§ 299. — Reservation of coal and mineral rights.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC299]
TITLE 43--PUBLIC LANDS
CHAPTER 7--HOMESTEADS
SUBCHAPTER X--STOCK-RAISING HOMESTEAD
Sec. 299. Reservation of coal and mineral rights
(a) General provisions
All entries made and patents issued under the provisions of this
subchapter shall be subject to and contain a reservation to the United
States of all the coal and other minerals in the lands so entered and
patented, together with the right to prospect for, mine, and remove the
same. The coal and other mineral deposits in such lands shall be subject
to disposal by the United States in accordance with the provisions of
the coal and mineral land laws in force at the time of such disposal.
Any person qualified to locate and enter the coal or other mineral
deposits, or having the right to mine and remove the same under the laws
of the United States, shall have the right at all times to enter upon
the lands entered or patented, as provided by this subchapter, for the
purpose of prospecting for coal or other mineral therein, provided he
shall not injure, damage, or destroy the permanent improvements of the
entryman or patentee, and shall be liable to and shall compensate the
entryman or patentee for all damages to the crops on such lands by
reason of such prospecting. Any person who has acquired from the United
States the coal or other mineral deposits in any such land, or the right
to mine and 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 or removal of the coal or other minerals, first, upon
securing the written consent or waiver of the homestead entryman or
patentee; second, upon payment of the damages to crops or other tangible
improvements to the owner thereof, where agreement may be had as to the
amount thereof; or, third, in lieu of either of the foregoing
provisions, upon the execution of a good and sufficient bond or
undertaking to the United States for the use and benefit of the entryman
or owner of the land, to secure the payment of such damages to the crops
or tangible improvements of the entryman or owner, as may be determined
and fixed in an action brought upon the bond or undertaking in a court
of competent jurisdiction against the principal and sureties thereon,
such bond or undertaking to be in form and in accordance with rules and
regulations prescribed by the Secretary of the Interior and to be filed
with and approved by the officer designated by the Secretary of the
Interior of the local land office of the district wherein the land is
situate, subject to appeal to the Secretary of the Interior or such
officer as he may designate: Provided, That all patents issued for the
coal or other mineral deposits herein reserved shall contain appropriate
notations declaring them to be subject to the provisions of this
subchapter with reference to the disposition, occupancy, and use of the
land as permitted to an entryman under this subchapter.
(b) Exploration; location of mining claims; notices
(1) In general
(A) Notwithstanding subsection (a) of this section and any other
provision of law to the contrary, after the effective date of this
subsection no person other than the surface owner may enter lands
subject to this subchapter to explore for, or to locate, a mining
claim on such lands without--
(i) filing a notice of intention to locate a mining claim
pursuant to paragraph (2); and
(ii) providing notice to the surface owner pursuant to
paragraph (3).
(B) Any person who has complied with the requirements referred
to in subparagraph (A) may, during the authorized exploration
period, in order to locate a mining claim, enter lands subject to
this subchapter to undertake mineral activities related to
exploration that cause no more than a minimal disturbance of surface
resources and do not involve the use of mechanized earthmoving
equipment, explosives, the construction of roads, drill pads, or the
use of toxic or hazardous materials.
(C) The authorized exploration period referred to in
subparagraph (B) shall begin 30 days after notice is provided under
paragraph (3) with respect to lands subject to such notice and shall
end with the expiration of the 90-day period referred to in
paragraph (2)(A) or any extension provided under paragraph (2).
(2) Notice of intention to locate a mining claim
Any person seeking to locate a mining claim on lands subject to
this subchapter in order to engage in the mineral activities
relating to exploration referred to under paragraph (1)(B) shall
file with the Secretary of the Interior a notice of intention to
locate a claim on the lands concerned. The notice shall be in such
form as the Secretary shall prescribe. The notice shall contain the
name and mailing address of the person filing the notice and a legal
description of the lands to which the notice applies. The legal
description shall be based on the public land survey or on such
other description as is sufficient to permit the Secretary to record
the notice on the land status records of the Secretary. Whenever any
person has filed a notice under this paragraph with respect to any
lands, during the 90-day period following the date of such filing,
or any extension thereof pursuant to this paragraph, no other person
(including the surface owner) may--
(A) file such a notice with respect to any portions of such
lands;
(B) explore for minerals or locate a mining claim on any
portion of such lands; or
(C) file an application to acquire any interest in any
portion of such lands pursuant to section 1719 of this title.
If, within such 90-day period, the person who filed a notice under
this paragraph files a plan of operations with the Secretary
pursuant to subsection (f) of this section, such 90-day period shall
be extended until the approval or disapproval of the plan by the
Secretary pursuant to subsection (f) of this section.
