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30 U.S.C. § 83 — Homestead or desert-land and other entries
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Unreserved public lands of the United States exclusive of Alaska which have been withdrawn or classified as coal lands, or are valuable for coal, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert-land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 Those who have initiated nonmineral entries, selections, or locations in good faith, prior to June 22, 1910, on lands withdrawn or classified as coal lands may perfect the same under the provisions of the laws under which said entries were made, but shall receive the limited patent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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Stable record: federal_law:legal_authorities:record_usc_f09a7827363071f020b229d3
Source file: Laws/federal/codes/united-states-code/title-30/section-83-homestead-or-desert-land-and-other-entries--8165a7b6e7.md
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Passage SHA-256: 7797a1e164df0f415e3f9e7d38157ef0c454c08ad8a2850ba20478cbc8c09d37
Source location: Title 30, Chapter 3, § 83; chapter-003-lands-containing-coal-oil-gas-salts-asphaltic-materials-sodium-sulphur-and-building-stone.md
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Unreserved public lands of the United States exclusive of Alaska which have been withdrawn or classified as coal lands, or are valuable for coal, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert-land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
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, in addition to the classes of entries or filings described in sections 83 to 85 of this title be subject to selection by the several States within whose limits the lands are situate, under grants made by Congress, and to disposition, in the discretion of the Secretary of the Interior, under the laws providing for the sale of isolated or disconnected tracts of public lands, but there shall be a reservation to the United States of the coal in all such lands so selected or sold and of the right to prospect for, mine, and remove the same in accordance with the provisions of said sections, and such lands shall be subject to all the conditions and limitations of said sections.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 90
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Federal law — U.S. Code and appendices · legal_authorities
To aid the public-land States in the reclamation of the desert lands therein, and the settlement, cultivation and sale thereof in small tracts to actual settlers, the Secretary of the Interior with the approval of the President is, as of August 18, 1894, authorized and empowered, upon proper application of the State to contract and agree, from time to time, with each of the States in which there may be situated desert lands as defined by the Act approved March 3, 1877, and the Act amendatory thereof, approved March 3, 1891, binding the United States to donate, grant, and patent to the State free of cost for survey or price such desert lands, not exceeding one million acres in each State, as the State may cause to be irrigated, reclaimed, occupied, and not less than twenty acres of each one hundred and sixty acre tract cultivated by actual settlers, as thoroughly as is required of citizens who may enter under the desert-land law within ten years from the date of approval by the Secretary of the Interior of the State’s application for the segregation of such lands; and if actual construction of reclamation works is not begun within three years after the segregation of the lands or within such further period not exceeding three years, as shall be allowed by the Secretary of the Interior, the said Secretary of the Interior, in his discretion, may restore such lands to the public domain; and if the State fails, within ten years from the date of such segregation, to cause the whole or any part of the lands so segregated to be so irrigated and reclaimed, the Secretary of the Interior may, in his discretion, continue said segregation for a period not exceeding five years, or may, in his discretion, restore such lands not irrigated and reclaimed to the public domain upon the exp
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 641
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Federal law — U.S. Code and appendices · legal_authorities
When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478, 493, 494, 500, 501, and 526 of this title—
**(a)** The word “Secretary” means the Secretary of the Interior.
**(b)** The words “reclamation law” mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto.
**(c)** The words “reclamation fund” mean the fund provided by the reclamation law.
**(d)** The word “project” means a Federal irrigation project authorized by the reclamation law.
**(e)** The words “division of a project” mean a substantial irrigable area of a project designated as a division by order of the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 371
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior is authorized, in his discretion, to examine and classify any lands withdrawn or reserved by Executive order of November 26, 1934 (numbered 6910), and amendments thereto, and Executive order of February 5, 1935 (numbered 6964), or within a grazing district, which are more valuable or suitable for the production of agricultural crops than for the production of native grasses and forage plants, or more valuable or suitable for any other use than for the use provided for under this subchapter or proper for acquisition in satisfaction of any outstanding lieu, exchange or script 11 So in original. Probably should be “scrip”. rights or land grant, and to open such lands to entry, selection, or location for disposal in accordance with such classification under applicable public-land laws, except that homestead entries shall not be allowed for tracts exceeding three hundred and twenty acres in area. Such lands shall not be subject to disposition, settlement, or occupation until after the same have been classified and opened to entry: Provided, That locations and entries under the mining laws including the Act of February 25, 1920, as amended [[30 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section181&num=0&edition=prelim) et seq.], may be made upon such withdrawn and reserved areas without regard to classification and without restrictions or limitation by any provision of this subchapter. Where such lands are located within grazing districts reasonable notice shall be given by the Secretary of the Interior to any grazing permittee of such lands. The applicant, after his entry, selection, or location is allowed, shall be entitled to the possession and use of such lands: Provided, That upon the application of any
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 315f
