Browse Arkansas Code titles and sections

30 U.S.C. § 1304 — Surface owner protection

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1304 — Surface owner protection

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1304

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 1ff4fbda983f3d4d4a4799e0096be33146037ac940f3913d6d231dac53c39403. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_e6bb944a7f6d87cc1368e4b0
Source file: Laws/federal/codes/united-states-code/title-30/section-1304-surface-owner-protection--838730e9d7.md
Pages: Not recorded – Not recorded
Passage SHA-256: 1ffc3419b6664472cbdf295df797b54c0c442cfaf19db3fcf0e58074aecce628

Source location: Title 30, Chapter 25, § 1304; chapter-025-surface-mining-control-and-reclamation.md

Stored source content

**(a) Applicability** 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) Lease of coal deposits governed by [section 201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section201&num=0&edition=prelim)** Any coal deposits subject to this section shall be offered for lease pursuant to [section 201(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section201/a&num=0&edition=prelim). **(c) Consent to lease by surface owner** 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) Preferences** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section201/a&num=0&edition=prelim), 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) “Surface owner” defined** 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. In computing the three-year period the Secretary may include periods during which title was owned by a relative of such person by blood or marriage during which period such relative would have met the requirements of this subsection. **(f) Exception** This section shall not apply to Indian lands. **(g) Effect on property rights of United States or any other landowner** Nothing in this section shall be construed as increasing or diminishing any property rights by the United States or by any other landowner.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 201 — Leases and exploration

**(a) Leases** (1) The Secretary of the Interior is authorized to divide any lands subject to this chapter which have been classified for coal leasing into leasing tracts of such size as he finds appropriate and in the public interest and which will permit the mining of all coal which can be economically extracted in such tract and thereafter he shall, in his discretion, upon the request of any qualified applicant or on his own motion, from time to time, offer such lands for leasing and shall award leases thereon by competitive bidding: Provided, That notwithstanding the competitive bidding requirement of this section, the Secretary may, subject to such conditions which he deems appropriate, negotiate the sale at fair market value of coal the removal of which is necessary and incidental to the exercise of a right-of-way permit issued pursuant to title V of the Federal Land Policy and Management Act of 1976 [[43 U.S.C. 1761](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1761&num=0&edition=prelim) et seq.]. No less than 50 per centum of the total acreage offered for lease by the Secretary in any one year shall be leased under a system of deferred bonus payment. Upon default or cancellation of any coal lease for which bonus payments are due, any unpaid remainder of the bid shall be immediately payable to the United States. A reasonable number of leasing tracts shall be reserved and offered for lease in accordance with this section to public bodies, including Federal agencies, rural electric cooperatives, or nonprofit corporations controlled by any of such entities: Provided, That the coal so offered for lease shall be for use by such entity or entities in implementing a definite plan to produce energy for their own use or for sale to their me

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 201

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1304 — Surface owner protection

Page 313 TITLE 30—MINERAL LANDS AND MINING § 1304 COST-BASED FEES FOR PRODUCTS OF MINE MAP REPOSITORY Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–244, provided in part that: ‘‘Be- ginning in fiscal year 1999 and thereafter, cost-based fees for the products of the Mine Map Repository shall be established (and revised as needed) in Federal Reg- ister Notices, and shall be collected and credited to this account, to be available until expended for the costs of administering this program.’’ § 1303. Coordination of regulatory and inspection activities (a) The President shall, to the extent appro- priate, and in keeping with the particular en- forcement requirements of each Act referred to herein, insure the coordination of regulatory and inspection activities among the depart- ments, agencies, and instrumentalities to which such activities are assigned by this chapter, by the Clean Air Act [42 U.S.C. 7401 et seq.], by the Water Pollution Control Act [33 U.S.C. 1251 et seq.], by the Department of Energy Organization Act [42 U.S.C. 7101 et seq.], and by existing or subsequently enacted Federal mine safety and health laws, except that no such coordination shall be required with respect to mine safety and health inspections, advance notice of which is or may be prohibited by existing or subse- quently enacted Federal mine safety and health laws. (b) The President may execute the coordina- tion required by this section by means of an Ex- ecutive order, or by any other mechanism he de- termines to be appropriate. (Pub. L. 95–87, title VII, § 713, Aug. 3, 1977, 91 Stat. 524.) Editorial Notes REFERENCES IN TEXT The Clean Air Act, referred to in subsec. (a), is act July 14, 1955, ch. 360, 69 Stat. 322, which is class

Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1304

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.