(2) Nothing in this section shall excuse any homestead entryman from making improvements or performing the cultivation upon his entry required by law. The provisions of this section shall apply only to persons whose applications have been allowed or filed prior to the effective date of this Act (Oct. 17, 1940) Oct. 17, 1940, c. 888, Section 510, 54 Stat. 1189.

Section 571. Land rights of persons under 21.

Any person under the age of twenty-one who serves in the military service while this Act (sections 501-548 and 560–590 of this appendix) remains in force shall be entitled to the same rights under the laws relating to lands owned or controlled by the United States, including the mining and mineral leasing laws, as those over twenty-one now possess under such laws. Any requirements as to establishment of residence within a limited time shall be suspended as to entry by such person until six months after his discharge from military service. Applications for entry may be verified before any officer in the United States or any foreign country authorized to administer oaths by the laws of the State or Territory in which the land may be situated. Oct. 17, 1940, c. 888, Section 511, 54 Stat. 1189.

2 (b) (7), Item 365f

VETERANS' PREFERENCE UNDER THE HOMESTEAD AND OTHER LAND LAWS (43 U. S. C. 279-283)

These provisions reduce the requirements for veterans of World War II with respect to homestead entries, gives them preferred rights of application under certain public-land laws, and grants various benefits to their dependents, as follows:

Any person who has served in the military or naval forces of the United States for a period of at least 90 days, at any time on or after September 16, 1940, and "prior to the termination of the present war", and is honorably discharged and thereafter makes homestead entry shall have the period of such service, not exceeding two years, construed to be the equivalent of residence and cultivation upon the land for the same length of time: Provided, That no person who has served in the military or naval forces of the United States for a period of at least ninety days at any time on or after September 16, 1940, and "prior to the termination of the present war" and is honorably discharged shall be disqualified from making homestead entry or from any other benefits of this act merely by reason of not having reached the age of twenty-one years (sec. 1, 43 U. S. C. 279). If a person dies from wounds received or disability incurred in line of duty in the military or naval forces during the period aforesaid or dies after having served in those forces for at least ninety days during that period, his surviving spouse or minor children shall have certain benefits with respect to homesteading (sec. 2, 43 U. S. C. 280). If a person entitled to any of the aforesaid benefits makes homestead entry and dies before completing title, leaving one or more minor orphan children, patent shall issue to them without proof as to residence, cultivation, or improvements (sec. 3, 43 U. S. C. 281). Persons of the classes entitled to credit for service under the foregoing provisions shall, until September 27, 1954, have a preferred right of application under homestead or desert land laws, and under 43 U. S. C. 682a, concerning the sale of certain lands chiefly valuable as a home, cabin, camp, health, convalescent, recreational, or business site (sec. 4, 43 U. S. C. 282).

Section 279. Preference right of entry of World War II veterans.

Any person who has served in the military or naval forces of the United States for a period of at least ninety days at any time on or after September 16, 1940, and prior to the termination of the present war, and is honorably discharged from the military or naval forces and who makes homestead entry subsequent to such discharge shall have the period of such service, not exceeding two years, construed to be equivalent to residence and cultivation upon the land for the same length of time. Credit shall be allowed for two years' service to any person who has served in the military or naval forces of the United States during the above period.

(1) if such person is discharged on account of wounds received or disability incurred during the above period in the line of duty, or (2) if such person is regularly discharged and subsequently is furnished hospitalization or is awarded compensation by the Government on account of such wounds or disability. When the homestead entry is made by a husband or wife whose spouse is entitled

to any service credit under this section, such credit shall, with the consent of the spouse entitled thereto, be available to the husband or wife making the entry, in addition to any service credit to which he or she individually may be entitled under this section. No patent shall issue to any such person who has not resided upon his homestead and otherwise complied with the provisions of the homestead laws for a period of at least one year: Provided, That no person who has served in the military or naval forces of the United States for a period of at least ninety days at any time on or after September 16, 1940, and prior to the termination of the present war, and is honorably discharged shall be disqualified from making homestead entry or from any other benefits of sections 279-283 of this title merely by reason of not having reached the age of twenty-one years. Sept. 27, 1944, c. 421, Section 1, 58 Stat. 747, amended June 25, 1946, c. 474, 60 Stat. 308; May 31, 1947, c. 88, Section 1, 61 Stat. 123.

