§328 Expenditures and Cultivation Requirements

Summary

To receive ownership (a patent) of land under sections 321–323, 325, and 327–329, a person must spend at least $3 for every acre on irrigation, reclamation, farming (using main canals and branch ditches), permanent improvements, or buying water rights. They must spend at least $1 per acre in each of the first three years after claiming the land. Each year they must file with the officer chosen by the Secretary of the Interior sworn statements from two or more reliable witnesses saying the $1 per acre was spent and how it was used, and after year three they must also file a map or plan showing the improvements. If they miss any yearly filing, the land goes back to the United States, the 25-cent advance is forfeited, and the claim is canceled. A claimant may get the patent earlier if they can prove they already spent the full $3 per acre and have cultivated one-eighth of the land.