---
kind: "section"
citation: "30 U.S.C. § 1304"
title: "30"
title_heading: "Mineral Lands and Mining"
number: "1304"
heading: "Surface owner protection"
release: "119-102"
url: "https://uscodex.org/usc/30/1304"
units:
  - "Chapter 25 — Surface Mining Control and Reclamation"
  - "Subchapter VII — Administrative and Miscellaneous Provisions"
---

# §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](#e) 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](/usc/30/201.md?p=a).
- (c) **Consent to lease by surface owner—** The [Secretary](/usc/30/1291.md?p=23) shall not enter into any lease of Federal coal deposits until the [surface owner](#e) has given written consent to enter and commence surface mining operations and the [Secretary](/usc/30/1291.md?p=23) has obtained evidence of such consent. Valid written consent given by any [surface owner](#e) 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](#e) 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](/usc/30/201.md?p=a), the [Secretary](/usc/30/1291.md?p=23) shall consult with any [surface owner](#e) whose land is proposed to be included in a leasing tract and shall ask the [surface owner](#e) to [state](/usc/30/1291.md?p=24) his preference for or against the offering of the deposit under his land for lease. The [Secretary](/usc/30/1291.md?p=23) 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](#e) 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](/usc/30/1291.md?p=19) or [persons](/usc/30/1291.md?p=19) (or corporation, the majority stock of which is held by a [person](/usc/30/1291.md?p=19) or [persons](/usc/30/1291.md?p=19) 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](/usc/30/1291.md?p=28); 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)](#e-1) and [(2)](#e-2) for a period of at least three years prior to the granting of the consent.

  In computing the three-year period the [Secretary](/usc/30/1291.md?p=23) may include periods during which title was owned by a relative of such [person](/usc/30/1291.md?p=19) 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](/usc/30/1291.md?p=9).
- (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.

## Source credit

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