Page:United States Statutes at Large Volume 91.djvu/559

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 525

owned by a surface owner as defined in this section is to be mined by methods other than underground mining techniques. (b) Any coal deposits subject to this section shall be offered for lease pursuant to section 2(a) of the Mineral Lands Leasing Act of 1920, 30 USC 201. as amended, (c) The Secretary shall not enter into any lease of Federal coal Consent. 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 the enactment of this Act shall Le deemed sulficient for the purposes of complying with this section. (d) 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 2(a) of the Mineral Lands leasing Act of 1920, as amended, 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) For the purpose of this section the term "surface owner" means 'Surface owner. 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) This section shall not apply to Indian lands. (g) Nothing in this section shall be construed as increasing or diminishing any property rights by the United States or by any other landowner. FEDERAL LESSEE PROTECTION

SEC. 715. In those instances where the coal proposed to be mined by Permit surface coal mining operations is owned by the Federal Government applications, and the surface is subject to a lease or a permit issued by the Federal contents. 30 USC 1305. 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

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