-CITE-
    43 USC CHAPTER 7 - HOMESTEADS                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS

-HEAD-
                          CHAPTER 7 - HOMESTEADS                      

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    161 to 176. Repealed or Transferred.                              
    177.        Patents for lands in New Mexico held under color of
                 title.                                               
    178.        Patents for lands in New Mexico; lands contiguous to
                 Spanish or Mexican land grants.                      
    179, 180.   Repealed.                                             

         SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY     
    181 to 191. Repealed.                                             

                  SUBCHAPTER III - LANDS SUBJECT TO ENTRY              
    201 to 208. Repealed.                                             
    209.        Extension of public-land laws to certain lands in
                 Oklahoma.                                            
    210.        Recognition of equitable claims on certain lands in
                 Oklahoma; validation of homestead entries.           

    SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED
                                  ENTRIES
    211 to 224. Repealed.                                             

     SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR
                              NONCULTIVATION
    231 to 243a. Repealed.                                            

                   SUBCHAPTER VI - FINAL PROOF GENERALLY               
    251 to 256b. Repealed.                                            

                   SUBCHAPTER VII - PAYMENTS AND REFUNDS               
    261 to 263. Repealed.                                             

                    SUBCHAPTER VIII - ALASKA HOMESTEADS                
    270 to 270-11. Repealed.                                          
    270-12.     Disposal by United States of coal, oil, or gas
                 deposits reserved to United States; entry, reentry,
                 etc., on lands for prospecting, mining, and removal. 
    270-13 to 270-17. Repealed.                                       

             SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD         
    271 to 284. Repealed.                                             

                  SUBCHAPTER X - STOCK-RAISING HOMESTEAD              
    291 to 298. Repealed.                                             
    299.        Reservation of coal and mineral rights.               
                  (a)  General provisions.                            
                  (b)  Exploration; location of mining claims;
                        notices.                                      
                  (c)  Consent.                                       
                  (d)  Authorized mineral activities.                 
                  (e)  Bond.                                          
                  (f)  Plan of operations.                            
                  (g)  Fee.                                           
                  (h)  Reclamation.                                   
                  (i)  State law.                                     
                  (j)  Inspections.                                   
                  (k)  Damages for failure to comply.                 
                  (l)  Payment of financial guarantee.                
                  (m)  Bond release.                                  
                  (n)  Conveyance to surface owner.                   
                  (o)  Definitions.                                   
                  (p)  Minerals covered.                              
    300.        Repealed.                                             
    301.        Rules and regulations.                                
    302.        Repealed.                                             

-End-

-CITE-
    43 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    43 USC Secs. 161 to 164                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Secs. 161 to 164. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 161, R.S. Sec. 2289; Mar. 3, 1891, ch. 561, Sec. 5, 26
    Stat. 1097, related to entry of unappropriated public lands.
      Section 162, R.S. Sec. 2290; Mar. 3, 1891, ch. 561, Sec. 5, 26
    Stat. 1097; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3,
    1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to
    application for entry on public lands, and contents for affidavit
    for application.
      Section 163, R.S. Sec. 2295; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to record
    of application, registration, and return to Bureau of Land
    Management.
      Section 164, R.S. Sec. 2291; June 6, 1912, ch. 153, 37 Stat. 123,
    related to issuance, etc., of certificate or patent for entered
    lands.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 165                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 165. Transferred

-COD-
                               CODIFICATION                           
      Section, act Mar. 3, 1891, ch. 561, Sec. 7, 26 Stat. 1098, which
    related to suspension of entries for correction of clerical errors,
    was transferred to section 1165 of this title.

-End-

-CITE-
    43 USC Secs. 166 to 175                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Secs. 166 to 175. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 166, acts May 14, 1880, ch. 89, Sec. 3, 21 Stat. 141;
    June 6, 1900, ch. 821, 31 Stat. 683; Aug. 9, 1912, ch. 280, 37
    Stat. 267, related to time for settlers to file application and for
    perfection of entry, marriage of entrywoman, and preferential right
    of entry.
      Section 167, acts Apr. 6, 1914, ch. 51, 38 Stat. 312; Mar. 1,
    1921, ch. 90, 41 Stat. 1193, related to marriage of entryman to
    entrywoman.
      Section 168, act Oct. 17, 1914, ch. 325, 38 Stat. 740, related to
    marriage of entrywoman to alien.
      Section 169, R.S. Sec. 2297; Mar. 3, 1881, ch. 153, 21 Stat. 511;
    June 6, 1912, ch. 153, 37 Stat. 124; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to
    failure to establish residence and reversion of entered lands to
    Federal Government.
      Section 170, act Oct. 22, 1914, ch. 335, 38 Stat. 766, related to
    rights of wife on abandonment by husband.
      Section 171, R.S. Sec. 2292, related to rights inuring to infant
    children on death of both mother and father.
      Section 172, act June 8, 1880, ch. 136, 21 Stat. 166; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100, related to effect of insanity of settlers upon claims.
      Section 173, R.S. Sec. 2301; Mar. 3, 1891, ch. 561, Sec. 6, 26
    Stat. 1098; June 3, 1896, ch. 312, Sec. 2, 29 Stat. 197, related to
    commutations of entries after 14 months from date of settlement.
      Section 174, R.S. Sec. 2288; Mar. 3, 1891, ch. 561, Secs. 3, 4,
    26 Stat. 1097; Mar. 3, 1905, ch. 1424, 33 Stat. 991, related to
    right to transfer claims.
      Section 175, R.S. Sec. 2296; Apr. 28, 1922, ch. 155, 42 Stat.
    502, related to exemption from execution of homestead land.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 176                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 176. Repealed. Pub. L. 94-579, title VII, Sec. 705(a), Oct.
      21, 1976, 90 Stat. 2792

-MISC1-
      Section, act Mar. 2, 1895, ch. 174, Secs. 1-3, 28 Stat. 744,
    provided for appointment of court commissioners for certain
    Territories.

                         EFFECTIVE DATE OF REPEAL                     
      Section 705(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 177                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 177. Patents for lands in New Mexico held under color of title

-STATUTE-
      Whenever it shall be shown to the satisfaction of the Secretary
    of the Interior that a tract or tracts of public land, not known to
    be mineral, in the State of New Mexico, not exceeding in the
    aggregate one hundred and sixty acres, has or have been held in
    good faith and in peaceful, adverse possession by a citizen of the
    United States, his ancestors or grantors, for more than twenty
    years under claim or color of title, and that valuable improvements
    have been placed on such land, or some part thereof has been
    reduced to cultivation, the Secretary may, in his discretion, upon
    the payment of $1.25 per acre, cause a patent or patents to issue
    for such land to any such citizen: Provided, That where the area or
    areas so held by any such citizen is in excess of one hundred and
    sixty acres the Secretary may determine what particular
    subdivisions, not exceeding one hundred and sixty acres in the
    aggregate, to any such citizen may be patented under this section:
    Provided further, That the term "citizen" as used in this section
    shall be held to include a corporation organized under the laws of
    the United States or any State or Territory thereof.

-SOURCE-
    (June 8, 1926, ch. 501, 44 Stat. 709.)

-End-

-CITE-
    43 USC Sec. 178                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 178. Patents for lands in New Mexico; lands contiguous to
      Spanish or Mexican land grants

-STATUTE-
      Whenever it shall be shown to the satisfaction of the Secretary
    of the Interior that a tract or tracts of public land, contiguous
    to a Spanish or Mexican land grant, in the State of New Mexico, not
    exceeding in the aggregate one hundred and sixty acres, has or have
    been held in good faith and in peaceful, adverse possession by a
    citizen of the United States, his ancestors or grantors, for more
    than twenty years under claim or color of title, and that valuable
    improvements have been placed on such land, or some part thereof
    has been reduced to cultivation, the Secretary may, in his
    discretion, upon the payment of $1.25 per acre, cause a patent or
    patents to issue for such land to any such citizens: Provided, That
    where the area or areas so held by any such citizen is in excess of
    one hundred and sixty acres the Secretary may determine what
    particular subdivisions, not exceeding one hundred and sixty acres
    in the aggregate, to any such citizen may be patented hereunder:
    Provided further, That coal and all other minerals contained
    therein are reserved to the United States; that said coal and other
    minerals shall be subject to sale or disposal by the United States
    under applicable leasing and mineral land laws, and permittees,
    lessees, or grantees of the United States shall have the right to
    enter upon said lands for the purpose of prospecting for and mining
    such deposits: Provided further, That the term "citizen", as used
    in this section, shall be held to include a corporation organized
    under the laws of the United States or any State or Territory
    thereof.

