U.S. Code » Title 30 » Chapter CHAPTER 3— LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE › Subchapter SUBCHAPTER V— AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL, GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR

30 U.S.C. § 123

Persons locating lands subsequently withdrawn or classified; patents to

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Any person who has, in good faith, located, selected, entered, or purchased, or any person who shall locate, select, enter, or purchase, after July 17, 1914, under the nonmineral land laws of the United States, any lands which are subsequently withdrawn, classified, or reported as being valuable for phosphate, nitrate, potash, oil, gas, or asphaltic minerals, may, upon application therefor, and making satisfactory proof of compliance with the laws under which such lands are claimed, receive a patent therefor, which patent shall contain a reservation to the United States of all deposits on account of which the lands were withdrawn, classified, or reported as being valuable, together with the right to prospect for, mine, and remove the same.

Notes of Decisions
Cited in 5 cases, 1934–1972 · leading case: Brennan v. Udall, 251 F. Supp. 12 (D. Colo. 1966).
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Brennan v. Udall, 251 F. Supp. 12 (D. Colo. 1966). · cites it 2× “” Title 30 U.S.C. § 123 . 9 . Section 2 provides in pertinent part: “ * * * Nothing herein contained shall be held to deny or abridge the right to present and have prompt consideration of applications to locate, select, enter, or purchase, under the land laws of the United…”
United States v. Hurlburt, 72 F.2d 427 (10th Cir. 1934). · cites it 2× “510 , § 3 [30 USCA § 123]) such lands are subject to settlement, and a patent may be issued with a reservation of the mineral rights in the United States.”
Rice v. United States, 348 F. Supp. 254 (D.N.D. 1972). “§ 121 ) Act of July 17, 1914 ( 30 U.S.C. § 123 ) Act of Dec. 29, 1916 ( 43 U.”
United States v. Delta Dev. Co., 322 F. Supp. 121 (E.D. La. 1970). “Section 3 of the 1914 Act, 30 U.S.C. § 123 , provides in part that “Any person who * * * shall locate, select, enter or purchase, after July 17, 1914, under the nonmineral land laws of the United States, any lands * * * [which are later reported or classified as being val-able…”
Bourdieu v. Pac. W. Oil Co., 8 F. Supp. 407 (S.D. Cal. 1934). “His homestead entry and the subsequent patent that was issued to him if valid at all must have been granted under section 1. He made his entry after the lands had been withdrawn and classified as mineral, and both his entry and patent expressly reserved all oil and mineral…”
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