Page:United States Statutes at Large Volume 44 Part 1.djvu/976

 § 111 :1*1TLE $0.-~M11mRA1. HOMESTNEAD ENTRY OF LANDS IN UTAH, WITHDRAWN OR CLASSIFIED AS OIL LANDS ' 111. Entry undef homestead or desert-.land laws of nlands in Utah withdrawn or classified, as oil` lands; reservation of ai} and gas.————Um·ese1~ved public lands of the United States/in the State of Utah, whicjh have been \Vithd1`&\{VI1_01‘ classiiied as vii lands, ur are valuable -fo1‘.0i], shall be subject to appropriate entry under the homestead laws by actual settlers only, the d{>$<.:rt—1mzd law, to selecugiiog by the State of Utah under grants made by Congress 8Ild-11I1.d€1' S9Cti0ll»641 of Title 43, and to xvitlxdmxvzal under Sections 372, 373] 381, BSS, 391, 392, 4·11,' 416, 419, 421, 431, 432,434, 439, 461,-476, 491, and 498013 Title 43,_ and to disposition in the discrétion of the Secretary ccf the Interior zmderl the Kaw ptqvfiling for the sizle of isolated O1‘< discmmegrted tracts of public 1aug1s,·`whenevér suclf entry, se? l€Cfii€)H,‘ cir vgithdrawtal shall be 111:166* with a viéwjbft obtaiug ing *6:: passing title, with }1¢1'_€S€fV21ti0H‘t0_t1l€ United States' cf the oil and gas in such lands and of the right; tc prospect io1·,.mi¤e, ‘aud_ remove thé same. But H0 desert entry `made under the pmvisiorisf of sections 111 to 113,’ iuiclusiye, ”0f this title shall c<1mt;ain,\pwre than `oue hundred and siagty acres: Pr0i»iAed, Tlxatt th0s;.wh0 ‘l12ive__i1iitiuted mmmiueral entries, selections, osflocatioaxs in good faith, prior to Augujst 24, 191,2, 011 -1:mds gvithdrawn 0 r classified as offlands may perfect the sQan1e_1}nder the provisions not the laws under which said- entries were made; but shall receive the limited payteutrprévided fox··iu section 67 of this”titIe. (Aug._ 24, 1912, c. 367, § 1,:37 Stat, 496.,).  _ _,   I _ t   t 112. Smizc; applications f_0r Ends.?-—Any person désiripcg; to, 1m1ke_entx·y ximler the homestead laws or the desert-laixd law, Eutd the State qi Utah desiring t0_m£ike_selc>ction under section 611 of Title 43,, or under grants- made by._ Congress, guilt} the Secretary of the Ixutwior in `witbdnjuwing under. sections 372, 373, 331, 383, 391, 392, 411; ·}16,' {119, 421, 431; 5432, 45% 439, 461; 476, 491. and 498 of. Title,43 lands classified as oil lan s, or_v}aluabI@- for oil, with :1 vigxv df securing or passing title to the S;llIlB'ii1. a<§—cm·dance,xx·itl1 the provisions of sections 111 to 113, incgusive,`. shall state in the application for gmtry, selection, or notice of witherawa,1 that tthe samé— is made in accordance with aud. zsubjmrt ta the. provisions and reservations of said sections.  (Mag. 24, 1912; c. °367, § 2, 37 Stét. 496.)`t »_ _ Q 113. Same; patent for landsyreservation of pil and? gasj;1 the United Stair.-·s.·———·—U;i¤;»n sgtisfactqnzy pmof of full compliance with thé pi·0visi011s.0fVt11c laxvshnder whichéutry is made a;pd‘ Jof sections 111 to 113 of this title me 0nt,rym`§11~sl1a11 M eu; titled tc a‘pz1te;1t to the l;md entered by`him, whieh putvht slmil contain a reservation to the United States of all the bil and gas —-in thé lands sd patented, togetlnért withthe right to prospect f¢;>1·,‘ mine, and_ra1£10v¢‘the same upon 1‘€1id€l‘iI}é‘COIII;= ptmsmimn to thepateutee for all.damag+»s that nunjr be grgused by prospecting fur and removing such oil or gas. The rc·· svrv<2·G oil and gas·°dep0sits ii}, such lands shall be disposcedf" afp ¤m1;»,· as shall be cxlpressly directed by law. (Aug, 24, 1912, c. 367. `§_ 3, 37 Stat. 4*36.) . .·  AGI‘iIC{d?I;'1‘·ItERAL ENTRY/’ OF LANDS WITHDR§\VN OR. t {‘LA§·€SIFIED AS _GON’1`.&IN1.N.G "i"*HOS1’It1.~\TE, NITBQ¥\JI‘E, P<§)TA1~%H, OIL, GAS,_»0R ASPHALTIC MINERALS 121. Agricultural”e1;try qr iiurchase of lands withdrawn or classiéed as mmaiaingphosphatc, nitrsm, pptash, oil, ox? gas; reservations to `United Statcé; gpplication.+—I.»ands .\»’%'ithd1’i1\\’I1f ‘ cr c1asgi§ed as pbcgasplaate, nitrate, pkimsh, oil, gas; dr asphaltic mi_x:érz1ls, `ms vithich are —§*&1iia§le foi·‘tI10se dépésitx $11311 `*be K, subjéct to apprcrpriatimai ]i){.Z‘21tiOB,»S€]€C£i0B, em:1··y,X0r phrchuse,. iif ¤tm~i·sx·i»c avgilxxblé, 1mde1··the‘xmug;1§neral;‘Laud laws of the United States, véhexaever such l0catidn,»‘selection, "exxtfy, for purchatse Tshgll be made. with a view ·0f obtaining f>1·"mssing·; time wqith a wsgrvzxtimx tc the U.nited’States of the deposits

