**Regulations: Disposal of Reserved Minerals Under the Stockraising
Homestead Act**

\[Code of Federal Regulations\]

\[Title 43, Volume 2\]

\[Revised as of October 1, 2004\]

From the U.S. Government Printing Office via GPO Access

\[CITE: 43CFR3814.1\]

\[Page 776-777\]

TITLE 43\--PUBLIC LANDS: INTERIOR

CHAPTER II\--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

PART 3810_LANDS AND MINERALS SUBJECT TO LOCATION\--Table of Contents

Subpart 3814_Disposal of Reserved Minerals Under the Stockraising

Homestead Act

Sec. 3814.1 Mineral reservation in entry and patent; mining and removal
of

reserved deposits; bonds.

\(a\) Section 9 of the Act of December 29, 1916 (39 Stat. 864; 43

U.S.C. 299), provides that all entries made and patents issued under its

provisions shall contain a reservation to the United States of all coal

and other minerals in the lands so entered and patented, together with

the right to prospect for, mine, and remove the same; also that the coal

and other mineral deposits in such lands shall be subject to disposal by

the United States in accordance with the provisions of the coal and

mineral land laws in force at the time of such disposal.

\(b\) Said section 9 also provides that any person qualified to locate

and enter the coal or other mineral deposits, or having the right to

mine and remove the same under the laws of the United States, shall have

the right at all times to enter upon the lands entered or patented under

the Act, for the purpose of prospecting for the coal or other mineral

therein, provided he shall not injure, damage, or destroy the permanent

improvements of the entryman or patentee and shall be liable to and

shall compensate the entryman or patentee for all damages to the crops

on the land by reason of such prospecting. Under the Act of June 21,

1949 (30 U.S.C. 54), a mineral entryman on a stock raising or other

homestead entry or patent is also held liable for any damage that may be

caused to the value of the land for grazing by such prospecting for,

mining, or removal of minerals except that vested rights existing prior

to June 21, 1949, are not impaired.

\(c\) It is further provided in said section 9 that any person who has

acquired from the United States the coal or other mineral deposits in

any such land or the right to mine and remove the same, may reenter and

occupy so much of the surface thereof as may be required for all

purposes reasonably incident to the mining or removal of the coal, or

other minerals, first, upon securing the written consent or waiver of

the homestead entryman or patentee; or, second, upon payment of the

damages to crops or other tangible improvements to the owner thereof

under agreement; or, third, in lieu of either of the foregoing

provisions, upon the execution of a good and sufficient bond or

undertaking to the United States for the use and benefit of the entryman

or owner of the land, to secure payment of such damages to the crops or

tangible improvements of the entryman or owner as may be determined and

fixed in an action brought upon the bond or undertaking in a court of

competent jurisdiction against the principal and sureties thereon. This

bond on Form 3814 must be executed by the person who has acquired from

the United States the coal or other mineral deposits reserved, as

directed in said section 9, as principal, with two competent individual

sureties, or a bonding company which has complied with the requirements

of the Act of August 13, 1894 (28 Stat. 279; 6 U.S.C. 6-13), as amended

by the Act of March 23, 1910 (36 Stat. 241; 6 U.S.C. 8, 9), and must be

in the sum of not less than \$1,000. Qualified corporate sureties are

preferred and may be accepted as sole surety. Except in the case of a

bond given by a qualified corporate surety there must be filed therewith

affidavits of justification by the sureties and a certificate by a judge

or clerk of a court of record, a United States district attorney, a

United States commissioner, or a United States postmaster as to the

identity, signatures, and financial competency of the sureties. Said

bond, with accompanying papers, must be filed with the authorized

officer of the proper office, and there must also be filed with such

bond evidence of service of a copy of the bond upon the homestead

entryman or owner of the land.

\(d\) If at the expiration of 30 days after the receipt of the

aforesaid copy of the bond by the entryman or owner of the land, no

objections are made by such entryman or owner of the land and filed with

the authorized officer against the approval of the bond by them, he may,

if all else be regular, approve said bond. If, however, after receipt by

the homestead entryman or owner of the lands of copy of the bond, such

homestead entryman or owner of

\[\[Page 777\]\]

the land timely objects to the approval of the bond by said authorized

officer, the said officer will immediately give consideration to said

bond, accompanying papers, and objections filed as aforesaid to the

approval of the bond, and if, in consequence of such consideration he

shall find and conclude that the proffered bond ought not to be

approved, he will render decision accordingly and give due notice

thereof to the person proffering the bond, at the same time advising

such person of his right of appeal to the Director of the Bureau of Land

Management from the action in disapproving the bond so filed and

proffered. If, however, the authorized officer, after full and complete

examination and consideration of all the papers filed, is of the opinion

that the proffered bond is a good and sufficient one and that the

objections interposed as provided herein against the approval thereof do

not set forth sufficient reasons to justify him in refusing to approve

said proffered bond, he will, in writing, duly notify the homestead

entryman or owner of the land of his decision in this regard and allow

such homestead entryman or owner of the land 30 days in which to appeal

to the Director of the Bureau of Land Management. If appeal from the

adverse decision of the authorized officer be not timely filed by the

person proffering the bond, the authorized officer will indorse upon the

bond \`\`disapproved\'\' and other appropriate notations, and close the

case. If, on the other hand, the homestead entryman or owner of the

lands fails to timely appeal from the decision of the authorized officer

adverse to the contentions of said homestead entryman or owners of the

lands, said authorized officer may, if all else be regular, approve the

bond.

\(e\) The coal and other mineral deposits in the lands entered or

patented under the Act of December 29, 1916, will become subject to

existing laws, as to purchase or lease, at any time after allowance of

the homestead entry unless the lands or the coal or other mineral

deposits are, at the time of said allowance, withdrawn or reserved from

disposition.

\[35 FR 9743, June 13, 1970, as amended at 41 FR 29122, July 15, 1976\]

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