-CITE-

30 USC CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS,

SALTS, ASPHALTIC MATERIALS, SODIUM, SULPHUR,

AND BUILDING STONE 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

-HEAD-

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

-MISC1-

SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

Sec.

71. Entry of unappropriated or unreserved Federal coal

lands; eligibility; application; acreage limitation;

price per acre.

72. Preference right of coal mine entry; acreage

limitation.

73. Presentation of claims.

74. Number of coal land entries; other entries upon

noncompliance with conditions.

75. Conflicting claims upon coal lands; rules and

regulations.

76. Reservation of rights upon coal lands; sale of certain

mining lands.

77. Alabama coal lands; agricultural entry.

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 deposits.

82. New or supplemental patents, in case of lands

subsequently classified as noncoal.

83. Homestead or desert-land and other entries.

84. Applications for entry.

85. Patents for lands, with reservation of coal; disposal

of coal deposits.

86. Disposition of lands in Indian reservations with

reservation of coal; examination and appraisal of

lands.

87. Statements in application; patents.

88. Disposition of coal by United States.

89. Disposition of proceeds.

90. Selection of coal lands by States; sale in isolated or

disconnected tracts.

SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES

UNDER MINING LAWS

101. Omitted.

102. Assessment work on contiguous oil lands, located as

claims, of same owner.

103. Patents for oil or gas lands not denied because of

transfer before discovery of oil or gas; acreage

limitation; nonapplication to withdraw lands.

104. Agreements with applicants for patents as to

disposition of oil or gas, or proceeds thereof,

pending determination of title; Navy Petroleum Fund.

SUBCHAPTER IV - HOMESTEAD ENTRY OF LANDS IN UTAH, WITHDRAWN OR

CLASSIFIED AS OIL LANDS

111 to 113. Repealed.

SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED

AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL, GAS, ASPHALTIC

MINERALS, SODIUM, OR SULPHUR

121. Agricultural entry or purchase of lands withdrawn or

classified as containing phosphate, nitrate, potash,

oil, or gas; reservations to United States;

application.

122. Patents; reservation in the United States of reserved

deposits; acquisition of right to remove deposits;

application for entry to disprove classification.

123. Persons locating lands subsequently withdrawn or

classified; patents to.

124. Agricultural entry or purchase of lands withdrawn or

classified as containing sodium or sulphur.

125. Patents in North Platte Reclamation Project; mineral

rights; subrogation.

SUBCHAPTER VI - LOCATION OF PHOSPHATE ROCK LANDS UNDER

PLACER-MINING LAWS

131. Omitted.

SUBCHAPTER VII - PERMITS TO PROSPECT FOR CHLORIDES, SULPHATES,

CARBONATES, BORATES, SILICATES, OR NITRATES OF POTASSIUM

141 to 152. Repealed.

SUBCHAPTER VIII - BUILDING STONE OR SALINE LAND ENTRIES UNDER

PLACER-MINING LAWS

161. Entry of building-stone lands; previous law

unaffected.

162. Entry of saline lands; limitation.

SUBCHAPTER IX - DISPOSAL OF ALABAMA LANDS AS AGRICULTURAL LANDS

171. Disposal as agricultural lands.

172. Certain Alabama lands subject to homestead entry.

-End-

-CITE-

30 USC SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-

SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-End-

-CITE-

30 USC Sec. 71 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-

Sec. 71. Entry of unappropriated or unreserved Federal coal lands;

eligibility; application; acreage limitation; price per acre

-STATUTE-

Every person above the age of twenty-one years, who is a citizen

of the United States, or who has declared his intention to become

such, or any association of persons severally qualified as above,

shall, upon application to the register of the proper land office,

have the right to enter, by legal subdivisions, any quantity of

vacant coal lands of the United States not otherwise appropriated

or reserved by competent authority, not exceeding one hundred and

sixty acres to such individual person, or three hundred and twenty

acres to such association, upon payment to the register of not less

than $10 per acre for such lands, where the same shall be situated

more than fifteen miles from any completed railroad, and not less

than $20 per acre for such lands as shall be within fifteen miles

of such road.

-SOURCE-

(R.S. Sec. 2347; Mar. 3, 1925, ch. 462, 43 Stat. 1145.)

-COD-

CODIFICATION

R.S. Sec. 2347 derived from act Mar. 3, 1873, ch. 279, Sec. 1, 17

Stat. 607.

-MISC1-

AMENDMENTS

1925 - Act Mar. 3, 1925, affected words which now read "upon

payment to the register of not less than." Such words originally

read "upon payment to the receiver of not less than." Such act

consolidated the offices of receiver and register.

-TRANS-

TRANSFER OF FUNCTIONS

Office of register of district land office abolished and all

functions of register transferred to Secretary of the Interior, or

to officers and agencies of Department of the Interior as Secretary

may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July

16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to

Title 5, Government Organization and Employees.

See also note set out under section 1 of this title.