LAND__SAND MINING 962 i on account of which the lands were withdrawn or classiiiea or reported as yalnable, together with the right to prospect for, mine, and remove the same; bntino desert entry mario under the provisions of this section and sect»—iori§ 122 and 12:% shall contain more than one {hundred and sixty’acres.` All applications to locate, select, enterpor purchase under this section shall state that the sanre are made in {accordance with and ‘subject to the provisions and reservations of, the ‘a_bos·e mentioned, sections. {July 17, 1914, c. 142, '§ ‘1, 38’Stat. 5-—99.)»· l 122. Sante; patents; reservation in the United States of · reserved deposits; acquisition of right to remove deposits; application for entry to disprove classi§cstion.—¤—Upon· satisfaé. tory proof of full compliance with the provisions of the lasts I under which the location, selection, entry, or purchase is made, the locator, selectorfentijyman, or purchaser shall be entitled to a patent to the land located, selected, entered, or purchased, which patent I shall contain a reservation 'to the ?.United States of: the deposits on aecomitof whichthe lands . so patented were withdraiyu or classilied or reported as ral: uable, together with the right‘to prospectQ_for," mine, and Fre- »mo_ve the same, such deposits to be stibject to disposal by the United States only as shall be expressly directed by law. Any person qualified to acquire the reserved deposits may eater 2 · `upou said lands with ‘a view of prospecting for the same. °upon the approval by the Secretary of thelnterior of a bond,. or tindertakinge t0,be Bled with him, as security for the payment of all damages to the crops andlmprovements oa such lands by `rcasgm of such prospecting, the measure ofany suenmmge to be fixed by agreement ofparties or’by a'court of competent p jurisdiction,. Any person who has acquired from the United States the titlcjo or the right to mine and reaiove the reserved deposits, should the United States dispose. of thepzineralt de posits in lands. may reenter and occupy so much of the surface thereof as may be required for_ all purposes reasonably incident to the miniugand ·ren1oval'of the minerals therefrom, andamipe and renrove-such minerals, upon payment of damages caused thereby to the owner of the land. orTupon·giiiag· a good and suflicien; bond or undertaking therefor `inan action instituted in any competentcourt to ascertainland Hx said damages. Nothing herein contained shall be ·held°_to_ deay for h abridge·the right toqiresent and have prompt consideration of applications to locate, select, enter, or purchase; under the land law;s`of··the United States, lands ,which havebeen; witlr drawxpor classiiied as phosphate, nitrate, potash, oil; gas;} er _asplialt”ic mineral lands, with a view of disprorina such class}- i ticatloh and .sécurln§_`patent wiitbout reservation, nor shall persons. who have located: selected, entered, or _ parchawd lahdssubsequently withdrawnwor pclassftitedl as ralaahle for said mineral deposits, be deharred from the privileatyof showing, at any time before dnal entry, purchase, or approval of selection or,1ocation,1that the lands entered, selected, or located, , are in fact 'nonmineralhn character. f(Jnly 17, 1914, c. 142, ,§·2,*33.Stat.“509.)· _~, ° t »_ ·  _‘ *_   ». . _ 123, Same; fperaons locatingelands »snbeed§tent]y_ withdrawn or clasaihedg patents to.-——·-any person t wlxo has, in good faith, located, selected; entered, or purchased, or any person who shall locate, select, enter, or purchase, after July 1T, 1914, imaer tc nonmlneral Iandlaws of the United States, any lands which are subsequently withdrawn, classitiedaor reported—A. as being valuable for phosphate, nitrate, potash, oil, gas, jor ·asphalt ic’nilnerals, may, upon applicatiop. thereforfand zhakiné ysatlsfactory proof of cotnplianée with the lawsonnder which such lands are claimed; receive a patent therefor, which pagent shall contain a reservation to the-Unitd States of all deposits on account of which the lands were. withdrawn, classided, i or e reported as being valuable, together with the right to, prospect i for, mine, and remove the same. '(Jnly 17, 1914, c, 142, § 3, 38 Stat. 510.). ‘ " · ~' —” ‘