30 U.S.C. § 77 — Alabama coal lands; agricultural entry

Page 27 TITLE 30—MINERAL LANDS AND MINING § 81 benefit of such sections, either as an individual or as a member of any other association, shall enter or hold any other lands under the provi- sions thereof; and no member of any association which shall have taken the benefit of such sec- tions shall enter or hold any other lands under their provisions; and all persons claiming under section 72 of this title shall be required to prove their respective rights and pay for the lands filed upon within one year from the time pre- scribed for filing their respective claims; and upon failure to file the proper notice, or to pay for the land within the required period, the same shall be subject to entry by any other qualified applicant. (R.S. § 2350.) Editorial Notes CODIFICATION R.S. § 2350 derived from act Mar. 3, 1873, ch. 279, § 4, 17 Stat. 607. Executive Documents INDIAN LANDS EXCEPTED See note set out under section 71 of this title. § 75. Conflicting claims upon coal lands; rules and regulations In case of conflicting claims upon coal lands where the improvements shall be commenced, after the third day of March, 1873, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right to purchase. And also where improvements have already been made prior to the third day of March, 1873, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable im- provements of the respective parties. The Direc- tor of the Bureau of Land Management is au- thorized to issue all needful rules and regula- tions for carrying into effect the provisions of this section and sections 71 to 74 of this title. (R.S. § 2351; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Editorial Notes CODIFICATION R.S. § 2351 derived from act Mar. 3, 1873, ch. 279, § 5, 17 Stat. 608. TRANSFER OF FUNCTI Executive Documentsons ‘‘Director of the Bureau of Land Management’’ sub- stituted in text for ‘‘Commissioner of the General Land Office’’ on authority of Reorg. Plan No. 3 of 1946, § 403, set out in the Appendix to Title 5, Government Organi- zation and Employees. See also note set out under section 1 of this title. INDIAN LANDS EXCEPTED See note set out under section 71 of this title. § 76. Reservation of rights upon coal lands; sale of certain mining lands Nothing in sections 71 to 75 of this title shall be construed to destroy or impair any rights which may have attached prior to the third day of March, 1873, or to authorize the sale of lands valuable for mines of gold, silver, or copper. (R.S. § 2352.) Editorial Notes CODIFICATION R.S. § 2352 derived from act Mar. 3, 1873, ch. 279, § 6, 17 Stat. 608. Executive Documents INDIAN LANDS EXCEPTED See note set out under section 71 of this title. § 77. Alabama coal lands; agricultural entry Unreserved public lands containing coal depos- its in the State of Alabama which on April 23, 1912, were being withheld from homestead entry under the provisions of section 171 of this title, may be entered under the homestead laws of the United States subject to the provisions, terms, conditions, and limitations prescribed in sec- tions 83 to 85 of this title. (Apr. 23, 1912, ch. 87, 37 Stat. 90.) SUBCHAPTER II—COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH RESERVATION OF COAL TO UNITED STATES § 81. Rights of entrymen of lands subsequently classified as coal lands; disposal of coal de- posits Any person who has in good faith located, se- lected, or entered under the nonmineral land laws of the United States any lands which subse- quently are classified, claimed, or reported as being valuable for coal, may, if he shall so elect, and upon making satisfactory proof of compli- ance with the laws under which such lands are claimed, receive a patent therefor, which shall contain 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 of such disposal, but no person shall enter upon said lands to prospect for, or mine and remove coal therefrom, without previous consent of the owner under such patent, except upon such con- ditions as to security for and payment of all damages to such owner caused thereby as may be determined by a court of competent jurisdic- tion. The owner under such patent shall have the right to mine coal for use on the land for do- mestic purposes prior to the disposal by the United States of the coal deposit. Nothing here- in 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, selected, or en- tered by him. Such locator, selector, or entryman who has made or shall make final proof showing good faith and satisfactory com- pliance with the law under which his land is claimed shall be entitled to a patent without reservation unless at the time of such final