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U.S. Code as of:
01/19/04
Section 299. Reservation of coal and mineral rights
(a) General provisions
All entries made and patents issued under the provisions of this
subchapter shall be subject to and contain a reservation to the
United States of all the coal and other minerals in the lands so
entered and patented, together with the right to prospect for,
mine, and remove the same. The coal and other mineral deposits in
such lands shall be subject to disposal by the United States in
accordance with the provisions of the coal and mineral land laws in
force at the time of such disposal. Any person qualified to locate
and enter the coal or other mineral deposits, or having the right
to mine and remove the same under the laws of the United States,
shall have the right at all times to enter upon the lands entered
or patented, as provided by this subchapter, for the purpose of
prospecting for coal or other mineral therein, provided he shall
not injure, damage, or destroy the permanent improvements of the
entryman or patentee, and shall be liable to and shall compensate
the entryman or patentee for all damages to the crops on such lands
by reason of such prospecting. Any person who has acquired from the
United States the coal or other mineral deposits in any such land,
or the right to mine and remove the same, may reenter and occupy so
much of the surface thereof as may be required for all purposes
reasonably incident to the mining or removal of the coal or other
minerals, first, upon securing the written consent or waiver of the
homestead entryman or patentee; second, upon payment of the damages
to crops or other tangible improvements to the owner thereof, where
agreement may be had as to the amount thereof; or, third, in lieu
of either of the foregoing provisions, upon the execution of a good
and sufficient bond or undertaking to the United States for the use
and benefit of the entryman or owner of the land, to secure the
payment of such damages to the crops or tangible improvements of
the entryman or owner, as may be determined and fixed in an action
brought upon the bond or undertaking in a court of competent
jurisdiction against the principal and sureties thereon, such bond
or undertaking to be in form and in accordance with rules and
regulations prescribed by the Secretary of the Interior and to be
filed with and approved by the officer designated by the Secretary
of the Interior of the local land office of the district wherein
the land is situate, subject to appeal to the Secretary of the
Interior or such officer as he may designate: Provided, That all
patents issued for the coal or other mineral deposits herein
reserved shall contain appropriate notations declaring them to be
subject to the provisions of this subchapter with reference to the
disposition, occupancy, and use of the land as permitted to an
entryman under this subchapter.
(b) Exploration; location of mining claims; notices
(1) In general
(A) Notwithstanding subsection (a) of this section and any
other provision of law to the contrary, after the effective date
of this subsection no person other than the surface owner may
enter lands subject to this subchapter to explore for, or to
locate, a mining claim on such lands without -
(i) filing a notice of intention to locate a mining claim
pursuant to paragraph (2); and
(ii) providing notice to the surface owner pursuant to
paragraph (3).
(B) Any person who has complied with the requirements referred
to in subparagraph (A) may, during the authorized exploration
period, in order to locate a mining claim, enter lands subject to
this subchapter to undertake mineral activities related to
exploration that cause no more than a minimal disturbance of
surface resources and do not involve the use of mechanized
earthmoving equipment, explosives, the construction of roads,
drill pads, or the use of toxic or hazardous materials.
(C) The authorized exploration period referred to in
subparagraph (B) shall begin 30 days after notice is provided
under paragraph (3) with respect to lands subject to such notice
and shall end with the expiration of the 90-day period referred
to in paragraph (2)(A) or any extension provided under paragraph
(2).
(2) Notice of intention to locate a mining claim
Any person seeking to locate a mining claim on lands subject to
this subchapter in order to engage in the mineral activities
relating to exploration referred to under paragraph (1)(B) shall
file with the Secretary of the Interior a notice of intention to
locate a claim on the lands concerned. The notice shall be in
such form as the Secretary shall prescribe. The notice shall
contain the name and mailing address of the person filing the
notice and a legal description of the lands to which the notice
applies. The legal description shall be based on the public land
survey or on such other description as is sufficient to permit
the Secretary to record the notice on the land status records of
the Secretary. Whenever any person has filed a notice under this
paragraph with respect to any lands, during the 90-day period
following the date of such filing, or any extension thereof
pursuant to this paragraph, no other person (including the
surface owner) may -
(A) file such a notice with respect to any portions of such
lands;
(B) explore for minerals or locate a mining claim on any
portion of such lands; or
(C) file an application to acquire any interest in any
portion of such lands pursuant to section 1719 of this title.
If, within such 90-day period, the person who filed a notice
under this paragraph files a plan of operations with the
Secretary pursuant to subsection (f) of this section, such 90-day
period shall be extended until the approval or disapproval of the
plan by the Secretary pursuant to subsection (f) of this section.
(3) Notice to surface owner
Any person who has filed a notice of intention to locate a
mining claim under paragraph (2) for any lands subject to this
subchapter shall provide written notice of such filing, by
registered or certified mail with return receipt, to the surface
owner (as evidenced by local tax records) of the lands covered by
the notice under paragraph (2). The notice shall be provided at
least 30 days before entering such lands and shall contain each
of the following:
(A) A brief description of the proposed mineral activities.
