Page:United States Statutes at Large Volume 44 Part 1.djvu/974

 §`81, TITLE 30.—-JIINQRAL EN’1‘RY_ UNDER ‘ NONMINERAIJ LAND wwe OF COAL LANDS. WITH, RESERVATION OF. COAL TO UNITED STATES · °  “ ~ ? · 81. Rights of entrymen of lands subsequently clasdied ai coal lands; disposal of coal deposits.-A11? D€l'$011 who has rin faith located, selected, or entered under ·the nbnmineral land laws of the United Statest any lands which subsequently are clasefiled, claimed, or reported as being valuable for- coal, may, it he shall eo elect, and upon making satisfactory proof of compliance with jthe laws under which such lands are claimed, réceiwe a` patent therefor, which shall contain a reservation to the·`United States of all coal in saidl lands, and the right to prospect tor; mine, and remove the same. The coal deposits. in such lends shall _"be° subject to disposal by the United States in accordance ·-with the provisions ot the coal land laws ·in force at r the time of such diepoeal, but no person . shall enter upon said landsto prospect for, or mine and remove coal therefrom, without previous consent of the owner under such patent, except upon suchconditions as to security for and · payment ottall damages to~such_ owner caused thereby as 1-may be determined by a court of- competent jurlédiction. The owner. under such ‘-mtent. shall have the right! to mine coal for use on the land for domestic purposes prior to the disposal by the United States oi? the coa1—de`posit. _Nothing herein contained shall be held to atfect or} ahrldge the right of any locator, selector, 'or entryman to a heating for the purpose of determining the `character `ot the land educated, selected. or entered by him. Such locator; selector, oreutryman who hasmade or shall . malce ilnal proof Showing good faith and satisfactory complil ance with the law under which his land- is claimed ahall be entitled to a.patent‘with0ut reservation unless at the time of such iinal proof and entry it- shall he shotvnthat the land ig ehlelly valuable torocoal- {Har. 3, 1909,’c. 210; 35 Stat. 844;). 82. New or pupdemental patents, in case of lands subsequently dassihed as neilcailq-·The Secretary of the Interior is authorized and directed in cdses where patents tor. public lands have been issued to entryrnen under the provisions oi'~»eec tione 81, &, 84, and 85 ot, this title, reserving to the United States all coal deposite therein, and lands eo patented ‘ are subsequently classihed he _ noncoal in character, ;_to issue new or supplemental patents without such reservation. (Apr.•14,“ 1914, c.55,38_$t¤£-335-}  W b  ` 83; Same ;` homestead or desert-land and other entriep..—-··;·-Un-· F reserved public lands ot the United States exclusive of Alaska which have been withdrawn or classified as coal laude, or. are valuable for coal, shall be Subject to appropriate entry rnnder the homestead laws by actual settlers, only, the deeertdand law. to selection under section 641, Title 43, and to withdrawal under eectione 372, 373, 881, .383, 381, 392, 411, 416; 419, 421, 431, 43*.2, -434, 4%, 461, 476, 491, and 498 ot Title 43, whenever euch entry, ` eelection, or‘withdra_wal shall bemade wletra iiew of obtaln— lng or paseing title, with at reservation to the United States of the coal in such lands and of the right to prospect tor, mine, and remove the same,. But no deeert entry. made uuder the provisions · of this section and sections 84 and 85 shall contain more than one hundred and sixty acres, and all homestead entries made hereunder shall be subject to—the conditions, as to residence and cultivation, or- entries under seetion 218, Title 48.* Those who have Initiated nonmineral entries, selections, or locations ln good faith, prior to “»June 22. 1916, on laude withdrawn or claeeided aacoal `lendén may“perfet·t 'the same under theiprovisione of the lawe under which said entries were made, but shall receive the `llmlted patent provided for herein. (June 22, 1010,_c. 318, § 1,  Stat. 5&.)” ‘ é 84. Same; applications for ,entry.·——Any person desi ring to make entry- under the homestead laws or the tleeertilanld law, any State deelring,t0’ make selection under section 641 of Title 43, and the Secretary of the Interior in *qvit1i drdw’ing under

