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upon the lands sold under the provisions of this act as may be necessary for the use of the Army and Navy, and at such reasonable and remunerative price as may be fixed by the President; but the producers of any coal so purchased who may be dissatisfied with the price thus fixed shall have the right to prosecute suits against the United States in the Court of Claims for the recovery of any additional sum or sums they may claim as justly due upon such purchase.

SEC. 199. If any of the lands or deposits purchased under the provisions of this act shall be owned, leased, trusteed, possessed, or controlled by any device permanently, temporarily, directly, indirectly, tacitly, or in any manner whatsoever so that they form part of, or in any way effect any combination, or are in any wise controlled by any combination in the form of an unlawful trust, or form the subject of any contract or conspiracy in restraint of trade in the mining or selling of coal, or of any holding of such lands by any individual, partnership, association, corporation, mortgage, stock ownership, or control, in excess of 2,560 acres in the District of Alaska, the title thereto shall be forfeited to the United States by proceedings instituted_by the Attorney General of the United States in the courts for that purpose.

SEC. 200. Every patent issued under this act shall expressly recite the terms and conditions prescribed in sections 198 and 199 hereof.

Sections 197, 198, 199 and 200, inclusive, are sections 1, 2, 3, 4, of the Act of May 28, 1908, 35 Stat. 424. See sections 187, p. 885, and 214, p. 898.

A. ALASKA COAL DEPOSITS.

1. CONSTRUCTION AND APPLICATION OF ACT.
2. DEVELOPMENT AND RELIEF PURPOSE OF ACT.
3. CONSOLIDATION OF COAL CLAIMS-WHEN PERMITTED.
4. AGREEMENT TO CONSOLIDATE CLAIMS ILLEGAL.

1. CONSTRUCTION AND APPLICATION OF ACT.

This act must be construed in pari materia with the other coal mining statutes and they are all susceptible of a construction which will make all their provisions harmonious, and they are meant to operate together consistently with the evident intent of Congress.

United States v. Doughten, 186 Fed. 226, p. 232.

This act is remedial and curative in its nature and should be construed liberally so as to afford all the relief which the language of the act indicates that Congress intended to grant.

Alaskan Coal Lands, In re, 27 Op. Atty. Genl. 412, p. 419.

While this act can have no retroactive effect and can not render criminal acts which were innocent at the time of their commission, yet it may nevertheless be looked to for the purpose of ascertaining the legislative intent.

United States v. Doughten, 186 Fed. 226, p. 232.

It was said to be the object of this act to enable coal locators in Alaska to consolidate their holdings in such manner as to make possible the development of the coal fields in that region.

Alaskan Coal Lands, In re, 27 Op. Atty. Genl. 412, p. 418.

2. DEVELOPMENT AND RELIEF PURPOSE OF ACT.

This act, sections 197 to 200, clearly recognizes that the restrictions and limitations applicable to the United States then obtained in Alaska, and the object of this act was to grant relief and provide a means by which these claims could be consolidated and titles thereto acquired by the locators; and that Congress did not intend to depart from its policy is shown by the antimonopoly provisions of section 3 of this act.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 227.

3. CONSOLIDATION OF COAL CLAIMS- -WHEN PERMITTED.

By this act all persons who have in good faith made locations of coal lands in Alaska in their own interest prior to November 16, 1906, may consolidate their claims or locations into a single claim not exceeding 2,560 acres, and the benefit of this act can be shared only by persons who made coal land locations in good faith and in their own interest prior to that date.

Alaskan Coal Lands, In re, 27 Op., Atty. Genl. 412, p. 417.

Coal locations in Alaska, made in good faith and in the interest of the locators alone, may lawfully pass to entry and patent, where the locators have, after making their locations, entered into an agreement to consolidate their claims.

Alaskan Coal Lands, In re, 27 Op. Atty. Genl. 412, p. 419.

4. AGREEMENT TO CONSOLIDATE CLAIMS ILLEGAL.

Under this act a verbal agreement entered into between two or more entrymen prior to a coal location, to the effect that upon the issuance of patent the entries were to be consolidated and mined at the equal joint expense of each claimant, was unauthorized, and that such claims were not validated or the locations confirmed by the provisions of this act.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 227.

Coal entries can not be completed and patents issued under this act upon locations made prior to November 12, 1906, where there was an existing agreement to transfer the entry to a single corporation and the entryman to accept stock in such corporation in payment for the land, or where there was a contract conveying the land to a corporation in which the entryman had or expected to receive stock in payment of such lands; or where such entries were made under an agreement to convey to a corporation offering to make cash entry under the statute, by consolidating all claims or locations so made, for the reason that under existing laws only one entry by the same person or association of persons is authorized.