-SOURCE-
    (Feb. 23, 1932, ch. 52, 47 Stat. 53.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The leasing and mineral land laws, referred to in text, probably
    mean the mineral leasing laws, which are classified generally to
    Title 30, Mineral Lands and Mining.

-End-

-CITE-
    43 USC Secs. 179, 180                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Secs. 179, 180. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct.
      21, 1976, 90 Stat. 2787

-MISC1-
      Section 179, act May 17, 1900, ch. 479, Sec. 1, 31 Stat. 179,
    related to free homesteads to settlers, commutation rights, and
    payment to Indians.
      Section 180, act Jan. 26, 1901, ch. 180, 31 Stat. 740, related to
    extension of right of settlers to commute entry.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO
           MAKE ENTRY                                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY

-HEAD-
         SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY     

-End-

-CITE-
    43 USC Sec. 181                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY

-HEAD-
    Sec. 181. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-
      Section, act June 5, 1900, ch. 716, Sec. 3, 31 Stat. 270,
    provided that a person making an entry which was lost or forfeited
    should be entitled to benefits of homestead laws as though the
    former entry had not been made. See section 182 of this title.

-End-

-CITE-
    43 USC Secs. 182 to 191                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY

-HEAD-
    Secs. 182 to 191. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 182, act Sept. 5, 1914, ch. 294, 38 Stat. 712, related to
    entry after forfeiture of prior entry without fault.
      Section 183, R.S. Sec. 2300; Aug. 31, 1918, ch. 166, Sec. 8, 40
    Stat. 957; Sept. 13, 1918, ch. 173, 40 Stat. 960, related to minor
    veterans, service in military establishment, and relinquishment of
    entries.
      Section 184, R.S. Sec. 2302, prohibited discrimination based on
    race or color in construction or execution of certain laws.
      Section 185, acts May 14, 1880, ch. 89, Sec. 2, 21 Stat. 141;
    Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097; July 26, 1892, ch.
    251, 27 Stat. 270; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, related to preference right of
    entry of successful contestants.
      Sections 186, acts Feb. 14, 1920, ch. 76, Secs. 1, 2, 41 Stat.
    434, 435; Jan. 21, 1922, ch. 32, Secs. 1, 2, 42 Stat. 358; Dec. 28,
    1922, ch. 19, 42 Stat. 1067; June 12, 1930, ch. 471, 46 Stat. 580,
    related to preference right of entry of veterans, and promulgation
    of rules and regulations.
      Section 187, act Feb. 25, 1925, ch. 326, 43 Stat. 981, related to
    entrants on ceded Indian reservations.
      Section 187a, act June 21, 1934, ch. 690, 48 Stat. 1185, related
    to new homestead entry on ceded Indian reservations.
      Section 187b, act May 22, 1902, ch. 821, Sec. 2, 32 Stat. 203,
    related to second homestead entry by certain settlers.
      Section 188, act June 5, 1900, ch. 716, Sec. 3, 31 Stat. 270,
    related to purchaser of Flathead Indian land, Montana.
      Section 189, act Mar. 3, 1875, ch. 131, Sec. 15, 18 Stat. 420,
    related to Indians abandoning tribal relations and consequences
    thereof.
      Section 190, act July 4, 1884, ch. 180, Sec. 1, 23 Stat. 96,
    related to patents for Indians located on public lands.
      Section 190a, act Mar. 1, 1933, ch. 160, Sec. 1, 47 Stat. 1418,
    related to Indian allotments or homesteads in San Juan County,
    Utah.
      Section 191, R.S. Secs. 2310, 2311, related to entry, etc.,
    rights, of Stockbridge Munsee Indians.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER III - LANDS SUBJECT TO ENTRY              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER III - LANDS SUBJECT TO ENTRY

-HEAD-
                  SUBCHAPTER III - LANDS SUBJECT TO ENTRY              

-End-

-CITE-
    43 USC Secs. 201 to 208                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER III - LANDS SUBJECT TO ENTRY

-HEAD-
    Secs. 201 to 208. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 201, R.S. Sec. 2302, prohibited entry and settlement of
    mineral lands under this chapter.
      Section 202, acts May 14, 1880, ch. 89, Sec. 1, 21 Stat. 140;
    Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097; Mar. 3, 1893, ch.
    208, 27 Stat. 593; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, related to relinquished entries.
      Section 203, acts June 13, 1902, ch. 1080, Secs. 1-3, 32 Stat.
    384; Mar. 4, 1907, ch. 2907, 34 Stat. 1269, related to
    applicability of homestead laws to Ute Indian Reservation in
    Colorado.
      Section 204, act Mar. 3, 1879, ch. 191, 20 Stat. 472, related to
    entries on even sections within railroad and other grants.
      Section 205, act July 1, 1879, ch. 60, 21 Stat. 46, related to
    entries on odd sections within railroad and other grants in
    Missouri and Arkansas.
      Section 206, act May 6, 1886, ch. 88, 24 Stat. 22, related to
    patents for additional entries within railway limits.
      Section 207, act Aug. 21, 1916, ch. 361, 39 Stat. 518, authorized
    disposition of all agricultural lands within military reservations
    in Nevada under homestead and desert-land laws.
      Section 208, act June 3, 1924, ch. 240, 43 Stat. 357, authorized
    acquisition of all unreserved public lands within the Columbia or
    Moses Reserve in Washington to be acquired under laws applicable to
    public domain.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 209                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER III - LANDS SUBJECT TO ENTRY

-HEAD-
    Sec. 209. Extension of public-land laws to certain lands in
      Oklahoma

-STATUTE-
      The public-land laws of the United States be, and the same are,
    extended to the public lands in that part of the Red River between
    the medial line and the south bank of the river, in Oklahoma,
    between the ninety-eighth meridian and the east boundary of the
    territory established as Greer County by the Act of May 4, 1896 (29
    Stat. 113): Provided, That such lands shall not be subject to
    disposition, settlement, or occupation until after the same have
    been classified and opened to entry, and other disposal by the
    Secretary of the Interior according to law.

-SOURCE-
    (June 22, 1948, ch. 605, Sec. 1, 62 Stat. 576.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public-land laws of the United States, referred to in text,
    are classified generally to this title.
      Act of May 4, 1896, referred to in text, is act May 4, 1896, ch.
    155, 29 Stat. 113, which is not classified to the Code.

-End-

-CITE-
    43 USC Sec. 210                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER III - LANDS SUBJECT TO ENTRY

-HEAD-
    Sec. 210. Recognition of equitable claims on certain lands in
      Oklahoma; validation of homestead entries

-STATUTE-
      The Secretary of the Interior is authorized and directed to
    recognize equitable claims to such lands based on settlement made
    prior to January 1, 1934, and all homestead entries of such lands,
    the allowance of which was erroneous because the lands were not
    subject to entry, and all suspended entries and applications to
    make final proof, are validated if otherwise regular, as of the
    date of the regular application.

-SOURCE-
    (June 22, 1948, ch. 605, Sec. 2, 62 Stat. 576.)

