or gas lands or of lands valuable for coal,

oil, or gas".

EFFECTIVE DATE OF 1976 AMENDMENT

Section 703(c) of Pub. L. 94-579 provided that the amendment made

by that section is effective on and after tenth anniversary of date

of approval of this Act, Oct. 21, 1976.

SAVINGS PROVISION

Amendment by Pub. L. 94-579 not to be construed as terminating

any valid lease, permit, patent, etc., existing on Oct. 21, 1976,

see section 701 of Pub. L. 94-579, set out as a note under section

1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1613, 1634 of this title.

-End-

-CITE-

43 USC Secs. 270-13 to 270-17 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-

Secs. 270-13 to 270-17. Repealed. Pub. L. 94-579, title VII, Sec.

703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-

Section 270-13, act Mar. 8, 1922, ch. 96, Sec. 3, as added Aug.

17, 1961, Pub. L. 87-147, 75 Stat. 384; amended Oct. 3, 1962, Pub.

L. 87-742, 76 Stat. 740, authorized sale or other disposition of

Alaskan lands containing coal, oil, or gas deposits. Section was

formerly classified to section 377a of Title 48, Territories and

Insular Possessions.

Section 270-14, act July 8, 1916, ch. 228, Sec. 3, formerly Sec.

2, 39 Stat. 352, renumbered June 28, 1918, ch. 110, 40 Stat. 633,

excepted certain lands in Alaska from homestead entry and

settlement. Section was formerly classified to section 378 of Title

48.

Section 270-15, acts Apr. 13, 1926, ch. 121, Sec. 1, 44 Stat.

243; Apr. 29, 1950, ch. 134, Sec. 3, 64 Stat. 93, related to claims

and rectangular system of surveys and departure for local or

topographic conditions.

Section 270-16, acts Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat.

208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; Apr. 13, 1926, ch. 121,

Sec. 2, 44 Stat. 244; 1946 Reorg. Plan No. 3, Sec. 403, eff. July

16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to additional

entries by soldiers.

Section 270-17, act Apr. 13, 1926, ch. 121, Sec. 3, 44 Stat. 244,

related to disposition of deposit of estimated cost of work

incident to survey, and promulgation of rules and regulations.

EFFECTIVE DATE OF REPEAL

Section 703(a) of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD

-HEAD-

SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD

-End-

-CITE-

43 USC Secs. 271 to 284 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD

-HEAD-

Secs. 271 to 284. Repealed. Pub. L. 94-579, title VII, Sec. 702,

Oct. 21, 1976, 90 Stat. 2787

-MISC1-

Section 271, R.S. Sec. 2304; Mar. 1, 1901, ch. 674, 31 Stat. 847,

related to soldiers and sailors entitled to make entry.

Section 272, R.S. Sec. 2305; Mar. 1, 1901, ch. 674, 31 Stat. 847;

Apr. 6, 1922, ch. 122, Sec. 1, 42 Stat. 491, related to deduction

of military and naval service from time required to perfect title,

and rights of widows and children of veterans.

Section 272a, acts Feb. 25, 1919, ch. 37, 40 Stat. 1161; Dec. 28,

1922, ch. 19, 42 Stat. 1067, related to applicability of sections

271 and 272 of this title to military and naval operations on

Mexican border or in World War I.

Section 273, act Apr. 6, 1922, ch. 122, Sec. 1, 42 Stat. 491,

related to veterans receiving compensation for wounds or

disability.

Section 274, R.S. Sec. 2306, related to additional entry by

veteran.

Section 275, act Mar. 3, 1893, ch. 208, 27 Stat. 593; 1946 Reorg.

Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.

1100, related to invalidity of additional entries, and commutation.

Section 276, act Aug. 18, 1894, ch. 301, Sec. 1, 28 Stat. 397,

related to issuance of additional homestead certificates.

Section 277, R.S. Sec. 2309, related to additional entry by

agent.

Section 278, R.S. Sec. 2307; Feb. 25, 1919, ch. 37, 40 Stat.

1161; Sept. 21, 1922, ch. 357, 42 Stat. 990, set forth rights of

veteran's widow to make entry, and rights of children upon her

death.

Section 279, acts Sept. 27, 1944, ch. 421, Sec. 1, 58 Stat. 747;

June 25, 1946, ch. 474, 60 Stat. 308; May 31, 1947, ch. 88, Sec. 1,

61 Stat. 123; June 18, 1954, ch. 306, Sec. 1(a), (b), 68 Stat. 253,

set forth preference rights of entry of World War II or Korean

conflict veterans.

