§ 315f. — Homestead entry within district or withdrawn lands; classification; preferences.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC315f]
TITLE 43--PUBLIC LANDS
CHAPTER 8A--GRAZING LANDS
SUBCHAPTER I--GENERALLY
Sec. 315f. Homestead entry within district or withdrawn lands;
classification; preferences
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examine and classify any lands withdrawn or reserved by Executive order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withdrawn and reserved areas without regard to classification and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.
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\1\ So in original. Probably should be ``scrip''.
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(June 28, 1934, ch. 865, Sec. 7, 48 Stat. 1272; June 26, 1936, ch. 842,
title I, Sec. 2, 49 Stat. 1976.)
References in Text
The mining laws, referred to in text, are classified generally to
Title 30, Mineral Lands and Mining.
Act of February 25, 1920, as amended, referred to in text, is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral
Leasing Act, which is classified generally to chapter 3A (Sec. 181 et
seq.) of Title 30. For complete classification of this Act to the Code,
see Short Title note set out under section 181 of Title 30 and Tables.
The public-land laws, referred to in text, are classified generally
to this title.
Amendments
1936--Act June 26, 1936, amended section generally.
Section Referred to in Other Sections
This section is referred to in title 30 section 704.
