Disposal by United States of coal, oil, or gas deposits reserved to United States; entry, reentry, etc., on lands for prospecting, mining, and removal

43 U.S.C. § 270–12

• Title: 43 — Public Lands
• Chapter: 7 — HOMESTEADS
• Subchapter: VIII
• Current through: Pub. L. 119-99

Text

The coal, oil, or gas deposits reserved to the United States in accordance with the act of March 8, 1922 (42 Stat. 415; 43 U.S.C. 270–11 et seq.), as added to by the Act of August 17, 1961 (75 Stat. 384; 43 U.S.C. 270–13), and amended by the Act of October 3, 1962 (76 Stat. 740; 43 U.S.C. 270–13), shall be subject to disposal by the United States in accordance with the provisions of the laws applicable to coal, oil, or gas deposits or coal, oil, or gas lands in Alaska in force at the time of such disposal. Any person qualified to acquire coal, oil, or gas deposits, or the right to mine or remove the coal or to drill for and remove the oil or gas under the laws of the United States shall have the right at all times to enter upon the lands patented under the Act of March 8, 1922, as amended, and in accordance with the provisions hereof, for the purpose of prospecting for coal, oil, or gas therein, upon the approval by the Secretary of the Interior of a 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, oil, or gas deposits in any such land, or the right to mine, drill for, or remove the same, may reenter and occupy so much of the surface thereof incident to the mining and removal of the coal, oil, or gas therefrom, and mine and remove the coal or drill for and remove oil and gas upon payment of the damages caused thereby to the owner thereof, or upon giving a good and sufficient bond or 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 the coal for use on the land for domestic purposes at any time prior to the disposal by the United States of the coal deposits: Provided further, That nothing in this Act shall be construed as authorizing the exploration upon or entry of any coal deposits withdrawn from such exploration and purchase.

History

(Mar. 8, 1922, ch. 96, §2, 42 Stat. 416; Pub. L. 85–725, §2, Aug. 23, 1958, 72 Stat. 730; Pub. L. 94–579, title VII, §703(c), Oct. 21, 1976, 90 Stat. 2791.)

Editorial Notes

Editorial Notes

References in Text
Act of March 8, 1922 and this Act, referred to in text, is act Mar. 8, 1922, ch. 96, 42 Stat. 415, which is classified to sections 270–11 to 270–13 of this title. The provisions added by the act of Aug. 17, 1961, and amended by the act of Oct. 3, 1962 were classified to section 270–13 of this title. Sections 270–11 and 270–13 of this title were repealed by section 703(a) of Pub. L. 94–579. For complete classification of this Act to the Code, see Tables.

Codification
Section was formerly classified to section 377 of Title 48, Territories and Insular Possessions.

Amendments
1976—Pub. L. 94–579 substituted provisions relating to disposal by United States of coal, oil, or gas deposits reserved to the United States, applicability of statutory provisions to such disposal, and entry, reentry, etc., on lands for prospecting, mining, and removal of deposits, for provisions relating to patent for land entered under section 270–11 of this title, reservation to the patented land, disposal of reserved coal, oil, or gas deposits, and entry, reentry, etc., on lands for prospecting, mining, and removal of deposits.
1958—Pub. L. 85–725 struck out "And provided further, That nothing herein contained shall be held or construed to authorize the entry or disposition, under section 274 of this title, or under Acts amendatory thereof or supplemental thereto, of withdrawn or classified coal, oil, or gas lands or of lands valuable for coal, oil, or gas".

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment
Pub. L. 94–579, title VII, §703(c), Oct. 21, 1976, 90 Stat. 2791, provided that the amendment made by section 703(c) is effective on and after tenth anniversary of date of approval of this Act, 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.