View all text of Subchapter VII [§ 1291 - § 1309b]
§ 1304. Surface owner protection
(a) Applicability
(b) Lease of coal deposits governed by section 201 of this title
(c) Consent to lease by surface owner
(d) Preferences
(e) “Surface owner” defined
For 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
(g) Effect on property rights of United States or any other landowner
(Pub. L. 95–87, title VII, § 714, Aug. 3, 1977, 91 Stat. 524.)