Conditions.

surface thereof as may be required for all purposes reasonably incident to the mining or removal of the coal or other minerals, first, upon securing the written consent or waiver of the homestead entryman or patentee; second, upon payment of the damages to crops or other tangible improvements to the owner thereof, where agreement may be had as to the amount thereof; or, third, in lieu of either of the foregoing provisions, upon the execution of a good and sufficient bond or undertaking to the United States for the use and benefit of the entryman or owner of the land, to secure the payment of such damages to the crops or tangible improvements of the entryman or owner, as may be determined and fixed in an action brought upon the bond or undertaking in a court of competent jurisdiction against the principal and sureties thereon, such bond or undertaking to be in form and in accordance with rules and regulations prescribed by the Secretary of the Interior and to be filed with and approved by the register and receiver of the local land office of the district wherein the land is situate, subject to appeal to the Commissioner of the General subject to graz- Land Office: Provided, That all patents issued for the coal or other mineral deposits herein reserved shall contain appropriate notations declaring them to be subject to the provisions of this Act with reference to the disposition, occupancy, and use of the land as permitted to an entryman under this Act.

Mining patents ing rights.

Water holes reserved for public.

use.

access stock

SEC. 10. That lands containing water holes or other bodies of water needed or used by the public for watering purposes shall not be designated under this Act but may be reserved under the provisions of the Act of June twenty-fifth, nineteen hundred and ten, and such lands heretofore or hereafter reserved shall, while so reserved, be kept and held open to the public use for such purposes under such general rules and regulations as the SecreWithdrawal for tary of the Interior may describe: Provided, That the movements, etc. Secretary may, in his discretion, also withdraw from entry lands necessary to insure access by the public to watering places reserved hereunder and needed for use in the movement of stock to summer and winter ranges or to shipping points, and may prescribe such rules and regulations as may be necessary for the proper adminisRegulations of tration and use of such lands: Provided further, That such driveways shall not be of greater number or width than shall be clearly necessary for the purpose proposed and in no event shall be more than one mile in width for a driveway less than twenty miles in length, not more than two miles in width for driveways over twenty and not more than thirty-five miles in length and not over five miles in width for driveways over thirty-five miles Movement of in length: Provided further, That all stock so transported over such driveways shall be moved an average of not less than three miles per day for sheep and goats and

driveways.

stock.

an average of not less than six miles per day for cattle and horses.

SEC. 11. That the Secretary of the Interior is hereby Regulations. authorized to make all necessary rules and regulations in harmony with the provisions and purposes of this Act for the purpose of carrying the same into effect. Approved, December 29, 1916 (39 Stat. 862).

An Act To amend section three of an Act entitled "An Act to provide for stock-raising homesteads, and for other purposes," approved December twenty-ninth, nineteen hundred and sixteen.

stock-raising

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section three of the Act entitled "An Act Public lands to provide for stock-raising homesteads, and for other homesteads on. purposes," approved December twenty-ninth, nineteen hundred and sixteen, be amended to read as follows:

Entries of 640 acres allowed.

Additions to

Limit.

"SEC. 3. That any qualified homestead entryman may make entry under the homestead laws of lands so designated by the Secretary of the Interior, according to legal subdivisions, in areas not exceeding six hundred and forty acres, and in compact form so far as may be subject to the provisions of this Act, and secure title thereto by compliance with the terms of the homestead laws: Provided, That a former homestead entry of land of the former entries. character described in section two hereof shall not be a bar to the entry of a tract within a radius of twenty miles from such former entry under the provisions of this Act, which, together with the former entry, shall not exceed six hundred and forty acres, subject to the requirements of law as to residence and improvements, except that no residence shall be required on such additional entry if the entryman owns and is residing on his former entry: Provided further, That the entryman shall Selection of be required to enter all contiguous areas of the character herein described open to entry prior to the entry of any noncontiguous land: And provided further, That instead Improvements of cultivation as required by the homestead laws the en- of cultivation. tryman shall be required to make permanent improvements upon the land entered before final proof is submitted tending to increase the value of the same for stock-raising purposes of the value of not.less than $1.25 per acre, and at least one-half of such improvements shall be placed upon the land within three years after the date of entry thereof."

Approved, October 25, 1918 (40 Stat. 1016).

An Act To amend sections 4 and 5 of an Act entitled "An Act to provide for stock-raising homesteads, and for other purposes," approved December 29, 1916.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 4 and 5 of the Act entitled

No residence on additions if on

former.

contiguous lands.

required instead

Stock raising homesteads.

Additions to pending home.

lands allowed.

"An Act to provide for stock-raising homesteads, and for other purposes," approved December 29, 1916, be amended to read as follows:

"SEC. 4. That any homestead entryman of lands of stead entries. the character herein described who has not submitted Noncontiguous final proof upon his existing entry shall have the right to enter, subject to the provisions of this Act, such amount of lands designated for entry under the provisions of this Act, within a radius of twenty miles from said existing entry, as shall not, together with the amount embraced in his original entry, exceed six hundred and forty acres, and residence upon the original Improvements entry shall be credited on both entries, but improvements required. must be made on the additional entry equal to $1.25 for Contiguous each acre thereof: Provided, That the entryman shall area to be first be required to enter all contiguous areas of the character herein described open to entry prior to the entry of any noncontiguous land.

selected.

may enter addi

lands.

