50 U.S.C. § 3993 — Desert-land entries

Page 1009 TITLE 50—WAR AND NATIONAL DEFENSE § 3993 (c) Redemption When property described in subsection (a) is sold or forfeited to enforce the collection of a tax or assessment, a servicemember shall have the right to redeem or commence an action to redeem the servicemember’s property during the period of military service or within 180 days after termination of or release from military service. This subsection may not be construed to shorten any period provided by the law of a State (including any political subdivision of a State) for redemption. (d) Interest on tax or assessment Whenever a servicemember does not pay a tax or assessment on property described in sub- section (a) when due, the amount of the tax or assessment due and unpaid shall bear interest until paid at the rate of 6 percent per year. An additional penalty or interest shall not be in- curred by reason of nonpayment. A lien for such unpaid tax or assessment may include interest under this subsection. (e) Joint ownership application This section applies to all forms of property described in subsection (a) owned individually by a servicemember or jointly by a servicemember and a dependent or dependents. (Oct. 17, 1940, ch. 888, title V, § 501, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2854.) Editorial Notes CODIFICATION Section was formerly classified to section 561 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 501 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1187, related to rights in public lands and graz- ing lands, prior to the general amendment of this Act by Pub. L. 108–189. See section 3992 of this title. Provisions similar to this section were contained in section 500 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1186; Oct. 6, 1942, ch. 581, § 14, 56 Stat. 776, prior to the general amendment of this Act by Pub. L. 108–189. 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. § 3992. Rights in public lands (a) Rights not forfeited The rights of a servicemember to lands owned or controlled by the United States, and initiated or acquired by the servicemember under the laws of the United States (including the mining and mineral leasing laws) before military serv- ice, shall not be forfeited or prejudiced as a re- sult of being absent from the land, or by failing to begin or complete any work or improvements to the land, during the period of military serv- ice. (b) Temporary suspension of permits or licenses If a permittee or licensee under the Act of June 28, 1934 (43 U.S.C. 315 et seq.), enters mili- tary service, the permittee or licensee may sus- pend the permit or license for the period of mili- tary service and for 180 days after termination of or release from military service. (c) Regulations Regulations prescribed by the Secretary of the Interior shall provide for such suspension of per- mits and licenses and for the remission, reduc- tion, or refund of grazing fees during the period of such suspension. (Oct. 17, 1940, ch. 888, title V, § 502, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2855.) Editorial Notes REFERENCES IN TEXT Act of June 28, 1934, referred to in subsec. (b), is act June 28, 1934, ch. 865, 48 Stat. 1269, popularly known as the Taylor Grazing Act, which is classified principally to subchapter I (§ 315 et seq.) of chapter 8A of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 315 of Title 43 and Tables. CODIFICATION Section was formerly classified to section 562 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 502 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1187, related to homestead entries and settle- ment claims, prior to the general amendment of this Act by Pub. L. 108–189. 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. § 3993. Desert-land entries (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 inter- est 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 termi- nation 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 claim- ant 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 dis- charged and is unable to accomplish reclama- tion of, and payment for, desert land due to a disability incurred in the line of duty, the 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 incurred in the line of duty. (b) Requirements The provisions in section 28 of title 30 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 regu- larly located and recorded shall not be subject to forfeiture for nonperformance of annual as- sessments 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 sec- tion, the claimant of a mining location shall, be- fore 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. (Oct. 17, 1940, ch. 888, title V, § 504, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2856.) Editorial Notes CODIFICATION Section was formerly classified to section 564 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 504 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1187; Pub. L. 102–12, § 9(19), Mar. 18, 1991, 105 Stat. 40, related to desert-land entries and the suspen- sion of requirements, prior to the general amendment of this Act by Pub. L. 108–189. See section 3993 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. § 3995. Mineral permits and leases (a) Suspension during military service A person holding a permit or lease on the pub- lic domain under the Federal mineral leasing laws who enters military service may suspend all operations under the permit or lease for the duration of military service and for 180 days thereafter. The term of the permit or lease shall not run during the period of suspension, nor shall any rental or royalties be charged against the permit or lease during the period of suspen- sion. (b) Notification In order to obtain the protection of this sec- tion, the permittee or lessee shall, within 180 days after entry into military service, notify the Secretary of the Interior by registered mail of the fact that military service has begun and of the desire to hold the claim under this section. (c) Contract modification This section shall not be construed to super- sede the terms of any contract for operation of a permit or lease. (Oct. 17, 1940, ch. 888, title V, § 505, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2857.) Editorial Notes CODIFICATION Section was formerly classified to section 565 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 505 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1188; Pub. L. 102–12, § 9(20), Mar. 18, 1991, 105 Stat. 41, related to mining claims and the suspension of requirements, prior to the general amendment of this Act by Pub. L. 108–189. See section 3994 of this title.