CROSS REFERENCES Damage to natural and historical landmarks within National Park System, procedures for determination and enforcement of abatement of activities, see section 1908 of Title 16, Conservation. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460mm-1. CHAPTER 3-LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE Preference right of coal mine entry; acreage limitation. SUBCHAPTER V-AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL, GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR Sec. 121. 122. Agricultural entry or purchase of lands with- Persons locating lands subsequently with- Agricultural entry or purchase of lands withdrawn or classified as containing sodium or sulphur. Patents in North Platte Reclamation Project; mineral rights; subrogation. SUBCHAPTER VI-LOCATION OF PHOSPHATE ROCK LANDS UNDER PLACER-MINING LAWS Omitted. 123. SUBCHAPTER I-COAL LAND ENTRIES IN GENERAL 124. Sec. 71. Entry of unappropriated or unreserved Federal coal lands; eligibility; application; acreage limitation; price per acre. 125. 72. 73. 74. 75. 76. 77. Presentation of claims. Number of coal land entries; other entries upon noncompliance with conditions. Conflicting claims upon coal lands; rules and regulations. Reservation of rights upon coal lands; sale of certain mining lands. Alabama coal lands; agricultural entry. SUBCHAPTER II-COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH RESERVATION OF COAL TO UNITED STATES 81. Rights of entrymen of lands subsequently classified as coal lands; disposal of coal deposits. 162. 82. 83. New or supplemental patents, in case of lands subsequently classified as noncoal. Homestead or desert-land and other entries. 171. 84. Applications for entry. 172. Certain Alabama lands subject to homestead entry. 86. Disposal as agricultural lands. 87. 88. 89. 90. Disposition of lands in Indian reservations with reservation of coal; examination and appraisal of lands. Statements in application; patents. Selection of coal lands by States; sale in isolated or disconnected tracts. SUBCHAPTER I-COAL LAND ENTRIES IN GENERAL 871. Entry of unappropriated or unreserved Federal coal lands; eligibility; application; acreage limitation; price per acre Every person above the age of twenty-one years, who is a citizen of the United States, or who has declared his intention to become such, or any association of persons severally qualified as above, shall, upon application to the register of the proper land office, have the right to enter, by legal subdivisions, any quantity of vacant coal lands of the United States not otherwise appropriated or reserved by competent authority, not exceeding one hundred and sixty acres to such individual person, or three hundred and twenty acres to such association, upon payment to the register of not less than $10 per acre for such lands, where the same shall be situated more than fifteen miles from any completed railroad, and not less than $20 per acre for such lands as shall be within fifteen miles of such road. (R.S. 2347; Mar. 3, 1925, ch. 462, 43 Stat. 1145.) CODIFICATION R.S. 2347 derived from act Mar. 3, 1873, ch. 279, § 1, 17 Stat. 607. AMENDMENTS 1925-Act Mar. 3, 1925, affected words which now read "upon payment to the register of not less than." Such words originally read "upon payment to the receiver of not less than." Such act consolidated the offices of receiver and register. TRANSFER OF FUNCTIONS The office of the register of the district land office was abolished and all the functions of the register transferred to the Secretary of the Interior, or to officers and agencies of the Department of the Interior as the Secretary may designate, by Reorg. Plan No. 3 of 1946, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees. See also note set out under section 1 of this title. INDIAN LANDS EXCEPTED Commenting on this section and sections 72 to 76 of this title the Department of the Interior says: "While there may be some Indian lands still subject to coal entry by virtue of the provisions of law opening such lands to entry, the coal land laws generally were superseded by the leasing Act of Feb. 25, 1920, 41 Stat. 437 [section 181 et seq. of this title], and it is at least questionable whether the coal land laws should be carried into the Code." CROSS REFERENCES Agricultural entries on lands withdrawn or classified as coal lands or valuable for coal, see sections 83 to 85 of this title. Disposition of coal deposits, form and manner, see section 193 of this title. Leases and prospecting permits, see section 201 et seq. of this title. State selections of lands withdrawn or classified as coal lands or valuable for coal under grants by Congress, see section 90 of this title. Submerged lands, mineral rights generally, see section 1301 et seq. of Title 43, Public Lands. Surface rights of entrymen, protection of, when entry under nonmineral land laws of lands subsequently classified, claimed, or reported as coal lands, see section 81 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 72, 74, 75, 76, 102 of this title. § 72. Preference right of coal mine entry; acreage limitation Any person or association of persons severally qualified, as provided in section 71 of this title, who have opened and improved, or shall open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference right of entry, under section 71 of this title, of the mines so opened and improved: Provided, That when any association of not less than four persons, severally qualified as provided in section 71 of this title, shall have expended not less than $5,000 in working and improving any such mine or mines, such association may enter not exceeding six hundred and forty acres, including such mining improvements. (R.S. § 2348.) CODIFICATION R.S. 2348 derived from act Mar. 3, 1873, ch. 279, § 2, 17 Stat. 607. INDIAN LANDS EXCEPTED See note set out under section 71 of this title. CROSS REFERENCES Disposition