applications to enter, purchase, or select any of such lands, excepting when settlement or application to enter, purchase, or select prior to the date of filing of the State's application is alleged or disclosed of record. § 272.24 Commencement of survey of proposed irrigation system. (a) Within 3 months after the date of filing the application for withdrawal in the local office the State must file a corroborated statement by the proposer, his or its engineer, or the State engineer that the work of surveying and laying out the proposed irrigation system has been actually commenced in the field and is being energetically prosecuted. This statement should show the work accomplished and the result. (b) In default of such showing by the State, the withdrawal will be promptly revoked. § 272.25 Restoration of withdrawn tracts not susceptible of irrigation. In the event that any of the tracts withdrawn are found to be above the proposed irrigation works, or for any other reason not susceptible of irrigation, the fact and description of the nonreclaimable land by smallest legal subdivisions should be at once communicated to the Bureau of Land Management, that they may be relieved from the withdrawal. § 272.26 Causes for revocation of with drawal. If at any time after withdrawal it is shown that the State is not energetically prosecuting the investigation and survey of the lands, that the same are not reclaimable by the proposed system of reclamation, are not desert in character, or for any reason are not subject to the provisions of the Carey Act, or that the proposer is not proceeding in good faith, the withdrawal will be at once revoked. § 272.27 Notations of withdrawals and restoration procedure. The one year mentioned in the act as the period of withdrawal will commence on the date of approval of the application by the Bureau of Land Management. LANDS APPLIED FOR, SEGREGATED OR § 272.28 Status of lands. Lands embraced in pending applications filed by States under the act of Au gust 18, 1894 (28 Stat. 422; 43 U.S.C. 641), and described in accompanying maps and plans of irrigation; lands withdrawn under the act of March 15, 1910 (36 Stat. 237; 43 U.S.C. 643) ; and lands covered by approved segregations under the said act of August 18, 1894, are not subject to settlement, application, entry, or other filings while reserved, withdrawn, or segregated, and applications to file, select, or enter shall be rejected by the manager. (Sec. 4, 28 Stat. 422, as amended; 43 U. S. C. 641) PREFERENCE RIGHT OF ENTRY ON RESTORATION OF SEGREGATED CAREY ACT LANDS AUTHORITY: §§ 272.29 to 272.37 issued under 41 Stat. 407; 43 U. S. C. 644. § 272.29 Statutory authority. The act approved February 14, 1920, (41 Stat. 407; 43 U.S.C. 644), provides that on the restoration of segregated Carey Act lands, entrymen of such lands under the State laws may be accorded a preference right of entry under applicable land laws. § 272.30 Director to ascertain status of lands under State laws. Prior to the restoration to entry of lands theretofore segregated under the Carey Act, the Bureau will take steps to ascertain from the proper State officers whether any entries have been allowed under the State law for any of the segregated lands, which are to be restored, and if any such entries have been allowed, the status thereof and action taken by the State with reference thereto. § 272.31 Restoration when there are no entries under the State laws. If it is shown with reasonable certainty, either from the report of the State officers or by other available information, that there are no entries under the State law on the basis of which a claim to preference right of entry might be asserted and maintained, then the act of February 14, 1920, may be disregarded in the restoration of the lands to entry. § 272.32 Restoration when there are entries under State laws. If it appears from the report of the State officers or otherwise that there are entries under the State law which may properly be the basis of preference right under this act, in the order restoring the lands, the authorized officer will make suitable provision for the filing of appli cations to enter or select by those claiming a preference-right under the act of February 14, 1920 (41 Stat. 407; 43 U.S.C. 644). CROSS REFERENCE: For preference rights accorded for service in World War II, see §§ 181.1–181.8 of this chapter. § 272.33 Conflicting applications. In case the preference-right claim is allowed, any conflicting applications will be rejected as to the land embraced in the allowed preference claim; in case the preference-right claim is rejected, conflicting applications will then be disposed of the same as if such preference-right claim had not been filed. § 272.34 Persons entitled to preference right. The act of February 14, 1920, applies only to cases of entries in good faith in compliance with the requirements of the State law, with a view to reclaiming the land and procuring title pursuant to the provisions of