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Title 43 — Public LandsRelease 119-73

§905 Homestead entries on forfeited lands

Title 43 › Chapter CHAPTER 21— - GRANTS IN AID OF RAILROADS AND WAGON ROADS › § 905

Last updated Apr 6, 2026|Official source

Summary

People who, in good faith, were actually living on the lands forfeited under section 904 on September 29, 1890, and who otherwise qualify, can claim those lands under the homestead law if they file within six months after the Commissioner of the General Land Office issues instructions to local land offices. They get priority to enter under the homestead rules in sections 904 to 907 and are treated as settlers from the day they first occupied the land. Anyone who, before September 29, 1890, did not get homestead or preemption benefits, or who failed to finish getting title on land they had earlier entered, may make a second homestead entry under sections 904 to 907. The Secretary of the Interior must make rules to protect these settlers’ rights. This does not give railroad companies any extra time or larger rights than those in sections 904 to 907.

Full Legal Text

Title 43, §905

Public Lands — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Executive Documents

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, §§ 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, § 403, eff.
July 16, 1946, 11 F.R. 7876, 60 Stat. 1100. See note set out under section 1 of this title.

Reference

Citations & Metadata

Citation

43 U.S.C. § 905

Title 43 — Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73