Section 280. Same; dependents' rights.

The surviving spouse or the minor children, as hereinafter provided, shall be entitled (1) in case of the death of any person as the result of wounds received or disability incurred in line of duty while serving in the military or naval forces of the United States during the period specified in section 279 of this title, to credit for two years' residence and cultivation on a homestead entry, or (2) in the case of the death of any person after performing service that would be a basis for credit under section 279 of this title, to the amount of credit which would have been allowable to such person. The credit provided by this section shall be available to the surviving spouse, or, in the case of the death or marriage of the surviving spouse, to the minor children by a guardian duly appointed and officially accredited at the Department of the Interior. An entry made by such surviving spouse or guardian shall be subject to the provisions contained in section 279 of this title respecting compliance with the provisions of the homestead laws for a period of at least one year. Sept. 27,

1944, c. 421, Section 2, 58 Stat. 748, amended May 31, 1947, c. 88, Section 2, 61 Stat. 123.

Section 281. Same; death as affecting minor children's patent rights.

Where a person entitled to the benefits of sections 279 or 280 of this title makes homestead entry and dies before completing title, leaving a minor orphan child, or minor orphan children, patent shall issue to such minor or minors upon proof showing such facts, without any proof as to compliance with the law in the matter of residence, cultivation, or improvements. Sept. 27, 1944, c. 421, Section 3, 58 Stat. 748.

Section 282. Same; rights on revocation of withdrawal order.

For the period of ten years following September 27, 1944, on the revocation of any order of withdrawal or the filing of a plat of survey or resurvey opening lands to entry, the order or notice taking such action shall provide for a period of not less than ninety days before the date on which it otherwise becomes effective, in which persons of the classes entitled to credit for service, under the provisions of sections 279-282 of this title, shall have a preferred right of application under the homestead or desert land laws, or section 682a of this title, subject to the requirements of applicable law, except as against the prior existing valid settlement rights and preference rights conferred by existing laws or as against equitable claims subject to allowance and confirmation, and except where a revocation of an order of withdrawal is made in order to assist in a Federal land program other than one authorized by the homestead or desert land laws or by section 682a of this title. During the same period if the Secretary of the Interior shall, without a prior petition therefor, classify any land as being suitable for disposition under section 682a of this title, the order of classification shall provide a similar preference right of application under section 682a of this title, subject to the exceptions contained in this section. Sept. 27, 1944, c. 421, Section 4, 58 Stat. 748, amended May 31, 1947, c. 88, Section 3, 61 Stat. 124.

Section 283. Same; rules and regulations.

The Secretary of the Interior is hereby authorized to make such rules and regulations as may be necessary to carry the provisions of sections 279-283 of this title into full force and effect. Sept. 27, 1944, c. 421, Section 5, 58 Stat. 748, renumbered Section 6, June 3, 1948, c. 399, 62 Stat. 305.

98207-52-15

2 (b) (8) Item 365g

VETERANS' PREFERENCE WITH RESPECT TO LANDS WITHIN THE BOULDER

CANYON PROPECT (43 U. S. C. 617h)

In connection with lands within the Boulder Canyon project, this provision grants an exclusive preference right of entry on lands of the United States to "all persons who served in the United States Army, Navy, Marine Corps, or Coast Guard during World War II" or certain enumerated previous wars or insurrections.

Section 617h. Lands capable of irrigation and reclamation by irrigation works provided for in this chapter; public entry; preferences.

