United States Code

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. (June 22, 1948, ch. 605, § 2, 62 Stat.

576.)

LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED ENTRIES

§ 211. Limitation of amount of homestead entry. Except as otherwise provided, no person shall be permitted to acquire title to more than one-quarter section under the provisions of sections 161 to 164, 169, 171, 173, 175, 183, 184, 191, 201, 211, 239, 254, 255, 271, 272, 274, 277 and 278 of this title. (R.S. § 2298.)

DERIVATION

Act May 20, 1862, ch. 75, § 6, 12 Stat. 393.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 173, 184, 191, 201, 255, 271 of this title.

§ 212. Limitation of aggregate amount of entries.

No person who shall enter upon any of the public lands with a view to occupation, entry, or settlement under any of the land laws shall be permitted to acquire title to more than three hundred and twenty acres in the aggregate, except as otherwise provided, under all of said laws, but this limitation shall not operate to curtail the right of any person who has before August 30, 1890, made entry or settlement on the public lands, or whose occupation, entry, or settlement is validated by Act of August 30, 1890 (chapter 837, 26 Statutes 391).

The above provisions of this section shall be construed to include in the maximum amount of lands the title to which is permitted to be acquired by one person only agricultural lands and not to include lands entered or sought to be entered under mineral land laws. (Aug. 30, 1890, ch. 837, § 1, 26 Stat. 391; Mar. 3, 1891, ch. 561, § 17, 26 Stat. 1101.)

CROSS REFERENCES

Sale of isolated or disconnected tracts of public lands to be sold notwithstanding this section, see section 1171 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1171 of this title. § 213. Additional entry on land contiguous to former entry of less than quarter section.

Any homestead settler who has heretofore entered, or may hereafter enter, less than one-quarter section of land, may enter other and additional land lying contiguous to the original entry which shall not, with the land first entered and occupied, exceed in the aggregate one hundred and sixty acres.

Before a patent may issue on the additional entry, the entryman must show that he has cultivated an amount equal to one-eighth of the area of the additional entry for at least one year after the additional entry and until the submission of final proof thereon. The cultivation required with respect to the additional entry may be performed on the original entry, the additional entry or on both, but where it is performed on the original entry, it must be in addition to that required and relied upon in making final

proof on the original entry. No proof of residence shall be required with respect to the additional entry.

The additional entry may be made before or after final proof has been made on the original entry. Final proof for the additional entry may be submitted only at the time of final proof for the original entry, or subsequent thereto, but must be submitted within five years after the additional entry is made.

This section shall not apply to or for the benefit of any person who does not own and occupy the lands covered by the originial entry. If the original entry should fail for any reason prior to patent, or should appear to be illegal or fraudulent, the additional entry shall not be permitted, or, if having been initiated, shall be canceled. (Apr. 28, 1904, ch. 1776, §§ 2, 3, 33 Stat. 527; Aug. 3, 1950, ch. 521, 64 Stat. 398.)

AMENDMENTS

1950-Act Aug. 3, 1950 required cultivation for at least 1 year of an area equal to % of the additional entry. § 214. Additional entry; after final proof on entry of less than quarter section.

Every person entitled, under the provisions of the homestead laws, to enter a homestead, who has prior to March 2, 1889, complied with or who shall thereafter comply with the conditions of said laws, and who shall have made his final proof thereunder for a quantity of land less than one hundred and sixty acres and received the final receipt therefor, shall be entitled under said laws to enter as a personal right, and not assignable, by legal subdivisions of the public lands of the United States subject to homestead entry, so much additional land as added to the quantity previously so entered by him shall not exceed one hundred and sixty acres: Provided, That in no case shall patent issue for the land covered by such additional entry until the person making such additional entry shall have actually and in conformity with the homstead laws resided upon and cultivated the lands so additionally entered and otherwise fully complied with such laws: Provided also, That this section shall not be construed as affecting any rights as to location of soldiers' certifilcates issued, prior to March 2, 1889, under section 274 of this title. (Mar. 2, 1889, ch. 381, § 6, 25 Stat. 854; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) TRANSFER OF FUNCTIONS

Word "register's" preceding "final receipt" was omitted by section 403 of 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

§ 215. Additional entry after patent on entry for less than quarter section.

