[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: 43CFR2522.3]

[Page 122]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2520_DESERT-LAND ENTRIES--Table of Contents
 
           Subpart 2522_Extensions of Time To Make Final Proof
 
Sec. 2522.3  Act of March 28, 1908.

    Under the provisions of the Act of March 28, 1908 (35 Stat. 52; 43 
U.S.C. 333), the period of 4 years may be extended, in the discretion of 
the authorized officer, for an additional period not exceeding 3 years, 
if, by reason of some unavoidable delay in the construction of the 
irrigating works intended to convey water to the land, the entryman is 
unable to make proof of reclamation and cultivation required within the 
4 years. This does not mean that the period within which proof may be 
made will be extended as a matter of course for 3 years. Applications 
for extension under said act will not be granted unless it be clearly 
shown that the failure to reclaim and cultivate the land within the 
regular period of 4 years was due to no fault on the part of the 
entryman but to some unavoidable delay in the construction of the 
irrigation works for which he was not responsible and could not have 
readily foreseen (37 L.D. 332). It must also appear that he has complied 
with the law as to annual expenditures and proof thereof.