§ 88. — Disposition of coal by United States.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 30USC88]
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. 88. Disposition of coal by United States
If the coal-land laws have been or shall be extended over lands
applied for, entered, or patented hereunder the coal deposits therein
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 applied for, entered, or patented
under sections 86 to 89 of this title, for the purpose of prospecting
for coal thereon, if such coal deposits are then subject to disposition,
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 lands, 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 personal 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 made under the applicable land laws of the United States
for any such surplus lands which have been or may be classified as coal
lands with a view of disproving such classification and securing a
patent without reservation.
(Feb. 27, 1917, ch. 133, Sec. 3, 39 Stat. 945.)
Section Referred to in Other Sections
This section is referred to in sections 87, 89 of this title.
