[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2521.1]

[Page 112]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2520_DESERT-LAND ENTRIES--Table of Contents
 
                         Subpart 2521_Procedures
 
Sec. 2521.1  Who may make desert-land entry.

    Source: 35 FR 9582, June 13, 1970, unless otherwise noted.


    (a) Citizenship. (1) Any citizen of the United States 21 years of 
age, or any person of that age who has declared his intention of 
becoming a citizen of the United States, and who can truthfully make the 
statements specified in Sec. Sec. 2520.0-8(c) and 2521.2(a) can make a 
desert-land entry. Thus, a woman, whether married or single, who 
possesses the necessary qualifications, can make a desert-land entry, 
and, if married, without taking into consideration any entries her 
husband may have made.
    (2) At the time of making final proof claimants of alien birth must 
have been admitted to citizenship, but evidence of naturalization need 
not be furnished if it has already been filed in connection with the 
original declaration or with the proof of an assignment of the entry.
    (b) Second and additional entries. A person's right of entry under 
the desert-land law is exhausted either by filing an allowable 
application and withdrawing it prior to its allowance or by making an 
entry or by taking an assignment of an entry, in whole or in part, 
except under the conditions described in paragraphs (b)(1) and (2) of 
this section.
    (1) Under the Act of September 5, 1914 (38 Stat. 712; 43 U.S.C. 
182), if a person, otherwise duly qualified to make a desert-land entry, 
has previously filed an allowable application, or made such entry or 
entries and through no fault of his own has lost, forfeited, or 
abandoned the same, such person may make another entry. In such case, 
however, it must be shown that the prior application, entry, or entries 
were made in good faith, and were lost, forfeited, or abandoned because 
of matters beyond the applicant's control, and that the applicant has 
not speculated in his right, nor committed a fraud or attempted fraud in 
connection with such prior entry or entries. As the assignment of an 
entry involves no loss, forfeiture, or abandonment thereof, but carries 
a benefit to the assignor, it is held to exhaust his right of entry 
under the desert-land law. Hence, no person who has assigned such entry, 
in whole or in part, will be permitted to make another entry or to take 
one or any part thereof by assignment except where paragraph (b)(2) of 
this section applies.
    (2) The Act of June 16, 1955 (69 Stat. 138) authorizes any person 
who prior to June 16, 1955, made a valid desert-land entry on lands 
subject to the Acts of June 22, 1910 (36 Stat. 583; 30 U.S.C. 33-85), or 
of July 17, 1914 (38 Stat. 509; 30 U.S.C. 121-123), if otherwise 
qualified to enter as a personal privilege not assignable, an additional 
tract of desert land, providing such additional tract shall not, 
together with the original entry, exceed 320 acres. Applicants and 
entrymen under the Act of June 16, 1955, are subject to, and must comply 
with, all the regulations of this part, including the acreage 
limitations of Sec. 2520.0-8(b).