2038 43 U.S.C.--PUBLIC LANDS-SEC. 279 That in the event of the death of such homestead entrywoman prior to perfection of title, leaving only a minor child or children, patent shall issue to the said minor child or children upon proof of death, and of the minority of the child or children, without further showing or compliance with law. (R. S. § 2307; Feb. 25, 1919, ch. 37, 40 Stat. 1161; Sept. 21, 1922, ch. 357, 42 Stat. 990.) § 279. Preference right of entry of World War II and Korean conflict 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 Korean conflict as determined by Presidential proclamation or concurrent resolution of the Congress, 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 such compliance shall include bona fide cultivation of at least one-eighth of the area entered under the homestead laws: Provided further, 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 Korean conflict as determined by Presidential proclamation or concurrent resolution of the Congress, and is honorably discharged shall be disqualified from making homestead entry or from any other benefits of sections 279-284 of this title merely by reason of not having reached the age of twenty-one years. (Sept. 27, 1944, ch. 421, § 1, 58 Stat. 747; June 25, 1946, ch. 474, 60 Stat. 308; May 31, 1947, ch. 88, § 1, 61 Stat. 123; June 18, 1954, ch. 306, § 1 (a), (b), 68 Stat. 253.) § 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, 43 U.S.C.-PUBLIC LANDS-SEC. 283 2039 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, ch. 421, § 2, 58 Stat. 748; May 31, 1947, ch. 88, § 2, 61 Stat. 123). § 281. Same; death as affecting minor children's patent rights. Where a person entitled to the benefits of section 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, ch. 421, § 3, 58 Stat. 748.) § 282. Same; rights on revocation of withdrawal order. For the period of fifteen 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, ch. 421, § 4, 58 Stat. 748; May 31, 1947, ch. 88, § 3, 61 Stat. 124; June 18, 1954, ch. 306, § 1(c), 68 Stat. 254.) § 283. Same; rules and regulations. The Secretary of the Interior is 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, ch. 421, § 6, formerly § 5, 58 Stat. 748, renumbered June 3, 1948, ch. 399, 62 Stat. 305.) 2040 43 U.S.C.-PUBLIC LANDS-SEC. 284 § 284. Same; definitions. As used in sections 279-283 of this title, the term "homestead" includes land hereafter disposed of under section 461 of Title 48: Provided, That nothing in this section shall be construed to extend any cultivation requirements to lands disposed of under section 461 of Title 48. As used in sections 279-283 of this title, the words "equitable claims subject to allowance and confirmation" include claims of holders of permits issued by the Department of Agriculture on lands eliminated from national forests, whose permits have been terminated only because of such elimination and who own valuable improvements on such lands. (Sept. 27, 1944, ch. 421, § 5, as added June 3, 1948, ch. 399, 62 Stat. 305.) 2041 TITLE 50, APPENDIX, U.S. CODE-WAR AND NATIONAL DEFENSE * * * DISPOSAL OF SURPLUS POWER TRANSMISSION LINES § 1622. Disposal to local governments and nonprofit institutions. (d) Power transmission lines. * * * * Whenever any State or political subdivision thereof, or any State or Government agency or instrumentality certifies to the Administrator of General Services that any power transmission line determined to be surplus property under the provisions of this Act [former sections 1611-1614, 1615-1622, 1623-1632 and 1633-1646 of this Appendix] is needful for or adaptable to the requirements of any public or cooperative power project, such line and the right-ofway acquired for its construction shall not be sold, leased for more than one year, or otherwise disposed of, except as provided in section 12 [former section 1621 of this Appendix] or this section, unless specifically authorized by Act of Congress. EXPLANATORY NOTE Origin and Cross Reference. This provision was contained in section 13 of the Surplus Property Act of 1944, 58 Stat. 770. For later general provisions dealing with the disposition of surplus property see the Fed eral Property and Administrative Services Act of 1949, extracts from which appear herein in chronological order under date of June 30, 1949. |