30 U.S.C. § 83

Homestead or desert-land and other entries

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Unreserved public lands of the United States exclusive of Alaska which have been withdrawn or classified as coal lands, or are valuable for coal, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert-land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 Those who have initiated nonmineral entries, selections, or locations in good faith, prior to June 22, 1910, on lands withdrawn or classified as coal lands may perfect the same under the provisions of the laws under which said entries were made, but shall receive the limited patent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.

Notes of Decisions

Cited in 8 cases, 1972–2019 · 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× “318, current version at 30 U. S. C. § 83 et seq. See also Act of Apr.”

S. Utah Wilderness All. v. Bureau of Land Mgmt., 425 F.3d 735 (10th Cir. 2005). · cites it 2× “” 30 U.S.C. § 83 . The use of the phrase, “unreserved public lands which have been withdrawn,” indicates that lands could be “withdrawn” or classified as coal lands under the 1910 act and yet remain “unreserved.”

Btu W. Res., Inc. v. Berenergy Corp., 442 P.3d 50 (Wyo. 2019). · cites it 2× “In the alternative, Peabody contends, if the Thornburg lease dispute is reopened, the district court should enforce Peabody's right to mine through the Thornburg lease pursuant to the Coal Lands Act, 30 U.S.C. §§ 83 - 85, as opposed to the accommodation doctrine.”

United States v. Union Oil Co. of California, 549 F.2d 1271 (9th Cir. 1977). · cites it 2× “583 ), 30 U.S.C. §§ 83 et seq., April 30, 1912 ( 37 Stat.”

Rice v. United States, 348 F. Supp. 254 (D.N.D. 1972). “§ 81 ) Act of June 22, 1910 ( 30 U.S.C. §§ 83 , 84, 85) Act of July 17, 1914 ( 30 U.”

Crow Tribe of Indians v. Peters, 835 F. Supp. 2d 985 (D. Mont. 2011). “583 (codified at 30 U.S.C. § 83 ). Members of Congress, while debating the Coal Lands Act, engaged in the following colloquy: Mr.”

S. Ute Indian Tribe v. Amoco Prod. Co., 151 F.3d 1251 (10th Cir. 1998). “583 -84 (current version at 30 U.S.C. §§ 83 , 85). . "Occluded” was defined contemporaneously as "To take in and retain; to absorb.”

So. Utah Wilderness v. BLM (10th Cir. 2005). · cites it 2× “” 30 U.S.C. § 83 . The use of the phrase, “unreserved public lands which have been withdrawn,” indicates that lands could be “withdrawn” or classified as coal lands under the 1910 act and yet remain “unreserved.”

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