increased one inch for every decrease of 100 B.T.U. below 10,500. Thus, the minimum thickness of a coal having a B.T.U. value of 8,500 on an unweathered air-dried sample will be 34 inches. (3) Lands containing coals of classes a and b of any thickness at depths greater than 3,000 ft. shall be classified as noncoal lands, except where the coal lies within three miles of a point where it can be reached by a 3,000-ft. shaft and the depth to the coal from the mouth of the shaft does not exceed 3,000 ft., or where the coal lies within six miles of the outcrop if the bed is horizontal, which distance shall be decreased with increasing dip to a limit of 3,000 ft. from the outcrop which shall apply if the bed dips over 45°, provided that in no case shall land containing coals of grades a and b be classed as coal land if the depth from the point of accessibility exceeds 3,000 feet.

(4) Lands containing coals of class c of any thickness at a depth greater than 2,000 ft. shall be classed as noncoal lands, except where the coal lies within two miles of a point where it can be reached by a 2,000-ft. shaft and the depth to the coal from the mouth of the shaft does not exceed 2,000 ft., or where the coal lies within four miles of the outcrop if the bed is horizontal, which distance shall be decreased with increasing dip to a limit of 2,000 ft. from the outcrop which shall apply if the bed dips over 45°, provided that in no case shall lands containing coals of grade c be classed as coal land if the depth from the point of accessibility exceeds 2,000 feet.

(5) Lands containing coals of class d of any thickness at a depth greater than 500 ft. shall be classed as noncoal, except where the coal lies within one mile of a point where it can be reached by a 500-ft. shaft and the depth to the coal from the mouth of the shaft does not exceed 500 ft., or where the coal lies within one mile of the outcrop if the bed is horizontal, which distance shall be decreased with increasing dip to a limit of 500 ft. from the outcrop which shall apply if the bed dips over 45°, provided that in no case shall lands containing coals of grade d be classed as coal land if the depth from the point of accessibility exceeds 500 feet.

(6) The price of coal lands of classes a, b, and c shall be

determined on the basis of the estimated tonnage at the rate of one-half to one cent per estimated ton for class c; one to two cents per ton for class b; and two to three cents per estimated ton for class a, when the lands are within fifteen miles of a completed railroad, and half that much when at a greater distance, but the price shall in no case exceed $300 per acre, except in districts which contain large coal mines, where the character and extent of the coal are well known to the purchaser. When, however, topographic conditions affect the acces.sibility of the coal, the land within the fifteen-mile limit may be given a lower valuation, but in no case shall it be placed at less than the minimum, and a graded allowance may be made for increasing depth with the same restrictions.

(7) The rates per ton in the preceding paragraph are based on the assumption that only one bed of coal is present. If more than one bed occurs in any tract of land, in such relationship that the mining of one will not necessarily disturb the other, then for the second bed there shall be added to the price of the first bed, 60% of the value of the second bed according to the schedule; 40% of the value of the third, and 30% of the value of each additional bed, but the estimated price for coal land shall in no case exceed $300 per acre, except in districts which contain large coal mines where the character and extent of the coal deposits are well known to the purchaser. Where a bed is over 15 ft. thick, the normal value shall be placed only on 15 ft. thick; the next 15 ft. or part thereof shall be valued at 60% of the normal; and the rest of the bed at 30% of the normal.

(8)

The tonnage shall be estimated for the purpose of valuation on the basis of 1,000 tons of recovery per acre-foot.

(9) The coal price of lands of class d shall be the minimum provided by law, $20 per acre when within fifteen miles of a railroad, and $10 per acre when at a greater distance.

(10). In all valuations of coal lands, any special conditions enhancing the value of the land for coal-mining purposes shall be taken into consideration.

(11) When only a part of a smallest legal subdivision is underlain by coal, the price per acre shall be fixed by dividing

the total estimated coal values by the number of acres in the subdivision, but in no case shall this be less than the minimum provided by law.

