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HOUSE BILL.

the Secretary of the Interior shall, in his discretion, from time to time upon the request of any qualified applicant or on his own motion, offer such lands or deposits of coal for leasing, and award leases thereof through advertisement, by competitive bidding, or, in case of lignite or low-grade coals, such other methods as he may by general regulations adopt, to any person above the age of twenty-one years who is a citizen of the United States or to any association of such persons, or to any corporation or municipality organized under the laws of the United States or of any State or Territory thereof:

Provided, That no railroad or common carrier shall be permitted to take or acquire through lease or permit under this Act any coal or coal lands in excess of such area or quantity as may be required and used solely for its own use, and such limitation of use shail be expressed in all leases or permits issued to railroads or common carriers hereunder:

That such a railroad or common carrier may be permitted to take, under the foregoing provisions, not to exceed one lease upon and for each two hundred miles of its line in actual operation. The term "railroad" or "common carrier" as used in this Act shall include any company or corporation owning or operating a railroad, whether under a contract, agreement or lease, and any company or corporation subsidiary or auxiliary thereto, whether directly or indirectly connected with such railroad or common carrier: Provided further, That each applicant for lease under this Act shall execute a good and sufficient bond, to be approved by the Secretary of the Interior, in such reasonable sum as may be fixed by him, to insure good faith in the fulfillment of the terms and conditions of the bid, the lease, and of this Act: And provided further, That the Secretary of the Interior shall not, during any calendar year, lease to exceed ten

S D-63-2-vol 25- -27

PASSED BY SENATE.

rights, the Secretary shall offer such blocks or tracts and the coal, lignite, and associated minerals therein for leasing, and shall

award

leases thereof through advertisement, competitive bidding, or such other methods as he may by general regulations adopt, to any person above the age of twenty-one years who is a citizen of the United States, or to any association of such persons, or to any corporation organized under the laws of the United States or of any State or Territory thereof:

Provided, That a majority of the stock of such corporation shall at all times be owned and held by citizens of the United States:

Provided, That no more than one of said blocks shall be included in any lease: And provided further, That no railroad or common carrier shall be permitted to take or acquire through lease or permit under this Act any coal or coal lands in excess of such area or quantity as may be required and used solely for its own use, and such limitation of use shall be expressed in all leases or permits issued to railroads or common carriers hereunder: And provided further, That any person, association, or corporation qualified to become a lessee under this Act and owning any pending claim under the public-land laws to any coal lands in Alaska may, within one year from the passage of this Act, enter into an arrangement this Act, enter into an arrangement with the Secretary of the Interior by which such claim shall be fully relinquished to the United States; and if in the judgment of the Secretary of the Interior, the circumstances connected with such claim justify so doing, the moneys paid by the claimant or claimants to the United States on account of such claim

may,

by direction of the Secretary of the Interior, be returned and paid over to such person, association, or corporation as a consideration for such relinquishment, or in lieu of such repayment the Secretary of the Interior may execute and deliver to said person,

CONFERENCE AGREEMENT.

the Secretary shall offer such blocks or tracts and the coal, lignite, and associated minerals therein for leasing, and

may award leases thereof through advertisement, competitive bidding, or such other methods as he may by general regulations adopt, to any person above the age of twenty-one years who is a citizen of the United States, or to any association of such persons, or to any corporation organized under the laws of the United States or of any State or Territory thereof:

Provided, That a majority of the stock of such corporation shall at all times be owned and held by citizens of the United States:

further,

And provided

That no railroad or common carrier shall be permitted to take or acquire through lease or permit under this Act any coal or coal lands in excess of such area or quantity as may be required and used solely for its own use, and such limitation of use shall be expressed in all leases or permits issued to railroads or common carriers hereunder: And provided further, That any person, association, or corporation qualified to become a lessee under this Act and owning any pending claim under the public-land laws to any coal lands in Alaska may, within one year from the passage of this Act, enter into an arrangement with the Secretary of the Interior by which such claim shall be fully relinquished to the United States; and if in the judgment of the Secretary of the Interior, the circumstances connected with such claim justify so doing, the moneys paid by the claimant or claimants to the United States on account of such claim

shall,

by direction of the Secretary of the Interior, be returned and paid over to such person, association, or corporation as a consideration for such relinquishment.

HOUSE BILL.

per centum of the total area of unreserved coal lands in Alaska.

The possession of any lessee of the land or coal deposits leased under this Act, for all purposes involving adverse claims to the leased property, shall be deemed the possession of the United States, and for such purposes the lessee shall occupy the same relation to the property leased as if operated directly by the United States.

