§ 1304. — Surface owner protection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1304]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER VII--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
Sec. 1304. Surface owner protection
(a) Applicability
The provisions of this section shall apply where coal owned by the
United States under land the surface rights to which are owned by a
surface owner as defined in this section is to be mined by methods other
than underground mining techniques.
(b) Lease of coal deposits governed by section 201 of this title
Any coal deposits subject to this section shall be offered for lease
pursuant to section 201(a) of this title.
(c) Consent to lease by surface owner
The Secretary shall not enter into any lease of Federal coal
deposits until the surface owner has given written consent to enter and
commence surface mining operations and the Secretary has obtained
evidence of such consent. Valid written consent given by any surface
owner prior to August 3, 1977, shall be deemed sufficient for the
purposes of complying with this section.
(d) Preferences
In order to minimize disturbance to surface owners from surface coal
mining of Federal coal deposits and to assist in the preparation of
comprehensive land-use plans required by section 201(a) of this title,
the Secretary shall consult with any surface owner whose land is
proposed to be included in a leasing tract and shall ask the surface
owner to state his preference for or against the offering of the deposit
under his land for lease. The Secretary shall, in his discretion but to
the maximum extent practicable, refrain from leasing coal deposits for
development by methods other than underground mining techniques in those
areas where a significant number of surface owners have stated a
preference against the offering of the deposits for lease.
(e) ``Surface owner'' defined
For the purpose of this section the term ``surface owner'' means the
natural person or persons (or corporation, the majority stock of which
is held by a person or persons who meet the other requirements of this
section) who--
(1) hold legal or equitable title to the land surface;
(2) have their principal place of residence on the land; or
personally conduct farming or ranching operations upon a farm or
ranch unit to be affected by surface coal mining operations; or
receive directly a significant portion of their income, if any, from
such farming or ranching operations; and
(3) have met the conditions of paragraphs (1) and (2) for a
period of at least three years prior to the granting of the consent.
In computing the three-year period the Secretary may include periods
during which title was owned by a relative of such person by blood or
marriage during which period such relative would have met the
requirements of this subsection.
(f) Exception
This section shall not apply to Indian lands.
(g) Effect on property rights of United States or any other landowner
Nothing in this section shall be construed as increasing or
diminishing any property rights by the United States or by any other
landowner.
(Pub. L. 95-87, title VII, Sec. 714, Aug. 3, 1977, 91 Stat. 524.)
Section Referred to in Other Sections
This section is referred to in section 1291 of this title.
