**Title:** Energy Policy Act of 2005, Section 1835, Split-Estate Federal
Oil and Gas Leasing and Development Practices

**Task:** The Secretary shall review the current policies and practices
with respect to management of Federal subsurface oil and gas development
activities and their effects.

-   \(2\) a comparison of the surface owner consent provisions in
    section 714 of the Surface Mining Control and Reclamation Act of
    1977 (30U.S.C.1304) concerning surface mining of Federal coal
    deposits and the surface owner consent provisions for oil and gas
    development, including coalbed methane production; and

-   \(3\) recommendations for administrative or legislative action
    necessary to facilitate reasonable access for Federal oil and gas
    activities while addressing surface owner concerns and minimizing
    impacts to private surface.

**Brief Summary:**

Under the provisions of Section 714 of the Surface Mining Control and
Reclamation Act (SMCRA) of 1977 (30U.S.C.1304), BLM is required to
notify the surface owner and obtain the surface owner's consent prior to
leasing Federal coal for surface mining. Surface owner consent is not
required for underground mining.

There are no provisions for obtaining surface owner consent prior to the
oil and gas lease sale in either the Stock Raising Homestead Act of 1916
or the Mineral Leasing Act of 1920, as updated.

The impact to the surface owner from surface mining coal is
substantially greater than the impact of developing oil and natural gas
resources, including coalbed methane.

There is an option for underground mining of coal if a surface owner
refuses surface coal mining. For oil and gas development, the operator
can typically directionally drill ¼ mile to ½ mile for targets from
5,000 to 10,000 feet or greater in depth. For both underground mining
and directional drilling there must be surface area available nearby for
the entrance to the mine or to set up the drilling rig.

> (BLM sections are shaded.)

+-------+-------------------------------------------+-----------------+
| Se    |                                           |                 |
| ction |                                           |                 |
| 714   |                                           |                 |
| of    |                                           |                 |
| the   |                                           |                 |
| Su    |                                           |                 |
| rface |                                           |                 |
| M     |                                           |                 |
| ining |                                           |                 |
| Co    |                                           |                 |
| ntrol |                                           |                 |
| and   |                                           |                 |
| R     |                                           |                 |
| eclam |                                           |                 |
| ation |                                           |                 |
| Act   |                                           |                 |
| of    |                                           |                 |
| 1977  |                                           |                 |
| (30U  |                                           |                 |
| .S.C. |                                           |                 |
| 1304) |                                           |                 |
+-------+-------------------------------------------+-----------------+
| P     |                                           |                 |
| UBLIC |                                           |                 |
| LAW   |                                           |                 |
| 9     |                                           |                 |
| 5-87\ |                                           |                 |
| Su    |                                           |                 |
| rface |                                           |                 |
| M     |                                           |                 |
| ining |                                           |                 |
| Co    |                                           |                 |
| ntrol |                                           |                 |
| and   |                                           |                 |
| R     |                                           |                 |
| eclam |                                           |                 |
| ation |                                           |                 |
| Act   |                                           |                 |
| of    |                                           |                 |
| 1977  |                                           |                 |
|       |                                           |                 |
| *An   |                                           |                 |
| unoff |                                           |                 |
| icial |                                           |                 |
| OSM   |                                           |                 |
| c     |                                           |                 |
| ompil |                                           |                 |
| ation |                                           |                 |
| of    |                                           |                 |
| P.L.  |                                           |                 |
| 95-87 |                                           |                 |
| and   |                                           |                 |
| all   |                                           |                 |
| revi  |                                           |                 |
| sions |                                           |                 |
| th    |                                           |                 |
| rough |                                           |                 |
| Dec   |                                           |                 |
| ember |                                           |                 |
| 31,   |                                           |                 |
| 1993* |                                           |                 |
|       |                                           |                 |
| SU    |                                           |                 |
| RFACE |                                           |                 |
| OWNER |                                           |                 |
| P     |                                           |                 |
| ROTEC |                                           |                 |
| TION\ |                                           |                 |
| \[30  |                                           |                 |
| U     |                                           |                 |
| .S.C. |                                           |                 |
| 1     |                                           |                 |
| 304\] |                                           |                 |
|       |                                           |                 |
| SEC.  |                                           |                 |
| 714.  |                                           |                 |
| (a)   |                                           |                 |
| The   |                                           |                 |
| provi |                                           |                 |
| sions |                                           |                 |
| of    |                                           |                 |
| this  |                                           |                 |
| se    |                                           |                 |
| ction |                                           |                 |
| shall |                                           |                 |
| apply |                                           |                 |
| where |                                           |                 |
| coal  |                                           |                 |
| owned |                                           |                 |
| by    |                                           |                 |
| the   |                                           |                 |
| U     |                                           |                 |
| nited |                                           |                 |
| S     |                                           |                 |
| tates |                                           |                 |
| under |                                           |                 |
| land  |                                           |                 |
| the   |                                           |                 |
| su    |                                           |                 |
| rface |                                           |                 |
| r     |                                           |                 |
| ights |                                           |                 |
| to    |                                           |                 |
| which |                                           |                 |
| are   |                                           |                 |
| owned |                                           |                 |
| by a  |                                           |                 |
| su    |                                           |                 |
| rface |                                           |                 |
| owner |                                           |                 |
| as    |                                           |                 |
| de    |                                           |                 |
| fined |                                           |                 |
| in    |                                           |                 |
| this  |                                           |                 |
| se    |                                           |                 |
| ction |                                           |                 |
