[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2521.1]



[Page 108]

 

                    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).