miners, showing that the land is in fact not coal in character, together with a request that the same be reclassified, and that in the event of failure to furnish said evidence within the time specified, the application will be rejected. Such applications will be given proper serial numbers, and notation thereof made upon the records, and, when accompanied by the necessary evidence, they will be forwarded to the General Land Office for action, where, if upon the showing made, and such other inquiry as may be deemed proper, the land is classified as agricultural land, the nonmineral application, in the absence of other objections, will be returned for allowance. If reclassification be denied, the applicant may, within thirty days from receipt of notice, apply for a hearing, at which he may be afforded an opportunity for showing that the classification is improper, in which event he must assume the burden of proof. If he should fail to apply for a hearing within the time allowed, his application to enter or file will be finally rejected. 2. Nonmineral applications for lands temporarily withdrawn from all entry, where such temporary withdrawal is based upon data in possession of the Department, showing that the lands withdrawn are valuable for coal, may be treated in like manner as nonmineral applications for lands actually classified. However, in such cases, as the lands are withdrawn pending classification, it is possible that the particular tract applied for by the agricultural claimant may not be classified as coal land, and in that event, of course, no hearing will be necessary, and in such cases, therefore, the agricultural applicant may, at his election, tender his application unaccompanied by the evidence specified in paragraph 1, and have the same suspended to await the result of its classification. If the land applied for is classified as coal land, the agricultural claimant will then be allowed. to proceed as provided in paragraph 1 hereof, and should he then be unable to show that the land is not in fact coal in character, his nonmineral application or filing will be rejected, and in such case the right of election mentioned in the act of March 3, 1909 (35 Stat., 844), for the protection of the surface rights of entrymen, will not be allowed. 3. Lands noted on your records merely as "withdrawn " coal lands may be entered under the agricultural laws as provided by the last sentence of paragraph 2 of the circular of April 24, 1907 (35 L. D., 681). The instructions of April 24, 1907, supra, are modified accordingly. Very respectfully, Approved: R. A. BALLINGER, S. V. PROUDFIT, Acting Commissioner. Secretary. COAL LANDS-SURFACE RIGHTS OF ENTRYMEN—ACT OF MARCH 3, 1909. GENTLEMEN: The circular approved March 25, 1909 (37 L. D., 528), of instructions, under the act of Congress of March 3, 1909 (35 Stat., 844), for the protection of surface rights of entrymen, is amended to read as follows: THE PURPOSE OF THE ACT. 1. The main purpose of the act is to protect persons who, in good faith, have located, selected, or entered, under nonmineral laws, public lands which are, after such location, selection, or entry, classified, claimed, or reported as being valuable for coal by providing a means whereby such persons may, at their election, retain the lands located, selected, or entered, subject to the right of the Government to the coal therein. It applies alike to locations, selections, and entries made prior to its passage and those made subsequently thereto. The act also provides for the disposal, under the existing coal-land laws, of the coal contained in such lands. ELECTION. 2. All persons who, in good faith, locate, select, or enter, under the nonmineral laws, lands which are, subsequently to the date of such location, selection, or entry, classified, claimed, or reported as being valuable for coal, may elect, upon making satisfactory proof of compliance with the laws under which they claim, to receive patents upon their location, selection, or entry, as the case may be, such patents to contain a reservation to the United States of all coal in the lands and the right of the United States, or any one authorized by it, to prospect for, mine, and remove the coal in accordance with the conditions and limitations imposed by the act; or may decline to elect to receive patent with such reservation, in which event proceedings shall be had as hereinafter indicated. LANDS CLASSIFIED, CLAIMED, OR REPORTED AS COAL LANDS. 3. Upon receipt of these instructions, registers and receivers will promptly advise, by registered mail, each nonmineral claimant to land, which, subsequent to location, selection, or entry, has been classified, claimed, or reported as being valuable for coal, that at the time of applying for notice of intention to submit final proof he must, in writing, state whether he elects to receive a patent containing the reservation prescribed by the act. In the event of election to receive such a patent, no further inquiry will be necessary respecting the coal character of the land. In the event the claimant declines to elect to receive such patent, evidence will be received at the time of making final proof for the purpose of determining whether the lands are chiefly valuable for coal; and the entryman, locator, or selector will be entitled to a patent without reservation unless at the time of hearing on final proof it shall be shown that the land is chiefly valuable for coal. The claimant may, after determination at final proof that the lands are chiefly valuable for coal, elect to receive patent with the statutory reservation, provided, of course, proof of compliance with the law in other respects is satisfactory. NOTICE TO CHIEF OF FIELD DIVISION. 4. Where the nonmineral claimant indicates his intention to contest the alleged coal character of the land involved, the chief of the appropriate field division must be advised sufficiently in advance of the date fixed for the taking of the final proof to enable him to be prepared to represent the Government at the time such final proof is made. ACTION OF THE REGISTER AND RECEIVER. 