The National Forest Manual. General Laws, Parts of Laws, Decisions, And Opinions Applicable to the Creation, Administration, And Protection of National Forests

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D., 29.) Citizens in need of coal for their own use, who have not initiated claims under coal-land laws, have no authority to take any coal from National Forest lands, either with or without a permit from the Secre- tary of Agriculture. (1 Sol. Op., 477.) The act of April 28, 1904 (33 Stat., 525), amending the coal-land laws, as theretofore extended to Alaska, did not remove the restriction as to the quantitj^ of such lands enterable by one person or association, but merely provided a method by... which unsurveyed coal lands in Alaska could be acquired subject to the limitations of the general coal- land laws. (The Cunningham claims (United States v. Schofield et al.) ; decision of Commissioner of the General Land Office of June 21, 1911, affirmed and adopted by Interior Department, Aug. 29, 1912.) Open cuts and tunnels made merely for the purpose of ascertaining whether a group of claims contains coal and not with the intent to develop operating mines do not satisfy the statutory requirement as to opening and improving.

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