SEC. 4. That a person, association, or corporation holding a lease

of lands

or coal deposits under this Act may, with the approval of the Secretary of the Interior, upon a finding by him that it will be for the advantage of the lessee and the United States, secure a modification of his or its original lease by including additional lands or coal deposits contiguous to those embraced in such lease, but in no event shall the total area embraced in such modified lease exceed in the aggregate two thousand five hundred and sixty

acres.

That upon satisfactory showing by any lessee to the Secretary of the Interior that all of the workable deposits of coal within a tract covered by his or its lease will be exhausted, worked out, or removed within three years thereafter, the Secretary of the Interior may, within his discretion, lease to such lessee an additional tract of land or coal deposits, which, including the coal area remaining in the original lease, shall not exceed two thousand five hundred and sixty acres, through the same procedure and under the same competitive conditions as in case of an original lease.

PASSED BY SENATE.

association, or corporation, in preference to any other lessee, a lease under this Act of the land so claimed or any part thereof within the limitations of area and location fixed by this section, and the said moneys may be credited upon the royalties to become due under such lease: Provided, That if the land so claimed be within a reservation made in pursuance of section two of this Act other coal lands in Alaska of substantially equal value may be substituted in said lease for the ands so relinquished.

All claims of such existing rights to any of such lands in which final proof has been submitted and which are now pending before the Commissioner of the General Land Office or the Secretary of the Interior for decision shall be adjudicated within one year from the passage of this Act.

SEC. 4. That a person, association, or corporation holding a lease

[blocks in formation]
[blocks in formation]

That upon satisfactory showing by any lessee to the Secretary of the Interior that all of the workable deposits of coal within a tract covered by his or its lease will be exhausted, worked out, or removed within three years thereafter, the Secretary of the Interior may, within his discretion, lease to such lessee an additional tract of land or coal deposits, which, including the coal area remaining in the original lease, shall not exceed two thousand five hundred and sixty acres, through the same procedure and under the same competitive conditions as in case of an original lease.

HOUSE BILL.

SEC. 5. That no person, association, or corporation, except as herein provided, shall be permitted to take or hold any interest as a stockholder or otherwise in more than one lease under this Act; and any interest held in violation of this section shall be forfeited to the United States by appropriate proceedings instituted by the Attorney General for that purpose in any court of competent jurisdiction: Provided, That any such ownership or interest hereby forbidden which may be acquired by descent, will, judgment, or decree may be held for two years after its acquisition and not longer.

SEC. 6. That no person, association, or corporation holding a lease under the provisions of this Act shall hold any interest, direct or indirect, in any agency, corporate or otherwise, engaged in the resale of coal purchased from such lessee, or enter into any agreement, arrangement, or other device to enhance the price or to limit the output of coal, and any violation of the provisions of this section shall be ground for the forfeiture of the lease or interest held.

PASSED BY SENATE.

SEC. 5. That, subject to the approval of the Secretary of the Interior, lessees

holding under leases small blocks or areas may consolidate their said leases or holdings so as to include in a single holding not to exceed two thousand five hundred and sixty acres of contiguous lands.

SEC. 6. That each lease shall be for such block or tract of land as may be

applied for, not exceeding in area two thousand five hundred and sixty acres of land, to be described by the subdivisions of the survey, and no person, association, or corporation, except as hereinafter provided, shall be permitted to take or hold any interest as a stockholder or otherwise in more than one such lease under this Act, and any interest held in violation of this proviso shall be forfeited to the United States by appropriate proceedings instituted by the Attorney General for that purpose in any court of competent jurisdiction, except that any such ownership and interest hereby forbidden which may be acquired by descent, will, judgment, or decree may be held for one year, and not longer, after its acquisition

CONFERENCE AGREEMENT.

SEC. 5. That, subject to the approval of the Secretary of the Interior, and under such rules and regulations as he may prescribe

lessees holding under leases small blocks or areas may consolidate their said leases or holdings so as to include in a single holding not to exceed two thousand five hundred and sixty acres of contiguous lands.

SEC. 6. That each lease shall be for such block or tract of land as may be

offered or

applied for, not exceeding in area two thousand five hundred and sixty acres of land, to be described by the subdivisions of the survey, and no person, association, or corporation, except as hereinafter provided, shall be permitted to take or hold any interest as a stockholder or otherwise in more than one such lease under this Act, and any interest held in violation of this proviso shall be forfeited to the United States by appropriate proceedings instituted by the Attorney General for that purpose in any court of competent jurisdiction, except that any such ownership and interest hereby forbidden which may be acquired by descent, will, judgment, or decree may be held for one year, and not longer, after its acquisition.

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