§ 81. — Rights of entrymen of lands subsequently classified as coal lands; disposal of coal deposits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC81]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 3--LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC MATERIALS,
SODIUM, SULPHUR, AND BUILDING STONE
SUBCHAPTER II--COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH
RESERVATION OF COAL TO UNITED STATES
Sec. 81. Rights of entrymen of lands subsequently classified as
coal lands; disposal of coal deposits
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.
(Mar. 3, 1909, ch. 270, 35 Stat. 844.)
Protection of Sanctity of Contracts and Leases of Surface Patent Holders
With Respect to Coalbed Methane Gas
Pub. L. 105-367, Sec. 1, Nov. 10, 1998, 112 Stat. 3313, provided
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 described in
subsection (a)(1) by a person who has title to said land and who, on
or before the date of enactment of this Act [Nov. 10, 1998], has
filed an application 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 described in
subsection (a) that is in effect on the date of enactment of this
Act;
``(2) shall not otherwise change the terms or conditions of, or
affect the rights or obligations of any person 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, including 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. 461 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 [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 coalbed methane
production that is not subject to subsection (a); and
``(6) shall not limit the right of any person who entered into a
contract or lease before the date of enactment 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,
Sec. 101(e) [title III, Sec. 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 Project not to contain
reservations of minerals in certain cases, see section 125 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 82, 125, 541c of this title.
