dreamproit/uscode huggingface dataset:
(Title 50 Appendix)
§ 549. Review of findings of fact and conclusions of law
The findings of fact and conclusions of law made by the Secretary of Veterans Affairs in administering this title [sections 541 to 549 of this Appendix] are subject to review on appeal to the Board of Veterans’ Appeals pursuant to chapter 71 of title 38, United States Code, and to judicial review only as provided in chapter 72 of such title.
(Oct. 17, 1940, ch. 888, title IV, § 409, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2854.)
heading: Prior Provisions
text: Prior sections 549 to 554 of this Appendix were omitted in the general amendment of article IV of this Act by act Oct. 6, 1942, ch. 581, § 13, 56 Stat. 773.
Section 549, act Oct. 17, 1940, ch. 888, art. IV, § 409, 54 Stat. 1185, related to deduction of unpaid premiums from proceeds of policies.
Section 550, act Oct. 17, 1940, ch. 888, art. IV, § 410, 54 Stat. 1185, related to lapsing of policy for failure to pay past due premiums upon termination of service.
Section 551, act Oct. 17, 1940, ch. 888, art. IV, § 411, 54 Stat. 1185, related to accounts stated between insurers and United States.
Section 552, act Oct. 17, 1940, ch. 888, art. IV, § 412, 54 Stat. 1185, related to payment of balances due insurers by Secretary of the Treasury.
Section 553, act Oct. 17, 1940, ch. 888, art. IV, § 413, 54 Stat. 1186, related to policies excepted from application of article.
Section 554, act Oct. 17, 1940, ch. 888, art. IV, § 414, 54 Stat. 1186, related to insurers within application of article.
(Title 50 Appendix)
§ 561. Taxes respecting personal property, money, credits, and real property
(a) Application
This section applies in any case in which a tax or assessment, whether general or special (other than a tax on personal income), falls due and remains unpaid before or during a period of military service with respect to a servicemember’s—
(1) personal property (including motor vehicles); or
(2) real property occupied for dwelling, professional, business, or agricultural purposes by a servicemember or the servicemember’s dependents or employees—
(A) before the servicemember’s entry into military service; and
(B) during the time the tax or assessment remains unpaid.
(b) Sale of property
(1) Limitation on sale of property to enforce tax assessment
Property described in subsection (a) may not be sold to enforce the collection of such tax or assessment except by court order and upon the determination by the court that military service does not materially affect the servicemember’s ability to pay the unpaid tax or assessment.
(2) Stay of court proceedings
A court may stay a proceeding to enforce the collection of such tax or assessment, or sale of such property, during a period of military service of the servicemember and for a period not more than 180 days after the termination of, or release of the servicemember from, military service.
(c) Redemption
When property described in subsection (a) is sold or forfeited to enforce the collection of a tax or assessment, a servicemember shall have the right to redeem or commence an action to redeem the servicemember’s property during the period of military service or within 180 days after termination of or release from military service. This subsection may not be construed to shorten any period provided by the law of a State (including any political subdivision of a State) for redemption.
(d) Interest on tax or assessment
Whenever a servicemember does not pay a tax or assessment on property described in subsection (a) when due, the amount of the tax or assessment due and unpaid shall bear interest until paid at the rate of 6 percent per year. An additional penalty or interest shall not be incurred by reason of nonpayment. A lien for such unpaid tax or assessment may include interest under this subsection.
(e) Joint ownership application
This section applies to all forms of property described in subsection (a) owned individually by a servicemember or jointly by a servicemember and a dependent or dependents.
(Oct. 17, 1940, ch. 888, title V, § 501, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2854.)
heading: Prior Provisions
text: A prior section 561, act Oct. 17, 1940, ch. 888, art. V, § 501, 54 Stat. 1187, related to rights in public lands and grazing lands, prior to the general amendment of this Act by Pub. L. 108–189. See section 562 of this Appendix.
(Title 50 Appendix)
§ 562. Rights in public lands
(a) Rights not forfeited
The rights of a servicemember to lands owned or controlled by the United States, and initiated or acquired by the servicemember under the laws of the United States (including the mining and mineral leasing laws) before military service, shall not be forfeited or prejudiced as a result of being absent from the land, or by failing to begin or complete any work or improvements to the land, during the period of military service.
