§ 905. — Homestead entries on forfeited lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC905]
TITLE 43--PUBLIC LANDS
CHAPTER 21--GRANTS IN AID OF RAILROADS AND WAGON ROADS
Sec. 905. Homestead entries on forfeited lands
All persons who, on September 29, 1890, were actual settlers in good
faith on any of the lands forfeited by section 904 of this title and
were otherwise qualified, on making due claim on said lands under the
homestead law within six months after the date of the promulgation by
the Commissioner of the General Land Office of the instructions to the
officers of the local land offices, for their direction in the
disposition of said lands, shall be entitled to a preference right to
enter the same under the provisions of the homestead law and sections
904 to 907 of this title, and shall be regarded as such actual settlers
from the date of actual settlement or occupation; and any person who
prior to September 29, 1890, has not had the benefit of the homestead or
preemption law, or who has failed from any cause to perfect the title to
a tract of land theretofore entered by him under either of said laws,
may make a second homestead entry under the provisions of sections 904
to 907 of this title. The Secretary of the Interior shall make such
rules as will secure to such actual settlers these rights: Provided,
That nothing herein shall extend any time or enlarge any rights given by
sections 904 to 907 of this title to any railroad company.
(Sept. 29, 1890, ch. 1040, Sec. 2, 26 Stat. 496; Feb. 18, 1891, ch. 244,
26 Stat. 764.)
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.
Office of Commissioner of General Land Office abolished and
functions transferred to Secretary of the Interior, or that officer as
he may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100. See note set out under section 1 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 904, 906, 907 of this title.