| is to |                                           |                 |
| be    |                                           |                 |
| mined |                                           |                 |
| by    |                                           |                 |
| me    |                                           |                 |
| thods |                                           |                 |
| other |                                           |                 |
| than  |                                           |                 |
| u     |                                           |                 |
| nderg |                                           |                 |
| round |                                           |                 |
| m     |                                           |                 |
| ining |                                           |                 |
| te    |                                           |                 |
| chniq |                                           |                 |
| ues.\ |                                           |                 |
| (b)   |                                           |                 |
| Any   |                                           |                 |
| coal  |                                           |                 |
| dep   |                                           |                 |
| osits |                                           |                 |
| su    |                                           |                 |
| bject |                                           |                 |
| to    |                                           |                 |
| this  |                                           |                 |
| se    |                                           |                 |
| ction |                                           |                 |
| shall |                                           |                 |
| be    |                                           |                 |
| of    |                                           |                 |
| fered |                                           |                 |
| for   |                                           |                 |
| lease |                                           |                 |
| pur   |                                           |                 |
| suant |                                           |                 |
| to    |                                           |                 |
| se    |                                           |                 |
| ction |                                           |                 |
| 2(a)  |                                           |                 |
| of    |                                           |                 |
| the   |                                           |                 |
| Mi    |                                           |                 |
| neral |                                           |                 |
| Lands |                                           |                 |
| Le    |                                           |                 |
| asing |                                           |                 |
| Act   |                                           |                 |
| of    |                                           |                 |
| 1920, |                                           |                 |
| as    |                                           |                 |
| amen  |                                           |                 |
| ded.\ |                                           |                 |
| (c)   |                                           |                 |
| The   |                                           |                 |
| Secr  |                                           |                 |
| etary |                                           |                 |
| shall |                                           |                 |
| not   |                                           |                 |
| enter |                                           |                 |
| into  |                                           |                 |
| any   |                                           |                 |
| lease |                                           |                 |
| of    |                                           |                 |
| Fe    |                                           |                 |
| deral |                                           |                 |
| coal  |                                           |                 |
| dep   |                                           |                 |
| osits |                                           |                 |
| until |                                           |                 |
| the   |                                           |                 |
| su    |                                           |                 |
| rface |                                           |                 |
| owner |                                           |                 |
| has   |                                           |                 |
| given |                                           |                 |
| wr    |                                           |                 |
| itten |                                           |                 |
| co    |                                           |                 |
| nsent |                                           |                 |
| to    |                                           |                 |
| enter |                                           |                 |
| and   |                                           |                 |
| com   |                                           |                 |
| mence |                                           |                 |
| su    |                                           |                 |
| rface |                                           |                 |
| m     |                                           |                 |
| ining |                                           |                 |
| opera |                                           |                 |
| tions |                                           |                 |
| and   |                                           |                 |
| the   |                                           |                 |
| Secr  |                                           |                 |
| etary |                                           |                 |
| has   |                                           |                 |
| obt   |                                           |                 |
| ained |                                           |                 |
| evi   |                                           |                 |
| dence |                                           |                 |
| of    |                                           |                 |
| such  |                                           |                 |
| con   |                                           |                 |
| sent. |                                           |                 |
| Valid |                                           |                 |
| wr    |                                           |                 |
| itten |                                           |                 |
| co    |                                           |                 |
| nsent |                                           |                 |
| given |                                           |                 |
| by    |                                           |                 |
| any   |                                           |                 |
| su    |                                           |                 |
| rface |                                           |                 |
| owner |                                           |                 |
| prior |                                           |                 |
| to    |                                           |                 |
| the   |                                           |                 |
| enac  |                                           |                 |
| tment |                                           |                 |
| of    |                                           |                 |
| this  |                                           |                 |
| Act   |                                           |                 |
| shall |                                           |                 |
| be    |                                           |                 |
| d     |                                           |                 |
| eemed |                                           |                 |
| suffi |                                           |                 |
| cient |                                           |                 |
| for   |                                           |                 |
| the   |                                           |                 |
| pur   |                                           |                 |
| poses |                                           |                 |
| of    |                                           |                 |
| comp  |                                           |                 |
| lying |                                           |                 |
| with  |                                           |                 |
| this  |                                           |                 |
| sect  |                                           |                 |
| ion.\ |                                           |                 |
| (d)   |                                           |                 |
| In    |                                           |                 |
| order |                                           |                 |
| to    |                                           |                 |
| min   |                                           |                 |
| imize |                                           |                 |
