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43 U.S.C. § 315f — Homestead entry within district or withdrawn lands; classification; preferences
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior is authorized, in his discretion, to examine and classify any lands withdrawn or reserved by Executive order of November 26, 1934 (numbered 6910), and amendments thereto, and Executive order of February 5, 1935 (numbered 6964), or within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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section181&num=0&edition=prelim) et seq.], may be made upon such withdrawn and reserved areas without regard to classification and without restrictions or limitation by any provision of this subchapter.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
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Source file: Laws/federal/codes/united-states-code/title-43/section-315f-homestead-entry-within-district-or-withdrawn-lands-classification-prefer--11539b5bf9.md
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Source location: Title 43, Chapter 8A, § 315f; chapter-8a-grazing-lands.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section181&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
Deposits of coal, phosphate, sodium, potassium, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), or gas, and lands containing such deposits owned by the United States, including those in national forests, but excluding lands acquired under the Appalachian Forest Act, approved March 1, 1911 (36 Stat. 961), and those in incorporated cities, towns, and villages and in national parks and monuments, those acquired under other Acts subsequent to February 25, 1920, and lands within the naval petroleum and oil-shale reserves, except as hereinafter provided, shall be subject to disposition in the form and manner provided by this chapter to citizens of the United States, or to associations of such citizens, or to any corporation organized under the laws of the United States, or of any State or Territory thereof, or in the case of coal, oil, oil shale, or gas, to municipalities. Citizens of another country, the laws, customs, or regulations of which deny similar or like privileges to citizens or corporations of this country, shall not by stock ownership, stock holding, or stock control, own any interest in any lease acquired under the provisions of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 181
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If the Secretary of the Interior determines that conveyance of an interest under [section 701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section701&num=0&edition=prelim) is otherwise justified but the consent required by [section 703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section703&num=0&edition=prelim) is not given, he may, in accordance with such procedural rules and regulations as he may prescribe, grant the applicant a right to purchase, for residential use, an interest in another tract of land, five acres or less in area, from tracts made available by him for sale under this chapter (1) from the unappropriated and unreserved lands of the United States, or (2) from lands subject to classification under [section 315f of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315f&num=0&edition=prelim). Said right shall not be granted until arrangements satisfactory to the Secretary have been made for termination of the applicant’s occupancy of his unpatented mining claim and for settlement of any liability for the unauthorized use thereof which may have been incurred and shall expire five years from the date on which it was granted unless sooner exercised. The amount to be paid for the interest shall be determined in accordance with [section 705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section705&num=0&edition=prelim).
**(b)** Any conveyance of less than a fee made under this chapter shall include provision for removal from the tract of any improvements or other property of the applicant at the close of the period for which the conveyance is made, or if it be an interest terminating on the death of th
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Federal law — U.S. Code and appendices · legal_authorities
Unreserved public lands of the United States exclusive of Alaska which have been withdrawn or classified as coal lands, or are valuable for coal, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert-land law, to selection under [section 641 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section641&num=0&edition=prelim), and to withdrawal under the Act approved June seventeenth, nineteen hundred and two, known as the Reclamation Act, whenever such entry, selection, or withdrawal shall be made with a view of obtaining or passing title, with a reservation to the United States of the coal in such lands and of the right to prospect for, mine, and remove the same. But all homestead entries made hereunder shall be subject to the conditions, as to residence and cultivation, of entries under [section 218 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section218&num=0&edition=prelim). Those who have initiated nonmineral entries, selections, or locations in good faith, prior to June 22, 1910, on lands withdrawn or classified as coal lands may perfect the same under the provisions of the laws under which said entries were made, but shall receive the limited patent provided for in sections 83 to 85 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 83
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Federal law — U.S. Code and appendices · legal_authorities
Page 35
TITLE 30—MINERAL LANDS AND MINING
§ 181
Sec.
SUBCHAPTER V—OIL SHALE
241.
Leases of lands.
242.
Oil shale claims.
SUBCHAPTER VI—ALASKA OIL PROVISO
251.
Leases to claimants of withdrawn lands;
terms and conditions; acreage; annual rent-
als and royalties; fraud of claimants.
SUBCHAPTER VII—SODIUM
261.
Prospecting permits; lands included; acreage.
262.
Leases to permittees; survey of lands; royal-
ties and annual rentals.
263.
Permits to use or lease of nonmineral lands
for camp sites, and other purposes; annual
rentals; acreage.
SUBCHAPTER VIII—SULPHUR
271.
Prospecting permits; lands included; acreage.
272.
Leases to permittees; privileges extended to
oil and gas permittees.
273.
Lease of lands not covered by permits or
leases; acreage; rental.
274.
Lands containing coal or other minerals.
275.
Laws applicable.
276.
Application of subchapter to Louisiana and
New Mexico only.
SUBCHAPTER IX—POTASH
281.
Prospecting permits for chlorides, sulphates,
carbonates, borates, silicates, or nitrates of
potassium; authorization; acreage; lands af-
fected.
282.
Leases to permittees of lands showing valu-
able deposits; royalty.
283.
Lands containing valuable deposits not cov-
ered by permits or leases; authority to
lease; acreage; conditions; renewals; exemp-
tions from rentals and royalties; suspension
of operations.
284.
Lands containing coal or other minerals in
addition to potassium deposits; issuance of
prospecting permits and leases; covenants
in potassium leases.
285.
Laws applicable.
286.
Disposition of royalties and rents from potas-
sium leases.
287.
Extension of prospecting permits.
SUBCHAPTER I—GENERAL PROVISIONS
§ 181. Lands subject to disposition; persons enti-
tled to benefits; reciprocal privileges; heliu
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 181
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Federal law — U.S. Code and appendices · legal_authorities
Page 56
TITLE 43—PUBLIC LANDS
§ 315c
1 So in original. Probably should be ‘‘scrip’’.
poses which has heretofore vested or accrued
under existing law validly affecting the public
lands or which may be hereafter initiated or ac-
quired and maintained in accordance with such
law. So far as consistent with the purposes and
provisions of this subchapter, grazing privileges
recognized and acknowledged shall be ade-
quately safeguarded, but the creation of a graz-
ing district or the issuance of a permit pursuant
to the provisions of this subchapter shall not
create any right, title, interest, or estate in or
to the lands.
(June 28, 1934, ch. 865, § 3, 48 Stat. 1270; Aug. 6,
1947, ch. 507, § 1, 61 Stat. 790; Pub. L. 94–579, title
IV, § 401(b)(3), Oct. 21, 1976, 90 Stat. 2773.)
Editorial Notes
AMENDMENTS
1976—Pub. L. 94–579 substituted provisions author-
izing fees to be fixed in accordance with governing law,
for provisions authorizing fees to take into account
public benefits to users of grazing districts over and
above benefits accruing to users of forage resources and
provisions requiring fees to consist of a grazing fee and
a range-improvement fee.
1947—Act Aug. 6, 1947, provided for method to be used
by Secretary of the Interior in fixing amount of grazing
fees and by assessing a separate grazing fee and a
range-improvement fee.
Statutory Notes and Related Subsidiaries
SAVINGS PROVISION
Amendment by Pub. L. 94–579 not to be construed as
terminating any valid lease, permit, patent, etc., exist-
ing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set
out as a note under section 1701 of this title.
§ 315c. Fences, wells, reservoirs, and other im-
provements; construction; permits; partition
fences
Fences, wells, reservoirs, and other impro
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 315f
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