[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: 43CFR2522.3]



[Page 118]

 

                    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.