-End-

-CITE-
    43 USC SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND
           ADDITIONAL AND ENLARGED ENTRIES                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED
                     ENTRIES                   

-HEAD-
    SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED
                                  ENTRIES

-End-

-CITE-
    43 USC Secs. 211 to 224                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED
                     ENTRIES                   

-HEAD-
    Secs. 211 to 224. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 211, R.S. Sec. 2298, related to limitation of amount of
    homestead entry.
      Section 212, acts Aug. 30, 1890, ch. 837, Sec. 1, 26 Stat. 391;
    Mar. 3, 1891, ch. 561, Sec. 17, 26 Stat. 1101, related to
    limitation of aggregate amount of entries.
      Section 213, acts Apr. 28, 1904, ch. 1776, Secs. 2, 3, 33 Stat.
    527; Aug. 3, 1950, ch. 521, 64 Stat. 398, related to additional
    entry on land contiguous to former entry of less than quarter
    section.
      Section 214, acts Mar. 2, 1889, ch. 381, Sec. 6, 25 Stat. 854;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, related to additional entry
    after final proof on entry on less than quarter section.
      Section 215, act Feb. 20, 1917, ch. 98, 39 Stat. 925, related to
    additional entry after patent on entry for less than quarter
    section.
      Section 216, act Mar. 4, 1921, ch. 162, Sec. 1, 41 Stat. 1433,
    related to validation of additional entry after patent.
      Section 217, act June 5, 1900, ch. 716, Sec. 2, 31 Stat. 269,
    related to additional entry after commutation of former entry.
      Section 218, acts Feb. 19, 1909, ch. 160, Secs. 1-6, 35 Stat.
    639; June 6, 1912, ch. 153, 37 Stat. 123; June 13, 1912, ch. 166,
    37 Stat. 132; Feb. 11, 1913, ch. 39, 37 Stat. 666; Mar. 3, 1915,
    ch. 84, 38 Stat. 953; Mar. 3, 1915, ch. 91, 38 Stat. 957; Mar. 4,
    1915, ch. 150, Sec. 2, 38 Stat. 1163; July 3, 1916, ch. 220, 39
    Stat. 344, set forth provisions relating to enlarged entries on
    specified nonmineral, nonirrigable lands in certain States.
      Section 219, acts June 17, 1910, ch. 298, Secs. 1-6, 36 Stat.
    531, 532; Feb. 11, 1913, ch. 39, 37 Stat. 666; Mar. 3, 1915, ch.
    91, 38 Stat. 957; Sept. 5, 1916, ch. 440, 39 Stat. 724; Aug. 10,
    1917, ch. 52, Sec. 10, 40 Stat. 275, set forth provisions relating
    to enlarged entries on specified nonmineral, nonirrigable lands in
    Idaho.
      Section 220, act Mar. 4, 1915, ch. 150, Sec. 1, 38 Stat. 1162,
    1163; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R.
    7876, 60 Stat. 1100, set forth procedures for applications for
    entries under sections 218 and 219 of this title.
      Section 221, act Mar. 4, 1915, ch. 150, Sec. 2, 38 Stat. 1163,
    was transferred to part of section 218 of this title, and
    subsequently repealed.
      Section 222, act Mar. 4, 1923, ch. 245, Sec. 1, 42 Stat. 1445,
    authorized additional entries by homestead entrymen on lands in
    national forests in the States covered by former sections 218 and
    219 of this title.
      Section 223, acts May 14, 1880, ch. 89, Sec. 3, 21 Stat. 141;
    June 6, 1900, ch. 821, 31 Stat. 683; Aug. 9, 1912, ch. 280, 37
    Stat. 267, authorized preference of settlers to entries under
    Enlarged Homestead Act for lands covered by former sections 218 and
    219 of this title.
      Section 224, acts Apr. 28, 1904, ch. 1801, Secs. 1-3, 33 Stat.
    547, 548; Mar. 2, 1907, ch. 2527, Secs. 1-3, 34 Stat. 1224; May 29,
    1908, ch. 220, Sec. 7, 35 Stat. 466; Aug. 24, 1912, ch. 371, 37
    Stat. 499, extended limitation on entries within certain boundaries
    in Nebraska.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR
           NONRESIDENCE OR NONCULTIVATION                  01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR
                    NONCULTIVATION              

-HEAD-
     SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR
                              NONCULTIVATION

-End-

-CITE-
    43 USC Secs. 231 to 240                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR
                    NONCULTIVATION              

-HEAD-
    Secs. 231 to 240. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 231, acts Aug. 22, 1914, ch. 270, 38 Stat. 704; Feb. 25,
    1919, ch. 21, 40 Stat. 1153; Oct. 28, 1921, ch. 114, Sec. 1, 42
    Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan
    No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,
    related to optional leaves of absence and proof of commutation.
      Section 232, act July 3, 1916, ch. 214, 39 Stat. 341, related to
    settlers on unsurveyed land.
      Section 233, acts Sept. 29, 1919, ch. 64, 41 Stat. 288; Apr. 6,
    1922, ch. 122, Sec. 2, 42 Stat. 491, related to residence of
    persons receiving treatment for wounds.
      Section 234, acts Mar. 2, 1889, ch. 381, Sec. 3, 25 Stat. 854;
    Dec. 29, 1894, ch. 14, 28 Stat. 599; Oct. 28, 1921, ch. 114, Sec.
    1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100, related to destruction or failure of crops, sickness, or
    unavoidable casualty.
      Section 235, act July 1, 1879, ch. 63, Sec. 1, 21 Stat. 48; 1946
    Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60
    Stat. 1100, related to destruction or injury to crops by
    grasshoppers.
      Section 236, act Dec. 20, 1917, ch. 6, 40 Stat. 430, allowed
    persons who filed applications for homestead entry prior to Dec.
    20, 1917, a leave of absence from their land during pendency of war
    with Germany for purpose of performing farm labor.
      Section 237, act July 24, 1919, ch. 26, 41 Stat. 271, excused
    entrymen from residence during drought in 1919.
      Section 237a, act Mar. 2, 1932, ch. 69, 47 Stat. 59, excused
    entrymen from residence during drought period of 1929 to 1932.
      Section 237b, act May 21, 1934, ch. 320, 48 Stat. 787, excused
    entrymen from compliance with requirements of homestead laws as to
    residence, cultivation, improvements, expenditures or purchase
    money where absence was due to economic conditions in 1932, 1933 or
    1934.
      Section 237c, act May 22, 1935, ch. 135, 49 Stat. 286, excused
    entrymen from compliance with requirements of homestead laws as to
    residence, cultivation, improvements, expenditures or purchase
    money where absence was due to economic conditions in 1935.
      Section 237d, acts Aug. 19, 1935, ch. 560, 49 Stat. 659; Mar. 31,
    1938, ch. 57, 52 Stat. 149, related to cultivation requirement for
    entered lands.
      Section 237e, act Apr. 20, 1936, ch. 239, Sec. 1, 49 Stat. 1235,
    excused entrymen from compliance with requirements of homestead
    laws as to residence, cultivation, improvements, expenditures or
    purchase money where absence was due to economic conditions in
    1936.
      Section 237f, act July 30, 1956, ch. 778, Sec. 1, 70 Stat. 715,
    related to absence during 1956 to 1959 due to economic conditions
    and protection of rights of entryman.
      Section 237g, act July 30, 1956, ch. 778, Sec. 2, 70 Stat. 716,
    related to homestead or desert land applications on file as of Mar.
    1, 1956, and entries and rights of United States.
      Section 237h, act July 30, 1956, ch. 778, Sec. 4, 70 Stat. 716,
    set forth lands subject to protection of rights of entryman.
      Section 238, acts Mar. 1, 1921, ch. 102, Sec. 1, 41 Stat. 1202;
    Apr. 7, 1922, ch. 125, 42 Stat. 492, related to excusing residence
    and cultivation, etc., requirements for disabled veterans.
      Section 239, R.S. Sec. 2308, related to service in Army, Navy,
    etc., as equivalent to residence.
      Section 240, acts June 16, 1898, ch. 458, 30 Stat. 473; Aug. 29,
    1916, ch. 420, 39 Stat. 671, related to service in time of war as
    equivalent to residence and cultivation.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Secs. 241, 242                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR
                    NONCULTIVATION              

-HEAD-
    Secs. 241, 242. Repealed. Oct. 17, 1940, ch. 888, article V, Sec.
      503(3), 54 Stat. 1187

-MISC1-
      Section 241, act July 28, 1917, ch. 44, Sec. 1, 40 Stat. 248,
    related to residence requirements of entrymen in military service
    during war.
      Section 242, act July 28, 1917, ch. 44, Sec. 2, 40 Stat. 248,
    related to widows and children of entrymen who died in military
    service during war.