-MISC2-

INDIAN LANDS EXCEPTED

Commenting on this section and sections 72 to 76 of this title

the Department of the Interior says:

"While there may be some Indian lands still subject to coal entry

by virtue of the provisions of law opening such lands to entry, the

coal land laws generally were superseded by the leasing Act of Feb.

25, 1920, 41 Stat. 437 [section 181 et seq. of this title], and it

is at least questionable whether the coal land laws should be

carried into the Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 72, 74, 75, 76, 102 of this title.

-End-

-CITE-

30 USC Sec. 72 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-

Sec. 72. Preference right of coal mine entry; acreage limitation

-STATUTE-

Any person or association of persons severally qualified, as

provided in section 71 of this title, who have opened and improved,

or shall open and improve, any coal mine or mines upon the public

lands, and shall be in actual possession of the same, shall be

entitled to a preference right of entry, under section 71 of this

title, of the mines so opened and improved: Provided, That when any

association of not less than four persons, severally qualified as

provided in section 71 of this title, shall have expended not less

than $5,000 in working and improving any such mine or mines, such

association may enter not exceeding six hundred and forty acres,

including such mining improvements.

-SOURCE-

(R.S. Sec. 2348.)

-COD-

CODIFICATION

R.S. Sec. 2348 derived from act Mar. 3, 1873, ch. 279, Sec. 2, 17

Stat. 607.

-MISC1-

INDIAN LANDS EXCEPTED

See note set out under section 71 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 73, 74, 75, 76, 102 of this title.

-End-

-CITE-

30 USC Sec. 73 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-

Sec. 73. Presentation of claims

-STATUTE-

All claims under section 72 of this title must be presented to

the register of the proper land district within sixty days after

the date of actual possession and the commencement of improvements

on the land, by the filing of a declaratory statement therefor; but

when the township plat is not on file at the date of such

improvement, filing must be made within sixty days from the receipt

of such plat at the district office.

-SOURCE-

(R.S. Sec. 2349.)

-COD-

CODIFICATION

R.S. Sec. 2349 derived from act Mar. 3, 1873, ch. 279, Sec. 3, 17

Stat. 607.

-TRANS-

TRANSFER OF FUNCTIONS

Office of register of district land office abolished and all

functions of register transferred to Secretary of the Interior, or

to officers and agencies of Department of the Interior as Secretary

may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July

16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to

Title 5, Government Organization and Employees.

See also note set out under section 1 of this title.

-MISC1-

INDIAN LANDS EXCEPTED

See note set out under section 71 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 74, 75, 76, 102 of this title.

-End-

-CITE-

30 USC Sec. 74 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-

Sec. 74. Number of coal land entries; other entries upon

noncompliance with conditions

-STATUTE-

Sections 71 to 73 of this title shall be held to authorize only

one entry by the same person or association of persons; and no

association of persons any member of which shall have taken the

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 provisions thereof; and no member of any association which

shall have taken the benefit of such sections 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 prescribed 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.

-SOURCE-

(R.S. Sec. 2350.)

-COD-

CODIFICATION

R.S. Sec. 2350 derived from act Mar. 3, 1873, ch. 279, Sec. 4, 17

Stat. 607.

-MISC1-

INDIAN LANDS EXCEPTED

See note set out under section 71 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 75, 76, 102 of this title.

-End-

-CITE-

30 USC Sec. 75 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-

Sec. 75. Conflicting claims upon coal lands; rules and regulations

-STATUTE-

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 improvements of the respective parties. The

Director of the Bureau of Land Management is authorized to issue

all needful rules and regulations for carrying into effect the

provisions of this section and sections 71 to 74 of this title.

-SOURCE-

(R.S. Sec. 2351; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-

CODIFICATION

R.S. Sec. 2351 derived from act Mar. 3, 1873, ch. 279, Sec. 5, 17

Stat. 608.

-TRANS-

TRANSFER OF FUNCTIONS

"Director of the Bureau of Land Management" substituted in text

for "Commissioner of the General Land Office" on authority of

Reorg. Plan No. 3 of 1946, Sec. 403, set out in the Appendix to

Title 5, Government Organization and Employees.

See also note set out under section 1 of this title.

-MISC1-

INDIAN LANDS EXCEPTED

See note set out under section 71 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 76, 102 of this title.

-End-

-CITE-

30 USC Sec. 76 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-

Sec. 76. Reservation of rights upon coal lands; sale of certain

mining lands

-STATUTE-

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.

-SOURCE-

(R.S. Sec. 2352.)

-COD-

CODIFICATION

R.S. Sec. 2352 derived from act Mar. 3, 1873, ch. 279, Sec. 6, 17

Stat. 608.

-MISC1-

INDIAN LANDS EXCEPTED

See note set out under section 71 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 102 of this title.

-End-

-CITE-

30 USC Sec. 77 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-

Sec. 77. Alabama coal lands; agricultural entry

-STATUTE-

Unreserved public lands containing coal deposits 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

sections 83 to 85 of this title.