of coal deposits, form and manner, see section 193 of this title. Leases and prospecting permits, see section 201 et seq. of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 73, 74, 75, 76, 102 of this title. § 73. Presentation of claims All claims under section 72 of this title must be presented to the register of the proper land district within sixty days after the date of actual possession and the commencement of improvements on the land, by the filing of a declaratory statement therefor; but when the township plat is not on file at the date of such improvement, filing must be made within sixty days from the receipt of such plat at the district office. (R.S. § 2349.) CODIFICATION R.S. 2349 derived from act Mar. 3, 1873, ch. 279, §3, 17 Stat. 607. TRANSFER OF FUNCTIONS The office of the register of the district land office was abolished and all the functions of the register transferred to the Secretary of the Interior, or to officers and agencies of the Department of the Interior as the Secretary may designate, by Reorg. Plan No. 3 of 1946, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees. See also note set out under section 1 of this title. INDIAN LANDS EXCEPTED See note set out under section 71 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 74, 75, 76, 102 of this title. 8 74. Number of coal land entries; other entries upon noncompliance with conditions Sections 71 to 73 of this title shall be held to authorize only one entry by the same person or association of persons; and no association of persons any member of which shall have taken the benefit of such sections, either as an individual or as a member of any other association, shall enter or hold any other lands under the provisions thereof; and no member of any association which shall have taken the benefit of such sections shall enter or hold any other lands under their provisions; and all persons claiming under section 72 of this title shall be required to prove their respective rights and pay for the lands filed upon within one year from the time prescribed for filing their respective claims; and upon failure to file the proper notice, or to pay for the land within the re Disposition of coal deposits, form and manner, see section 193 of this title. Leases and prospecting permits, see section 201 et seq. of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 75, 76, 102 of this title. #75. Conflicting claims upon coal lands; rules and regulations In case of conflicting claims upon coal lands where the improvements shall be commenced, after the 3d day of March 1873, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right to purchase. And also where improvements have already been made prior to the 3d day of March 1873, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable improvements of the respective parties. The Director of the Bureau of Land Management is authorized to issue all needful rules and regulations for carrying into effect the provisions of this section and sections 71 to 74 of this title. (R.S. § 2351; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) CODIFICATION R.S. 2351 derived from act Mar. 3, 1873, ch. 279, 5, 17 Stat. 608. TRANSFER OF FUNCTIONS "Director of the Bureau of Land Management" was substituted for "Commissioner of the General Land Office" on authority of Reorg. Plan No. 3 of 1946, § 403, set out in the Appendix to Title 5, Government Organization and Employees. See also note set out under section 1 of this title. See note set out under section 71 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 76, 102 of this title. 876. Reservation of rights upon coal lands; sale of certain mining lands Nothing in sections 71 to 75 of this title shall be construed to destroy or impair any rights which may have attached prior to the 3d day of March 1873, or to authorize the sale of lands valuable for mines of gold, silver, or copper. (R.S. § 2352.) INDIAN LANDS EXCEPTED See note set out under section 71 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 102 of this title. § 77. Alabama coal lands; agricultural entry Unreserved public lands containing coal deposits in the State of Alabama which on April 23, 1912, were being withheld from homestead entry under the provisions of section 171 of this title, may be entered under the homestead laws of the United States subject to the provisions, terms, conditions, and limitations prescribed in sections 83 to 85 of this title. (Apr. 23, 1912, ch. 87, 37 Stat. 90.) REFERENCES IN TEXT The homestead laws of the United States, referred to in text, are classified generally to chapter 7 (§ 161 et seq.) of Title 43, Public Lands. SUBCHAPTER II-COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH RESERVATION OF COAL TO UNITED STATES §81. Rights of entrymen of lands subsequently classified as coal lands; disposal of coal deposits Any person who has in good faith located, selected, or entered under the nonmineral land laws of the United States any lands which subsequently are classified, claimed, or reported as being valuable for coal, may, if he shall so elect, and upon making satisfactory proof of compliance with the laws under which such lands are claimed, receive a patent therefor, which shall contain a reservation to the United States of all coal in said lands, and the right to prospect for, mine, and remove the same. The coal deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal land laws in force at the time of such disposal, but no person shall enter upon said lands to prospect for, or mine and remove coal therefrom, without previous consent of the owner under such patent, except upon such conditions as to security for and payment of all damages to such owner caused thereby as may be determined by a court of competent jurisdiction. The owner under such patent shall have the right to mine coal for use on the land for domestic purposes prior to the disposal by the United States of the