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INSTRUCTIONS UNDER ENLARGED HOMESTEAD A
OF FEBRUARY 19, 1909.

DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFIoE,
Washington, D. 0., December 14, 1909.
The Registers and Receivers, United States Land Oﬁices, Colorado, Mon-
tana, Nevada, Oregon, Utah, Washington, Wyoming, Arizona, and‘
New Mexico.
GENTLEMEN: The following instructions are issued for your guid-
ance in the administration of the act of Congress, approved February
19, 1909, “to provide for an enlarged homestead” (35 Stat., 639),
copy of which may be found at the end of these instructions:
HOMESTEAD ENTRIES FOR 320 ACRES—KIND OF LAND SUBJECT
TO SUCH ENTRY.
1 . The ﬁrst section of the act provides for the making of homestead
entry ‘for an area of 320 acres, or less, of nonmineral, nontimbered,
nonirrigable public land in the States of Colorado, Montana, Nevada,
Oregon, Utah, Washington, Wyoming, and in the Territories of Ari-_
zona and New Mexico.
The term “nonirrigable land,” as used in this act, is construed to
mean land which, as a rule, lacks sufficient rainfall to produce agri-
cultural crops without the necessity of resorting to unusual methods
of cultivation, such as the system commonly known as “dry farm-
ing,” and for which there is no known source of water supply from
which such land may be successfully irrigated at a reasonable cost.
Therefore, 'lands containing merchantable timber, mineral lands,
and lands within a reclamation project, or lands which may be irri-
gated at a reasonable cost from any known source of water supply,
may not be entered under this act. Minor portions of a legal subdi-
vision susceptible of irrigation from natural sources, as, for instance,
a spring, will not exclude such subdivision from entry under this act,
provided, however, that no one entry shall embrace in the aggregate
more than 40 acres of such irrigable lands.
DESIGNATION OR CLASSIFICATION OF LANDS—APPLICATIONS
TO ENTER.
2. From time to time lists designating the lands which are subject
to ‘entry under this act will be sent you, and immediately upon receipt
of such lists you will note upon the tract books opposite the tracts so
designated, “Designated, act February 19, 1909.” Untilsuch lists
21908-10 :
.j


.3 . ’ ,
341w‘


.6)’ '
have been received in your office, no applications to enter should be
Z-
and no entries allowed under this act, but after the receipt
such lists it will be competent for you to dispose of applications for
' embraced therein under the provisions of this act, in like man-
;éjier as other applications for public lands, without ﬁrst submitting
to the General Land Ofﬁce for consideration.
The fact that lands have been designated as subject to entry is not
-1 *étiabnclusive as to the character of such lands. Each entryman must
-;;,;.‘j.§i:;j.§ﬁ1rnish the affidavit required by section 2 of the act, and should it
":‘izméilfterwards develop that the land is not of the character contemplated
by the above act, the entry must be canceled or the area reduced, as
the circumstances may warrant.


COMPACTNE S S—FEE S.
8. Lands entered under this act must be in a reasonably compact
form, and in no event exceed 1% miles in length.
The act provides that the fees shall be the same as those now
. required to be paid under the homestead laws; therefore, while the
fees may not in any one case exceed the maximum fee of 3510, required
under the general homestead law, the commissions will be determined
by the area of land embraced in the entry.
FORM OF APPLICATION.
4. Applications to enter must be submitted upon aﬁidavit, Form
N 0. 4-003, copy of which is annexed hereto.
The afﬁdavlt of applicant as to the character of the lands must be
corroborated by two witnesses. It is not necessary that such wit-
nesses be acquainted with the applicant, and if they are not so
acquainted their afﬁdavit should be modiﬁed accordingly.
ADDITIONAL ENTRIES.
5. Section 3 of the act .provides that any homestead entryman of
lands of the character described in the ﬁrst section of the act, u on
which entry ﬁnal proof has not been made, may enter such ot er
lands, subject to the provisions of this act, contiguous to the former
entry, which shall not, together with the lands embraced. in the
original entry, exceed 320 acres, and that residence upon and culti-
vation of the original entry shall be accepted as equivalent to resi-
dence upon and cultivation of the additional entry.