Any person otherwise qualified who has obtained title under the homestead laws to less than one quarter section of land may make entry and obtain title under the provisions for enlarged homesteads, for such an area of public land as will, when one-half of such area is added to the area of the lands to which he has already obtained title, not exceed one quarter section: Provided, That this section shall not be construed to apply to soldiers' additional homestead entries made under section 274 of this title, or Acts amendatory thereof or supplemental thereto. (Feb. 20, 1917, ch. 98, 39 Stat. 925.)

§ 216. Validation of additional entry after patent.

All homestead entries pending on March 4, 1921, made in good faith prior to January 1, 1916, under the provisions of the enlarged homestead laws, and all rights to enter land under said laws, based on settlement made thereon in good faith before said date, and while the land was unsurveyed, by persons who, before making such enlarged homestead entry, had acquired title to land under the homestead laws, and therefore were not qualified to make an enlarged homestead entry, or such settlement, are validated, if in all other respects regular, in all cases where the original homestead entry was for less than one hundred and sixty acres of land: Provided, That no settlement claim shall be validated where adverse claim for the land has been initiated before March 4, 1921. (Mar. 4, 1921, ch. 162, § 1, 41 Stat. 1433.)

§ 217. Additional entry after commutation of former entry.

Any person who has, prior to June 5, 1900, made entry under the homestead laws and commuted same under provisions of section 173 of this title, shall be entitled to the benefits of the homestead laws, as though such former entry had not been made, except that commutation under the provisions of said section, shall not be allowed of an entry made under this section. (June 5, 1900, ch. 716, § 2, 31 Stat. 269.)

§ 218. Enlarged entries of certain nonmineral, nonirrigable lands in certain States.

(a) Lands which may be entered; by whom.

Any person who is a qualified entryman under the homestead laws of the United States may enter, by legal subdivisions, under the provisions of this section, in the States of Arizona, California, Colorado, Kansas, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming, three hundred and twenty acres, or less, of nonmineral, nonirrigable, unreserved, and unappropriated surveyed public lands which do not contain merchantable timber, located in a reasonably compact body, and not over one and one-half miles in extreme length: Provided, That no lands shall be subject to entry under the provisions of this section until such lands shall have been designated by the Secretary of the Interior as not being, in his opinion, susceptible of successful irrigation at a reasonable cost from any known source of water supply.

(b) Applications; affidavits; fees.

Any person applying to enter land under the provisions of this section shall make and subscribe before the proper officer an affidavit as required by section 162 of this title and in addition thereto shall make affidavit that the land sought to be entered is of the character described in subsection (a) of this section, and shall pay the fees required to be paid under the homestead laws.

Any person who has made, or shall make, homestead entry of lands of the character herein described, and who has not submitted final proof thereon, or who having submitted final proof still owns and occupies the land thus entered, shall have the right to enter public lands, subject to the pro

visions of this section, contiguous to his first entry, which shall not, together with the original entry, exceed three hundred and twenty acres: Provided, That the land originally entered and that covered by the additional entry shall have first been designated as subject to this section, as provided by subsection (a) of this section.

(d) Proof of cultivation; final proofs on additional entries.

At the time of making final proof, as provided in section 164 of this title, the entryman under this section shall, in addition to the proofs and affidavits required under said section prove by himself and two credible witnesses that at least onesixteenth of the area embraced in such entry was continuously cultivated for agricultural crops other than native grasses, beginning with the second year of the entry, and that at least one-eighth of the area embraced in the entry was so continuously cultivated beginning with the third year of the entry: Provided, That any qualified person who has prior to February 19, 1909, made, or who thereafter makes, additional entry under the provisions of subsection (c) of this section to an entry upon which final proof has not been made, may be allowed to perfect title to his original entry by showing compliance with the provisions of section 164 of this title, respecting such original entry, and thereafter in making proof upon his additional entry shall be credited with residence maintained upon his original entry from date of such original entry, but the cultivation required upon entries made under this section must be shown respecting such additional entry, which cultivation, while it may be made upon either the original or additional entry or upon both entries, must be cultivation in addition to that relied upon and used in making proof upon the original entry; or, if he elects, his original and additional entries may be considered as one, with full credit for residence upon and improvements made upon his original entry, in which event the amount of cultivation herein required shall apply to the total area of the combined entry, and proof may be made upon such combined entry whenever it can be shown that the cultivation required by this section has been performed; and to this end the time within which proof must be made upon such a combined entry is extended to seven years from the date of the original entry: Provided further, That where an entry is made as additional to an entry upon which final proof has theretofore been submitted by an entryman who still owns and occupies the land thus entered, the entryman in making proof upon his additional entry shall be credited with residence maintained upon his original entry from date thereof, but the cultivation required upon entries made under this section must be shown respecting such additional entry and must be performed upon the land included therein to the extent and for the period required in connection with the original entries under this section, proof of which must be submitted within five years from and after the date of the additional entry: Provided further, That nothing herein contained shall be so construed as to require residence upon the combined entry in

excess of the period of residence as required by section 164 of this title.

