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50 U.S.C. § 3995 — Desert-land entries
Federal law — U.S. Code and appendices · legal_authorities
**(a) Desert-land rights not forfeited** A desert-land entry made or held under the desert-land laws before the entrance of the entryman or the entryman’s successor in interest into military service shall not be subject to contest or cancellation—
(1) for failure to expend any required amount per acre per year in improvements upon the claim;
(2) for failure to effect the reclamation of the claim during the period the entryman or the entryman’s successor in interest is in the military service, or for 180 days after termination of or release from military service; or
(3) during any period of hospitalization or rehabilitation due to an injury or disability incurred in the line of duty.
The time within which the entryman or claimant is required to make such expenditures and effect reclamation of the land shall be exclusive of the time periods described in paragraphs (2) and (3).
**(b) Service-related disability** If an entryman or claimant is honorably discharged and is unable to accomplish reclamation of, and payment for, desert land due to a disability incurred in the line of duty, the entryman or claimant may make proof without further reclamation or payments, under regulations prescribed by the Secretary of the Interior, and receive a patent for the land entered or claimed.
**(c) Filing requirement** In order to obtain the protection of this section, the entryman or claimant shall, within 180 days after entry into military service, cause to be filed in the land office of the district where the claim is situated a notice communicating the fact of military service and the desire to hold the claim under this section.
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Stable record: federal_law:legal_authorities:record_usc_2f404d17ced53160e00cb45e
Source file: Laws/federal/codes/united-states-code/title-50/section-3995-desert-land-entries--5cd9f1f62e.md
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Source location: Title 50, Chapter 50, § 3995; chapter-050-servicemembers-civil-relief.md
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**(a) Desert-land rights not forfeited** A desert-land entry made or held under the desert-land laws before the entrance of the entryman or the entryman’s successor in interest into military service shall not be subject to contest or cancellation—
(1) for failure to expend any required amount per acre per year in improvements upon the claim;
(2) for failure to effect the reclamation of the claim during the period the entryman or the entryman’s successor in interest is in the military service, or for 180 days after termination of or release from military service; or
(3) during any period of hospitalization or rehabilitation due to an injury or disability incurred in the line of duty.
The time within which the entryman or claimant is required to make such expenditures and effect reclamation of the land shall be exclusive of the time periods described in paragraphs (2) and (3).
**(b) Service-related disability** If an entryman or claimant is honorably discharged and is unable to accomplish reclamation of, and payment for, desert land due to a disability incurred in the line of duty, the entryman or claimant may make proof without further reclamation or payments, under regulations prescribed by the Secretary of the Interior, and receive a patent for the land entered or claimed.
**(c) Filing requirement** In order to obtain the protection of this section, the entryman or claimant shall, within 180 days after entry into military service, cause to be filed in the land office of the district where the claim is situated a notice communicating the fact of military service and the desire to hold the claim under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements suspended** The provisions of [section 28 of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28&num=0&edition=prelim) specified in subsection (b) shall not apply to a servicemember’s claims or interests in claims, regularly located and recorded, during a period of military service and 180 days thereafter, or during any period of hospitalization or rehabilitation due to injuries or disabilities incurred in the line of duty.
**(b) Requirements** The provisions in [section 28 of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28&num=0&edition=prelim) that shall not apply under subsection (a) are those which require that on each mining claim located after May 10, 1872, and until a patent has been issued for such claim, not less than $100 worth of labor shall be performed or improvements made during each year.
**(c) Period of protection from forfeiture** A mining claim or an interest in a claim owned by a servicemember that has been regularly located and recorded shall not be subject to forfeiture for nonperformance of annual assessments during the period of military service and for 180 days thereafter, or for any period of hospitalization or rehabilitation described in subsection (a).
**(d) Filing requirement** In order to obtain the protections of this section, the claimant of a mining location shall, before the end of the assessment year in which military service is begun or within 60 days after the end of such assessment year, cause to be filed in the office where the location notice or certificate is recorded a notice communicating the fact of military service and the desire to hold the mining claim under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3996
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any person aggrieved by a violation of this chapter may in a civil action—
(1) obtain any appropriate equitable or declaratory relief with respect to the violation;
(2) recover all other appropriate relief, including monetary damages; and
(3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.
**(b) Costs and attorney fees** The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1001&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3998
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Federal law — U.S. Code and appendices · legal_authorities
Page 1010
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3994
entryman or claimant may make proof without
further reclamation or payments, under regula-
tions prescribed by the Secretary of the Inte-
rior, and receive a patent for the land entered or
claimed.
(c) Filing requirement
In order to obtain the protection of this sec-
tion, the entryman or claimant shall, within 180
days after entry into military service, cause to
be filed in the land office of the district where
the claim is situated a notice communicating
the fact of military service and the desire to
hold the claim under this section.
(Oct. 17, 1940, ch. 888, title V, § 503, as added Pub.
L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2856.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 563 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
PRIOR PROVISIONS
A prior section 503 of act Oct. 17, 1940, ch. 888, art. V,
54 Stat. 1187, related to death or incapacity during or
resulting from service as affecting rights and perfec-
tion of rights, prior to the general amendment of this
Act by Pub. L. 108–189. See section 3996 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.
§ 3994. Mining claims
(a) Requirements suspended
The provisions of section 28 of title 30 specified
in
subsection
(b)
shall
not
apply
to
a
servicemember’s claims or interests in claims,
regularly located and recorded, during a period
of military service and 180 days thereafter, or
during any period of hospitalization or rehabili-
tation due to injuries or disabilities incurr
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3995
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.