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30 U.S.C. § 81 — Rights of entrymen of lands subsequently classified as coal lands; disposal of coal deposits
Federal law — U.S. Code and appendices · legal_authorities
Any person who has in good faith located, selected, or entered under the nonmineral land laws of the United States any lands which subsequently are classified, claimed, or reported as being valuable for coal, may, if he shall so elect, and upon making satisfactory proof of compliance with the laws under which such lands are claimed, receive a patent therefor, which shall contain a reservation to the United States of all coal in said lands, and the right to prospect for, mine, and remove the same. The coal deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal land laws in force at the time of such disposal, but no person shall enter upon said lands to prospect for, or mine and remove coal therefrom, without previous consent of the owner under such patent, except upon such conditions as to security for and payment of all damages to such owner caused thereby as may be determined by a court of competent jurisdiction. The owner under such patent shall have the right to mine coal for use on the land for domestic purposes prior to the disposal by the United States of the coal deposit. Nothing herein contained shall be held to affect or abridge the right of any locator, selector, or entryman to a hearing for the purpose of determining the character of the land located, selected, or entered by him. Such locator, selector, or entryman who has made or shall make final proof showing good faith and satisfactory compliance with the law under which his land is claimed shall be entitled to a patent without reservation unless at the time of such final proof and entry it shall be shown that the land is chiefly valuable for coal.
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Stable record: federal_law:legal_authorities:record_usc_2d5a9151f2b6de6e3cc1d94a
Source file: Laws/federal/codes/united-states-code/title-30/section-81-rights-of-entrymen-of-lands-subsequently-classified-as-coal-lands-dispos--596a0a358c.md
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Passage SHA-256: f0b8daf449d190024f13485650be91744db2ec088b9a112c2aa239bedd3cee2e
Source location: Title 30, Chapter 3, § 81; chapter-003-lands-containing-coal-oil-gas-salts-asphaltic-materials-sodium-sulphur-and-building-stone.md
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Any person who has in good faith located, selected, or entered under the nonmineral land laws of the United States any lands which subsequently are classified, claimed, or reported as being valuable for coal, may, if he shall so elect, and upon making satisfactory proof of compliance with the laws under which such lands are claimed, receive a patent therefor, which shall contain a reservation to the United States of all coal in said lands, and the right to prospect for, mine, and remove the same. The coal deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal land laws in force at the time of such disposal, but no person shall enter upon said lands to prospect for, or mine and remove coal therefrom, without previous consent of the owner under such patent, except upon such conditions as to security for and payment of all damages to such owner caused thereby as may be determined by a court of competent jurisdiction. The owner under such patent shall have the right to mine coal for use on the land for domestic purposes prior to the disposal by the United States of the coal deposit. Nothing herein contained shall be held to affect or abridge the right of any locator, selector, or entryman to a hearing for the purpose of determining the character of the land located, selected, or entered by him. Such locator, selector, or entryman who has made or shall make final proof showing good faith and satisfactory compliance with the law under which his land is claimed shall be entitled to a patent without reservation unless at the time of such final proof and entry it shall be shown that the land is chiefly valuable for coal.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 92–312, § 1, June 14, 1972, 86 Stat. 216, which related to the sale of lands held by the United States, was omitted from the Code as being of special and not general application.
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Federal law — U.S. Code and appendices · legal_authorities
On and after June 18, 1934, no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian.
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Federal law — U.S. Code and appendices · legal_authorities
Unreserved public lands of the United States exclusive of Alaska which have been withdrawn or classified as coal lands, or are valuable for coal, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert-land law, to selection under [section 641 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section641&num=0&edition=prelim), and to withdrawal under the Act approved June seventeenth, nineteen hundred and two, known as the Reclamation Act, whenever such entry, selection, or withdrawal shall be made with a view of obtaining or passing title, with a reservation to the United States of the coal in such lands and of the right to prospect for, mine, and remove the same. But all homestead entries made hereunder shall be subject to the conditions, as to residence and cultivation, of entries under [section 218 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section218&num=0&edition=prelim). Those who have initiated nonmineral entries, selections, or locations in good faith, prior to June 22, 1910, on lands withdrawn or classified as coal lands may perfect the same under the provisions of the laws under which said entries were made, but shall receive the limited patent provided for in sections 83 to 85 of this title.
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Federal law — U.S. Code and appendices · legal_authorities
Where reclamation homestead entry was made prior to July 17, 1914, pursuant to the Act of June 17, 1902 (32 Stat. 389, 43 U.S.C., sec. 431), as amended and supplemented, for lands in the Northport Division or the Interstate Division of the North Platte Reclamation Project, and after such entry the lands have been or are hereafter withdrawn, classified, or reported as being valuable for any of the minerals named in sections 81 and 121 to 124 of this title, the patent shall not contain a reservation of such minerals. If any such mineral deposits on account of which the lands were withdrawn, classified or reported as being valuable have been leased by the United States, such patent shall be made subject to the rights of the lessee, but the patentee shall be subrogated to the rights of the United States under the lease.
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Federal law — U.S. Code and appendices · legal_authorities
The entryman or owner of any land or the assignee of rights therein, including lands granted to States, with respect to which the coal deposits have been reserved to the United States pursuant to the provisions of [section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section81&num=0&edition=prelim) or sections 83 to 85 of this title, excepting lands embraced within a coal prospecting permit or lease, upon the discovery of valuable source material in lignite situated within such entered, granted, or patented lands, who, except for the reservation of coal to the United States would have the right to mine and remove such source material, shall have the exclusive right to mine, remove, and dispose of lignite containing such source material and lignite necessary to be stripped or mined in the recovery of such material, subject to the reporting and payment requirements of [section 541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section541&num=0&edition=prelim), and subject to the provisions of the Atomic Energy Act of 1954 [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.], upon filing in the land office designated in [section 541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section541&num=0&edition=prelim), an adequate description sufficient to identify the land containing such lignite.
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Federal law — U.S. Code and appendices · legal_authorities
Page 27
TITLE 30—MINERAL LANDS AND MINING
§ 81
benefit of such sections, either as an individual
or as a member of any other association, shall
enter or hold any other lands under the provi-
sions thereof; and no member of any association
which shall have taken the benefit of such sec-
tions shall enter or hold any other lands under
their provisions; and all persons claiming under
section 72 of this title shall be required to prove
their respective rights and pay for the lands
filed upon within one year from the time pre-
scribed for filing their respective claims; and
upon failure to file the proper notice, or to pay
for the land within the required period, the same
shall be subject to entry by any other qualified
applicant.
(R.S. § 2350.)
Editorial Notes
CODIFICATION
R.S. § 2350 derived from act Mar. 3, 1873, ch. 279, § 4, 17
Stat. 607.
Executive Documents
INDIAN LANDS EXCEPTED
See note set out under section 71 of this title.
§ 75. Conflicting claims upon coal lands; rules
and regulations
In case of conflicting claims upon coal lands
where the improvements shall be commenced,
after the third day of March, 1873, priority of
possession and improvement, followed by proper
filing and continued good faith, shall determine
the preference right to purchase. And also where
improvements have already been made prior to
the third day of March, 1873, division of the land
claimed may be made by legal subdivisions, to
include, as near as may be, the valuable im-
provements of the respective parties. The Direc-
tor of the Bureau of Land Management is au-
thorized to issue all needful rules and regula-
tions for carrying into effect the provisions of
this section and sections 71 to 74 of this title.
(R.S. § 2351; 1946 Reorg. Plan No. 3, § 403, eff. July
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 81
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