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

Summary

The Secretary of the Interior may review lands set aside by Executive Order of November 26, 1934 (No. 6910), Executive Order of February 5, 1935 (No. 6964), or lands inside grazing districts. If the Secretary finds a tract is better for farming or another use than for native grasses or the use it was set aside for, the land can be reclassified and opened for entry, selection, or location under public-land laws. Homestead claims cannot be made on tracts larger than 320 acres. No one may occupy or settle the land until it is classified and opened. Mining claims under the mining laws, including the Act of February 25, 1920, may be made on those withdrawn or reserved areas without waiting for classification or following the other limits here. If someone files a proper application in the local land office, the Secretary must classify the tract; if approved, that applicant gets first right to enter, select, or locate the land when it is opened, and may possess and use it after allowance.

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The Secretary of the Interior is authorized, in his discretion, to examine and classify any lands withdrawn or reserved by Executive order of November 26, 1934 (numbered 6910), and amendments thereto, and Executive order of February 5, 1935 (numbered 6964), or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the mining laws including the Act of February 25, 1920, as amended [30 U.S.C. 181 et seq.], may be made upon such withdrawn and reserved areas without regard to classification and without restrictions or limitation by any provision of this subchapter.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