the Carey Act; the act does not apply to cases where persons have settled on or improved the segregated land, either with the approval of the State authorities or otherwise, not pursuant to the State laws or not in anticipation of reclaiming the lands and procuring title under the Carey Act, but for the purpose of initiating some kind of a claim to the land on its restoration because of failure of the project or cancellation of the segregation. § 272.35 Persons not entitled to preference right. The act of February 14, 1920, does not apply to cases where the State entry has been canceled or forfeited for default on the part of the State entryman in carrying out his part of the contract, unless such default on the part of the State entryman as the result of conditions which culminated in the elimination of the lands from the project; the allowance of a subsequent entry for the same land by the State would be presumptive that the default was the fault of the State entryman whose entry was forfeited or canceled. amended, giving preference rights to exservice men, for by the terms of the act rights thereunder are made subject to "prior existing valid settlement rights and preference rights conferred by existing laws or as against equitable claims subject to allowance and confirmation"; rights under the act of February 14, 1920, are considered to be within the class described by the language quoted. CROSS REFERENCE: For preference rights accorded for service in World War II, see §§ 181.1-181.8 of this chapter. § 272.37 Adjudication of preferenceright applications. Applications to enter or select under applicable public land laws in the exercise of the preference rights granted by this act of February 14, 1920, will be considered and adjudicated the same as other applications under such laws, except as otherwise provided in the act of February 14, 1920; that is to say, each applicant must be qualified under the law under which he seeks to make entry or selection, and he must fully comply with such law in order to secure patent, with the single exception that one who exercises his preference right by making entry under the homestead law “shall be entitled to a credit, as residence upon his new homestead entry allowed hereunder, of the time he has actually lived upon the claim as a bona fide resident thereof." QUITCLAIMS AND RELINQUISHMENTS AUTHORITY: §§ 272.50 and 272.51 issued under secs. 1-4, 68 Stat. 703; 43 U. S. C. 641a-641d. § 272.50 Statutory authority. The act of August 13, 1954 (68 Stat. 703), directs the Secretary of the Interior to issue (a) quitclaim deeds to the public land States for all lands patented to such States under section 4 of the Carey Act of August 18, 1894 (28 Stat. 422; 43 U.S.C. 641) and (b) patents for all unpatented public lands within each State segregated under that act as of August 13, 1954, for which the State issued final certificates or other evidence of right prior to June 1, 1953 or as to which equitable claims to the lands accrued prior to that date by reason of cultivation or improvement of the lands for agricultural development purposes. The act provides that the Secretary shall issue such deeds and patents to a State only if that State (1) makes proper application for the transfer of the lands before August 13, 1957, and (2) quitclaims or relinquishes all right, title, and interest in the State to any and all other lands under the Carey Act. [Circ. 1896, 20 F.R. 137, Jan. 5, 1955] § 272.51 Applications. Any State desiring to secure a patent, a quitclaim deed, or both under the act must file prior to August 13, 1957, a proper application in the land office for the State in which the desired lands are located. The application must be filed in duplicate and in a form satisfactory to the appropriate land office. No standard form is prescribed for the application but it must include the following: (a) The legal description and acreage of the lands for which a quitclaim deed is desired, together with the numbers, if any, and, when feasible, the dates of the original patents to the lands. (b) The legal description and acreage of the lands for which a patent is desired, together with (1) the numbers and dates of the segregation lists which segregated the lands and (2) the basis for certification of the listed lands under the act. Where the State has issued documentary evidence of a right to enter upon and cultivate the lands, the statement of the basis for certification need only be a reference to the number and date of such documents. (c) A certification that the State prior to June 1, 1953 issued final certificates or other evidence of right to the listed segregated lands or, in the absence of such action, that equitable rights to such lands accrued prior to June 1, 1953, by reason of cultivation or improvement of the lands for agricultural development purposes. (d) A quitclaim or relinquishment, effective as of the date of issuance of the requested patent and/or quitclaim deed, of all right, title, and