(b) Temporary suspension of permits or licenses
If a permittee or licensee under the Act of June 28, 1934 (43 U.S.C. 315 et seq.), enters military service, the permittee or licensee may suspend the permit or license for the period of military service and for 180 days after termination of or release from military service.
(c) Regulations
Regulations prescribed by the Secretary of the Interior shall provide for such suspension of permits and licenses and for the remission, reduction, or refund of grazing fees during the period of such suspension.
(Oct. 17, 1940, ch. 888, title V, § 502, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2855.)
heading: References in Text
text: Act of June 28, 1934, referred to in subsec. (b), is act June 28, 1934, ch. 865, 48 Stat. 1269, as amended, popularly known as the Taylor Grazing Act, which is classified principally to subchapter I (§ 315 et seq.) of chapter 8A of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 315 of Title 43 and Tables.
heading: Prior Provisions
text: A prior section 562, act Oct. 17, 1940, ch. 888, art. V, § 502, 54 Stat. 1187, related to homestead entries and settlement claims, prior to the general amendment of this Act by Pub. L. 108–189.
(Title 50 Appendix)
§ 563. Desert-land entries
(a) Desert-land rights not forfeited
A desert-land entry made or held under the desert-land laws before the entrance of the entryman or the entryman’s successor in interest into military service shall not be subject to contest or cancellation—
(1) for failure to expend any required amount per acre per year in improvements upon the claim;
(2) for failure to effect the reclamation of the claim during the period the entryman or the entryman’s successor in interest is in the military service, or for 180 days after termination of or release from military service; or
(3) during any period of hospitalization or rehabilitation due to an injury or disability incurred in the line of duty.
The time within which the entryman or claimant is required to make such expenditures and effect reclamation of the land shall be exclusive of the time periods described in paragraphs (2) and (3).
(b) Service-related disability
If an entryman or claimant is honorably discharged and is unable to accomplish reclamation of, and payment for, desert land due to a disability incurred in the line of duty, the entryman or claimant may make proof without further reclamation or payments, under regulations prescribed by the Secretary of the Interior, and receive a patent for the land entered or claimed.
(c) Filing requirement
In order to obtain the protection of this section, the entryman or claimant shall, within 180 days after entry into military service, cause to be filed in the land office of the district where the claim is situated a notice communicating the fact of military service and the desire to hold the claim under this section.
(Oct. 17, 1940, ch. 888, title V, § 503, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2856.)
heading: Prior Provisions
text: A prior section 563, act Oct. 17, 1940, ch. 888, art. V, § 503, 54 Stat. 1187, related to death or incapacity during or resulting from service as affecting rights and perfection of rights, prior to the general amendment of this Act by Pub. L. 108–189. See section 566 of this Appendix.
(Title 50 Appendix)
§ 564. Mining claims
(a) Requirements suspended
The provisions of section 2324 of the Revised Statutes of the United States (30 U.S.C. 28) specified in subsection (b) shall not apply to a servicemember’s claims or interests in claims, regularly located and recorded, during a period of military service and 180 days thereafter, or during any period of hospitalization or rehabilitation due to injuries or disabilities incurred in the line of duty.
(b) Requirements
The provisions in section 2324 of the Revised Statutes that shall not apply under subsection (a) are those which require that on each mining claim located after May 10, 1872, and until a patent has been issued for such claim, not less than $100 worth of labor shall be performed or improvements made during each year.
(c) Period of protection from forfeiture
A mining claim or an interest in a claim owned by a servicemember that has been regularly located and recorded shall not be subject to forfeiture for nonperformance of annual assessments during the period of military service and for 180 days thereafter, or for any period of hospitalization or rehabilitation described in subsection (a).
(d) Filing requirement
In order to obtain the protections of this section, the claimant of a mining location shall, before the end of the assessment year in which military service is begun or within 60 days after the end of such assessment year, cause to be filed in the office where the location notice or certificate is recorded a notice communicating the fact of military service and the desire to hold the mining claim under this section.
