Page:United States Statutes at Large Volume 39 Part 1.djvu/965

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SIXTX-FOURTH CONGRESS. Sess. II. Ch. 133. 1917. 945 tion whenever propiej application shall be made with a view of obtaining title to such ds, with a reservation to the United States of the coal deposits therein and of the riiht to ros t for, mine, and p,,,,,,;,,, remove the same: Provided, That suc surplixs ghcds, prior to any °!“**“*}°**m» *1* d1spos1tion hereunder, shall be examined, separated into classes the Wm’m` same as are the nonmineral lands in such reservations, and a praised as to their value, exclusive of the coal deposits therein, under such rules and regulations as shall be prescribed by the Secretary of the Interior for that purpose. Commons 0, s u_ Sec. 2. That any applicant for such lands shall state in his appli- •=¤¤<>¤¤· pp catxonthat the same is made in accordance with and subject to the protyisnons arpd rpsteuiiiations of this atpld upon submisqiqg of satéisac ory proo o com ance wit e rovisions o w un er which application or entry? is made and of Act shall be entitled partial? °£ mditmu to a atent to the lands applied for and entered by him, which patent shall contain a reservation to the United States of all the coal deposits in_ the lands so patented, together with the right to prospect for, mine, and remove the same. Sec. 3. That if the coal-land laws have been or shall be extended ,,,°,,§’$.',‘l,§,*}‘§,°§',,‘§_’“"l°°* over lands applied for, entered, or patented hereunder the coal deposits therein shall be subject to disposal by the United States in accordance with the provisions of the coal-land laws in force at the time of such disposal. Any person qualified to acqbuire coal dpposits B°'""°"‘°“P°‘”*“" or the right to mine and remove the coal under the ws of the nited States shall have the right at all times to enter upon the lands applied for, entered, or patented under this Act for the purpose of pgaspecting for coal thereon, if such coal deposits are then subject to position, upon the approval by the Secretaryof 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 Mmm mma, em., prospecting. Any person who has acquired from the United States P“"“‘“°"· the coal deposits in any such lands, or the right to mine or remove the same, may reenter and occupy so much of the surface thereof as may be required for all purposes reasonably mcident to the mining and removal of the coal therefrom, and mme and remove the coa , 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 ascertam and fix said damages: Promkled, That the owner under such hunted patent shall have the {?;m*_;•·pmm, lm right to mine coal for personal use upon the land for domestiefpurposes at any time prior to the disposal by the United States o the Appmum to db coal de osits: Provided further, That nothing herein contamed shall proipmiilagnssidwtnon as be heldp to deny or abridge the right to present and have prompt °°" ‘ consideration of applications made under the appgccable land laws of the United States for any such surplus w have been or may be classified as coal lands atview of gisproving such classi- ' “ 1 nd se urin a atent W1 ou reserva ion. P a . hcgiigzll il. Thai; thegneii) proceeds derived from thesale and entry mm, mmmtd of such surplus lands in conformitfy with lil:1t(;(§}I'OV1810llS of this Act shall be paid into the Treasury o the_Un1 States to_ the credit of the same fund under the same conditions and hm1tations as are or may be prescribed by law for the disposition of the_proceeds _ arising from the disrfplosal of othersurplus lands in such Indian reser- PLL·;¤b' FM Cm vation: Pmmded, at the npzrovisions of this_Act_shall not apply gwdrrmammdea to the lands of the Five Civ ed Tribes of Indians in Oklahoma. * Approved, February 27, 1917. 91890°—vo1. 39-—r·r 1--60