As a condition of sale, in the absence of necessary legislation by Congress , the local legislature of any State or Territory may provide rules for working mines, involving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed in the patent. (R.S. § 2338.) Editorial Notes Codification R.S. § 2338 derived from act July 26, 1866, ch. 262, § 5, 14 Stat. 252 . Statutory Notes and Related Subsidiaries Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act , see section 1303 of Title 43 , Public Lands. CFR Title Parts 36 9 43 3710 , 3730 , 3809 , 3810 , 3820 , 3830 , 3831 , 3832 , 3833 , 3838 , 3850