Alaskan Coal Lands, In re, 27 Op. Atty. Genl. 412, p. 415.

See United States v. Trinidad Coal Co., 137 U. S. 160; United States v. Keitel, 211 U. S. 370, p. 387.

Section 201 is 35 Stat. 844, with coal sections 2347-2352 R. S., p. 812.

Section 202 is section 6 of the act of July 1, 1902, 32 Stat. 631, amending the act of March 3, 1891, 26 Stat. 1094, and is with sections 2347-2352 R. S. coal lands, p. 806.

Section 203 is a part of 36 Stat. 703, p. 742, with Bureau of Mines, p. 921.

38 STAT. 741, OCTOBER 20, 1914 (PUBLIC-NO. 216–63d CONGRESS).

LEASING OF COAL LANDS.

AN ACT To provide for the leasing of coal lands in the Territory of Alaska, and for other purposes.

Be it enacted, etc., That the Secretary of the Interior be, and hereby is, authorized and directed to survey the lands of the United

States in the Territory of Alaska known to be valuable for their deposits of coal, preference to be given first in favor of surveying lands within those areas commonly known as the Bering River, Matanuska, and Nenana coal fields, and thereafter to such areas or coal fields as lie tributary to established settlements or existing or proposed rail or water transportation lines: Provided, That such surveys shall be executed in accordance with existing laws and rules and regulations governing the survey of public lands. There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $100,000 for the purpose of making the surveys herein provided for, to continue available until expended: Provided, That any surveys heretofore made under the authority or by the approval of the Department of the Interior may be adopted and used for the purposes of this act.

SEC. 2. That the President of the United States shall designate and reserve from use, location, sale, lease, or disposition not exceeding 5,120 acres of coal-bearing land in the Bering River field and not exceeding 7,680 acres of coal-bearing land in the Matanuska field, and not to exceed one-half of the other coal lands in Alaska: Provided, That the coal deposits in such reserved areas may be mined under the direction of the President, when, in his opinion, the mining of such coal in such reserved areas, under the direction of the President, becomes necessary, by reason of an insufficient supply of coal at a reasonable price for the requirements of Government works, construction and operation of Government railroads, for the Navy, for national protection, or for relief from monopoly or oppressive conditions.

SEC. 3. That the unreserved coal lands and coal deposits shall be divided by the Secretary of the Interior into leasing blocks or tracts of 40 acres each, or multiples thereof, and in such form as in the opinion of the Secretary will permit the most economical mining of the coal in such blocks, but in no case exceeding 2,560 acres in any one leasing block or tract; and thereafter the Secretary shall offer such blocks or tracts and the coal, lignite, and associated minerals therein for leasing, and may award leases thereof through advertisement, competitive bidding, or such other methods as he may by general regulations adopt, to any person above the age of 21 years who is a citizen of the United States, or to any association of such persons, or to any corporation or municipality organized under the laws of the United States or of any State or Territory thereof: Provided, That a majority of the stock of such corporation shall at all times be owned and held by citizens of the United States: And provided further, That no railroad or common carrier shall be permitted to take or acquire through lease or permit under this act any coal or coal lands in excess of such area or quantity as may be required and used solely for its own use, and such limitation of use shall be expressed in all leases or permits issued to railroads or common carriers hereunder: And provided further, That any person, association, or corporation qualified to become a lessee under this act and owning any pending claim under the public-land laws to any coal lands in Alaska may, within one year from the passage of this act, enter into an arrangement with the Secretary of the Interior by which such claim shall be fully relinquished to the United States; and if in the judgment of the Secretary of the Interior, the circumstances connected

with such claim justify so doing, the moneys paid by the claimant or claimants to the United States on account of such claim shall, by direction of the Secretary of the Interior, be returned and paid over to such person, association, or corporation as a consideration for such relinquishment.

All claims of existing rights to any of such lands in which final proof has been submitted and which are now pending before the Commissioner of the General Land Office or the Secretary of the Interior for decision shall be adjudicated within one year from the passage of this act.

SEC. 4. That a person, association, or corporation holding a lease of coal lands under this act may, with the approval of the Secretary of the Interior and through the same procedure and upon the same terms and conditions as in the case of an original lease under this act, secure a further or new lease covering additional lands contiguous to those embraced in the original lease, but in no event shall the total area embraced in such original and new leases exceed in the aggregate 2,560 acres.

