United States Code

DERIVATION

Act June 8, 1872, ch. 338, § 3, 17 Stat. 333.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 173, 184, 191, 201, 211, 255, 278 of this title.

§ 279. Preference right of entry of World War II and Korean conflict veterans.

Any person who has served in the military or naval forces of the United States for a period of at least ninety days at any time on or after September 16, 1940, and prior to the termination of the Korean conflict as determined by Presidential proclamation or concurrent resolution of the Congress, and is honorably discharged from the military or naval forces and who makes homestead entry subsequent to such discharge shall have the period of such service, not exceeding two years, construed to be equivalent to residence and cultivation upon the land for the same length of time. Credit shall be allowed for two years' service to any person who has served in the military or naval forces of the United States during the above pericd (1) if such person is discharged on account of wounds received or disability incurred during the above period in the line of duty, or (2) if such person is regularly discharged and subsequently is furnished hospitalization or is awarded compensation by the Government on account of such wounds or disability. When the homestead entry is made by a husband or wife whose spouse is entitled to any service credit under this section, such credit shall, with the consent of the spouse entitled thereto, be available to the husband or wife making the entry, in addition to any service credit to which he or she individually may be entitled under this section. No patent shall issue to any such person who has not resided upon his homestead and otherwise complied with the provisions of the homestead laws for a period of at least one year: Provided, That such compliance shall include bona fide cultivation of at least one-eighth of the area entered under the homestead laws: Provided further, That no person who has served in the military or naval forces of the United States for a period of at least ninety days at any time on or after September 16, 1940, and prior to the termination of the Korean conflict as determined by Presidential proclamation or concurrent resolution of the Congress, and is honorably discharged shall be disqualified from making homestead entry or from any other benefits of sections 279 to 284 of this title merely by reason of not having reached the age of twenty-one years. (Sept. 27, 1944, ch. 421, § 1, 58 Stat. 747; June 25, 1946, ch. 474, 60 Stat. 308; May 31, 1947, ch. 88, § 1, 61 Stat. 123; June 18, 1954, ch. 306, § 1 (a), (b), 68 Stat. 253.)

AMENDMENTS

1954-Act June 18, 1954, extended application to veterans of the Korean conflict and provided that compliance with the homestead laws for one year shall include bona fide cultivation of at least one-eighth of the area entered into under such laws.

1947-Act May 31, 1947, made preference right run for 90 days following termination of the present war, and provided that where either a husband or wife is entitled to these benefits the period of service of either or both may be considered as the period of service of the spouse making the homestead entry.

1946-Act June 25, 1946, added a proviso which did away with any age qualifications.

REPEAL OF PRIOR ACTS CONTINUING SECTION Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal took effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952.

CROSS REFERENCES

Preference right of World War I veterans, see section 186 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 280, 281, 282,283, 284 of this title.

§ 280. Same; dependents' rights.

The surviving spouse or the minor children, as hereinafter provided, shall be entitled (1) in case of the death of any person as the result of wounds received or disability incurred in line of duty while serving in the military or naval forces of the United States during the period specified in section 279 of this title, to credit for two years' residence and cultivation on a homestead entry, or (2) in the case of the death of any person after performing service that would be a basis for credit under section 279 of this title, to the amount of credit which would have been allowable to such person. The credit provided by this section shall be available to the surviving spouse, or, in the case of the death or marriage of the surviving spouse, to the minor children by a guardian duly appointed and officially accredited at the Department of the Interior. An entry made by such surviving spouse or guardian shall be subject to the provisions contained in section 279 of this title respecting compliance with the provisions of the homestead laws for a period of at least one year. (Sept. 27, 1944, ch. 421, § 2, 58 Stat. 748; May 31, 1947, ch. 88, § 2, 61 Stat. 123.)

AMENDMENTS

1947-Act May 31, 1947 extended its application to cases where the service credit is derived from that of a married woman.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 279, 281, 282, 283, 284 of this title.

§ 281. Same; death as affecting minor children's patent rights.

