
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC1068]

 
                         TITLE 43--PUBLIC LANDS
 
              CHAPTER 25A--LANDS HELD UNDER COLOR OF TITLE
 
Sec. 1068. Lands held in adverse possession; issuance of patent; 
        reservation of minerals; conflicting claims
        
    The Secretary of the Interior (a) shall, whenever it shall be shown 
to his satisfaction that a tract of public land has been held in good 
faith and in peaceful, adverse, possession by a claimant, his ancestors 
or grantors, under claim or color of title for more than twenty years, 
and that valuable improvements have been placed on such land or some 
part thereof has been reduced to cultivation, or (b) may, in his 
discretion, whenever it shall be shown to his satisfaction that a tract 
of public land has been held in good faith and in peaceful, adverse, 
possession by a claimant, his ancestors or grantors, under claim or 
color of title for the period commencing not later than January 1, 1901, 
to the date of application during which time they have paid taxes levied 
on the land by State and local governmental units, issue a patent for 
not to exceed one hundred and sixty acres of such land upon the payment 
of not less than $1.25 per acre: Provided, That where the area so held 
is in excess of one hundred and sixty acres the Secretary may determine 
what particular subdivisions, not exceeding one hundred and sixty acres, 
may be patented hereunder: Provided further, That coal and all other 
minerals contained therein are reserved to the United States; that said 
coal and other minerals shall be subject to sale or disposal by the 
United States under applicable leasing and mineral land laws, and 
permittees, lessees, or grantees of the United States shall have the 
right to enter upon said lands for the purpose of prospecting for and 
mining such deposits: And provided further, That no patent shall issue 
under the provisions of this chapter for any tract to which there is a 
conflicting claim adverse to that of the applicant, unless and until 
such claim shall have been finally adjudicated in favor of such 
applicant.

(Dec. 22, 1928, ch. 47, Sec. 1, 45 Stat. 1069; July 28, 1953, ch. 254, 
Sec. 1, 67 Stat. 227.)

                       References in Text

    The leasing and mineral land laws, referred to in text, probably 
mean the mineral leasing laws which have been defined in sections 351, 
505, 530, and 541e of Title 30, Mineral Lands and Mining, to mean acts 
Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41 Stat. 
437; Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927, ch. 66, 44 
Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub. L. 86-252, 
Sec. 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920, is known 
as the Mineral Leasing Act and is classified generally to chapter 3A 
(Sec. 181 et seq.) of Title 30. The act of Apr. 17, 1926, is classified 
generally to subchapter VIII (Sec. 271 et seq.) of chapter 3A of Title 
30. The act of Feb. 7, 1927, is classified principally to subchapter IX 
(Sec. 281 et seq.) of chapter 3A of Title 30. For complete 
classification of these Acts to the Code, see Tables.


                               Amendments

    1953--Act July 28, 1953, provided for mandatory issuance of land 
patents to certain adverse possessors and broadened discretionary power 
of Secretary to issue patents to parties who have paid taxes on certain 
public lands since Jan. 1, 1901.

                  Section Referred to in Other Sections

    This section is referred to in section 1721 of this title.