(Oct. 17, 1940, ch. 888, title V, § 504, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2856.)
heading: Prior Provisions
text: A prior section 564, acts Oct. 17, 1940, ch. 888, art. V, § 504, 54 Stat. 1187; Pub. L. 102–12, § 9(19), Mar. 18, 1991, 105 Stat. 40, related to desert-land entries and the suspension of requirements, prior to the general amendment of this Act by Pub. L. 108–189. See section 563 of this Appendix.
(Title 50 Appendix)
§ 565. Mineral permits and leases
(a) Suspension during military service
A person holding a permit or lease on the public domain under the Federal mineral leasing laws who enters military service may suspend all operations under the permit or lease for the duration of military service and for 180 days thereafter. The term of the permit or lease shall not run during the period of suspension, nor shall any rental or royalties be charged against the permit or lease during the period of suspension.
(b) Notification
In order to obtain the protection of this section, the permittee or lessee shall, within 180 days after entry into military service, notify the Secretary of the Interior by registered mail of the fact that military service has begun and of the desire to hold the claim under this section.
(c) Contract modification
This section shall not be construed to supersede the terms of any contract for operation of a permit or lease.
(Oct. 17, 1940, ch. 888, title V, § 505, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2857.)
heading: Prior Provisions
text: A prior section 565, act Oct. 17, 1940, ch. 888, art. V, § 505, 54 Stat. 1188; Pub. L. 102–12, § 9(20), Mar. 18, 1991, 105 Stat. 41, related to mining claims and the suspension of requirements, prior to the general amendment of this Act by Pub. L. 108–189. See section 564 of this Appendix.
(Title 50 Appendix)
§ 566. Perfection or defense of rights
(a) Right to take action not affected
This title [sections 561 to 571 of this Appendix] shall not affect the right of a servicemember to take action during a period of military service that is authorized by law or regulations of the Department of the Interior, for the perfection, defense, or further assertion of rights initiated or acquired before entering military service.
(b) Affidavits and proofs
(1) In general
A servicemember during a period of military service may make any affidavit or submit any proof required by law, practice, or regulation of the Department of the Interior in connection with the entry, perfection, defense, or further assertion of rights initiated or acquired before entering military service before an officer authorized to provide notary services under section 1044a of title 10, United States Code, or any superior commissioned officer.
(2) Legal status of affidavits
Such affidavits shall be binding in law and subject to the same penalties as prescribed by section 1001 of title 18, United State 1 Code.
(Oct. 17, 1940, ch. 888, title V, § 506, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2857.)
heading: Prior Provisions
text: A prior section 566, acts Oct. 17, 1940, ch. 888, art. V, § 506, 54 Stat. 1188; Pub. L. 102–12, § 9(21), Mar. 18, 1991, 105 Stat. 41, related to mineral permits and leases and the suspension of operations and term of permits and leases, prior to the general amendment of this Act by Pub. L. 108–189. See section 565 of this Appendix.
(Title 50 Appendix)
§ 567. Distribution of information concerning benefits of title
(a) Distribution of information by Secretary concerned
The Secretary concerned shall issue to servicemembers information explaining the provisions of this title [sections 561 to 571 of this Appendix].
(b) Application forms
The Secretary concerned shall provide application forms to servicemembers requesting relief under this title [sections 561 to 571 of this Appendix].
(c) Information from Secretary of the Interior
The Secretary of the Interior shall furnish to the Secretary concerned information explaining the provisions of this title [sections 561 to 571 of this Appendix] (other than sections 501, 510, and 511) [sections 561, 570, and 571 of this Appendix] and related application forms.
(Oct. 17, 1940, ch. 888, title V, § 507, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2857.)
heading: Prior Provisions
text: A prior section 567, acts Oct. 17, 1940, ch. 888, art. V, § 507, 54 Stat. 1188; Pub. L. 102–12, § 9(22), Mar. 18, 1991, 105 Stat. 41, related to right to take action for perfection and defense of rights as unaffected, and affidavits and proofs, prior to the general amendment of this Act by Pub. L. 108–189. See section 566 of this Appendix.
(Title 50 Appendix)
§ 568. Land rights of servicemembers
(a) No age limitations
Any servicemember under the age of 21 in military service shall be entitled to the same rights under the laws relating to lands owned or controlled by the United States, including mining and mineral leasing laws, as those servicemembers who are 21 years of age.
