entry of the lands purchased. If such purchaser does not make entry, after giving notice to the entryman, a person who desires to become subrogated to the rights of said purchaser of entered lands must, under said section 6, have the qualifications of a homestead entryman, and the right of entry is limited to 160

acres.

§ 118.14 Purchases must be made by legal subdivisions; contiguity not required.

The tracts included in cash purchases must be entered by legal subdivisions, but they need not be contiguous or in one body.

§ 118.15 Right to make cash entry subsequent to homestead entry for 160

acres.

A person who has made a homestead entry for 160 acres has exhausted his homestead right, unless his right is restored by act of Congress. He will not be permitted to relinquish an existing homestead entry and make entry under the Minnesota drainage laws, unless it can be satisfactorily established that he made his homestead entry in good faith for the purpose of securing a home; that he has honestly endeavored to comply with the homestead laws, and, if assessed for drainage, that he has paid the drainage charges due on the relinquished entry, and is entitled by law to make a second homestead entry. A person who makes a homestead entry for land advertised for sale for drainage charges will not be permitted, unless the circumstances be exceptional, to file a relinquishment of his entry and to make an entry under the act of May 20, 1908 (35 Stat. 169; 43 U. S. C. 1021–1027). The showing required to be made must be in the form of the entryman's statement corroborated by two witnesses, which should be filed in the Bureau of Land Management.'

§ 118.16 Right to make cash entry, subsequent to homestead entry for less than 160 acres.

An additional entry may be made for an amount which does not exceed 160 acres, including that previously entered,

218 U. S. C. 1001 makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction.

provided that his previous entry did not exhaust his homestead right; in other words, he may purchase such amount as he might then have entered under the homestead laws, and without regard to the location of the land previously entered. He need not necessarily have submitted proof on his original entry in order to be entitled to exercise his additional homestead right under the act of May 20, 1908.

§ 118.17 Area enterable affected by general limitation statute.

The amount of land which may be purchased by any person will be affected by the provision in the act of August 30, 1890 (26 Stat. 391; 43 U.S.C. 212), limiting the amount of land to which title may be acquired by any one person under the agricultural public land laws to 320 acres.

§ 118.18 Qualifications of purchasers of unentered lands.

Persons who are the owners of more than 160 acres are not qualified to make a homestead entry in the State of Minnesota and therefore would not be qualified to purchase unentered land at a sale of lands under said act of May 20, 1908. It is held by the Department of the Interior that a person purchasing land under a contract giving him right to acquire title, acquisition of which depends only on his own performance or default, is owner of such land and proprietory of it within the meaning and intent of section 2289, Revised Statutes (43 U.S.C. 161, 171). (See cases of Smith v. Longpre, 32 L.D. 226, and Boyce v. Burnett, 16 L.D. 562.)

§ 118.19 Agent or attorney may make purchases from State.

Purchasers at any sale by the State under the act of May 20, 1908, may make their purchases by agent or attorney to the extent permitted by the State drainage laws of sales of lands held in private ownership.

CROSS REFERENCE: For agents and attorneys, see Part 1 of this title.

§ 118.20 Statements by purchasers.

Statements as to qualifications or as to the status of lands which may be required of purchasers under §§ 118.1-118.32 need not be sworn to but must be signed by the purchasers. The statement as to the nonsaline character of the land can not be made on information and belief.

It may, however, be made by a reliable party who has actual knowledge of the facts. (See case of Mendenhall v. Howell et al., 14 L. D. 461.)

§ 118.21 State report on sale; notation thereof.

(a) Immediately after the close of the sale the State officials should furnish the Bureau of Land Management a statement showing the price at which each legal subdivision was sold. This statement should give the names of the purchasers and their addresses, if possible, and should also include lands bid in by the State.

(b) When such statement has been filed in the said office, proper notations thereof will be made at once on its records.

§ 118.22

Evidence of redemption required in connection with cash entries.

(a) Evidence of redemption must be furnished in connection with cash entries where land has been sold for drainage charges under the act of May 20, 1908 (35 Stat. 169; 43 U. S. C. 10211027):

(1) When the State is a purchaser and there has been no assignment.

