New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1917-01-26
Sec. 6. That any person who is the head of a family,

passage Of this act, lands of the character described
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! adjoin the tract so en-
tered or acquired or lie within the twenty-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 encumbrances, r%einquish or reconvey to the Unit
ed States the land SO occupied, entered, or acquired,
and in lieu thereof, within the same land-office dis
trict, may enter and acquire title to six hundred and
forty acres of the land subject to entry under this
act, but must show compliance with all the provisions
of this act respecting the new entry and with all the
provisions of existing homestead laws except as mo-
dified herein.
Sec. 7. That the communication provisions of the
homestead laws shall not apply to any entries made
under this act.
Sec. 8. That any homestead entrymen or patentees
who shall be entitled to additional entry under this act
shall have for ninety days after the designation of
lands subject to entry under the provisions of this act
and contiguous to those entered or owned and oe-
cupied by him the preferential right to make addi-
tional entry as provided in this act: Pr01ided, That
where such lands contiguous to the lands of two or
more %entrynen or patentees entitled to additional en-
tries under this section are not 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 authorized to make an
equitable division Of the lands among the several entry
men or patentees, applying to exercise preferential
rights, such division to be in tracts of not less than
forty acres, or other legal subdivision, and SO made
as to equaize as nearly as possible the area which such
entrymen and patentees will acquire by adding the
tracts embraced in additional entries to the lands or
ignally held or owned by them: Pro0ided further, That
where but one such tract of vacant land may adjoin
the lands OF two or more e%ntryn1en or patentees en-
titled to exercise preferential right hereunder, the
tract in question may be entered by the person who
first submits to the local land office his application
to exercise said preferential right.
Sec. Q. That all entries made and patents issued
under the provisions of this act shall be subject to
and contain a reservation to the United States of all
the coal and other minerals in the lands SO entered
and patented, together with the right to prospect for,
mine, and remove the same. The coal and other mine
raj deposits in such lands shall be subject to disposal
by the United States in accordance with the provi-
sions of the coal and mineral land laws in force at
the time of such disposal. 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 provided by this act, for the purpose of
prospecting for coal or other mineral therein, provided
he shall not njure, 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 such lands
by reason Of such prospecting. 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 pur-
poses reasonably incident to the mining or removal
Of the coal or other minerals, first, upon securing the
written consent or waiver of the homestead e%ntryn1an
or patentee; second, upon payment of the damages
TO crops or other tangible Improvements to the owner
thereof, where agreement may be had as to the amount
thereof; or, third, in lieu of either of the foregoing
provisions, upon the execution of a good and suffi-
cient bond or undertaking to the United States for
the use and benefit Of the entryman or owner of the
land, to secure the payment of such damages to the
crops or tangible Improvements of the %entryr1an or
owners. 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 Sure
ties thereon, such bond or undertaking to be in form
and in accordance with rules and regulations prescrib-
ed by the Secretary of the Interior and to be filed with
and approved by the register and receiver of the local
land office Of the district wherein the land is situate,
subject to appeal to the Commissioner of the General
Land Office: Prouided, That all patents issued for the
coal or other mineral deposits herein reserved shall
contain appropriate rotations declaring them to be
to the provisions of this act with reference to
the disposition, occupancy, and use of the land as per-
mitted to an entrvrnan under this act.
Sec. 10. That lands containing water holes or other
bodies of water needed or used by the public for water
purposes shall not be designated under this act but
may be reserved under the provisions of the act of
]une twenty-fifth, nineteen hundred and ten, and such
lands heretofore or hereafter reserved shall, while so
be kept and held open to the public use for
purposes under such general rules and regula-
tons as the Secretary of the Interior may prescribe:
That the Secretary may, in his discretion.
withdraw from entry lands necessary to insure
access by the public to watering places reserved here
Under and needed for use in the movement of stock
20 summer and winter ranges or to shipping points,