That upon satisfactory showing by any lessee to the Secretary of the Inierior that all of the workable deposits of coal within a tract covered by his or its lease will be exhausted, worked out, or removed within three years thereafter, the Secretary of the Interior may, within his discretion, lease to such lessee an additional tract of land or coal deposits, which, including the coal area remaining in the original lease, shall not exceed 2,560 acres, through the same procedure and under the same competitive conditions as in case of an original lease.

SEC. 5. That, subject to the approval of the Secretary of the Interior, lessees holding under leases small blocks or areas may consolidate their said leases or holdings so as to include in a single holding not to exceed 2,560 acres of contiguous lands.

SEC. 6. That each lease shall be for such leasing block or tract of land as may be offered or applied for, not exceeding in area 2,560 acres of land, to be described by the subdivisions of the survey, and no person, association, or corporation, except as hereinafter provided, shall be permitted to take or hold any interest as a stockholder or otherwise in more than one such lease under this act, and any interest held in violation of this proviso shall be forfeited to the United States by appropriate proceedings instituted by the Attorney General for that purpose in any court of competent jurisdiction, except that any such ownership and interest hereby forbidden which may be acquired by descent, will, judgment, or decree may be held for two years, and not longer, after its acquisition.

SEC. 7. That any person who shall purchase, acquire, or hold any interest in two or more such leases, except as herein provided, or who shall knowingly purchase, acquire, or hold any stock in a corporation having an interest in two or more such leases, or who shall knowingly sell or transfer to one disqualified to purchase, or except as in this act specifically provided, disqualified to acquire, any such interest, shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment for not more than three years and by a fine not exceeding $1,000: Provided, That any such ownership and interest hereby forbidden which may be acquired by descent, will, judgment, or decree may be held two years after its acquisition and not

longer, and in case of minority or other disability such time as the court may decree.

SEC. 8. That any director, trustee, officer, or agent of any corporation holding any interest in such a lease who shall, on behalf of such corporation, act in the purchase of any interest in another lease, or who shall knowingly act on behalf of such corporation in the sale or transfer of any such interest in any lease held by such corporation to any corporation or individual holding any interest in any such a lease, except as herein provided, shall be guilty of a felony and shall be subject to imprisonment for a term of not exceeding three years and a fine of not exceeding $1,000.

SEC. 8a. If any of the lands or deposits leased under the provisions of this act shall be subleased, trusteed, possessed, or controlled by any device permanently, temporarily, directly, indirectly, tacitly, or in any manner whatsoever, so that they form part of or are in anywise controlled by any combination in the form of an unlawful trust, with consent of lessee, or form the subject of any contract or conspiracy in restraint of trade in the mining or selling of coal, entered into by the lessee, or of any holding of such lands by any individual, partnership, association, corporation, or control, in excess of 2,560 acres in the Territory of Alaska, the lease thereof shall be forfeited by appropriate court proceedings.

SEC. 9. That for the privilege of mining and extracting and disposing of the coal in the lands covered by his lease the lessee shall pay to the United States such royalties as may be specified in the lease, which shall not be less than 2 cents per ton, due and payable at the end of each month succeeding that of the shipment of the coal from the mine, and an annual rental, payable at the beginning of each year, on the lands covered by such lease, at the rate of 25 cents per acre for the first year thereafter, 50 cents per acre for the second, third, fourth, and fifth years, and $1 per acre for each and every year thereafter during the continuance of the lease, except that such rental for any year shall be credited against the royalties as they accrue for that year. Leases may be for periods of not more than 50 years each, subject to renewal, on such terms and conditions as may be authorized by law at the time of such renewal. All net profits from operation of Government mines, and all royalties and rentals under leases as herein provided, shall be deposited in the Treasury of the United States in a separate and distinct fund to be applied to the reimbursement of the Government of the United States on account of any expenditures made in the construction of railroads in Alaska, and the excess shall be deposited in the fund known as The Alaska Fund, established by the act of Congress of January 27, 1905, to be expended as provided in said last-mentioned.

act.

SEC. 10. That in order to provide for the supply of strictly local and domestic needs for fuel the Secretary of the Interior may, under such rules and regulations as he may prescribe in advance, issue to any applicant qualified under section 3 of this act a limited license or permit granting the right to prospect for, mine, and dispose of coal belonging to the United States on specified tracts not to exceed 10 acres to any one person or association of persons in any one coal field for a period of not exceeding 10 years, on such conditions not inconsistent with this act as in his opinion will safeguard the public

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