Page:United States Statutes at Large Volume 70.djvu/772

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PUBLIC LAW 834-JULY 30, 1956

[70 S T A T.

subsisting on the date of approval of this Act, is hereby granted permission to suspend until March 1, 1959, further operations looking to the cultivation and improvement of the lands: Proinded^ That such entryman shall forfeit no rights and shall not otherwise be excused from full compliance with the applicable public land laws by reason of such absence or of such suspension of cultivation and improvement Protection of operations: And provided further, That the rights of such entrymen rights. shall not be protected by this Act unless they file with the land office having jurisdiction over the area in which the land is located, (a) a notice of their intention to absent themselves from the land or to suspend cultivation and improvement operations and accompanying such notice information as to location and extent of present cultivation or improvement placed on the entry, and (b) a grant to the United States, for itself and for its lessees, licensees, and permittees, of a right to enter upon and occupy the lands which have not been prepared for cultivation or which have not had improvements placed on them, without recourse, for any purpose authorized by the public land laws, except that such grant need not include a right to construct permanent improvements on the land or to permit a substantial change in its character. SEC. 2. Any person who on March 1, 1956, had on file a homestead or desert land application which application shall be allowed on its merits subsequent to enactment of this Act and prior to March 1, 1959, shall not be required to enter upon the lands and commence residence thereon, or cultivate and improve the lands prior to March 1, 1959: Provided, That said person files with the land offices having jurisdiction over the area in which the land is located, (a) within sixty days after the date of allowance of his entry, a notice of his intention to delay initiation of his residence, cultivation, or improvements, and (b) at least ninety days prior to initiation of his residence, cultivation, or improvements, a notice of his intention to initiate said activity. For the purposes of the homestead and desert land laws, March 1, 1959, may be treated as the date of the entry, if an actual entry has not been made prior to that date. I f an actual entry is made prior to March 1, 1959, the date of such actual entry shall be the date of entry for the purposes of the homestead and desert land laws. Until an actual entry by a person subject to the provisions of this section has been made, or until March 1, 1959, whichever first occurs, the United States, for itself and for its lessees, permittees, and licensees, shall retain the right to enter upon, and occupy the lands in each such entry, without recourse, for any purpose authorized by the public land laws: Provided, That the United States, its lessees, permittees, and licensees, shall not construct permanent improvements on the lands or otherwise substantially change such lands in their character. SEC. 3. Notwithstanding any other provision of the desert land laws, the property right prior to issuance of patent to the lands in his desert land entry of an entryman who elects to suspend cultivation and improvement operations in accordance with section 1 of this Act and of an entryman whose entry is allowed in accordance with section 2 of this Act shall be a personal right, inheritable but not assignable. SEC. 4. This Act shall apply only to applications filed for, or entries made on, public lands in the continental United States, exclusive of Alaska, pursuant to the Act of May 20, 1862 (12 Stat. 392; 43 U.S.C. ch. 7), as amended and supplemented, and pursuant to Act of March 3, 1877 (19 Stat. 377; 43 V. S. ( I, ch. 9), as amended and supplemented. Nothing in this Act shall apply to applications filed for, or entries made on, public lands i^ursuant to the Act of June 17, 1902 (32 Stat. 43 USC 37inote. 388; 43 U.S.C. ch. 12), as amended and supplemented. Approved July 30, 1956.

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