Title 30, Mineral Lands and MiningRelease 119-102
§1305 Federal Lessee Protection
Title 30 › CHAPTER 25 — SURFACE MINING CONTROL AND RECLAMATION › SUBCHAPTER VII — ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS › § 1305
Summary
A permit application for surface coal mining must include either the surface leaseholder’s written permission to enter and begin mining, or proof of a bond to the United States or the state that protects the leaseholder against damage to crops or to tangible improvements. That bond is separate from the reclamation performance bond and can secure damages agreed by the parties or fixed by a court.
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
Aug 21, 2026
Release point: 119-102