Section 280, acts Sept. 27, 1944, ch. 421, Sec. 2, 58 Stat. 748;

May 31, 1947, ch. 88, Sec. 2, 61 Stat. 123, related to rights of

dependents of World War II or Korean conflict veterans.

Section 281, act Sept. 27, 1944, ch. 421, Sec. 3, 58 Stat. 748,

related to death of World War II or Korean conflict veteran as

affecting patent rights of minor children.

Section 282, acts Sept. 27, 1944, ch. 421, Sec. 4, 58 Stat. 748;

May 31, 1947, ch. 88, Sec. 3, 61 Stat. 124; June 18, 1954, ch. 306,

Sec. 1(c), 68 Stat. 254, related to rights of World War II or

Korean conflict veteran on revocation of withdrawal order.

Section 283, acts Sept. 27, 1944, ch. 421, Sec. 6, formerly Sec.

5, 58 Stat. 748, renumbered Sec. 6, June 3, 1948, ch. 399, 62 Stat.

305, related to promulgation of rules and regulations respecting

preference right of entry of World War II or Korean conflict

veteran.

Section 284, act Sept. 27, 1944, ch. 421, Sec. 5, as added June

3, 1948, ch. 399, 62 Stat. 305, defined "homestead" for purposes of

preference right of entry of World War II or Korean conflict

veteran.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC SUBCHAPTER X - STOCK-RAISING HOMESTEAD 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-

SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 144, 315 of this

title.

-End-

-CITE-

43 USC Secs. 291 to 298 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-

Secs. 291 to 298. Repealed. Pub. L. 94-579, title VII, Sec. 702,

Oct. 21, 1976, 90 Stat. 2787

-MISC1-

Section 291, acts Dec. 29, 1916, ch. 9, Sec. 1, 39 Stat. 862;

Feb. 28, 1931, ch. 328, 46 Stat. 1454; June 9, 1933, ch. 53, 48

Stat. 119, related to entry on unappropriated, unreserved lands,

and lands excepted from entry.

Section 292, acts Dec. 29, 1916, ch. 9, Sec. 2, 39 Stat. 862;

Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; June 6, 1924, ch.

274, 43 Stat. 469; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946

Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60

Stat. 1100, related to designation of lands subject to entry, and

application thereof.

Section 293, acts Dec. 29, 1916, ch. 9, Sec. 3, 39 Stat. 863;

Oct. 25, 1918, ch. 195, 40 Stat. 1016, related to persons entitled

to make entries and effect of entries.

Section 294, acts Dec. 29, 1916, ch. 9, Sec. 4, 39 Stat. 863;

Sept. 29, 1919, ch. 63, 41 Stat. 287, related to additional entries

and amount of entry.

Section 295, acts Dec. 29, 1916, ch. 9, Sec. 5, 39 Stat. 863;

Sept. 29, 1919, ch. 63, 41 Stat. 287, related to persons entitled

to make additional entries.

Section 296, act Dec. 29, 1916, ch. 9, Sec. 6, 39 Stat. 863,

related to heads of families, etc., and relinquishment or

reconveyance of land.

Section 297, act Dec. 29, 1916, ch. 9, Sec. 7, 39 Stat. 864,

related to applicability of commutation provisions to entries.

Section 298, act Dec. 29, 1916, ch. 9, Sec. 8, 39 Stat. 864, set

forth provisions relating to additional entries and preferential

rights.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC Sec. 299 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-

