entry they must show that the contestant was a qualified entryman at the date of his death; and in order to earn a patent the heirs must comply with all the requirements of the law under which the entry was made, to the same extent as would have been required of the contestant had he made entry.

ADDITIONAL ENTRY AFTER PROOF ON ORIGINAL CLAIM; SECTION 6, Act of MARCH 2, 1889

AUTHORITY: §§ 166.67 to 166.69 issued under R. S. 2478; 43 U. S. C. 1201.

§ 166.67 Statutory authority.

Section 6 of the act of March 2, 1889 (25 Stat. 854; 43 U.S.C. 214), permits the entry, by a person otherwise qualified, who prior to the date of his application for additional entry has made homestead entry, submitted final proof thereon, and received receiver's final receipt, for a quantity of land less than 160 acres, of so much additional land, either contiguous or noncontiguous to the land originally entered by him, as shall not with it exceed a total of 160 acres.

§ 166.68 Application; showing required. Applicants for additional homestead entries under section 6 of the act of March 2, 1889 must file applications to enter on the proper homestead form so modified as to describe, by number, section, township, and range, the original entry and give the date of issuance of register's (or manager's) final receipt thereupon. They are not required to show that they are still the owners or occupants of the land originally entered. § 166.69 Residence, cultivation and

proof required.

Upon allowance of the additional entry, entrymen will be required within the period prescribed by the homestead laws and regulations to establish residence upon the land entered and to reside upon and cultivate the land for the period required by the homestead laws, and within the period prescribed by statute, to submit proof of such residence and cultivation as in other homestead cases.

CROSS REFERENCE: For rules relating to the residence period prescribed by the homestead laws and regulations, see §§ 166.22 to 166.39.

* This receipt now is issued by the manager.

ADDITIONAL ENTRY FOR LAND CONTIGUOUS TO ORIGINAL ENTRY

AUTHORITY: §§ 166.70 to 166.73 issued under R. S. 2478; 43 U. S. C. 1201.

§ 166.70 Statutory authority.

Section 2 of the act of April 28, 1904 (33 Stat. 527; 43 U.S.C. 213), as amended by the act of August 3, 1950 (64 Stat. 398; 43 U.S.C. 213) authorizes any person who theretofore entered, or might thereafter enter, less than 160 acres of land under the homestead laws who has not perfected the entry, or, if proof has been made, who still owns and occupies the land, to enter other and additional lying contiguous to the original entry which, with the land first entered and occupied will not in the aggregate exceed 160 acres. Section 3 of the act of April 28, 1904 (33 Stat. 527; 43 U.S.C. 213), prohibits the submission of commutation proof of an entry made under that act.

Applicants for additional entries under section 2 of the act of April 28, 1904, will be required to produce evidence that they own and reside upon the land embraced in their original entries, which shall be described by legal subdivisions and by reference to the number and date of the original entry, the evidence to consist of their own statements corroborated by the statements of two disinterested witnesses, signed in such cases in the county, parish, or land district in which the land applied for is situated. These statements and the homestead application and statements required to be made in connection therewith may be upon Form No. 4-018.

§ 166.72 Final proof.

Before proof may be sumitted as a basis for patent under the act of April 28, 1904, as amended, 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 is made and until the submission of final proof thereThe cultivation may be performed on the original entry, on the additional entry, or on both, but where it is performed on the original entry it must be shown at the time of submission of final proof on the additional entry that the entryman still owns and occupies the

on.

AUTHORITY: §§ 166.74 to 166.77 issued under R.S. 2478; 43 U.S.C. 1201.

§ 166.74 Statutory authority.

Where a person has made a homestead entry or entries but failed to perfect them, his right to make another homestead entry is governed by the act of September 5, 1914 (38 Stat. 712; 43 U.S.C. 182) which provides that the applicant must show to the satisfaction of the Secretary of the Interior that the prior entry or entries were made in good faith, were lost, forfeited, or abandoned because of matters beyond his control, and that he has not speculated in his right, nor committed a fraud or attempted fraud in connection with such prior entry or entries.

§ 166.75 Date of first entry immaterial; good faith of the applicant to be passed upon.

The question whether the first entry, or entries, were made before or after the passage of the act of September 5, 1914 is entirely immaterial. Moreover, it will be seen that the act imposes upon the Bureau of Land Management the duty of passing upon the good faith of the applicant, there being no hard and fast provision, as in the act of February 3, 1911 (36 Stat. 896) limiting its benefits to a clearly defined class of persons.

§ 166.76 Showing required of appli

cants.

In order that the Bureau of Land Management may properly pass upon the right of an applicant for second entry, he must (besides filing in the proper land office an application to enter a specific tract) furnish his statement showing the following facts:

(a) Data from which his first entry (or entries) may be identified, preferably its series and number, as well as a description of the tract by section, township, and range.

