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43 U.S.C. § 270–12Disposal by United States of coal, oil, or gas deposits reserved to United States; entry, reentry, etc., on lands for prospecting, mining, and re­movalreserved

submitted 104 years ago by ch. 96 to r/title-43-PUBLIC-LANDS · 392 words · no verdicts yet

in plain englishAI-generated · not legal advice

The government can sell coal, oil, or gas rights it kept when it sold certain Alaska land. Buyers of that land can still enter it to look for these resources. Anyone who later buys the mineral rights can also mine or drill there, after paying for any damage.

This section governs coal, oil, and gas deposits the United States reserved for itself under the Act of March 8, 1922, as later added to and amended. The United States can sell these reserved coal, oil, or gas deposits, following the same laws that apply to coal, oil, or gas deposits or lands in Alaska at the time of the sale. Anyone qualified under U.S. law to acquire these mineral deposits — or the right to mine, drill for, or remove them — can enter land patented under the 1922 Act to prospect for coal, oil, or gas. Before doing so, they must get the Secretary of the Interior's approval of a bond or other security, to cover any damage their prospecting causes to crops and improvements on the land. Anyone who has acquired the coal, oil, or gas deposits from the United States — or the right to mine, drill for, or remove them — can re-enter and use as much of the surface as needed to mine and remove the coal, or drill for and remove the oil or gas. They must first either pay the surface owner for the damage this causes, or post a bond to cover damages set by a court case. Two provisos apply. First, the owner of the surface (under the limited patent) can always mine coal for their own domestic use on the land, until the United States sells off the coal deposits. Second, nothing in this Act allows exploring or entering coal deposits that have been withdrawn from such exploration and purchase.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1922Enacted · Act of Mar. 8, 1922, ch. 96 · 42 Stat. 416
  • 1958Amended · Pub. L. 85-725 · 72 Stat. 730
  • 1976Amended · Pub. L. 94-579 · 90 Stat. 2791

A history note hasn’t been published yet. The record shows enactment by ch. 96 on 1922-03-08.

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