(3) Notice to surface owner
Any person who has filed a notice of intention to locate a
mining claim under paragraph (2) for any lands subject to this
subchapter shall provide written notice of such filing, by
registered or certified mail with return receipt, to the surface
owner (as evidenced by local tax records) of the lands covered by
the notice under paragraph (2). The notice shall be provided at
least 30 days before entering such lands and shall contain each of
the following:
(A) A brief description of the proposed mineral activities.
(B) A map and legal description of the lands to be subject
to mineral exploration.
(C) The name, address and phone number of the person
managing such activities.
(D) A statement of the dates on which such activities will
take place.
(4) Acreage limitations
The total acreage covered at any time by notices of intention to
locate a mining claim under paragraph (2) filed by any person and by
affiliates of such person may not exceed 6,400 acres of lands
subject to this subchapter in any one State and 1,280 acres of such
lands for a single surface owner. For purposes of this paragraph,
the term ``affiliate'' means, with respect to any person, any other
person which controls, is controlled by, or is under common control
with, such person.
(c) Consent
Notwithstanding subsection (a) of this section and any other
provision of law, after the effective date of this subsection no person
may engage in the conduct of mineral activities (other than those
relating to exploration referred to in subsection (b)(1)B) \1\ of this
section) on a mining claim located on lands subject to this subchapter
without the written consent of the surface owner thereof unless the
Secretary has authorized the conduct of such activities under subsection
(d) of this section.
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\1\ So in original. Probably should be subsection ``(b)(1)(B)''.
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(d) Authorized mineral activities
The Secretary shall authorize a person to conduct mineral activities
(other than those relating to exploration referred to in subsection
(b)(1)(B) of this section) on lands subject to this subchapter without
the consent of the surface owner thereof if such person complies with
the requirements of subsections (e) and (f) of this section.
(e) Bond
(1) Before the Secretary may authorize any person to conduct mineral
activities the Secretary shall require such person to post a bond or
other financial guarantee in an amount to insure the completion of
reclamation pursuant to this subchapter. Such bond or other financial
guarantee shall ensure--
(A) payment to the surface owner, after the completion of such
mineral activities and reclamation, compensation for any permanent
damages to crops and tangible improvements of the surface owner that
resulted from mineral activities; and
(B) payment to the surface owner of compensation for any
permanent loss of income of the surface owner due to loss or
impairment of grazing, or other uses of the land by the surface
owner to the extent that reclamation required by the plan of
operations would not permit such uses to continue at the level
existing prior to the commencement of mineral activities.
(2) In determining the bond amount to cover permanent loss of income
under paragraph (1)(B), the Secretary shall consider, where appropriate,
the potential loss of value due to the estimated permanent reduction in
utilization of the land.
(f) Plan of operations
(1) Before the Secretary may authorize any person to conduct mineral
activities on lands subject to this subchapter, the Secretary shall
require such person to submit a plan of operations. Such plan shall
include procedures for--
(A) the minimization of damages to crops and tangible
improvements of the surface owner;
(B) the minimization of disruption to grazing or other uses of
the land by the surface owner; and
(C) payment of a fee for the use of surface during mineral
activities equivalent to the loss of income to the ranch operation
as established pursuant to subsection (g) of this section.
(2) The Secretary shall provide a copy of the proposed plan of
operations to the surface owner at least 45 days prior to the date the
Secretary makes a determination as to whether such plan complies with
the requirements of this subsection. During such 45-day period the
surface owner may submit comments and recommend modifications to the
proposed plan of operations to the Secretary.
(3)(A) The Secretary shall, within 60 days of receipt of the plan,
approve the plan of operations if it complies with the requirements of
this subchapter, including each of the following:
(i) The proposed plan of operations is complete and accurate.
(ii) The person submitting the proposed plan of operations has
demonstrated that all other applicable Federal and State
requirements have been met.
(B) The Secretary shall notify the person submitting a plan of
operations of any modifications to such plan required to bring it into
compliance with the requirements of this subchapter. If the person
submitting the plan agrees to modify such plan in a manner acceptable to
the Secretary, the Secretary shall approve the plan as modified. In the
event no agreement can be reached on the modifications to the plan
which, in the opinion of the Secretary, will bring such plan into
compliance with the requirements of this subchapter, then the Secretary
shall disapprove the plan and notify both the surface owner and the
person submitting the plan of the decision.
(C) The 60-day period referred to in subparagraph (A) may be
extended by the Secretary where additional time is required to comply
with other applicable requirements of law.
