§1304 Surface Owner Protection

Summary

If the United States owns coal under land where someone else owns the surface and the coal would be removed by surface mining (not underground), the government cannot lease that coal for surface mining unless the surface owner gives written permission and the government has proof of that permission. Coal deposits covered by this rule must be offered for lease under section 201(a). Written permission given before August 3, 1977, counts as valid. The Secretary must talk with any surface owner whose land might be in a lease tract, ask whether they want the coal offered, and, whenever reasonably possible, avoid leasing where a lot of surface owners say no. Indian lands are not covered. This rule does not change anyone’s property rights. Surface owner — a person (or a corporation mostly owned by such a person) who meets three requirements: holds title to the land surface; lives on the land or runs a farm or ranch there or gets a significant share of income from such farming/ranching; and has met the first two conditions for at least three years before giving consent.