Chapter 270. For the protection of the surface rights of entrymen
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CHAP. 270.— An Act For the protection of the surface rights of entrymen. March 3, 1909.[[H. R. 24834](/us/bill/70/hr/24834).][[Public, No. 323](/us/pl/70/323).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That any person who hasPublic lands.Confirmation of entries on lands erroneously deemed nonmineral. in good faith located, selected, or entered under the nonmineral land laws of 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 satisfactory proof of compliance with the laws under which such lands are claimed, receive a patent therefor, which shallPreservation of coal rights to United States.Disposal under coalland laws. 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 accordance with, the provisions of the coal-land laws in force at the time of such disposal, but no person shall enter uponRight of owner of surface. said lands to prospect for, or mine and remove coal therefrom, without previous consent of the 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*Provisos.*Domestic use of coal. the right to mine 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 orRights of entryman. abridge the right of any locator, selector, 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. 845 Approved, March 3, 1909.