30 U.S.C. § 121
Agricultural entry or purchase of lands withdrawn or classified as containing phosphate, nitrate, potash, oil, or gas; reservations to United States; application
Lands withdrawn or classified as phosphate, nitrate, potash, oil, gas, or asphaltic minerals, or which are valuable for those deposits, shall be subject to appropriation, location, selection, entry, or purchase, if otherwise available, under the nonmineral land laws of the United States, whenever such location, selection, entry, or purchase shall be made with a view of obtaining or passing title with a reservation to the United States of the deposits on account of which the lands were withdrawn or classified or reported as valuable, together with the right to prospect for, mine, and remove the same. All applications to locate, select, enter, or purchase under this section shall state that the same are made in accordance with and subject to the provisions and reservations of sections 121 to 123 of this title.
Notes of Decisions
Cited in 18
cases, 1934–2012 · leading case: Joe Aulston & Lola Aulston v. United States of Am., & Shell W. E & P, Intervenors-Appellees, 915 F.2d 584 (10th Cir. 1990).
Joe Aulston & Lola Aulston v. United States of Am., & Shell W. E & P, Intervenors-Appellees, 915 F.2d 584 (10th Cir. 1990). “” 30 U.S.C. § 121 (1988) (emphasis added). Section 2 of the 1914 Act specifies that any deposits so reserved “shall be subject to disposal by the United States .”
Watt v. W. Nuclear, Inc., 462 U.S. 36 (1983). “509 , as amended, 30 U. S. C. § 121 et seq. [11] This is evident from the provisions in the Act prescribing standards to govern the joint use of SRHA lands by owners of surface estates and prospectors and miners.”
Joe Aulston & Lola Aulston v. The United States, 823 F.2d 510 (Fed. Cir. 1987). “Facts 1 Plaintiffs-appellants are owners of certain tracts of land located in southwestern Colorado and originally acquired under the Act of July 17, 1914, as amended, 30 U.S.C. § 121 (1982) (“Agricultural entry or purchase of lands withdrawn or classified as containing…”
Belle Fourche Pipeline Co. v. State, 766 P.2d 537 (Wyo. 1988). “, Agricultural Entry Act, Act of July 17, 1914, 30 U.S.C. § 121 (1958); Stock Raising Homestead Act, Act of Dec.”
United States v. Union Oil Co. of California, 549 F.2d 1271 (9th Cir. 1977). “509 , 30 U.S.C. §§ 121 et seq. (phosphate, nitrate, potash, oil, gas, or asphaltic minerals).”
Brennan v. Udall, 251 F. Supp. 12 (D. Colo. 1966). “In it he described the land as nonmineral. His entry onto the 160 acres of land in Township 2 South, Range 97 West, 6th P.”
West Coast Expl. Co. v. McKay Sec'y of Interior, 213 F.2d 582 (D.C. Cir. 1954). “509 , 30 U.S.C.A. § 121 et seq., was limited to surveyed public lands, non-mineral in character.”
C. W. Brennan v. Stewart L. Udall, Sec'y of the Interior, 379 F.2d 803 (10th Cir. 1967). “§ 121 provides: “Lands withdrawn or classified as phosphate, nitrate, potash, oil, gas, or as-phaltic minerals, or which are valuable for those deposits, shall be subject to appropriation, location, selection, entry, or purchase, if otherwise available, under the nonmineral land…”
S. Ute Indian Tribe v. Amoco Prod. Co., 874 F. Supp. 1142 (D. Colo. 1995). “The next legislative reservation of minerals occurred in the Act of 1914, 30 U.S.C. § 121 . There, Congress broadened the scope of mineral reservation by enumerating specific minerals to be reserved—“phosphate, nitrate, potash, oil, gas, or asphaltic minerals.”
Shell Oil Co. & D. A. Shale, Inc. v. Cecil D. Andrus, Sec'y of the Interior, 591 F.2d 597 (10th Cir. 1979). “The Act of July 17, 1914, 30 U.S.C. § 121 , permitted homestead entries to be patented although there might be valuable minerals thereon, including “oil,” if the minerals were reserved to the United States.”
Aulston v. United States, 11 Cl. Ct. 58 (Ct. Cl. 1986). “FACTS Plaintiffs are a group of Colorado landowners who acquired title to their properties under the Act of July 17, 1914, as amended, 30 U.S.C. § 121 (1982). That statute grants homestead patents to qualifying entrants, but permits the Government to reserve rights to certain…”
Entek GRB, LLC v. Stull Ranches, LLC, 885 F. Supp. 2d 1082 (D. Colo. 2012). “961 (1928), the Supreme Court discussed the effect of the federal government’s reservation of mineral rights under the Agricultural Entry Act of 1914 (“AEA”), 30 U.S.C. § 121 et seq., and the MLA. Id.”
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