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43 U.S.C. § 336Further extension in addition to that authorized by sections 333 to 335 of this title

submitted 101 years ago by ch. 329 to r/title-43-PUBLIC-LANDS · 219 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can grant desert-land claimants even more extra time beyond sections 333 to 335. This extension can't exceed three years and requires a sworn affidavit. The claimant must show unavoidable delays in building irrigation works caused the problem, not their own fault.

This law lets the Secretary of the Interior grant desert-land claimants a further extension, on top of any extension already allowed under sections 333 through 335 of this title or other law that existed before February 25, 1925. The extension can be up to three years, and to get it, the claimant (or their assignee) must file a corroborated affidavit — a sworn statement backed up by another witness — with the local land office. That affidavit must satisfy the Secretary that the reason the claimant can't finish proving reclamation and cultivation on time is unavoidable delay in building the irrigation works meant to bring water to the land, and that the delay isn't the claimant's fault. The claimant, their heirs, or a duly qualified assignee must also show that they've complied in good faith with the law's yearly spending requirements and have documented that spending. Finally, following rules the Secretary of the Interior writes, they must show there's a reasonable chance that, if given the extension, they'll actually be able to finish proving reclamation, irrigation, and cultivation as the law requires.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior may, in his discretion, in addition to the extensions authorized by sections 333 to 335 of this title or other law existing prior to February 25, 1925, grant to any entryman under the desert-land laws of the United States a further extension of time of not to exceed three years within which to make final proof: Provided, That such entryman shall, by his corroborated affidavit, filed in the land office of the district where such land is located, show to the satisfaction of the Secretary that because of unavoidable delay in the construction of the irrigation works intended to convey water to the land embraced in his entry, he is, without fault on his part, unable to make proof of the reclamation and cultivation of said lands as required by law within the time limited therefor: And provided further, That the entryman, his heirs, or his duly qualified assignee, has in good faith complied with the requirements of law as to yearly expenditures and proof thereof, and shall show, under rules and regulations to be prescribed by the Secretary of the Interior, that there is a reasonable prospect that if the extension is granted he will be able to make the final proof of reclamation, irrigation, and cultivation required by law.

Source credit: (Feb. 25, 1925, ch. 329, 43 Stat. 982.)

history & why it existsrecord from the source credit
  • 1925Enacted · Act of Feb. 25, 1925, ch. 329 · 43 Stat. 982

A history note hasn’t been published yet. The record shows enactment by ch. 329 on 1925-02-25.

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