| d     |                                           |                 |
| istur |                                           |                 |
| bance |                                           |                 |
| to    |                                           |                 |
| su    |                                           |                 |
| rface |                                           |                 |
| o     |                                           |                 |
| wners |                                           |                 |
| from  |                                           |                 |
| su    |                                           |                 |
| rface |                                           |                 |
| coal  |                                           |                 |
| m     |                                           |                 |
| ining |                                           |                 |
| of    |                                           |                 |
| Fe    |                                           |                 |
| deral |                                           |                 |
| coal  |                                           |                 |
| dep   |                                           |                 |
| osits |                                           |                 |
| and   |                                           |                 |
| to    |                                           |                 |
| a     |                                           |                 |
| ssist |                                           |                 |
| in    |                                           |                 |
| the   |                                           |                 |
| p     |                                           |                 |
| repar |                                           |                 |
| ation |                                           |                 |
| of    |                                           |                 |
| com   |                                           |                 |
| prehe |                                           |                 |
| nsive |                                           |                 |
| lan   |                                           |                 |
| d-use |                                           |                 |
| plans |                                           |                 |
| req   |                                           |                 |
| uired |                                           |                 |
| by    |                                           |                 |
| se    |                                           |                 |
| ction |                                           |                 |
| 2(a)  |                                           |                 |
| of    |                                           |                 |
| the   |                                           |                 |
| Mi    |                                           |                 |
| neral |                                           |                 |
| Lands |                                           |                 |
| Le    |                                           |                 |
| asing |                                           |                 |
| Act   |                                           |                 |
| of    |                                           |                 |
| 1920, |                                           |                 |
| as    |                                           |                 |
| ame   |                                           |                 |
| nded, |                                           |                 |
| the   |                                           |                 |
| Secr  |                                           |                 |
| etary |                                           |                 |
| shall |                                           |                 |
| co    |                                           |                 |
| nsult |                                           |                 |
| with  |                                           |                 |
| any   |                                           |                 |
| su    |                                           |                 |
| rface |                                           |                 |
| owner |                                           |                 |
| whose |                                           |                 |
| land  |                                           |                 |
| is    |                                           |                 |
| pro   |                                           |                 |
| posed |                                           |                 |
| to be |                                           |                 |
| inc   |                                           |                 |
| luded |                                           |                 |
| in a  |                                           |                 |
| le    |                                           |                 |
| asing |                                           |                 |
| tract |                                           |                 |
| and   |                                           |                 |
| shall |                                           |                 |
| ask   |                                           |                 |
| the   |                                           |                 |
| su    |                                           |                 |
| rface |                                           |                 |
| owner |                                           |                 |
| to    |                                           |                 |
| state |                                           |                 |
| his   |                                           |                 |
| prefe |                                           |                 |
| rence |                                           |                 |
| for   |                                           |                 |
| or    |                                           |                 |
| ag    |                                           |                 |
| ainst |                                           |                 |
| the   |                                           |                 |
| off   |                                           |                 |
| ering |                                           |                 |
| of    |                                           |                 |
| the   |                                           |                 |
| de    |                                           |                 |
| posit |                                           |                 |
| under |                                           |                 |
| his   |                                           |                 |
| land  |                                           |                 |
| for   |                                           |                 |
| l     |                                           |                 |
| ease. |                                           |                 |
| The   |                                           |                 |
| Secr  |                                           |                 |
| etary |                                           |                 |
| s     |                                           |                 |
| hall, |                                           |                 |
| in    |                                           |                 |
| his   |                                           |                 |
| discr |                                           |                 |
| etion |                                           |                 |
| but   |                                           |                 |
| to    |                                           |                 |
| the   |                                           |                 |
| ma    |                                           |                 |
| ximum |                                           |                 |
| e     |                                           |                 |
| xtent |                                           |                 |
| pr    |                                           |                 |
| actic |                                           |                 |
| able, |                                           |                 |
| re    |                                           |                 |
| frain |                                           |                 |
| from  |                                           |                 |
| le    |                                           |                 |
| asing |                                           |                 |
| coal  |                                           |                 |
| dep   |                                           |                 |
| osits |                                           |                 |
| for   |                                           |                 |
| d     |                                           |                 |
| evelo |                                           |                 |
| pment |                                           |                 |
| by    |                                           |                 |
| me    |                                           |                 |
| thods |                                           |                 |
| other |                                           |                 |
| than  |                                           |                 |
| u     |                                           |                 |
| nderg |                                           |                 |