Sec. 299. Reservation of coal and mineral rights

-STATUTE-

(a) General provisions

All entries made and patents issued under the provisions of this

subchapter shall be subject to and contain a reservation to the

United States of all the coal and other minerals in the lands so

entered and patented, together with the right to prospect for,

mine, and remove the same. The coal and other mineral deposits in

such lands shall be subject to disposal by the United States in

accordance with the provisions of the coal and mineral land laws in

force at the time of such disposal. Any person qualified to locate

and enter the coal or other mineral deposits, or having the right

to mine and remove the same under the laws of the United States,

shall have the right at all times to enter upon the lands entered

or patented, as provided by this subchapter, for the purpose of

prospecting for coal or other mineral therein, provided he shall

not injure, damage, or destroy the permanent improvements of the

entryman or patentee, and shall be liable to and shall compensate

the entryman or patentee for all damages to the crops on such lands

by reason of such prospecting. Any person who has acquired from the

United States the coal or other mineral deposits in any such land,

or the right to mine and remove the same, may reenter and occupy so

much of the surface thereof as may be required for all purposes

reasonably incident to the mining or removal of the coal or other

minerals, first, upon securing the written consent or waiver of the

homestead entryman or patentee; second, upon payment of the damages

to crops or other tangible improvements to the owner thereof, where

agreement may be had as to the amount thereof; or, third, in lieu

of either of the foregoing provisions, upon the execution of a good

and sufficient bond or undertaking to the United States for the use

and benefit of the entryman or owner of the land, to secure the

payment of such damages to the crops or tangible improvements of

the entryman or owner, as may be determined and fixed in an action

brought upon the bond or undertaking in a court of competent

jurisdiction against the principal and sureties thereon, such bond

or undertaking to be in form and in accordance with rules and

regulations prescribed by the Secretary of the Interior and to be

filed with and approved by the officer designated by the Secretary

of the Interior of the local land office of the district wherein

the land is situate, subject to appeal to the Secretary of the

Interior or such officer as he may designate: Provided, That all

patents issued for the coal or other mineral deposits herein

reserved shall contain appropriate notations declaring them to be

subject to the provisions of this subchapter with reference to the

disposition, occupancy, and use of the land as permitted to an

entryman under this subchapter.

(b) Exploration; location of mining claims; notices

(1) In general

(A) Notwithstanding subsection (a) of this section and any

other provision of law to the contrary, after the effective date

of this subsection no person other than the surface owner may

enter lands subject to this subchapter to explore for, or to

locate, a mining claim on such lands without -

(i) filing a notice of intention to locate a mining claim

pursuant to paragraph (2); and

(ii) providing notice to the surface owner pursuant to

paragraph (3).

(B) Any person who has complied with the requirements referred

to in subparagraph (A) may, during the authorized exploration

period, in order to locate a mining claim, enter lands subject to

this subchapter to undertake mineral activities related to

exploration that cause no more than a minimal disturbance of

surface resources and do not involve the use of mechanized

earthmoving equipment, explosives, the construction of roads,

drill pads, or the use of toxic or hazardous materials.

subparagraph (B) shall begin 30 days after notice is provided

under paragraph (3) with respect to lands subject to such notice

and shall end with the expiration of the 90-day period referred

to in paragraph (2)(A) or any extension provided under paragraph

(2).

(2) Notice of intention to locate a mining claim

Any person seeking to locate a mining claim on lands subject to

this subchapter in order to engage in the mineral activities

relating to exploration referred to under paragraph (1)(B) shall

file with the Secretary of the Interior a notice of intention to

locate a claim on the lands concerned. The notice shall be in

such form as the Secretary shall prescribe. The notice shall

contain the name and mailing address of the person filing the

notice and a legal description of the lands to which the notice

applies. The legal description shall be based on the public land

survey or on such other description as is sufficient to permit

the Secretary to record the notice on the land status records of

the Secretary. Whenever any person has filed a notice under this

paragraph with respect to any lands, during the 90-day period

following the date of such filing, or any extension thereof

pursuant to this paragraph, no other person (including the

surface owner) may -

(A) file such a notice with respect to any portions of such

lands;

(B) explore for minerals or locate a mining claim on any

portion of such lands; or

portion of such lands pursuant to section 1719 of this title.

If, within such 90-day period, the person who filed a notice

under this paragraph files a plan of operations with the

Secretary pursuant to subsection (f) of this section, such 90-day

period shall be extended until the approval or disapproval of the

plan by the Secretary pursuant to subsection (f) of this section.

(3) Notice to surface owner

Any person who has filed a notice of intention to locate a

mining claim under paragraph (2) for any lands subject to this

subchapter shall provide written notice of such filing, by

registered or certified mail with return receipt, to the surface

owner (as evidenced by local tax records) of the lands covered by

the notice under paragraph (2). The notice shall be provided at

least 30 days before entering such lands and shall contain each

of the following:

(A) A brief description of the proposed mineral activities.

(B) A map and legal description of the lands to be subject to

mineral exploration.

such activities.

(D) A statement of the dates on which such activities will

take place.

(4) Acreage limitations

The total acreage covered at any time by notices of intention

to locate a mining claim under paragraph (2) filed by any person

and by affiliates of such person may not exceed 6,400 acres of

lands subject to this subchapter in any one State and 1,280 acres

of such lands for a single surface owner. For purposes of this

paragraph, the term "affiliate" means, with respect to any

person, any other person which controls, is controlled by, or is

under common control with, such person.

