* Act of December 22, 1928 (P.L. 70-645, Ch. 47, 45 Stat. 1069,
as amended; 43 U.S.C. 1068, 1068a, 1068b)
Lands Held in Adverse Posses-sion; Issuance of Patent; Reserva-tion
of Minerals; Conflicting Claims
Sec. 1. The Secretary of the Interior (a) shall, whenever
it shall be shown to his satisfaction that a tract of public land
has been held in good faith and in peaceful, adverse possession
by a claimant, his ances-tors or grantors, under claim or color
of title for more than twenty years, and that valuable improvements
have been placed on such land or some part thereof has been reduced
to cultiva-tion, or (b) may, in his discretion, whenever it shall
be shown to his satisfaction that a tract of public land has been
held in good faith and in peaceful, adverse possession by a claimant,
his ances-tors or grantors, under claim or color of title for
the period com-mencing not later than January 1, 1901, to the
date of application during which time they have paid taxes levied
on the land by State and local Governmental units, issue a patent
for not to exceed one hundred and sixty acres of such land upon
payment of not less than $1.25 per acre: Provided, That where
the area so held is in excess of one hundred and sixty acres the
Secre-tary may determine what particular subdivisions, not exceeding
one hundred and sixty acres, may be patented hereunder: Provided
further, That coal and all other minerals contained therein are
here-by reserved to the United States; that said coal and other
minerals shall be subject to sale or disposal by the United States
under applica-ble leasing and mineral land laws, and permittees,
lessees, or grantees of the United States shall have the right
to enter upon said lands for the purpose of prospecting for and
mining such deposits: And provided further, That no patent shall
issue under the provisions of this chapter for any tract to which
there is a conflicting claim adverse to that of the applicant,
unless and until such claim shall have been finally adjudi-cated
in favor of such applicant. (43 U.S.C. 1068)
Appraisal
Sec. 2. Upon filing of an appli-cation to purchase any
lands subject to the operation of this Act, together with the
required proof, the Secre-tary of the Interior shall cause the
lands described in said application to be appraised, said appraisal
to be on the basis of the value of such lands at the date of appraisal,
exclu-sive of any increased value resulting from the development
or improvement of the lands by the applicant or his predecessors
in interest, and in such appraisal, the Secretary shall consid-er
and give full effect to the equities of any applicant. (43 U.S.C.
1068a)
Mineral Reservation
Sec. 3. If the claimant requests that the patent to be
issued under this Act not contain a mineral reservation and if
he can establish to the satisfaction of the Secretary that the
requirements of this Act have been complied with by such claimant
and his predecessors for the period com-mencing not later than
January 1, 1901, to the date of application, no mineral reservation
shall be made unless the lands are, at the time of issuance of
the patent, within a mineral withdrawal or subject to an outstanding
mineral lease. (43 U.S.C. 1068b)