(e) Other rights of entry not affected.

Nothing in this section contained shall be held to affect the right of a qualified entryman to make homestead entry in the States named in subsection (a) of this section under the provisions of section 161 of this title, but no person who has made entry under this section shall be entitled to make homestead entry under the provisions of section 161 of this title and no entry made under this section shall be commuted.

(f) Lands in Utah without domestic water supply designated; residence and cultivation. Whenever the Secretary of the Interior shall find that any tracts of land, in the State of Utah, subject to entry under this section, do not have upon them such a sufficient supply of water suitable for domestic purposes as would make continuous residence upon the lands possible, he may, in his discretion, designate such tracts of land, not to exceed in the aggregate 2,000,000 acres, and thereafter they shall be subject to entry under this section without the necessity of residence: Provided, That in such event the entryman on any such entry shall in good faith cultivate not less than one-eighth of the entire area of the entry during the second year, one-fourth during the third year, and one-half during the fourth and fifth years after the date of such entry, and that after entry and until final proof the entryman shall reside within such distance of said land as will enable him successfully to farm the same as required by this paragraph.

(g) Noncontiguous lands; occupancy and improvements; soldiers' additional homesteads.

Any person who has made or shall make homestead entry of less than three hundred and twenty acres of lands of the character described, in this section, and who shall have submitted final proof thereon, shall have the right to enter public lands subject to the provisions of this section, not contiguous to his first entry, which shall not with the original entry exceed three hundred and twenty acres: Provided, That the land originally entered and that covered by the additional entry shall first have been designated as subject to this section as provided by subsection (a) of this section: Provided further, That in no case shall patent issue for the land covered by such additional entry until the person making same shall have tually and in conformity with the homestead laws resided upon and cultivated the lands so additionally entered, and otherwise complied with such laws, except that where the land embraced in the additional entry is located not exceeding twenty miles from the land embraced in the original entry no residence shall be required on such additional entry if the entryman is residing on his former entry: And provided further, That this section shall not be construed as affecting any rights as to location of soldiers' additional homesteads under section 274 of this title. (Feb. 19, 1909, ch. 160, §§ 1-6, 35 Stat. 639-640; 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, § 2, 38 Stat. 1163; July 3, 1916, ch. 220, 39 Stat. 344.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 164, 166, 219, 220, 222, 223 of this title; title 30 section 83.

§ 219. Enlarged entries of certain nonmineral, nonirrigable lands in Idaho.

(a) Lands which may be entered; by whom.

Any person who is a qualified entryman under the homestead laws of the United States may enter, by legal subdivision, under the provisions of this section, in the State of Idaho, three hundred and twenty acres or less of arid nonmineral, nonirrigable, unreserved, and unappropriated surveyed public lands which do not contain merchantable timber, located in a reasonably compact body and not over one and one-half miles in extreme length: Provided, That no lands shall be subject to entry under the provisions of this section until the lands shall have been designated by the Secretary of the Interior as not being, in his opinion, susceptible of successful irrigation, at a reasonable cost, from any known source of water supply.

(b) Applications; affidavits; fees.

Any person who has made, or shall make, homestead entry of lands of the character described in this section, and who has not submitted final proof thereon, or who, having submitted final proof, still owns and occupies the land thus cntered, shall have the right to enter public lands, subject to the provisions of this section, contiguous to his first entry, which shall not, together with the original entry, exceed three hundred and twenty acres: Provided, That the land originally entered and that covered by the additional entry shall have first been designated as subject to this section, as provided by subsection (a) of this section.

(d) Proof of cultivation; final proofs on additional entries.

