Title 30Mineral Lands and MiningRelease 119-73

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

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 › § 85

Last updated Apr 6, 2026|Official source

Summary

If a person proves they followed the land laws and sections 83–85, they must receive an official title to the land. That title will keep the United States as the owner of all coal under the land and will give the U.S. the right to look for, mine, and take that coal. The U.S. can sell or give away those coal deposits later under whatever coal-land rules apply at that time. Anyone allowed by U.S. law to buy coal or mining rights may enter the land to prospect for coal after the Secretary of the Interior approves a bond to pay any damage to crops or buildings. A person who has bought the coal or mining rights from the U.S. may return and use as much of the surface as needed to mine the coal, but must pay for damage to the landowner or post a court bond and let a court fix the damages. The landowner may still take coal for household use on the land until the U.S. disposes of the coal. People may also apply to challenge a coal classification to try to get a full title without the coal reservation.

Full Legal Text

Title 30, §85

Mineral Lands and Mining — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Supplemental ProvisionsSee note set out under section 83 of this title.

Reference

Citations & Metadata

Citation

30 U.S.C. § 85

Title 30Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73