(B) A map and legal description of the lands to be subject to
mineral exploration.
(C) The name, address and phone number of the person managing
such activities.
(D) A statement of the dates on which such activities will
take place.
(4) Acreage limitations
The total acreage covered at any time by notices of intention
to locate a mining claim under paragraph (2) filed by any person
and by affiliates of such person may not exceed 6,400 acres of
lands subject to this subchapter in any one State and 1,280 acres
of such lands for a single surface owner. For purposes of this
paragraph, the term "affiliate" means, with respect to any
person, any other person which controls, is controlled by, or is
under common control with, such person.
(c) Consent
Notwithstanding subsection (a) of this section and any other
provision of law, after the effective date of this subsection no
person may engage in the conduct of mineral activities (other than
those relating to exploration referred to in subsection (b)(1)B)
(!1) of this section) on a mining claim located on lands subject to
this subchapter without the written consent of the surface owner
thereof unless the Secretary has authorized the conduct of such
activities under subsection (d) of this section.
(d) Authorized mineral activities
The Secretary shall authorize a person to conduct mineral
activities (other than those relating to exploration referred to in
subsection (b)(1)(B) of this section) on lands subject to this
subchapter without the consent of the surface owner thereof if such
person complies with the requirements of subsections (e) and (f) of
this section.
(e) Bond
(1) Before the Secretary may authorize any person to conduct
mineral activities the Secretary shall require such person to post
a bond or other financial guarantee in an amount to insure the
completion of reclamation pursuant to this subchapter. Such bond or
other financial guarantee shall ensure -
(A) payment to the surface owner, after the completion of such
mineral activities and reclamation, compensation for any
permanent damages to crops and tangible improvements of the
surface owner that resulted from mineral activities; and
(B) payment to the surface owner of compensation for any
permanent loss of income of the surface owner due to loss or
impairment of grazing, or other uses of the land by the surface
owner to the extent that reclamation required by the plan of
operations would not permit such uses to continue at the level
existing prior to the commencement of mineral activities.
(2) In determining the bond amount to cover permanent loss of
income under paragraph (1)(B), the Secretary shall consider, where
appropriate, the potential loss of value due to the estimated
permanent reduction in utilization of the land.
(f) Plan of operations
(1) Before the Secretary may authorize any person to conduct
mineral activities on lands subject to this subchapter, the
Secretary shall require such person to submit a plan of operations.
Such plan shall include procedures for -
(A) the minimization of damages to crops and tangible
improvements of the surface owner;
(B) the minimization of disruption to grazing or other uses of
the land by the surface owner; and
(C) payment of a fee for the use of surface during mineral
activities equivalent to the loss of income to the ranch
operation as established pursuant to subsection (g) of this
section.
(2) The Secretary shall provide a copy of the proposed plan of
operations to the surface owner at least 45 days prior to the date
the Secretary makes a determination as to whether such plan
complies with the requirements of this subsection. During such
45-day period the surface owner may submit comments and recommend
modifications to the proposed plan of operations to the Secretary.
(3)(A) The Secretary shall, within 60 days of receipt of the
plan, approve the plan of operations if it complies with the
requirements of this subchapter, including each of the following:
(i) The proposed plan of operations is complete and accurate.
(ii) The person submitting the proposed plan of operations has
demonstrated that all other applicable Federal and State
requirements have been met.
(B) The Secretary shall notify the person submitting a plan of
operations of any modifications to such plan required to bring it
into compliance with the requirements of this subchapter. If the
person submitting the plan agrees to modify such plan in a manner
acceptable to the Secretary, the Secretary shall approve the plan
as modified. In the event no agreement can be reached on the
modifications to the plan which, in the opinion of the Secretary,
will bring such plan into compliance with the requirements of this
subchapter, then the Secretary shall disapprove the plan and notify
both the surface owner and the person submitting the plan of the
decision.
(C) The 60-day period referred to in subparagraph (A) may be
extended by the Secretary where additional time is required to
comply with other applicable requirements of law.
(D) The Secretary shall suspend or revoke a plan of operation
whenever the Secretary determines, on the Secretary's own motion or
on a motion made by the surface owner, that the person conducting
mineral activities is in substantial noncompliance with the terms
and conditions of an approved plan of operations and has failed to
remedy a violation after notice from the Secretary within the time
required by the Secretary.
(4) Final approval of a plan of operations under this subsection
shall be conditioned upon compliance with subsections (e) and (g)
of this section.
(g) Fee
The fee referred to in subsection (f)(1) of this section shall be
-
(1) paid to the surface owner by the person submitting the plan
of operations;
(2) paid in advance of any mineral activities or at such other
time or times as may be agreed to by the surface owner and the
person conducting such activities; and
(3) established by the Secretary taking into account the
acreage involved and the degree of potential disruption to
existing surface uses during mineral activities (including the
loss of income to the surface owner and such surface owner's
operations due to the loss or impairment of existing surface uses
for the duration of the mineral activities), except that such fee
shall not exceed the fair market value for the surface of the
land.
