§315f — Title 43 Public Lands | U.S. Code

Summary

The Secretary of the Interior can review and reclassify lands that were set aside by Executive Orders of November 26, 1934 (No. 6910) and February 5, 1935 (No. 6964), or lands inside grazing districts, when those lands are better suited for farming or other uses than for grazing or their original purpose. After reclassification, the Secretary can open those lands for entry, selection, or location under public land laws. Homestead entries cannot be for more than 320 acres, and no one may occupy or settle the land until it is classified and opened. Mining claims under the Act of February 25, 1920, may be made on these withdrawn lands without following the reclassification rules. If the land is in a grazing district, the Secretary must give reasonable notice to any grazing permittee. A qualified person may file an application at the local land office asking the Secretary to classify a tract; if the Secretary allows it, that person gets preference to enter, select, or locate the land and may take possession once allowed.

Title 43, §315f

Public Lands — Source: USLM XML via OLRC

The Secretary of the Interior is authorized, in his discretion, to examine and classify any lands withdrawn or reserved by Executive order of November 26, 1934 (numbered 6910), and amendments thereto, and Executive order of February 5, 1935 (numbered 6964), or within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 11 So in original. Probably should be “scrip”. 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under the mining laws including the Act of February 25, 1920, as amended [30 U.S.C. 181 et seq.], may be made upon such withdrawn and reserved areas without regard to classification and without restrictions or limitation by any provision of this subchapter.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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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 (§ 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.

Amendments

1936—Act June 26, 1936, amended section generally.

§315f Homestead entry within district or withdrawn lands; classification; preferences