30 U.S.C. § 1304

Surface owner protection

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 30 CasesGoogle Scholar

(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

Any coal deposits subject to this section shall be offered for lease pursuant to section 201(a) of this title.

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, 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” definedFor 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.

(Pub. L. 95–87, title VII, § 714, Aug. 3, 1977, 91 Stat. 524.)

Notes of Decisions

Cited in 6 cases, 1985–2014 · leading case: Nat'l Wildlife Fed'n v. Burford, 677 F. Supp. 1445 (D. Mont. 1985).

Sort: Relevance Newest Treatment

Nat'l Wildlife Fed'n v. Burford, 677 F. Supp. 1445 (D. Mont. 1985). · cites it 4× “SMCRA also requires the Secretary to consult with surface owners whose land is proposed to be included in a lease tract during land use planning to determine whether the surface owner has a preference for or against the leasing of coal deposits under his land.”

Nat. Resources Def. Council, Inc. v. Jamison, 815 F. Supp. 454 (D.D.C. 1992). · cites it 5× “30 U.S.C. § 1304 (c). SMCRA confínes its definition of a “surface owner” to those persons 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…”

Crow Tribe of Indians v. Peters, 835 F. Supp. 2d 985 (D. Mont. 2011). · cites it 6× “Second, Westmoreland asserts that the Surface Mining Control and Reclamation Act of 1977 [SMCRA], 30 U.S.C. § 1304 , is the applicable federal statute and does not require surface-owner consent on Indian lands.”

M.L. Johnson Fam. Props., LLC v. Jewell, 27 F. Supp. 3d 767 (E.D. Ky. 2014). “Although the term “surface owner” in § 1260 is undefined, that phrase carries a particular meaning in a different section of the Act.”

Nat. Resources Def. Council, Inc. v. Jamison, 787 F. Supp. 231 (D.D.C. 1990). “” 30 U.S.C. § 1304 (c). Clearly, here Congress intended that such organizations, as plaintiff organizations, representing the interests of members who are qualified surface owners, be given a role in the surface mining control and reclamation process and the monitoring of the…”

Nat. Resources Def. Council, Inc. v. Burford, 716 F. Supp. 632 (D.D.C. 1988). “§ 1272 (b); and, where the government owns the mineral rights located beneath privately owned surface lands, that mineral rights not be leased without the surface owner’s consent.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.