30 U.S.C. § 83 — Homestead or desert-land and other entries

submitted 116 years ago by ch. 318 to r/title-30-MINERAL-LANDS-AND-MINING · 194 words · no verdicts yet

in plain englishAI-generated · not legal advice

Public lands classified as coal lands (outside Alaska) can still be claimed under the homestead or desert-land laws, or withdrawn under the Reclamation Act. The United States keeps the coal and mining rights when granting these lands. People who started good-faith nonmineral claims before June 22, 1910, can still finish them, but only get a limited patent.

Unreserved public lands outside Alaska that have been marked as "coal lands," or are valuable for coal, can still be claimed: by actual settlers under the homestead laws, under the desert-land law, by selection under 43 U.S.C. §641, or through withdrawal under the 1902 Reclamation Act — as long as the purpose is to get or pass along title, and with the United States keeping the coal itself plus the right to search for, mine, and remove it. Homestead entries made this way still have to meet the residency and cultivation rules in 43 U.S.C. §218. Anyone who, in good faith, had already started a nonmineral entry, selection, or land claim before June 22, 1910, on land later classified as coal land, can still complete that claim under the original laws — but will receive only the limited patent described in sections 83 to 85 of this title, meaning the coal rights stay reserved to the United States.

the actual law source: uscode.house.gov ↗public domain

Unreserved public lands of the United States exclusive of Alaska which have been withdrawn or classified as coal lands, or are valuable for coal, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert-land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 Those who have initiated nonmineral entries, selections, or locations in good faith, prior to June 22, 1910, on lands withdrawn or classified as coal lands may perfect the same under the provisions of the laws under which said entries were made, but shall receive the limited patent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

Source credit: (June 22, 1910, ch. 318, § 1, 36 Stat. 583; June 16, 1955, ch. 145, § 1, 69 Stat. 138.)

history & why it existsrecord from the source credit

1910Enacted · Act of June 22, 1910, ch. 318 · 36 Stat. 583
1955Amended · Act of June 16, 1955, ch. 145 · 69 Stat. 138

A history note hasn’t been published yet. The record shows enactment by ch. 318 on 1910-06-22.

all 0 arguments · sorted by: best

no arguments yet — make the first case