Notwithstanding subsection (a) of this section and any other

provision of law, after the effective date of this subsection no

person may engage in the conduct of mineral activities (other than

those relating to exploration referred to in subsection (b)(1)B)

(!1) of this section) on a mining claim located on lands subject to

this subchapter without the written consent of the surface owner

thereof unless the Secretary has authorized the conduct of such

activities under subsection (d) of this section.

(d) Authorized mineral activities

The Secretary shall authorize a person to conduct mineral

activities (other than those relating to exploration referred to in

subsection (b)(1)(B) of this section) on lands subject to this

subchapter without the consent of the surface owner thereof if such

person complies with the requirements of subsections (e) and (f) of

this section.

(e) Bond

(1) Before the Secretary may authorize any person to conduct

mineral activities the Secretary shall require such person to post

a bond or other financial guarantee in an amount to insure the

completion of reclamation pursuant to this subchapter. Such bond or

other financial guarantee shall ensure -

(A) payment to the surface owner, after the completion of such

mineral activities and reclamation, compensation for any

permanent damages to crops and tangible improvements of the

surface owner that resulted from mineral activities; and

(B) payment to the surface owner of compensation for any

permanent loss of income of the surface owner due to loss or

impairment of grazing, or other uses of the land by the surface

owner to the extent that reclamation required by the plan of

operations would not permit such uses to continue at the level

existing prior to the commencement of mineral activities.

(2) In determining the bond amount to cover permanent loss of

income under paragraph (1)(B), the Secretary shall consider, where

appropriate, the potential loss of value due to the estimated

permanent reduction in utilization of the land.

(f) Plan of operations

(1) Before the Secretary may authorize any person to conduct

mineral activities on lands subject to this subchapter, the

Secretary shall require such person to submit a plan of operations.

Such plan shall include procedures for -

(A) the minimization of damages to crops and tangible

improvements of the surface owner;

(B) the minimization of disruption to grazing or other uses of

the land by the surface owner; and

activities equivalent to the loss of income to the ranch

operation as established pursuant to subsection (g) of this

section.

(2) The Secretary shall provide a copy of the proposed plan of

operations to the surface owner at least 45 days prior to the date

the Secretary makes a determination as to whether such plan

complies with the requirements of this subsection. During such

45-day period the surface owner may submit comments and recommend

modifications to the proposed plan of operations to the Secretary.

(3)(A) The Secretary shall, within 60 days of receipt of the

plan, approve the plan of operations if it complies with the

requirements of this subchapter, including each of the following:

(i) The proposed plan of operations is complete and accurate.

(ii) The person submitting the proposed plan of operations has

demonstrated that all other applicable Federal and State

requirements have been met.

(B) The Secretary shall notify the person submitting a plan of

operations of any modifications to such plan required to bring it

into compliance with the requirements of this subchapter. If the

person submitting the plan agrees to modify such plan in a manner

acceptable to the Secretary, the Secretary shall approve the plan

as modified. In the event no agreement can be reached on the

modifications to the plan which, in the opinion of the Secretary,

will bring such plan into compliance with the requirements of this

subchapter, then the Secretary shall disapprove the plan and notify

both the surface owner and the person submitting the plan of the

decision.

extended by the Secretary where additional time is required to

comply with other applicable requirements of law.

(D) The Secretary shall suspend or revoke a plan of operation

whenever the Secretary determines, on the Secretary's own motion or

on a motion made by the surface owner, that the person conducting

mineral activities is in substantial noncompliance with the terms

and conditions of an approved plan of operations and has failed to

remedy a violation after notice from the Secretary within the time

required by the Secretary.

(4) Final approval of a plan of operations under this subsection

shall be conditioned upon compliance with subsections (e) and (g)

of this section.

(g) Fee

The fee referred to in subsection (f)(1) of this section shall be

(1) paid to the surface owner by the person submitting the plan

of operations;

(2) paid in advance of any mineral activities or at such other

time or times as may be agreed to by the surface owner and the

person conducting such activities; and

(3) established by the Secretary taking into account the

acreage involved and the degree of potential disruption to

existing surface uses during mineral activities (including the

loss of income to the surface owner and such surface owner's

operations due to the loss or impairment of existing surface uses

for the duration of the mineral activities), except that such fee

shall not exceed the fair market value for the surface of the

land.

(h) Reclamation

Lands affected by mineral activities under a plan of operations

approved pursuant to subsection (f)(3) of this section shall be

reclaimed, to the maximum extent practicable, to a condition

capable of supporting the uses to which such lands were capable of

supporting prior to surface disturbance. Reclamation shall proceed

as contemporaneously as practicable with the conduct of mineral

activities.

