Page:United States Statutes at Large Volume 44 Part 1.djvu/1368

 § 352 TITLE 43.-PU 352. Designation by Secretary of lands subject to disposal; " application covering lands not designated by Secretary.——Tl1e Secretary of the__Lnteri01·7is hereby authorized, on application or otlxerwiee,'to designate the lands subject to disposalunmler the provisions of this chapter: P•·ovided,·ho1ev<*ver, That where any person oresseeietien qualiiied to receive a permit under the provisions of this ehapter shall make application for such per-. mif upon land which has not been designated as subject to disposal nnderathe provisions of this chapter (provided·seid’ application is accompanied and supported by properly corroborated adidavit of the applicant, in duplicategf showing, prima iaeie that the land applied for is of the character contemplated by this chapter), such application, together with the regular fees and commissions, shalt} be received by the register aud` reeeirer of· the land district insvhieh said land is located and $llS;?·1ld€+d until it shall have been determined by the _Seereta-ry of t ae Interior Wll€{h€f_S&i,(l`l&1ll(t is actually of that character. That duringsueh suspension the 1aud_described` in the application shall not  disposed of ;' and if theland shall be designated under this chapter, their such_ application shall Abe allowed; otherwise. it Shall be rejected, subject to appeal; (Oct. "22, 1919, cz.`77, § 2, 41 Stat.  A “ ~ F, · x  Application for permit.; eccomptmying andavit;. tiling fee.———An5*— qualiiied applicant for a permit, under, section 351 of e ‘ this chapter shall le with the register or receiver of the land district in which id land is located the application for such. permit and shall make and subscribe before the proper ofiieerw end tile with said register or 17eeeiver._ an affidavit that such application is`honestly_and in good faith made for the purpose of reclamation and cultivation and notfor the benefit of any other yaersoxror corporation, and that Rl€_3t[)[l1iOHBt is not acting as agent for any mrson, corporation, or syndicate in making such application. nor in collusion‘ with any person, corporation, or syndicate to give them the benefit of the land applied for or any part thereof, and that the applicant will faithfully and honestly endeavor to comply with all of the requirements of this chapter, audshell hpay to‘said registexjand receiver a uling tee of 1 cent ner acre for eachaere ¤:_1an41 embraced in said applieation, and such epplieant shall then be entitled to receive such permit ’atter " the lands embraced therein ure demignqtedwas provided"ln the preceding section. I (Ott; 22, 1919, ‘c. 77. 5 3. 41 Stat. 294.) U 3 _ ‘ ·_ — _ _ · ~ 354. Cwitiona of permit; cancellation.-—-·Suclx a permit shalt be urionneondltion that the permittee shall beéln operations for the developmnt ofunderground waters within six months from the date of the permit and continue auclt operations yvith_ teaeonaeble diligence until wetor has been dieeovered in the Quantity · hereinafter in this chapter described, or until the date otnthe expiration of the permit; Upon the presentation at any time of pz-oef setiefuetory to tl§e_.Secretary of the'Interlor that any permittee is `not eonduietiug suelr operations ln good teith and with roe.eenable dlllgenee, or rlnas violated, any ot the terms ot the permit, the Secretary ebelt forthwith cancel- such permit," and such permittee shell not again be  a permit under this chapter. (Oct.- 22, 1919, c. 77, { Q, 41 Stat. 2§4.) e _ 355: Patent to had on development of owner •upply.——0n _estnllllslll.ng at any time within two years from the date of the oermit To the satisfaction ot. the Secretary ct the Interior that underground watem la~ eumolent quantity to nroduce at e prom; agrteultnrnl erope other than native sraem neon not less than twenty acres ‘o£_`1aud has been discovered and developed and zrendered avaliable for eueh use xwithlu the limits - of the lend embraced in any permit the said permitted ahall be entitled, to. a patent for onedourth ot the lend embraeed { ·· in the permit, such area to be selected by the peruilttee in eonnpaet form according to the lgal aubdlvlsloas et the public lend "enrveys it the land be surveyed, or to be éurveyedet his expense under rules and _ regulations estaMished by the}

