30 U.S.C. § 102 — Assessment work on contiguous oil lands,

Page 30 TITLE 30—MINERAL LANDS AND MINING § 88 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.) § 88. Disposition of coal by United States If the coal-land laws have been or shall be ex- tended over lands applied for, entered, or pat- ented hereunder the coal deposits therein 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 applied for, en- tered, or patented under sections 86 to 89 of this title, for the purpose of prospecting for coal thereon, if such coal deposits are then subject to disposition, 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 lands, or the right to mine or remove the same, may reenter and oc- cupy 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 there- of, or upon giving a good and sufficient bond or undertaking in an action instituted in any com- petent court to ascertain and fix said damages. The owner under such limited patent shall have the right to mine coal for personal use upon the land for domestic purposes at any time prior to the disposal by the United States of the coal de- posits. Nothing herein contained shall be held to deny or abridge the right to present and have prompt consideration of applications made under the applicable land laws of the United States for any such surplus lands which have been or may be classified as coal lands with a view of disproving such classification and secur- ing a patent without reservation. (Feb. 27, 1917, ch. 133, § 3, 39 Stat. 945.) § 89. Disposition of proceeds The net proceeds derived from the sale and entry of surplus lands in conformity with the provisions of sections 86 to 89 of this title shall be paid into the Treasury of the United States to the credit of the same fund under the same conditions and limitations as are or may be pre- scribed by law for the disposition of the proceeds arising from the disposal of other surplus lands in such Indian reservation. The provisions of sections 86 to 89 of this title shall not apply to the lands of the Five Civilized Tribes of Indians in Oklahoma. (Feb. 27, 1917, ch. 133, § 4, 39 Stat. 945.) § 90. Selection of coal lands by States; sale in iso- lated or disconnected tracts 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, in addition to the classes of entries or filings described in sections 83 to 85 of this title be subject to selection by the several States within whose limits the lands are situate, under grants made by Congress, and to disposition, in the discretion of the Secretary of the Interior, under the laws providing for the sale of isolated or disconnected tracts of public lands, but there shall be a reservation to the United States of the coal in all such lands so selected or sold and of the right to prospect for, mine, and remove the same in accordance with the provisions of said sections, and such lands shall be subject to all the conditions and limitations of said sec- tions. (Apr. 30, 1912, ch. 99, 37 Stat. 105.) Statutory Notes and Related Subsidiaries SUPPLEMENTAL PROVISIONS Act Apr. 30, 1912, is supplemental to sections 83 to 85 of this title. SUBCHAPTER III—PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES UNDER MINING LAWS § 101. Omitted Editorial Notes CODIFICATION Section, act Feb. 11, 1897, ch. 216, 29 Stat. 526, related to entry of mineral oil lands under placer mining laws. See section 181 et seq. of this title. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Section 193 of this title contains a savings provision protecting valid claims in existence on Feb. 20, 1920. § 102. Assessment work on contiguous oil lands, located as claims, of same owner Where oil lands are located under the provi- sions of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43 as placer mining claims, the annual assessment labor upon such claims may be done upon any one of a group of claims lying contig- uous and owned by the same person or corpora- tion, not exceeding five claims in all, where such labor will tend to the development or to deter- mine the oil-bearing character of such contig- uous claims. (Feb. 12, 1903, ch. 548, 32 Stat. 825.) Editorial Notes REFERENCES IN TEXT Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, referred to in text, were in the original ‘‘title thirty-two, chap- ter six, Revised Statutes of the United States’’, con- sisting of R.S. §§ 2318 to 2352. 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-