| round |                                           |                 |
| m     |                                           |                 |
| ining |                                           |                 |
| techn |                                           |                 |
| iques |                                           |                 |
| in    |                                           |                 |
| those |                                           |                 |
| areas |                                           |                 |
| where |                                           |                 |
| a     |                                           |                 |
| s     |                                           |                 |
| ignif |                                           |                 |
| icant |                                           |                 |
| n     |                                           |                 |
| umber |                                           |                 |
| of    |                                           |                 |
| su    |                                           |                 |
| rface |                                           |                 |
| o     |                                           |                 |
| wners |                                           |                 |
| have  |                                           |                 |
| s     |                                           |                 |
| tated |                                           |                 |
| a     |                                           |                 |
| prefe |                                           |                 |
| rence |                                           |                 |
| ag    |                                           |                 |
| ainst |                                           |                 |
| the   |                                           |                 |
| off   |                                           |                 |
| ering |                                           |                 |
| of    |                                           |                 |
| the   |                                           |                 |
| dep   |                                           |                 |
| osits |                                           |                 |
| for   |                                           |                 |
| le    |                                           |                 |
| ase.\ |                                           |                 |
| (e)   |                                           |                 |
| For   |                                           |                 |
| the   |                                           |                 |
| pu    |                                           |                 |
| rpose |                                           |                 |
| of    |                                           |                 |
| this  |                                           |                 |
| se    |                                           |                 |
| ction |                                           |                 |
| the   |                                           |                 |
| term  |                                           |                 |
| \"su  |                                           |                 |
| rface |                                           |                 |
| ow    |                                           |                 |
| ner\" |                                           |                 |
| means |                                           |                 |
| the   |                                           |                 |
| na    |                                           |                 |
| tural |                                           |                 |
| p     |                                           |                 |
| erson |                                           |                 |
| or    |                                           |                 |
| pe    |                                           |                 |
| rsons |                                           |                 |
| (or   |                                           |                 |
| co    |                                           |                 |
| rpora |                                           |                 |
| tion, |                                           |                 |
| the   |                                           |                 |
| maj   |                                           |                 |
| ority |                                           |                 |
| stock |                                           |                 |
| of    |                                           |                 |
| which |                                           |                 |
| is    |                                           |                 |
| held  |                                           |                 |
| by a  |                                           |                 |
| p     |                                           |                 |
| erson |                                           |                 |
| or    |                                           |                 |
| pe    |                                           |                 |
| rsons |                                           |                 |
| who   |                                           |                 |
| meet  |                                           |                 |
| the   |                                           |                 |
| other |                                           |                 |
| re    |                                           |                 |
| quire |                                           |                 |
| ments |                                           |                 |
| of    |                                           |                 |
| this  |                                           |                 |
| sec   |                                           |                 |
| tion) |                                           |                 |
| wh    |                                           |                 |
| o\--\ |                                           |                 |
| (1)   |                                           |                 |
| hold  |                                           |                 |
| legal |                                           |                 |
| or    |                                           |                 |
| equi  |                                           |                 |
| table |                                           |                 |
| title |                                           |                 |
| to    |                                           |                 |
| the   |                                           |                 |
| land  |                                           |                 |
| surf  |                                           |                 |
| ace;\ |                                           |                 |
| (2)   |                                           |                 |
| have  |                                           |                 |
| their |                                           |                 |
| prin  |                                           |                 |
| cipal |                                           |                 |
| place |                                           |                 |
| of    |                                           |                 |
| resi  |                                           |                 |
| dence |                                           |                 |
| on    |                                           |                 |
| the   |                                           |                 |
| land; |                                           |                 |
| or    |                                           |                 |
| perso |                                           |                 |
| nally |                                           |                 |
| co    |                                           |                 |
| nduct |                                           |                 |
| fa    |                                           |                 |
| rming |                                           |                 |
| or    |                                           |                 |
| ran   |                                           |                 |
| ching |                                           |                 |
| opera |                                           |                 |
| tions |                                           |                 |
| upon  |                                           |                 |
| a     |                                           |                 |
| farm  |                                           |                 |
| or    |                                           |                 |
| ranch |                                           |                 |
| unit  |                                           |                 |
| to be |                                           |                 |
| aff   |                                           |                 |
| ected |                                           |                 |
| by    |                                           |                 |
| su    |                                           |                 |
| rface |                                           |                 |
| coal  |                                           |                 |
| m     |                                           |                 |
| ining |                                           |                 |
| o     |                                           |                 |
| perat |                                           |                 |