(b) Residency requirement
Any requirement related to the establishment of a residence within a limited time shall be suspended as to entry by a servicemember in military service or the spouse of such servicemember until 180 days after termination of or release from military service.
(c) Entry applications
Applications for entry may be verified before a person authorized to administer oaths under section 1044a of title 10, United States Code, or under the laws of the State where the land is situated.
(Oct. 17, 1940, ch. 888, title V, § 508, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2857; amended Pub. L. 111–97, § 4(a), Nov. 11, 2009, 123 Stat. 3008.)
heading: Prior Provisions
text: A prior section 568, act Oct. 17, 1940, ch. 888, art. V, § 508, 54 Stat. 1189, related to irrigation rights and suspension of residence requirements, prior to the general amendment of this Act by Pub. L. 108–189.
heading: Amendments
text: 2009—Subsec. (b). Pub. L. 111–97 inserted “or the spouse of such servicemember” after “a servicemember in military service”.
heading: Effective Date of 2009 Amendment
text: Pub. L. 111–97, § 4(b), Nov. 11, 2009, 123 Stat. 3008, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to servicemembers in military service (as defined in section 101 of such Act (50 U.S.C. App. 511)) on or after the date of the enactment of this Act [Nov. 11, 2009].”
(Title 50 Appendix)
§ 569. Regulations
The Secretary of the Interior may issue regulations necessary to carry out this title [sections 561 to 571 of this Appendix] (other than sections 501, 510, and 511) [sections 561, 570, and 571 of this Appendix].
(Oct. 17, 1940, ch. 888, title V, § 509, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2858.)
heading: Prior Provisions
text: A prior section 569, acts Oct. 17, 1940, ch. 888, art. V, § 509, 54 Stat. 1189; Oct. 6, 1942, ch. 581, § 15, 56 Stat. 776, related to distribution of information concerning benefits of tax and public lands provisions and forms, prior to the general amendment of this Act by Pub. L. 108–189. See section 567 of this Appendix.
(Title 50 Appendix)
§ 570. Income taxes
(a) Deferral of tax
Upon notice to the Internal Revenue Service or the tax authority of a State or a political subdivision of a State, the collection of income tax on the income of a servicemember falling due before or during military service shall be deferred for a period not more than 180 days after termination of or release from military service, if a servicemember’s ability to pay such income tax is materially affected by military service.
(b) Accrual of interest or penalty
No interest or penalty shall accrue for the period of deferment by reason of nonpayment on any amount of tax deferred under this section.
(c) Statute of limitations
The running of a statute of limitations against the collection of tax deferred under this section, by seizure or otherwise, shall be suspended for the period of military service of the servicemember and for an additional period of 270 days thereafter.
(d) Application limitation
This section shall not apply to the tax imposed on employees by section 3101 of the Internal Revenue Code of 1986 [26 U.S.C. 3101].
(Oct. 17, 1940, ch. 888, title V, § 510, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2858.)
heading: Prior Provisions
text: A prior section 570, acts Oct. 17, 1940, ch. 888, art. V, § 510, 54 Stat. 1189; Pub. L. 102–12, § 9(23), Mar. 18, 1991, 105 Stat. 41, related to homestead entrymen permitted to leave entries to perform farm labor, prior to the general amendment of this Act by Pub. L. 108–189.
(Title 50 Appendix)
§ 581. Inappropriate use of Act
If a court determines, in any proceeding to enforce a civil right, that any interest, property, or contract has been transferred or acquired with the intent to delay the just enforcement of such right by taking advantage of this Act [sections 501 to 515 and 516 to 597b of this Appendix], the court shall enter such judgment or make such order as might lawfully be entered or made concerning such transfer or acquisition.
(Oct. 17, 1940, ch. 888, title VI, § 601, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2859.)
heading: Prior Provisions
text: A prior section 581, acts Oct. 17, 1940, ch. 888, art. VI, § 601, 54 Stat. 1190; Jan. 20, 1942, ch. 10, §§ 1, 2, 56 Stat. 10; Pub. L. 102–12, § 9(26), Mar. 18, 1991, 105 Stat. 41, related to certificates of service and persons reported missing, prior to the general amendment of this Act by Pub. L. 108–189. See section 582 of this Appendix.