(2) When the State purchased the land, but later assigned it and 6 years have not expired since date of assignment.

(3) Where there is an actual purchaser, and 6 years have not expired since date of sale.

(b) All applications for cash entries under the act of May 20, 1908, will be rejected where evidence of redemption is required, if the same is not filed in connection therewith.

§ 118.23 Settlers not entitled to right of redemption.

The law makes no provision for the redemption of lands by a mere settler, and therefore only entrymen have the right to pay to the county officials the drainage charges prior to the sale of land for nonpayment of such charges.

§118.24 When settlers and entrymen are not entitled to right of redemption; compliance with homestead law required.

To avoid confusion, misunderstanding, and conflict of rights, it is hereby provided that no right of redemption referred to in section 6 of the act of May 20, 1908 (35 Stat. 170; 43 U. S. C. 1026),

can be acquired by settlement on or application for lands subject to entry after the hour and the date fixed for their sales. All applications for lands advertised for sale under said act received on or subsequent to the date of sale until after the statement of sale provided in section 4 of the act (35 Stat. 170; 43 U. S. C. 1024) is received, will be suspended, unless the applicant shall show by statement duly corroborated that he settled on the land in good faith prior to the beginning of the sale for the purpose of securing a home and not for the purpose of defeating the rights of a purchaser at the sale. If the statement referred to shows that the land was actually sold at the sale in question, the application in question will remain suspended until after the expiration of 90 days from the date of sale to give the purchaser an opportunity to make entry for the land. Should the purchaser not make entry, the homestead application may then be allowed. If the statement does not show a sale of the land or it was bid in by the State, the homestead application may be allowed. The homestead entryman will be required to comply with the homestead law in the matter of residence, improvements, and cultivation.

§ 118.25 Lands subject to homestead entry after 90 days from sale by State.

After the expiration of 90 days from the date of sale, the lands will be subject to ordinary homestead entry, in which case residence, improvements, and cultivation are required, or to entry under the act of May 20, 1908 (35 Stat. 169; 43 U.S.C. 1021–1027), which does not require such compliance with the homestead law.

§ 118.25a Payments required of homestead applicants in advance of allowance of entry; disposition of moneys. Every person making homestead application for public or ceded Indian lands in Minnesota which have been legally assessed or sold or bid in by the State for drainage charges will be required to make the following described payments to the Director of the Bureau of Land Management in advance of allowance of his application: (a) the usual homestead fees and commissions; (b) one-fifth of the purchase price, if any, prescribed by law for said lands; (c) the Federal drainage survey charge of three cents per acre, if

that be chargeable against the lands sought; and (d) all sums due the State for drainage charges. If an application be allowed, the Director will transmit to the appropriate State officer the sums due the State. If an application be rejected, the Director will return to the applicant all moneys paid by him. §118.26 Residence, cultivation or improvement not required for cash purchases.

There is no provision in the law which requires residence on the land purchased under the act of May 20, 1908, or cultivation or improvement thereof. § 118.27 Contest of entry by purchaser.

In case a purchaser at a tax sale of entered but unpatented land should find that the entryman had not complied with the land laws as to settlement, improvements, and cultivation, and such purchaser should secure the cancellation of the entry as a result of his contest, he would then have the right to acquire title to the land upon making payment and showing the required qualifications. § 118.28 Issuance of cash certificates, receipts and patents.

In case payment is made as required, and evidence is furnished showing the qualifications of the purchaser on the form provided therefor, the usual cash certificates and receipts will be issued by the Bureau of Land Management, and, should no objection appear, patent will issue in due course of business.

§ 118.29 Notices required of purchasers of unentered land.

Section 5 of the act of May 20, 1908 (35 Stat. 170; 43 U.S.C. 1025), provides for the issuance of patent for unentered land to qualified purchasers at any time after the sale when the proper payments have been made. Therefore no notice of the expiration of the statutory period of redemption is required to be given the United States. Because of withdrawals, settlement on the lands referred to in this section is no longer permitted. Purchasers of entered but unpatented lands will be required to give the notices of redemption required by the State drainage laws, but the usual final-proof notice required of homesteaders need not be given.