| ions; |                                           |                 |
| or    |                                           |                 |
| re    |                                           |                 |
| ceive |                                           |                 |
| dir   |                                           |                 |
| ectly |                                           |                 |
| a     |                                           |                 |
| s     |                                           |                 |
| ignif |                                           |                 |
| icant |                                           |                 |
| po    |                                           |                 |
| rtion |                                           |                 |
| of    |                                           |                 |
| their |                                           |                 |
| in    |                                           |                 |
| come, |                                           |                 |
| if    |                                           |                 |
| any,  |                                           |                 |
| from  |                                           |                 |
| such  |                                           |                 |
| fa    |                                           |                 |
| rming |                                           |                 |
| or    |                                           |                 |
| ran   |                                           |                 |
| ching |                                           |                 |
| o     |                                           |                 |
| perat |                                           |                 |
| ions; |                                           |                 |
| and\  |                                           |                 |
| (3)   |                                           |                 |
| have  |                                           |                 |
| met   |                                           |                 |
| the   |                                           |                 |
| condi |                                           |                 |
| tions |                                           |                 |
| of    |                                           |                 |
| parag |                                           |                 |
| raphs |                                           |                 |
| (1)   |                                           |                 |
| and   |                                           |                 |
| (2)   |                                           |                 |
| for a |                                           |                 |
| p     |                                           |                 |
| eriod |                                           |                 |
| of at |                                           |                 |
| least |                                           |                 |
| three |                                           |                 |
| years |                                           |                 |
| prior |                                           |                 |
| to    |                                           |                 |
| the   |                                           |                 |
| gra   |                                           |                 |
| nting |                                           |                 |
| of    |                                           |                 |
| the   |                                           |                 |
| con   |                                           |                 |
| sent. |                                           |                 |
| In    |                                           |                 |
| comp  |                                           |                 |
| uting |                                           |                 |
| the   |                                           |                 |
| three |                                           |                 |
| -year |                                           |                 |
| p     |                                           |                 |
| eriod |                                           |                 |
| the   |                                           |                 |
| Secr  |                                           |                 |
| etary |                                           |                 |
| may   |                                           |                 |
| in    |                                           |                 |
| clude |                                           |                 |
| pe    |                                           |                 |
| riods |                                           |                 |
| d     |                                           |                 |
| uring |                                           |                 |
| which |                                           |                 |
| title |                                           |                 |
| was   |                                           |                 |
| owned |                                           |                 |
| by a  |                                           |                 |
| rel   |                                           |                 |
| ative |                                           |                 |
| of    |                                           |                 |
| such  |                                           |                 |
| p     |                                           |                 |
| erson |                                           |                 |
| by    |                                           |                 |
| blood |                                           |                 |
| or    |                                           |                 |
| mar   |                                           |                 |
| riage |                                           |                 |
| d     |                                           |                 |
| uring |                                           |                 |
| which |                                           |                 |
| p     |                                           |                 |
| eriod |                                           |                 |
| such  |                                           |                 |
| rel   |                                           |                 |
| ative |                                           |                 |
| would |                                           |                 |
| have  |                                           |                 |
| met   |                                           |                 |
| the   |                                           |                 |
| re    |                                           |                 |
| quire |                                           |                 |
| ments |                                           |                 |
| of    |                                           |                 |
| this  |                                           |                 |
| su    |                                           |                 |
| bsect |                                           |                 |
| ion.\ |                                           |                 |
| (f)   |                                           |                 |
| This  |                                           |                 |
| se    |                                           |                 |
| ction |                                           |                 |
| shall |                                           |                 |
| not   |                                           |                 |
| apply |                                           |                 |
| to    |                                           |                 |
| I     |                                           |                 |
| ndian |                                           |                 |
| la    |                                           |                 |
| nds.\ |                                           |                 |
| (g)   |                                           |                 |
| No    |                                           |                 |
| thing |                                           |                 |
| in    |                                           |                 |
| this  |                                           |                 |
| se    |                                           |                 |
| ction |                                           |                 |
| shall |                                           |                 |
| be    |                                           |                 |
| cons  |                                           |                 |
| trued |                                           |                 |
| as    |                                           |                 |
| incre |                                           |                 |
| asing |                                           |                 |
| or    |                                           |                 |
| d     |                                           |                 |
| imini |                                           |                 |
| shing |                                           |                 |
| any   |                                           |                 |
| pro   |                                           |                 |
| perty |                                           |                 |
| r     |                                           |                 |
