[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: 43CFR2613.2]



[Page 165]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2610_CAREY ACT GRANTS--Table of Contents

 

             Subpart 2613_Preference Right Upon Restoration

 

Sec.  2613.2  Applications.



    (a) Applications for preference rights under the Act of February 14, 

1920, shall be filed within 90 days of the publication of the 

restoration order.

    (b) Applications shall be on a form approved by the Director and 

shall set forth sufficient facts to show that the applicant is qualified 

under the act and these regulations. The application must be subscribed 

and sworn to before a notary public.

    (c) Persons qualified. The Act of February 14, 1920, applies only to 

cases of entries in good faith in compliance with the requirements of 

State law, with a view to reclaiming the land and procuring title 

pursuant to the provisions of the Carey Act; the act does not apply to 

cases where persons have settled on or improved the segregated land, 

either with the approval of the State authorities or otherwise, not 

pursuant to State law or not in anticipation of reclaiming the lands and 

procuring title under the Carey Act but in anticipation of initiating 

some kind of a claim to the land on its restoration because of failure 

of the project or cancellation of the segregation.

    (d) Persons not qualified. The Act of February 14, 1920, does not 

apply to cases where the applicant's entry has been canceled by the 

State or forfeited for failure to perfect the entry according to State 

law, unless the failure is the result of conditions which culminated in 

the elimination of the lands from the project if the State has allowed a 

subsequent entry for the same lands, this shall be conclusive evidence 

that the default was the fault of the State entryman whose entry was 

forfeited or canceled.