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Mineral lands

how set apart

lands.

26 July, 1866, c. 262, s. 11,

SEC. 2342. Upon the survey of the lands described in

as agricultural the preceding section, the Secretary of the Interior may designate and set apart such portions of the same as are clearly agricultural lands, which lands shall thereafter be subject to pre-emption and sale as other public lands, and be subject to all the laws and regulations applicable to the same.

v. 14, p. 253. See § 2341.

Additional
land-districts
and officers,
power of the
President to
provide.

26 July, 1866,
c. 262, s. 7,
v. 14, p. 252.
Provisions of
this chapter
not to affect

certain rights.
10 May, 1872,

c. 152, s. 16,
v. 17, p. 96.
9th of July,
1870, c. 235,
s. 17, v. 16,
p. 218.

See Sutro
Tunnel Act,
p. 67, infra.
Mineral lands
in certain
states
excepted.

18 Feb., 1873,
c. 159, v. 17,
p. 465.

SEC. 2343. The President is authorized to establish additional land-districts, and to appoint the necessary officers under existing laws, wherever he may deem the same necessary for the public convenience in executing the provisions of this chapter.

SEC. 2344. Nothing contained in this chapter shall be construed to impair, in any way, rights or interests in mining property acquired under existing laws; nor to affect the provisions of the Act intituled "An Act granting to A. Sutro the right of way and other privileges to aid in the construction of a draining and exploring tunnel to the Comstock Lode, in the State of Nevada," approved July twenty-five, eighteen hundred and sixty-six.

SEC. 2345. The provisions of the preceding sections of this chapter shall not apply to the mineral lands situated in the States of Michigan, Wisconsin, and Minnesota,* which are declared free and open to exploration and purchase, according to legal subdivisions, in like manner as before the tenth day of May, eighteen hundred and seventytwo. And any bona fide entries of such lands within the States named since the tenth day of May, eighteen hun

*And also Missouri and Kansas, by an Act of March, 1876.

dred and seventy-two, may be patented without reference to any of the foregoing provisions of this chapter. Such lands shall be offered for public sale in the same manner, at the same minimum price, and under the same rights of pre-emption as other public lands.

SEC. 2346. No Act passed at the first session of the Thirty-eighth Congress, granting lands to States or corporations to aid in the construction of roads or for other purposes, or to extend the time of grants made prior to the thirtieth day of January, eighteen hundred and sixtyfive, shall be so construed as to embrace mineral lands, which in all cases are reserved exclusively to the United States, unless otherwise specially provided in the Act or Acts making the grant.

Grants of

lands to states

or corporations

not to include

mineral lands.

30 Jan., 1865,

Res. No. 10,

v. 13, p. 567.

lands.

3 March, 1873,

c. 279, s. 1,

v. 17, p. 607.

SEC. 2347. Every person above the age of twenty-one Entry of coalyears, who is a citizen of the United States, or who has declared his intention to become such, or any association of persons severally qualified as above, shall, upon application to the register of the proper Land Office, have the right to enter, by legal subdivisions, any quantity of vacant. coal-lands of the United States not otherwise appropriated or reserved by competent authority, not exceeding one hundred and sixty acres to such individual person, or three hundred and twenty acres to such association, upon payment to the receiver of not less than ten dollars per acre for such lands, where the same shall be situated more than fifteen miles from any completed railroad, and not less than twenty dollars per acre for such lands as shall be within fifteen miles of such road.

Pre-emption of coal-lands.

3 March, 1873, c. 279, s. 6.

Pre-emption claims of coal

sented within

sixty days, &c. Ibid. s. 3.

Coal lands were first reserved from sale as agricultural lands under the General Pre-emption Act of 1841, but were by that Act ordered to be sold by public auction in sub-divisions, at $20 per The term "completed road" means one which is actually constructed on the face of the earth.

acre.

There are two modes of obtaining title to coal lands, (1) private entry, (2) where priority of possession prevails, and the Land Office has issued the forms which it requires to be used in each case.

SEC. 2348. Any person or association of persons severally qualified, as above provided, who have opened and improved, or shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference-right of entry, under the preceding section, of the mines so opened and improved: Provided, That when any association of not less than four persons, severally qualified as above provided, shall have expended not less than five thousand dollars in working and improving any such mine or mines, such association may enter not exceeding six hundred and forty acres, including such mining improvements.

SEC. 2349. All claims under the preceding section must land to be pre- be presented to the register of the proper land-district within sixty days after the date of actual possession and the commencement of improvements on the land, by the filing of a declaratory statement therefor; but when the township plat is not on file at the date of such improvement, filing must be made within sixty days from the receipt of such plat at the district office; and where the improvements shall have been made prior to the expira

tion of three months from the third day of March, eighteen hundred and seventy-three, sixty days from the expiration of such three months shall be allowed for the filing of a declaratory statement, and no sale under the provisions of this section shall be allowed until the expiration of six months from the third day of March, eighteen hundred and seventy-three.

allowed.

3 March, 1873,

SEC. 2350. The three preceding sections shall be held Only one entry to authorize only one entry by the same person or association of persons; and no association of persons any member c. 279, s. 6. of which shall have taken the benefit of such sections, either as an individual or as a member of any other association, shall enter or hold any other lands under the provisions thereof; and no member of any association which shall have taken the benefit of such sections shall enter or hold any other lands under their provisions; and all persons claiming under section twenty-three hundred and forty-eight shall be required to prove their respective rights and pay for the lands filed upon within one year from the time prescribed for filing their respective claims; and upon failure to file the proper notice, or to pay for the land within the required period, the same shall be subject to entry by any other qualified applicant.

Parties who have located under this Act may transfer their rights to persons duly qualified under the Act to enter, but to no others (L. O., June, 1876).

SEC. 2351. In case of conflicting claims upon coal- Conflicting lands where the improvements shall be commenced, after

claim.

Ibid. s. 5.

Rights reserved.

3 March, 1873, c. 279.

Title to lots
subject to
to mineral
rights.

3 March, 1865, c. 107, s. 2,

v. 13, p. 530.

Repeal of Acts embraced in revision.

the third day of March, eighteen hundred and seventythree, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference-right to purchase. And also where improvements have already been made prior to the third day of March, eighteen hundred and seventy-three, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable improvements of the respective parties. The Commissioner of the General Land Office is authorized to issue all needful rules and regulations for carrying into effect the provisions of this and the four preceding sections.

SEC. 2352. Nothing in the five preceding sections shall be construed to destroy or impair any rights which may have attached prior to the third day of March, eighteen hundred and seventy-three, or to authorize the sale of lands valuable for mines of gold, silver, or copper.

SEC. 2386. Where mineral veins are possessed, which possession is recognised by local authority, and to the extent so possessed and recognised, the title to town lots to be acquired shall be subject to such recognised possession and the necessary use thereof; but nothing contained in this section shall be so construed as to recognise any colour of title in possessors for mining purposes as against the United States.

SEC. 5596. All Acts of Congress passed prior to said first day of December one thousand eight hundred and 22 June, 1874. seventy-three, any portion of which is embraced in any section of said revision, are hereby repealed, and the

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