-End-

-CITE-
    43 USC Secs. 243, 243a                                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR
                    NONCULTIVATION              

-HEAD-
    Secs. 243, 243a. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 243, act Apr. 7, 1930, ch. 108, 46 Stat. 144, related to
    military service in certain Indian wars as equivalent to residence
    and cultivation.
      Section 243a, act Mar. 3, 1933, ch. 198, 47 Stat. 1424, related
    to extension of credits for military service in certain Indian wars
    to widows and issuance of patents to minor children on death of
    mother.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER VI - FINAL PROOF GENERALLY                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VI - FINAL PROOF GENERALLY

-HEAD-
                   SUBCHAPTER VI - FINAL PROOF GENERALLY               

-End-

-CITE-
    43 USC Secs. 251 to 256b                                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VI - FINAL PROOF GENERALLY

-HEAD-
    Secs. 251 to 256b. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 251, act Mar. 3, 1879, ch. 192, 20 Stat. 472; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100, related to notice of intention to make final proof.
      Section 252, act Mar. 2, 1889, ch. 381, Sec. 7, 25 Stat. 855,
    related to time of taking testimony for final proof in case of
    unavoidable delay.
      Section 253, act June 3, 1878, ch. 152, 20 Stat. 91, related to
    publication of notice of contest.
      Section 254, R.S. Sec. 2294; May 26, 1890, ch. 355, 26 Stat. 121;
    Mar. 3, 1893, ch. 208, 27 Stat. 593; Mar. 11, 1902, ch. 182, 32
    Stat. 63; Mar. 4, 1904, ch. 394, 33 Stat. 59; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Feb. 23, 1923, ch. 105, 42 Stat. 1281;
    Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Oct. 17,
    1968, Pub. L. 90-578, title IV, Sec. 402(b)(2), 82 Stat. 1118,
    related to officers before whom affidavits or proofs may be made,
    perjury, and fees.
      Section 255, R.S. Sec. 2293; Oct. 6, 1917, ch. 86, 40 Stat. 391;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100, related to affidavits taken by commanding officer
    for person in military or naval service.
      Section 256, act Mar. 4, 1913, ch. 149, Sec. 1, 37 Stat. 925,
    related to election as to law under which final proof may be made.
      Section 256a, acts May 13, 1932, ch. 178, Secs. 1, 2, 47 Stat.
    153; June 16, 1933, ch. 99, 48 Stat. 274; July 26, 1935, ch. 419,
    49 Stat. 504; June 16, 1937, ch. 361, 50 Stat. 303, related to
    extension of time for offering final proof, and promulgation of
    rules and regulations.
      Section 256b, act Aug. 27, 1935, ch. 770, 49 Stat. 909, related
    to final proof by disabled World War I veterans.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER VII - PAYMENTS AND REFUNDS                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VII - PAYMENTS AND REFUNDS

-HEAD-
                   SUBCHAPTER VII - PAYMENTS AND REFUNDS               

-End-

-CITE-
    43 USC Sec. 261                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VII - PAYMENTS AND REFUNDS

-HEAD-
    Sec. 261. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,
      1976, 90 Stat. 2787

-MISC1-
      Section, acts Sept. 30, 1890, No. 59, 26 Stat. 684; Oct. 28,
    1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43
    Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946,
    11 F.R. 7876, 60 Stat. 1100, related to time for payments and
    extension of time.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 262                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VII - PAYMENTS AND REFUNDS

-HEAD-
    Sec. 262. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-
      Section, act Mar. 2, 1907, ch. 2568, 34 Stat. 1248, provided for
    refund of excess payments. See section 1374 of this title.

-End-

-CITE-
    43 USC Sec. 263                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VII - PAYMENTS AND REFUNDS

-HEAD-
    Sec. 263. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,
      1976, 90 Stat. 2787

-MISC1-
      Section, acts June 16, 1880, ch. 244, Secs. 1-4, 21 Stat. 287;
    Apr. 18, 1904, No. 25, 33 Stat. 589; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to
    cancellation of entries and repayment of fees.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER VIII - ALASKA HOMESTEADS                  01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
                    SUBCHAPTER VIII - ALASKA HOMESTEADS                

-End-

-CITE-
    43 USC Sec. 270                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
    Sec. 270. Repealed. Pub. L. 94-579, title VII, Sec. 703(a), Oct.
      21, 1976, 90 Stat. 2789

-MISC1-
      Section, acts May 14, 1898, ch. 299, Sec. 1, 30 Stat. 409; Mar.
    3, 1903, ch. 1002, 32 Stat. 1028; Aug. 24, 1912, ch. 387, Sec. 1,
    37 Stat. 512; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3,
    1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Apr. 29, 1950, ch.
    137, Sec. 1, 64 Stat. 94; Aug. 3, 1955, ch. 496, Sec. 1, 69 Stat.
    444, set forth provisions relating to applicability of homestead
    laws to Alaska. Section was formerly classified to section 371 of
    Title 48, Territories and Insular Possessions.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Secs. 270-1 to 270-3                                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
    Secs. 270-1 to 270-3. Repealed. Pub. L. 92-203, Sec. 18(a), Dec.
      18, 1971, 85 Stat. 710

-MISC1-
      Section 270-1, acts May 17, 1906, ch. 2469, Sec. 1, 34 Stat. 197;
    Aug. 2, 1956, ch. 891, Sec. 1(a)-(d), 70 Stat. 954, authorized
    making of homestead allotments to native Indians, Aleuts, or
    Eskimos and provided for conveyance of allotted lands. Section was
    formerly classified to section 357 of Title 48, Territories and
    Insular Possessions.
      Section 270-2, act May 17, 1906, ch. 2469, Sec. 2, as added Aug.
    2, 1956, ch. 891, Sec. 1(e), 70 Stat. 954, permitted allotments of
    land in national forests if land was certified as chiefly valuable
    for agricultural or grazing uses. Section was formerly classified
    to section 357a of Title 48.
      Section 270-3, act May 27, 1906, ch. 2469, Sec. 3, as added Aug.
    2, 1956, ch. 891, Sec. 1(e), 70 Stat. 954, prohibited making of an
    allotment unless person made satisfactory proof of substantially
    continuous use and occupancy of land for five years. Section was
    formerly classified to section 357b of Title 48.

-End-

-CITE-
    43 USC Sec. 270-4                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
    Sec. 270-4. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,
      1976, 90 Stat. 2787