coal deposit. Nothing herein contained shall be held to affect or abridge the right of any locator, selector, or entryman to a hearing for the purpose of determining the character of the land located, selected, or entered by him. Such locator, selector, or entryman who has made or shall make final proof showing good faith and satisfactory compliance with the law under which his land is claimed shall be entitled to a patent without reservation unless at the time of such final proof and entry it shall be shown that the land is chiefly valuable for coal. (Mar. 3, 1909, ch. 270, 35 Stat. 844.) LANDS IN NORTH PLATTE RECLAMATION PROJECT; Patents for lands in North Platte Reclamation Project not to contain reservations of minerals in certain cases, see section 125 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 82, 125, 541c of this title. § 82. New or supplemental patents, in case of lands subsequently classified as noncoal The Secretary of the Interior is authorized and directed in cases where patents for public lands have been issued to entrymen under the provisions of sections 81 and 83 to 85 of this title, reserving to the United States all coal deposits therein, and lands so patented are subsequently classified as noncoal in character, to issue new or supplemental patents without such reservation. (Apr. 14, 1914, ch. 55, 38 Stat. 335.) § 83. Homestead or desert-land and other entries Unreserved public lands of the United States exclusive of Alaska which have been withdrawn or classified as coal lands, or are valuable for coal, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert-land law, to selection under section 641 of title 43, and to withdrawal under the Act approved June seventeenth, nineteen hundred and two, known as the Reclamation Act, whenever such entry, selection, or withdrawal shall be made with a view of obtaining or passing title, with a reservation to the United States of the coal in such lands and of the right to prospect for, mine, and remove the same. But all homestead entries made hereunder shall be subject to the conditions, as to residence and cultivation, of entries under section 218 of title 43. Those who have initiated nonmineral entries, selections, or locations in good faith, prior to June 22, 1910, on lands withdrawn or classified as coal lands may perfect the same under the provisions of the laws under which said entries were made, but shall receive the limited patent provided for in sections 83 to 85 of this title. (June 22, 1910, ch. 318, § 1, 36 Stat. 583; June 16, 1955, ch. 145, § 1, 69 Stat. 138.) REFERENCES IN TEXT The homestead laws, referred to in text, are classified generally to chapter 7 (§ 161 et seq.) of Title 43, Public Lands. The desert-land law, referred to in text, is classified generally to chapter 9 (§ 321 et seq.) of Title 43. The Reclamation Act, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which is classified generally to chapter 12 (8 371 et seq.) of Title 43. The withdrawal provision of such Act is classified to section 416 of Title 43. For complete classification of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables. AMENDMENTS 1955-Act June 16, 1955, removed the 160-acre limitation on desert entry. ADDITIONAL DESERT-LAND ENTRY Section 3 of act June 16, 1955, as amended by Pub. L. 85-641, § 2, Aug. 14, 1958, 72 Stat. 596, provided that: "Any person who, prior to June 16, 1955, made a valid desert-land entry on lands subject to such Act of June 22, 1910 [sections 83 to 85 of this title], or of July 17, 1914 [sections 121 to 123 of this title], may, if otherwise qualified, make one additional entry, as a personal privilege, not assignable, upon one or more tracts of desert land subject to the provisions of such Acts, as hereby amended, and section 7 of the Act entitled 'An Act to stop injury to the public grazing lands by preventing overgrazing and soil deterioration, to provide for their orderly use, improvement, and development to stabilize the livestock industry dependent upon the public range, and for other purposes', approved June 28, 1934, as amended (48 Stat. 1269, 1272; 43 U.S.C. 315f). The additional land entered by any person pursuant to this section shall not, together with his original entry, exceed three hundred and twenty acres, and all the tracts included within the additional entry authorized by this section shall be sufficiently close to each other to be managed satisfactorily as an economic unit, as determined under rules and regulations issued by the Secretary of the Interior. Additional entries authorized by this section shall be subject to all the requirements of the desert-land law." SUPPLEMENTAL PROVISIONS Section 90 of this title, act Apr. 30, 1912, ch. 99, 37 Stat. 105, supplements this section by making provisions for the selection of coal lands by the several States, and for their sale under the laws providing for the sale of isolated or disconnected tracts of public lands. CROSS REFERENCES Alabama, coal lands opened to agricultural entry subsequent to 1912, see section 77 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 77, 82, 84, 85, 90, 541c of this title. § 84. Applications for entry Any person desiring to make entry under the homestead laws or the desert-land law, any State desiring to make selection under section four of the Act of August eighteenth, eighteen hundred and ninety-four, known as the Carey Act [43 U.S.C. 641], and the Secretary of the Interior in withdrawing under the Reclamation Act lands classified as coal lands, or valuable for coal, with a view of securing or passing title to the same in accordance with the provisions of said Acts, shall state in the application for entry, selection, or notice of withdrawal that the same is made in accordance with and subject to the provisions and reservations of sections 83 to 85 of this title. (June 22, 1910, ch. 318, § 2, 36 Stat. 584.) REFERENCES IN TEXT The homestead