[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: 43CFR2524.2]



[Page 120]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2520_DESERT-LAND ENTRIES--Table of Contents

 

      Subpart 2524_Desert-Land Entries Within a Reclamation Project

 

Sec.  2524.2  Annual proof.



    (a) Extension of time. Inasmuch as entrymen are allowed 1 year after 

entry in which to submit the first annual proof of expenditures for the 

purpose of improving and reclaiming the land entered by them, the 

privileges of the Act of June 27, 1906, are not necessary in connection 

with annual proofs until the expiration of the years in which such 

proofs are due. Therefore, if at the time that annual proof is due it 

can not be made, on account of hindrance or delay occasioned by a 

withdrawal of the land for the purpose indicated in the act, the 

applicant will file his statement explaining the delay. As a rule, 

however, annual proofs may be made, notwithstanding the withdrawal of 

the land, because expenditures for various kinds of improvements are 

allowed as satisfactory annual proofs. Therefore an extension of time 

for making annual proof will not be granted unless it is made clearly to 

appear that the entryman has been delayed or prevented by the withdrawal 

from making the required improvements; and, unless he has been so 

hindered or prevented from making the required improvements, no 

application for extension of time for making final proof will be granted 

until after all the yearly proofs have been made.

    (b) When application for extension of time should be filed. An 

entryman will not need to invoke the privileges of the Act of June 27, 

1906, in connection with final proof until such final proof is due, and 

if at that time he is unable to make the final proof of reclamation and 

cultivation, as required by law, and such inability is due, directly or 

indirectly, to the withdrawal of the land on account of a reclamation 

project, the statement explaining the hindrance and delay should be 

filed in order that the entryman may be excused for such failure.