-MISC1-
      Section, acts May 14, 1898, ch. 299, Sec. 10, 30 Stat. 413; Oct.
    28, 1921, ch. 114 Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43
    Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946,
    11 F.R. 7876, 60 Stat. 1100, related to affidavits, and filing,
    publishing, and posting proof of claims.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Secs. 270-5 to 270-10                                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
    Secs. 270-5 to 270-10. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 270-5, act Apr. 29, 1950, ch. 137, Sec. 2, 64 Stat. 95,
    required filing of notice of location of settlement claims for
    public lands in Alaska. Section was formerly classified to section
    371a of Title 48, Territories and Insular Possessions.
      Section 270-6, act Apr. 29, 1950, ch. 137, Sec. 3, 64 Stat. 95,
    set forth effects of failure to file notice of settlement claim.
    Section was formerly classified to section 371b of Title 48.
      Section 270-7, acts Apr. 29, 1950, ch. 137, Sec. 4, 64 Stat. 95;
    July 11, 1956, ch. 571, Sec. 2, 70 Stat. 529, required final or
    commutation proof on unsurveyed land as basis for free survey.
    Section was formerly classified to section 371c of Title 48.
      Section 270-8, acts July 8, 1916, ch. 228, Sec. 1, 39 Stat. 352;
    June 28, 1918, ch. 110, 40 Stat. 632, set forth the amount of
    homestead entries for every qualified person. Section was formerly
    classified to section 373 of Title 48.
      Section 270-9, acts July 8, 1916, ch. 228, Sec. 1, 39 Stat. 352;
    June 28, 1918, ch. 110, 40 Stat. 632, removed bar of former entry
    in any other State or Territory as bar to homestead entry in
    Alaska. Section was formerly classified to section 374 of Title 48.
      Section 270-10, act July 8, 1916, ch. 228, Sec. 2, as added June
    28, 1918, ch. 110, 40 Stat. 633; amended Oct. 28, 1921, ch. 114,
    Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946
    Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60
    Stat. 1100; July 11, 1956, ch. 571, Sec. 1, 70 Stat. 528, set forth
    requirements for entry on unsurveyed lands. Section was formerly
    classified to section 375 of Title 48.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 270-11                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
    Sec. 270-11. Repealed. Pub. L. 94-579, title VII, Sec. 703(a), Oct.
      21, 1976, 90 Stat. 2787

-MISC1-
      Section, acts Mar. 8, 1922, ch. 96, Sec. 1, 42 Stat. 415; Aug.
    23, 1958, Pub. L. 85-725, Sec. 1, 72 Stat. 730, related to entry on
    land containing coal, oil, or gas.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 270-12                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
    Sec. 270-12. Disposal by United States of coal, oil, or gas
      deposits reserved to United States; entry, reentry, etc., on
      lands for prospecting, mining, and removal

-STATUTE-
      The coal, oil, or gas deposits reserved to the United States in
    accordance with the act of March 8, 1922 (42 Stat. 415; 43 U.S.C.
    270-11 et seq.), as added to by the Act of August 17, 1961 (75
    Stat. 384; 43 U.S.C. 270-13), and amended by the Act of October 3,
    1962 (76 Stat. 740; 43 U.S.C. 270-13), shall be subject to disposal
    by the United States in accordance with the provisions of the laws
    applicable to coal, oil, or gas deposits or coal, oil, or gas lands
    in Alaska in force at the time of such disposal. Any person
    qualified to acquire coal, oil, or gas deposits, or the right to
    mine or remove the coal or to drill for and remove the oil or gas
    under the laws of the United States shall have the right at all
    times to enter upon the lands patented under the Act of March 8,
    1922, as amended, and in accordance with the provisions hereof, for
    the purpose of prospecting for coal, oil, or gas therein, upon the
    approval by the Secretary of the Interior of a bond or undertaking
    to be filed with him as security for the payment of all damages to
    the crops and improvements on such lands by reason of such
    prospecting. Any person who has acquired from the United States the
    coal, oil, or gas deposits in any such land, or the right to mine,
    drill for, or remove the same, may reenter and occupy so much of
    the surface thereof incident to the mining and removal of the coal,
    oil, or gas therefrom, and mine and remove the coal or drill for
    and remove oil and gas upon payment of the damages caused thereby
    to the owner thereof, or upon giving a good and sufficient bond or
    undertaking in an action instituted in any competent court to
    ascertain and fix said damages: Provided, That the owner under such
    limited patent shall have the right to mine the coal for use on the
    land for domestic purposes at any time prior to the disposal by the
    United States of the coal deposits: Provided further, That nothing
    in this Act shall be construed as authorizing the exploration upon
    or entry of any coal deposits withdrawn from such exploration and
    purchase.

-SOURCE-
    (Mar. 8, 1922, ch. 96, Sec. 2, 42 Stat. 416; Pub. L. 85-725, Sec.
    2, Aug. 23, 1958, 72 Stat. 730; Pub. L. 94-579, title VII, Sec.
    703(c), Oct. 21, 1976, 90 Stat. 2791.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 8, 1922 and this Act, referred to in text, is act
    Mar. 8, 1922, ch. 96, 42 Stat. 415, as amended, which is classified
    to sections 270-11 to 270-13 of this title. The provisions added by
    the act of Aug. 17, 1961, and amended by the act of Oct. 3, 1962
    were classified to section 270-13 of this title. Sections 270-11
    and 270-13 of this title were repealed by section 703(a) of Pub. L.
    94-579. For complete classification of this Act to the Code, see
    Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 377 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-579 substituted provisions relating to disposal
    by United States of coal, oil, or gas deposits reserved to the
    United States, applicability of statutory provisions to such
    disposal, and entry, reentry, etc., on lands for prospecting,
    mining, and removal of deposits, for provisions relating to patent
    for land entered under section 270-11 of this title, reservation to
    the patented land, disposal of reserved coal, oil, or gas deposits,
    and entry, reentry, etc., on lands for prospecting, mining, and
    removal of deposits.
      1958 - Pub. L. 85-725 struck out "And provided further, That
    nothing herein contained shall be held or construed to authorize
    the entry or disposition, under section 274 of this title, or under
    Acts amendatory thereof or supplemental thereto, of withdrawn or
    classified coal, oil, or gas lands or of lands valuable for coal,
    oil, or gas".

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 703(c) of Pub. L. 94-579 provided that the amendment made
    by that section is effective on and after tenth anniversary of date
    of approval of this Act, Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

-End-

-CITE-
    43 USC Secs. 270-13 to 270-17                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
    Secs. 270-13 to 270-17. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 270-13, act Mar. 8, 1922, ch. 96, Sec. 3, as added Aug.
    17, 1961, Pub. L. 87-147, 75 Stat. 384; amended Oct. 3, 1962, Pub.
    L. 87-742, 76 Stat. 740, authorized sale or other disposition of
    Alaskan lands containing coal, oil, or gas deposits. Section was
    formerly classified to section 377a of Title 48, Territories and
    Insular Possessions.
      Section 270-14, act July 8, 1916, ch. 228, Sec. 3, formerly Sec.
    2, 39 Stat. 352, renumbered June 28, 1918, ch. 110, 40 Stat. 633,
    excepted certain lands in Alaska from homestead entry and
    settlement. Section was formerly classified to section 378 of Title
    48.
      Section 270-15, acts Apr. 13, 1926, ch. 121, Sec. 1, 44 Stat.
    243; Apr. 29, 1950, ch. 134, Sec. 3, 64 Stat. 93, related to claims
    and rectangular system of surveys and departure for local or
    topographic conditions.
      Section 270-16, acts Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat.
    208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; Apr. 13, 1926, ch. 121,
    Sec. 2, 44 Stat. 244; 1946 Reorg. Plan No. 3, Sec. 403, eff. July
    16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to additional
    entries by soldiers.
      Section 270-17, act Apr. 13, 1926, ch. 121, Sec. 3, 44 Stat. 244,
    related to disposition of deposit of estimated cost of work
    incident to survey, and promulgation of rules and regulations.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD

-HEAD-
             SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD         

-End-

-CITE-
    43 USC Secs. 271 to 284                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD

-HEAD-
    Secs. 271 to 284. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 271, R.S. Sec. 2304; Mar. 1, 1901, ch. 674, 31 Stat. 847,
    related to soldiers and sailors entitled to make entry.
      Section 272, R.S. Sec. 2305; Mar. 1, 1901, ch. 674, 31 Stat. 847;
    Apr. 6, 1922, ch. 122, Sec. 1, 42 Stat. 491, related to deduction
    of military and naval service from time required to perfect title,
    and rights of widows and children of veterans.
      Section 272a, acts Feb. 25, 1919, ch. 37, 40 Stat. 1161; Dec. 28,
    1922, ch. 19, 42 Stat. 1067, related to applicability of sections
    271 and 272 of this title to military and naval operations on
    Mexican border or in World War I.
      Section 273, act Apr. 6, 1922, ch. 122, Sec. 1, 42 Stat. 491,
    related to veterans receiving compensation for wounds or
    disability.
      Section 274, R.S. Sec. 2306, related to additional entry by
    veteran.
      Section 275, act Mar. 3, 1893, ch. 208, 27 Stat. 593; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100, related to invalidity of additional entries, and commutation.
      Section 276, act Aug. 18, 1894, ch. 301, Sec. 1, 28 Stat. 397,
    related to issuance of additional homestead certificates.
      Section 277, R.S. Sec. 2309, related to additional entry by
    agent.
      Section 278, R.S. Sec. 2307; Feb. 25, 1919, ch. 37, 40 Stat.
    1161; Sept. 21, 1922, ch. 357, 42 Stat. 990, set forth rights of
    veteran's widow to make entry, and rights of children upon her
    death.
      Section 279, acts Sept. 27, 1944, ch. 421, Sec. 1, 58 Stat. 747;
    June 25, 1946, ch. 474, 60 Stat. 308; May 31, 1947, ch. 88, Sec. 1,
    61 Stat. 123; June 18, 1954, ch. 306, Sec. 1(a), (b), 68 Stat. 253,
    set forth preference rights of entry of World War II or Korean
    conflict veterans.
      Section 280, acts Sept. 27, 1944, ch. 421, Sec. 2, 58 Stat. 748;
    May 31, 1947, ch. 88, Sec. 2, 61 Stat. 123, related to rights of
    dependents of World War II or Korean conflict veterans.
      Section 281, act Sept. 27, 1944, ch. 421, Sec. 3, 58 Stat. 748,
    related to death of World War II or Korean conflict veteran as
    affecting patent rights of minor children.
      Section 282, acts Sept. 27, 1944, ch. 421, Sec. 4, 58 Stat. 748;
    May 31, 1947, ch. 88, Sec. 3, 61 Stat. 124; June 18, 1954, ch. 306,
    Sec. 1(c), 68 Stat. 254, related to rights of World War II or
    Korean conflict veteran on revocation of withdrawal order.
      Section 283, acts Sept. 27, 1944, ch. 421, Sec. 6, formerly Sec.
    5, 58 Stat. 748, renumbered Sec. 6, June 3, 1948, ch. 399, 62 Stat.
    305, related to promulgation of rules and regulations respecting
    preference right of entry of World War II or Korean conflict
    veteran.
      Section 284, act Sept. 27, 1944, ch. 421, Sec. 5, as added June
    3, 1948, ch. 399, 62 Stat. 305, defined "homestead" for purposes of
    preference right of entry of World War II or Korean conflict
    veteran.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER X - STOCK-RAISING HOMESTEAD               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-
                  SUBCHAPTER X - STOCK-RAISING HOMESTEAD              

-End-

-CITE-
    43 USC Secs. 291 to 298                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-
    Secs. 291 to 298. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 291, acts Dec. 29, 1916, ch. 9, Sec. 1, 39 Stat. 862;
    Feb. 28, 1931, ch. 328, 46 Stat. 1454; June 9, 1933, ch. 53, 48
    Stat. 119, related to entry on unappropriated, unreserved lands,
    and lands excepted from entry.
      Section 292, acts Dec. 29, 1916, ch. 9, Sec. 2, 39 Stat. 862;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; June 6, 1924, ch.
    274, 43 Stat. 469; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946
    Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60
    Stat. 1100, related to designation of lands subject to entry, and
    application thereof.
      Section 293, acts Dec. 29, 1916, ch. 9, Sec. 3, 39 Stat. 863;
    Oct. 25, 1918, ch. 195, 40 Stat. 1016, related to persons entitled
    to make entries and effect of entries.
      Section 294, acts Dec. 29, 1916, ch. 9, Sec. 4, 39 Stat. 863;
    Sept. 29, 1919, ch. 63, 41 Stat. 287, related to additional entries
    and amount of entry.
      Section 295, acts Dec. 29, 1916, ch. 9, Sec. 5, 39 Stat. 863;
    Sept. 29, 1919, ch. 63, 41 Stat. 287, related to persons entitled
    to make additional entries.
      Section 296, act Dec. 29, 1916, ch. 9, Sec. 6, 39 Stat. 863,
    related to heads of families, etc., and relinquishment or
    reconveyance of land.
      Section 297, act Dec. 29, 1916, ch. 9, Sec. 7, 39 Stat. 864,
    related to applicability of commutation provisions to entries.
      Section 298, act Dec. 29, 1916, ch. 9, Sec. 8, 39 Stat. 864, set
    forth provisions relating to additional entries and preferential
    rights.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 299                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-
    Sec. 299. Reservation of coal and mineral rights

-STATUTE-
    (a) General provisions
      All entries made and patents issued under the provisions of this
    subchapter shall be subject to and contain a reservation to the
    United States of all the coal and other minerals in the lands so
    entered and patented, together with the right to prospect for,
    mine, and remove the same. The coal and other mineral deposits in
    such lands shall be subject to disposal by the United States in
    accordance with the provisions of the coal and mineral land laws in
    force at the time of such disposal. Any person qualified to locate
    and enter the coal or other mineral deposits, or having the right
    to mine and remove the same under the laws of the United States,
    shall have the right at all times to enter upon the lands entered
    or patented, as provided by this subchapter, for the purpose of
    prospecting for coal or other mineral therein, provided he shall
    not injure, damage, or destroy the permanent improvements of the
    entryman or patentee, and shall be liable to and shall compensate
    the entryman or patentee for all damages to the crops on such lands
    by reason of such prospecting. Any person who has acquired from the
    United States the coal or other mineral deposits in any such land,
    or the right to mine and remove the same, may reenter and occupy so
    much of the surface thereof as may be required for all purposes
    reasonably incident to the mining or removal of the coal or other
    minerals, first, upon securing the written consent or waiver of the
    homestead entryman or patentee; second, upon payment of the damages
    to crops or other tangible improvements to the owner thereof, where
    agreement may be had as to the amount thereof; or, third, in lieu
    of either of the foregoing provisions, upon the execution of a good
    and sufficient bond or undertaking to the United States for the use
    and benefit of the entryman or owner of the land, to secure the
    payment of such damages to the crops or tangible improvements of
    the entryman or owner, as may be determined and fixed in an action
    brought upon the bond or undertaking in a court of competent
    jurisdiction against the principal and sureties thereon, such bond
    or undertaking to be in form and in accordance with rules and
    regulations prescribed by the Secretary of the Interior and to be
    filed with and approved by the officer designated by the Secretary
    of the Interior of the local land office of the district wherein
    the land is situate, subject to appeal to the Secretary of the
    Interior or such officer as he may designate: Provided, That all
    patents issued for the coal or other mineral deposits herein
    reserved shall contain appropriate notations declaring them to be
    subject to the provisions of this subchapter with reference to the
    disposition, occupancy, and use of the land as permitted to an
    entryman under this subchapter.
    (b) Exploration; location of mining claims; notices
      (1) In general
        (A) Notwithstanding subsection (a) of this section and any
      other provision of law to the contrary, after the effective date
      of this subsection no person other than the surface owner may
      enter lands subject to this subchapter to explore for, or to
      locate, a mining claim on such lands without - 
          (i) filing a notice of intention to locate a mining claim
        pursuant to paragraph (2); and
          (ii) providing notice to the surface owner pursuant to
        paragraph (3).