laws, referred to in text, are classified generally to chapter 7 (§ 161 et seq.) of Title 43, Public Lands. The desert-land law, referred to in text, is classified generally to chapter 9 (§ 321 et seq.) of Title 43. The Reclamation Act, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43. The withdrawal provision of such Act is classified to section 416 of Title 43. For complete classification of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables. SUPPLEMENTAL PROVISIONS See note set out under section 83 of this title. CROSS REFERENCES Selection of coal lands by the several states and sale thereof under laws providing for sale of isolated or disconnected tracts of public lands, see section 90 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 77, 82, 83, 85, 90, 541c of this title. § 85. Patents for lands, with reservation of coal; disposal of coal deposits Upon satisfactory proof of full compliance with the provisions of the laws under which entry is made, and of sections 83 to 85 of this title, the entryman shall be entitled to a patent to the land entered by him, which patent shall contain a reservation to the United States of all the coal in the lands so patented, together with the right to prospect for, mine, and remove the same. The coal deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal-land laws in force at the time of such disposal. Any person qualified to acquire coal deposits or the right to mine and remove the coal under the laws of the United States shall have the right, at all times, to enter upon the lands selected, entered, or patented, as provided by sections 83 to 85 of this title, for the purpose of prospecting for coal thereon upon the approval by the Secretary of the Interior of a bond or undertaking to be filed with him as security for the payment of all damages to the crops and improvements on such lands by reason of such prospecting. Any person who has acquired from the United States the coal deposits in any such land, or the right to mine or remove the same, may reenter and occupy so much of the surface thereof as may be required for all purposes reasonably incident to the mining and removal of the coal therefrom, and mine and remove the coal, upon payment of the damages caused thereby to the owner thereof, or upon giving a good and sufficient bond or undertaking in an action instituted in any competent court to ascertain and fix said damages. The owner under such limited patent shall have the right to mine coal for use upon the land for domestic purposes at any time prior to the disposal by the United States of the coal deposits. Nothing herein contained shall be held to deny or abridge the right to present and have prompt consideration of applications to locate, enter, or select, under the land laws of the United States, lands which have been classified as coal lands with a view of disproving such classification and securing a patent without reservation. (June 22, 1910, ch. 318, § 3, 36 Stat. 584.) REFERENCES IN TEXT The land laws, referred to in text, are classified generally to Title 43, Public Lands. SUPPLEMENTAL PROVISIONS See note set out under section 83 of this title. CROSS REFERENCES Leasing and prospecting permits for coal deposits reserved in United States, see section 182 of this title. New or supplemental patents in case of lands subsequently classified as noncoal, see section 82 of this title. Selection of coal lands by the several states and sale thereof under laws providing for sale of isolated or disconnected tracts of public lands, see section 90 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 77, 82, 83, 84, 90, 541c of this title. § 86. Disposition of lands in Indian reservations with reservation of coal; examination and appraisal of lands In any Indian reservation opened to settlement and entry pursuant to a classification of the surplus lands therein as mineral and nonmineral, such surplus lands not otherwise reserved or disposed of, which have been or may be withdrawn or classified as coal lands or are valuable for coal deposits, shall be subject to the same disposition as is or may be prescribed by law for the nonmineral lands in such reservation whenever proper application shall be made with a view of obtaining title to such lands, with a reservation to the United States of the coal deposits therein and of the right to prospect for, mine, and remove the same. Such surplus lands, prior to any disposition hereunder, shall be examined, separated into classes the same as are the nonmineral lands in such reservations, and appraised, as to their value, exclusive of the coal deposits therein, under such rules and regulations as shall be prescribed by the Secretary of the Interior for that purpose. (Feb. 27, 1917, ch. 133, § 1, 39 Stat. 944.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 87, 88, 89 of this title. § 87. Statements in application; patents Any applicant for lands mentioned in section 86 of this title shall state in his application that the same is made in accordance with and subject to the provisions and reservations of sections 86 to 89 of this title, and upon submission of satisfactory proof of full compliance with the provisions of law under which application or entry is made and of sections 86 to 89 of this title shall be entitled to a patent to the lands applied for and entered by him, which patent shall contain a reservation to the United States of all the coal deposits in the lands so patented, together with the right to prospect for, mine, and remove the same. (Feb. 27, 1917, ch. 133, § 2, 39 Stat. 945.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 88, 89 of this title. § 88. Disposition of coal by United States If the coal-land laws have been or shall be extended over lands applied for, entered, or patented hereunder the coal deposits therein shall be subject to disposal by the United States in accordance with the provisions of the coal-land |