Title 30 — Mineral Lands and MiningRelease 119-73not60

§1305 Federal Lessee Protection

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

Last updated Apr 5, 2026|Official source

Summary

When the coal to be mined is owned by the Federal Government and the land surface is under a federal lease or permit, the operator’s permit application must include one of two things. The application must have either a written OK from the person who holds the surface lease or permit to start mining, or a bond to the United States or the State (as appropriate) that protects the surface leaseholder and guarantees payment for any damage to crops or to physical improvements. The amount of damage can be agreed on by the parties or decided by a court. This bond is extra and does not replace the separate 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 5, 2026

Release point: 119-73not60