This section contemplates that lands may, subsequent to entry,
be classiﬁed or designated by the Secretary of the Interior as falling
within the provisions of this act, and in such cases an entryman of
such lands who had not at the time of the classiﬁcation or designa-
tion of the lands made ﬁnal proof may make such additional entry,
provided he is otherwise qualiﬁed. Applicants for such additional
entries must, of course, tender the proper fees and commissions and
must make application and aﬁidavit on the Form No. 4-004, attached
hereto. Entrymen who made ﬁnal proof on the original entries prior
to the date of the act or prior to the classiﬁcation or designation of
the lands as coming within the provisions of the act are not entitled
\ to make additional entries under this act.
3
FINAL PROOFS ()N ORIGINAL AND ADDITIONAL ENTRIES—COM-
MUTATION NOT ALLOWED.
6. Final proofs must be made as in ordinary homestead cases, and
in addition to the showing required of ordinary homestead entrymen
it must be shown that at least one-eighth of the area embraced in
each entry has been continuously cultivated to agricultural crops
other than native grasses, beginning with the second year of the entry,
and that at least one-fourth of the area embraced in the entry has
been continuously cultivated to agricultural crops other than native
grasses, beginning with the third year of the entry and continuing to
date of ﬁnal proof. .
Final proof submitted on an additional entry must show that the
area of such entry required by the act to be cultivated has been cul-
tivated in accordance with such requirement; or that such part of the
original entry as will, with the area cultivated in the additional entry,
aggregate the required proportion of the combined entries, has been
cultivated in the manner required by the act.
Proof must be made on the original entry within the statutory
period of seven years from the date of the entry; and if it can not be
shown at that time that the cultivation has been such as to satisfy
the requirements of the act as to both entries it will be necessary to
submit supplemental proof on the additional entry at the proper time.
But proof should be made at the same time to cover both entries in
all cases where the residence and cultivation are such as to meet the
requirements of the act.
Commutation of either original or additional entry, made under
this act, is expressly forbidden.
RIGHT OF ENTRY.
7. Homestead entries under the provisions of section 2289 of the
Revised Statutes, for 160 acres or less, may be made by qualiﬁed per-
sons within the States and Territories named upon lands subject to
such entr 7, whether such. lands have been designated under the pro-
visions of this act or not. But those who make entry under the pro-
visions of this act can not afterwards make homestead entry under
the provisions of the general homestead law, nor can an entryman
who enters under the general homestead law lands designated as fall-
ing within the provisions of this act afterwards enter any lands under
this act. _
A person who has, since August 30, 1890, entered. and acquired
title to 320 acres of land under the agricultural-land laws (which is
construed to mean the timber and stone, desert land, and homestead
laws), is not entitled to make entry under this act; neither is a person
who has acquired title to 160 acres under the general homestead law
entitled to make another homestead entry under this act, unless he
comes within the provisions of section 3 of the act providing for addi-
tional entries of contiguous lands, or unless entitled to the beneﬁts of
section 2 of the act of June 5, 1900 (31 Stat., 267), or section 2 of the
act of May 22, 1902 (32 Stat, 203).
If, however, a person is a qualiﬁed entryman under the homestead
laws of the United States, he may be allowed to enter 320 acres under
this act, or such a less amount as when added to the lands previously‘
entered or held by him under the agriculturz'rl land laws shall not
exceed in the aggregate 480 acres.
4
CONSTRUCTIVE RESIDENCE PERMITTED ON CERTAIN LANDS IN
UTAH.
8. The siXth section of the act under consideration provides that
not exceeding 2,000,000 acres of land in the State of Utah, which do
not have upon them sufficient water suitable for domestic purposes
will render continuous residence upon such lands possible, may be
designated by the Secretary of the Interior as subject to entry under
the provisions of this act; with the exception, however, that entrymen
of such lands will not be required to prove continuous residence
thereon. The act provides in such cases that all entrymen must reside
within such distance-of the land entered as will enable them success-
fully to farm the same as required by the act; and no attempt will be
made at this time to determine how far from the land‘ an entryman
will be allowed to reside, as it is believed that a proper determination
of that question will depend upon the circumstances of each case.
