[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: 43CFR2610.0-5]

[Page 164-165]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2610_CAREY ACT GRANTS--Table of Contents
 
                 Subpart 2610_Carey Act Grants, General
 
Sec. 2610.0-5  Definitions.

    As used in the regulations of this part:
    (a) Actual settler means a person who establishes a primary 
residence on the land.
    (b) Cultivation means tilling or otherwise preparing the land and 
keeping the ground in a state favorable for the growth of ordinary 
agricultural crops, and requires irrigation as an attendant act.
    (c) Desert lands means unreclaimed lands which will not, without 
irrigation, produce any reasonably remunerative agricultural crop by 
usual means or methods of cultivation. This includes lands which will 
not, without irrigation, produce paying crops during a series of years, 
but on which crops can be successfully grown in alternate years by means 
of the so-called dry-farming system. Lands which produce

[[Page 165]]

native grasses sufficient in quantity, if ungrazed by grazing animals, 
to make an ordinary crop of hay in usual seasons, are not desert lands. 
Lands which will produce an agricultural crop of any kind without 
irrigation in amount sufficient to make the cultivation reasonably 
remunerative are not desert. Lands containing sufficient moisture to 
produce a natural growth of trees are not to be classed as desert lands.
    (d) Economic feasibility means the capability of an entry to provide 
an economic return to the settler sufficient to provide a viable farm 
enterprise and assure continued use of the land for farming purposes. 
Factors considered in determining feasibility may include the cost of 
developing or acquiring water, land reclamation costs, land treatment 
costs, the cost of construction or acquisition of a habitable residence, 
acquisition of farm equipment, fencing and other costs associated with a 
farm enterprise, such as water delivery, seed, planting, fertilization, 
harvest, etc.
    (e) Grant contract means the contract between a State and the United 
States which sets the terms and conditions which the State or its 
assignees shall comply with before lands shall be patented.
    (f) Irrigation means the application of water to the land for the 
purpose of growing crops.
    (g) Ordinary agricultural crops means any agricultural product to 
which the land under consideration is generally adapted, and which would 
return a fair reward for the expense of producing them. Ordinary 
agricultural crops do not include forest products, but may include 
orchards and other plants which cannot be grown on the land without 
irrigation and from which a profitable crop may be harvested.
    (h) Reclamation means the establishment of works for conducting 
water in adequate volume and quantity to the land so as to render it 
available for distribution when needed for irrigation and cultivation.
    (i) Segregation means the action under the Act of August 19, 1894 
(39 Stat. 422), as amended (43 U.S.C. 641), by which the lands are 
reserved from the public domain and closed to application or entry under 
the public land laws, including location under the mining laws.
    (j) Smallest legal subdivision means a quarter quarter section (40 
acres).