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COAL LANDS.

An Act To extend the coal-land laws to the district of Alaska.

extended to Alas

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the public-land laws of the Coal-land laws United States are hereby extended to the district of ka. Alaska as relate to coal lands, namely, sections twentythree hundred and forty-seven to twenty-three hundred and fifty-two, inclusive, of the Revised Statutes." Approved, June 6, 1900 (31 Stat. 658).

An Act To amend an Act entitled "An Act to extend the coal-land laws to the district of Alaska," approved June sixth, nineteen hundred.

tries.

Location of de

od

lands.

mineral

Boundaries.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person or association of persons qualified to make entry under the coal-land laws of the United Coal- land en States, who shall have opened or improved a coal mine or coal mines on any of the unsurveyed public lands of the United States in the district of Alaska, may locate the lands upon which such mine or mines are situated, in rectangular tracts containing forty, eighty, or one hundred and sixty acres, with north and south boundary lines run according to the true meridian, by marking the four corners thereof with permanent monuments, so that the boundaries thereof may be readily and easily traced. And all such locators shall, within one year from the passage of this act, or within one year from making such location, file for record in the recording district, and with the register and receiver of the land Filing notice. 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.s SEC. 2. That such locator or locators, or their assigns, who are citizens of the United States, shall receive a pat- Patents. ent to the lands located by presenting, at any time within three years from the date of such notice, to the register and receiver of the land district in which the lands so lo- Application to cated are situated an application there for, accompanied three years. by a certified copy of a plat of survey and field notes thereof, made by a United States deputy surveyor or a United States mineral surveyor duly approved by the surveyor-general for the district of Alaska, and a payment of the sum of ten dollars per acre for the lands applied for; but no such application shall be allowed until

Amended by the act of Apr. 28, 1904. For homestead entries on coal,
oil, etc., lands, see the act of Mar. 8, 1922, under "Homesteads in
Alaska.
For consolidation of claims, see act of May 28, 1908.

be made within

Price per acre.

Notice to be published.

posted on claim.

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 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 Notice to be of survey, to have been kept posted in a conspicuous place upon the land applied 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 Shores of navi- is required by the coal-land laws: Provided, That nothing herein contained shall be so construed as to authorize entries to be made or title to be acquired to the shore of any navigable waters within said district."

gable waters.

Adverse claims.

SEC. 3. That during such period of posting and publication, 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 Proceedings. such application is pending, under oath, an adverse 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.

Continuance of existing laws.

Development of

Alaska.

SEO. 4. That all the provisions of the coal-land laws 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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemcoal deposits in bled, 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 sixclaims permitted. teenth, nineteen hundred and seven, may consolidate their said claims or locations by including in a single claim, location, or purchase not to exceed two thousand five hunLimit of acre- dred and sixty acres of contiguous lands, not exceeding in length twice the width of the tract thus consolidated,

Consolidation of

age.

See the act of June 5, 1920.

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.

Restriction.

to purchase prod

SEC. 2. That the United States shall, at all times, have Preference right the preference right to purchase so much of the product uct for Army and of any mine or mines opened upon the lands sold under Navy. the provisions of this Act as may be necessary for the use of the Army and Navy, and at such reasonable and remunerative price as may be fixed by the President; but Price fixed by the producers of any coal so purchased who may be dis- the President. satisfied 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.

Litigation.

SEC. 3. That if any of the lands or deposits purchased Unlawful trust under the provisions of this Act shall be owned, leased, forbidden. 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 shall Forfeiture. 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 Patents. expressly recite the terms and conditions prescribed in sections two and three hereof.

Approved. May 28, 1908 (35 Stat, 424).

An Act To provide for the leasing of coal lands in the Territory of
Alaska, and for other purposes.

coal

Surveys di

Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled, That the Secretary of the Interior be, and hereby Alaska is, authorized and directed to survey the lands of the lands. United States in the Territory of Alaska known to be rected. 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 ex

Preferences.

isting or proposed rail or water transportation lines: Provided, That such surveys shall be executed in accordExecution un ance with existing laws and rules and regulations governder existing laws. ing the survey of public lands. There is hereby approAppropriation. priated, out of any money in the Treasury not otherwise

Use of prior surveys.

Lands reserved from disposal.

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 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 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 Mining of re- Alaska: Provided, That the coal deposits in such reserved areas may be mined under the direction of the President 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.

served areas. Conditions.

Subdivision of unreserved lands

blocks.

ized.

SEC. 3. That the unreserved coal lands and coal deinto leasing posits shall be divided by the Secretary of the Interior 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 Leases author 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 such persons, or to any corporation or municipality organized under the laws of the United States or of any Citizenship re- 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: And provided Holdings by further, That no railroad or common carrier shall be permon carriers lim- mitted to take or acquire through lease or permit under this Act any coal or coal lands in excess of such area of 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

quirements.

railroads or com

ited.

of claims under

hereunder: And provided further, That any person, asso- Relinquishment ciation, or corporation qualified to become a lessee under land laws. this act and owning any pending claim under the publicland 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 Return of mon paid over to such person, association, or corporation as a consideration for such relinquishment.

eys paid therefor.

of all

pending

All claims of existing rights to any of such lands in Determination which final proof has been submitted and which are now claims. 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.10

Leasing of addi

SEC. 4. That a person, association, or corporation tional contiguous holding a lease of coal lands under this Act may, with the lands. 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.

mitted when de

That upon satisfactory showing by any lessee to the New leases perSecretary of the Interior that all of the workable deposits posits exhausted. 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 consolidation of the Interior, lessees holding under leases small blocks of small holdings. 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 land.

leasing tracts.

SEC. 6. That each lease shall be for such leasing block Application for 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

10 Amended by the act of Mar. 4, 1921.

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