43 U.S.C. § 315f — Homestead entry within district or withdrawn lands; classification; preferences

submitted 92 years ago by ch. 865 to r/title-43-PUBLIC-LANDS · 335 words · no verdicts yet

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The Secretary can reclassify certain withdrawn or grazing-district lands as better suited for farming than grazing. These reclassified lands can then be opened for homestead entry, up to 320 acres. Mining claims can still be filed on these lands regardless of the classification.

The Secretary of the Interior may, at his discretion, examine and reclassify certain lands. This covers lands withdrawn or reserved by two 1934–1935 Executive Orders (numbered 6910 and 6964) and their amendments, as well as lands inside a grazing district. If the Secretary decides such land is better suited for growing farm crops than for native grasses and forage, or is more valuable for some other use than for grazing, or is suitable to satisfy an outstanding lieu, exchange, or scrip right or land grant, he can open it for entry, selection, or location under whatever public-land laws apply — except that a single homestead entry cannot cover more than 320 acres. These lands cannot be settled, occupied, or disposed of until they have been classified and formally opened to entry. However, mining-law claims — including those under the Act of February 25, 1920, as amended — can still be located or entered on these withdrawn or reserved lands no matter how they are classified, and without any limits from this subchapter. If reclassified land lies inside a grazing district, the Secretary must give reasonable notice to whoever holds the grazing permit there. Once someone's entry, selection, or location is approved, that applicant is entitled to possess and use the land. Any qualified applicant can also ask, at the proper local land office, for a specific tract to be classified. If the Secretary approves that application, the applicant gets a preference right to enter, select, or locate that land once it is opened for entry.

the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior is authorized, in his discretion, to examine and classify any lands withdrawn or reserved by Executive order of November 26, 1934 (numbered 6910), and amendments thereto, and Executive order of February 5, 1935 (numbered 6964), or within a grazing district, which are more valuable or suitable for the production of agricultural crops than for the production of native grasses and forage plants, or more valuable or suitable for any other use than for the use provided for under this subchapter or proper for acquisition in satisfaction of any outstanding lieu, exchange or script 1 rights or land grant, and to open such lands to entry, selection, or location for disposal in accordance with such classification under applicable public-land laws, except that homestead entries shall not be allowed for tracts exceeding three hundred and twenty acres in area. Such lands shall not be subject to disposition, settlement, or occupation until after the same have been classified and opened to entry: Provided, That locations and entries under the mining laws including the Act of February 25, 1920, as amended [30 U.S.C. 181 et seq.], may be made upon such withdrawn and reserved areas without regard to classification and without restrictions or limitation by any provision of this subchapter. Where such lands are located within grazing districts reasonable notice shall be given by the Secretary of the Interior to any grazing permittee of such lands. The applicant, after his entry, selection, or location is allowed, shall be entitled to the possession and use of such lands: Provided, That upon the application of any applicant qualified to make entry, selection, or location, under the public-land laws, filed in the land office of the proper district, the Secretary of the Interior shall cause any tract to be classified, and such application, if allowed by the Secretary of the Interior, shall entitle the applicant to a preference right to enter, select, or locate such lands if opened to entry as herein provided.

Source credit: (June 28, 1934, ch. 865, § 7, 48 Stat. 1272; June 26, 1936, ch. 842, title I, § 2, 49 Stat. 1976.)

history & why it existsrecord from the source credit

1934Enacted · Act of June 28, 1934, ch. 865 · 48 Stat. 1272
1936Amended · Act of June 26, 1936, ch. 842 · 49 Stat. 1976

A history note hasn’t been published yet. The record shows enactment by ch. 865 on 1934-06-28.

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