FEDERAL · 43 U.S.C. · Chapter 6
Rights of occupants or claimants of oil- or gas-bearing lands; exceptions to withdrawals
43 U.S.C. § 142
Title43 — Public Lands
Chapter6 — WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY
This text of 43 U.S.C. § 142 (Rights of occupants or claimants of oil- or gas-bearing lands; exceptions to withdrawals) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
43 U.S.C. § 142.
Text
This section and section 141 1 of this title shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil- or gas-bearing lands after any withdrawal of such lands made prior to June 25, 1910: And provided further, That there shall be excepted from the force and effect of any withdrawal made under the provisions of this section and section 141 1 of this title all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continu
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Related
United States v. Pan-American Petroleum Co.
55 F.2d 753 (Ninth Circuit, 1932)
State v. Alaska Land Title Ass'n
667 P.2d 714 (Alaska Supreme Court, 1983)
United States Ex Rel. United States Borax Co. v. Ickes
98 F.2d 271 (D.C. Circuit, 1938)
State, Department of Transportation & Public Facilities v. First National Bank of Anchorage
689 P.2d 483 (Alaska Supreme Court, 1984)
Lyders v. Ickes
84 F.2d 232 (D.C. Circuit, 1936)
Osborne v. Hammit
377 F. Supp. 977 (D. Nevada, 1964)
United States v. 348.62 Acres of Land
10 Alaska 351 (D. Alaska, 1943)
Portland General Electric Co. v. Kleppe
441 F. Supp. 859 (D. Wyoming, 1977)
Source Credit
History
(June 25, 1910, ch. 421, §2, 36 Stat. 847; Aug. 24, 1912, ch. 369, 37 Stat. 497; Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792.)
Editorial Notes
Editorial Notes
References in Text
Section 141 of this title, referred to in text, was repealed by Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792.
Codification
Act Aug. 24, 1912, substituted "metalliferous minerals" for "minerals other than coal, oil, gas, and phosphates" in the first clause of this section, and "June 25, 1910" for "the passage of this Act" in the second proviso of this section.
In the last proviso of this section, "national forest" substituted for "forest reserve", in view of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, providing that forest reserves should be known as national forests.
The provisions of the last proviso of this section were also classified to section 471 of Title 16, Conservation.
Amendments
1976—Pub. L. 94–579 struck out provisions that all lands withdrawn under the act of June 25, 1910, be open to exploration, occupation, and purchase under the mineral laws of the United States in respect to minerals other than coal, oil, gas, and phosphates and that no national forest be created or additions thereto made to those created before Aug. 24, 1912, in Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the amendment made by section 704(a) is effective on and after Oct. 21, 1976.
Savings Provision
Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
References in Text
Section 141 of this title, referred to in text, was repealed by Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792.
Codification
Act Aug. 24, 1912, substituted "metalliferous minerals" for "minerals other than coal, oil, gas, and phosphates" in the first clause of this section, and "June 25, 1910" for "the passage of this Act" in the second proviso of this section.
In the last proviso of this section, "national forest" substituted for "forest reserve", in view of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, providing that forest reserves should be known as national forests.
The provisions of the last proviso of this section were also classified to section 471 of Title 16, Conservation.
Amendments
1976—Pub. L. 94–579 struck out provisions that all lands withdrawn under the act of June 25, 1910, be open to exploration, occupation, and purchase under the mineral laws of the United States in respect to minerals other than coal, oil, gas, and phosphates and that no national forest be created or additions thereto made to those created before Aug. 24, 1912, in Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the amendment made by section 704(a) is effective on and after Oct. 21, 1976.
Savings Provision
Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
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Bluebook (online)
43 U.S.C. § 142, Counsel Stack Legal Research, https://law.counselstack.com/usc/43/142.