-SOURCE-

(Apr. 23, 1912, ch. 87, 37 Stat. 90.)

-REFTEXT-

REFERENCES IN TEXT

The homestead laws of the United States, referred to in text, are

classified generally to chapter 7 (Sec. 161 et seq.) of Title 43,

Public Lands.

-End-

-CITE-

30 USC SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL

LAND LAWS WITH RESERVATION OF COAL TO UNITED

STATES 01/06/03

-EXPCITE-

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

-HEAD-

SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH

RESERVATION OF COAL TO UNITED STATES

-End-

-CITE-

30 USC Sec. 81 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 81. Rights of entrymen of lands subsequently classified as

coal lands; disposal of coal deposits

-STATUTE-

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.

-SOURCE-

(Mar. 3, 1909, ch. 270, 35 Stat. 844.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 82, 125, 541c of this

title.

-End-

-CITE-

30 USC Sec. 82 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 82. New or supplemental patents, in case of lands subsequently

classified as noncoal

-STATUTE-

The Secretary of the Interior is authorized and directed in cases

where patents for public lands have been issued to entrymen under

the provisions of sections 81 and 83 to 85 of this title, reserving

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 reservation.

-SOURCE-

(Apr. 14, 1914, ch. 55, 38 Stat. 335.)

-End-

-CITE-

30 USC Sec. 83 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 83. Homestead or desert-land and other entries

-STATUTE-

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.

-SOURCE-

(June 22, 1910, ch. 318, Sec. 1, 36 Stat. 583; June 16, 1955, ch.

145, Sec. 1, 69 Stat. 138.)

-REFTEXT-

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.

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 77, 82, 84, 85, 90, 541c

of this title.

-End-

-CITE-

30 USC Sec. 84 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 84. Applications for entry

-STATUTE-

Any person desiring to make entry under the homestead laws or the

desert-land law, any State desiring to make selection under section

641 of title 43, and the Secretary of the Interior in withdrawing

under the Reclamation Act lands classified as coal lands, or

valuable for coal, with a view of securing or passing title to the

same in accordance with the provisions of said Acts, shall state in

the application for entry, selection, or notice of withdrawal that

the same is made in accordance with and subject to the provisions

and reservations of sections 83 to 85 of this title.

-SOURCE-

(June 22, 1910, ch. 318, Sec. 2, 36 Stat. 584.)

-REFTEXT-

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.

-MISC1-

SUPPLEMENTAL PROVISIONS

See note set out under section 83 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 77, 82, 83, 85, 90, 541c

of this title.

-End-

-CITE-

30 USC Sec. 85 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 85. Patents for lands, with reservation of coal; disposal of

coal deposits

-STATUTE-

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.

-SOURCE-

(June 22, 1910, ch. 318, Sec. 3, 36 Stat. 584.)

-REFTEXT-

REFERENCES IN TEXT

The land laws, referred to in text, are classified generally to

Title 43, Public Lands.

-MISC1-

SUPPLEMENTAL PROVISIONS

See note set out under section 83 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 77, 82, 83, 84, 90, 541c

of this title.

-End-

-CITE-

30 USC Sec. 86 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 86. Disposition of lands in Indian reservations with

reservation of coal; examination and appraisal of lands

-STATUTE-

In any Indian reservation opened to settlement and entry pursuant

to a classification of the surplus lands therein as mineral and

nonmineral, such surplus lands not otherwise reserved or disposed

of, which have been or may be withdrawn or classified as coal lands

or are valuable for coal deposits, shall be subject to the same

disposition as is or may be prescribed by law for the nonmineral

lands in such reservation whenever proper application shall be made

with a view of obtaining title to such lands, with a reservation to

the United States of the coal deposits therein and of the right to

prospect for, mine, and remove the same. Such surplus lands, prior

to any disposition hereunder, shall be examined, separated into

classes the same as are the nonmineral lands in such reservations,

and appraised, as to their value, exclusive of the coal deposits

therein, under such rules and regulations as shall be prescribed by

the Secretary of the Interior for that purpose.

-SOURCE-

(Feb. 27, 1917, ch. 133, Sec. 1, 39 Stat. 944.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 87, 88, 89 of this title.

-End-

-CITE-

30 USC Sec. 87 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 87. Statements in application; patents

-STATUTE-

Any applicant for lands mentioned in section 86 of this title

shall state in his application that the same is made in accordance

with and subject to the provisions and reservations of sections 86

to 89 of this title, and upon submission of satisfactory proof of

full compliance with the provisions of law under which application

or entry is made and of sections 86 to 89 of this title shall be

entitled to a patent to the lands applied for and entered by him,

which patent shall contain a reservation to the United States of

all the coal deposits in the lands so patented, together with the

right to prospect for, mine, and remove the same.

-SOURCE-

(Feb. 27, 1917, ch. 133, Sec. 2, 39 Stat. 945.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 88, 89 of this title.

