§ 85. — Patents for lands, with reservation of coal; 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: 30USC85]
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. 85. Patents for lands, with reservation of coal; disposal
of coal deposits
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. Nothing herein
contained shall be held to deny or abridge the right to present and have
prompt consideration of applications to locate, enter, or select, under
the land laws of the United States, lands which have been classified as
coal lands with a view of disproving such classification and securing a
patent without reservation.
(June 22, 1910, ch. 318, Sec. 3, 36 Stat. 584.)
References in Text
The land laws, referred to in text, are classified generally to
Title 43, Public Lands.
Supplemental Provisions
See note set out under section 83 of this title.
Section Referred to in Other Sections
This section is referred to in sections 77, 82, 83, 84, 90, 541c of
this title.
