The following words only: "Provided, That the President is hereby authorized by proclamation to withhold from sale and grant for public use to the municipal corporation in which the same is situated all or any portion of any abandoned military reservation not exceeding twenty acres in one place.”

1

July 19, 1963.

Sept. 22, 1922.

Public Law 88-66.

10. PITTMAN UNDERGROUND WATER ACT

400

(b) Section 7 of the

of the Taylor Grazing Act, 48 Stat.

2 1272, ch. 865, as amended by section 2 of the Act of

3 June 26, 1936, (49 Stat. 1976, ch. 842, title I, 43 U.S.C. 4 315f), is further amended to read as follows:

47

1 "The Secretary of the Interior is authorized, in his dis2 cretion, to examine and classify any lands withdrawn or re3 served by Executive order of November 26, 1934 (num4 bered 6910), and amendments thereto, and Executive order 5 of February 5, 1935 (numbered 6964), or within a grazing 6 district, which are more valuable or suitable for any other 7 use than for the use provided for under this Act, or proper 8 for acquisition in satisfaction of any outstanding lien, ex9 change, or land grant, and to open such lands to disposal in 10 accordance with such classification under applicable public 11 land laws. Such lands shall not be subject to disposition until 12 after the same have been classified and opened to disposal." (c) (1) The Act of March 3, 1877, as amended (19 14 Stat. 377; 43 U.S.C. 321, 322, 323, 325, 327-329), is re15 pealed, except that portion of section 321 of title 42, United 16 States Code, reading as follows: "The water of all lakes, 17 rivers, and other sources of water supply upon the public 18 lands and not navigable, shall remain and be held free for 19 the appropriation and use of the public for irrigation, mining, 20 and manufacturing purposes subject to existing rights.".

13

21

(2) Section 321 of title 43, United States Code, is 22 amended as follows: "Provided, however, That nothing 23 contained in this Act shall be deemed to abrogate or extin24 guish any claim to or ownership of rights under, or adja25 cent to lands withdrawn from the public domain.".

48

1

(d) Section 2 of the Act of March 8, 1922 (42 Stat.

2 416, ch. 96, as amended by section 2 of the Act of August 23,

3 1958, 72 Stat. 730, Public Law 85-725, 43 U.S.C. 270

4 12), is further amended to read:

5

14

"The coal, oil, or gas deposits reserved to the United 6 States in accordance with the Act of March 8, 1922 (42 Stat. 7 415, ch. 96, as added to by the Act of August 17, 1961, 75 8 Stat. 384, Public Law 87-147, and amended by the Act of 9 October 3, 1962, 76 Stat. 740, Public Law 87-742), shall be 10 subject to disposal by the United States in accordance with 11 the provisions of the laws applicable to coal, oil, or gas de12 posits or coal, oil, or gas lands in Alaska in force at the time 13 of such disposal. Any person qualified to acquire coal, oil, or gas deposits, or the right to mine or remove the coal or to 15 drill for and remove the oil or gas under the laws of the 16 United States shall have the right at all times to enter upon 17 the lands patented under the Act of March 8, 1922, as 18 amended, and in accordance with the provisions hereof, for 19 the purpose of prospecting for coal, oil, or gas therein, upon 20 the approval by the Secretary of the Interior of a bond or 21 undertaking to be filed with him as security for the payment 22 of all damages to the crops and improvements on such lands 23 by reason of such prospecting. Any person who has acquired 24 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,

25

49

1 may reenter and occupy so much of the surface thereof inci2 dent to the mining and removal of the coal, oil, or gas there3 from, and mine and remove the coal or drill for and remove 4 oil and gas upon payment of the damages caused thereby to 5 the owner thereof, or upon giving a good and sufficient bond

6

7

or undertaking in an action instituted in any competent court

to ascertain and fix said damages: Provided, That the owner 8 under such limited patent shall have the right to mine the 9 coal for use on the land for domestic purposes at any time 10 prior to the disposal by the United States of the coal depos11 its: Provided further, That nothing in this Act shall be 12 construed as authorizing the exploration upon or entry of any 13 coal deposits withdrawn from such exploration and 14 purchase.".

15

Section 3 of the Act of August 30, 1949 (63 Stat. 679, 16 ch. 521, 43 U.S.C. 678b-2), is amended to read:

17

18

19

20

"Notwithstanding the provisions of any Act of Congress

to the contrary, any person who prospects for, mines, or re

moves any minerals from any land disposed of under the 20 Act of August 30, 1949 (63 Stat. 679, ch. 521), shall be 21 liable for any damage that may be caused to the value of the 22 land and tangible improvements thereon by such prospecting for, mining, or removal of minerals. Nothing in this section 24 shall be construed to impair any vested right in existence on August 30, 1949.".

25