30 U.S.C. § 121 — Agricultural entry or purchase of lands

Page 31 TITLE 30—MINERAL LANDS AND MINING § 122 § 103. Patents for oil or gas lands not denied be- cause of transfer before discovery of oil or gas; acreage limitation; nonapplication to withdraw lands In no case shall patent be denied to or for any lands located or claimed prior to March 2, 1911, under the mining laws of the United States con- taining petroleum, mineral oil, or gas solely be- cause of any transfer or assignment thereof or of any interest or interests therein by the original locator or locators, or any of them, to any quali- fied persons or person or corporation, prior to discovery of oil or gas therein, but if such claim is in all other respects valid and regular, patent therefor not exceeding one hundred and sixty acres in any one claim shall issue to the holder or holders thereof, as in other cases. The above provisions shall not apply where such lands were at the time of inception of development on or under such claim withdrawn from mineral entry. (Mar. 2, 1911, ch. 201, § 1, 36 Stat. 1015.) § 104. Agreements with applicants for patents as to disposition of oil or gas, or proceeds there- of, pending determination of title; Navy Pe- troleum Fund Where applications for patents have been or may be offered for any oil or gas land included in an order of withdrawal upon which oil or gas had been discovered, or was being produced prior to March 2, 1911, or upon which drilling oper- ations were in actual progress on October 3, 1910, and oil or gas is thereafter discovered thereon, and where there has been no final determination by the Secretary of the Interior upon such appli- cations for patent, said Secretary, in his discre- tion, may enter into agreements, under such conditions as he may prescribe with such appli- cants for patents in possession of such land or any portions thereof, relative to the disposition of the oil or gas produced therefrom or the pro- ceeds thereof, pending final determination of the title thereto by the Secretary of the Interior, or such other disposition of the same as may be au- thorized by law. Any money which may accrue to the United States under the provisions of sec- tions 103 and 104 of this title from lands within the Naval Petroleum Reserves shall be set aside for the needs of the Navy and deposited in the Treasury to the credit of a fund to be known as the Navy Petroleum Fund, which fund shall be applied to the needs of the Navy as Congress may from time to time direct, by appropriation or otherwise. (Mar. 2, 1911, ch. 201, § 2, as added Aug. 25, 1914, ch. 287, 38 Stat. 708.) SUBCHAPTER IV—HOMESTEAD ENTRY OF LANDS IN UTAH, WITHDRAWN OR CLAS- SIFIED AS OIL LANDS §§ 111 to 113. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1028 Section 111, act Aug. 24, 1912, ch. 367, § 1, 37 Stat. 496, related to homestead entry of lands in Utah. Section 112, act Aug. 24, 1912, ch. 367, § 2, 37 Stat. 496, related to required information in the application for entry. Section 113, act Aug. 24, 1912, ch. 367, § 3, 37 Stat. 496, related to reservation of oil and gas to the United States in the lands entered. Provisions on entry of lands withdrawn or classified as oil lands are contained in sections 121 to 123 of this title. SUBCHAPTER V—AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL, GAS, ASPHALTIC MIN- ERALS, SODIUM, OR SULPHUR § 121. Agricultural entry or purchase of lands withdrawn or classified as containing phos- phate, nitrate, potash, oil, or gas; reserva- tions to United States; application 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 pur- chase shall be made with a view of obtaining or passing 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. All applications to locate, select, enter, or purchase under this section shall state that the same are made in ac- cordance with and subject to the provisions and reservations of sections 121 to 123 of this title. (July 17, 1914, ch. 142, § 1, 38 Stat. 509; June 16, 1955, ch. 145, § 2, 69 Stat. 138.) Editorial Notes AMENDMENTS 1955—Act June 16, 1955, removed 160-acre limitation on desert entry. Statutory Notes and Related Subsidiaries ADDITIONAL DESERT-LAND ENTRY Increase of limitation with respect to desert entries to 320 acres, see note set out under section 83 of this title. § 122. Patents; reservation in the United States of reserved deposits; acquisition of right to re- move deposits; application for entry to dis- prove classification Upon satisfactory proof of full compliance with the provisions of the laws under which the location, selection, entry, or purchase is made, the locator, selector, entryman, or purchaser shall be entitled to a patent to the land located, selected, entered, or purchased, which patent shall contain a reservation to the United States of the deposits on account of which the lands so patented were withdrawn or classified or re- ported as valuable, together with the right to prospect for, mine, and remove the same, such deposits to be subject to disposal by the United States only as shall be hereafter expressly di- rected by law: Provided, however, That all min- eral deposits heretofore or hereafter reserved to the United States under sections 121 to 123 of this title which are subject, at the time of appli-