Page:United States Statutes at Large Volume 54 Part 1.djvu/1221

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54 STAT.] 76TH CONG. , 3D SESS.-CH. 888 -OCT. 17, 1940 SEC. 501. (1) No right to any lands owned or controlled by the United States initiated or acquired under any laws of the United States, including the mining and mineral leasing laws, by any person prior to entering military service shall during the period of such service be forfeited or prejudiced by reason of his absence from the land or his failure to perform any work or make any improvements thereon or his failure to do any other act required by or under such laws. (2) If a permittee or licensee under the Act of June 28,1934 (48 Stat. 1269), enters military service, he may elect to suspend his permit or license for the period of his military service and six months thereafter, and the Secretary of the Interior by regulations shall provide for such suspension of permits and licenses and for the remission, reduction, or refund of grazing fees during such suspension. (3) This section shall not be construed to control specific require- ments contained in this article. SEC. 502. If any person whose application for a homestead entry has been allowed or who has made application for homestead entry which may thereafter be allowed, after such entry or application enters military service, or if any person who has a valid settlement claim enters military service, the Department of the Interior shall construe his military service to be equivalent to residence and cultiva- tion upon the tract entered or settled upon for the period of such service. From the effective date of this Act no contest shall be initiated on the ground of abandonment and no allegation of aban- donment shall be sustained against any such person, unless it shall be alleged in the preliminary affidavit or affidavits of contest and proved at the hearing in cases initiated subsequent to the effective date of this Act that the alleged absence from the land was not due to such military service. If such person is discharged on account of wounds received or disability incurred in the line of duty, the term of his enlistment and any period of hospitalization due to such wounds or disability shall be deducted from the required length of residence, without reference to the time of actual service. No patent shall issue to any such person who has not resided upon, improved, and cultivated his homestead for a period of at least one year. SEC. 503. (1) If any person whose application for a homestead entry has been allowed or who has made application for homestead entry which may thereafter be allowed or who has a valid settlement claim dies while in military service or as a result of such service, his widow, if unmarried, or in the case of her death or marriage, his minor children, or his or their legal representatives, may proceed forthwith to make final proof upon such entry or upon an application which is allowed after the applicant's death, or upon a homestead application thereafter allowed based on a valid settlement claim, and shall be entitled to receive a patent for such land. The death of such person while in military service or as a result of such service shall be construed to be equivalent to a performance of all requirements as to residence and cultivation upon such homestead or claim, notwith- standing the provisions of section 502 of this Act. (2) If such person is honorably discharged and because of physical incapacities due to such service is unable to return to the land, he may make final proof without further residence, improvement, or cultiva- tion, at such time and place as the Secretary of the Interior may authorize, and receive a patent to the land entered. (3) The Act of July 28, 1917 (40 Stat. 248), is hereby repealed. SEC. 504. (1) No desert-land entry made or held under the desert- land laws prior to the entrance of the entryman or his succesor in interest into military service shall be subject to contest or cancelation 1187 Public lands. Protection of rights during period of serv- ice. 43U.S.C. ch.8a; Supp. V, ch. 8a. Discretionary sus- pension of permit; re- fund of grazing fees. Exemptions. Service accepted for homestead residence. Credit allowed if discharged for dis- ability. Residence before issue of patent. Death of applicant for homestead while in service, etc. Rights of widow or minor children. Residence and cul- tivation requirements. Proof of entry if dis- charged with service disability. Repeal. 43U.S.C.§§241- 242, 272. Desert-land entry. Expenditure and reclamation require- ments.