LAND8 AND ek1NiN6 _ \_ 960 sections 372, 373, 381, 383, 391, 411,41Q,.419, 421, 431,432, 434 4;·l9,·4B1,~ 476, ,491, and 498.0t Title 48 lands eluspided as wal _ lands, or valuable for eonl, with a view ot seenrlngnr pqmllg title to the same in necorclance with the provisions et mini sections, shall stntein tlie applieatlou for entry, wleetlme. einotice of withdrawal that the sameis made in aeconlance with and subject to theprmiinions and reservations of sections 2-2 to _85 of this title.-` (June H, 1910, c. 318, I 2, 38 Stat. 584.) `85. -P•tentn for lands, with iresuvatkn •f cnn}; rligpoeal ,_ of coal ,depbsits;—-Upon lsatisfnctery proof of fill} complémile with thetprnvisions ot, the,,1awS under which entry is Iilitllpk t nucl of this section and sections 83 nnd’84` of this title. me, entryrixnn shall be entitled to a patent to the lnndgntered by » him, which patent Shall contain a reservation tc. the l’nin·{1 , ._ Suites of all the czenl in the laude so pntenteél, together wml the rigbt· to prespect fer, mine, and r@0ve the nnmef The . epaldeposlxs in such lands shall be subiect tedtspesal  the ~- United States in accordance with the provisionsbt the ma;. , land laws in force at the·tlme ofnuch disposal. Any persmi ·? qunliiied to acquire eoal deposits or the right ee mine mn] remove the com under the laws ei the United §t‘stes shall have » `· the right, at all times, to enter upon tlxeilnnkle selected, entemé, · .er patented, as provided by this seetionnnd sections 83 and _ 84 ot this title, tortlxe purpose of prospecting fer coal thereon uhou Jthé app1·0rnl_by;tl1e Secretary nr the Interior of a boml . lor, imdertaking_ to be Aled with lrlxn aé seeurity fer tlre my- ·. ment of nlldangagee to the eww andjmprnirementaa en smh , lands by reason qt nucl;  Any person whe; lm . acquired from the United States th§"ccnl_ deposits in any sn:-:·h, land, or- the right to mine or remove the same, may reenter F and occupy semuch of the surface thereof as may bereqnirell l for all purposes rensbnably incident to the mining ani} removal l of tlie coal therefrom, and fmfne and remove the cm}, upml . payment of the da mages caused thereby to the ewner tlnereef. ¤ er upon wing n goodangl sumctentlbond vcr nndertskinge in . purposes at any timelprior to the". @@1 by the-united `Steten · of the coal` depoeité. Nothing herein contained _ shell be hem , te denynr nbrldgethe right te present and heyepromint cen- ` sideration` of applications to locate, enter, or select, under the land laws ot the United State;} lands whieh‘_.hnve,bce¤ clam-, _ tled nsronl lands with a ;view of disproving such elusincntimx , and securing- a patent without reeervatibn. `(Jnm E; 1310, · c..`318, § 3, 36 Stat. 584.) ° ° ’ °  1 ` 86; Dispeiitinn of lsndi in Indian ruervatiens with reser- · vnticn of coal; exuninitiqnt and nppriinl nf landa.—+-In any _ Indinn reservation opened to settlement and entry pursuant te ki nelnssitlcntion et the_gurplns£lnn¢ls therein`ns"mineral and nerr- . ‘minera.l, such surplus lands not {otherwise reserved nr disposed l lands pr nre Yalunble for eenl-deposits, `shall be subject lu . l the snme 'disposition as is or may  preseribecfby lnw ter the E ca tion shall be made with a view or nbtnining title te ench ` lands, with_ n reeervntien to the United Staten el the coal ele-. l posits; therein and et'. the right to prospect for, mine, xml re- ` `muve· the ;saxne.·-, Suclr surplus lands, prior. to any di@ltien hereunder, shell be examined, separated inteclnsxs the same . as are the nomnineral lands ini-such reservations, and npnrnised, as in their value, exclusive c£_ the ceq! depndts therein, nncler _ meh rules and regulations ugshnll be preneribed, by the Secre- ‘- tary of the Inferior fer that-‘ purpose (Feb: 27,, 1917, e.§133. , §1_,_ 39_Stnt. _ _ J. - . _~ U ,87, Same; ntateéents in •ppHcatie;1;'·p•te¤ts.—-Any appli- · leant for laude mentioned in section 86 shell state in his applimtion that the Same in- made in aéeordnneé with and gnbjecté
 * nr? action instituted in any competent ecurt to ascertain and
 * fix said qlamagee. The owner  men limited patent shall
 * hare the right to mine coal {er use npnsfthe land for demestie
 * 01*, which have been or may `l»e`withdr&wn_er clneewéd ns eéml
 * ·_ noxnminernl lands in such reservation whenereryproper appli- ,