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 classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. The Water Pollution Control Act, referred to in sub- sec. (a), probably means act June 30, 1948, ch. 758, 62 Stat. 1155, known as the Federal Water Pollution Con- trol Act, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1251 of Title 33 and Tables. The Department of Energy Organization Act, referred to in subsec. (a), is Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, which is classified principally to chapter 84 (§ 7101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of Title 42 and Tables. § 1304. Surface owner protection (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 min- ing techniques. (b) Lease of coal deposits governed by section 201 of this title Any coal deposits subject to this section shall be offered for lease pursuant to section 201(a) of this title. (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 com- mence surface mining operations and the Sec- retary 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 com- prehensive land-use plans required by section 201(a) of this title, 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 tech- niques in those areas where a significant num- ber 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 ‘‘sur- face 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 oper- ations; or receive directly a significant por- tion 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 Sec- retary 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 sub- section. (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. (Pub. L. 95–87, title VII, § 714, Aug. 3, 1977, 91 Stat. 524.) Page 314 TITLE 30—MINERAL LANDS AND MINING § 1305 § 1305. Federal lessee protection In those instances where the coal proposed to be mined by surface coal mining operations is owned by the Federal Government and the sur- face 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 un- dertaking 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 improve- ments of the permittee or lessee of the surface lands as may be determined by the parties in- volved, 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 re- quired for reclamation under this chapter. (Pub. L. 95–87, title VII, § 715, Aug. 3, 1977, 91 Stat. 525.) § 1306. Effect on rights of owner of coal in Alaska to conduct surface mining operations Nothing in this chapter shall be construed as increasing or diminishing the rights of any owner of coal in Alaska to conduct or authorize surface coal mining operations for coal which has been or is hereafter conveyed out of Federal ownership to the State of Alaska or pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]: Provided, That such surface coal mining operations meet the requirements of this chapter. (Pub. L. 95–87, title VII, § 716, Aug. 3, 1977, 91 Stat. 526.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in text, is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. § 1307. Water rights and replacement (a) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation. (b) The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, in- dustrial, or other legitimate use from an under- ground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such surface coal mine operation. (Pub. L. 95–87, title VII, § 717, Aug. 3, 1977, 91 Stat. 526.) § 1308. Advance appropriations Notwithstanding any other provision of this chapter, no authority to make payments under this chapter shall be effective except to such ex- tent or in such amounts as are provided in ad- vance in appropriation Acts. (Pub. L. 95–87, title VII, § 718, Aug. 3, 1977, 91 Stat. 526.) § 1308a. Use of civil penalty funds to reclaim lands In fiscal year 2009 and thereafter, the Sec- retary of the Interior, pursuant to regulations, may use directly or through grants to States, moneys collected for civil penalties assessed under section 1268 of this title, to reclaim lands adversely affected by coal mining practices after August 3, 1977, to remain available until ex- pended. (Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat. 712.) Editorial Notes CODIFICATION Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appro- priations Act, 2009, and also as part of the Omnibus Ap- propriations Act, 2009, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. § 1308b. Transfer of computer hardware, soft- ware and other technical equipment In fiscal year 2015 and each fiscal year there- after, with funds available for the Technical In- novation and Professional Services program in this or any other Act with respect to any fiscal year, the Secretary may transfer title for com- puter hardware, software and other technical equipment to State and tribal regulatory and reclamation programs. (Pub. L. 113–235, div. F, title I, Dec. 16, 2014, 128 Stat. 2407.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is div. F of Pub. L. 113–235, Dec. 16, 2014, 128 Stat. 2396, known as the De- partment of the Interior, Environment, and Related Agencies Appropriations Act, 2015. For complete classi- fication of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriations act: Pub. L. 113–76, div. G, title I, Jan. 17, 2014, 128 Stat. 299. § 1309. Certification and training of blasters In accordance with this chapter, the Secretary of the Interior (or the approved State regulatory