Homestead en tries. Preference rights to settlers steads. Boundaries be marked. An Act To amend section three of the Act of Congress approved May fourteenth, eighteen hundred and eighty (Twenty-first Statutes at Large, page one hundred and forty). Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section three of the act of Congress approved May fourteenth, eighteen hundred and eighty (Twenty-first Statutes at Large, page one hundred and forty), be, and the same is hereby, amended by adding thereto the following: Provided, That any settler upon lands designated by on enlarged home the Secretary of the Interior as subject to the provisions of sections one to five of the enlarged homestead acts of February nineteenth, nineteen hundred and nine (Thirtyfifth Statutes at Large, page six hundred and thirty-nine), and June seventeenth, nineteen hundred and ten (Thirtysixth Statutes at Large, page five hundred and thirtyone), shall be entitled to the preference right of entry accorded by this section, provided he shall have plainly to marked the exterior boundaries of the lands claimed as his homestead: And provided further, That after the designation by the Secretary of the Interior of public lands for entry under the nonresidence provisions of the enlarged homestead acts of February nineteenth, nineteen hundred and nine, and June seventeenth, nineteen hundred and ten, any person who shall have plainly marked the exterior boundaries of the lands claimed under said provisions of law and made valuable improveto be ments thereon shall have a preference right to enter the lands so claimed and improved at any time within three months after the date on which such lands become subif ject to entry; but such right shall forfeit unless the settler or claimant under the provisions of the enlarged homestead acts shall annually cultivate and improve the lands in the form and manner and to the extent therein required following date of initiation of his claim hereunder. Approved, August 9, 1912 (37 Stat., 267). Entry made in months. three Forfeiture not cultivated. An Act To validate certain homestead entries. Be it enacted by the Senate and House of Representatives Pending entries of the United States of America in Congress assembled, That steads validated. all pending homestead entries made in good faith prior to of enlarged home January first, nineteen hundred and fourteen, under the provisions of the enlarged homestead laws, by persons who before making such enlarged homestead entry had acquired title to land under the homestead laws and therefore were not qualified to make an enlarged homestead entry, be, and the same are hereby, validated, if in all other respects regular, in all cases where the original homestead entry was for less than one hundred and sixty acres of land. Approved, March 4, 1915 (38 Stat., 1162). An Act To amend an act entitled "An act to provide for an enlarged homestead," and acts amendatory thereof and supplemental thereto. homesteads. entry of nondesig Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Enlarged where any person qualified to make entry under the provisions of the Act of February nineteenth, nineteen hundred and nine, and Acts amendatory thereof and supplemental thereto, shall make application to enter under the provisions of said Acts any unappropriated public land in Applications for any State affected thereby which has not been designated nated lands. as subject to entry under the Act (provided said application is accompanied and supported by properly corroborated affidavit of the applicant in duplicate, showing prima facie that the land applied for is of the character contemplated by said Acts), such application, together with the regular fees and commissions, shall be received by the register and receiver of the land district in which said land is located, and suspended until it shall have been determined by the Secretary of the Interior whether said land is actually of that character; that during such suspension the land described in said application shall be segregated by the said register and receiver and not sub- Lands ject to entry until the case is disposed of; and if it shall be determined that such land is of the character contemplated by the said Acts, then such application shall be allowed; otherwise it shall be rejected, subject to appeal: Allowance. Provided, That the provisions of this Act shall apply to the application of a qualified entryman to make additional entry of unappropriated land adjoining his unper- Adjoining lands fected homestead entry, the area of which, together with his original entry, shall not exceed three hundred and twenty acres. SEC. 2. That the provisions of this Act and of the first five sections of said Act of February nineteenth, nineteen hundred and nine, and Acts amendatory thereof, excepting the Act of June seventeenth, nineteen hundred and ten, entitled "An Act to provide for an enlarged homestead" in the State of Idaho, shall extend to and include the State of South Dakota. Approved, March 4, 1915 (38 Stat., 1162). AGRICULTURAL ENTRIES ON COAL LANDS. An Act For the protection of the surface rights of entrymen. gated. segre entries on lands Be it enacted by the Senate and House of Representatives Confirmation of of the United States of America in Congress assembled, erroneously That any person who has in good faith located, selected, deemed nonmin 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 coal rights to the Preservation of United States. coal land laws. of surface. coal. 