5. In every case where there is controversy as to the coal character of the land, and evidence is offered thereon, the register and receiver will forward the testimony and other papers to the Commissioner of the General Land Office, with appropriate recommendation, notice of which should be given the claimant. WHERE FINAL PROOF HAS ALREADY BEEN SUBMITTED. 6. Where satisfactory final proof has heretofore been made for lands entered under the nonmineral laws, the claimant will be entitled to a patent without reservation, except in those cases where the Government is in possession of sufficient evidence to justify the belief that the land is, and was before making final proof, known to be chiefly valuable for coal, in which case hearing will be ordered. If, at said hearing, it is proven that the land is chiefly valuable for coal, and that the claimant knew that fact at the time of making final proof, the entry shall be canceled, unless the claimant shall prove that he was at the time of the initiation of his claim in good faith endeavoring to secure the land under the nonmineral laws, and not because of its coal character, in which event he shall be permitted to elect to receive patent with the reservations prescribed in the statute. If it is not shown that the land is chiefly valuable for coal, the claimant shall be entitled to patent without reservation. DISPOSAL OF THE COAL DEPOSITS. 7. Where election to accept patent with the prescribed reservation has been made by the nonmineral claimant, coal deposits in the land may be prospected for, mined, and removed under the existing coalland laws, provided the person desiring so to do first procures the consent of the surface owner, or furnishes such security for payment of all damages to such owner caused thereby as may be determined by a court of competent jurisdiction. But no coal declaratory statement or application to purchase under sections 2347-2352 of the Revised Statutes, and the regulations of this office, will be received until the nonmineral claimant, upon the making of satisfactory proof, has elected to take a patent containing the prescribed reservation, and not then unless such coal declaratory statement or application to purchase is accompanied by the consent of the surface owner, or evidence showing that security has been given as prescribed by the act. Appeals shall be allowed in all proceedings brought hereunder as in other cases. CERTIFICATES AND PATENTS. 8. Coal declaratory statements, certificates, and patents issued under the provisions of this act will describe the land by legal subdivisions as under the general coal-land laws, and payment will be made at the price fixed for the whole area, but appropriate conditions. and limitations will be incorporated in the patent fully defining the interests and rights of the respective parties. To this end you will note on each coal receipt and certificate issued by you, in pursuance thereof, the words "Patent will contain conditions and limitations of the act of March 3, 1909 (35 Stat., 844)." Very respectfully, Approved: R. A. BALLINGER, Secretary. S. V. PROUDFIT, Acting Commissioner. Form Approved by the First Assistant Secretary, September 20, 1909. DEPARTMENT OF THE INTERIOR. NOTICE OF RIGHT OF ELECTION IN CASES WHERE FINAL PROOF HAS NOT BEEN SUBMITTED. U. S. Land Office [Act March 3, 1909.] No. 19-. SIR: Your attention is directed to the provisions of the act of March 3, 1909, printed on the back hereof, and you are hereby notified that subsequently to your Inade [insert kind of entry, location, or selection] No. 19-, for section township, range meridian, said tract was classified, claimed, or reported as being valuable for coal; also that at the time of applying for notice to submit final proof you must state in writing whether you elect to receive a patent which shall contain a reservation to the United States of all coal in said land, and the right of the United States, or any person or persons authorized by it, to prospect for, mine, and remove coal from the same, in accordance with the conditions and limitations imposed by said act. Should you elect to receive such patent, no further inquiry will be made respecting the coal character of the land, and patent will issue, with the statutory reservation, provided satisfactory proof of your good faith and of compliance on your part with provisions of the law under which you claim be submitted. In the event you decline to elect to receive such patent, evidence will be received at the time of making final proof with a view to determining whether the land is chiefly valuable for coal, and, the proof being in other respects regular and satisfactory, you will be entitled to receive patent without reservation unless at the time of the hearing on final proof it shall be shown that the land is chiefly valuable for coal. Respectfully, Register. Receiver. ELECTION TO RECEIVE PATENT UPON NONMINERAL CLAIM EXCLUSIVE OF ANY DEPOSITS OF COAL IN THE LAND. hereby elect, upon submission of satisfactory proof of compliance with law under which my claim was initiated, to receive patent for the lands, which patent shall reserve to the United States all of the coal in said lands, with the right of the United States, or any person authorized by it, to prospect for, mine, and remove the coal from same in accordance with the conditions and limitations of the act of March 3, 1909 (35 Stat., 844). In accordance with above election, I hereby authorize the proper officer or officers of the United States, upon submission of satisfactory final proof upon my location, selection, or entry, to issue final certificate or other paper as basis for patent, containing the reservation of the coal hereinbefore described, and to issue patent in accordance therewith. I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me personally known (or has been satisfactorily identified before me by [give full name and post-office address]); and that said affidavit was duly subscribed and sworn to before me at my office in this day of 19-. (Official designation of officer.) NOTE 1.-This affidavit of election may be executed before any officer authorized to administer oaths and possessed of a seal. NOTE 2. The attention of parties in interest is directed to the provisions of the act of March 3, 1909, copy of which is printed below. |