American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1917-01-18

OF this act, lands OF the character de-
scribed in this act. the area OF which
Is less than six hundred and forty
acres, and who IS unable to exercise
the right Of additional entry herein
conferred because no lands subject to
entry under this act adjoiD the tract
so entered OF acquired or lie within
the t~wenty-mile limit provided for in
this act, may. upon submitting proof
that he resides upon and has not sold
the land so entered or acquired and
against which land there are no in
cumbrances. %relinQuish or reconyey TO
the United States the land so occu-
pied, entered. or acquired. and in lieu
thereof, within the same land office
district. may enter and acquire title
to six hundred and forty acres Of the
land subject to entry under this act,
bat must show compliance with all
the provisions Of this act respecting
the new entry and with all the pro-
visions OF existing homestead laws
except as modified herein.
Sec. Z. That the Communication pro-
visions Of the homestead laws shall
not apply to any entries made under
this act.
s. That any homestead entrymen
or ~patentees who shall be entitled TO
additional entry under this act shall
have for ninety days after the desig-
nation Of lands subject to entry IN
der the provisions OF this act and con
tiguous to those entered or owned and
occupied by him the preferential right
to make additional entry as provided
in this act: Provided, That where
such lands contiguous to the lands of
two or more entrymen or p~atentees en-
titled to additional entries under this
section are o sufficient in area to
enable such entrymen to secure by
additional entry the maximum
amounts to which they are entitled,
the secretary Of the interior is au-
thorized to make an equitable division
Of the lands among the several en-
tIymen or ~patentees, by applying to ex-
ercise preferential rights. such divis-
ion to be in tracts OF not less than
-N+NJ &NAN1H VI O+AEA lE6d4 ouUulNlOu
and so made as to equalize as nearly
as possible the area which such en-
trymen and patentees will acquire by
adding the tracts embraced in addi-
tional entries TO the lands ORIGINALLY
held OF owned by them: Provided
further, That where but one such
tract Of vacant land may adjoin the
lands Of two or more entrymen or
~patentees entitled to exercise prefer
entail right hereunder. the tract in
question may be entered by the per-
son who first submits to the local
land office the application to exercise
said preferential right.
Sec. 9. That all entries made and
patents issued under the provisions Of
this act shall be subject to and con-
tain a reservation TO the United
States of all the coal and other min
erals in the lands so entered and
patented. together with the right to
prospect for. mine and remove the
same. The coal AID other mineral
deposits in such lands shall be SUBJ
ject to disposal by the United
States in accordance with the pro-
visions Of the coal and mineral land
/, laws in force at the time Of such dis
posal. 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. as pro-
5 vided by this act, for the purpose oil
= Prospecting for coal OF other mineral
= therein. provided he shall not injure
! damage. or destroy the permanent i'm
. provements of the entryman or pat.
/ e.4tee. and shall be liable to and shall
> compensate the entryman or patentes
= for all damages to the crops on sucl
- lands by eason of such prospecting
{ Any person who has acquired from
: the United States the coal OF othei
] neral deposits in any such land
[ or the right 10 mine and remove thi
same. may reenter and occupy $,
= much Of the surface thereof as MAJ
e be required for all purposes reason
e ably incident TO the mining or remov
!, al of the coal or other minerals. first
= upon securing the written consent o
e waiver Of the homestead entryman o
e patentee; second. upon payment o
the damages to crops or other tangi
- bic Improvements TO the owner there
n Of, where agreement may be had a
= to the amoun thereof; or. third, il
lieu Of either Of the forging pro
e visions. upon the execution OF a goo,
# and sufficient bond or undertaking {
+ the United States for the use an
I beneht Of the eutryman or owner o
{ tie Land. to secure the payemnt O
such damages TO the crops or tangi
d bic Improvements Of the entrymen o
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