-End-

-CITE-

30 USC Sec. 88 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 88. Disposition of coal by United States

-STATUTE-

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.

-SOURCE-

(Feb. 27, 1917, ch. 133, Sec. 3, 39 Stat. 945.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 87, 89 of this title.

-End-

-CITE-

30 USC Sec. 89 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 89. Disposition of proceeds

-STATUTE-

The net proceeds derived from the sale and entry of surplus lands

in conformity with the provisions of sections 86 to 89 of this

title shall be paid into the Treasury of the United States to the

credit of the same fund under the same conditions and limitations

as are or may be prescribed by law for the disposition of the

proceeds arising from the disposal of other surplus lands in such

Indian reservation. The provisions of sections 86 to 89 of this

title shall not apply to the lands of the Five Civilized Tribes of

Indians in Oklahoma.

-SOURCE-

(Feb. 27, 1917, ch. 133, Sec. 4, 39 Stat. 945.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 87, 88 of this title.

-End-

-CITE-

30 USC Sec. 90 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 90. Selection of coal lands by States; sale in isolated or

disconnected tracts

-STATUTE-

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, in addition to the classes of entries

or filings described in sections 83 to 85 of this title be subject

to selection by the several States within whose limits the lands

are situate, under grants made by Congress, and to disposition, in

the discretion of the Secretary of the Interior, under the laws

providing for the sale of isolated or disconnected tracts of public

lands, but there shall be a reservation to the United States of the

coal in all such lands so selected or sold and of the right to

prospect for, mine, and remove the same in accordance with the

provisions of said sections, and such lands shall be subject to all

the conditions and limitations of said sections.

-SOURCE-

(Apr. 30, 1912, ch. 99, 37 Stat. 105.)

-MISC1-

SUPPLEMENTAL PROVISIONS

Act Apr. 30, 1912, is supplemental to sections 83 to 85 of this

title.

-End-

-CITE-

30 USC SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR

GAS LAND ENTRIES UNDER MINING LAWS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES

UNDER MINING LAWS

-HEAD-

SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES

UNDER MINING LAWS

-End-

-CITE-

30 USC Sec. 101 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES

UNDER MINING LAWS

-HEAD-

Sec. 101. Omitted

-COD-

CODIFICATION

Section, act Feb. 11, 1897, ch. 216, 29 Stat. 526, related to

entry of mineral oil lands under placer mining laws. See section

181 et seq. of this title.

-MISC1-

SAVINGS PROVISION

Section 193 of this title contains a savings provision protecting

valid claims in existence on Feb. 20, 1920.

-End-

-CITE-

30 USC Sec. 102 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES

UNDER MINING LAWS

-HEAD-

Sec. 102. Assessment work on contiguous oil lands, located as

claims, of same owner

-STATUTE-

Where oil lands are located under the provisions of sections 21,

22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this

title and section 661 of title 43 as placer mining claims, the

annual assessment labor upon such claims may be done upon any one

of a group of claims lying contiguous and owned by the same person

or corporation, not exceeding five claims in all, where such labor

will tend to the development or to determine the oil-bearing

character of such contiguous claims.

-SOURCE-

(Feb. 12, 1903, ch. 548, 32 Stat. 825.)

-REFTEXT-

REFERENCES IN TEXT

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71

to 76 of this title and section 661 of title 43, referred to in

text, were in the original "title thirty-two, chapter six, Revised

Statutes of the United States", consisting of R.S. Secs. 2318 to

2352.

-End-

-CITE-

30 USC Sec. 103 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES

UNDER MINING LAWS

-HEAD-

Sec. 103. Patents for oil or gas lands not denied because of

transfer before discovery of oil or gas; acreage limitation;

nonapplication to withdraw lands

-STATUTE-

In no case shall patent be denied to or for any lands located or

claimed prior to March 2, 1911, under the mining laws of the United

States containing petroleum, mineral oil, or gas solely because of

any transfer or assignment thereof or of any interest or interests

therein by the original locator or locators, or any of them, to any

qualified persons or person or corporation, prior to discovery of

oil or gas therein, but if such claim is in all other respects

valid and regular, patent therefor not exceeding one hundred and

sixty acres in any one claim shall issue to the holder or holders

thereof, as in other cases. The above provisions shall not apply

where such lands were at the time of inception of development on or

under such claim withdrawn from mineral entry.

-SOURCE-

(Mar. 2, 1911, ch. 201, Sec. 1, 36 Stat. 1015.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States, referred to in text, are

classified generally to this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 104 of this title.

