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Title 43 — Public LandsRelease 119-73not60

§905 Homestead Entries on Forfeited Lands

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

Last updated Apr 5, 2026|Official source

Summary

People who on September 29, 1890 were living in good faith on lands forfeited under section 904, and who met the other qualifications, have the right to claim those lands first under the homestead law. They must file a homestead claim within six months after the Commissioner of the General Land Office issues instructions to the local land offices. They will be treated as settlers from the date they actually moved onto the land. Anyone who before September 29, 1890 never got homestead or preemption benefits, or who failed to finish the title on a previous entry, may make a second homestead claim under sections 904–907. The Secretary of the Interior must make rules to protect these rights. Nothing here extends time or gives extra rights to railroad companies.

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 5, 2026

Release point: 119-73not60