Where a person entitled to the benefits of section 279 or 280 of this title makes homestead entry and dies before completing title, leaving a minor orphan child, or minor orphan children, patent shall issue to such minor or minors upon proof showing such facts, without any proof as to compliance with the law in the matter of residence, cultivation, or improvements. (Sept. 27, 1944, ch. 421, § 3, 58 Stat.

748.)

ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296. which continued provisions until July 3, 1952. This repeal took effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 279, 282, 283, 284 of this title.

§ 282. Same; rights on revocation of withdrawal order. For the period of fifteen years following September 27, 1944, on the revocation of any order of withdrawal or the filing of a plat of survey or resurvey opening lands to entry, the order or notice taking such action shall provide for a period of not less than ninety days before the date on which it otherwise becomes effective, in which persons of the classes entitled to credit for service, under the provisions of sections 279 to 282 of this title, shall have a preferred right of application under the homestead or desert land laws, or section 682a of this title, subject to the requirements of applicable law, except as against the prior existing valid settlement rights and preference rights conferred by existing laws or as against equitable claims subject to allowance and confirmation, and except where a revocation of an order of withdrawal is made in order to assist in a Federal land program other than one authorized by the homestead or desert land laws or by section 682a of this title. During the same period if the Secretary of the Interior shall, without a prior petition therefor, classify any land as being suitable for disposition under section 682a of this title, the order of classification shall provide a similar preference right of application under section 682a of this title, subject to the exceptions contained in this section. (Sept. 27, 1944, ch. 421, § 4, 58 Stat. 748; May 31, 1947, ch. 88, § 3, 61 Stat. 124; June 18, 1954, ch. 306, §1(c), 68 Stat. 254.)

AMENDMENTS

1954 -Act June 18, 1954 extended the veterans' preference right to apply for public lands for five years.

1947-Act May 31, 1947 extended operation of section to where land is opened by the filing of a plat of survey or resurvey or by the classification of the lands by the Secretary of the Interior.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

Preferred right of selection by Alaska over preferred right of application by World War II and Korean conflict veterans but not over other preference rights conferred by law, see section 6(g) of Pub. L. 85-508.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 279, 283, 284, 852 of this title.

§ 283. Same; rules and regulations.

The Secretary of the Interior is authorized to make such rules and regulations as may be neces

sary to carry the provisions of sections 279 to 283 of this title into full force and effect. (Sept. 27, 1944, ch. 421, § 6, formerly § 5, 58 Stat. 748, renumbered June 3, 1948, ch. 399, 62 Stat. 305.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to on sections 279, 284 of this title.

§ 284. Same; definitions.

As used in sections 279 to 283 of this title, the term "homestead" includes land hereafter disposed of under section 461 of Title 48: Provided, That nothing in this section shall be construed to extend any cultivation requirements to lands disposed of under section 461 of Title 48. As used in sections 279 to 283 of this title, the words "equitable claims subject to allowance and confirmation" include claims of holders of permits issued by the Department of Agriculture on lands eliminated from national forests, whose permits have been terminated only because of such elimination and who own valuable improvements on such lands. (Sept. 27, 1944, ch. 421, § 5, as added June 3, 1948, ch. 399, 62 Stat. 305.)

REFERENCES IN TEXT

Section 461 of Title 48, referred to in the text, has been omitted from this Code as obsolete.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 279 of this title.

STOCK-RAISING HOMESTEAD

§ 291. Entry on unappropriated, unreserved lands; authorization; area; naval petroleum reserves and naval oil State reserves excepted.

