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43 U.S.C. § 2505 — Suspension of entries for correction of clerical errors; patents

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 2505 — Suspension of entries for correction of clerical errors; patents

Whenever it shall appear to the Secretary of the Interior, or such officer as he may designate, that a clerical error has been committed in the entry of any of the public lands such entry may be suspended, upon proper notification to the claimant, through the local land office, until the error has been corrected; and all entries made under the preemption, homestead, desert-land, or timber-culture laws, in which final proof and payment may have been made and certificates issued, and to which there are no adverse claims originating prior to final entry and which have been sold or incumbered prior to the 1st day of March, 1888, and after final entry, to bona fide purchasers, or incumbrancers, for a valuable consideration, shall unless upon an investigation by a Government agent, fraud on the part of the purchaser has been found, be confirmed and patented upon presentation of satisfactory proof to the Land Department of such sale or incumbrance: Provided, That after the lapse of two years from the date of the issuance of the receipt of such officer as the Secretary of the Interior may designate upon the final entry of any tract of land under the homestead, timber-culture, desert-land, or preemption laws, or under this act, and when there shall be no pending contest or protest against the validity of such entry, the entryman shall be entitled to a patent conveying the land by him entered, and the same shall be issued to him; but this proviso shall not be construed to require the delay of two years from the date of said entry before the issuing of a patent therefor.

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Stable record: federal_law:legal_authorities:record_usc_5cf7f8c3199ecccf51d0055a
Source file: Laws/federal/codes/united-states-code/title-43/section-2505-suspension-of-entries-for-correction-of-clerical-errors-patents--60ff12e72e.md
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Source location: Title 43, Chapter 43, § 2505; chapter-043-suspended-entries-and-claims-patents.md

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Whenever it shall appear to the Secretary of the Interior, or such officer as he may designate, that a clerical error has been committed in the entry of any of the public lands such entry may be suspended, upon proper notification to the claimant, through the local land office, until the error has been corrected; and all entries made under the preemption, homestead, desert-land, or timber-culture laws, in which final proof and payment may have been made and certificates issued, and to which there are no adverse claims originating prior to final entry and which have been sold or incumbered prior to the 1st day of March, 1888, and after final entry, to bona fide purchasers, or incumbrancers, for a valuable consideration, shall unless upon an investigation by a Government agent, fraud on the part of the purchaser has been found, be confirmed and patented upon presentation of satisfactory proof to the Land Department of such sale or incumbrance: Provided, That after the lapse of two years from the date of the issuance of the receipt of such officer as the Secretary of the Interior may designate upon the final entry of any tract of land under the homestead, timber-culture, desert-land, or preemption laws, or under this act, and when there shall be no pending contest or protest against the validity of such entry, the entryman shall be entitled to a patent conveying the land by him entered, and the same shall be issued to him; but this proviso shall not be construed to require the delay of two years from the date of said entry before the issuing of a patent therefor.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 165 — Transferred

### Statutory Notes #### Codification Section, act Mar. 3, 1891, ch. 561, § 7, 26 Stat. 1098, which related to suspension of entries for correction of clerical errors, was transferred to [section 1165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1165&num=0&edition=prelim), prior to editorial reclassification as [section 2505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2505&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 495 — Omitted

### Statutory Notes #### Codification Section, act Mar. 3, 1891, ch. 561, § 15, 26 Stat. 1101, which reserved the Annette Islands for the use of the Metlakahtla Indians, was omitted from the Code as being of special and not general application.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1181 — Omitted

### Statutory Notes #### Codification Section, act Mar. 3, 1891, ch. 561, § 1, 26 Stat. 1095; Mar. 3, 1893, ch. 208, 27 Stat. 593; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, which related to repeal of act June 14, 1878, ch. 190, 20 Stat. 113 (which is not classified to the Code), was omitted from the Code as obsolete.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 426 — Agreements with Indians not affected

Nothing in this act shall change, repeal, or modify any agreements or treaties made with any Indian tribes for the disposal of their lands, or of land ceded to the United States to be disposed of for the benefit of such tribes, and the proceeds thereof to be placed in the Treasury of the United States; and the disposition of such lands shall continue in accordance with the provisions of such treaties or agreements; except as provided in sections 161 and 162 11 See References in Text note below. of title 43.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1165 — Transferred

### Statutory Notes #### Codification Section 1165 was editorially reclassified as [section 2505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2505&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1 — Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632

### Statutory Notes Section, R.S. § 446; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided that there shall be in the Department of the Interior a Director of the Bureau of Land Management. Provision for a Bureau of Land Management in the Department of the Interior and for the structure of such Bureau is contained in section 403 of the 1946 Reorg. Plan No. 3, which is set out below. #### 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1451&num=0&edition=prelim). For transfer of records, property, personnel, and funds, see sections 1001 to 1003 of Reorg. Plan No. 3 of 1946, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, set out in the Appendix to Title 5, Government Organization and Employees. #### Bureau of Land Management Created Reorg. Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided: “(a) The functions of the General Land Office and of the Grazing Service in the Department of the Interior are hereby consolidated to form a new agency in the Department of the Interior to be known as the Bureau of Land Management. The functions of the other agencies named in subsection (d) of this section are hereby transferred to the Secretary of the Interior. “(b) There shall be at the head of such Bureau a Director of the Bureau of Land Management, who shall be appointed by the Secretary of the Interior under the classified civil service, who shall

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1451 — Establishment

There shall be at the seat of government an executive department to be known as the Department of the Interior, and a Secretary of the Interior, who shall be the head thereof.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 2505 — Suspension of entries for correction of

Page 642 TITLE 43—PUBLIC LANDS § 2504 eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. ‘‘Secretary of the Interior, or such officer as he may designate,’’ substituted for ‘‘Commissioner of the Gen- eral Land Office’’ on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. § 2504. Extent of foregoing provisions Sections 2501 to 2503 of this title shall be appli- cable to all cases of suspended entries and loca- tions, which have arisen in the Bureau of Land Management since the 26th day of June 1856 as well as to all cases of a similar kind which may hereafter occur, embracing as well locations under bounty-land warrants as ordinary entries or sales, including homestead entries and pre- emption locations or cases; where the law has been substantially complied with, and the error or informality arose from ignorance, accident, or mistake which is satisfactorily explained; and where the rights of no other claimant or pre- emptor are prejudiced, or where there is no ad- verse claim. (R.S. § 2457; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Editorial Notes CODIFICATION Section was formerly classified to section 1164 of this title prior to editorial reclassification and renumbering as this section. R.S. § 2457 derived from act June 26, 1856, ch. 47, 11 Stat. 22. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain 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. ‘‘Bureau of

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