(i) State law

(1) Nothing in this subchapter shall be construed as affecting

any reclamation, bonding, inspection, enforcement, air or water

quality standard or requirement of any State law or regulation

which may be applicable to mineral activities on lands subject to

this subchapter to the extent that such law or regulation is not

inconsistent with this title.(!2)

(2) Nothing in this subchapter shall be construed as affecting in

any way the right of any person to enforce or protect, under

applicable law, the interest of such person in water resources

affected by mineral activities.

(j) Inspections

Should any surface owner of land subject to this subchapter have

reason to believe that they are or may be adversely affected by

mineral activities due to any violation of the terms and conditions

of a plan of operations approved under subsection (f) of this

section, such surface owner may request an inspection of such

lands. The Secretary shall determine within 10 days of the receipt

of the request whether the request states a reason to believe that

a violation exists, except in the event the surface owner alleges

and provides reason to believe that an imminent danger exists, the

10-day period shall be waived and the inspection conducted

immediately. When an inspection is conducted under this paragraph,

the Secretary shall notify the surface owner and such surface owner

shall be allowed to accompany the inspector on the inspection.

(k) Damages for failure to comply

(1) Whenever the surface owner of any land subject to this

subchapter has suffered any permanent damages to crops or tangible

improvements of the surface owner, or any permanent loss of income

due to loss or impairment of grazing, or other uses of the land by

the surface owner, if such damages or loss result from -

(A) any mineral activity undertaken without the consent of the

surface owner under subsection (c) of this section or an

authorization by the Secretary under subsection (d) of this

section; or

(B) the failure of the person conducting mineral activities to

remedy to the satisfaction of the Secretary any substantial

noncompliance with the terms and conditions of a plan under

subsection (f) of this section;

the surface owner may bring an action in the appropriate United

States district court for, and the court may award, double damages

plus costs for willful misconduct or gross negligence.

(2) The surface owner of any land subject to this subchapter may

also bring an action in the appropriate United States district

court for double damages plus costs for willful misconduct or gross

negligence against any person undertaking any mineral activities on

lands subject to this subchapter in violation of any requirement of

subsection (b) of this section.

(3) Any double damages plus costs awarded by the court under this

subsection shall be reduced by the amount of any compensation which

the surface owner has received (or is eligible to receive) pursuant

to the bond or financial guarantee required under subsection (e) of

this section.

(l) Payment of financial guarantee

The surface owner of any land subject to this subchapter may

petition the Secretary for payment of all or any portion of a bond

or other financial guarantee required under subsection (e) of this

section as compensation for any permanent damages to crops and

tangible improvements of the surface owner, or any permanent loss

of income due to loss or impairment of grazing, or other uses of

the land by the surface owner. Pursuant to such a petition, the

Secretary may use such bond or other guarantee to provide

compensation to the surface owner for such damages and to insure

the required reclamation.

(m) Bond release

The Secretary shall release the bond or other financial guarantee

required under subsection (e) of this section upon the successful

completion of all requirements pursuant to a plan of operations

approved under subsection (f) of this section.

(n) Conveyance to surface owner

The Secretary shall take such actions as may be necessary to

simplify the procedures which must be complied with by surface

owners of lands subject to this subchapter who apply to the

Secretary to obtain title to interests in such lands owned by the

United States.

(o) Definitions

For the purposes of subsections (b) through (n) of this section -

(1) The term "mineral activities" means any activity for,

related to or incidental to mineral exploration, mining, and

beneficiation activities for any locatable mineral on a mining

claim. When used with respect to this term -

(A) the term "exploration" means those techniques employed to

locate the presence of a locatable mineral deposit and to

establish its nature, position, size, shape, grade and value;

(B) the term "mining" means the processes employed for the

extraction of a locatable mineral from the earth; and

of locatable mineral ore and such processes are employed to

free the mineral from the other constituents, including but not

necessarily limited to, physical and chemical separation

techniques.

(2) The term "mining claim" means a claim located under the

general mining laws of the United States (which generally

comprise 30 U.S.C. chapters 2, 12A, and 16, and sections 161 and

162) subject to the terms and conditions of subsections (b)

through (p) of this section.

(3) The term "tangible improvements" includes agricultural,

residential and commercial improvements, including improvements

made by residential subdividers.