§ 118.30 Assignments of drainage tax certificates not authorized but waiver of right of entry permitted.

The act of May 20, 1908 (35 Stat. 169; 43 U.S.C. 1021-1027), makes no mention of, nor reference to, assignments of drainage-tax certificates or rights acquired at any sale of land for nonpayment of a State drainage assessment. It is held, however, that a purchaser at a sale may waive his right to enter the land.

§ 118.31 Rights of United States and persons claiming under public land laws.

A

The United States and all persons legally holding unpatented lands under entries made under the public land laws of the United States are entitled to all the rights, privileges, and benefits given by said laws to persons holding lands of a like character in private ownership. copy of all notices required by the State drainage laws to be given to the owners or occupants of lands held in private ownership must be given the Bureau of Land Management in cases where unentered lands are affected, and to entrymen whose unpatented lands are affected thereby. The United States and such entrymen have the same rights to be heard by petition, answer, remonstrance, appeal, or otherwise as are given to persons holding lands in private ownership; and all entrymen shall be given the same rights of redemption as are given to the owners of land held in private ownership. § 118.32 Entries, proofs, and patents for Chippewa lands.

Section 8 of the act of May 20, 1908, provides that entries and proofs may be made and patents issued for all ceded Chippewa lands (except in the Red Lake Reservation) which were withdrawn under the act of June 21, 1906 (34 Stat. 325), in the same manner in which entries, proofs, and patents for other lands are made and issued under the homestead laws, subject to the payment of the purchase price fixed by law for such lands. Persons making final proofs on entries in the Red Lake Reservation will be required to pay 3 cents per acre in addition to the purchase price originally fixed by law.

AUTHORITY: §§ 119.1 to 119.13 issued under sec. 1, 69 Stat. 445; 43 U. S. C. 1102.

SOURCE: §§ 119.1 to 119.13 contained in Circular 1956, 21 F. R. 5929, Aug. 8, 1956. § 119.1 Statutory authority.

(a) The act of August 3, 1955 (69 Stat. 445), authorizes the Secretary of the Interior to provide for the management and disposition of any interest of the United States in those lands which were reconveyed to the United States by deeds of conveyance executed on November 29, 1950 by the principal chief of the Choctaw Nation and the Governor of the Chickasaw Nation or which have been or may be reconveyed to the United States by any further or supplemental conveyances made under the authority of the Interior Department Appropriation Act of June 28, 1944 (58 Stat. 463, 483), the joint resolution of June 24, 1948 (62 Stat. 596), and the First Deficiency Appropriation Act of May 24, 1949 (63 Stat. 76, 84). Such reconveyed lands are referred to in this Part as "Choctaw-Chickasaw lands" and the act of August 3, 1955 is referred to as "the act”.

(b) The act of June 28, 1944 (58 Stat. 463, 483), declared the Choctaw-Chickasaw lands to be part of the public domain subject to the applicable public land mining and mineral leasing laws.

§ 119.2 Minerals.

(a) All deeds for lands disposed of under the act of August 3, 1955 (69 Stat. 445), will contain a reservation to the United States of all its rights to mineral deposits in the lands, together with the right to prospect for,

mine, and remove them. Any minerals subject to the public land leasing laws so reserved to the United States may be disposed of to any qualified person under applicable laws and regulations, subject to such conditions as the authorized officer of the Bureau of Land Management deems necessary for the protection of the surface and other nonmineral values of the lands. Until rules and regulations are issued, reserved minerals other than those subject to the public land leasing laws are not subject to disposition or, except by an authorized Federal agency, to prospecting.

(b) All minerals in the ChoctawChickasaw lands, subject to the exception and qualifications in paragraph (a) of this section, are subject to the applicable public land mining and mineral leasing laws and the regulations thereunder (Parts 185, 191, 192, 193, 194, 195, 196 and 197 of this chapter).

Easements and permits for rights-ofway over the Choctaw-Chickasaw lands may be secured under the regulations of Part 244 of this chapter.

§ 119.5 Leases and permits for nonmineral resources.

