Chapter 367. To provide for agricultural entries on oil and gas lands
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/statutes-at-large/vol-37/chapter-367-2178922·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 367.— An Act To provide for agricultural entries on oil and gas lands.August 24, 1912.[[S. 3045](/us/bill/62/s/3045).][[Public, No. 314](/us/pl/62/314).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Public lands.Classified oil and gas lands open to entry of surface. That from and after the pas-sage of this Act unreserved public lands of the United States in the State of Utah, which have been withdrawn or classified as oil lands, or are valuable for oil, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert-land law, to selection by the State of Utah under grants made by Congress and under Vol. 28, p. 422.section four of the Act approved August eighteenth, eighteen hundred and ninety-four, known as the Carey Act, and to withdrawal under the Vol. 82, p. 388.Act approved June seventeenth, nineteen hundred and two, known as the reclamation Act, and to disposition in the discretion of the Secretary of the Interior under the law providing for the sale of isolated or disconnected tracts of public lands, whenever such entry, selection, or withdrawal shall be made with a view of obtaining or passing title, with a reservation to the United States of the oil and gas in such lands Limit to desert entries.and of the right to prospect for, mine, and remove the same.
But no desert entry made under the provisions of this Act shall contain more *Proviso*.Incomplete entries may he perfected, etc.than one Hundred and sixty acres: *Provided*, That those who have initiated nonmineral entries, selections, or locations in good faith, prior to the passage of this Act, on lands withdrawn or classified as oil lands, may perfect the same under the provisions of the laws under which said entries were made, but shall receive the limited patent provided for in this Act.
Sec. 2.Applications to recognize reservation of oil or gas.That any person desiring to make entry under the home-stead laws or the desert-land law, and the State of Utah desiring to make selection under section four of the Act of August eighteenth, eighteen hundred and ninety-four, known as the Carey Act, or under grants made by Congress, and the Secretary of the Interior in with-drawing under the reclamation Act lands classified as oil lands, or valuable for oil, with a view of securing or passing title to the same in accordance with the provisions of said Acts, shall state in the application for entry, selection, or notice of withdrawal that the same is made in accordance with and subject to the provisions and reservations of this Act.
Sec. 3.Patent to certain reservation of oil or gas rights. That upon satisfactory proof of full compliance with the provisions of the laws under which entry is made and of this Act the entryman shall be entitled to a patent to the land entered by him, which patent shall contain a reservation to the United States of all the oil and gas in the lands so patented, together with the right to prospect for, mine, and remove the same upon rendering compensation to the patentee for all damages that may be caused by prospecting for and removing such oil or gas.
The reserved oil and gas deposits in such lands shall be disposed of only as shall he hereafter expressly directed by law. Approved, August 24, 1912.