Title 43Public LandsRelease 119-73

§2605 Oregon and California land-grant fund; annual distribution of moneys

Title 43 › Chapter CHAPTER 44— - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS › Subchapter SUBCHAPTER I— - ADMINISTRATION › § 2605

Last updated Apr 6, 2026|Official source

Summary

All money in the Oregon and California land-grant fund must be split each year starting March 1, 1938. Half (50 percent) goes to the counties that contain the revested lands. Those county payments start on or after June 30, 1938 and continue yearly. Each county gets its share based on the assessed value of the grant lands in that county in 1915. Any grant land not assessed in 1915 is treated as if it had the county’s average assessed value that year. One quarter (25 percent) is first used to pay unpaid "in lieu of tax" claims that accrued before March 1, 1938 under the Act of July 13, 1926 (44 Stat. 915). The Secretary of the Treasury pays those sums to counties after the Secretary of the Interior certifies them, until the old claims are gone. After that, this 25 percent is credited to the Treasury general fund until amounts the general fund is owed by the land-grant fund are repaid. If, after the old claims are paid, the yearly county payments under the 50 percent rule are less than 78 percent of the total tax claims that accrued for 1934, up to three-fifths of this 25 percent may be used that year to make up the difference. When the Treasury is fully repaid, that 25 percent is paid yearly on or after September 30 to counties the same way as the 50 percent. The last 25 percent is set aside for administering this law in amounts Congress decides. Any of that money not used for administration goes into the Treasury general fund and, while any repayment owed to the general fund remains, must be applied to those repayments.

Full Legal Text

Title 43, §2605

Public Lands — Source: USLM XML via OLRC

On and after March 1, 1938, all moneys deposited in the Treasury of the United States in the special fund designated the “Oregon and California land-grant fund” shall be distributed annually as follows:
(a)Fifty per centum to the counties in which the lands revested under the Act of June 9, 1916 (39 Stat. 218), are situated, to be payable on or after June 30, 1938, and each year thereafter to each of said counties in the proportion that the total assessed value of the Oregon and California grant lands in each of said counties for the year 1915 bears to the total assessed value of all of said lands in the State of Oregon for said year, such moneys to be used as other county funds: Provided, however, That for the purposes of this subsection the portion of the said revested Oregon and California railroad grant lands in each of said counties which was not assessed for the year 1915 shall be deemed to have been assessed at the average assessed value of the grant lands in said county.
(b)Twenty-five per centum to said counties as money in lieu of taxes accrued or which shall accrue to them prior to March 1, 1938, under the provisions of the Act of July 13, 1926 (44 Stat. 915), and which taxes are unpaid on said date, such moneys to be paid to said counties severally by the Secretary of the Treasury of the United States, upon certification by the Secretary of the Interior, until such tax indebtedness as shall have accrued prior to March 1, 1938, is extinguished.From and after payment of the above accrued taxes said 25 per centum shall be accredited annually to the general fund in the Treasury of the United States until all reimbursable charges against the Oregon and California land-grant fund owing to the general fund in the Treasury have been paid: Provided, That if for any year after the extinguishment of the tax indebtedness accruing to the counties prior to March 1, 1938, under the provisions of Forty-fourth Statutes, page 915, the total amount payable under subsection (a) of this section is less than 78 per centum of the aggregate amount of tax claims which accrued to said counties under said Act for the year 1934, there shall be additionally payable for such year such portion of said 25 per centum (but not in excess of three-fifths of said 25 per centum), as may be necessary to make up the deficiency. When the general fund in the Treasury has been fully reimbursed for the expenditures which were made charges against the Oregon and California land-grant fund said 25 per centum shall be paid annually, on or after September 30, to the several counties in the manner provided in subsection (a) hereof.
(c)Twenty-five per centum to be available for the administration of this subchapter, in such annual amounts as the Congress shall from time to time determine. Any part of such per centum not used for administrative purposes shall be covered into the general fund of the Treasury of the United States: Provided, That moneys covered into the Treasury in such manner shall be used to satisfy the reimbursable charges against the Oregon and California land-grant fund mentioned in subsection (b) so long as any such charges shall exist.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of
June 9, 1916, referred to in subsec. (a), is act
June 9, 1916, ch. 137, 39 Stat. 218, which is not classified to the Code. Act of
July 13, 1926 (44 Stat. 915), Forty-fourth Statutes, page 915, and said Act, referred to in subsec. (b), mean act
July 13, 1926, ch. 897, 44 Stat. 915, which is not classified to the Code. This subchapter, referred to in subsec. (c), was in the original “this Act”, meaning act Aug. 28, 1937, ch. 876, 50 Stat. 874, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Tables. Codification Section was formerly classified to section 1181f of this title prior to editorial reclassification and renumbering as this section. Section comprises all of title II of act Aug. 28, 1937, except the last par. which is set out as a

Repeals

note under section 2601 of this title.

Amendments

1976—Subsec. (b). Pub. L. 94–273 substituted “September” for “June”. 1954—Subsec. (a). Act June 24, 1954, inserted proviso relating to determination of assessment.

Reference

Citations & Metadata

Citation

43 U.S.C. § 2605

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73