121,10 mzvns _ 1354 Secretary ot the Interior if located on unsurveyed land, (QQ; 22, 1919, c. 77, in 5, 41 Stat. 294.) J P356.- Extension of time for development of water pply, The Secretary of the Interior may, if he shall find that any pcrmittee has been unable, Ewith the exercise of diligence, to begin or continue oporationsv for the development of under- .ground waters within the time prescribed by the two preceding sections, extend the time for the beginning, rccommence ment, or completion of the said operations described in said .S(-!CtiOl1§ for such time; not excecdingtwo yearn, and upon such conditions as he Shall prescribe. (Sept. 22, 1922, c. 406, 42q Statw 1012.) · E" _ .’ _ r A_ * “ 1357. Diapositionfof land not included in patents} homestead entries.-—¢The remaining area within thedimits of the land em- _braced in any Such` permit ahall thereafter. be subject to entry, and disposal undcrosection 161 of chapter 7 of this title. (Oct. 22; 1919, c. 17, §‘° 6, 4l Stat. 294.)/ l n r__ · _358. Proceeds of land ac part of reclamation \__fund.-—-The .reccipts` obtained from the sale 0t_ lands under the provisions `ot the- preceding section hereof shall be paid_into.'1teserved,. and appropriated ‘ as ,a part of the · reclamation {und created by Section 391 of chapter -12 of thiatitle, (Oct.'·22. 1919, c. 77, § 7, 41 Stat. 295.) r V e .. _ 359. Reservation of coal and mineral right ;_ disposition of such reserved rightQ-——All eutrieemadepand patents issued under the `provisions of thin chapter shall be subject to and con-; tain a ‘reserw_g?tion° to the `United States of all the coal and other valuable minerals in the lands- so entered and patented, together with the right to prospect for, mine, and remove the came; The coal and other valuable hineral deposits in each laude shall  subjcct to _ disposal by the United Staten in accordance with the Dwvisions of the ‘_ coal and mineral lmd laws in force at the-time of suck disposal. _ Any p¤ersonfqnali· Hed to locate and enter the coal or other · mlneral de@its. or having the night to mine and remove the same under the Iawsr ot- the United States; shall have the right at all times .to,_entcr upon the lands entered orpatentcd, aaproridcd by this chapter, for the purpose of prospecting forcoal or other mineral therein; provided he shall not injure, damage, W orrbdestroy the permanent improvemente of the entryxnan or patentee, and entee {or all dagnageaito the crops onench lands by reason of such proepectingi Any person who has acquired from the }·— United States the coal or other mineral deposits in any auch gland, or the right to mine or remove the same, may reenter i and occum? S0 much ot the aurtace thereof as may  `rc· { quired for all Qpurposea reasonably incident to the mining or Y rwxoval ot the coal `or other minerals, tlrct, upon mana; the { Written coneent or waiver ot the homwead entryman or patentw-; second; upon payment of the damages to crow or other * tangible improvements to the owner tmreot, where agreement maybe hadas to the amount thereofi or, third, inqlleu ot either of the foregoing provisions, upon the execution ot ra `good and rsumcient bond or hndertaking to the United Staten tor the’uae and benent of the entryman or ·owner·ot the land, to secure thepayment of such damages to the crepe or tangible impro%n1`ents oi the entrygnan or owner, is may be determined and dxed at an action brought upon the bond or undertaking in a court of competent qjnrisdiction against the principal and Q sureties thereon, such pond or undertaking to M in form and in — accordance with rules and regulations preecrtbed thy the Secretn‘y of the Interior and ‘to be died with and» approved by the register and receiver of the 1ocH land omce of the dletrlct wherein the land is eitnate, subject to appeal to the Cornmie-· sio®r or the General Lind 0§cet Provided, That all patenta`. for the coal or other`1ninera*l deposits herein reaerved shall contain appropriate notations- declaring them to be subject to the proviaioni of this chapter with a reference to the
 * shall M liable to and shall compensate the entryman or pat—