30 U.S.C. § 122 — Patents; reservation in the United States of

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above provisions shall not apply where such lands were at the time of inception of development on or under such claim withdrawn from mineral entry.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- Page 32 TITLE 30—MINERAL LANDS AND MINING § 123 cation for patent, to valid and subsisting rights acquired by discovery and location under the mining laws of the United States made prior to the date of the Mineral Leasing Act of February 25, 1920 [30 U.S.C. 181 et seq.], shall hereafter be subject to disposal to the holders of those valid and subsisting rights by patent under the min- ing laws of the United States in force at the time of such disposal. Any person qualified to acquire the reserved deposits may enter upon said lands with a view of prospecting for the same 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 dam- ages to the crops and improvements on such lands by reason of such prospecting, the measure of any such damage to be fixed by agreement of parties or by a court of competent jurisdiction. Any person who has acquired from the United States the title to or the right to mine and re- move the reserved deposits, should the United States dispose of the mineral deposits in lands, may reenter and occupy so much of the surface thereof as may be required for all purposes rea- sonably incident to the mining and removal of the minerals therefrom, and mine and remove such minerals, upon payment of damages caused thereby to the owner of the land, or upon giving a good and sufficient bond or undertaking there- for in an action instituted in any competent court to ascertain and fix said damages. Nothing herein contained shall be held to deny or abridge the right to present and have prompt consider- ation of applications to locate, select, enter, or purchase, under the land laws of the United States, lands which have been withdrawn or classified as phosphate, nitrate, potash, oil, gas, or asphaltic mineral lands, with a view of dis- proving such classification and securing patent without reservation, nor shall persons who have located, selected, entered, or purchased lands subsequently withdrawn, or classified as valu- able for said mineral deposits, be debarred from the privilege of showing, at any time before final entry, purchase, or approval of selection or location, that the lands entered, selected, or lo- cated are in fact nonmineral in character. (July 17, 1914, ch. 142, § 2, 38 Stat. 509; July 20, 1956, ch. 652, 70 Stat. 592.) Editorial Notes REFERENCES IN TEXT The Mineral Leasing Act of February 25, 1920, re- ferred to in text, is act Feb. 25, 1920, ch. 85, 41 Stat. 437, which is classified generally to chapter 3A (§ 181 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 181 of this title and Tables. AMENDMENTS 1956—Act July 20, 1956, permitted disposal of mineral deposits which are subject, at the time of application for patent, to valid and subsisting rights acquired by discovery and location under the mining laws made prior to Feb. 25, 1920. Statutory Notes and Related Subsidiaries LANDS IN NORTH PLATTE RECLAMATION PROJECT; MINERAL RIGHTS Patents for lands in North Platte Reclamation Proj- ect not to contain reservations of minerals in certain cases, see section 125 of this title. § 123. Persons locating lands subsequently with- drawn or classified; patents to Any person who has, in good faith, located, se- lected, entered, or purchased, or any person who shall locate, select, enter, or purchase, after July 17, 1914, under the nonmineral land laws of the United States, any lands which are subse- quently withdrawn, classified, or reported as being valuable for phosphate, nitrate, potash, oil, gas, or asphaltic minerals, may, upon appli- cation therefor, and making satisfactory proof of compliance with the laws under which such lands are claimed, receive a patent therefor, which patent shall contain a reservation to the United States of all deposits on account of which the lands were withdrawn, classified, or reported as being valuable, together with the right to prospect for, mine, and remove the same. (July 17, 1914, ch. 142, § 3, 38 Stat. 510.) Statutory Notes and Related Subsidiaries NORTH PLATTE RECLAMATION PROJECT; ENTRY PRIOR TO JULY 17, 1914; MINERAL RIGHTS Patents for lands in North Platte Reclamation Proj- ect not to contain reservations of minerals in certain cases, see section 125 of this title. § 124. Agricultural entry or purchase of lands withdrawn or classified as containing so- dium or sulphur Lands withdrawn, classified, or reported as valuable for sodium and/or sulphur and subject to prospecting, leasing, or development under the General Leasing Act of February 25, 1920, or Acts amendatory thereof or supplementary thereto [30 U.S.C. 181 et seq.], shall be subject to appropriation, location, selection, entry, or pur- chase if otherwise available in the form and manner and subject to the reservations, provi- sions, limitations, and conditions of the Act of Congress approved July 17, 1914 (38 Stat. L. 509; U.S.C., title 30, sec. 123); Provided, however, That lands lying within the geologic structure of a field, or withdrawn, classified, or reported as valuable for any of the minerals named herein and/or in any of said sections, or upon which leases or prospecting permits have been applied for or granted, for the production of any of such minerals, shall not be subject to such appropria- tion, location, selection, entry, or purchase un- less it shall be determined by the Secretary of the Interior that such disposal will not unrea- sonably interfere with operations under said sec- tions. (Mar. 4, 1933, ch. 278, 47 Stat. 1570.) Editorial Notes REFERENCES IN TEXT The General Leasing Act of February 25, 1920, re- ferred to in text, probably means the Mineral Leasing Act of 1920, act Feb. 25, 1920, ch. 85, 41 Stat. 437, which is classified generally to chapter 3A (§ 181 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 181 of this title and Tables. The Act of Congress approved July 17, 1914, referred to in text, is act July 17, 1914, ch. 142, 38 Stat. 509, which is classified to sections 121 to 123 of this title.