§ 142. Rights of occupants or claimants of oil- or gas-bearing lands; exceptions to withdrawals

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1910

   Pub. L. 61–421 § 2 · 39 Stat. 847

   Enacted · 43 U.S.C. § 142

   June 25, 1910, ch. 421, § 2, 36 Stat. 847

   Source evidence

   Code source credit
   June 25, 1910, ch. 421, § 2, 36 Stat. 847

   Enacted provision · exact public law section
   Sec. 2. That all lands withdrawn under the provisions of this Act Mining rights continued. shall at all times be open to exploration, discovery, occupation, and purchase, under the mining laws of the United States, so far as the Exceptions. same apply to minerals other than coal, oil, gas, and phosphates: Provided, Provisos. Rights of bona fide oil or gas claimants. That the rights of any person who, at the date of any order of withdrawal heretofore or hereafter made, is a bona fide occupant or claimant of oil or gas bearing lands, and who, at such date, is in diligent prosecution of work leading to discovery of oil or gas, shall not be affected or impaired by such order, so long as such occupant or claimant shall continue in diligent prosecution of said work: And provided further, Status of prior claims. That this Act shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of such lands Homestead, etc., settlements excepted. made prior to the passage of this Act: And provided further, That there shall be excepted from the force and effect of any withdrawal made under the provisions of this Act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law: but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made: Restriction on new forest reserves. And provided farther, That hereafter no forest reserve shall be created nor shall any additions be made to one heretofore created within the limits of the States of Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress.

2. 1976

   Pub. L. 94–579 title VII § 704(a) · 90 Stat. 2743

   Struck · 43 U.S.C. § 142

   Pub. L. 94–579 struck out provisions that all lands withdrawn under the act of June 25, 1910, be open to exploration, occupation, and purchase under the mineral laws of the United States in respect to minerals other than coal, oil, gas, and phosphates and that no national forest be created or additions thereto made to those created before Aug. 24, 1912, in Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress

   Source evidence

   Code amendment note
   Pub. L. 94–579 struck out provisions that all lands withdrawn under the act of June 25, 1910, be open to exploration, occupation, and purchase under the mineral laws of the United States in respect to minerals other than coal, oil, gas, and phosphates and that no national forest be created or additions thereto made to those created before Aug. 24, 1912, in Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress.

   Enacted provision · exact public law section
   (a) Effective on and after the date of approval of this Act, the implied authority of the President to make withdrawals and reservations resulting from acquiescence of the Congress (U.S. v. Midwest Oil Co., 236 U.S. 459) and the following statutes and parts of statutes are repealed; Act of Chapter Section Statute at Large 43 U.S. Code           Oct. 2, 1888 1069   25: 527 662. Only the following portion under the section beaded U.S. Geological Survey: The last sentence of the paragraph relating to investigation of irrigable lands in the arid region, including the proviso at the end thereof. Mar. 3, 1891 561 24 26:1103 16 U.S.C. 471. Mar. 1, 1893 183 21 27: 510 33 U.S.C. 681. Aug. 18, 1894   4 28: 422 641. Only that portion of the first sentence of the second paragraph beginning with “and the Secretary’ of the Interior” and ending with “shall not be approved.” May 14, 1898 299 10 30: 413 687a–4. Only the fifth proviso of the first paragraph.       June 17, 1902 1093 3 32: 388 416.   Apr. 16, 1906 1631 1 34:116 561. Only the words “withdraw from public entry any lands needed for townsite purposes”, and also after the word “case”, the word “and”. June 27, 1906 3559 4 34: 520 561. Only the words “withdraw and”         Mar. 15, 1910 96   36: 237 643. June 25, 1910 421 1, 2 36: 847 141, 142, 16 U.S.C. 471(a). All except the second and third provisos. June 25, 1910 431 13 36: 858 148. Mar. 12, 1914 37 1 38:305 975b. Only that portion which authorizes the President to withdraw, locate, and dispose of lands for townsites. Oct. 5, 1914 316   38: 727 569(a), June 9, 1916 137 2 39: 219   Under “Class One, only the wards “withdrawal and. Dec. 29, 1916. 9 10 39: 865 300. June 7, 1924 348 9 43:655 16 U.S.C. 471, Aug. 19, 1935 561 Sec. 4 49: 661 22 U.S.C. 277c. In “Sec. 4”. only paragraph “c” except the proviso thereof. Mar. 3, 1927 299 4 44:1347 25 U.S.C. 3BM. Only the proviso thereof.         May 24, 1928 729 4 45: 729 49 U.S.C. 214, Dec. 21, 1928 42 9 45: 1063 617h. Mar. 6, 1946 58   69: 36 617b. First sentence only.         June 16, 1934 557 “Sec. 40(a)” 48: 977. 30 U.S.C. 229a. The proviso only.         May 1, 1936 254 2 49:1250   May 31, 1938 304   52:593 25 U.S.C. 497. July 20, 1939 334   53:1071 16 U.S.C. 471b. May 28, 1940 220 1 54: 224. 16 U.S.C. 552a. All except the second proviso.         Apr. 11, 1956 203 8 70:110 620g. Only the words “and to withdraw public lands from entry or other disposition under the public land laws.” Aug. 10, 1956 Chapter 949 9772 70A: 588 10 U.S.C. 4472, 9772, Aug. 16, 1952 P.L. 87–590 4 76: 389 616c. Only the words “and to withdraw public lands from entry or other disposition under the public land laws.”

   Effective date note
   Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the amendment made by section 704(a) is effective on and after Oct. 21, 1976.

2 of 2 references resolved to an enrolled provision