        (B) Any person who has complied with the requirements referred
      to in subparagraph (A) may, during the authorized exploration
      period, in order to locate a mining claim, enter lands subject to
      this subchapter to undertake mineral activities related to
      exploration that cause no more than a minimal disturbance of
      surface resources and do not involve the use of mechanized
      earthmoving equipment, explosives, the construction of roads,
      drill pads, or the use of toxic or hazardous materials.
        (C) The authorized exploration period referred to in
      subparagraph (B) shall begin 30 days after notice is provided
      under paragraph (3) with respect to lands subject to such notice
      and shall end with the expiration of the 90-day period referred
      to in paragraph (2)(A) or any extension provided under paragraph
      (2).
      (2) Notice of intention to locate a mining claim
        Any person seeking to locate a mining claim on lands subject to
      this subchapter in order to engage in the mineral activities
      relating to exploration referred to under paragraph (1)(B) shall
      file with the Secretary of the Interior a notice of intention to
      locate a claim on the lands concerned. The notice shall be in
      such form as the Secretary shall prescribe. The notice shall
      contain the name and mailing address of the person filing the
      notice and a legal description of the lands to which the notice
      applies. The legal description shall be based on the public land
      survey or on such other description as is sufficient to permit
      the Secretary to record the notice on the land status records of
      the Secretary. Whenever any person has filed a notice under this
      paragraph with respect to any lands, during the 90-day period
      following the date of such filing, or any extension thereof
      pursuant to this paragraph, no other person (including the
      surface owner) may - 
          (A) file such a notice with respect to any portions of such
        lands;
          (B) explore for minerals or locate a mining claim on any
        portion of such lands; or
          (C) file an application to acquire any interest in any
        portion of such lands pursuant to section 1719 of this title.

      If, within such 90-day period, the person who filed a notice
      under this paragraph files a plan of operations with the
      Secretary pursuant to subsection (f) of this section, such 90-day
      period shall be extended until the approval or disapproval of the
      plan by the Secretary pursuant to subsection (f) of this section.
      (3) Notice to surface owner
        Any person who has filed a notice of intention to locate a
      mining claim under paragraph (2) for any lands subject to this
      subchapter shall provide written notice of such filing, by
      registered or certified mail with return receipt, to the surface
      owner (as evidenced by local tax records) of the lands covered by
      the notice under paragraph (2). The notice shall be provided at
      least 30 days before entering such lands and shall contain each
      of the following:
          (A) A brief description of the proposed mineral activities.
          (B) A map and legal description of the lands to be subject to
        mineral exploration.
          (C) The name, address and phone number of the person managing
        such activities.
          (D) A statement of the dates on which such activities will
        take place.
      (4) Acreage limitations
        The total acreage covered at any time by notices of intention
      to locate a mining claim under paragraph (2) filed by any person
      and by affiliates of such person may not exceed 6,400 acres of
      lands subject to this subchapter in any one State and 1,280 acres
      of such lands for a single surface owner. For purposes of this
      paragraph, the term "affiliate" means, with respect to any
      person, any other person which controls, is controlled by, or is
      under common control with, such person.
    (c) Consent
      Notwithstanding subsection (a) of this section and any other
    provision of law, after the effective date of this subsection no
    person may engage in the conduct of mineral activities (other than
    those relating to exploration referred to in subsection (b)(1)B)
    (!1) of this section) on a mining claim located on lands subject to
    this subchapter without the written consent of the surface owner
    thereof unless the Secretary has authorized the conduct of such
    activities under subsection (d) of this section.

    (d) Authorized mineral activities
      The Secretary shall authorize a person to conduct mineral
    activities (other than those relating to exploration referred to in
    subsection (b)(1)(B) of this section) on lands subject to this
    subchapter without the consent of the surface owner thereof if such
    person complies with the requirements of subsections (e) and (f) of
    this section.
    (e) Bond
      (1) Before the Secretary may authorize any person to conduct
    mineral activities the Secretary shall require such person to post
    a bond or other financial guarantee in an amount to insure the
    completion of reclamation pursuant to this subchapter. Such bond or
    other financial guarantee shall ensure - 
        (A) payment to the surface owner, after the completion of such
      mineral activities and reclamation, compensation for any
      permanent damages to crops and tangible improvements of the
      surface owner that resulted from mineral activities; and
        (B) payment to the surface owner of compensation for any
      permanent loss of income of the surface owner due to loss or
      impairment of grazing, or other uses of the land by the surface
      owner to the extent that reclamation required by the plan of
      operations would not permit such uses to continue at the level
      existing prior to the commencement of mineral activities.

      (2) In determining the bond amount to cover permanent loss of
    income under paragraph (1)(B), the Secretary shall consider, where
    appropriate, the potential loss of value due to the estimated
    permanent reduction in utilization of the land.
    (f) Plan of operations
      (1) Before the Secretary may authorize any person to conduct
    mineral activities on lands subject to this subchapter, the
    Secretary shall require such person to submit a plan of operations.
    Such plan shall include procedures for - 
        (A) the minimization of damages to crops and tangible
      improvements of the surface owner;
        (B) the minimization of disruption to grazing or other uses of
      the land by the surface owner; and
        (C) payment of a fee for the use of surface during mineral
      activities equivalent to the loss of income to the ranch
      operation as established pursuant to subsection (g) of this
      section.

      (2) The Secretary shall provide a copy of the proposed plan of
    operations to the surface owner at least 45 days prior to the date
    the Secretary makes a determination as to whether such plan
    complies with the requirements of this subsection. During such 45-
    day period the surface owner may submit comments and recommend
    modifications to the proposed plan of operations to the Secretary.
      (3)(A) The Secretary shall, within 60 days of receipt of the
    plan, approve the plan of operations if it complies with the
    requirements of this subchapter, including each of the following:
        (i) The proposed plan of operations is complete and accurate.
        (ii) The person submitting the proposed plan of operations has
      demonstrated that all other applicable Federal and State
      requirements have been met.

      (B) The Secretary shall notify the person submitting a plan of
    operations of any modifications to such plan required to bring it
    into compliance with the requirements of this subchapter. If the
    person submitting the plan agrees to modify such plan in a manner
    acceptable to the Secretary, the Secretary shall approve the plan
    as modified. In the event no agreement can be reached on the
    modifications to the plan which, in the opinion of the Secretary,
    will bring such plan into compliance with the requirements of this
    subchapter, then the Secretary shall disapprove the plan and notify
    both the surface owner and the person submitting the plan of the
    decision.
      (C) The 60-day period referred to in subparagraph (A) may be
    extended by the Secretary where additional time is required to
    comply with other applicable requirements of law.
      (D) The Secretary shall suspend or revoke a plan of operation
    whenever the Secretary determines, on the Secretary's own motion or
    on a motion made by the surface owner, that the person conducting
    mineral activities is in substantial noncompliance with the terms
    and conditions of an approved plan of operations and has failed to
    remedy a violation after notice from the Secretary within the time
    required by the Secretary.
      (4) Final approval of a plan of operations under this subsection
    shall be conditioned upon compliance with subsections (e) and (g)
    of this section.
    (g) Fee
      The fee referred to in subsection (f)(1) of this section shall be
    - 
        (1) paid to the surface owner by the person submitting the plan
      of operations;
        (2) paid in advance of any mineral activities or at such other
      time or times as may be agreed to by the surface owner and the
      person conducting such activities; and
        (3) established by the Secretary taking into account the
      acreage involved and the degree of potential disruption to
      existing surface uses during mineral activities (including the
      loss of income to the surface owner and such surface owner's
      operations due to the loss or impairment of existing surface uses
      for the duration of the mineral activities), except that such fee
      shall not exceed the fair market value for the surface of the
      land.
    (h) Reclamation
      Lands affected by mineral activities under a plan of operations
    approved pursuant to subsection (f)(3) of this section shall be
    reclaimed, to the maximum extent practicable, to a condition
    capable of supporting the uses to which such lands were capable of
    supporting prior to surface disturbance. Reclamation shall proceed
    as contemporaneously as practicable with the conduct of mineral
    activities.
    (i) State law
      (1) Nothing in this subchapter shall be construed as affecting
    any reclamation, bonding, inspection, enforcement, air or water
    quality standard or requirement of any State law or regulation
    which may be applicable to mineral activities on lands subject to
    this subchapter to the extent that such law or regulation is not
    inconsistent with this title.(!2)

