43 U.S.C. § 1068 — Untitled legal text

Page 310 TITLE 43—PUBLIC LANDS § 1068 (Feb. 25, 1885, ch. 149, § 6, 23 Stat. 322.) CHAPTER 25A—LANDS HELD UNDER COLOR OF TITLE Sec. 1068. Lands held in adverse possession; issuance of patent; reservation of minerals; conflicting claims. 1068a. Appraisal. 1068b. Mineral reservation. § 1068. Lands held in adverse possession; issuance of patent; reservation of minerals; conflicting claims The Secretary of the Interior (a) shall, when- ever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse, possession by a claim- ant, his ancestors or grantors, under claim or color of title for more than twenty years, and that valuable improvements have been placed on such land or some part thereof has been reduced to cultivation, or (b) may, in his discretion, whenever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse, possession by a claimant, his ancestors or grantors, under claim or color of title for the period commencing not later than January 1, 1901, to the date of appli- cation during which time they have paid taxes levied on the land by State and local govern- mental units, issue a patent for not to exceed one hundred and sixty acres of such land upon the payment of not less than $1.25 per acre: Pro- vided, That where the area so held is in excess of one hundred and sixty acres the Secretary may determine what particular subdivisions, not ex- ceeding one hundred and sixty acres, may be patented hereunder: Provided further, That coal and all other minerals contained therein are re- served to the United States; that said coal and other minerals shall be subject to sale or dis- posal by the United States under applicable leasing and mineral land laws, and permittees, lessees, or grantees of the United States shall have the right to enter upon said lands for the purpose of prospecting for and mining such de- posits: And provided further, That no patent shall issue under the provisions of this chapter for any tract to which there is a conflicting claim adverse to that of the applicant, unless and until such claim shall have been finally adjudicated in favor of such applicant. (Dec. 22, 1928, ch. 47, § 1, 45 Stat. 1069; July 28, 1953, ch. 254, § 1, 67 Stat. 227.) Editorial Notes AMENDMENTS 1953—Act July 28, 1953, provided for mandatory issuance of land patents to certain adverse possessors and broadened discretionary power of Secretary to issue patents to parties who have paid taxes on certain public lands since Jan. 1, 1901. § 1068a. Appraisal Upon the filing of an application to purchase any lands subject to the operation of this chap- ter, together with the required proof, the Sec- retary of the Interior shall cause the lands de- scribed in said application to be appraised, said appraisal to be on the basis of the value of such lands at the date of appraisal, exclusive of any increased value resulting from the development or improvement of the lands by the applicant or his predecessors in interest, and in such ap- praisal the Secretary shall consider and give full effect to the equities of any such applicant. (Dec. 22, 1928, ch. 47, § 2, 45 Stat. 1070.) § 1068b. Mineral reservation If the claimant requests that the patent to be issued under this chapter not contain a mineral reservation and if he can establish to the satis- faction of the Secretary that the requirements of this chapter have been complied with by such claimant and his predecessors for the period commencing not later than January 1, 1901, to the date of application, no mineral reservation shall be made unless the lands are, at the time of issuance of the patent, within a mineral with- drawal or subject to an outstanding mineral lease. (Dec. 22, 1928, ch. 47, § 3, as added July 28, 1953, ch. 254, § 2, 67 Stat. 228.) CHAPTER 26—ABANDONED MILITARY RESERVATIONS §§ 1071 to 1073. Repealed. Oct. 31, 1951, ch. 654, § 1(114), 65 Stat. 706 Section 1071, act July 5, 1884, ch. 214, § 1, 23 Stat. 103, provided for designation by President of abandoned military reservations for disposition by Secretary of the Interior. Section 1072, act July 5, 1884, ch. 214, § 2, 23 Stat. 103, related to survey or subdivision of those lands and ap- praisal, advertisement and sale and rights of settlers. Section 1073, act July 5, 1884, ch. 214, § 3, 23 Stat. 103, related to sale of improvements or other property on those reservations. § 1074. Repealed. Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789 Section, act July 5, 1884, ch. 214, § 5, 23 Stat. 104, au- thorized disposition of mineral lands of vacated mili- tary reservations under mineral-land laws of United States. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94–579 not to be construed as termi- nating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 1075. Repealed. Pub. L. 94–579, title VII, §§ 702, 703(a), Oct. 21, 1976, 90 Stat. 2787, 2789 Section, act Aug. 21, 1916, ch. 361, 39 Stat. 518, pro- vided for applicability of homestead and desert land laws to military reservations in Nevada. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787, provided that the repeal made by section 702 is ef-