COAL-LAND LAW AND REGULATIONS THEREUNDER. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., July 31, 1882. GENTLEMEN: The following sections of the Revised Statutes provide for the sale of coal lands of the United States: TITLE XXXII, CHAPTER SIX. MINERAL LANDS AND MINING RESOURCES. SEC. 2347. Every person above the age of twenty-one years, 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. 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 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 expiration 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. SEC. 2350. The three preceding sections shall be held to authorize only one entry by the same person or association of persons; and no association of persons any member 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. SEC. 2351. In case of conflicting claims upon coal-lands where the improvements shall be commenced, after 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. RULES AND REGULATIONS. Under the authority conferred by said section 2351 the following rules and regulations are issued for carrying into effect the provisions of said law: 1. Sale of coal-lands is provided for— By ordinary private entry under section 2347. By granting a preference right of purchase, based on priority of possession and improvement, under section 2348. 2. The land entered under either section must be by legal subdivisions, as made by the regular United States survey. Entry is confined to surveyed lands; to such as are vacant, not otherwise appropriated, reserved by competent authority, or containing valuable minerals other than coal. 3. Individuals and associations may purchase. If an individual, he must be 21 years of age and a citizen of the United States, or have declared his intention to become such citizen. 4. If an association of persons, each person must be qualified as above. 5. A person is not disqualified by the ownership of any quantity of other land, nor by having removed from his own land in the same State or Territory. 6. Any individual may enter by legal subdivisions as aforesaid any area not exceeding 160 acres. 7. Any association may enter not to exceed 320 acres. 8. Any association of not less than 4 persons, duly qualified, who shall have expended not less than $5,000 in working and improving any coal mine or mines, may enter under section 2348 not exceeding 640 acres, including such mining improvements. 9. One person can have the benefit of one entry or filing only. He is disqualified by having made such entry or filing alone or as a member of an association. No entry can be allowed an association which has in it a single person thus disqualified, as the law prohibits the entry or holding of more than one claim either by an individual or an association. 10. Lands that are sufficiently valuable for gold, silver, or copper to prevent their entry as agricultural lands can not be entered as coallands; and you will not allow any entry to be made under the abovenamed provisions of law of lands valuable for their deposits of said minerals. 11. The present rules relative to "hearings to establish the character of lands," contained in General Land Office regulations of October 31, 1881 [Revision approved June 24, 1899] issued under the mining laws, will, as far as applicable, govern your action in determining the character of lands sought to be entered as coal-land. 12. The price per acr is $10 where the land is situated more than 15 miles from any completed railroad, and $20 per acre where the land is within 15 miles of such road. The price of the land, however, must be determined by its distance from a completed railroad at the date of payment and entry, irrespective of the preference right of entry. 13. When application is made to purchase coal-land at the rate of $10 per acre you will in all cases require satisfactory proof that the land applied for is, at date of entry, situated more than 15 miles from any completed railroad. This proof may consist of the affidavit of the applicant, or that of his duly authorized agent, corroborated by the affidavit of some disinterested credible party showing personal knowledge of the facts. 14. Where the land lies partly within 15 miles of such road and in part outside such limit, the maximum price must be paid for all legal subdivisions the greater part of which lie within 15 miles of such road. 15. The term "completed railroad" is held to mean one which is actually constructed on the face of the earth; and lands within 15 miles of any point of a railroad so constructed will be held and disposed of at $20 per acre. 16. Any duly qualified person or association must be preferred as purchasers of those public lands on which they have opened and improved, or shall open and improve, any coal mine or mines, and which they shall have in actual possession. 17. Possession by agent is recognized as the possession of the principal. The clearest proof on the point of agency must, however, be required in every case, and a clearly defined possession must be established. 18. The opening and improving of a coal mine, in order to confer a preference-right of purchase, must not be considered as a mere matter of form; the labor expended and improvements made must be such as to clearly indicate the good faith of the claimant. 19. These lands are intended to be sold, where there are adverse claimants therefor, to the party who, by substantial improvements, actual possession, and a reasonable industry, shows an intention to continue his development of the mines, in preference to those who would purchase for speculative purposes only. With this view, you will require such proof of compliance with the law, when lands are applied for under section 2348 by adverse claimants, as the circumstances of each case may justify. 20. In conflicts where improvements have been or shall hereafter be commenced, priority of possession and improvement shall govern the award when the law has been fully complied with by each party. A mere possession, however, without satisfactory improvements, will not secure the tract to the first occupant when a subsequent claimant shows his full compliance with the law. 21. After an entry has been allowed to one party, you will make no investigation concerning it at the instance of any person except on instructions from this office. You will, however, receive all affidavits concerning such case and forward the same to this office, accompanied by a statement of the facts as shown by your records. 22. Prior to entry it is competent for you to order an investigation, on sufficient grounds set forth under oath of a party in interest and substantiated by the affidavits of disinterested and credible witnesses. MANNER OF OBTAINING TITLE. 23. When title is sought by private entry the party will himself make oath to the following application, which must be presented to the register: ...... hereby apply, under the provisions of the Revised Statutes of the United States relating to the sale of coal-lands of the United States, to purchase the quarter of section in township ...., of range in the district of lands subject to sale at the land office at and containing acres; and I solemnly swear that no portion of said tract is in the possession of any other party; that I am twenty-one years of age, a citizen of the United States (or have declared my intention to become a citizen of the United States), and have never held nor purchased lands under said act, either as an individual or as a member of an association; and I do further swear that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that my knowledge of said land is such as to enable me to testify understandingly with regard thereto; that said land contains large deposits of coal and is chiefly valuable therefor; that there is not, to my knowledge, within the limits thereof any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my knowledge, any valuable deposit of gold, silver, or copper. So help me God. .... 24. Thereupon the register, if the tract is vacant, will so certify to the receiver, stating the price, and the applicant or his duly authorized agent must then pay the amount of purchase money. 25. The receiver will then issue to the purchaser a duplicate receipt, and at the close of the month the register and receiver will make returns of the sale to the General Land Office, from whence, when the proceedings are found regular, a patent or complete title will be issued; and on surrender of the duplicate receipt such patent will be delivered, at the option of the patentee, either by the Commissioner at Washington or by the register at the district land office. 26. This disposition at private entry will be subject to any valid prior adverse right which may have attached to the same land and which is protected by section 2348. 27. Second. When the application to purchase is based on a priority of possession, etc., as provided for in section 2348, the claimant must, when the township plat is on file in your office, file his declaratory statement for the tract claimed sixty days from and after the first day of his actual possession and improvement. Sixty days, exclusive of the first day of possession, etc., must be allowed. 28. The declaratory statement must be substantially as follows, to wit: do solemnly swear that I am in township of range ...... I, years of age, and a citizen of the United States (or have declared my intention to become a citizen of the United States); that I never have, either as an individual or as a member of an association, held or purchased any coal-lands under the provisions of the Revised Statutes of the United States relating to the sale of coal-lands of the United States, and I do hereby declare my intention to purchase, under the provisions aforesaid, the ... quarter of section of lands subject to sale at the district land office at ......, and that I came into possession of said tract on the day of A. D. 18.., and have ever since remained in actual possession continuously; that I have located and opened a valuable mine of coal thereon, and have expended in labor and improvements on said mine the sum of ...... dollars, the labor and improvements being as follows: [here describe the nature and character of the improvements]; and I do furthermore solemnly swear that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that my knowledge of said land is such as to enable me to testify understandingly with regard therto; that there is not, |