Applications to enter under this section of the act will not be
received until lists designating or classifying the lands subject to entry
thereunder have been ﬁled and noted in the local land offices. Such
lists will be from time to time furnished the registers and receivers,
who will immediately upon their receipt note upon the tract books
opposite the tract so listed the words “Designated, section 6, act
February 19, 1909.” Stamps for making the notations required
by these instructions will be hereafter furnished the local officers.
Applications under this section must be submitted upon Form 4~-003,
copy of which is annexed hereto.
FINAL PROOFS ON ENTRIES ALLOWED UNDER SECTION 6—RESI-
DENCE—COMMUTATION NOT ALLOWED.
9. The ﬁnal proof under this section must be made as in ordinary
homestead entries, except that proof of residence on the land will not
be required, in lieu of which the entryman will be required to show
that from the date of original entry until the time of making ﬁnal
proof he resided within such distance from said land as enabled him
to successfully farm the same. Such proof must also show that not
less than one-eighth of the entire area of the land entered was culti-
vated during the second year; not less than one-fourth during the
third year; and not less than one-half during the fourth and ﬁfth
years after entry.
OFFICERS BEFORE WHOM APPLICATION AND PROOFS MAY BE
MADE.
10. The act provides that any person applying to enter land under
the provisions thereof, shall make and subscribe before the proper
officer an affidavit, etc. The term. “proper officer,” as used herein, is
held to mean any oﬁicer authorized to take affidavits or proof in
homestead cases.
Very respectfully, FRED DENNETT,
Commissioner.
Approved, December 14, 1909.
R. A. BALLINGER,
Secretary.
5
[PUBLIC—NO. 245.]
[S. 6155.]
AN ACT To provide for an enlarged homestead.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That any person who is a qualiﬁed entryman under the home-
stead laws of the United States may enter, by legal subdivisions, under the provisions
of this act, in the States of Colorado, Montana, Nevada, Oregon, Utah, Washington,
and Wyoming, and the Territories of Arizona and New Mexico, three hundred and
twenty acres, or less, of nonmineral, nonirrigable, unreserved and unappropriated
surveyed public lands which do not contain merchantable timber, located in a reason-
ably compact body, and not over one and one—half miles in extreme length: Provided,
That no lands shall be subject to entry under the rovisions of this act until such
lands shall have been designated by the Secretary 0 the Interior as not being, in his
opinion, susceptible of successful irrigation at a reasonable cost from any known source
of water supply. -
SEC. 2. That any person applying to enter land under the provisions of this act
shall make and subscribe before the proper officer an aiﬁdavit as required by sec-
tion twenty-two hundred and ninety of the Revised Statutes, and in addition thereto
shall make affidavit that the land sought to be entered is of the character described
in section one of this act, and shall pay the fees now required to be paid under the
homestead laws.
SEO. 3. That any homestead entryman of lands of the character herein described,
upon which ﬁnal proof has not been made, shall have the right to enter public lands,
subject to the provisions of this act, contiguous to his former entry which shall not,
together with the original entry, exceed three hundred and twenty acres, and residence
upon and cultivation of the original entry shall be deemed as residence upon and
cultivation of the additional entry.
SEC. 4. That at the time of making ﬁnal proofs as provided in section twenty-two
hundred and ninety-one of the Revised Statutes the entryman under this act shall,
in addition to the proofs and afﬁdavits required under the said section, prove by two
credible witnesses that at least one-ei hth of the area embraced in his entry was
continuously cultivated to agricultura crops other than native grasses beginnin
with the second year of the entry, and that at least one-fourth of the area embrace
in the entry was so continuously cultivated beginning with the third year of the entry.
SE0. 5. That nothing herein contained shall be held to affect the right of a qualiﬁed
entryman to make homestead entry in the States named in section one of this act
under the provisions of section twenty-two hundred and eighty-nine of the Revised
Statutes, but no person who has made entry under this act shall be entitled to make
homestead entry under the provisions of said section, and no entry made under this
act shall be commuted. '
SE0. 6. That whenever the Secretary of the Interior shall ﬁnd that any tracts of
land, in the State of Utah, subject to entry under this act, do not have upon them
such a sufﬁcient supply of water suitable for domestic purposes as would make con-
tinuous residence upon the lands possible, he may, in his discretion, designate such
tracts of land, not to exceed in the aggregate two million acres, and thereafter they
shall be subject to entry under this act without the necessity of residence: Pro—
vided, That in such event the entryman on any such entry shall in good faith cultivate-
not less than one-ei hth of the entire area of the entry durin the second year, one-
fourth during the third year, and one-half during the fourt and ﬁfth years after
the date of such entry, and that after entry and until ﬁnal proof the entryman shall
reside within such distance of said land as will enable him successfully to farm the
same as required by this section.
