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Title 30 — Mineral Lands and Mining

Chapter 25 — Surface Mining Control and Reclamation

§ 1305. Federal lessee protection

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Surface Mining Control and Reclamation Act of 1977

    Pub. L. 95–87 title VII § 715 · 91 Stat. 445

    Enacted · 30 U.S.C. § 1305

    (Pub. L. 95–87, title VII, § 715, Aug. 3, 1977, 91 Stat. 525.)

    Source evidence

    Code source credit
    (Pub. L. 95–87, title VII, § 715, Aug. 3, 1977, 91 Stat. 525.)

    Enacted provision · exact public law section
    Sec. 715. federal lessee protection In those instances where the coal proposed to be mined by Permit applications, contents. 30 USC 1305. 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 Act.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 95–87, title VII, § 715, , 91 Stat. 525.)

Parsed from the official OLRC USLM XML in data/usc_all/usc30.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t30/s1305