Title 30 — Mineral Lands and MiningRelease 119-73

§1305 Federal lessee protection

Title 30 › Chapter CHAPTER 25— - SURFACE MINING CONTROL AND RECLAMATION › Subchapter SUBCHAPTER VII— - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS › § 1305

Last updated Apr 6, 2026|Official source

Summary

When the coal to be mined is owned by the federal government and the surface land is under a federal lease or permit, a permit application must include one of two things. Either a written OK from the person who holds the surface lease or permit to enter and mine, or proof of a bond to the United States or the State for that leaseholder’s benefit to pay for damage to crops or to buildings and other improvements. That bond is extra to the reclamation performance bond.

Full Legal Text

Title 30, §1305

Mineral Lands and Mining — Source: USLM XML via OLRC

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:

(1)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;

(2)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.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1305

Title 30 — Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73