30 U.S.C. § 81 — Rights of entrymen of lands subsequently

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 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Editorial Notes CODIFICATION R.S. § 2351 derived from act Mar. 3, 1873, ch. 279, § 5, 17 Stat. 608. TRANSFER OF FUNCTI Executive Documentsons ‘‘Director of the Bureau of Land Management’’ sub- stituted in text for ‘‘Commissioner of the General Land Office’’ on authority of Reorg. Plan No. 3 of 1946, § 403, set out in the Appendix to Title 5, Government Organi- zation and Employees. See also note set out under section 1 of this title. INDIAN LANDS EXCEPTED See note set out under section 71 of this title. § 76. Reservation of rights upon coal lands; sale of certain mining lands Nothing in sections 71 to 75 of this title shall be construed to destroy or impair any rights which may have attached prior to the third day of March, 1873, or to authorize the sale of lands valuable for mines of gold, silver, or copper. (R.S. § 2352.) Editorial Notes CODIFICATION R.S. § 2352 derived from act Mar. 3, 1873, ch. 279, § 6, 17 Stat. 608. Executive Documents INDIAN LANDS EXCEPTED See note set out under section 71 of this title. § 77. Alabama coal lands; agricultural entry Unreserved public lands containing coal depos- its in the State of Alabama which on April 23, 1912, were being withheld from homestead entry under the provisions of section 171 of this title, may be entered under the homestead laws of the United States subject to the provisions, terms, conditions, and limitations prescribed in sec- tions 83 to 85 of this title. (Apr. 23, 1912, ch. 87, 37 Stat. 90.) SUBCHAPTER II—COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH RESERVATION OF COAL TO UNITED STATES § 81. Rights of entrymen of lands subsequently classified as coal lands; disposal of coal de- posits Any person who has in good faith located, se- lected, or entered under the nonmineral land laws of the United States any lands which subse- quently are classified, claimed, or reported as being valuable for coal, may, if he shall so elect, and upon making satisfactory proof of compli- ance 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 con- ditions as to security for and payment of all damages to such owner caused thereby as may be determined by a court of competent jurisdic- tion. The owner under such patent shall have the right to mine coal for use on the land for do- mestic purposes prior to the disposal by the United States of the coal deposit. Nothing here- in 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 en- tered by him. Such locator, selector, or entryman who has made or shall make final proof showing good faith and satisfactory com- pliance with the law under which his land is claimed shall be entitled to a patent without reservation unless at the time of such final 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 only to land with respect to which the United States is the owner of coal reserved to the United States in a patent issued under the Act of March 3, 1909 (30 U.S.C. 81), or the Act of June 22, 1910 (30 U.S.C. 83 et seq.), the position of the United States as the owner of the coal not having passed to a third party by deed, patent or other conveyance by the United States; ‘‘(4) shall not apply to any interest in coal or land conveyed, restored, or transferred by the United States to a federally recognized Indian tribe, includ- ing any conveyance, restoration, or transfer made pursuant to the Indian Reorganization Act, June 18, 1934 (c. 576, 48 Stat. 984, as amended) [25 U.S.C. 5101 et seq.]; the Act of June 28, 1938 (c. 776, 52 Stat. 1209 as implemented by the order of September 14, 1938, 3 Fed. Reg. 1425); and including the area described in section 3 of Public Law 98–290 [former 25 U.S.C. 668 note]; or any executive order; ‘‘(5) shall not be construed to constitute a waiver of any rights of the United States with respect to coal- bed methane production that is not subject to sub- section (a); and ‘‘(6) shall not limit the right of any person who en- tered into a contract or lease before the date of en- actment of this Act [Nov. 10, 1998], or enters into a contract or lease on or after the date of enactment of this Act, for coal owned by the United States, to mine and remove the coal and to release coalbed methane without liability to any person referred to in subsection (a)(1)(A) or (a)(2).’’ Similar provisions were contained in Pub. L. 105–277, div. A, § 101(e) [title III, § 349], Oct. 21, 1998, 112 Stat. 2681–231, 2681–300. LANDS IN NORTH PLATTE RECLAMATION PROJECT; MINERAL RIGHTS Patents for lands in North Platte Reclamation Proj- ect not to contain reservations of minerals in certain cases, see section 125 of this title. § 82. New or supplemental patents, in case of lands subsequently classified as noncoal The Secretary of the Interior is authorized and directed in cases where patents for public lands have been issued to entrymen under the provi- sions of sections 81 and 83 to 85 of this title, re- serving to the United States all coal deposits therein, and lands so patented are subsequently classified as noncoal in character, to issue new or supplemental patents without such reserva- tion. (Apr. 14, 1914, ch. 55, 38 Stat. 335.) § 83. Homestead or desert-land and other entries 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, and to withdrawal under the Act ap- proved 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 home- stead entries made hereunder shall be subject to the conditions, as to residence and cultivation, of entries under section 218 of title 43. Those who have initiated nonmineral entries, selec- tions, 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. (June 22, 1910, ch. 318, § 1, 36 Stat. 583; June 16, 1955, ch. 145, § 1, 69 Stat. 138.) Editorial Notes REFERENCES IN TEXT The Act approved June seventeenth, nineteen hun- dred and two, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclama- tion Act, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables. AMENDMENTS 1955—Act June 16, 1955, removed 160-acre limitation on desert entry. Statutory Notes and Related Subsidiaries ADDITIONAL DESERT-LAND ENTRY Act June 16, 1955, ch. 145, § 3, 69 Stat. 138, as amended by Pub. L. 85–641, § 2, Aug. 14, 1958, 72 Stat. 596, provided that: ‘‘Any person who, prior to June 16, 1955, made a valid desert-land entry on lands subject to such Act of June 22, 1910 [sections 83 to 85 of this title], or of July 17, 1914 [sections 121 to 123 of this title], may, if other- wise qualified, make one additional entry, as a personal privilege, not assignable, upon one or more tracts of desert land subject to the provisions of such Acts, as hereby amended, and section 7 of the Act entitled ‘An Act to stop injury to the public grazing lands by pre- venting overgrazing and soil deterioration, to provide for their orderly use, improvement, and development to