From and after December 29, 1916, it shall be lawful for any person qualified to make entry under the homestead laws of the United States to make a stock-raising homestead entry for not exceeding six hundred and forty acres of unappropriated, unreserved public lands in reasonably compact form: Provided, however, That the land so entered shall theretofore have been designated by the Secretary of the Interior as "stock-raising lands": Provided further, That for the purposes of this section lands withdrawn or reserved solely as valuable for oil or gas shall not be deemed to be appropriated or reserved: Provided further, That the provisions of this section shall not apply to naval petroleum reserves and naval oil-shale reserves: And provided further, That should said lands be within the limits of the geological structure of a producing oil or gas field entry can only be allowed, in the discretion of the Secretary of the Interior, in the absence of objection

after due notice by the lessee or permittee, and any patent therefor shall contain a reservation to the United States of all minerals in said lands and the right to prospect for, mine, and remove the same. (Dec. 29, 1916, ch. 9, § 1, 39 Stat. 862; Feb. 28, 1931, ch. 328, 46 Stat. 1454; June 9, 1933, ch. 53, 48 Stat. 119.)

AMENDMENTS

1933-Act June 9, 1933, added the last proviso.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 144, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 315 of this title.

§ 292. Designation of lands subject to entry; applications.

The Secretary of the Interior is authorized, on application or otherwise, to designate as stock-raising lands subject to entry under sections 291 to 301 of this title lands the surface of which is, in his opinion, chiefly valuable for grazing and raising forage crops, do not contain merchantable timber, are not susceptible of irrigation from any known source of water supply, and are of such character that six hundred and forty acres are reasonably required for the support of a family: Provided, That where any person qualified to make original or additional entry under the provisions of said sections shall make application to enter any unappropriated public land which has not been designated as subject to entry (provided said application is accompanied and supported by properly corroborated affidavit of the applicant, in duplicate, showing prima facie that land applied for is of the character contemplated by said sections), 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. During such suspension the land described in the application shall not be disposed of; and if the said land shall be designated under said sections, then such application shall be allowed, otherwise it shall be rejected, subject to appeal; but no right to occupy such lands shall be acquired by reason of said application until said lands have been designated as stock-raising lands, unless the applicant actually establishes his residence and resides on the land; and until final action on such application, the settler may, if the land be not designated under section 291 to 301 of this title, change his application to one under the enlarged homestead law if such lands be designated thereunder, or to one under the ordinary provisions of the homestead law: Provided, That if the settler shall change his application he shall embrace therein the lands upon which his residence and principal improvements are located, and conform to the provisions, .limitations, and conditions of the applicable law. (Dec. 29, 1916, ch. 9, § 2, 39 Stat. 862; Oct. 28, 1921, ch. 114, § 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, § 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 em

ployees 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.

Words "officer designated by the Secretary of the Interior" were substituted for "register" by 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 144, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 315 of this title.

§ 293. Persons entitled to make entry; effect of entries. Any qualified homestead entryman may make entry under the homestead laws of lands so designated by the Secretary of the Interior, according to legal subdivisions, in areas not exceeding six hundred and forty acres, and in compact form so far as may be subject to the provisions of sections 291 to 301 of this title, and secure title thereto by compliance with the terms of the homestead laws: Provided, That a former homestead entry of land of the character described in section 292 of this title shall not be a bar to the entry of a tract within a radius of twenty miles from such former entry under the provisions of sections 291 to 301 of this title, which, together with the former entry, shall not exceed six hundred and forty acres, subject to the requirements of law as to residence and improvements, except that no residence shall be required on such additional entry if the entryman owns and is residing on his former entry: Provided further, That the entryman shall be required to enter all contiguous areas of the character described in sections 291 to 301 of this title open to entry prior to the entry of any noncontiguous land: And provided further, That instead of cultivation as required by the homestead laws the entryman shall be required to make permanent improvements upon the land entered before final proof is submitted tending to increase the value of the same for stockraising purposes of the value of not less than $1.25 per acre, and at least one-half of such improvements shall be placed upon the land within three years after the date of entry thereof. (Dec. 29, 1916, ch. 9, § 3, 39 Stat. 863; Oct. 25, 1918, ch. 195, 40 Stat. 1016.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 144, 292, 294, 295, 296, 297, 298, 299, 300, 301, 302, 315 of this title.

§ 294. Additional entries; amount.

