30 U.S.C. § 85

Patents for lands, with reservation of coal; disposal of coal deposits

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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.

Notes of Decisions

Cited in 6 cases, 1960–1998 · leading case: S. Ute Indian Tribe v. Amoco Prod. Co., 874 F. Supp. 1142 (D. Colo. 1995).

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S. Ute Indian Tribe v. Amoco Prod. Co., 874 F. Supp. 1142 (D. Colo. 1995). “*1153 The texts of the 1909 and 1910 Acts do not define the term “coal.” General dictionaries and encyclopedias of the day, however, illustrate the common ordinary meaning of “coal.”

Occidental Geothermal, Inc. v. Simmons, 543 F. Supp. 870 (N.D. Cal. 1982). “The following colloquy between Congressman Ferris, a strong proponent of government reservation rights, and Congressman Ames is particularly instructive.”

S. Ute Indian Tribe v. Amoco Prod. Co., 151 F.3d 1251 (10th Cir. 1998). “3 The 1910 Act similarly states that prospective homesteaders oh coal lands may obtain a patent which “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.”

United States v. McKenzie Cnty., 187 F. Supp. 470 (D.N.D. 1960). “The pertinent facts are undisputed and are as follows: The lands here involved were originally patented under homestead entry, Williston 020931, to Emily Garland, on April 29, 1919, granting her fee title subject only to a reservation of eoal to the United States under the Act…”

S. Ute Indian Tribe v. Amoco Prod. Co., 119 F.3d 816 (10th Cir. 1997). “” 30 U.S.C. § 85 (hereinafter the 1910 Act).”

S. Ute Indian Tribe v. Amoco Prod. Co., 863 F. Supp. 1389 (D. Colo. 1994). “The texts of the 1909 and 1910 Acts do not define the term “coal.” General dictionaries and encyclopedias of the day, however, illustrate the common ordinary meaning of “coal.”

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