30 U.S.C. § 1304 — Surface owner protection
submitted 49 years ago by Pub. L. 95-87 to r/title-30-MINERAL-LANDS-AND-MINING · 482 words · no verdicts yet
This section applies when Federal coal beneath privately owned surface land will be mined by methods other than underground mining. It requires leasing procedures and the surface owner’s written consent, creates a consultation preference, defines “surface owner,” and excludes Indian lands.
(a) Applicability.—This section applies when United States-owned coal beneath land whose surface rights belong to a “surface owner” defined here will be mined by methods other than underground techniques.
(b) Lease.—The coal must be offered for lease under section 201(a).
(c) Consent.—The Secretary may not lease the coal until the surface owner gives written consent to enter and begin surface mining and the Secretary obtains proof of consent. Valid written consent given before August 3, 1977, is enough.
(d) Preferences.—To minimize disturbance and help prepare section 201(a) land-use plans, the Secretary must consult each surface owner whose land is proposed for a leasing tract and ask whether the owner favors or opposes offering the coal for lease. To the maximum practicable extent, the Secretary may choose not to lease coal for non-underground development where a significant number of surface owners oppose offering it.
(e) “Surface owner.”—This means the person or persons, or a corporation whose majority stock is held by qualifying persons, who (1) hold legal or equitable title to the surface; (2) live there as their main residence, personally farm or ranch the affected unit, or directly receive a significant part of any income from that farming or ranching; and (3) met paragraphs (1) and (2) for at least three years before consent. The Secretary may count time when a blood or marriage relative held title and would have met these requirements.
(f) Exception.—This section does not apply to Indian lands.
(g) Property rights.—Nothing here increases or decreases property rights of the United States or another landowner.
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.
Any coal deposits subject to this section shall be offered for lease pursuant to section 201(a) of this title.
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.
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.
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—
hold legal or equitable title to the land surface;
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
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.
This section shall not apply to Indian lands.
Nothing in this section shall be construed as increasing or diminishing any property rights by the United States or by any other landowner.
Source credit: (Pub. L. 95–87, title VII, § 714, Aug. 3, 1977, 91 Stat. 524.)
- 1977Enacted · Pub. L. 95-87 · 91 Stat. 524
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-87 on 1977-08-03.
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