Elk City mining news. (Elk City, Idaho) 1903-1913, 1912-08-08
Interior DEPARTMENT HAS
JUST ISSUED These
REGULATIONS.
Privilege of Communication Is Not
Affected Except That Entryman Must
Be a Citizen of U. S., Not Merely a
Declaration of Intenticn-Specifc
Cultivation Must Be Shown.

The interior department has Just is
sued the new rules and regulations
under which the Borah homestead bill,
providing for but three years resi-
dence on claims, will be exercised. The
office has forwarded to every entryman
a copy of the act, which was passed
June 6, 1912, and will post the instruc
tons.
The full set of rulings follows:
81. The period of residence is re-
duced from five years to three, the
credit to begin, however, from the es-
Enlistment of actual residence upon the
land; proof must be submitted within
five years from the date of entry.
"2. Cultivation for three years,
counting from date of entry, is required,
including actual cultivation of not less
than one-sixteenth of the area begin
ming with the second year and not less
than one-eighth beginning with the
third year and until final proof. Till
age of the soil is required; mere
breaking of the soil is not sufficient,
but this must be accompanied by plant
ing or sowing of seed. Grazing is not
accepted, except with respect to certain
lands opened to entry under special acts
providing therefor. Except as to GER
tain lands in Idaho and Utah hereafter
mentioned, the cultivation required is
the same on entries under the enlarged
acts as ON ordinary entries; that is, the
cultivation of the former heretofore
required) is reduced by half.
Reduce Area.
"3. The secretary of the interior is
authorized to reduce the required area
of CIVILIZATIONS; this will not be done on
account of the physical or financial dis
abilities or misfortunes of the entry
men, but only where exaction of Guilt
walton to the statutory proportion is
unreasonable under the peculiar condl-
tions governing the lands. The entry
man must make application for the re-
duction during the first year of his
entry. Forms will be furnished for that
purpose These applications are pri-
marily passed upon by the general land
office, but the ultimate decision thereon
rests with the secretary of the interior.
"a. After residence upon the land
for one year, soldiers and sailors who
served in time of war may have credit
for the period of their service. They
must, however, show cultivation of not
less than one-eighth of the area for at
least one year.
Extend the Time.
"5. The general land Office is au-
thorized to extend for not more than
six months the ordinary period OF SIX
months allowed for the establishment
of residence, on account of climatic con
ditions, sickness or other unavoidable
cause. Applications for this relief Will
not be considered in advance, but the
homesteader IS rights will be adJudlcateo
when the question is raised. The home
steader is required to go upon the lano
when the hindering cause is removed.
"6. The entryman may absent him
self for one continuous period OF MOI
more than five months in each year FOL
lowing establishment of his residence
but he must show bona fide continuou'
residence during the remaining portions
of the three-year period. Two nve
months periods of absence immediately
succeeding each other, though IN DINER
ent years of entry, will not be allowed
six months absence renders the entry
subject to contest Moreover, in consid
ering either final proof or contests, ex
tended periods of absence are respected
only where notice has been given to tn
local land Office of the beginning OF TN
intended absence and also notice OF thu
homesteader's return. The acts alio"
ING leave of absence to be granted o.
the local land officers have not peei
repealed.
Is Not Affected.
"7. The privilege of communication
(wbere it heretofore existed) is not al
fected nv the new act, except that tn
on+rvman must be a citizen OF Tn
Tinted States, and the old practlce un
der which communication was allowed o
nersons who had merely declared thel
intention of becoming citizens is nov
abrogated as to all ENTREES
us Where a homestead entryma
dies his widow or other statutory sue
cessors NAV make up the three-yea
neriod by adding together the perio
5,,r;no which the entryman compile
rr;th The law and the period durin
which they cultivated the iand' res
dence not being required of them. How
ever IL the entryman himself has no