, 1909-12-30
MoNDELL'S BILL
tn Provide for Desert and Home.
stead Entries on Coal
Lands

limited States of America in Con-
gress assembled: That from and
after the passage of this Act lands
which have been classified as coal
lands. or are known to be valuable
for coal, shall be subject to appro-
pirate entry under the homestead
laws. the desert-land law, to select
ion under section four of the Act
approved August eighteenth, eigh-
teen hundred aud niutey-four,
known as the Carey Act, and to
withdrawal under the Act approx
ed June seventeenth, nineteen
hundred and six, known as the
Reclamation Act, wherever such
entry, selection, or withdrawal
shall be made with a view of OBJ
tanning or passing title, with a res
ervation to the United States of
the coal in such lands and of tie
right to prospect for, mine, and
remove the same But no desert
entry made under the provisions
of this Act shall contain more
than one hundred and sixty acres,
and all homestead entries made
hereunder shall be subject to the
conditions, as to residence and
cultivation, of entries under the
Act approved February nineteenth
nineteen hundred and nine, emit
tied can Act to provide for an en-
larged homestead"
Sec. 2. That any person desir-
ing to make entry under the home
stead laws or the desert. land law,
any State desiring to make select
ion under section four of the Act
of August eighteenth, eighteen
hundred''and nintey-four, known as
the Carey Act, and the Secretary
of the Interior in Withdrawing
under the Reclamation Act lands
classified as coal lands, or known
to he chiefly valuable for coal,
with a view of securing or passing
title TO the same in accordance
with the provisions of said Acts,
shall state in the application for
entry, selection, or notice of with
drawal that the same is made in
accordance with aud subject to the
provisions aud reservations of this
Act.
Sec. 8. That upon satisfactory
proof of full compliance with the
provisions of the laws under which
entry is made, and of this Act, the
enterymen shall be entitled to a
patent to the land entered by him,
which patent shall contain a reser-
Walton to the United States of all
the coal in the lands 80 patented,
together with 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, and the United States or
its grantees shall at all times have
the right to enter upon the lands
SO patented for the purpose OF
prospecting for, mining, and re-
moving the coal contained therein,
but the owner under such limited
patent shall be entitled to damag-
rs, the amount of which shall be
determined by a court of compel
ent jurisdiction, for any damage
10 the surface or his improvements
moi necessarily oil reasonably incl
dent to the prospecting for, min
ing, aud removed of such coal:
Provided, That the owner under
such limited patent shall have the
night TO mine coal for use upon the
land for domestic purposes at any
time prior to the disposal by the
United States of the coal deposits:
Provided further, That nothing
herein contained shall be held to
deny or abridge the right to pres,
ent and have prompt consideration
of applications to locate, enter, OIL