(D) The Secretary shall suspend or revoke a plan of operation
whenever the Secretary determines, on the Secretary's own motion or on a
motion made by the surface owner, that the person conducting mineral
activities is in substantial noncompliance with the terms and conditions
of an approved plan of operations and has failed to remedy a violation
after notice from the Secretary within the time required by the
Secretary.
(4) Final approval of a plan of operations under this subsection
shall be conditioned upon compliance with subsections (e) and (g) of
this section.
(g) Fee
The fee referred to in subsection (f)(1) of this section shall be--
(1) paid to the surface owner by the person submitting the plan
of operations;
(2) paid in advance of any mineral activities or at such other
time or times as may be agreed to by the surface owner and the
person conducting such activities; and
(3) established by the Secretary taking into account the acreage
involved and the degree of potential disruption to existing surface
uses during mineral activities (including the loss of income to the
surface owner and such surface owner's operations due to the loss or
impairment of existing surface uses for the duration of the mineral
activities), except that such fee shall not exceed the fair market
value for the surface of the land.
(h) Reclamation
Lands affected by mineral activities under a plan of operations
approved pursuant to subsection (f)(3) of this section shall be
reclaimed, to the maximum extent practicable, to a condition capable of
supporting the uses to which such lands were capable of supporting prior
to surface disturbance. Reclamation shall proceed as contemporaneously
as practicable with the conduct of mineral activities.
(i) State law
(1) Nothing in this subchapter shall be construed as affecting any
reclamation, bonding, inspection, enforcement, air or water quality
standard or requirement of any State law or regulation which may be
applicable to mineral activities on lands subject to this subchapter to
the extent that such law or regulation is not inconsistent with this
title.\2\
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\2\ See References in Text note below.
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(2) Nothing in this subchapter shall be construed as affecting in
any way the right of any person to enforce or protect, under applicable
law, the interest of such person in water resources affected by mineral
activities.
(j) Inspections
Should any surface owner of land subject to this subchapter have
reason to believe that they are or may be adversely affected by mineral
activities due to any violation of the terms and conditions of a plan of
operations approved under subsection (f) of this section, such surface
owner may request an inspection of such lands. The Secretary shall
determine within 10 days of the receipt of the request whether the
request states a reason to believe that a violation exists, except in
the event the surface owner alleges and provides reason to believe that
an imminent danger exists, the 10-day period shall be waived and the
inspection conducted immediately. When an inspection is conducted under
this paragraph, the Secretary shall notify the surface owner and such
surface owner shall be allowed to accompany the inspector on the
inspection.
(k) Damages for failure to comply
(1) Whenever the surface owner of any land subject to this
subchapter has suffered any permanent damages to crops or tangible
improvements of the surface owner, or any permanent loss of income due
to loss or impairment of grazing, or other uses of the land by the
surface owner, if such damages or loss result from--
(A) any mineral activity undertaken without the consent of the
surface owner under subsection (c) of this section or an
authorization by the Secretary under subsection (d) of this section;
or
(B) the failure of the person conducting mineral activities to
remedy to the satisfaction of the Secretary any substantial
noncompliance with the terms and conditions of a plan under
subsection (f) of this section;
the surface owner may bring an action in the appropriate United States
district court for, and the court may award, double damages plus costs
for willful misconduct or gross negligence.
(2) The surface owner of any land subject to this subchapter may
also bring an action in the appropriate United States district court for
double damages plus costs for willful misconduct or gross negligence
against any person undertaking any mineral activities on lands subject
to this subchapter in violation of any requirement of subsection (b) of
this section.
(3) Any double damages plus costs awarded by the court under this
subsection shall be reduced by the amount of any compensation which the
surface owner has received (or is eligible to receive) pursuant to the
bond or financial guarantee required under subsection (e) of this
section.
(l) Payment of financial guarantee
The surface owner of any land subject to this subchapter may
petition the Secretary for payment of all or any portion of a bond or
other financial guarantee required under subsection (e) of this section
as compensation for any permanent damages to crops and tangible
improvements of the surface owner, or any permanent loss of income due
to loss or impairment of grazing, or other uses of the land by the
surface owner. Pursuant to such a petition, the Secretary may use such
bond or other guarantee to provide compensation to the surface owner for
such damages and to insure the required reclamation.
(m) Bond release
The Secretary shall release the bond or other financial guarantee
required under subsection (e) of this section upon the successful
completion of all requirements pursuant to a plan of operations approved
under subsection (f) of this section.
