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30 U.S.C. § 88Disposition of coal by United States

submitted 109 years ago by ch. 133 to r/title-30-MINERAL-LANDS-AND-MINING · 342 words · no verdicts yet

in plain englishAI-generated · not legal advice

If coal-land laws cover certain lands, the United States can sell the coal under those laws. Qualified people may enter these lands to prospect for coal after posting a damage bond. Coal-right owners can mine after paying for damages, and surface owners can still mine coal for personal use.

If the coal-land laws have been, or are, extended to lands applied for, entered, or patented under sections 86 to 89 of this title, the United States can dispose of the coal in those lands under whatever coal-land laws are in force when it disposes of them. Anyone qualified to acquire coal deposits, or the right to mine and remove coal, under U.S. law can enter those lands at any time to prospect for coal, if the coal is available for disposal, once they get approval from the Secretary of the Interior for a bond that secures payment for any damage their prospecting causes to crops and improvements. Anyone who has gotten the coal deposits, or the right to mine and remove them, from the United States can re-enter and occupy as much of the surface as they reasonably need to mine and remove the coal, once they pay for the damage this causes, or post a bond in a court case to determine and set that damage. The owner of the surface, under this kind of limited patent, may still mine coal on the land for their own household use, at any time before the United States disposes of the coal deposits. Nothing here blocks or limits the right to promptly apply, under applicable land laws, for surplus lands classified as coal lands, in order to challenge that classification and get an unrestricted patent.
the actual law source: uscode.house.gov ↗public domain

If the coal-land laws have been or shall be extended over lands applied for, entered, or patented hereunder the coal deposits therein 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 applied for, entered, or patented under sections 86 to 89 of this title, for the purpose of prospecting for coal thereon, if such coal deposits are then subject to disposition, 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 lands, 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 personal 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 made under the applicable land laws of the United States for any such surplus lands which have been or may be classified as coal lands with a view of disproving such classification and securing a patent without reservation.

Source credit: (Feb. 27, 1917, ch. 133, § 3, 39 Stat. 945.)

history & why it existsrecord from the source credit
  • 1917Enacted · Act of Feb. 27, 1917, ch. 133 · 39 Stat. 945

A history note hasn’t been published yet. The record shows enactment by ch. 133 on 1917-02-27.

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