Approved, February 19, 1909. (35 Stat, 639.)
4-003.
[Form approved by the Secretary of the Interior March 25, 1909.]
DEPARTMENT OF THE INTERIOR.
HOMESTEAD ENTRY.
[Act February 19, 1909.]
U. S. Land Ofﬁce, . . . . . . . . . . - . No. . -. .
APPLICATION AND AFFIDAVIT.
I, . . . . . . . . . . - . (give full Christian name) . . . . - - (male or female), a resident of
. . . . . . . . . . . . . . . . . . (town, county, and State), do hereby apply to enter, under the
6
act of February 19, 1909 (35 Stat, 639), the . . . . . . section . . . . . ., township . . . . . . '
7
range . _ . . - -, . . . . merldlan, containing - - . . . acres, within the . - - . . land distnct;
and I do solemnly swear that I am not the proprietor of more than 160 acres of land in
any State or Territory; that I, . . . . . . . . . . - . (applicant must state whether native born,
naturalized, or has ﬁled declaration of intention to become a citizen. If not native
born, certiﬁed copy of naturalization or declaration of intention, as case may be, must
be ﬁled with this application), . . . . - -, citizen of the United States, and am . . . . . . - .
(state whether the head of a family, married or unmarried, or over twenty-one years of
age, and if not over twenty-one applicant must set forth the facts which constitute him
the head of a family); that my post-office address is . . . . - . ; that this application is hon-
estly and in good faith made for the purpose of actual settlement and cultivation, and
not for the beneﬁt-of any other person, persons, or corporation; that I will faithfully and
honestly endeavor to comply with all the requirements of law as to settlement, resi-
dence, and cultivation necessary to acquire title to the land applied for; that I am not
acting as agent of any person, corporation, or syndicate in making this entry, nor in
collusion with any person, corporation, or syndicate to give them the beneﬁt of the
land entered, or any part thereof, or the timber thereon; that I do not apply to enter
the same for the purpose of speculation, but in good faith to obtain a home for myself,
and that I have not directly or indirectly made, and will not make, any agreement or
contract, in any way or manner, with any person or persons, corporation, or syndicate
whatsoever, by which the title which I may acquire from the Government of the
United States will inure in whole or in part to the beneﬁt of any person except myself.
I have not heretofore made any entry under the homestead, timber and stone, desert
land, or preemption laws except . . . . - . (here describe former entry or entries by sec-
tion, township, range, land district, and number of entry; how perfected, or if not per-
fected state that fact); that I am well acquainted with the character of the land herein
applied for and with each and every legal subdivision thereof, having personally ex-
amined same; that there is not to my knowledge within the limits thereof any vein or
lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, or copper,
nor any deposit of coal, placer, cement, gravel, salt spring, or deposit of salt, nor other
valuable mineral deposit; that no portion of said land is claimed for mining purposes
under the local customs or rules of miners, or otherwise; that no portion of said land is
worked for mineral during any part of the year by any person or persons; that said land
is essentially nonmineral land, and that my application therefor is not made for the
purpose of fraudulently obtaining title to mineral land; that the land is not occupied
and improved by any Indian; that the lands applied for do not contain merchantable
timber, and no timber except . . . . - - (here fully describe amount and kind of timber, if
any), and that it is not susceptible of successful irrigation at a reasonable cost from
any known source of water supply, except the following areas: . . . . . . . . . . . . (give
the subdivisions and areas of the lands, if any, susceptible of irrigation).
Q - - u - - . ~ - . - - . n Q . . - - - ~ _ a.
(Sign here, with full Christian name.)
N ore—Every person swearing falsely to the above affidavit will be punished as
provided by law for such offense. (See see. 5392, R. S., over.)
