
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.
