[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: 43CFR2523.1]



[Page 119]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 2520_DESERT-LAND ENTRIES--Table of Contents

 

                          Subpart 2523_Payments

 

Sec.  2523.1  Collection of purchase money and fees; issuance of final certificate.





    (a) At the time of making final proof the claimant must pay to the 

authorizing officer the sum of $1 per acre for each acre of land upon 

which proof is made. This, together with the 25 cents per acre paid at 

the time of making the original entry, will amount to $1.25 per acre, 

which is the price to be paid for all lands entered under the desert 

land law.

    (b) If the entryman is dead and proof is made by anyone for the 

heirs, no will being suggested in the record, the final certificate 

should issue to the heirs generally, without naming them; if by anyone 

for the heirs or devisees, final certificate should issue in like manner 

to the heirs or devisees.

    (c) When final proof is made on an entry made prior to the Act of 

March 28, 1908 (35 Stat. 52; 43 U.S.C. 324, 326, 333), for unsurveyed 

land, if the land is still unsurveyed and such proof is satisfactory, 

the authorizing officer will approve same without collecting the final 

payment of $1 an acre and without issuing final certificate. Fees for 

reducing the final-proof testimony to writing should be collected and 

receipt issued therefor if the proof is taken before the authorizing 

officer. As soon as the plat or plats of any township or townships 

previously unsurveyed are filed in the proper office the authorizing 

office will examine his records for the purpose of determining, if 

possible, whether or not, prior to the passage of the Act of March 28, 

1908, any desert-land entry of unsurveyed land was allowed in the 

locality covered by the said plats; and if any such entries are found 

intact, he will call upon the claimants thereof to file a statement of 

adjustment, corroborated by two witnesses, giving the correct 

description, in accordance with the survey of the lands embraced in 

their respective entries.

    (d) If the final proof has been made upon any desert-land entry so 

adjusted and the records show that such proof has been found 

satisfactory and no conflicts or other objections are apparent, the 

manager will allow claimant 60 days within which to make final payment 

for the land.



[35 FR 9588, June 13, 1970]