-End-

-CITE-

30 USC Sec. 104 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES

UNDER MINING LAWS

-HEAD-

Sec. 104. Agreements with applicants for patents as to disposition

of oil or gas, or proceeds thereof, pending determination of

title; Navy Petroleum Fund

-STATUTE-

Where applications for patents have been or may be offered for

any oil or gas land included in an order of withdrawal upon which

oil or gas had been discovered, or was being produced prior to

March 2, 1911, or upon which drilling operations were in actual

progress on October 3, 1910, and oil or gas is thereafter

discovered thereon, and where there has been no final determination

by the Secretary of the Interior upon such applications for patent,

said Secretary, in his discretion, may enter into agreements, under

such conditions as he may prescribe with such applicants for

patents in possession of such land or any portions thereof,

relative to the disposition of the oil or gas produced therefrom or

the proceeds thereof, pending final determination of the title

thereto by the Secretary of the Interior, or such other disposition

of the same as may be authorized by law. Any money which may accrue

to the United States under the provisions of sections 103 and 104

of this title from lands within the Naval Petroleum Reserves shall

be set aside for the needs of the Navy and deposited in the

Treasury to the credit of a fund to be known as the Navy Petroleum

Fund, which fund shall be applied to the needs of the Navy as

Congress may from time to time direct, by appropriation or

otherwise.

-SOURCE-

(Mar. 2, 1911, ch. 201, Sec. 2, as added Aug. 25, 1914, ch. 287, 38

Stat. 708.)

-End-

-CITE-

30 USC SUBCHAPTER IV - HOMESTEAD ENTRY OF LANDS IN UTAH,

WITHDRAWN OR CLASSIFIED AS OIL LANDS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER IV - HOMESTEAD ENTRY OF LANDS IN UTAH, WITHDRAWN OR

CLASSIFIED AS OIL LANDS

-HEAD-

SUBCHAPTER IV - HOMESTEAD ENTRY OF LANDS IN UTAH, WITHDRAWN OR

CLASSIFIED AS OIL LANDS

-End-

-CITE-

30 USC Secs. 111 to 113 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER IV - HOMESTEAD ENTRY OF LANDS IN UTAH, WITHDRAWN OR

CLASSIFIED AS OIL LANDS

-HEAD-

Secs. 111 to 113. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.

1028

-MISC1-

Section 111, act Aug. 24, 1912, ch. 367, Sec. 1, 37 Stat. 496,

related to homestead entry of lands in Utah.

Section 112, act Aug. 24, 1912, ch. 367, Sec. 2, 37 Stat. 496,

related to required information in the application for entry.

Section 113, act Aug. 24, 1912, ch. 367, Sec. 3, 37 Stat. 496,

related to reservation of oil and gas to the United States in the

lands entered.

Provisions on entry of lands withdrawn or classified as oil lands

are contained in sections 121 to 123 of this title.

-End-

-CITE-

30 USC SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS

WITHDRAWN OR CLASSIFIED AS CONTAINING

PHOSPHATE, NITRATE, POTASH, OIL, GAS,

ASPHALTIC MINERALS, SODIUM, OR SULPHUR 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED

AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,

GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR

-HEAD-

SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED

AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL, GAS, ASPHALTIC

MINERALS, SODIUM, OR SULPHUR

-End-

-CITE-

30 USC Sec. 121 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED

AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,

GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR

-HEAD-

Sec. 121. Agricultural entry or purchase of lands withdrawn or

classified as containing phosphate, nitrate, potash, oil, or gas;

reservations to United States; application

-STATUTE-

Lands withdrawn or classified as phosphate, nitrate, potash, oil,

gas, or asphaltic minerals, or which are valuable for those

deposits, shall be subject to appropriation, location, selection,

entry, or purchase, if otherwise available, under the nonmineral

land laws of the United States, whenever such location, selection,

entry, or purchase shall be made with a view of obtaining or

passing title with a reservation to the United States of the

deposits on account of which the lands were withdrawn or classified

or reported as valuable, together with the right to prospect for,

mine, and remove the same. All applications to locate, select,

enter, or purchase under this section shall state that the same are

made in accordance with and subject to the provisions and

reservations of sections 121 to 123 of this title.

-SOURCE-

(July 17, 1914, ch. 142, Sec. 1, 38 Stat. 509; June 16, 1955, ch.

145, Sec. 2, 69 Stat. 138.)

-MISC1-

AMENDMENTS

1955 - Act June 16, 1955, removed 160-acre limitation on desert

entry.

ADDITIONAL DESERT-LAND ENTRY

Increase of limitation with respect to desert entries to 320

acres, see note set out under section 83 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 122, 124, 125 of this

title.