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Federal law — U.S. Code and appendices · legal_authorities
Lands withdrawn or classified as phosphate, nitrate, potash, oil, gas, or asphaltic minerals, or which are valuable for those deposits, shall be subject to appropriation, location, selection, entry, or purchase, if otherwise available, under the nonmineral land laws of the United States, whenever such location, selection, entry, or purchase shall be made with a view of obtaining or passing title with a reservation to the United States of the deposits on account of which the lands were withdrawn or classified or reported as valuable, together with the right to prospect for, mine, and remove the same. All applications to locate, select, enter, or purchase under this section shall state that the same are made in accordance with and subject to the provisions and reservations of sections 121 to 123 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 121
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 81
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Federal law — U.S. Code and appendices · legal_authorities
Any person desiring to make entry under the homestead laws or the desert-land law, any State desiring to make selection under [section 641 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section641&num=0&edition=prelim), and the Secretary of the Interior in withdrawing under the Reclamation Act lands classified as coal lands, or valuable for coal, with a view of securing or passing title to the same in accordance with the provisions of said Acts, shall state in the application for entry, selection, or notice of withdrawal that the same is made in accordance with and subject to the provisions and reservations of sections 83 to 85 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 84
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Federal law — U.S. Code and appendices · legal_authorities
Upon satisfactory proof of full compliance with the provisions of the laws under which entry is made, and of sections 83 to 85 of this title, the entryman shall be entitled to a patent to the land entered by him, which patent shall contain a reservation to the United States of all the coal in the lands so patented, together with 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. Any person qualified to acquire coal deposits or the right to mine and remove the coal under the laws of the United States shall have the right, at all times, to enter upon the lands selected, entered, or patented, as provided by sections 83 to 85 of this title, for the purpose of prospecting for coal thereon upon the approval by the Secretary of the Interior of a bond or undertaking to be filed with him as security for the payment of all damages to the crops and improvements on such lands by reason of such prospecting. Any person who has acquired from the United States the coal deposits in any such land, or the right to mine or remove the same, may reenter and occupy so much of the surface thereof as may be required for all purposes reasonably incident to the mining and removal of the coal therefrom, and mine and remove the coal, upon payment of the damages caused thereby to the owner thereof, or upon giving a good and sufficient bond or undertaking in an action instituted in any competent court to ascertain and fix said damages. The owner under such limited patent shall have the right to mine coal for use upon the land for domestic purposes at any time prior to the disposal by the United States of the coal deposits.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 85
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Federal law — U.S. Code and appendices · legal_authorities
It shall be lawful for any citizen of the United States, or any person of requisite age “who may be entitled to become a citizen, and who has filed his declaration to become such” and upon payment of 25 cents per acre—to file a declaration under oath with the officer designated by the Secretary of the Interior of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one-half section, by conducting water upon the same, within the period of three years thereafter: Provided, however, That the right to the use of water by the person so conducting the same, on or to any tract of desert land of three hundred and twenty acres shall depend upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to existing rights. Said declaration shall describe particularly said one-half section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as possible without a survey. At any time within the period of three years after filing said declaration, upon making satisfactory proof to the officer designated by the Secretary of the Interior of the reclamation of said tract of land in the manner aforesaid, and upon the payment to such officer of the additional sum of $1 per acre for a tract of land not exceeding three hundred and twenty acres to any one person, a paten
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 321
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Federal law — U.S. Code and appendices · legal_authorities
Page 28
TITLE 30—MINERAL LANDS AND MINING
§ 82
proof and entry it shall be shown that the land
is chiefly valuable for coal.
(Mar. 3, 1909, ch. 270, 35 Stat. 844.)
Statutory Notes and Related Subsidiaries
PROTECTION
OF SANCTITY
OF CONTRACTS
AND LEASES
OF
SURFACE
PATENT
HOLDERS
WITH
RESPECT
TO
COALBED METHANE GAS
Pub. L. 105–367, § 1, Nov. 10, 1998, 112 Stat. 3313, pro-
vided that:
‘‘(a) IN
GENERAL.—Subject to subsection (b), the
United States shall recognize as not infringing upon
any ownership rights of the United States to coalbed
methane any—
‘‘(1) contract or lease covering any land that was
conveyed by the United States under the Act entitled
‘An Act for the protection of surface rights of
entrymen’, approved March 3, 1909 (30 U.S.C. 81), or
the Act entitled ‘An Act to provide for agricultural
entries on coal lands’, approved June 22, 1910 (30
U.S.C. 83 et seq.), that was—
‘‘(A) entered into by a person who has title to said
land derived under said Acts, and
‘‘(B) that conveys rights to explore for, extract,
and sell coalbed methane from said land; or
‘‘(2) coalbed methane production from the lands de-
scribed in subsection (a)(1) by a person who has title
to said land and who, on or before the date of enact-
ment of this Act [Nov. 10, 1998], has filed an applica-
tion with the State oil and gas regulating agency for
a permit to drill an oil and gas well to a completion
target located in a coal formation.
‘‘(b) APPLICATION.—Subsection (a)—
‘‘(1) shall apply only to a valid contract or lease de-
scribed in subsection (a) that is in effect on the date
of enactment of this Act;
‘‘(2) shall not otherwise change the terms or condi-
tions of, or affect the rights or obligations of any per-
son under such a contract or lease;
‘‘(3) shall apply o
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 83
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