(12) When lands which were at time of classification more than fifteen miles from a railroad, are brought within the fifteenmile limit by the beginning of operation of a new road, all values given in the original classification shall be doubled by the register and receiver.

(13) Except in cases of entries now pending or entries made prior to classification, review of classification or valuation may be had only upon application therefor to the Secretary of the Interior, accompanied by a showing clearly and specifically setting forth conditions not existing or known at time of examination.

Persons desiring to make an agricultural or non-mineral entry on land classified as coal, may ask for reclassification by presenting evidence to show that the coal classification is erroneous. If a reclassification is denied, they may ask for a hearing in the local land office to overthrow the existing classification, at which they must assume the burden of proof, the defense of the coal classification being made for the Government by the Field Service of the General Land Office. If, as a result of a reclassification or a hearing, the land is decided to be noncoal, nonmineral filings and entries may be made. However, the classification by the Geological Survey has not been a perfunctory and nominal one, but is a result of thorough and careful investigation by geologists well trained in the work.

The title to land entered and patented as agricultural or nonmineral land, but which before final proof for patent was made, was classified, claimed, or reported to be valuable for coal, is subject to attack by the Government in its efforts to recover the coal, within the six years from date of patent as prescribed by the Statute of Limitations. To provide relief for those who in good faith took up land under the nonmineral laws, which was classified, claimed, or reported to be valuable for coal, not before filing was made, but after and before final proof, an Act was passed in 1909 enabling the nonmineral entryman to relinquish the coal to the United States and receive the

surface, subject to the right of the party who may purchase the coal from the United States, to enter and remove the coal after providing for payment of all damages that may be caused the surface owner. The nonmineral entryman may choose to deny the existence of coal. This will result in a land office hearing or contest, where the burden of proof is on the Government, since the nonmineral filing establishes or classifies the land as nonmineral. Should the fact that the land is coal land be established in the contest, the entryman may still relinquish the coal to the United States and receive the surface, notwithstanding the bad faith he has shown by not doing so at once. The scope of the above law separating the surface of the land from the coal underneath was extended in 1910 so that an agricultural or nonmineral entry, reserving the coal to the United States, may be made upon land classified as coal or withdrawn pending such classification. This law throws open to occupation and purchase under the agricultural and nonmineral laws large areas that were heretofore subject to entry as coal land only, or completely withdrawn from entry for the time being. Land entered under the nonmineral laws, which has been claimed, reported, or found valuable for coal after final proof upon an agricultural entry, and not before, cannot be recovered by the Government.

CHAPTER XXV

Timber and Stone Act

While building stone, both upon surveyed and unsurveyed land, may be taken up as placer claims, it may also be taken up under the Timber and Stone Act when upon surveyed land. Timber or stone land, to come under the provisions of this law, must be surveyed land in the public-land States, excluding Alaska, Arizona, and New Mexico. It must contain no mining claim or constructive entry; that is, must be unoccupied. The land must be nonmineral to the extent of not warranting development for mineral purposes. Trees suitable for construction purposes of any nature are regarded as timber. Trees fit for fuel only, are not so regarded and land so forested is not subject to entry under this law. Land more valuable for its timber or stone than for cultivation, is subject to this entry, even though it have some value for cultivation before or after removal of the timber or stone. Entry cannot be made under this guise for land more valuable for other purposes or essentially intended for other purposes.

An individual over 21 years of age, who is a citizen of the United States or has announced his intention to become such, may make one entry only of a maximum size of 160 acres; provided he has not acquired, or is claiming, since August 30, 1890, under the nonmineral laws an amount of public land, which, together with the timber and stone entry, would exceed 320 acres. An association or incorporation, whose members or stockholders are so qualified, may also make entry. The applicant must file an application by contiguous legal subdivisions in the local land office. `The application states the qualifications of the applicant and that he has examined the land within thirty days, also its condition and probable value. This is accompanied by a filing fee of $10. If the application is ac