[USC02] 43 USC CHAPTER 7, SUBCHAPTER VIII: ALASKA HOMESTEADS
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43 USC CHAPTER 7, SUBCHAPTER VIII: ALASKA HOMESTEADS
From Title 43—PUBLIC LANDSCHAPTER 7—HOMESTEADS

SUBCHAPTER VIII—ALASKA HOMESTEADS

§270. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section, acts May 14, 1898, ch. 299, §1, 30 Stat. 409; Mar. 3, 1903, ch. 1002, 32 Stat. 1028; Aug. 24, 1912, ch. 387, §1, 37 Stat. 512; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Apr. 29, 1950, ch. 137, §1, 64 Stat. 94; Aug. 3, 1955, ch. 496, §1, 69 Stat. 444, set forth provisions relating to applicability of homestead laws to Alaska. Section was formerly classified to section 371 of Title 48, Territories and Insular Possessions.

Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§§270–1 to 270–3. Repealed. Pub. L. 92–203, §18(a), Dec. 18, 1971, 85 Stat. 710

Section 270–1, acts May 17, 1906, ch. 2469, §1, 34 Stat. 197; Aug. 2, 1956, ch. 891, §1(a)–(d), 70 Stat. 954, authorized making of homestead allotments to native Indians, Aleuts, or Eskimos and provided for conveyance of allotted lands. Section was formerly classified to section 357 of Title 48, Territories and Insular Possessions.

Section 270–2, act May 17, 1906, ch. 2469, §2, as added Aug. 2, 1956, ch. 891, §1(e), 70 Stat. 954, permitted allotments of land in national forests if land was certified as chiefly valuable for agricultural or grazing uses. Section was formerly classified to section 357a of Title 48.

Section 270–3, act May 27, 1906, ch. 2469, §3, as added Aug. 2, 1956, ch. 891, §1(e), 70 Stat. 954, prohibited making of an allotment unless person made satisfactory proof of substantially continuous use and occupancy of land for five years. Section was formerly classified to section 357b of Title 48.

§270–4. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section, acts May 14, 1898, ch. 299, §10, 30 Stat. 413; Oct. 28, 1921, ch. 114 §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to affidavits, and filing, publishing, and posting proof of claims.

Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§§270–5 to 270–10. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section 270–5, act Apr. 29, 1950, ch. 137, §2, 64 Stat. 95, required filing of notice of location of settlement claims for public lands in Alaska. Section was formerly classified to section 371a of Title 48, Territories and Insular Possessions.

Section 270–6, act Apr. 29, 1950, ch. 137, §3, 64 Stat. 95, set forth effects of failure to file notice of settlement claim. Section was formerly classified to section 371b of Title 48.

Section 270–7, acts Apr. 29, 1950, ch. 137, §4, 64 Stat. 95; July 11, 1956, ch. 571, §2, 70 Stat. 529, required final or commutation proof on unsurveyed land as basis for free survey. Section was formerly classified to section 371c of Title 48.

Section 270–8, acts July 8, 1916, ch. 228, §1, 39 Stat. 352; June 28, 1918, ch. 110, 40 Stat. 632, set forth the amount of homestead entries for every qualified person. Section was formerly classified to section 373 of Title 48.

Section 270–9, acts July 8, 1916, ch. 228, §1, 39 Stat. 352; June 28, 1918, ch. 110, 40 Stat. 632, removed bar of former entry in any other State or Territory as bar to homestead entry in Alaska. Section was formerly classified to section 374 of Title 48.

Section 270–10, act July 8, 1916, ch. 228, §2, as added June 28, 1918, ch. 110, 40 Stat. 633; amended Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; July 11, 1956, ch. 571, §1, 70 Stat. 528, set forth requirements for entry on unsurveyed lands. Section was formerly classified to section 375 of Title 48.

Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§270–11. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section, acts Mar. 8, 1922, ch. 96, §1, 42 Stat. 415; Aug. 23, 1958, Pub. L. 85–725, §1, 72 Stat. 730, related to entry on land containing coal, oil, or gas.

Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§270–12. Disposal by United States of coal, oil, or gas deposits reserved to United States; entry, reentry, etc., on lands for prospecting, mining, and removal

The coal, oil, or gas deposits reserved to the United States in accordance with the act of March 8, 1922 (42 Stat. 415; 43 U.S.C. 270–11 et seq.), as added to by the Act of August 17, 1961 (75 Stat. 384; 43 U.S.C. 270–13), and amended by the Act of October 3, 1962 (76 Stat. 740; 43 U.S.C. 270–13), shall be subject to disposal by the United States in accordance with the provisions of the laws applicable to coal, oil, or gas deposits or coal, oil, or gas lands in Alaska in force at the time of such disposal. Any person qualified to acquire coal, oil, or gas deposits, or the right to mine or remove the coal or to drill for and remove the oil or gas under the laws of the United States shall have the right at all times to enter upon the lands patented under the Act of March 8, 1922, as amended, and in accordance with the provisions hereof, for the purpose of prospecting for coal, oil, or gas therein, upon the approval by the Secretary of the Interior of a bond or undertaking to be filed with him as security for the payment of all damages to the crops and improvements on such lands by reason of such prospecting. Any person who has acquired from the United States the coal, oil, or gas deposits in any such land, or the right to mine, drill for, or remove the same, may reenter and occupy so much of the surface thereof incident to the mining and removal of the coal, oil, or gas therefrom, and mine and remove the coal or drill for and remove oil and gas upon payment of the damages caused thereby to the owner thereof, or upon giving a good and sufficient bond or undertaking in an action instituted in any competent court to ascertain and fix said damages: Provided, That the owner under such limited patent shall have the right to mine the coal for use on the land for domestic purposes at any time prior to the disposal by the United States of the coal deposits: Provided further, That nothing in this Act shall be construed as authorizing the exploration upon or entry of any coal deposits withdrawn from such exploration and purchase.

(Mar. 8, 1922, ch. 96, §2, 42 Stat. 416; Pub. L. 85–725, §2, Aug. 23, 1958, 72 Stat. 730; Pub. L. 94–579, title VII, §703(c), Oct. 21, 1976, 90 Stat. 2791.)

References in Text

Act of March 8, 1922 and this Act, referred to in text, is act Mar. 8, 1922, ch. 96, 42 Stat. 415, as amended, which is classified to sections 270–11 to 270–13 of this title. The provisions added by the act of Aug. 17, 1961, and amended by the act of Oct. 3, 1962 were classified to section 270–13 of this title. Sections 270–11 and 270–13 of this title were repealed by section 703(a) of Pub. L. 94–579. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 377 of Title 48, Territories and Insular Possessions.

Amendments

1976Pub. L. 94–579 substituted provisions relating to disposal by United States of coal, oil, or gas deposits reserved to the United States, applicability of statutory provisions to such disposal, and entry, reentry, etc., on lands for prospecting, mining, and removal of deposits, for provisions relating to patent for land entered under section 270–11 of this title, reservation to the patented land, disposal of reserved coal, oil, or gas deposits, and entry, reentry, etc., on lands for prospecting, mining, and removal of deposits.

1958Pub. L. 85–725 struck out "And provided further, That nothing herein contained shall be held or construed to authorize the entry or disposition, under section 274 of this title, or under Acts amendatory thereof or supplemental thereto, of withdrawn or classified coal, oil, or gas lands or of lands valuable for coal, oil, or gas".

Effective Date of 1976 Amendment

Pub. L. 94–579, title VII, §703(c), Oct. 21, 1976, 90 Stat. 2791, provided that the amendment made by section 703(c) is effective on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976.

Savings Provision

Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§§270–13 to 270–17. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section 270–13, act Mar. 8, 1922, ch. 96, §3, as added Aug. 17, 1961, Pub. L. 87–147, 75 Stat. 384; amended Oct. 3, 1962, Pub. L. 87–742, 76 Stat. 740, authorized sale or other disposition of Alaskan lands containing coal, oil, or gas deposits. Section was formerly classified to section 377a of Title 48, Territories and Insular Possessions.

Section 270–14, act July 8, 1916, ch. 228, §3, formerly §2, 39 Stat. 352, renumbered June 28, 1918, ch. 110, 40 Stat. 633, excepted certain lands in Alaska from homestead entry and settlement. Section was formerly classified to section 378 of Title 48.

Section 270–15, acts Apr. 13, 1926, ch. 121, §1, 44 Stat. 243; Apr. 29, 1950, ch. 134, §3, 64 Stat. 93, related to claims and rectangular system of surveys and departure for local or topographic conditions.

Section 270–16, acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; Apr. 13, 1926, ch. 121, §2, 44 Stat. 244; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to additional entries by soldiers.

Section 270–17, act Apr. 13, 1926, ch. 121, §3, 44 Stat. 244, related to disposition of deposit of estimated cost of work incident to survey, and promulgation of rules and regulations.

Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.