(h) Reclamation
Lands affected by mineral activities under a plan of operations
approved pursuant to subsection (f)(3) of this section shall be
reclaimed, to the maximum extent practicable, to a condition
capable of supporting the uses to which such lands were capable of
supporting prior to surface disturbance. Reclamation shall proceed
as contemporaneously as practicable with the conduct of mineral
activities.
(i) State law
(1) Nothing in this subchapter shall be construed as affecting
any reclamation, bonding, inspection, enforcement, air or water
quality standard or requirement of any State law or regulation
which may be applicable to mineral activities on lands subject to
this subchapter to the extent that such law or regulation is not
inconsistent with this title.(!2)
(2) Nothing in this subchapter shall be construed as affecting in
any way the right of any person to enforce or protect, under
applicable law, the interest of such person in water resources
affected by mineral activities.
(j) Inspections
Should any surface owner of land subject to this subchapter have
reason to believe that they are or may be adversely affected by
mineral activities due to any violation of the terms and conditions
of a plan of operations approved under subsection (f) of this
section, such surface owner may request an inspection of such
lands. The Secretary shall determine within 10 days of the receipt
of the request whether the request states a reason to believe that
a violation exists, except in the event the surface owner alleges
and provides reason to believe that an imminent danger exists, the
10-day period shall be waived and the inspection conducted
immediately. When an inspection is conducted under this paragraph,
the Secretary shall notify the surface owner and such surface owner
shall be allowed to accompany the inspector on the inspection.
(k) Damages for failure to comply
(1) Whenever the surface owner of any land subject to this
subchapter has suffered any permanent damages to crops or tangible
improvements of the surface owner, or any permanent loss of income
due to loss or impairment of grazing, or other uses of the land by
the surface owner, if such damages or loss result from -
(A) any mineral activity undertaken without the consent of the
surface owner under subsection (c) of this section or an
authorization by the Secretary under subsection (d) of this
section; or
(B) the failure of the person conducting mineral activities to
remedy to the satisfaction of the Secretary any substantial
noncompliance with the terms and conditions of a plan under
subsection (f) of this section;
the surface owner may bring an action in the appropriate United
States district court for, and the court may award, double damages
plus costs for willful misconduct or gross negligence.
(2) The surface owner of any land subject to this subchapter may
also bring an action in the appropriate United States district
court for double damages plus costs for willful misconduct or gross
negligence against any person undertaking any mineral activities on
lands subject to this subchapter in violation of any requirement of
subsection (b) of this section.
(3) Any double damages plus costs awarded by the court under this
subsection shall be reduced by the amount of any compensation which
the surface owner has received (or is eligible to receive) pursuant
to the bond or financial guarantee required under subsection (e) of
this section.
(l) Payment of financial guarantee
The surface owner of any land subject to this subchapter may
petition the Secretary for payment of all or any portion of a bond
or other financial guarantee required under subsection (e) of this
section as compensation for any permanent damages to crops and
tangible improvements of the surface owner, or any permanent loss
of income due to loss or impairment of grazing, or other uses of
the land by the surface owner. Pursuant to such a petition, the
Secretary may use such bond or other guarantee to provide
compensation to the surface owner for such damages and to insure
the required reclamation.
(m) Bond release
The Secretary shall release the bond or other financial guarantee
required under subsection (e) of this section upon the successful
completion of all requirements pursuant to a plan of operations
approved under subsection (f) of this section.
(n) Conveyance to surface owner
The Secretary shall take such actions as may be necessary to
simplify the procedures which must be complied with by surface
owners of lands subject to this subchapter who apply to the
Secretary to obtain title to interests in such lands owned by the
United States.
(o) Definitions
For the purposes of subsections (b) through (n) of this section -
(1) The term "mineral activities" means any activity for,
related to or incidental to mineral exploration, mining, and
beneficiation activities for any locatable mineral on a mining
claim. When used with respect to this term -
(A) the term "exploration" means those techniques employed to
locate the presence of a locatable mineral deposit and to
establish its nature, position, size, shape, grade and value;
(B) the term "mining" means the processes employed for the
extraction of a locatable mineral from the earth; and
(C) the term "beneficiation" means the crushing and grinding
of locatable mineral ore and such processes are employed to
free the mineral from the other constituents, including but not
necessarily limited to, physical and chemical separation
techniques.
(2) The term "mining claim" means a claim located under the
general mining laws of the United States (which generally
comprise 30 U.S.C. chapters 2, 12A, and 16, and sections 161 and
162) subject to the terms and conditions of subsections (b)
through (p) of this section.
(3) The term "tangible improvements" includes agricultural,
residential and commercial improvements, including improvements
made by residential subdividers.
(p) Minerals covered
Subsections (b) through (o) of this section apply only to
minerals not subject to disposition under -
(1) the Mineral Leasing Act (30 U.S.C. 181 and following);
(2) the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.];
or
(3) the Act of July 31, 1947, commonly known as the Materials
Act of 1947 (30 U.S.C. 601 and following).
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