-End-

-CITE-

30 USC Sec. 122 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED

AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,

GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR

-HEAD-

Sec. 122. Patents; reservation in the United States of reserved

deposits; acquisition of right to remove deposits; application

for entry to disprove classification

-STATUTE-

Upon satisfactory proof of full compliance with the provisions of

the laws under which the location, selection, entry, or purchase is

made, the locator, selector, entryman, or purchaser shall be

entitled to a patent to the land located, selected, entered, or

purchased, which patent shall contain a reservation to the United

States of the deposits on account of which the lands so patented

were withdrawn or classified or reported as valuable, together with

the right to prospect for, mine, and remove the same, such deposits

to be subject to disposal by the United States only as shall be

hereafter expressly directed by law: Provided, however, That all

mineral deposits heretofore or hereafter reserved to the United

States under sections 121 to 123 of this title which are subject,

at the time of application for patent, to valid and subsisting

rights acquired by discovery and location under the mining laws of

the United States made prior to the date of the Mineral Leasing Act

of February 25, 1920 [30 U.S.C. 181 et seq.], shall hereafter be

subject to disposal to the holders of those valid and subsisting

rights by patent under the mining laws of the United States in

force at the time of such disposal. Any person qualified to acquire

the reserved deposits may enter upon said lands with a view of

prospecting for the same 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, the measure of any such

damage to be fixed by agreement of parties or by a court of

competent jurisdiction. Any person who has acquired from the United

States the title to or the right to mine and remove the reserved

deposits, should the United States dispose of the mineral deposits

in lands, 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 minerals therefrom, and mine and remove such

minerals, upon payment of damages caused thereby to the owner of

the land, or upon giving a good and sufficient bond or undertaking

therefor in an action instituted in any competent court to

ascertain and fix said damages. Nothing herein contained shall be

held to deny or abridge the right to present and have prompt

consideration of applications to locate, select, enter, or

purchase, under the land laws of the United States, lands which

have been withdrawn or classified as phosphate, nitrate, potash,

oil, gas, or asphaltic mineral lands, with a view of disproving

such classification and securing patent without reservation, nor

shall persons who have located, selected, entered, or purchased

lands subsequently withdrawn, or classified as valuable for said

mineral deposits, be debarred from the privilege of showing, at any

time before final entry, purchase, or approval of selection or

location, that the lands entered, selected, or located are in fact

nonmineral in character.

-SOURCE-

(July 17, 1914, ch. 142, Sec. 2, 38 Stat. 509; July 20, 1956, ch.

652, 70 Stat. 592.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States, referred to in text, are

classified generally to this title.

The Mineral Leasing Act of February 25, 1920, referred to in

text, is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which

is classified generally to chapter 3A (Sec. 181 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 181 of this title and

Tables.

The land laws of the United States, referred to in text, are

classified generally to Title 43, Public Lands.

-MISC1-

AMENDMENTS

1956 - Act July 20, 1956, permitted disposal of mineral deposits

which are subject, at the time of application for patent, to valid

and subsisting rights acquired by discovery and location under the

mining laws made prior to Feb. 25, 1920.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 121, 124, 125 of this

title.

-End-

-CITE-

30 USC Sec. 123 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED

AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,

GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR

-HEAD-

Sec. 123. Persons locating lands subsequently withdrawn or

classified; patents to

-STATUTE-

Any person who has, in good faith, located, selected, entered, or

purchased, or any person who shall locate, select, enter, or

purchase, after July 17, 1914, under the nonmineral land laws of

the United States, any lands which are subsequently withdrawn,

classified, or reported as being valuable for phosphate, nitrate,

potash, oil, gas, or asphaltic minerals, may, upon application

therefor, and making satisfactory proof of compliance with the laws

under which such lands are claimed, receive a patent therefor,

which patent shall contain a reservation to the United States of

all deposits on account of which the lands were withdrawn,

classified, or reported as being valuable, together with the right

to prospect for, mine, and remove the same.

-SOURCE-

(July 17, 1914, ch. 142, Sec. 3, 38 Stat. 510.)

-MISC1-

NORTH PLATTE RECLAMATION PROJECT; ENTRY PRIOR TO JULY 17, 1914;

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 121, 122, 124, 125 of

this title.

-End-

-CITE-

30 USC Sec. 124 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED

AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,

GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR

-HEAD-

Sec. 124. Agricultural entry or purchase of lands withdrawn or

classified as containing sodium or sulphur

-STATUTE-

Lands withdrawn, classified, or reported as valuable for sodium

and/or sulphur and subject to prospecting, leasing, or development

under the General Leasing Act of February 25, 1920, or Acts

amendatory thereof or supplementary thereto [30 U.S.C. 181 et

seq.], shall be subject to appropriation, location, selection,

entry, or purchase if otherwise available in the form and manner

and subject to the reservations, provisions, limitations, and

conditions of the Act of Congress approved July 17, 1914 (38 Stat.

L. 509; U.S.C., title 30, sec. 123); Provided, however, That lands

lying within the geologic structure of a field, or withdrawn,

classified, or reported as valuable for any of the minerals named

herein and/or in any of said sections, or upon which leases or

prospecting permits have been applied for or granted, for the

production of any of such minerals, shall not be subject to such

appropriation, location, selection, entry, or purchase unless it

shall be determined by the Secretary of the Interior that such

disposal will not unreasonably interfere with operations under said

sections.

-SOURCE-

(Mar. 4, 1933, ch. 278, 47 Stat. 1570.)