| ights |                                           |                 |
| by    |                                           |                 |
| the   |                                           |                 |
| U     |                                           |                 |
| nited |                                           |                 |
| S     |                                           |                 |
| tates |                                           |                 |
| or by |                                           |                 |
| any   |                                           |                 |
| other |                                           |                 |
| lando |                                           |                 |
| wner. |                                           |                 |
+-------+-------------------------------------------+-----------------+
|       |                                           |                 |
+-------+-------------------------------------------+-----------------+
|       | Requirements                              | Policy or       |
|       |                                           | Regulation      |
+-------+-------------------------------------------+-----------------+
| D     | § 3400.0-5   Definitions.                 | 43 CFR 3400     |
| efini |                                           | Coal Management |
| tions | gg) *Qualified surface owner*             | Regulations     |
|       |                                           |                 |
|       | "means the natural person or persons (or  |                 |
|       | corporation, the majority stock of which  |                 |
|       | is held by a person or persons otherwise  |                 |
|       | meeting the requirements of this section) |                 |
|       | who:"                                     |                 |
+-------+-------------------------------------------+-----------------+
| Land  | [Protective Leasing Stipulations - Oil    | Standard Land   |
| Use   | and Gas]{.underline}:                     | Use Planning    |
| Pla   |                                           | Practice        |
| nning | BLM notifies the public of their          |                 |
|       | opportunity to participate and comment on | Also refer to:  |
|       | the preparation of land use plans and     | 43CFR1610.2     |
|       | amendments. BLM does not specifically     |                 |
|       | notify surface owners that land use       |                 |
|       | planning decisions are being made which   |                 |
|       | could affect the oil and gas development  |                 |
|       | actions on their surface. (Planning       |                 |
|       | decisions include: No Lease; Lease with   |                 |
|       | Standard Terms and Conditions; Lease with |                 |
|       | Major Constraints; Lease with Moderate    |                 |
|       | Constraints; and are typically based on   |                 |
|       | resources such as wildlife, steep slopes, |                 |
|       | wetlands.)                                |                 |
|       |                                           |                 |
|       | [Issue & Recommendation:]{.underline}     |                 |
+-------+-------------------------------------------+-----------------+
|       | [Protective Leasing Stipulations -        | 43              |
|       | Coal]{.underline}:                        | CFR             |
|       |                                           |  3420.1-4  Coal |
|       | \(ii\) For the purposes of this           | Management      |
|       | paragraph, any surface owner who has      | Regulations     |
|       | previously granted written consent to any |                 |
|       | party to mine by other than underground   |                 |
|       | mining techniques shall be deemed to have |                 |
|       | expressed a preference in favor of        |                 |
|       | mining. Where a significant number of     |                 |
|       | surface owners in an area have expressed  |                 |
|       | a preference against mining those         |                 |
|       | deposits by other than underground mining |                 |
|       | techniques, that area shall be considered |                 |
|       | acceptable for further consideration only |                 |
|       | for development by underground mining     |                 |
|       | techniques. In addition, the area may be  |                 |
|       | considered acceptable for further         |                 |
|       | consideration for leasing for development |                 |
|       | by other than underground techniques if   |                 |
|       | there are no acceptable alternative areas |                 |
|       | available to meet the regional leasing    |                 |
|       | level.                                    |                 |
|       |                                           |                 |
|       | \(iii\) An area eliminated from further   |                 |
|       | consideration by this subsection may be   |                 |
|       | considered acceptable for further         |                 |
|       | consideration for leasing for mining by   |                 |
|       | other than underground mining techniques  |                 |
|       | if:                                       |                 |
|       |                                           |                 |
|       | (A) The number of surface owners who have |                 |
|       |     expressed their preference against    |                 |
|       |     mining by other than underground      |                 |
|       |     techniques is reduced below a         |                 |
|       |     significant number because such       |                 |
|       |     surface owners have given written     |                 |
|       |     consent for such mining or have       |                 |
|       |     transferred ownership to unqualified  |                 |
|       |     surface owners; and                   |                 |
+-------+-------------------------------------------+-----------------+
|       | [Surface Owner Consultation - Preference  | No Statutory    |
|       | for or against surface occupancy -- Oil   | Provision       |
|       | and Gas]{.underline}:                     |                 |
|       |                                           |                 |
|       | There are no surface owner consent        |                 |
|       | provisions; however, public participation |                 |
|       | during the land use planning process      |                 |
|       | provides opportunity for surface owners   |                 |
|       | to provide input into potential leasing   |                 |
|       | stipulations.                             |                 |
|       |                                           |                 |
|       | [Issue & Recommendation]{.underline}:     |                 |
+-------+-------------------------------------------+-----------------+
|       | [Surface Owner Consultation - Preference  | 43              |
|       | for or against surface occupancy --       | CFR             |
|       | Coal]{.underline}:                        |  3420.1-4  Coal |
|       |                                           | Management      |
|       | General requirements for land use         | Regulations     |
|       | planning.                                 |                 |
|       |                                           | ##### § 34      |
|       | (4)(i) While preparing a comprehensive    | 20.1-5   Hearin |
|       | land use plan or land use analysis, the   | g requirements. |
|       | Bureau of Land Management shall consult   |                 |
|       | with all surface owners who meet the      |                 |
|       | criteria in paragraphs (gg) (1) and (2)   |                 |
|       | of §3400.0--5 of this title, and whose    |                 |
|       | lands overlie coal deposits, to determine |                 |
|       | preference for or against mining by other |                 |
|       | than underground mining techniques.       |                 |
|       |                                           |                 |
|       | After public notice, the Bureau of Land   |                 |
|       | Management or other surface management    |                 |
|       | agency shall conduct a public hearing on  |                 |
|       | the proposed comprehensive land use plan  |                 |
|       | or land use analysis if it involves the   |                 |
|       | potential for coal leasing before it is   |                 |
|       | adopted if such a hearing is requested by |                 |
|       | any person who is or may be adversely     |                 |
|       | affected by the adoption of the plan. A   |                 |
|       | hearing conducted under part 1600 of this |                 |
|       | title of this chapter shall fulfill this  |                 |
|       | requirement.                              |                 |
+-------+-------------------------------------------+-----------------+
| Pre-  | [Pre-lease Surface Owner Notification --  | Standard        |
| Lease | Oil and Gas]{.underline}:                 | Pre-lease       |
| No    |                                           | Notification    |
| tific | BLM notifies the public of pending lease  | Practice        |
| ation | sales and provides a 45-day review        |                 |
|       | period. BLM posts the Competitive Sale    | Also refer to:  |
|       | List and stipulations on the BLM State    | 43CFR3120.4-2   |
|       | Office website; mails paper copies to     |                 |
|       | those parties who have requested copies,  |                 |
|       | including other surface managing          |                 |
|       | agencies; and posts the List and          |                 |
|       | stipulations in the affected BLM Field    |                 |
|       | Offices. BLM does not directly notify the |                 |
