---
kind: "section"
citation: "30 U.S.C. § 1305"
title: "30"
title_heading: "Mineral Lands and Mining"
number: "1305"
heading: "Federal lessee protection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/30/1305"
units:
  - "Chapter 25 — Surface Mining Control and Reclamation"
  - "Subchapter VII — Administrative and Miscellaneous Provisions"
---

# §1305. Federal lessee protection


In those instances where the coal proposed to be mined by [surface coal mining operations](/usc/30/1291.md?p=28) is owned by the Federal Government and the surface is subject to a lease or a [permit](/usc/30/1291.md?p=15) issued by the Federal Government, the application for a [permit](/usc/30/1291.md?p=15) shall include either:

- (1) the written consent of the [permittee](/usc/30/1291.md?p=18) or lessee of the surface lands involved to enter and commence [surface coal mining operations](/usc/30/1291.md?p=28) on such land, or in lieu thereof;
- (2) evidence of the execution of a bond or undertaking to the United States or the [State](/usc/30/1291.md?p=24), whichever is applicable, for the use and benefit of the [permittee](/usc/30/1291.md?p=18) 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](/usc/30/1291.md?p=18) 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](/usc/30/1291.md?p=13) 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.

## Source credit

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