50 U.S.C. § 3992 — Rights in public lands

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