« ForrigeFortsett »
to be posted on claim.
in the recording district, and with the register and receiver of the land district in which the lands are located or situated, a notice containing the name or names of the locator or locators, the date of the location, the description of the lands located, and a reference to such natural objects or permanent monuments as will readily identify the same.
SEC. 2. That such locator or locators, or their assigns, who are citizens of the United States, shall receive a patent to the lands located by presenting, at any time within three years from the date of such notice, to the register Application to and receiver of the land district in which the lands so lo- three years. cated are situated an application therefor, accompanied by a certified copy of a plat of survey and field notes there
a of, made by a United States deputy surveyor or a United States mineral surveyor duly approved by the surveyorgeneral for the district of Alaska, and a payment of the sum of ten dollars per acre for the lands applied for; but Price per acro. no such application shall be allowed until after the applicant has caused a notice of the presentation thereof, embracing a description of the lands, to have been published in a newspaper in the district of Alaska published nearest Notice to the location of the premises for a period of sixty days, and shall have caused copies of such notice, together with a certified copy of the official plat of survey, to have been kept posted in a conspicuous place upon the land applied Notice for and in the land office for the district in which the lands are located for a like period, and until after he shall have furnished proof of such publication and posting, and such other proof as is required by the coal-land laws: Provided, That nothing herein contained shall be so construed as tó Shores of naviauthorize entries to be made or title to be acquired to the shore of any navigable waters within said district.
SEC. 3. That during such period of posting and publi- Adverse claims. cation, or within six months thereafter, any person or association of persons having or asserting any adverse interest or claim to the tract of land or any part thereof sought to be purchased shall file in the land office where such application is pending, under oath, an adverse Proceedings claim, setting forth the nature and extent thereof, and such adverse claimant shall, within sixty days after the filing of such adverse claim, begin an action to quiet title in a court of competent jurisdiction within the district of Alaska, and thereafter no patent shall issue for such claim until the final adjudication of the rights of the parties, and such patent shall then be issued in conformity with the final decree of such court therein.
Sec. 4. That all the provisions of the coal-land laws of continuance of the United States not in conflict with the provisions of this act shall continue and be in full force in the district of Alaska.
Approved, April 28, 1904 (33 Stat., 525).
An Act To encourage the development of coal deposits in the Territory
of Alaska. Development of Be it enacted by the Senate and House of Representatives coal deposits in Alaska. of the United States of America in Congress assembled,
That all persons, their heirs or assigns, who have in good faith personally or by an attorney in fact made locations of coal land in the Territory of Alaska in their own interest, prior to November twelfth, nineteen hundred and six, or in accordance with circular of instructions
issued by the Secretary of the Interior May sixteenth, Consolidation of nineteen hundred and seven, may consolidate their said claims permitted.
claims or locations by including in a single claim, loca
tion, or purchase not to exceed two thousand five hunLimit of acro- dred and sixty acres of contiguous lands, not exceeding
in length twice the width of the tract thus consolidated, and for this purpose such persons, their heirs, or assigns, may form associations or corporations who may perfect entry of and acquire title to such lands in accordance with the other provisions of law under which said locations were originally made: Provided, That no corporation shall be permitted to consolidate its claims under this act unless seventy-five per centum of its stock shall be held by persons qualified to enter .coal lands in Alaska.
Sec. 2. That the United States shall, at all times, have uct for Army and the preference right to purchase so much of the product
of any mine or mines opened upon the lands sold under the provisions of this act as may be necessary for the
use of the Army and Navy, and at such reasonable and prices fixed. by remunerative price as may be fixed by the President;
but the producers of any coal so purchased who may be Litigation.
dissatisfied with the price thus fixed shall have the right to prosecute suits against the United States in the Court of Claims for the recovery of any additional sum or sums they may claim as justly due upon such purchase.
Sec. 3. That if any of the lands or deposits purchased under the provisions of this act shall be owned, leased, trusteed, possessed, or controlled by any device permanently, temporarily, directly, indirectly, tacitly, or in any manner whatsoever so that they form part of, or in any way effect any combination, or are in anywise controlled by any combination in the form of an unlawful trust, or form the subject of any contract or conspiracy in restraint of trade in the mining or selling of coal, or of any holding of such lands by any individual, partnership, association, corporation, mortgage, stock ownership, or control, in excess of two thousand five hundred
and sixty acres in the district of Alaska, the title thereto Forfeiture. shall be forfeited to the United States by proceedings
instituted by the Attorney-General of the United States in the courts for that purpose.
SEC. 4. That every patent issued under this act shall expressly recite the terms and conditions prescribed in sections two and three hereof.
Approved, May 28, 1908 (35 Stat., 424)
Unlawful trust forbidden.
An Act To provide for the leasing of coal lands in the Territory of
Alaska, and for other purposes.
der existing -aws.
