Title 30Mineral Lands and MiningRelease 119-73not60

§85 Patents for Lands, with Reservation of Coal; Disposal of Coal Deposits

Title 30 › 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 › § 85

Last updated Apr 5, 2026|Official source

Summary

If someone proves they followed the land-entry laws, they get an official ownership document for the land. But that document keeps all coal under the land for the United States. The United States also keeps the right to look for, mine, and take that coal. The coal can be sold or given out later under the coal-land laws that apply at that time. Any person allowed by federal law to buy coal or mining rights may go onto the land to look for coal if the Secretary of the Interior approves a bond to pay for any damage to crops or buildings. A person who already bought the coal or the right to mine it from the United States may return, use as much surface as needed for mining, and remove the coal if they pay for damages or post a court bond to fix those damages. The landowner may mine coal for their own household use until the United States disposes of the coal. People may still apply to prove land is not coal land so they can try to get ownership 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 5, 2026

Release point: 119-73not60