(n) Conveyance to surface owner
The Secretary shall take such actions as may be necessary to
simplify the procedures which must be complied with by surface owners of
lands subject to this subchapter who apply to the Secretary to obtain
title to interests in such lands owned by the United States.
(o) Definitions
For the purposes of subsections (b) through (n) of this section--
(1) The term ``mineral activities'' means any activity for,
related to or incidental to mineral exploration, mining, and
beneficiation activities for any locatable mineral on a mining
claim. When used with respect to this term--
(A) the term ``exploration'' means those techniques employed
to locate the presence of a locatable mineral deposit and to
establish its nature, position, size, shape, grade and value;
(B) the term ``mining'' means the processes employed for the
extraction of a locatable mineral from the earth; and
(C) the term ``beneficiation'' means the crushing and
grinding of locatable mineral ore and such processes are
employed to free the mineral from the other constituents,
including but not necessarily limited to, physical and chemical
separation techniques.
(2) The term ``mining claim'' means a claim located under the
general mining laws of the United States (which generally comprise
30 U.S.C. chapters 2, 12A, and 16, and sections 161 and 162) subject
to the terms and conditions of subsections (b) through (p) of this
section.
(3) The term ``tangible improvements'' includes agricultural,
residential and commercial improvements, including improvements made
by residential subdividers.
(p) Minerals covered
Subsections (b) through (o) of this section apply only to minerals
not subject to disposition under--
(1) the Mineral Leasing Act (30 U.S.C. 181 and following);
(2) the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.];
or
(3) the Act of July 31, 1947, commonly known as the Materials
Act of 1947 (30 U.S.C. 601 and following).
(Dec. 29, 1916, ch. 9, Sec. 9, 39 Stat. 864; Oct. 28, 1921, ch. 114,
Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100;
Pub. L. 103-23, Sec. 1(a), (b), Apr. 16, 1993, 107 Stat. 60, 65.)
References in Text
The effective date of this subsection, referred to in subsecs.
(b)(1)(A) and (c), is the date 180 days after Apr. 16, 1993.
This title, referred to in subsec. (i)(1), is unidentifiable because
act Dec. 29, 1916, does not contain titles.
The Mineral Leasing Act, referred to in subsec. (p)(1), is act Feb.
25, 1920, ch. 85, 41 Stat. 437, as amended, which is classified
generally to chapter 3A (Sec. 181 et seq.) of Title 30, Mineral Lands
and Mining. For complete classification of this Act to the Code, see
Short Title note set out under section 181 of Title 30 and Tables.
The Geothermal Steam Act of 1970, referred to in subsec. (p)(2), is
Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, as amended, which is
classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30.
For complete classification of this Act to the Code, see Short Title
note set out under section 1001 of Title 30 and Tables.
The Materials Act of 1947, referred to in subsec. (p)(3), is act
July 31, 1947, ch. 406, 61 Stat. 681, as amended, which is classified
generally to subchapter I (Sec. 601 et seq.) of chapter 15 of Title 30.
For complete classification of this Act to the Code, see Short Title
note set out under section 601 of Title 30 and Tables.
Amendments
1993--Pub. L. 103-23 designated existing provisions as subsec. (a),
inserted heading, and added subsecs. (b) to (p).
Effective Date of 1993 Amendment
Section 1(c) of Pub. L. 103-23 provided that: ``The amendments made
by this Act [amending this section] shall take effect 180 days after the
date of enactment [Apr. 16, 1993].''
Regulations
Section 1(d) of Pub. L. 103-23 provided that: ``The Secretary of the
Interior shall issue final regulations to implement the amendments made
by this Act [amending this section] not later than the effective date of
this Act [see Effective Date of 1993 Amendment note above]. Failure to
promulgate these regulations by reason of any appeal or judicial review
shall not delay the effective date as specified in paragraph (c).''
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out
under section 1451 of this title.
Words ``officer designated by the Secretary of the Interior''
substituted for ``register'' and ``Secretary of the Interior or such
officer as he may designate'' substituted for ``Commissioner of the
General Land Office'' on authority of section 403 of Reorg. Plan No. 3
of 1946. See note set out under section 1 of this title.
Act Mar. 3, 1925, abolished office of surveyor general and
transferred administration of all activities in charge of surveyors
general to Field Surveying Service under jurisdiction of United States
Supervisor of Surveys.
Report to Congress on Foreign Mineral Interests
Section 2 of Pub. L. 103-23 directed Secretary of the Interior to
submit report to Congress within 2 years after Apr. 16, 1993, on
acquisition of mineral interests made after such date by foreign firms
on lands subject to this section.
