§ 1305. — Federal lessee 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: 30USC1305]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER VII--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
Sec. 1305. Federal lessee protection
In those instances where the coal proposed to be mined by surface
coal mining operations is owned by the Federal Government and the
surface is subject to a lease or a permit issued by the Federal
Government, the application for a permit shall include either:
(1) the written consent of the permittee or lessee of the
surface lands involved to enter and commence surface coal mining
operations on such land, or in lieu thereof;
(2) evidence of the execution of a bond or undertaking to the
United States or the State, whichever is applicable, for the use and
benefit of the permittee or lessee of the surface lands involved to
secure payment of any damages to the surface estate which the
operations will cause to the crops, or to the tangible improvements
of the permittee or lessee of the surface lands as may be determined
by the parties involved, or as determined and fixed in an action
brought against the operator or upon the bond in a court of
competent jurisdiction. This bond is in addition to the performance
bond required for reclamation under this chapter.
(Pub. L. 95-87, title VII, Sec. 715, Aug. 3, 1977, 91 Stat. 525.)
Section Referred to in Other Sections
This section is referred to in section 1291 of this title.
