30 U.S.C. § 1305 — Federal lessee protection
submitted 49 years ago by Pub. L. 95-87 to r/title-30-MINERAL-LANDS-AND-MINING · 186 words · no verdicts yet
When Federal coal is to be mined by surface operations on federally leased or permitted land, the permit application must include surface-holder consent or a bond securing payment for surface damage. This bond is additional to the reclamation performance bond.
If the coal proposed for surface mining belongs to the Federal Government and the surface is covered by a Federal lease or permit, the permit application must include either (1) the written consent of the surface-land permittee or lessee to enter the land and begin surface mining, or (2) evidence that a bond or undertaking was made to the United States or the State, as applicable, for the benefit of that permittee or lessee. The bond or undertaking must secure payment for damage the operations cause to crops or the permittee’s or lessee’s tangible improvements, as the parties determine or as a court of competent jurisdiction determines in an action against the operator or on the bond. This bond is in addition to the reclamation performance bond required by this chapter.
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:
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;
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.
Source credit: (Pub. L. 95–87, title VII, § 715, Aug. 3, 1977, 91 Stat. 525.)
- 1977Enacted · Pub. L. 95-87 · 91 Stat. 525
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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