2013 US Code
Title 30 - Mineral Lands and Mining
Chapter 25 - SURFACE MINING CONTROL AND RECLAMATION (§§ 1201 - 1328)
Subchapter VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS (§§ 1291 - 1309b)
Section 1304 - Surface owner protection
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 30 - MINERAL LANDS AND MINING |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS Sec. 1304 - Surface owner protection |
Contains | section 1304 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 95-87, title VII, §714, Aug. 3, 1977, 91 Stat. 524. |
Statutes at Large Reference | 91 Stat. 524 |
Public Law Reference | Public Law 95-87 |
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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 titleAny 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 ownerThe 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) PreferencesIn 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" definedFor 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) ExceptionThis section shall not apply to Indian lands.
(g) Effect on property rights of United States or any other landownerNothing 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, §714, Aug. 3, 1977, 91 Stat. 524.)
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