§ 270-12. — Disposal by United States of coal, oil, or gas deposits reserved to United States; entry, reentry, etc., on lands for prospecting, mining, and removal.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC270-12]
TITLE 43--PUBLIC LANDS
CHAPTER 7--HOMESTEADS
SUBCHAPTER VIII--ALASKA HOMESTEADS
Sec. 270-12. Disposal by United States of coal, oil, or gas
deposits reserved to United States; entry, reentry, etc., on
lands for prospecting, mining, and removal
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.
(Mar. 8, 1922, ch. 96, Sec. 2, 42 Stat. 416; Pub. L. 85-725, Sec. 2,
Aug. 23, 1958, 72 Stat. 730; Pub. L. 94-579, title VII, Sec. 703(c),
Oct. 21, 1976, 90 Stat. 2791.)
References in Text
Act of March 8, 1922 and this Act, referred to in text, is act Mar.
8, 1922, ch. 96, 42 Stat. 415, as amended, which is classified to
sections 270-11 to 270-13 of this title. The provisions added by the act
of Aug. 17, 1961, and amended by the act of Oct. 3, 1962 were classified
to section 270-13 of this title. Sections 270-11 and 270-13 of this
title were repealed by section 703(a) of Pub. L. 94-579. For complete
classification of this Act to the Code, see Tables.
Codification
Section was formerly classified to section 377 of Title 48,
Territories and Insular Possessions.
Amendments
1976--Pub. L. 94-579 substituted provisions relating to disposal by
United States of coal, oil, or gas deposits reserved to the United
States, applicability of statutory provisions to such disposal, and
entry, reentry, etc., on lands for prospecting, mining, and removal of
deposits, for provisions relating to patent for land entered under
section 270-11 of this title, reservation to the patented land, disposal
of reserved coal, oil, or gas deposits, and entry, reentry, etc., on
lands for prospecting, mining, and removal of deposits.
1958--Pub. L. 85-725 struck out ``And provided further, That nothing
herein contained shall be held or construed to authorize the entry or
disposition, under section 274 of this title, or under Acts amendatory
thereof or supplemental thereto, of withdrawn or classified coal, oil,
or gas lands or of lands valuable for coal, oil, or gas''.
Effective Date of 1976 Amendment
Section 703(c) of Pub. L. 94-579 provided that the amendment made by
that section is effective on and after tenth anniversary of date of
approval of this Act, 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 sections 1613, 1634 of this title.