I hereby certify that the foregoing affidavit was read to or by afﬁant in my presence
before aﬂﬁant affixed signature thereto; that afﬁant is to me personally known, or has
been satisfactorily identiﬁed before me by . . . . . . . . . . - - (give full name and post-ofﬁce
address); that I verily believe afﬁant to be a qualiﬁed applicant and the identical
person hereinbefore described; and that said afﬁdavit was duly subscribed and sworn
to before me, at my office, in . . . . . - (town), . . . . . . . . . . . . (county and State), within
the . . . . . . land district, this . . . - day of . . . . . ., 19. .
o n ¢ a a o o c n c u a n n p ¢ a n g Q a a a-
- . - - - ¢ . - - - - - - - - - - ~ ~ - - . -—
(Oﬂicial designation of officer.)
We, , of , and , of , do solemnly swear that we
are well acquainted with the above-named afliant and the lands described, and
personally know that the statements made by him relative to the character of the
said lands are true. '


I hereby certify that the foregoing affidavit was read to or by afﬁants in my presence
before aﬂiants affixed signatures thereto; that afﬁants are to me personally known
(or have been satisfactorily identiﬁed before me by ); and that said
afﬁdavit was duly subscribed to before me at , this day of , 19———.
7


(Ofﬁcial designation of olﬁceri)
United States land office at . . . . . -
. . . . . . . . . . - - , 19- .
I hereby certify that the foregoing application is for surveyed land of the class which
the applicant is legally entitled to enter under the act of February 19, 1909, and that
there is no prior valid adverse right to the same; and has this day been allowed.
Register.
REVISED STATUTES OF THE UNITED STATES-TITLE LXX.-CRIMES._CHAP. 4.
SEO. 5392. Every person who, having taken an oath before a competent tribunal,
officer, or person, in any case in which a law of the United States authorizes an oath
to be administered, that he will testify, declare, depose, or certify truly, or that any
written testimony, declaration, deposition, or certiﬁcate by him subscribed is true, will-
fully and contrary to such oath states or subscribes any material matter which he does
not believe to be true, is guilty of perjury, and shall be punished by ﬁne of not more
than two thousand dollars, and by imprisonment, at hard labor, not more than ﬁve
years; and shall, moreover, thereafter be incapable of giving testimony in any court
of the United States until such time as the judgment against him is reversed. (See
sec. 1750.)
NOTE—In addition to the above penalty, every person who knowingly or willfully
in anywise procures the making or presentation of any false or fraudulent affidavit
ertaining to any matter within the jurisdiction of the Secretary of the Interior may
lie punished by ﬁne or imprisonment.
4—004.
[Form approved by the Secretary of the Interior, March 25, 1909.]
DEPARTMENT on THE INTERIOR.
APPLICATION AND AFFIDAVIT.
ADDITIONAL HOMESTEAD.
[Act of February 19, 1909.]
Application N o. . . . . - . Land office at . . . . - -
I, . . . . . - - , . . . . . . . . . . . . . . . ., of . . . . . . . . . . . . . . . ., do hereby apply to enter under
section 3 of the act of February 19, 1909 (35 Stat, 639), the . . . . . . . . . . . . . . . . . . . . - - of
section . . . . . . . . . . . -, township . . . . . . . . . . - -, range . . . . . . . . . . - -, . . . . . . . . . _ - - merid-
ian, containing . . . . . . . . _ . . . . . . . acres, as additional to my homestead entry No . . . . . - _
made . _ . . . . . . . . . . . . - . at . . . . . . . . . . . . . . . . land office for the . . . . . . . . . . . . . . . . . . . - -
section . . . . . . . . . . . . - -, township . . . . . . . . . . . . . ., range . . . . . . . . . . . . - . , . . . . . . . . . . . .
meridian.
I do solemnly swear that I am not the owner of more than one hundred and sixty
acres in any State or Territory, exclusive of the land included in my original entr
above described, and that this application is made for my exclusive beneﬁt as an addi-
tion to my original homestead entry, and not directly or indirectly for the use or bene-
ﬁt of any other person or persons whomsoever; that this application is honestly and
in good faith made for the purpose of actual settlement and cultivation; that I will
faithfully and honestly endeavor to comply with all the requirements of law; and that
I have not heretofore made an entry under the homestead, timber and stone, desert
land, or preem tion laws other than that above described, except . . . . . . . . . . . . . . . . - .