-REFTEXT-

REFERENCES IN TEXT

The General Leasing Act of February 25, 1920, referred to in

text, probably means the Mineral Leasing Act of 1920, act Feb. 25,

1920, ch. 85, 41 Stat. 437, as amended, which is classified

generally to chapter 3A (Sec. 181 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 181 of this title and Tables.

The Act of Congress approved July 17, 1914, referred to in text,

is act July 17, 1914, ch. 142, 38 Stat. 509, as amended, which is

classified to sections 121 to 123 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 125 of this title.

-End-

-CITE-

30 USC Sec. 125 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED

AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,

GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR

-HEAD-

Sec. 125. Patents in North Platte Reclamation Project; mineral

rights; subrogation

-STATUTE-

Where reclamation homestead entry was made prior to July 17,

1914, pursuant to the Act of June 17, 1902 (32 Stat. 389, 43 U.S.C.

sec. 431), as supplemented, for lands in the Northport Division or

the Interstate Division of the North Platte Reclamation Project,

and after such entry the lands have been or are hereafter

withdrawn, classified, or reported as being valuable for any of the

minerals named in sections 81 and 121 to 124 of this title, the

patent shall not contain a reservation of such minerals. If any

such mineral deposits on account of which the lands were withdrawn,

classified or reported as being valuable have been leased by the

United States, such patent shall be made subject to the rights of

the lessee, but the patentee shall be subrogated to the rights of

the United States under the lease.

-SOURCE-

(Apr. 17, 1954, ch. 152, 68 Stat. 56.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is act June 17, 1902,

ch. 1093, 32 Stat. 388, as amended, popularly known as the

Reclamation Act, which is classified generally to chapter 12 (Sec.

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.

-End-

-CITE-

30 USC SUBCHAPTER VI - LOCATION OF PHOSPHATE ROCK LANDS

UNDER PLACER-MINING LAWS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER VI - LOCATION OF PHOSPHATE ROCK LANDS UNDER PLACER-MINING

LAWS

-HEAD-

SUBCHAPTER VI - LOCATION OF PHOSPHATE ROCK LANDS UNDER

PLACER-MINING LAWS

-End-

-CITE-

30 USC Sec. 131 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER VI - LOCATION OF PHOSPHATE ROCK LANDS UNDER PLACER-MINING

LAWS

-HEAD-

Sec. 131. Omitted

-COD-

CODIFICATION

Section, act Jan. 11, 1915, ch. 9, 38 Stat. 792, provided for

perfection under placer mining laws of locations made in good faith

prior to Jan. 11, 1915, on public lands containing deposits of

phosphate rock.

-End-

-CITE-

30 USC SUBCHAPTER VII - PERMITS TO PROSPECT FOR

CHLORIDES, SULPHATES, CARBONATES, BORATES,

SILICATES, OR NITRATES OF POTASSIUM 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER VII - PERMITS TO PROSPECT FOR CHLORIDES, SULPHATES,

CARBONATES, BORATES, SILICATES, OR NITRATES OF POTASSIUM

-HEAD-

SUBCHAPTER VII - PERMITS TO PROSPECT FOR CHLORIDES, SULPHATES,

CARBONATES, BORATES, SILICATES, OR NITRATES OF POTASSIUM

-End-

-CITE-

30 USC Secs. 141 to 152 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER VII - PERMITS TO PROSPECT FOR CHLORIDES, SULPHATES,

CARBONATES, BORATES, SILICATES, OR NITRATES OF POTASSIUM

-HEAD-

Secs. 141 to 152. Repealed. Feb. 7, 1927, ch. 66, Sec. 6, 44 Stat.

1058

-MISC1-

Section 141, act Oct. 2, 1917, ch. 62, Sec. 1, 40 Stat. 297,

related to permits to prospect.

Section 142, act Oct. 2, 1917, ch. 62, Sec. 2, 40 Stat. 298,

related to patents to permittees.

Section 143, act Oct. 2, 1917, ch. 62, Sec. 3, 40 Stat. 298,

related to leases to permittees for campsites.

Section 144, act Oct. 2, 1917, ch. 62, Sec. 4, 40 Stat. 299,

related to cancellation of permits.

Section 145, act Oct. 2, 1917, ch. 62, Sec. 5, 40 Stat. 299,

related to restrictions on leasehold interests.

Section 146, act Oct. 2, 1917, ch. 62, Secs. 6, 7, 40 Stat. 299,

related to reservations in leases.

Section 147, act Oct. 2, 1917, ch. 62, Sec. 8, 40 Stat. 300,

related to forfeitures in leases.

Section 148, act Oct. 2, 1917, ch. 62, Sec. 9, 40 Stat. 300,

related to potassium salts deposits.

Section 149, act Oct. 2, 1917, ch. 62, Sec. 10, 40 Stat. 300,

related to disposition of royalties and rentals.

Section 150, act Oct. 2, 1917, ch. 62, Sec. 11, 40 Stat. 300,

related to rules and regulations.

Section 151, act Oct. 2, 1917, ch. 62, Sec. 12, 40 Stat. 300,

related to regulations for disposition of deposits.

