Title 30 — Mineral Lands and MiningRelease 119-73

§1304 Surface owner protection

Title 30 › Chapter CHAPTER 25— - SURFACE MINING CONTROL AND RECLAMATION › Subchapter SUBCHAPTER VII— - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS › § 1304

Last updated Apr 6, 2026|Official source

Summary

Requires that federal coal under land where someone else owns the surface can only be leased for surface (non‑underground) mining if the surface owner gives written permission before mining starts. The coal must be offered under the normal federal leasing process. Written permission given before August 3, 1977 still counts. The Secretary must talk with affected surface owners, ask if they want the deposit offered, and try not to lease in areas where many surface owners oppose it. Surface owner — a person (or a corporation mostly owned by such people) who (1) holds the surface title, (2) lives on the land or personally farms/ranches it or gets a significant income from that farming/ranching, and (3) has met (1) and (2) for at least three years before giving consent. Does not apply to Indian lands and does not change anyone’s property rights.

Full Legal Text

Title 30, §1304

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)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)Any coal deposits subject to this section shall be offered for lease pursuant to section 201(a) of this title.

(c)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.

(d)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.

(e)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—

(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.

(f)This section shall not apply to Indian lands.

(g)Nothing in this section shall be construed as increasing or diminishing any property rights by the United States or by any other landowner.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1304

Title 30 — Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73