(here describe ormer entries, if any); that I am well acquainted with the character of
the land herein applied for and each and every legal subdivision thereof, having
passed over the same; that my personal knowledge of the land is such as to enable me
to testify understandin ly with regard thereto; that there is not to my knowledge
within the limits thereofiany vein or lode of quartz or other rock in place bearing gold,
silver, cinnabar, lead, tin, or copper, or any deposit of coal, cement, gravel, or other
valuable mineral deposit; that the land contains no salt springs or deposits of salt in
any form suﬁicient to render it valuable therefor; that no portion of said land is
claimed for mining purposes under the local customs or rules of miners or otherwise;
that no portion of the land is worked for minerals during any part of the year by any
person or persons, and that my application is not made for the purpose of fraudulently
obtaining title to mineral lands; that the land is not occupied and improved by any
Indian, and is unoccupied and unappropriated by any person claiming the same under
the public land laws other than myself; that the land embraced in t e original entry
' 8
and the land now applied for do not contain merchantable timber, and n0 timber ex-
cept . . . . . . . . . . . . . . . . . . . . (here fully describe amount and kind of timber, if any),
and that it is not susceptible of successful irrigation at a reasonable cost from any
known source of water supply, except ‘the following areas: . . . . . . . . . . . . . . . . . . . (Give
the subdivisions and areas of the lands, if any, susceptible of irrigation.
(Sign-here,- entertain-.11; hainei.)
N Ora—Every person swearing falsely to the above afﬁdavit will be punished as
provided by law for such offense. (See sec. 5392, R. 8., below.) .
I hereby certify that the foregoing aﬂidavit was read to or by afﬁant in my presence
before aﬁiant affixed signature thereto; that afﬁant is to me personally known (or
has been satisfactorily identiﬁed before me by . . . . . _ . . . . _ . _ . _ . _ _ _ [give full name
and post-oflice address]); that I verily believe affiant to be a qualiﬁed applicant and
the identical person hereinbefore described; and that said affidavit was duly sub-
scribed and sworn to before me, my office, in . . . . . . . . . _ - - (town), . . . . . . . . . . . . . -
. . . . . . . - (county and State), within the . . . . . . - - . - . - land district, this . . . - . . day of
. . . . . . , l9. .
a . - - - - - - - _ - - - . . - - . ~ _ ~ . ~_
(Official designation of oﬂicer.)

We, , of ————, and , of , do solemnly swear that we
are well acquainted with the above-named afﬁant and the lands described, and
personally know that the statements made by him relative to the character of the
said lands are true.
I hereby certify that the foregoing affidavit was read to or by affiants in my presence
before aﬂiants amxed signatures thereto; that aﬂiants are to me personally known
(or have been satisfactorily identiﬁed before me by ); and that said


affidavit was duly subscribed to before me at , this day of ,
l9 . »
(Official designation of officer.)
United States Land Office at . . . . . . . . . . . .,
. . . . . . . . . - - 19. .
‘ 7
I hereby certify that the foregoing application is for surveyed land of the class
which the applicant is legally entitled to enter under the act of February 19, 1909,
and that there is no prior valid adverse right to the same; and has this day been allowed.
' ~ - - - ~ - - - - ' - - - ~ - - ' - - ' - - - 7_
Reqzster.
REVISED STATUTES OF THE UNITED STATES—TITLE LXX, CRIMES, CHAP. 4.
SEC. 5392. Every person who, having taken an oath before a competent tribunal,
officer, or person, in any case in which a law of the United States authorizes an oath
to be administered, that he will testify, declare, depose, or certify truly, or that
any written testimony, declaration, deposition, or certiﬁcate by him subscribed is
true, willfully, and contrary to such oath states or subscribes any material matter
which he does not believe to be true, is guilty of perjury, and shall be punished by
ﬁne of not more than two thousand dollars, and by imprisonment, at hard labor,
not more than ﬁve years; and shall, moreover, thereafter be incapable of giving
testimony in any court of the United States until such time as the judgment against
him is reversed. (See sec. 1.750.)
Nora—In addition to the above penalty, every person who knowingly or willfully
in anywise procures the making or presentation of any false or fraudulent affidavit
pertaining to any matter within the jurisdiction of the Secretary of the Interior may
be punished by ﬁne or imprisonment.
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