|       | surface owner prior to offering for lease |                 |
|       | subsurface minerals under the surface     |                 |
|       | estate.                                   |                 |
|       |                                           |                 |
|       | Results of competitive lease sales and    |                 |
|       | day after the sale filings are posted on  |                 |
|       | the BLM State Office website. Paper       |                 |
|       | copies are available upon request.        |                 |
|       |                                           |                 |
|       | [Issue & Recommendation:]{.underline}     |                 |
+-------+-------------------------------------------+-----------------+
|       | [Pre-lease Surface Owner Notification -   | 43              |
|       | Coal]{.underline}:                        | CFR 3422.2 Coal |
|       |                                           | Management      |
|       | Notice of sale and detailed statement.    | Regulations     |
|       | (a) Prior to the lease sale, the          |                 |
|       | authorized officer shall publish a notice |                 |
|       | of the proposed sale in the Federal       |                 |
|       | Register and in a newspaper(s) of general |                 |
|       | circulation in the county or equivalent   |                 |
|       | political subdivision in which the tracts |                 |
|       | to be sold are situated. The newspaper    |                 |
|       | notice shall be published not less than   |                 |
|       | once a week for 3 consecutive weeks. BLM  |                 |
|       | will post notice of the sale in BLM State |                 |
|       | Office where the coal lands are managed.  |                 |
|       | BLM will also mail notice to any surface  |                 |
|       | owner of lands noticed for sale and to    |                 |
|       | any other person who has requested notice |                 |
|       | of sales in the area. The lease sale      |                 |
|       | shall not be held until at least 30 days  |                 |
|       | after such posting in the State Office.   |                 |
+-------+-------------------------------------------+-----------------+
|       |                                           |                 |
+-------+-------------------------------------------+-----------------+
|       | [Additional Surface Owner Consent         |                 |
|       | Provisions in Coal Management             |                 |
|       | Regulations]{.underline}:                 |                 |
|       |                                           |                 |
|       | ####                                      |                 |
|       | # 43 CFR 3427 Coal Management Regulations |                 |
|       |                                           |                 |
|       | ##### Subpart 3427---Split Estate Leasing |                 |
|       |                                           |                 |
|       | ##### § 3427.0-1   Purpose.               |                 |
|       |                                           |                 |
|       | The purpose of this subpart is to set out |                 |
|       | the protection that shall be afforded     |                 |
|       | qualified surface owners of split estate  |                 |
|       | lands (43 CFR 3400.0--5) and the          |                 |
|       | requirements for submission of evidence   |                 |
|       | of written surface owner consent from     |                 |
|       | qualified surface owners of split estate  |                 |
|       | lands.                                    |                 |
|       |                                           |                 |
|       | \[47 FR 33142, July 30, 1982\]            |                 |
|       |                                           |                 |
|       | ##### § 3427.0-3   Authority.             |                 |
|       |                                           |                 |
|       | \(a\) These regulations are issued under  |                 |
|       | the authority of the statutes cited in    |                 |
|       | §3400.0--3 of this title.                 |                 |
|       |                                           |                 |
|       | \(b\) These regulations primarily         |                 |
|       | implement section 714 of the Surface      |                 |
|       | Mining Control and Reclamation Act of     |                 |
|       | 1977 (30 U.S.C. 1304), as construed in    |                 |
|       | Solicitor\'s Opinion M--36909, 86 I.D. 28 |                 |
|       | (1979).                                   |                 |
|       |                                           |                 |
|       | ##### § 3427.0-7   Scope.                 |                 |
|       |                                           |                 |
|       | The surface owner consent provisions of   |                 |
|       | the Surface Mining Control and            |                 |
|       | Reclamation Act do not apply:             |                 |
|       |                                           |                 |
|       | \(a\) To preference right lease           |                 |
|       | applications; and                         |                 |
|       |                                           |                 |
|       | \(b\) If the split estate coal is to be   |                 |
|       | mined by underground mining techniques    |                 |
|       | (43 CFR 3500.0--5).                       |                 |
|       |                                           |                 |
|       | ####                                      |                 |
|       | # § 3427.1   Deposits subject to consent. |                 |
|       |                                           |                 |
|       | On split estate lands (43 CFR             |                 |
|       | 3400.0--5(kk)) where the surface is owned |                 |
|       | by a qualified surface owner, coal        |                 |
|       | deposits that will be mined by other than |                 |
|       | underground mining techniques shall not   |                 |
|       | be included in a lease sale without       |                 |
|       | evidence of written consent from the      |                 |
|       | qualified surface owner (43 CFR           |                 |
|       | 3400.0--5(gg)) allowing entry and         |                 |
|       | commencement of surface mining            |                 |
|       | operations.                               |                 |
|       |                                           |                 |
|       | \[47 FR 33142, July 30, 1982\]            |                 |
|       |                                           |                 |
|       | ##### § 3427.2   Procedures.              |                 |
|       |                                           |                 |
|       | (a)(1) Each written consent or evidence   |                 |
|       | of written consent shall be filed with    |                 |
|       | the appropriate Bureau of Land Management |                 |
|       | State office (43 CFR subpart 1821). For   |                 |
|       | lands offered for lease sale pursuant to  |                 |
|       | subpart 3420 of this title, consents or   |                 |
|       | written evidence thereof shall be filed   |                 |
|       | on or before a date prior to the lease    |                 |
|       | sale specified in a notice published in   |                 |
|       | the Federal Register. For lands offered   |                 |
|       | for lease sale pursuant to subpart 3425   |                 |
|       | of this title, consents or written        |                 |
|       | evidence thereof shall be filed prior to  |                 |
|       | the posting of the lease sale notice.     |                 |
|       |                                           |                 |
|       | \(2\) Statement of refusal to consent     |                 |
|       | shall be filed with the appropriate       |                 |
|       | Bureau of Land Management State Office,   |                 |
|       | but such statement shall be accepted for  |                 |
|       | filing only during activity planning.     |                 |
|       |                                           |                 |
|       | \(b\) Written consent, evidence of        |                 |
|       | written consent, or statement of refusal  |                 |
|       | to consent may be filed by any private    |                 |
|       | person or persons with a potential        |                 |
|       | interest in the lease sale of split       |                 |
|       | estate lands.                             |                 |
|       |                                           |                 |
|       | \(c\) Such filing shall, at a minimum,    |                 |
|       | contain the present legal address of the  |                 |
|       | qualified surface owner, and the name,    |                 |
|       | ownership, interest, if any, and legal    |                 |
|       | address of the party making the filing,   |                 |
|       | and if it is a written consent or         |                 |
|       | evidence thereof, a copy of the written   |                 |
|       | consent or evidence thereof.              |                 |
|       |                                           |                 |
|       | \(d\) The authorized officer shall verify |                 |
|       | that the written consent or evidence of   |                 |
|       | such consent meets all of the following   |                 |
|       | requirements, and that the statement of   |                 |
|       | refusal to consent meets the requirements |                 |
|       | of paragraphs (d)(2) and (3) of this      |                 |
|       | section:                                  |                 |