(b) What examination of the land and what inquiries as to its character he made prior to filing his previous application (or applications) for entry and, in case of desert-land entries, what reason he had to believe that the required proportion of the tracts could be reclaimed by him through irrigation.

(c) With reference to a homestead entry, whether he established residence upon the tract, and, if so, how long he lived there and what cultivation he effected; as to a desert-land entry, whether he took possession of the tract, and, if so, how long he continued to exercise acts of ownership thereover.

(d) What improvements, if any, he made upon the land, describing in detail their nature and cost.

(e) The date of his abandonment of the claim and the reason therefor and whether he ever executed a relinquishment of the entry.

(f) What consideration, if any, he received for abandoning or relinquishing the entry; also whether he sold the improvements on the tract, giving full details as to said sale, if any, including the date thereof and the consideration received.

CROSS REFERENCE: For second desert-land entries, see §§ 232.6, 232.7 of this chapter. § 166.77 Statement of applicant; corroboration required.

The statement described in the preceding section must be signed by the applicant and must be corroborated on all matters susceptible of corroboration by at least one witness having knowledge of the facts, or there may be several witnesses, each testifying on some material point; statements of witnesses must be signed by them. Appropriate blank forms will be furnished by the managers.

SECOND ENTRY BY PERSON WHO PAID INDIAN PRICE OF $1.25 PER ACRE, OR MORE, FOR LAND IN PRIOR ENTRY

AUTHORITY: §§ 166.78 to 166.83 issued under R. S. 2478; 43 U. S. C. 1201.

§ 166.78 Statutory authority.

Under the act of June 21, 1934 (48 Stat. 1185; 43 U.S.C. 871a), any person who theretofore had made entry under the homestead laws on any lands embraced within any reservation ceded to the United States by the Indian tribes, and had paid for his land the sum of at least $1.25 per acre, upon proof of such facts, if otherwise qualified, is entitled to the benefit of the homestead law as though such former entry had not been made. The provisions of said act do not apply to any person who has failed to pay the full price for his former entry or whose former entry was canceled for fraud. In making any new homestead entry as authorized by said act or the prior similar acts of February 20, 1917 (39 Stat. 926), and February 25, 1925 (43 Stat. 981; 43 U.S.C. 187), such entry may not include any land to which the Indian title has not been fully extinguished.

§ 166.79 Showing required as to prior

entry.

A person claiming the right of second homestead entry pursuant to the provisions of the act of June 21, 1934, must furnish a description of the land included in his perfected entry or data from which it can be identified, and he must state that he paid $1.25 or more per acre for the tract, but it is not necessary that he name the precise price paid. If the former entry embraced tracts appraised at less than $1.25 per acre and tracts appraised at more than $1.25 per acre, a second entry hereunder is not allowable unless the aggregate sum of the appraised prices of the former entry equals $1.25 per acre or more.

§ 166.80 Requirements as to completion of prior entry.

A second entry is not allowable unless the first entry was made prior to June 21, 1934, and unless satisfactory final proof has been submitted thereon and the entire price of the land included therein has been paid prior to the date of the application for second entry.

§ 166.81 Second entry where prior entry was canceled.

The act of June 21, 1934, has no application if the first entry be canceled. Such cases will be governed by the general statutes allowing second entries. § 166.82 Laws under which second entry right may be exercised.

A person who is entitled to the benefits of the act of June 21, 1934, may at his option make second entry under either the general homestead law, or the Enlarged Homestead Act. Compliance with the law must be shown as though it were an original entry.

CROSS REFERENCE: For enlarged homesteads, see Part 167 of this chapter.

§ 166.83 Land not subject to second entry.

The act of June 21, 1934, prohibits the allowance of any application to make a second homestead entry thereunder or under the act of February 20, 1917, or the act of February 25, 1925, if it includes any land to which the Indian title shall not have been fully extinguished. SECOND ENTRY AFTER COMMUTATION OR

PAYMENT OF INDIAN PRICE OF ORIGINAL CLAIM; ACTS OF JUNE 5, 1900, MAY 17, 1900, AND MAY 22, 1902

§ 166.84 Statutes authorizing second entries.

Where a person commuted a homestead entry before June 5, 1900, or paid the Indian price of the land entered before May 17, 1900, his homestead right is restored. See acts of June 5, 1900, and May 22, 1902 (sec. 2, 31 Stat. 269; 43 U. S. C. 217, and sec. 2, 32 Stat. 203; 25 U. S. C. 423), and the act of May 17, 1900 (31 Stat. 179; 25 U. S. C. 421). (R. S. 2478; 43 U. S. C. 1201)

ADJOINING FARM HOMESTEADS

§ 166.85 Qualifications of applicants; requirements to complete entries.

