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Acquisition of Coal Prospecting Permits and Leases on Public Domain and Acquired Lands

Cedric Hustace, Western Coal Development (1973)

The acquisition of coal prospecting permits and leases on public domain and acquired lands is governed by the provisions of the Mineral Leasing Act of February 25, 1920, as amended1 and the Mineral Leasing Act for Acquired Lands of August 7, 1947,2 respectively, together with the regulations promulgated by the Bureau of Land Management, Department of the Interior, pursuant to such acts.3

An excellent discussion of this subject as it pertains to various minerals, including coal, is to be found in separate papers of Casey W. Vlautin and Jerry L. Haggard presented to the 1971 Federal Mineral Leasing Institute of the Rocky Mountain Mineral Law Foundation, pages 3-1 and 5-1, respectively. The instant paper is limited to a discussion of the acquisition of coal prospecting permits and leases with a comment or two at the end concerning the acquisition of water rights.

I. COAL PROSPECTING PERMITS.

A. Lands Subject to Issuance of Permits.

The nature of the lands involved must be unclaimed and undeveloped areas of mineral lands and mineral deposits in public domain and acquired lands or in public domain and acquired lands disposed of with the reservation of deposits to the United States.4

Excepted from lands subject to issuance of permits on the public domain are those located within national parks and monuments, Indian reservations, incorporat