43 C.F.R. § 3427.1

Deposits subject to consent

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On split estate lands (43 CFR 3400.0-5(kk)) where the surface is owned by a qualified surface owner, coal deposits that will be mined by other than underground mining techniques shall not be included in a lease sale without evidence of written consent from the qualified surface owner (43 CFR 3400.0-5(gg)) allowing entry and commencement of surface mining operations.

[47 FR 33142, July 30, 1982]

Notes of Decisions

Cited in 2 cases, 1992–2019 · leading case: Nat. Resources Def. Council, Inc. v. Jamison, 815 F. Supp. 454 (D.D.C. 1992).

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Nat. Resources Def. Council, Inc. v. Jamison, 815 F. Supp. 454 (D.D.C. 1992). “…81 . Defendants’ August 26, 1983 Memorandum in Support of Their Cross-Motion for Summary Judgment at 91 n. 1. 82 . 43 C.F.R. § 3427.1 (1991).”

WildEarth Guardians v. Haaland (D. Utah 2019). “§ 201 (a)(3)(A)(iii); see 43 C.F.R. § 3427.1 . 8 CFC is an intervenor in this case.”

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