43 U.S. Code § 142 - Rights of occupants or claimants of oil- or gas-bearing lands; exceptions to withdrawals
This section and section 141  of this title shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil- or gas-bearing lands after any withdrawal of such lands made prior to June 25, 1910: And provided further, That there shall be excepted from the force and effect of any withdrawal made under the provisions of this section and section 141  of this title all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made.
 See References in Text note below.
Act Aug. 24, 1912, substituted “metalliferous minerals” for “minerals other than coal, oil, gas, and phosphates” in the first clause of this section, and “June 25, 1910” for “the passage of this Act” in the second proviso of this section.
In the last proviso of this section, “national forest” substituted for “forest reserve”, in view of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, providing that forest reserves should be known as national forests.
The provisions of the last proviso of this section were also classified to section 471 of Title 16, Conservation.
1976—Pub. L. 94–579 struck out provisions that all lands withdrawn under the act of June 25, 1910, be open to exploration, occupation, and purchase under the mineral laws of the United States in respect to minerals other than coal, oil, gas, and phosphates and that no national forest be created or additions thereto made to those created before Aug. 24, 1912, in Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress.
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