interest in the State to any and all lands under the Carey Act other than those to which it is entitled under the act of August 13, 1954 (68 Stat. 703). (e) An affidavit by the signing officer describing the authority which authorized him, on behalf of the State, to make application under the act and to quitclaim or relinquish the State's right, title, or interest in all other lands under the Carey Act. [Circ. 1896, 20 F.R. 137, Jan. 5, 1955] PART 273 RAILROAD GRANTS, ETC. ADJUSTMENT OF RAILROAD GRANTS Sec. 273.4 273.5 Lands erroneously patented or certi- ADJUSTMENT OF CONFLICTS BETWEEN NORTH- 273.31 Unsurveyed land not to be patented. ADJUSTMENTS OF CERTAIN CLAIMS WITHIN THE INDEMNITY LIMITS OF THE NORTHERN PACIFIC RAILROAD GRANT 273.45 Statutory authority. 273.46 Governing regulations. ADJUSTMENT OF CERTAIN CLAIMS WITHIN THE LIMITS OF THE NORTHERN PACIFIC RAILROAD GRANT IN WASHINGTON AND OREGON 273.50 Statutory authority. 273.51 Governing regulations. ADJUSTMENT OF CERTAIN CLAIMS WITHIN THE LIMITS OF THE NORTHERN PACIFIC RAILROAD GRANT IN WASHINGTON 273.52 Statutory authority. 273.53 Adjustment of claims. ISSUANCE OF PATENTS FOR LANDS SOLD TO INNOCENT PURCHASES FOR VALUE BY CERTAIN RAILROAD CARRIERS 273.68 Statutory authority. 273.69 Lands for which applications may be made. AUTHORITY: §§273.4 to 273.73 issued under R. S. 2478; 43 U. S. C. 1201. SOURCE: §§ 273.4 to 273.73 appear at 19 F. R. 9145, Dec. 23, 1954, except as otherwise noted. CROSS REFERENCES: For land classifications, see Part 296 of this chapter. For patents, in general, see Part 108 of this chapter. For relinquishments, cancellations, and reinstatements, see Part 105 of this chapter. For rights-of-way for railroads and station grounds, see Part 243 of this chapter. For Appeals and Contests, see Part 221 of this chapter. For surveys, in general, see Part 280 of this chapter. ADJUSTMENT OF RAILROAD GRANTS § 273.4 Lands erroneously patented or certified to a railroad company. (a) (1) The fourth section of the act of March 3, 1887 (24 Stat. 557; 43 U.S.C. 897) relates to all lands which have been erroneously certified or patented on account of railroad grants, except those mentioned in the third section, and by the grantee company sold to citizens or to persons who have declared their intention to become citizens of the United States; and provides that after the title to such lands has been restored to the United States as contemplated by the second section of the act, persons who have purchased such land in good faith, their heirs or assigns, shall be entitled to the lands upon making proof at the proper land office, whereupon patents shall issue relating back to the date of the original certification or patenting, and the grantee company will be required to pay the United States for such lands at the price at which other similar lands are legally held by the Government. (2) The purchaser from the company is not debarred by the act from recovering from the company the amount of purchase money paid by him less the amount paid by the company to the United States for the land. (3) A mortgage or pledge of such lands is not a sale within the intention of the act. (4) No forfeiture is declared by this act against any land grants for conditions broken (and no entry is authorized for lands legally within such grant), but no rights of the United States on account of breach of conditions are waived by the act. (b) An applicant for land under this section will be required to publish notice of intention to make proof as in homestead cases, and the proof must show: (1) That he is, or has declared his intention to become, a citizen of the United States. (2) That he is a bona fide purchaser from the company or some person claiming title under it, and the character of the instrument conveying the land to him. (3) The amount of purchase money paid to the company. (4) What part, if any, of the purchase money paid to the company has been re funded to him or any person acting as his agent. (5) Whether he has instituted proceedings against the company for the recovery of any portion of the purchase money; if so, for what portion. (6) The value and character of the improvements, if any, made or acquired by him upon the land. (7) Whether there is any person of the first class under the third section of the act entitled to the right of entry under the homestead laws. (c) Upon the submission of satisfactory proof as prescribed in paragraph (b) (1) to (7) of this section the manager will issue certificate, in duplicate, numbered in the regular cash series with annotations thereon showing that the entry is allowed without payment under the fourth section of the act of March 3, 1887 (24 Stat. 557; 43 U. S. C. 897). CROSS REFERENCE: For regulations concerning publication of proof notices, see § 106.14 of this chapter. § 273.5 Bona fide purchasers from railroads of lands excepted from grant may purchase Government title. (a) (1) The fifth section of the act of March 3, 1887 (24 Stat. 557; 