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43 U.S.C. § 151Opening of lands restored to entry after withdrawals

submitted 113 years ago by ch. 15 to r/title-43-PUBLIC-LANDS · 108 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the President reopen public lands for settlement after they leave a national forest or a land withdrawal. He can choose how people get access — direct settlement, a drawing, or another fair method. He may also limit early access to homestead and desert-land claims for the first 90 days.

When public land is removed from a national forest, or released from a government "withdrawal" (a hold that had kept the land off-limits), the President may decide to reopen that land for settlement. He does this only when, in his judgment, it is proper or necessary. The President can choose how the land opens: by letting settlers move in directly, by holding a drawing, or by any other method he considers advisable for equal opportunity and good administration. The President can also limit the opening. He may provide that, for a period of up to 90 days, the newly opened land can be claimed only by two kinds of people: actual settlers using the homestead-entry laws, or people using the desert-land laws (a program for claiming dry land by irrigating it). After that period, any land still unclaimed becomes subject to whichever public-land laws normally apply to it.
the actual law source: uscode.house.gov ↗public domain

When public lands are excluded from national forests or released from withdrawals the President may, whenever in his judgment it is proper or necessary, provide for the opening of the lands by settlement in advance of entry, by drawing, or by such other method as he may deem advisable in the interest of equal opportunity and good administration, and in doing so may provide that lands so opened shall be subject only to homestead entry by actual settlers only or to entry under the desert-land laws for a period not exceeding ninety days, the unentered lands to be thereafter subject to disposition under the public-land laws applicable thereto.

Source credit: (Sept. 30, 1913, ch. 15, § 1, 38 Stat. 113.)

history & why it existsrecord from the source credit
  • 1913Enacted · Act of Sept. 30, 1913, ch. 15 · 38 Stat. 113

A history note hasn’t been published yet. The record shows enactment by ch. 15 on 1913-09-30.

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