At the time of making final proof, as provided in section 164 of this title, the entryman under this section shall, in addition to the proofs and affidavits required under section 164 of this title prove by himself and two credible witnesses that at least one-sixteenth of the area embraced in such entry was continuously cultivated for agricultural crops other than native grasses, beginning with the second year of the entry, and that at least one-eighth of the area embraced in the entry was so continuously cultivated beginning with the third year of the entry: Provided, That any qualified person who has, prior to June 17, 1910, made, or who thereafter makes, additional entry under the provisions of subsection (c) of this section to an entry upon which final proof has not been made, may be allowed to perfect title to his

original entry by showing compliance with the provisions of section 164 of this title, respecting such original entry, and thereafter in making proof upon his additional entry shall be credited with residence maintained upon his original entry from date of such original entry, but the cultivation required upon entries made under this section must be shown respecting such additional entry, which cultivation, while it may be made upon either the original or additional entry or upon both entries, must be cultivation in addition to that relied upon and used in making proof upon the original entry; or, if he elects, his original and additional entries may be considered as one, with full credit for residence upon and improvement made upon his original entry, in which event the amount of cultivation herein required shall apply to the total area of the combined entry, and proof may be made upon such combined entry whenever it can be shown that the cultivation required by this subsection has been performed; and to this end the time within which proof must be made upon such a combined entry is extended to seven years from the date of the original entry: Provided further, That where an entry is made as additional to an entry upon which final proof has theretofore been submitted by an entryman who still owns and occupies the land thus entered, the entryman in making proof upon his additional entry shall be credited with residence maintained upon his original entry from date thereof, but the cultivation required upon entries made under this section must be shown respecting such additional entry and must be performed upon the land included therein to the extent and for the period required in connection with the original entries under this section, proof of which must be submitted within five years from and after the date of the additional entry; Provided further, That nothing herein contained shall be so construed as to require residence upon the combined entry in excess of the period of residence as required by section 164 of this title.

(e) Other rights of entry not affected.

Nothing contained in this section shall be held to affect the right of a qualified entryman to make homestead entry in the State of Idaho under the provisions of section 161 of this title, but no person who has made entry under this section shall be entitled to make homestead entry under the provisions of section 161 of this title, and no entry made under this section shall be commuted.

(f) Lands without domestic water supply designated; residence and cultivation.

Whenever the Secretary of the Interior shall find any tracts of land in the State of Idaho, subject to entry under this section, do not have upon them such a sufficient supply of water suitable for domestic purposes as would make continuous residence upon the lands possible he may, in his discretion, designate such tracts of land, not to exceed in the aggregate one million acres, and thereafter they shall be subject to entry under this section without the necessity of residence upon the land entered: Provided, That the entryman shall in good faith cultivate not less than one-sixteenth of the entire area of the entry which is susceptible of cultivation

during the first year of the entry, not less than oneeighth during the second year, and not less than one-fourth during the third year of the entry and until final proof: Provided further, That after six months from the date of entry and until final proof the entryman shall be a resident of the State of Idaho.

(g) Noncontiguous lands; occupancy and improvements; soldiers' additional homesteads.

Any person who has made or shall make homestead entry of less than three hundred and twenty acres of lands of the character described in this section and who shall have submitted final proof thereon, shall have the right to enter public lands subject to the provisions of this section, not contiguous to his first entry, which shall not with the original entry exceed three hundred and twenty acres: Provided, That the land originally entered and that covered by the additional entry shall first have been designated as subject to this section or section 218 of this title, as provided by subsection (a) of this section and section 218 of this title: Provided further, That in no case shall patent issue for the land covered by such additional entry until the person making same shall have actually and in conformity with the homestead laws resided upon and cultivated the lands so additionally entered, and otherwise complied with such laws, except that where the land embraced in the additional entry is located not exceeding twenty miles from the land embraced in the original entry no residence shall be required on such additional entry if the entryman is residing on his former entry: And provided further, That this section shall not be construed as affecting any rights as to location of soldiers' additional homesteads under section 274 of this title. (June 17, 1910, ch. 298, §§ 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, § 10, 40 Stat. 275.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166, 220, 222, 223 of this title.

§ 220. Applications for entry of lands not designated as subject to entry and for additional entry of contiguous land.

Where any person qualified to make entry under the provisions of sections 218 and 219 of this title shall make application to enter under the provisions of said sections any unappropriated public land in any State affected thereby which has not been designated as subject to entry under the section (provided said application is accompanied and supported by properly corroborated affidavit of the applicant in duplicate, showing prima facie that the land applied for is of the character contemplated by said section), such application, together with the regular fees and commissions, shall be received by the officer designated by the Secretary of the Interior of the land district in which said land is located, and suspended until it shall have been determined by the Secretary of the Interior whether said land is actually of that character; that during such suspension the land described in said application shall be segregated by the said officer and not subject to entry until the case is disposed of; and if it

shall be determined that such land is of the character contemplated by the said section, then such application shall be allowed; otherwise it shall be rejected, subject to appeal: Provided, That the provisions of this section shall apply to the application of a qualified entryman to make additional entry of unappropriated land adjoining his unperfected homestead entry, the area of which, together with his original entry, shall not exceed three hundred and twenty acres. (Mar. 4, 1915, ch. 150, § 1, 38 Stat. 1162, 1163; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1. 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

References to "register" were changed to "officer designated by the Secretary of the Interior" and "officer" by section 403 of 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

§ 221. Provisions extended to South Dakota.

