Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-22


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Surety.
Residence. ..... Residence.
An Act to Provide for Agricultural
Entries on Coal Lands.
Be it enacted by the Senate and
House of Representatives of the
United States of America in Congress
assembled, That from and after the
passage of this act unreserved pub
lie lands Of the United States, exclu-
sive of Alaska, which have been with
drawn or classified as coal lands, or
are valuable for coal, shall be subject
to appropriate entry under the home
stead laws by actual settlers only,
the desert.land law, to selection I'M
der section four of the act approved
August eighteenth, eighteen hundred
and ninety-four, known as the Carey
act, and to withdrawal under the act
approved June seventeenth, nineteen
hundred and two, known as the Re-
clamation act, whenever such entry,
selection or withdrawal shall be made
with a view of obtaining or passing
title, with a reservation to the United
States of the coal in such lands and
of the right to prospect for, mine and
remove the same. But no desert en-
try made under the provisions Of this
act shall contain more than one hun
dred and sixty acres, and all home
stead entries made hereunder shall
be subject to the conditions, as tC
residence and cultivation. of entries
under the act approved February
nineteenth, nineteen hundred and
nine, entitled AN act to provide fol
an enlarged homestead" Provided
that those who have initiated non
mineral entries, selections or loca
lions in good faith, prior to the pas
sage of this act, on lands withdraw
or classified as coal lands may per
feet the same under the provisions OF
the laws under which said entries
were made, but shall receive the linn
tied patent provided for in this act.
Sec. 2. That any person desiring to
make entry under the homestead laws
or the desert-land law, any state de
string to make selection under sec
ton four of the act of August eigh
teenth, eighteen hundred and ninety
four, known as the Carey act, and the
secretary of the interior in withdraw
ing under the Reclamation act lands
classified as coal lands, or valuable
for coal, with a view of securing OF
passing title to the same in accord
ance with the provisions of said acts
shall state in the application for en-
try, selection, or notice of withdrawal
that the same is made in accordance
with and subject to the provisions
and reservations of this act.
Sec. 3. That upon satisfactory
proof Of full compliance with the
provisions of the laws under which
entry is made, and of this act, the
entryman shall be entitled to pat
ent to the land entered by him
which patent shall contain reser
walton to the United States Of all
the coal in the lands so patented, to-
gether 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 pro-
visions of the coal-land laws in force
at the time of such disposal. Any
person qualified to acquire coal de-
posits or the right to mine and re.
move the coal under the laws of the
United States shall have the right
at all times to enter upon the lands
selected, entered, or patented, as pro-
vided by this act, for the purpose of
prospecting for coal thereon upon the
approval by the secretary of the in
terror of bond or undertaking to be
filed with him as security for the
payment of all damages to the crops
and improvements on such lands by
reason of such prospecting. Any
person who has acquired from the
United States the coal deposits in
any such land, or the right to mine
or remove the same, may reenter and
occupy so much of the surface there
Of as may be required for all pur-
poses reasonably incident to the min
ing and removal of the coal there
from, and mine and remove the coal,
upon payment of the damages caused
thereby to the owner thereof, or up.
on giving a good and sufficient bond
Tor undertaking in an action instituted
in any competent court to ascertain
and fix said damages: Provided, that
the owner under such limited patent
shall have the right to mine coal for
use upon the land for domestic pur.
poses at any time prior to the dis.
posal by the United States of the coal
deposits: Provided, further. that
nothing herein contained shall be
held to deny or abridge the right to
present and have prompt CONSIDERS.
ton of applications to locate, enter,
or select, under the land laws of the
United States, lands which have been
classified! as coal lands with view
of approving such classification and