Any homestead entryman of lands of the character described in sections 291 to 301 of this title, who has not submitted final proof upon his existing entry shall have the right to enter, subject to the provisions of said sections such amount of lands designated for entry under the provisions of said sections within a radius of twenty miles from said existing entry, as shall not, together with the amount embraced in his original entry, exceed six hundred and forty acres, and residence upon the original entry shall be credited on both entries, but improvements must be made on the additional entry equal to $1.25 for each acre thereof: Provided, That the entryman shall be required to enter all contiguous areas of the character described in said sections open to entry prior to the entry of any noncontiguous land. (Dec. 29,

1916, ch. 9, § 4, 39 Stat. 863; Sept. 29, 1919, ch. 63, 41 Stat. 287.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 144, 292, 293, 295, 296, 297, 298, 299, 300, 301, 302, 315 of this title.

§ 295. Same; persons entitled generally.

Persons who have submitted final proof upon, or received patent for, lands of the character described in sections 291 to 301 of this title under the homestead laws, and who own and reside upon the land so acquired, may, subject to the provisions of said sections, make additional entry for and obtain patent to lands designated for entry under the provisions of said sections, within a radius of twenty miles from the lands theretofore acquired under the homestead laws, which, together with the area theretofore acquired under the homestead laws, shall not exceed six hundred and forty acres, on proof of the expenditure required by said sections, on account of permanent improvements upon the additional entry: Provided, That the entryman shall be required to enter all contiguous areas of the character described in said sections, open to entry prior to the entry of any noncontiguous land. (Dec. 29, 1916, ch. 9, § 5, 39 Stat. 863; Sept. 29, 1919, ch. 63, 41 Stat. 287.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 144, 292, 293, 294, 296, 297, 298, 299, 300, 301, 302, 315 of this title.

$296. Same; heads of families, etc.

Any person who is the head of a family, or who has arrived at the age of twenty-one years and is a citizen of the United States, who has entered or acquired under the homestead laws, prior to December 29, 1916, lands of the character described in sections 291 to 301 of this title, the area of which is less than six hundred and forty acres, and who is unable to exercise the right of additional entry conferred by said sections because no lands subject to entry under said sections adjoin the tract so entered or acquired or lie within the twenty-mile limit provided for in said sections, may, upon submitting proof that he resides upon and has not sold the land so entered or acquired and against which land there are no encumbrances, relinquish or reconvey to the United States the land so occupied, entered, or acquired, and in lieu thereof, within the same land-office district, may enter and acquire title to six hundred and forty acres of the land subject to entry under said sections, but must show compliance with all the provisions of said sections respecting the new entry and with all the provisions of existing homestead laws except as modified in said sections. (Dec. 29, 1916, ch. 9, § 6, 39 Stat. 863.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 144, 292, 293, 294, 295, 297, 298, 299, 300, 301, 302, 315 of this title.

§ 297. Commutation.

The commutation provisions of the homestead laws shall not apply to any entries made under sections 291 to 301 of this title. (Dec. 29, 1916, ch. 9, § 7, 39 Stat. 864.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 144, 292, 293, 294, 295, 296, 298, 299, 300, 301, 302, 315 of this title.

§ 298. Additional entries; preferential rights.

Any homestead entrymen or patentees who shall be entitled to additional entry under sections 291 to 301 of this title shall have, for ninety days after the designation of lands subject to entry under the provisions of said sections and contiguous to these entered or owned and occupied by him, the preferential right to make additional entry as provided in said sections: Provided, That where such lands contiguous to the lands of two or more entrymen or patentees entitled to additional entries under this section are not sufficient in area to enable such entrymen to secure by additional entry the maximum amounts to which they are entitled, the Secretary of the Interior is authorized to make an equitable division of the lands among the several entrymen or patentees, applying to exercise preferential rights, such sections to be in tracts of not less than forty acres, or other legal subdivision, and so made as to equalize as nearly as possible the area which such entrymen and patentees will acquire by adding the tracts embraced in additional entries to the lands originally held or owned by them: Provided further, That where but one such tract of vacant land may adjoin the lands of two or more entrymen or patentees entitled to exercise preferential right hereunder, the tract in question may be entered by the person who first submits to the local land office his application to exercise said preferential right. (Dec. 29, 1916, ch. 9, § 8, 39 Stat. 864.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 144, 292, 293, 294, 295, 296, 297, 299, 300, 301, 302, 315 of this title.