Homesteaders "SEC. 5. That persons who have submitted final proof tional contiguous upon, or received patent for, lands of the character or noncontiguous herein described under the homestead laws, and who own and reside upon the land so acquired, may, subject to the provisions of this Act, make additional entry for and obtain patent to lands designated for entry under the provisions of this Act, within a radius of twenty miles from the lands theretofore acquired under the homestead laws, which, together with the area theretofore acquired under the homestead laws, shall not exceed Improvements six hundred and forty acres, on proof of the expenditure required by this Act on account of permanent improveContiguous ments upon the additional entry: Provided, That the entryman shall be required to enter all contiguous areas of the character herein described open to entry prior to the entry of any noncontiguous land."

required.

areas to be first entered.

erroneously

eral.

Approved, September 29, 1919 (41 Stat. 287).

AGRICULTURAL ENTRIES ON COAL LANDS.

An Act For the protection of the surface rights of entrymen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemConfirmation of bled, That any person who has in good faith located. entries on lands selected, or entered under the nonmineral land laws of deemed nonmin the United States any lands which subsequently are classified, claimed, or reported as being valuable for coal, may, if he shall so elect, and upon making satisPreservation of factory proof of compliance with the laws under which coal rights to the such lands are claimed, receive a patent therefor, which shall contain a reservation to the United States of all coal in said lands, and the right to prospect for, mine, and remove the same. The coal deposits in such lands shall be subject to disposal by the United States in ac

United States.

coal-land laws.

Right of owner

Domestic use of

cordance with the provisions of the coal-land laws in Disposal under force at the time of such disposal, but no person shall enter upon said lands to prospect for, or mine and remove coal therefrom, without previous consent of the of surface. owner under such patent, except upon such conditions as to security for and payment of all damages to such owner caused thereby as may be determined by a court of competent jurisdiction: Provided, That the owner under such patent shall have the right to mine coal coal. for use on the land for domestic purposes prior to the disposal by the United States of the coal deposit: Provided further, That nothing herein contained shall be held to affect or abridge the right of any locator, selector, trymen. or entryman to a hearing for the purpose of determining the character of the land located, selected, or entered by him. Such locator, selector, or entryman who has heretofore made or shall hereafter make final proof showing good faith and satisfactory compliance with the law under which his land is claimed shall be entitled to a patent without reservation unless at the time of such final proof and entry it shall be shown that the land is chiefly valuable for coal.

Approved, March 3, 1909 (35 Stat. 844).

An Act To provide for agricultural entries on coal lands.

Rights of en

Classified, etc., coal lands.

Agricultural en

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this Act unreserved public lands of the United States, exclusive of Alaska, which have been withdrawn or classified as coal lands or are valuable for coal, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert-land law, to selection under section four tries for surface of the Act approved August eighteenth, eighteen hun- allowed. dred and ninety-four, known as the Carey Act, and to withdrawal under the Act approved June seventeenth, nineteen hundred and two, known as the reclamation Act,12 whenever such entry, selection, or withdrawal shall be made with a view of obtaining or passing title, Right to proswith a reservation to the United States of the coal in served. such lands and of the right to prospect for, mine, and remove the same. But no desert entry made under the provisions of this Act shall contain more than one hun- ditions. dred and sixty acres, and all homestead entries made hereunder shall be subject to the conditions, as to residence and cultivation, of entries, under the Act approved February nineteenth, nineteen hundred and nine, entitled "An Act to provide for an enlarged homestead": Provided, That those who have initiated nonmineral present entries. entries, selections, or locations in good faith, prior to

12 State selections and sale of isolated tracts added by the act of Apr. 30, 1912.

pect for coal, re

Limit and con

Perfection of

Applications to state nature of entry.

Patents to reserve coal rights.

Disposal of coal deposits.

pecting.

the passage of this Act, on lands withdrawn or classified as coal lands, may perfect the same under the provisions of the laws under which said entries were made, but shall receive the limited patent provided for in this Act. SEC. 2. That any person desiring to make entry under the homestead laws, or the desert-land law, any State desiring to make selection under section four of the Act of August eighteenth, eighteen hundred and ninety-four, known as the Carey Act, and the Secretary of the Interior in withdrawing under the reclamation Act lands classified as coal lands, or valuable for coal, with a view of securing or passing title to the same in accordance with the provisions of said Acts, shall state in the application for entry, selection, or notice of withdrawal that the same is made in accordance with and subject to the provisions and reservations of this Act.

SEC. 3. That upon satisfactory proof of full compliance with the provisions of the laws under which entry is made, and of this Act, the entryman shall be entitled to a patent to the land entered by him, which patent shall contain a reservation to the United States of all the coal in the lands so patented, together with the right to prospect for, mine, and remove the same. The coal deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal-land Entry for pros- laws in force at the time of such disposal. Any person qualified to acquire coal deposits or the right to mine and remove the coal under the laws of the United States shall have the right, at all times, to enter upon the lands selected, entered, or patented, as provided by this Act, for the purpose of prospecting for coal thereon 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 Damage to sur- such lands by reason of such prospecting. Any person who has acquired from the United States the coal deposits in any such land, 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 incident to the mining and removal of the coal therefrom, and mine and remove the coal, 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 Mining for do- damages: Provided, That the owner under such limited. patent shall have the right to mine coal for use upon the land for domestic purposes at any time prior to the disRight of entry. posal by the United States of the coal deposits: Provided man to disprove further, That nothing herein contained shall be held to deny or abridge the right to present and have prompt consideration of applications to locate, enter, or select, under the land laws of the United States, lands which have been classified as coal lands with a view of disprov

face owners.

mestic use.

Coal tions.