§ 142. — Rights of occupants or claimants of oil or gasbearing lands; exceptions to withdrawals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC142]
TITLE 43--PUBLIC LANDS
CHAPTER 6--WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY
Sec. 142. Rights of occupants or claimants of oil- or gas-
bearing lands; exceptions to withdrawals
This section and section 141 \1\ of this title shall not be
construed as a recognition, abridgment, or enlargement of any asserted
rights or claims initiated upon any oil- or gas-bearing lands after any
withdrawal of such lands made prior to June 25, 1910: And provided
further, That there shall be excepted from the force and effect of any
withdrawal made under the provisions of this section and section 141 \1\
of this title all lands which are, on the date of such withdrawal,
embraced in any lawful homestead or desert-land entry theretofore made,
or upon which any valid settlement has been made and is at said date
being maintained and perfected pursuant to law; but the terms of this
proviso shall not continue to apply to any particular tract of land
unless the entryman or settler shall continue to comply with the law
under which the entry or settlement was made.
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\1\ See References in Text note below.
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(June 25, 1910, ch. 421, Sec. 2, 36 Stat. 847; Aug. 24, 1912, ch. 369,
37 Stat. 497; Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90
Stat. 2792.)
References in Text
Section 141 of this title, referred to in text, was repealed by Pub.
L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.
Codification
Act Aug. 24, 1912, substituted ``metalliferous minerals'' for
``minerals other than coal, oil, gas, and phosphates'' in the first
clause of this section, and ``June 25, 1910'' for ``the passage of this
Act'' in the second proviso of this section.
In the last proviso of this section, ``national forest'' substituted
for ``forest reserve'', in view of act Mar. 4, 1907, ch. 2907, 34 Stat.
1269, providing that forest reserves should be known as national
forests.
The provisions of the last proviso of this section were also
classified to section 471 of Title 16, Conservation.
Amendments
1976--Pub. L. 94-579 struck out provisions that all lands withdrawn
under the act of June 25, 1910, be open to exploration, occupation, and
purchase under the mineral laws of the United States in respect to
minerals other than coal, oil, gas, and phosphates and that no national
forest be created or additions thereto made to those created before Aug.
24, 1912, in Oregon, Washington, Idaho, Montana, Colorado, or Wyoming,
except by Act of Congress.
Effective Date of 1976 Amendment
Section 704(a) of Pub. L. 94-579 provided that the amendment made by
that section is effective on and after Oct. 21, 1976.
Savings Provision
Amendment by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
Section Referred to in Other Sections
This section is referred to in section 145 of this title.