Be it enacted by the Senate and House of Representatives a Alaska of the United States of America in Congress assembled, That the Secretary of the Interior be, and hereby is, authorized and directed to survey the lands of the United Surveys States in the Territory of Alaska known to be valuable for their deposits of coal, preference to be given first in favor of surveying lands within those areas commonly known as the Bering River, Matanuska, and Nenana coal fields, and thereafter to such areas or coal fields as lie tributary to established settlements or existing or proposed rail or water transportation lines: Provided, That Execution un such surveys shall be executed in accordance with existing laws and rules and regulations governing the survey of public lands. There is hereby appropriated, out of any Appropriation . money in the Treasury not otherwise appropriated, the sum of $100,000 for the purpose of making the surveys herein provided for, to continue available until expended: Provided, That any surveys heretofore made under the Use of prior sur authority or by the approval of the Department of the Interior may be adopted and used for the purposes of this act. SEC. 2. That the President of the United States shall Lands reserved
from disposal. designate and reserve from use, location, sale, lease, or disposition not exceeding five thousand one hundred and twenty acres of coal-bearing land in the Bering River field and not exceeding seven thousand six hundred and eighty acres of coal-bearing land in the Matanuska field, and not to exceed one-half of the other coal lands in Alaska: Provided, That the coal deposits in such reserved
Mining of ro areas may be mined under the direction of the President Conditions. when, in his opinion, the mining of such coal in such reserved areas, under the direction of the President, becomes necessary, by reason of an insufficient supply of coal at a reasonable price for the requirements of Government works, construction and operation of Government railroads, for the Navy, for national protection, or for relief from monopoly or oppressive conditions.
SEC. 3. That the unreserved coal lands and coal de- Subdivision of posits shall be divided by the Secretary of the Interior into leasing into leasing blocks or tracts of forty acres each, or multiples thereof, and in such form as in the opinion of the Secretary will permit the most economical mining of the coal in such blocks, but in no case exceeding two thousand five hundred and sixty acres in any one leasing block or tract; and thereafter, 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
Lease; author ized.
ment of claims
year from the
such persons, or to any corporation or municipality or
ganized under the laws of the United States or of any Citizenship re-State or Territory thereof: Provided, That a majority of quirements.
the stock of such corporation shall at all times be owned
and held by citizens of the United States: And provided
by further, That no railroad or common carrier shall be perrailroads or committed 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 Relinquish hereunder: And provided further, That any person, assounder land laws. ciation, or corporation qualified to become a lessee under
this act and owning any pending claim under the publicland laws to any coal lands in Alaska may, within one
of this act, enter into an arrangąment 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 diReturn the recen-rection of the Secretary of the Interior, be returned and
paid over to such person, association, or corporation as à consideration for such relinquishment.
All claims of existing rights to any of such lands in of all pending
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 of coal lands under this act may, with the approval of the Secretary of the Interior and through the same procedure and upon the same terms and conditions as in the case of an original lease under this act, secure a further or new lease covering additional lands contiguous to those embraced in the original lease, but in no event shall the total area embraced in such original and new leases exceed in the aggregate two thousand five hundred and sixty acres.
That upon satisfactory, showing by any lessee to the posits exhausted. 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.
SEC. 5. That, subject to the approval of the Secretary small holdings.
of the Interior, lessees holding under leases small blocks or areas may consolidate their said leases or holdings so as
Leasing of additional contiguous lands.
New leases permitted when de.
Interest in more than
quired by de
to include in a single holding not to exceed two thousand five hundred and sixty acres of contiguous land. SEC. 6. That each lease shall be for such leasing block application for
leasing tracts. 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 forbidden. in violation of this proviso shall be forfeited to the United Proceedings to 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 Interest acdescent, will, judgment, or decree may be held for two scent. years, and not longer, after its acquisition.
SEC. 7. That any person who shall purchase, acquire, te Purchasing fra or hold any interest in two or more such leases, except than one lease a as herein provided, or who shall knowingly purchase, acquire, or hold any stock in a corporation having an interest in two or more such leases, or who shall knowingly sell or transfer to one disqualified to purchase, or except as in this act specifically provided, disqualified to acquire, any such interest, shall be deemed guilty of a felony, and upon conviction shall be punished by im- Punishment. prisonment for not more than three years and by å fine not exceeding $1,000: Provided, That any such ownership and interest hereby forbidden which may be acquired by descent, will, judgment, or decree may be Temporary
ownership by held two years after its acquisition and not longer, and scent. in case of minority or other disability such time as the court may decree.
Sec. 8. That any director, trustee, officer, or agent of Purchase any corporation holding any interest in such a lease who officer of corpora shåll, on behalf of such corporation, act in the purchase of
any interest in another lease, or who shall knowingly act on behalf of such corporation in the sale or transfer of any such interest in any lease held by such corporation to any corporation or individual holding any interest in any such à lease, except as herein provided, shall be Punishment. guilty of a felony and shall be subject to imprisonment for a term of not exceeding three years and a fine of not exceeding $1,000.
SEC. 8a. If any of the lands or deposits leased under Lands subthe provisions of this act shall be subleased, trusteed, unlawful possessed, or controlled by any device permanently, temporarily, directly, indirectly, tacitly, or in any manner whatsoever, so that they form part of or are in anywise controlled by any combination in the form of an unlawful trust, with consent of lessee, or form the subject of any contract or conspiracy in restraint of trade in the mining or selling of coal, entered into by the lessee, or of any holding of such lands by any individual, partnership, association, corporation, or control, in excess of two
of another lease by