All lands of the United States found by the Secretary of the Interior to be practicable of irrigation and reclamation by the irrigation works authorized in sections 617-617i, 617k-617t of this title shall be withdrawn from public entry. Thereafter, at the direction of the Secretary of the Interior, such lands shall be opened for entry, in tracts varying in size but not exceeding one hundred and sixty acres, as may be determined by the Secretary of the Interior, in accordance with the provisions of the reclamation law, and any such entryman shall pay an equitable share in accordance with the benefits received, as determined by the said Secretary, of the construction cost of said canal and appurtenant structures; said payments to be made in such installments and at such times as may be specified by the Secretary of the Interior, in accordance with the provisions of the said reclamation law, and shall constitute revenue from said project and be covered into the fund provided for in sections 617-617i, 617k-617t of this title: Provided, That all persons who served in the United States Army, Navy, Marine Corps, or Coast Guard during World War II, the War with Germany, the War with Spain, or in the suppression of the insurrection in the Philippines, and who have been honorably separated or discharged therefrom or placed in the Regular Army or Naval Reserve, shall have the exclusive preference right for a period of three months to enter said lands, subject, however, to the provisions of section 433 of this title; and also, so far as practicable, preference shall be given to said persons in all construction work authorized by section 617-617i, 617k-617t of this title: Provided further, That the above exclusive preference rights shall apply to veteran settlers on lands watered from the Gila canal in Arizona the same as the veteran settlers on lands watered from the All-American canal in California: Provided further, That in the event such an entry shall be relinquished at any time prior to actual residence upon the land by the entryman for not less than one year, lands so relinquished shall not be subject to entry for a period of sixty days after the filing and notation of the relinquishment in the local land office, and after the expiration of said sixty-day period such lands shall be open to entry, subject to the preference in this section provided. Dec. 21, 1928, c. 42, Section 9, 45 Stat. 1063, as amended Mar. 6, 1946, c. 58, 60 Stat. 36.

2 (c) The ten-year period provided for in section 4 of the Act of September 27, 1944, cited in paragraph (7) of subsection (b) of this section, extended to two years following the period of the national emergency proclaimed on December 16, 1950, or to such shorter period as the Congress by concurrent resolution of the President may provide.

Section 282. Same; rights on revocation of withdrawal order.

For the period of ten years following September 27, 1944, on the revocation of any order of withdrawal or the filing of a plat of survey or resurvey opening lands to entry, the order or notice taking such action shall provide for a period of not less than ninety days before the date on which it otherwise becomes effective, in which persons of the classes entitled to credit for service, under the provisions of sections 279-282 of this title, shall have a preferred right of application under the homestead or desert-land laws, or section 682a of this title, subject to the requirements of applicable law, except as against the prior existing valid settlement rights and preference rights conferred by existing laws or as against equitable claims subject to allowance and confirmation, and except where a revocation of an order of withdrawal is made in order to assist in a Federal land program other than one authorized by the homestead or desert land laws or by section 682a of this title. During the same period if the Secretary of the Interior shall, without a prior petition therefor, classify any land as being suitable for disposition under section 682a of this title, the order of classification

shall provide a similar preference right of application under section 682a of this title, subject to the exceptions contained in this section. Sept. 27, 1944, c. 421, Section 4. 58 Stat. 748. amended May 31. 1947. c. 88. Section 3. 61 Stat. 124. Section 682a. Same for home, health, business, etc., sites.

The Secretary of the Interior, in his discretion, is authorized to sell or lease, to any person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who has filed his declaration of intention to become such a citizen, as required by the naturalization laws, a tract of not exceeding five acres of any vacant, unreserved, surveyed public land, or surveyed public land withdrawn or reserved by the Secretary of the Interior for any other purposes, or surveyed lands withdrawn by Executive Orders Numbered 6910 of November 26, 1934, and 6964 of February 5, 1935, for classification, which the Secretary may classify as chiefly valuable as a home, cabin, camp, health, convalescent, recreational, or business site in reasonably compact form and under such rules and regulations as he may prescribe, at a price to be determined by him, for such use: Provided, That no tract shall be sold for less than the cost of making any survey necessary to properly describe the land sold; that no person shall be permitted to purchase more than one tract under the provisions of this section, except upon a showing of good faith and reasons satisfactory to the Secretary, and that patents for all tracts purchased under the provisions of this section shall contain a reservation to the United States of the oil, gas, and other mineral deposits, together with the right to prospect for, mine, and remove the same under such regulations as the Secretary may prescribe: Provided further, That any employee of the Department of the Interior, stationed in Alaska, notwithstanding such employment, may, in the discretion of the Secretary, purchase or lease one such tract in the Territory of Alaska, except business sites, under this section. June 1, 1938, c. 317, 52 Stat. 609, as amended July 14, 1945, c. 298, 59 Stat. 467.