CODIFICATION

Section, act Mar. 4, 1915, ch. 150, § 2, 38 Stat. 1163, is now set out as part of section 218 of this title.

§ 222. Additional entries by homestead entrymen on lands in national forests.

Any homestead entrymen of one hundred and sixty acres or less of lands which have been prior to March 4, 1923, or may thereafter be designated or classified by the Secretary of the Interior as subject to entry under the provisions of sections 218 and 219 of this title, who has not submitted final proof upon his existing entry, and any homestead entryman who has submitted final proof, or received patent, for such an amount of lands which have been at that time or may thereafter be designated or classified by the Secretary of the Interior as of the character described in said sections, and who owns and resides upon the said homestead entry, where said lands are within a national forest, may make an additional entry for and obtain patent to such an amount of land, of that same character, not in a national forest, and within a radius of twenty miles from said homestead entry, as, when the area thereof is added to the area of the original entry, will not exceed three hundred and twenty acres, and residence upon the original entry shall be credited on both entries; but cultivation must be made on the additional entry as required by sald sections. For the purposes of this section the Secretary of the Interior is authorized to designate as subject to such sections, lands embraced, at the time of such designation, within valid subsisting entries within national forests. (Mar. 4, 1923, ch. 245, § 1, 42 Stat. 1445.)

§ 223. Preference of settler to entry under Enlarged Homestead Act.

Any settler upon lands designated by the Secretary of the Interior as subject to the provisions of subsections (a)-(e), of section 218 of this

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title, and section 219 of this title, shall be entitled to the preference right of entry accorded by section 166 of this title; provided he shall have plainly marked the exterior boundaries of the lands claimed as his homestead: Provided, That after the designation by the Secretary of the Interior of public lands for entry under the nonresidence provisions of sections 218 and 219 of this title, any person who shall have plainly marked the exterior boundaries of the lands claimed under said provisions of law and made valuable improvements thereon shall have a preference right to enter the lands so claimed and improved at any time within three months after the date on which such lands become subject to entry; but such right shall forfeit unless the settler or claimant under the provisions of the said sections shall annually cultivate and improve the lands in the form and manner and to the extent therein required following date of initiation of his claim hereunder. (May 14, 1880, ch. 89, § 3, 21 Stat. 141; June 6, 1900, ch. 821, 31 Stat. 683; Aug. 9, 1912, ch. 280, 37 Stat. 267.)

§ 224. Limitation of entries within certain boundaries in Nebraska extended; exclusion of irrigable lands.

(a) Limitation of entries; boundaries; exceptions. After June 27, 1904, entries made under the homestead laws in the State of Nebraska west and north of the following line, to wit: Beginning at a point on the boundary line between the States of South Dakota and Nebraska where the first guide meridian west of the sixth principal meridian strikes said boundary; thence running south along said guide meridian to its intersection with the fourth standard parallel north of the base line between the States of Nebraska and Kansas; thence west along said fourth standard parallel to its intersection with the second guide meridian west of the sixth principal meridian; thence south along said second guide meridian to its intersection with the third standard parallel north of the said base line; thence west along said third standard parallel to its intersection with the range line between ranges 25 and 26 west of the sixth principal meridian; thence south along said line to its intersection with the second standard parallel north of the said base line; thence west on said standard parallel to its intersection with the range line between ranges 30 and 31 west; thence south along said line to its intersection with the boundary line between the States of Nebraska and Kansas, shall not exceed in area six hundred and forty acres, and shall be as nearly compact in form as possible, and in no event over two miles in extreme length: Provided, That there shall be excluded from the provisions of this section such lands within the territory herein described as in the opinion of the Secretary of the Interior it may be reasonably practicable to irrigate under the national irrigation law, or by private enterprise; and that said Secretary shall, prior to the date above mentioned, designate and exclude from entry under this section the lands, particularly along the North Platte River, which in his opinion it may be possible to irrigate as aforesaid; and shall thereafter, from time to time, open to entry under this section any

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