(Title 50 Appendix)
§ 582. Certificates of service; persons reported missing
(a) Prima facie evidence
In any proceeding under this Act [sections 501 to 515 and 516 to 597b of this Appendix], a certificate signed by the Secretary concerned is prima facie evidence as to any of the following facts stated in the certificate:
(1) That a person named is, is not, has been, or has not been in military service.
(2) The time and the place the person entered military service.
(3) The person’s residence at the time the person entered military service.
(4) The rank, branch, and unit of military service of the person upon entry.
(5) The inclusive dates of the person’s military service.
(6) The monthly pay received by the person at the date of the certificate’s issuance.
(7) The time and place of the person’s termination of or release from military service, or the person’s death during military service.
(b) Certificates
The Secretary concerned shall furnish a certificate under subsection (a) upon receipt of an application for such a certificate. A certificate appearing to be signed by the Secretary concerned is prima facie evidence of its contents and of the signer’s authority to issue it.
(c) Treatment of servicemembers in missing status
A servicemember who has been reported missing is presumed to continue in service until accounted for. A requirement under this Act [sections 501 to 515 and 516 to 597b of this Appendix] that begins or ends with the death of a servicemember does not begin or end until the servicemember’s death is reported to, or determined by, the Secretary concerned or by a court of competent jurisdiction.
(Oct. 17, 1940, ch. 888, title VI, § 602, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2859.)
heading: Prior Provisions
text: A prior section 582, act Oct. 17, 1940, ch. 888, art. VI, § 602, 54 Stat. 1191, related to revocation of interlocutory orders, prior to the general amendment of this Act by Pub. L. 108–189. See section 583 of this Appendix.
(Title 50 Appendix)
§ 583. Interlocutory orders
An interlocutory order issued by a court under this Act [sections 501 to 515 and 516 to 597b of this Appendix] may be revoked, modified, or extended by that court upon its own motion or otherwise, upon notification to affected parties as required by the court.
(Oct. 17, 1940, ch. 888, title VI, § 603, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2860.)
heading: Prior Provisions
text: Prior sections 583 to 585 were omitted in the general amendment of this Act by Pub. L. 108–189.
Section 583, act Oct. 17, 1940, ch. 888, art. VI, § 603, 54 Stat. 1191, related to separability.
Section 584, acts Oct. 17, 1940, ch. 888, art. VI, § 604, 54 Stat. 1191; Pub. L. 102–12, § 9(27), Mar. 18, 1991, 105 Stat. 41, related to termination date.
Section 585, act Oct. 17, 1940, ch. 888, art. VI, § 605, 54 Stat. 1191, related to the inapplicability of the Soldiers’ and Sailors’ Relief Act of 1918 (section 101 et seq. of this Appendix), to military service performed after Oct. 17, 1940.
(Title 50 Appendix)
§ 592. Power of attorney
(a) Automatic extension
A power of attorney of a servicemember shall be automatically extended for the period the servicemember is in a missing status (as defined in section 551(2) of title 37, United States Code) if the power of attorney—
(1) was duly executed by the servicemember—
(A) while in military service; or
(B) before entry into military service but after the servicemember—
(i) received a call or order to report for military service; or
(ii) was notified by an official of the Department of Defense that the person could receive a call or order to report for military service;
(2) designates the servicemember’s spouse, parent, or other named relative as the servicemember’s attorney in fact for certain, specified, or all purposes; and
(3) expires by its terms after the servicemember entered a missing status.
(b) Limitation on power of attorney extension
A power of attorney executed by a servicemember may not be extended under subsection (a) if the document by its terms clearly indicates that the power granted expires on the date specified even though the servicemember, after the date of execution of the document, enters a missing status.
(Oct. 17, 1940, ch. 888, title VII, § 702, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2861.)
heading: Prior Provisions
text: A prior section 592, act Oct. 17, 1940, ch. 888, art. VII, § 702, as added Pub. L. 102–12, § 4, Mar. 18, 1991, 105 Stat. 34; amended Pub. L. 104–106, div. A, title XV, § 1501(e)(3), Feb. 10, 1996, 110 Stat. 501, related to professional liability protection for certain persons ordered to active duty in armed forces, prior to the general amendment of this Act by Pub. L. 108–189. See section 593 of this Appendix.