§ 1181. — Repeal of laws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1181]
TITLE 43--PUBLIC LANDS
CHAPTER 28--MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER IV--TIMBER CULTURE
Sec. 1181. Repeal of laws
An Act entitled ``An Act to amend an Act entitled `An Act to
encourage the growth of timber on the western prairies,' '' approved
June 14, 1878, and all laws supplementary thereto or amendatory thereof
are repealed: Provided, That this repeal shall not affect any valid
rights accrued or accruing under said laws but all bona fide claims
lawfully initiated prior to March 3, 1891, may be perfected upon due
compliance with law, in the same manner, upon the same terms and
conditions, and subject to the same limitations, forfeitures, and
contests as if this section had not been passed: Provided further, That
the following words of the last clause of section 2 of said Act, namely,
``That not less than twenty-seven hundred trees were planted on each
acre,'' are repealed: Provided further, That in computing the period of
cultivation the time shall run from the date of the entry, if the
necessary acts of cultivation were performed within the proper time:
Provided further, That the preparation of the land and the planting of
trees shall be construed as acts of cultivation, and the time authorized
to be so employed and actually employed shall be computed as a part of
the eight years of cultivation required by statute: Provided further,
That if trees, seeds, or cuttings were in good faith planted as provided
by law and the same and the land upon which so planted were thereafter
in good faith cultivated as provided by law for at least eight years by
a person qualified to make entry and who has a subsisting entry under
the timber-culture laws, final proof may be made without regard to the
number of trees that may have been then growing on the land: And
provided, That any person who has made entry of any public lands of the
United States under the timber-culture laws, and who has for a period of
four years in good faith complied with the provisions of said laws and
who is an actual bona fide resident of the State or Territory in which
said land is located shall be entitled to make final proof thereto, and
acquire title to the same, by the payment of $1.25 per acre for such
tract, under such rules and regulations as shall be prescribed by the
Secretary of the Interior, and such officers as the Secretary may
designate shall be allowed the same fees and compensation for final
proofs in timber-culture entries as is now allowed by law in homestead
entries: And provided further, That no land acquired under the
provisions of this section shall in any event become liable to the
satisfaction of any debt or debts contracted prior to the issuing of the
final certificate therefor.
(Mar. 3, 1891, ch. 561, Sec. 1, 26 Stat. 1095; Mar. 3, 1893, ch. 208, 27
Stat. 593; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100.)
References in Text
An Act entitled ``An Act to amend an Act entitled `An Act to
encourage the growth of timber on the western prairies,' '' approved
June 14, 1878, referred to in text, is act June 14, 1878, ch. 190, 20
Stat. 113, which is not classified to the Code.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out
under section 1451 of this title.
``Such officers as the Secretary may designate'' substituted for
``registers'' on authority of section 403 of Reorg. Plan No. 3 of 1946.
See note set out under section 1 of this title.
