§ 83. — Homestead or desertland and other entries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC83]
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. 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which have been withdrawn or classified as coal lands, or are valuable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 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. 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on lands withdrawn or classified as coal lands may perfect the same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.
(June 22, 1910, ch. 318, Sec. 1, 36 Stat. 583; June 16, 1955, ch. 145,
Sec. 1, 69 Stat. 138.)
References in Text
The homestead laws, referred to in text, are classified generally to
chapter 7 (Sec. 161 et seq.) of Title 43, Public Lands.
The desert-land law, referred to in text, is classified generally to
chapter 9 (Sec. 321 et seq.) of Title 43.
The Reclamation Act, referred to in text, is act June 17, 1902, ch.
1093, 32 Stat. 388, as amended, which is classified generally to chapter
12 (Sec. 371 et seq.) of Title 43. The withdrawal provision of such Act
is classified to section 416 of Title 43. 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.
Additional Desert-Land Entry
Section 3 of act June 16, 1955, as amended by Pub. L. 85-641,
Sec. 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 otherwise
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
preventing overgrazing and soil deterioration, to provide for their
orderly use, improvement, and development to stabilize the livestock
industry dependent upon the public range, and for other purposes',
approved June 28, 1934, as amended (48 Stat. 1269, 1272; 43 U.S.C.
315f). The additional land entered by any person pursuant to this
section shall not, together with his original entry, exceed three
hundred and twenty acres, and all the tracts included within the
additional entry authorized by this section shall be sufficiently close
to each other to be managed satisfactorily as an economic unit, as
determined under rules and regulations issued by the Secretary of the
Interior. Additional entries authorized by this section shall be subject
to all the requirements of the desert-land law.''
Supplemental Provisions
Section 90 of this title, act Apr. 30, 1912, ch. 99, 37 Stat. 105,
supplements this section by making provisions for the selection of coal
lands by the several States, and for their sale under the laws providing
for the sale of isolated or disconnected tracts of public lands.
Section Referred to in Other Sections
This section is referred to in sections 77, 82, 84, 85, 90, 541c of
this title.