STATEMENT OF HENRY S. SAHM, ATTORNEY, SOLICITOR'S OFFICE, DEPARTMENT OF THE INTERIOR

Mr. SAHм. I am Henry S. Sahm, attorney with the Office of the Solicitor, Department of the Interior.

Seated with me on my left is Mr. Clarence Bradshaw, who is assistant chief counsel of the Bureau of Land Management. I think for purposes of presentation it might be well to consider at one time the three items in H. J. Res. 386 with which the Department of Interior is concerned.

In addition to the one Mr. Burrus mentioned, I would like to refer the committee to item 2 (b) (7) on page 29 of the House document, and which has to do with veterans' preference under the homestead and other land laws, and on the next page, page 30, item 2 (b) (8) which has to do with the veterans' preference with respect to lands within the Boulder Canyon project.

I believe, Mr. Chairman, that in considering these three items that have to do with veterans' preferences and benefits under the public land laws, that it might be well to present to you some background on these public-land laws and how veterans' preferences and benefits tie up with them.

Mr. BURRUS. Excuse me, Mr. Sahm. Item 2 (c), on page 31, is really a part of item 2 (b) (7). That would be included, too.

Mr. SAHм. I intended to come to that. Generally speaking, the Federal public land is land held by the Government for disposition under the public-land laws. Before discussing the particular land laws that we are concerned with in House Joint Resolution 386, I might mention that the so-called public lands or public domain are principally located in Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, and Alaska.

The establishment of a homesite through settlement, without cost, on the public lands of the United States long has been a tradition of the American way of life; the desire to homestead. The first homestead law which followed earlier land disposal statutes was approved by President Lincoln in 1862.

Ever since colonial times soldiers and sailors have been taking advantage of the land-acquisition provisions of our laws which granted our returning veterans of the various wars certain benefits and preferences with respect to acquiring public-domain lands. The Congress has granted to our veterans of World War II such benefits and preferences in obtaining title to public land. The Congress has granted to our veterans of the various wars certain benefits and preferences in acquiring public lands.

For instance, a homesteader who is not a veteran must live on the land he settles on for 3 years. He must cultivate it and have a habitable house upon the land in order to obtain a patent to it. However, any veteran of World War II who makes a homestead entry is entitled to have the term of his service in the Army or Navy, not exceeding 2 years, deducted from the 3 years' residence required under the

homestead laws.

Mr. PICKETT. May I interrupt you at that point, please? If I understand, then, if a veteran has served as much as 2 years in the Armed Forces, and wants to exercise his homestead rights under your law, he would have to comply with the requisites for every other person for only one additional year; is that right?

Mr. SAHM. That is right.

Mr. PICKETT. However, if the veteran had served only 18 months or such less time, as the facts might indicate, he would have to conform to the regulations for the 1-year period plus such additional period as would make his time in service and that additional period meet the 3-year requirement?

Mr. SAHM. Yes, sir; except let me explain this: In order for the veteran to get the 2 years' maximum credit he need only serve in the Armed Forces 19 months, or more.

Mr. PICKETT. How did that happen?

Mr. SAHM. A scale has been worked out whereby for a certain amount of time that is served in the Armed Forces you get equivalent credit insofar as this 2-year maximum is concerned. Mr. Bradshaw might be able to go into greater detail on this.

Mr. BRADSHAW. Under the law a man is required to reside on his entry for 7 months during each 12-month period. He is entitled to as many as two absences totaling not more than 5 months. So the veteran is given the benefit of the 5 months' absence period and is only required to serve 19 months in order to obtain two full years' credit.

Mr. PICKETT. Then he gets another 5 months' gratuity without ever having gone on there?

Mr. BRADSHAW. That is right.

Mr. SAHM. I might mention, however, that if the veteran was discharged on account of wounds received or disabilities incurred in the line of duty, credit is allowed for 2 years of military or naval service, regardless of the time he spent in service.

Another type of benefit accorded veterans of World War II is bore orders are issued opening public lands to acquisition. In