(p) Minerals covered

Subsections (b) through (o) of this section apply only to

minerals not subject to disposition under -

(1) the Mineral Leasing Act (30 U.S.C. 181 and following);

(2) the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.];

(3) the Act of July 31, 1947, commonly known as the Materials

Act of 1947 (30 U.S.C. 601 and following).

-SOURCE-

(Dec. 29, 1916, ch. 9, Sec. 9, 39 Stat. 864; Oct. 28, 1921, ch.

114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;

1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,

60 Stat. 1100; Pub. L. 103-23, Sec. 1(a), (b), Apr. 16, 1993, 107

Stat. 60, 65.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this subsection, referred to in subsecs.

(b)(1)(A) and (c), is the date 180 days after Apr. 16, 1993.

This title, referred to in subsec. (i)(1), is unidentifiable

because act Dec. 29, 1916, does not contain titles.

The Mineral Leasing Act, referred to in subsec. (p)(1), is act

Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which is

classified generally to chapter 3A (Sec. 181 et seq.) of Title 30,

Mineral Lands and Mining. For complete classification of this Act

to the Code, see Short Title note set out under section 181 of

Title 30 and Tables.

The Geothermal Steam Act of 1970, referred to in subsec. (p)(2),

is Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, as amended, which

is classified principally to chapter 23 (Sec. 1001 et seq.) of

Title 30. For complete classification of this Act to the Code, see

Short Title note set out under section 1001 of Title 30 and Tables.

The Materials Act of 1947, referred to in subsec. (p)(3), is act

July 31, 1947, ch. 406, 61 Stat. 681, as amended, which is

classified generally to subchapter I (Sec. 601 et seq.) of chapter

15 of Title 30. For complete classification of this Act to the

Code, see Short Title note set out under section 601 of Title 30

and Tables.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-23 designated existing provisions as subsec.

(a), inserted heading, and added subsecs. (b) to (p).

EFFECTIVE DATE OF 1993 AMENDMENT

Section 1(c) of Pub. L. 103-23 provided that: "The amendments

made by this Act [amending this section] shall take effect 180 days

after the date of enactment [Apr. 16, 1993]."

REGULATIONS

Section 1(d) of Pub. L. 103-23 provided that: "The Secretary of

the Interior shall issue final regulations to implement the

amendments made by this Act [amending this section] not later than

the effective date of this Act [see Effective Date of 1993

Amendment note above]. Failure to promulgate these regulations by

reason of any appeal or judicial review shall not delay the

effective date as specified in paragraph (c)."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

Words "officer designated by the Secretary of the Interior"

substituted for "register" and "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. See note set out under section 1 of this title.

Act Mar. 3, 1925, abolished office of surveyor general and

transferred administration of all activities in charge of surveyors

general to Field Surveying Service under jurisdiction of United

States Supervisor of Surveys.

-MISC2-

REPORT TO CONGRESS ON FOREIGN MINERAL INTERESTS

Section 2 of Pub. L. 103-23 directed Secretary of the Interior to

submit report to Congress within 2 years after Apr. 16, 1993, on

acquisition of mineral interests made after such date by foreign

firms on lands subject to this section.

-FOOTNOTE-

(!1) So in original. Probably should be subsection "(b)(1)(B)".

(!2) See References in Text note below.

-End-

-CITE-

43 USC Sec. 300 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-

Sec. 300. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.

21, 1976, 90 Stat. 2792

-MISC1-

Section, acts Dec. 29, 1916, ch. 9, Sec. 10, 39 Stat. 865; Jan.

29, 1929, ch. 114, 45 Stat. 1144, set forth provisions authorizing

reservation of land containing water holes.

EFFECTIVE DATE OF REPEAL

Section 704(a) of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC Sec. 301 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-

Sec. 301. Rules and regulations

-STATUTE-

The Secretary of the Interior is authorized to make all necessary

rules and regulations in harmony with the provisions and purposes

of this subchapter for the purpose of carrying the same into

effect.

-SOURCE-

(Dec. 29, 1916, ch. 9, Sec. 11, 39 Stat. 865.)

-End-

-CITE-

43 USC Sec. 302 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 7 - HOMESTEADS

SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-

Sec. 302. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,

1976, 90 Stat. 2787

-MISC1-

Section, act Mar. 4, 1923, ch. 245, Sec. 2, 42 Stat. 1445,

related to additional entries, and lands in national forests.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976, except such

effective date to be on and after tenth anniversary of date of

approval of this Act, Oct. 21, 1976, insofar as homestead laws

apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

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Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos)Legislación federal estadounidense # Public lands

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