Page:United States Statutes at Large Volume 37 Part 1.djvu/91

 68- SIXTY-SECOND CONGRESS. Sess. II. Ch. 46. 1912. V<>¥· $2- P- °“· authorized by the Act approved July first nineteen_hundred and two. I Thael surgace helriem referrgd tcéspall méxlude the Entire estzpte sxlre 3:: iznmd Slgcrellzldry of) the Interior, under such regulations as he may prescribe, shall cause the same to be classrfied and appraised by three appraisers, to be appointed byl iéhe Presidenth at a eompepsation to be jedtgy him tt excee rsalaryanexpensesor apra1ser_e sum,oIf(lifte(:an dollars cer day or the ti.me actualléy engaged) in making such classification andp a raisement. The class` cation and appraisement of the surface slwlllpbe by tracts, according to the Government survey of said lands,_except that lands which are_ especially valuable phy rgggon of prpximipy to tow}? or bgrtieg 61(pay, ui the ditscretion of ret o the nterior, su ivi into ots or racts con- V·*¤•, °* *¤PM* taiiiing nozllless than one acre. In appraising said surface the value of any improvements thereon belonging to the Choctaw and Chickasaw Nations, except such improvements as have been placed on coal 01:1 asphalt larligs legsrpd fo;h riurposeg, shall be utiakes into con- °'¤¤*¤¤•¤¤¤ f n. e ace a c 83815. e as agric tur azinv $:1* zfqldgitabli fo; toivynulgts. This classificiation and appiprgrgemelrit vi ed for erein a e com eted wit 1in six mont om the glaze of the passage of this Act, sliall be sworn to bgotshe appraisers, and shall become effective when approved by the retary of the ,,,,,,,,_ Interipr: 1{romded, That in thezproceedings and deliberation of said appraisers m the process of said appraisement and m the approval t ereof the Choctaw and Chickasaw N ations may present for considgration facts, figures, and arguments bearing upon the value of sai property. . k£i$¤;du¢:_ ¤f¤*¤¢ Sec. 2. That after such classification and appraisement  been made each holder of a coal or as halt lease shall have a right for . P. sixty days, after notice in writing, to purchase, at the apprmsed value and upon the terms and conditions hereinafter prescribed, a sufficient amount of the surface of the land covered by his lease to embrace imprpveiplents actually used  pgesent mimng opexiatiopi or necess or ture operations up o ve r centum o su surface, tlgrnumber, location, and extent of tli): tracts to be thus i·:•¢•·»•·, hm purchased to be approved by the Secretary of the Interior: Provided, hat the bcgf the Interéiog may, in   discretion, enlarge the ` amount o an to ure xase y any suc cssee to not more t Mm ¤f »>¤r¤1¤¤¤· temper centum of sucllf surface: Provakled further, That such purchazg ¥}§i.sb2.°Z,*f§?¤§%?.S§°£ §?.'2.§Z°§Z'.‘§¥ .§t§.i‘{’..F.`é’§}‘2iii'.?.$f”L“’ Sfd “tl ce suc pmd, Except fior the purpose of éngture operations, prospecting, and R¤•erv·¢i¤n• !¤r or ingress an egress as iereina rreserved: Promd df rther, Th t 'mm °"°"°°°" if any lessee shall fail to_apply txifipurchase under tlfe pilovisions lif this section ¥fltl1lI1• the time spec ed the Secretary of the Interior $¢.‘§‘é`$“md.“.'i2°?.?§‘i; Y£££‘¤”£‘f €?t‘.‘§i“E.°£§h§i°“3°;£“‘g"“°° “"S e ro er an necessary to embrace improvements actually useil in presgntpmining operations, or necessary for future operations, under any existin lease, and digpose of the remaining portion of the surface within sucg lease free an clear of any claim_ by the lessee, except for the purposes pfrgilgpirtzropeeszatxogs, prospectmg, and for ingress and egress, as IC rve. ¤•*°"¤*>Jg°**°¤*¤· Sec. 3. That sales of the surfac nd this A t hall be th M Hgm" m` conditions that the Choctaw and Cliickgaw N atiloxis their gripalilleesé lessees, assipns, or successors, shall have the right at all times to enter upon sand ands for the purpose of pros ecting for coal or asphalt thereon, and also the right of undergroundp ingress and e without compensation to the surface owner, and upon the furtlier condition °°""’”"°°"‘ £h“t said ’¥““;’“· *h°iR 8¤‘**¤'>°¤S» l¢S§¤¢S, assigns, or succemors, shall ave e ugh to acquire such portions of the surface of any tract,
 * °°,*",“ as t reserve . e ore 0 ering suc s or e_