      (2) Nothing in this subchapter shall be construed as affecting in
    any way the right of any person to enforce or protect, under
    applicable law, the interest of such person in water resources
    affected by mineral activities.
    (j) Inspections
      Should any surface owner of land subject to this subchapter have
    reason to believe that they are or may be adversely affected by
    mineral activities due to any violation of the terms and conditions
    of a plan of operations approved under subsection (f) of this
    section, such surface owner may request an inspection of such
    lands. The Secretary shall determine within 10 days of the receipt
    of the request whether the request states a reason to believe that
    a violation exists, except in the event the surface owner alleges
    and provides reason to believe that an imminent danger exists, the
    10-day period shall be waived and the inspection conducted
    immediately. When an inspection is conducted under this paragraph,
    the Secretary shall notify the surface owner and such surface owner
    shall be allowed to accompany the inspector on the inspection.
    (k) Damages for failure to comply
      (1) Whenever the surface owner of any land subject to this
    subchapter has suffered any permanent damages to crops or tangible
    improvements of the surface owner, or any permanent loss of income
    due to loss or impairment of grazing, or other uses of the land by
    the surface owner, if such damages or loss result from - 
        (A) any mineral activity undertaken without the consent of the
      surface owner under subsection (c) of this section or an
      authorization by the Secretary under subsection (d) of this
      section; or
        (B) the failure of the person conducting mineral activities to
      remedy to the satisfaction of the Secretary any substantial
      noncompliance with the terms and conditions of a plan under
      subsection (f) of this section;

    the surface owner may bring an action in the appropriate United
    States district court for, and the court may award, double damages
    plus costs for willful misconduct or gross negligence.
      (2) The surface owner of any land subject to this subchapter may
    also bring an action in the appropriate United States district
    court for double damages plus costs for willful misconduct or gross
    negligence against any person undertaking any mineral activities on
    lands subject to this subchapter in violation of any requirement of
    subsection (b) of this section.
      (3) Any double damages plus costs awarded by the court under this
    subsection shall be reduced by the amount of any compensation which
    the surface owner has received (or is eligible to receive) pursuant
    to the bond or financial guarantee required under subsection (e) of
    this section.
    (l) Payment of financial guarantee
      The surface owner of any land subject to this subchapter may
    petition the Secretary for payment of all or any portion of a bond
    or other financial guarantee required under subsection (e) of this
    section as compensation for any permanent damages to crops and
    tangible improvements of the surface owner, or any permanent loss
    of income due to loss or impairment of grazing, or other uses of
    the land by the surface owner. Pursuant to such a petition, the
    Secretary may use such bond or other guarantee to provide
    compensation to the surface owner for such damages and to insure
    the required reclamation.
    (m) Bond release
      The Secretary shall release the bond or other financial guarantee
    required under subsection (e) of this section upon the successful
    completion of all requirements pursuant to a plan of operations
    approved under subsection (f) of this section.
    (n) Conveyance to surface owner
      The Secretary shall take such actions as may be necessary to
    simplify the procedures which must be complied with by surface
    owners of lands subject to this subchapter who apply to the
    Secretary to obtain title to interests in such lands owned by the
    United States.
    (o) Definitions
      For the purposes of subsections (b) through (n) of this section -
    
        (1) The term "mineral activities" means any activity for,
      related to or incidental to mineral exploration, mining, and
      beneficiation activities for any locatable mineral on a mining
      claim. When used with respect to this term - 
          (A) the term "exploration" means those techniques employed to
        locate the presence of a locatable mineral deposit and to
        establish its nature, position, size, shape, grade and value;
          (B) the term "mining" means the processes employed for the
        extraction of a locatable mineral from the earth; and
          (C) the term "beneficiation" means the crushing and grinding
        of locatable mineral ore and such processes are employed to
        free the mineral from the other constituents, including but not
        necessarily limited to, physical and chemical separation
        techniques.

        (2) The term "mining claim" means a claim located under the
      general mining laws of the United States (which generally
      comprise 30 U.S.C. chapters 2, 12A, and 16, and sections 161 and
      162) subject to the terms and conditions of subsections (b)
      through (p) of this section.
        (3) The term "tangible improvements" includes agricultural,
      residential and commercial improvements, including improvements
      made by residential subdividers.
    (p) Minerals covered
      Subsections (b) through (o) of this section apply only to
    minerals not subject to disposition under - 
        (1) the Mineral Leasing Act (30 U.S.C. 181 and following);
        (2) the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.];
      or
        (3) the Act of July 31, 1947, commonly known as the Materials
      Act of 1947 (30 U.S.C. 601 and following).

-SOURCE-
    (Dec. 29, 1916, ch. 9, Sec. 9, 39 Stat. 864; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100; Pub. L. 103-23, Sec. 1(a), (b), Apr. 16, 1993, 107
    Stat. 60, 65.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of this subsection, referred to in subsecs.
    (b)(1)(A) and (c), is the date 180 days after Apr. 16, 1993.
      This title, referred to in subsec. (i)(1), is unidentifiable
    because act Dec. 29, 1916, does not contain titles.
      The Mineral Leasing Act, referred to in subsec. (p)(1), is act
    Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which is
    classified generally to chapter 3A (Sec. 181 et seq.) of Title 30,
    Mineral Lands and Mining. For complete classification of this Act
    to the Code, see Short Title note set out under section 181 of
    Title 30 and Tables.
      The Geothermal Steam Act of 1970, referred to in subsec. (p)(2),
    is Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, as amended, which
    is classified principally to chapter 23 (Sec. 1001 et seq.) of
    Title 30. For complete classification of this Act to the Code, see
    Short Title note set out under section 1001 of Title 30 and Tables.
      The Materials Act of 1947, referred to in subsec. (p)(3), is act
    July 31, 1947, ch. 406, 61 Stat. 681, as amended, which is
    classified generally to subchapter I (Sec. 601 et seq.) of chapter
    15 of Title 30. For complete classification of this Act to the
    Code, see Short Title note set out under section 601 of Title 30
    and Tables.

-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-23 designated existing provisions as subsec.
    (a), inserted heading, and added subsecs. (b) to (p).

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Section 1(c) of Pub. L. 103-23 provided that: "The amendments
    made by this Act [amending this section] shall take effect 180 days
    after the date of enactment [Apr. 16, 1993]."

                                REGULATIONS                            
      Section 1(d) of Pub. L. 103-23 provided that: "The Secretary of
    the Interior shall issue final regulations to implement the
    amendments made by this Act [amending this section] not later than
    the effective date of this Act [see Effective Date of 1993
    Amendment note above]. Failure to promulgate these regulations by
    reason of any appeal or judicial review shall not delay the
    effective date as specified in paragraph (c)."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Words "officer designated by the Secretary of the Interior"
    substituted for "register" and "Secretary of the Interior or such
    officer as he may designate" substituted for "Commissioner of the
    General Land Office" on authority of section 403 of Reorg. Plan No.
    3 of 1946. See note set out under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-MISC2-
              REPORT TO CONGRESS ON FOREIGN MINERAL INTERESTS          
      Section 2 of Pub. L. 103-23 directed Secretary of the Interior to
    submit report to Congress within 2 years after Apr. 16, 1993, on
    acquisition of mineral interests made after such date by foreign
    firms on lands subject to this section.

-FOOTNOTE-
    (!1) So in original. Probably should be subsection "(b)(1)(B)".

               

    (!2) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 300                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-
    Sec. 300. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.
      21, 1976, 90 Stat. 2792

-MISC1-
      Section, acts Dec. 29, 1916, ch. 9, Sec. 10, 39 Stat. 865; Jan.
    29, 1929, ch. 114, 45 Stat. 1144, set forth provisions authorizing
    reservation of land containing water holes.

                         EFFECTIVE DATE OF REPEAL                     
      Section 704(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 301                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-
    Sec. 301. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to make all necessary
    rules and regulations in harmony with the provisions and purposes
    of this subchapter for the purpose of carrying the same into
    effect.

-SOURCE-
    (Dec. 29, 1916, ch. 9, Sec. 11, 39 Stat. 865.)

-End-

-CITE-
    43 USC Sec. 302                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-
    Sec. 302. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,
      1976, 90 Stat. 2787

-MISC1-
      Section, act Mar. 4, 1923, ch. 245, Sec. 2, 42 Stat. 1445,
    related to additional entries, and lands in national forests.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-