[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: 43CFR2610.0-5]



[Page 160-161]

 

                    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,



[[Page 161]]



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 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).