§ 299. Reservation of coal and mineral rights.

All entries made and patents issued under the provisions of sections 291 to 301 of this title 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 said sections, 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 sections 291 to 301 of this title with reference to the disposition, occupancy, and use of the land as permitted to an entryman under said sections. (Dec. 29, 1916, ch. 9, § 9, 39 Stat. 864; 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

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.

Words "officer designated by the Secretary of the Intertor" were substituted for "register" and "Secretary of the Interior or such officer as he may designate" for "Commissioner of the General Land Office" by 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 144, 292, 293, 294, 295, 296, 297, 298, 300, 301, 302, 315 of this title.

§ 300. Reservation of land containing water holes; cattle driveways.

Lands containing water holes or other bodies of water needed or used by the public for watering purposes shall not be designated under sections 291 to 301 of this title but may be reserved under the provisions of sections 141 to 143 of this title and such lands, prior to December 29, 1916, or thereafter reserved shall, while so reserved, be kept and held open to the public use for such purposes under such general rules and regulations as the Secretary of the Interior may prescribe: Provided, That the Secretary may, in his discretion, also withdraw from entry lands necessary to insure access by the public to watering places reserved hereunder and needed for use in the movement of stock to summer and winter ranges or to shipping points, and may prescribe such rules and regulations as may be necessary for the proper administration and use of such lands: Provided further, That such driveways shall not be

of greater number or width than shall be clearly necessary for the purpose proposed and in no event shall be more than one mile in width for a driveway less than twenty miles in length, not more than two miles in width for driveways over twenty and not more than thirty-five miles in length, and not over five miles in width for driveways over thirty-five miles in length: Provided further, That all stock so transported over such driveways shall be moved an average of not less than three miles per day for sheep and goats and an average of not less than six miles per day for cattle and horses: Provided further, That the withdrawal from entry of lands necessary to insure access by the public to watering places reserved hereunder shall not apply to deposits of coal and other minerals in the lands so withdrawn, and that the provisions of section 299 of this title are made applicable to said deposits in lands embraced in such withdrawals heretofore or hereafter made, but any mineral location or entry made hereunder shall be in accordance with such rules, regulations, and restrictions as may be prescribed by the Secretary of the Interior. (Dec. 29, 1916, ch. 9, § 10, 39 Stat. 865; Jan. 29, 1929, ch. 114, 45 Stat. 1144.)

REFERENCES IN TEXT

Section 143 of this title, referred to in text was repealed by Pub. L. 86-533, § 1(14), June 29, 1960, 74 Stat. 248.

AMENDMENTS

1929-Act Jan. 29, 1929, added last proviso.

CROSS REFERENCES

Land on which oil and gas wells are situated reserved as a water hole under this section, see section 229a (a) of Title 30, Mineral Lands and Mining.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 144, 229a, 292, 293, 294, 295, 296, 297, 298, 299, 301, 302, 315 of this title. § 301. Rules and regulations.

The Secretary of the Interior is authorized to make all necessary rules and regulations in harmony with the provisions and purposes of sections 291 to 301 of this title for the purpose of carrying the same into effect. (Dec. 29, 1916, ch. 9, § 11, 39 Stat.

865.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 144, 292, 293, 294, 295, 296, 297, 298, 299, 300, 302, 315 of this title.

§ 302. Additional entries by entrymen on lands in national forests.

Any homestead entryman 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 291 to 301 of this title, who has not submitted final proof upon his existing entry, and also any homestead entryman who has submitted final proof or received patent, for such an amount of lands that are of the character described as subject to entry under the provisions of 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,

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