U.S. Code » Title 30 » Chapter CHAPTER 3— LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE › Subchapter SUBCHAPTER II— COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH RESERVATION OF COAL TO UNITED STATES

30 U.S.C. § 81

Rights of entrymen of lands subsequently classified as coal lands; disposal of coal deposits

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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.

Notes of Decisions
Cited in 17 cases, 1966–2012 · leading case: Watt v. W. Nuclear, Inc., 462 U.S. 36 (1983).
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Watt v. W. Nuclear, Inc., 462 U.S. 36 (1983). · cites it 4× “844 , current version at 30 U. S. C. § 81 ; 36 Stat. 583 , ch. 318, current version at 30 U.”
S. Utah Wilderness All. v. Bureau of Land Mgmt., 425 F.3d 735 (10th Cir. 2005). “” 30 U.S.C. § 81 . The 1910 Act opened the remaining coal lands to entry under the homestead laws, subject to the same reservation of coal to the United States.”
Amoco Prod. Co. v. S. Ute Indian Tribe, 526 U.S. 865 (1999). · cites it 2× “*868 844, 30 U. S. C. § 81 ; Coal Lands Act of 1910 (1910 Act), ch.”
United States v. Union Oil Co. of California, 549 F.2d 1271 (9th Cir. 1977). · cites it 2× “844 ), 30 U.S.C. § 81 , followed shortly by the Acts of June 22, 1910 ( 36 Stat.”
Joe Aulston & Lola Aulston v. United States of Am., & Shell W. E & P, Intervenors-Appellees, 915 F.2d 584 (10th Cir. 1990). “844 *587 (codified at 30 U.S.C. § 81 (1988)) (reserving coal); Act of August 24, 1912, ch.”
S. Ute Indian Tribe v. Amoco Prod. Co., 874 F. Supp. 1142 (D. Colo. 1995). · cites it 2× “S.C. § 85 , states that the “patent shall contain a reservation to the United States of all the coal in the lands so patented.”
Harrison-Wyatt, LLC v. Ratliff, 593 S.E.2d 234 (Va. 2004). “865 (1999), the Supreme Court of the United States considered land patents that had been issued to western settlers, pursuant to the Coal Land Acts of 1909 and 1910, 30 U.S.C. §§ 81 , 83-85 (the Federal Acts), conveying the land and everything in it, except “all coal,” which had…”
Brennan v. Udall, 251 F. Supp. 12 (D. Colo. 1966). · cites it 2× “The Act provided for the named mineral lands what the 1909 Coal Act, 30 U.S.C. § 81 , had provided for lands valuable because of their coal content.”
S. Ute Indian Tribe v. Amoco Prod. Co., 119 F.3d 816 (10th Cir. 1997). · cites it 3× “” 30 U.S.C. § 81 (emphasis added) (hereinafter the 1909 Act).”
S. Ute Indian Tribe v. Amoco Prod. Co., 2 F.3d 1023 (10th Cir. 1993). “844 (codified at 30 U.S.C. § 81 ) or under the Coal Lands Act of 1910, eh.”
Rice v. United States, 348 F. Supp. 254 (D.N.D. 1972). “Subsequent acts by the United States are not inconsistent with this analysis, because those acts specifically are directed to lands in the public domain either because they have never been withdrawn, or, if at one time withdrawn, were again returned to the public domain.”
S. Ute Indian Tribe v. Amoco Prod. Co., 151 F.3d 1251 (10th Cir. 1998). “844 (current version at 30 U.S.C. § 81 ) (emphasis added) (hereinafter the 1909 Act).”
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