50 U.S.C. § 3996: Perfection or defense of…

Summary

A person in the military can still take steps during their service, if allowed by law or rules of the Department of the Interior, to protect, prove, or keep rights they started or had before joining the military. Those rights are not taken away by this part of the law. While serving, they may make sworn statements or give any required proof before an officer who can notarize under section 1044a of title 10 or before a superior commissioned officer. Those sworn statements count as legal and false statements are punishable under section 1001 of title 18.

Title 50, §3996

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(a)Right to take action not affected

This subchapter shall not affect the right of a servicemember to take action during a period of military service that is authorized by law or regulations of the Department of the Interior, for the perfection, defense, or further assertion of rights initiated or acquired before entering military service.

(b)Affidavits and proofs

(1)In general

A servicemember during a period of military service may make any affidavit or submit any proof required by law, practice, or regulation of the Department of the Interior in connection with the entry, perfection, defense, or further assertion of rights initiated or acquired before entering military service before an officer authorized to provide notary services under section 1044a of title 10 or any superior commissioned officer.

(2)Legal status of affidavits

Such affidavits shall be binding in law and subject to the same penalties as prescribed by section 1001 of title 18.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 566 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 506 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1188; Pub. L. 102–12, § 9(21), Mar. 18, 1991, 105 Stat. 41, related to mineral permits and leases and the suspension of operations and term of permits and leases, prior to the general amendment of this Act by Pub. L. 108–189. See section 3995 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.

§3996 Perfection or Defense of Rights