(a) Unless otherwise provided for by the regulations in this part, the Choctaw-Chickasaw lands will not be subject to lease or permit for the development and use of nonmineral resources except (1) where disposal of fee title to the tract, in the discretion of the authorized officer of the Bureau of Land Management, is not in the public interest, (2) where the public interest will be served by the issuance of a lease or permit having a term of not to exceed one year, or (3) where the public interest will be served by the issuance of a lease under the regulations of Part 254 of this chapter.

(b) Leases and permits issued under paragraph (a) (2) of this section will be renewable in the discretion of the authorized officer of the Bureau of Land

Management for periods not exceeding one year for each renewal.

(c) The authorized officer of the Bureau of Land Management, in his discretion, may specify the terms and conditions of leases and permits issued under paragraph (a) (1) and (2) of this section consistent with the policies and procedures of the Department of the Interior.

(d) Except for applications to lease under the regulations of Part 254 of this chapter, no particular form of application is required. The applicant, however, must describe the lands desired and the purpose for which he desires them. Every application must be accompanied by a filing fee of $10 which will not be returnable.

§ 119.6 Disposal of surface fee.

Subject to the reservation of all rights of the United States to minerals in the lands and to the payment of the proportionate cost of any survey which may be necessary to describe properly any lands to be disposed of under the act, Choctaw-Chickasaw lands are subject to disposal as follows:

(a) Private sale of tracts to any person having a legal or equitable interest therein under the regulations of §119.7.

(b) Private sales to occupants under the regulations of § 119.8.

(c) Public sale of tracts and private sale of tracts unsold after offer at public auction, under the regulations of § 119.8.

(d) Private sale of tracts under the provisions of the act of June 4, 1954 (68 Stat. 173; 42 U. S. C. 869) and the regulations thereunder (Part 254 of this chapter).

(e) Conveyance to local governing bodies of tracts set apart for streets, alleys, or other public purposes under the regulations of § 119.10.

§ 119.7

Sales to persons claiming a legal or equitable interest.

(a) Subparagraph 2(a) (2) of the act authorizes the Secretary of the Interior to relinquish any tract of ChoctawChickasaw lands to any person having a legal or equitable interest therein.

(b) To qualify under subparagraph 2(a) (2) of the act, a claim of legal or equitable interest must rest on uncertainty as to the title to the tract applied for, resulting from such things as inadequate surveys, judgments, decrees, or orders of condemnation in court proceed

ings in which the United States did not consent to be a party to the suit, or otherwise. No such claim will be recognized if it is based solely on a lease or permit from the Bureau of Land Management or its predecessors in interest to the lands.

(c) Any individual, group, or corporation which believes it has a legal or equitable interest in one or more tracts of Choctaw-Chickasaw lands may make an application therefor by filing, in duplicate, an application captioned "Claim of legal or equitable interest in ChoctawChickasaw lands" with the Manager of the land office at Santa Fe, New Mexico. No particular form of application is required but it must be typewritten or in legible handwriting and signed by the applicant. Every application must be accompanied by a filing fee of $10 which will be nonreturnable. The application must contain a description of the land claimed sufficiently complete to identify the location, boundary, and area of the land and, if possible, the approximate description or location of the land by section, township, and range. It must contain the full name and full post-office address of the claimant. It must also contain a full statement showing the basis for the claim of legal or equitable interest in the lands. The applicant may be called upon to submit documentary or other evidence in support of his claim. Valuable documents submitted by the applicant will be returned to him.

(d) The applicant will be required to publish once a week for four consecutive weeks, at his expense, in a designated newspaper and in a designated form, a notice allowing all persons claiming the land adversely to file with the land office at Santa Fe, New Mexico, their objections to the issuance of a relinquishment under the application. A protestant must serve on the applicant a copy of the objections and furnish evidence of such service. The applicant must file a statement of the publisher, accompanied by a copy of the notice published, showing that publication had been had for the required time.

(e) The land applied for will be appraised on the basis of its fair market value at the time of appraisal. However, in determination of the price payable by the applicant, value resulting from improvements by the applicant or