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 Disposal under of such disposal, but no person shall enter upon said lands to prospect for or mine and remove coal therefrom Right of owner 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: Domestic use of Provided, That 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 Rights of entry-coal deposit: Provided further, That 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, sefected, or entered by him. Such locator, selector, or entryman who has heretofore made or shall hereafter 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. men. Classified, etc., coal lands. allowed. Approved, March 3, 1909 (35 Stat., 844). An Act To provide for agricultural entries on coal lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act 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 Agricultural en- entry under the homestead laws by actual settlers only, tries for surface the desert-land law, to selection under section four of the act approved August eighteenth, eighteen hundred and ninety-four, known as the Carey Act, and to withdrawal under the act approved June seventeenth, nineteen hundred and two, known as the reclamation act, whenever Right to pros-such entry, selection, or withdrawal shall be made with pect for coal, re- 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. desert entry made under the provisions of this act shall contain more than one hundred and sixty acres, and Limit and con- all homestead entries made hereunder shall be subject to served. ditions. Perfection present entries. But no the conditions, as to residence and cultivation, of entries, under the act approved February nineteenth, nineteen hundred and nine, entitled "An act to provide for an of enlarged homestead": Provided, That those who have initiated nonmineral entries, selections, or locations in good faith, prior to the passage of this act, 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 this act. state of SEC. 2. That any person desiring to make entry under Applications to the homestead laws, or the desert-land law, any State at nature desiring to make selection under section four of the act of August eighteenth, eighteen hundred and ninety-four, known as the Carey Act, 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 this act. serve coal rights. SEC. 3. That upon satisfactory proof of full compli- Patents to reance with the provisions of the laws under which entry is made, and of this act, 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 Disposal of coal in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal-land deposits. laws in force at the time of such disposal. Any person Entry for prosqualified 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 this act, 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 face owners. Damage to surwho 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: Provided, That the owner under such limited patent shall Mining for dohave 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: Provided further, That Right of entrynothing herein contained shall be held to deny or abridge coal classificathe right to present and have prompt consideration of tions. 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. Approved, June 22, 1910 (36 Stat., 583). mestic use. man to disprove surface entry. An Act Extending the operation of the act of June twenty-second, nineteen hundred and ten, to coal lands in Alabama. Coal lands in Be it enacted by the Senate and House of Representatives Alabama opened to agricultural of the United States of America in Congress assembled, That unreserved public lands containing coal deposits in the State of Alabama which are now being withheld from homestead entry under the provisions of the act entitled "An act to exclude the public lands in Alabama from the operations of the laws relating to mineral lands," approved March third, eighteen hundred and eighty-three, may be entered under the homestead laws of the United States subject to the provisions, terms, conditions, and limitations prescribed in the act entitled "An act to provide for agricultural entries on coal lands," approved June twenty-second, nineteen hundred and ten. Patents in fee to issue if land clas Approved, April 23, 1912 (37 Stat., 90). An Act To authorize the issuance of unqualified patents to public lands in certain cases. Be it enacted by the Senate and House of Representatives sified as noncoal. of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed in cases where patents for public lands have been issued to entrymen under the provisions of the acts of Congress approved March third, nineteen hundred and nine, and June twenty-second, nineteen hundred and ten, 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. Entry of classified nonmetallic agriculture. Approved, April 14, 1914 (38 Stat., 335). AGRICULTURAL ENTRIES ON LANDS CONTAINING An Act To provide for agricultural entry of lands withdrawn, classified, or reported as containing phosphate, nitrate, potash, oil, gas, or asphaltic minerals. Be it enacted by the Senate and House of Representatives mineral lands for of the United States of America in Congress assembled, That lands withdrawn or classified as phosphate, nitrate, potash, oil, gas, or asphaltic minerals, or which are valuable for those deposits, shall be subject to appropriation, location, selection, entry, or purchase, if otherwise available, under the nonmineral land laws of the United States, whenever such location, selection, entry, or purchase shall be made with a view of obtaining or passing Mining reserv- title with a reservation to the United States of the deposits on account of which the lands were withdrawn or classified or reported as valuable, together with the right to prospect for, mine, and remove the same; but no Desert entries. desert entry made under the provisions of this act shall Condition in ap- contain more than one hundred and sixty acres: Provided, That all applications to locate, select, enter, or pur ed. plication. |