Section 152, act Oct. 2, 1917, ch. 62, Sec. 13, 40 Stat. 300,

related to provisions in leases for regulation of price and

disposition of minerals.

-End-

-CITE-

30 USC SUBCHAPTER VIII - BUILDING STONE OR SALINE LAND

ENTRIES UNDER PLACER-MINING LAWS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER VIII - BUILDING STONE OR SALINE LAND ENTRIES UNDER

PLACER-MINING LAWS

-HEAD-

SUBCHAPTER VIII - BUILDING STONE OR SALINE LAND ENTRIES UNDER

PLACER-MINING LAWS

-End-

-CITE-

30 USC Sec. 161 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER VIII - BUILDING STONE OR SALINE LAND ENTRIES UNDER

PLACER-MINING LAWS

-HEAD-

Sec. 161. Entry of building-stone lands; previous law unaffected

-STATUTE-

Any person authorized to enter lands under the mining laws of the

United States may enter lands that are chiefly valuable for

building stone under the provisions of the law in relation to

placer mineral claims. Lands reserved for the benefit of the public

schools or donated to any States shall not be subject to entry

under this section. Nothing contained in this section shall be

construed to repeal section 471 of title 16 relating to the

establishment of national forests.

-SOURCE-

(Aug. 4, 1892, ch. 375, Secs. 1, 3, 27 Stat. 348.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States, referred to in text, are

classified generally to this title.

-COD-

CODIFICATION

First two sentences of this section are from section 1 and last

sentence of this section is from section 3 of act Aug. 4, 1892.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 1907; title 43

section 299.

-End-

-CITE-

30 USC Sec. 162 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER VIII - BUILDING STONE OR SALINE LAND ENTRIES UNDER

PLACER-MINING LAWS

-HEAD-

Sec. 162. Entry of saline lands; limitation

-STATUTE-

All unoccupied public lands of the United States containing salt

springs, or deposits of salt in any form, and chiefly valuable

therefor, shall be subject to location and purchase under the

provisions of the law relating to placer-mining claims. The same

person shall not locate or enter more than one claim hereunder.

-SOURCE-

(Jan. 31, 1901, ch. 186, 31 Stat. 745.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 1907; title 43

section 299.

-End-

-CITE-

30 USC SUBCHAPTER IX - DISPOSAL OF ALABAMA LANDS AS

AGRICULTURAL LANDS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER IX - DISPOSAL OF ALABAMA LANDS AS AGRICULTURAL LANDS

-HEAD-

SUBCHAPTER IX - DISPOSAL OF ALABAMA LANDS AS AGRICULTURAL LANDS

-End-

-CITE-

30 USC Sec. 171 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER IX - DISPOSAL OF ALABAMA LANDS AS AGRICULTURAL LANDS

-HEAD-

Sec. 171. Disposal as agricultural lands

-STATUTE-

Except as otherwise provided in chapter 3A of this title, all

public lands within the State of Alabama, whether mineral or

otherwise, shall be subject to disposal only as agricultural lands.

All lands which had been reported to the General Land Office prior

to March 3, 1883, as containing coal and iron shall first be

offered at public sale.

-SOURCE-

(Mar. 3, 1883, ch. 118, 22 Stat. 487; Feb. 25, 1920, ch. 85, Sec.

1, 41 Stat. 437.)

-COD-

CODIFICATION

Section is from act Mar. 3, 1883, which contained an additional

provision relating to pending homesteads, which was omitted because

of its temporary nature.

-MISC1-

AMENDMENTS

1920 - The exception clause was inserted at beginning of this

section because of act Feb. 25, 1920, which provided that deposits

of coal, phosphate, sodium, oil, oil shale, or gas, and lands

containing such deposits owned by the United States, shall be

subject to disposition in the form and manner provided by such act.

-TRANS-

TRANSFER OF FUNCTIONS

General Land Office abolished and functions transferred to Bureau

of Land Management by Reorg. Plan No. 3 of 1946, Sec. 403, eff.

July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, and regulations

thereunder. See note set out under section 1 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 77 of this title.

-End-

-CITE-

30 USC Sec. 172 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC

MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

SUBCHAPTER IX - DISPOSAL OF ALABAMA LANDS AS AGRICULTURAL LANDS

-HEAD-

Sec. 172. Certain Alabama lands subject to homestead entry

-STATUTE-

All lands designated as agricultural in the reclassification of

the public lands of Alabama by the Secretary of the Interior under

authority of Act March 27, 1906 (chapter 1347, section 1,

Thirty-fourth Statutes, page 88), shall be subject to homestead

entry as such.

-SOURCE-

(Mar. 27, 1906, ch. 1347, Sec. 2, 34 Stat. 88.)

-REFTEXT-

REFERENCES IN TEXT

Act March 27, 1906 (chapter 1347, section 1, Thirty-fourth

Statutes, page 88), referred to in text, is not classified to the

Code.

-End-