43 U.S.C. 898) relates to lands within the limits of railroad grants, co-terminus with constructed portions of the lines of road, not conveyed on account of, but excepted from, the grants. (2) Under this section, when the company has sold to citizens of the United States or persons who have declared their intention to become such citizens, the numbered sections prescribed in the grant and co-terminus with the constructed portions of the road, within either the granted or indemnity limits, and which upon the adjustment of the grant are shown to be excepted from the operation of the grant, it shall be lawful for such purchasers (if their purchases are bona fide) to purchase said land from the Government by payment of the Government price for like lands, unless said lands were at the date of purchase in the bona fide occupancy of adverse claimants under the preemption or homestead laws, in which case the preemptor or homestead claimant may be permitted to perfect his proof unless he has since voluntarily abandoned the land. (3) Under the last proviso of said section, however, if a settlement was made on said lands subsequent to December 1, 1882, by persons claiming the same under the settlement laws of the United States, it will defeat the right of the purchaser, whether said purchase was made prior or subsequent to December 1, 1882, and the settler will be allowed to prove up for said lands as in other like cases. (b) Applicants to purchase under this section will be required to publish notice of intention as directed by instructions under the third and fourth sections, and the proof must show: (1) That the tract was of the numbered sections prescribed by the grant. (2) That it was co-terminous with constructed parts of said road. (3) That it was sold by the company to the applicant, or one under whom he claims, as a part of its grant. (4) That it was excepted from the operation of the grant. (5) That at the date of said sale it was not in the bona fide occupancy of adverse claimants under the preemption or homestead laws, whose claims and occupancy have not since been voluntarily abandoned. (6) That it has not been settled upon subsequent to the 1st day of December, 1882, by any person or persons claiming the right to enter the same under the settlement laws. (7) That the applicant is, or has declared his intention to become, a citizen of the United States. (8) And that he, or one under whom he claims, was a bona fide purchaser of the land from the company. (c) The proof upon the points as outlined in paragraph (b) of this section, being found satisfactory, the entry will be allowed and the usual cash certificate and receipts will be issued thereon reciting the fact that the entry is in accordance with the fifth section of the act of March 3, 1887 (24 Stat. 557; 43 U. S. C. 898). (d) No entry will be allowed under this section until it shall have been finally determined by this Department that the land was excepted from the grant. ADJUSTMENT OF CONFLICTS BETWEEN NORTHERN PACIFIC RAILROAD GRANT AND SETTLERS a relinquishment by a qualified settler, or his heirs or assigns for any part of an odd-numbered section in either the granted or the indemnity limits of the land grant to the Northern Pacific Railroad, now Railway Company pursuant to the act of July 1, 1898 (30 Stat. 620), the individual claimant, upon receiving notice of the acceptance of his relinquishment, will be entitled, upon proper application, to select other lands, according to the condition and limitations of said act. § 273.36 Applications to select lieu lands.1 Applications to select lieu lands under the act of July 1, 1898, by an individual claimant must be presented to the land office of the district within which the lands selected are situate. The application must particularly state the description and acreage of the lands relinquished, the acceptance by the Bureau of Land Management of the relinquishment, and the description of the lands selected, and must be accompanied by proof that the land selected is of the character subject to selection. If the records of the land office do not show to the contrary, the character of the land will be deemed to be prima facie established where the application is supported by the statement of the individual claimant, based upon a personal examination of the land. CROSS REFERENCE: For land classification requirements in connection with the selected lands, see Part 296 of this chapter. § 273.37 Selection segregates land. When any lands, whether surveyed or unsurveyed, have been selected under the act of July 1, 1898, by an individual claimant, no right thereto can be initiated by settlement or entry while such selection remains of record. § 273.38 Proof of individual claimant. Where lands are selected by an individual claimant in lieu of lands the claim to which has not been carried to final entry and certificate, or to the submission of final proof entitling him to 118 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. |