An adjoining farm entry may be made for such an amount of public lands lying contiguous to lands owned and resided upon by the applicant as will not, with the lands so owned and resided upon, exceed in the aggregate 160 acres; but no person will be entitled to make entry of this kind who is not qualified to make an original homestead entry. A person who has made one homestead entry, although for a less amount than 160 acres, and

perfected title thereto, is not qualified to make an adjoining farm entry. In connection with an entry of this character, there must be shown the required amount of residence and cultivation after the date thereof, but both residence and cultivation may be had on the original tract. (R. S. 2478; 43 U. S. C. 1201)

HOMESTEAD SUBJECT TO MORTGAGE LOANS AUTHORITY: §§ 166.86 and 166.87 issued under R.S. 2478; 43 U.S.C. 1201.

§ 166.86 Mortgage loans

on existing homestead entries; allowance of homestead applications for lands subject to mortgages held by the United States acting through the Secretary of Agriculture; occupancy of the land.

(a) A homestead entryman desiring a loan on an existing homestead entry under the act of October 19, 1949 (63 Stat. 883, 7 U.S.C. Supp. III, secs. 1006a, 1006b) should consult the Farmers Home Corporation of the Department of Agriculture.

(b) Where a homestead entry subject to a mortgage loan is canceled or relinquished and the loan has not been satisfied, a lien held by the United States acting through the Secretary of Agriculture would attach to the land under the act of October 19, 1949, and such land becomes subject to homestead entry for a period of one year from the date the canceled entry was closed or for one year from the date the entry was relinquished by an applicant who is qualified for an initial loan and who has not exercised his homestead rights. An applicant for such land must first consult the Farmers Home Corporation. Such a homestead application must not be filed in the land office until the applicant has been selected and directed to do so by the Farmers Home Corporation.

(c) The final arrangements of a mortgage loan between the homestead applicant and the Farmers Home Corporation are not completed until after the homestead application has been allowed as an entry. Upon the allowance of such an application the entryman will be notified not to occupy the land until he has completed the arrangements of the loan and he has been instructed to occupy the land by the Farmers Home Corporation.

(d) Decisions canceling homestead entries subject to such mortgage liens for defaults on the mortgage or for noncompliance with the homestead laws will contain a clause allowing 15 days from

167.34 Mortgage loans on existing homestead entries; allowance of homestead applications for lands subject to mortgages held by the United States acting through the Secretary of Agriculture; оссиpancy of the land.

167.35 Mortgage liens.

AUTHORITY: §§ 167.1 to 167.35 issued under R. S. 2478; 43 U. S. C. 1201.

SOURCE: §§ 167.1 to 167.35 appear at 19 F. R. 8975, Dec. 23, 1954; 26 F.R. 5006, June 6, 1961, except as otherwise noted.

CROSS REFERENCES: For applications and entries, see Parts 101 to 108 of this chapter. For Kinkaid homesteads, see Part 169 of this chapter. For land classifications, see Part 296 of this chapter.

For national forest homesteads, see Part 170 of this chapter. For original, additional, second and adjoining farm homesteads, authorized by the general provisions of the homestead laws, see Part 166 of this chapter. For stock-raising homesteads, see Part 168 of this chapter.

§ 167.1

GENERAL REGULATIONS

States in which enlarged homesteads may be made; character of land subject thereto.1

(a) The act of February 19, 1909 (35 Stat. 639; 43 U.S.C. 218) (extended by later legislation to additional States), and the act of June 17, 1910 (36 Stat. 531; 43 U.S.C. 219), provide for the making of homestead entries for areas of not exceeding 320 acres of public land in the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming designated by the Secretary of the Interior as nonmineral, nontimbered, nonirrigable. As to Idaho, the act of June 17, 1910, provides that the lands must be "arid."

(b) The terms "arid" or "nonirrigable" land, as used in these acts, are construed to mean land which, as a rule, lacks sufficient rainfall to produce agricultural crops without the necessity of resorting to unusual methods of cultivation, such as the system commonly known as dry farming, and for which there is no known source of water supply from which such land may be successfully irrigated at a reasonable cost.

(c) Lands containing merchantable timber, or valuable minerals other than coal, phosphate, nitrate, potash, oil, gas, sodium, sulphur, or asphaltic minerals, and lands within a reclamation project, or lands which may be irrigated at a reasonable cost from any known source of water supply may not be entered under these acts. Entry may be allowed for the surface only of lands containing any of the minerals named. A legal subdivision will not be regarded as irrigable and excluded from designation under these acts because a minor portion of it is susceptible of irrigation unless said portion is at least one-eighth thereof. Where there is an application for additional entry after submission of final proof on the original the land covered by the original will not be regarded as irrigable, and excluded from designation, upon the ground that more than oneeighth of any subdivision is irrigable, unless said original embraces the equivalent of 20 or more acres of land in a reasonably compact body that can be thoroughly irrigated and reclaimed.

1 See footnote to § 166.3 of this chapter