|       |                                           |                 |
|       | \(1\) The right to enter and commence     |                 |
|       | mining is transferable to whoever makes   |                 |
|       | the successful bid in a lease sale for a  |                 |
|       | tract which includes the lands to which   |                 |
|       | the consent applies. A written consent    |                 |
|       | shall be considered transferable only if  |                 |
|       | it provides that after the lease sale for |                 |
|       | the tract to which the consent applies:   |                 |
|       |                                           |                 |
|       | \(i\) The successful bidder shall assume  |                 |
|       | all rights and obligations of the holder  |                 |
|       | of the consent, including the obligation  |                 |
|       | to make all payments to the grantor of    |                 |
|       | the consent and to reimburse the holder   |                 |
|       | of the consent for all money previously   |                 |
|       | paid to the grantor under the consent     |                 |
|       | contract; and                             |                 |
|       |                                           |                 |
|       | \(ii\) Neither the holder nor the grantor |                 |
|       | of the consent has any right under the    |                 |
|       | consent contract to prevent the           |                 |
|       | successful bidder from assuming the       |                 |
|       | rights and obligations of the holder of   |                 |
|       | the consent by imposing additional costs  |                 |
|       | or conditions or otherwise;               |                 |
|       |                                           |                 |
|       | \(2\) The named surface owner is a        |                 |
|       | qualified surface owner as defined in     |                 |
|       | §3400.0--5(gg) of this title; and         |                 |
|       |                                           |                 |
|       | \(3\) The title for all split estate      |                 |
|       | lands described in the filing is held by  |                 |
|       | the named qualified surface owners.       |                 |
|       |                                           |                 |
|       | \(e\) Upon receipt of a filing from       |                 |
|       | anyone other than the named qualified     |                 |
|       | surface owner, the authorized officer     |                 |
|       | shall contact the named qualified surface |                 |
|       | owner and request his confirmation in     |                 |
|       | writing that the filed, written consent   |                 |
|       | or evidence thereof to enter and commence |                 |
|       | mining has been granted, and that the     |                 |
|       | filing fully discloses all of the terms   |                 |
|       | of the written consent, or that the       |                 |
|       | refusal to consent is accurate.           |                 |
|       |                                           |                 |
|       | \(f\) The applicable conditions of        |                 |
|       | paragraphs (d) and (e) of this section    |                 |
|       | shall be met prior to the lease sale for  |                 |
|       | lands to which the consents apply.        |                 |
|       |                                           |                 |
|       | \(g\) The authorized officer shall in all |                 |
|       | cases notify the person or persons filing |                 |
|       | the written consent, evidence of written  |                 |
|       | consent, or statement of refusal to       |                 |
|       | consent of the results of the review of   |                 |
|       | the filing, including any request for     |                 |
|       | additional information needed to satisfy  |                 |
|       | the requirements of this subpart in cases |                 |
|       | where insufficient information was        |                 |
|       | supplied with the original filing.        |                 |
|       |                                           |                 |
|       | \(h\) The purchase price of any           |                 |
|       | applicable written consent from a         |                 |
|       | qualified surface owner submitted and     |                 |
|       | verified prior to posting of the notice   |                 |
|       | of lease sale shall be included with the  |                 |
|       | description of the tract(s) in the notice |                 |
|       | of lease sale, and the other terms of the |                 |
|       | consent shall be included in the detailed |                 |
|       | statement of the sale for the tract(s).   |                 |
|       | Any consent filed after posting of the    |                 |
|       | notice of lease sale shall be placed in   |                 |
|       | the official file for the lease tract(s)  |                 |
|       | to which the consent applies and shall be |                 |
|       | available for inspection by the public in |                 |
|       | the appropriate Bureau of Land Management |                 |
|       | State office (43 CFR subpart 1821).       |                 |
|       |                                           |                 |
|       | \(i\) Any statement of refusal to consent |                 |
|       | shall be treated as controlling until the |                 |
|       | activity planning cycle that includes the |                 |
|       | area covered by the refusal to consent is |                 |
|       | repeated or the surface estate is sold.   |                 |
|       | When an activity planning cycle is        |                 |
|       | initiated, the qualified surface owner    |                 |
|       | shall be notified that his/her prior      |                 |
|       | statement of refusal has expired and      |                 |
|       | shall be given the opportunity to submit  |                 |
|       | another statement.                        |                 |
|       |                                           |                 |
|       | \(j\) If the surface owner fails to       |                 |
|       | provide evidence of qualifications in     |                 |
|       | response to surface owner consultation or |                 |
|       | to a written request for such evidence,   |                 |
|       | and if the authorized officer is unable   |                 |
|       | to independently determine whether or not |                 |
|       | the surface owner is qualified, the       |                 |
|       | authorized officer shall presume that the |                 |
|       | surface owner is unqualified. The         |                 |
|       | authorized officer shall notify the       |                 |
|       | surface owner in writing of this          |                 |
|       | determination and shall provide the       |                 |
|       | surface owner an opportunity to appeal    |                 |
|       | the determination.                        |                 |
|       |                                           |                 |
|       | \(k\) Any surface owner determined to be  |                 |
|       | unqualified by decision of the field      |                 |
|       | official of the surface management agency |                 |
|       | shall have 30 days from the date of       |                 |
|       | receipt of such decision in which he/she  |                 |
|       | may appeal the decision to the            |                 |
|       | appropriate State Director of the Bureau  |                 |
|       | of Land Management. The surface owner     |                 |
|       | shall have the right to appeal the State  |                 |
|       | Director\'s decision to the Director,     |                 |
|       | Bureau of Land Management, within 30 days |                 |
|       | of receipt of that decision. Both appeals |                 |
|       | under this paragraph shall be in writing. |                 |
|       | As an exception to the provisions of      |                 |
|       | §3000.4 of this title, the decision of    |                 |
|       | the Director shall be the final           |                 |
|       | administrative action of the Department   |                 |
|       | of the Interior.                          |                 |
|       |                                           |                 |
|       | \[44 FR 42615, July 19, 1979, as amended  |                 |
|       | at 47 FR 33142, July 30, 1982; 48 FR      |                 |
|       | 37656, Aug. 19, 1983\]                    |                 |
|       |                                           |                 |
|       | ##                                        |                 |
|       | ### § 3427.3   Validation of information. |                 |
|       |                                           |                 |
|       | Any person submitting a written consent   |                 |
|       | shall include with his filing a statement |                 |
|       | that the evidence submitted, to the best  |                 |
|       | of his knowledge, represents a true,      |                 |
|       | accurate, and complete statement of       |                 |
|       | information regarding the consent for the |                 |
|       | area described.                           |                 |
|       |                                           |                 |
|       | ##### § 3427.4   Pre-existing consents.   |                 |
|       |                                           |                 |
|       | An otherwise valid written consent given  |                 |
|       | by a qualified surface owner prior to     |                 |
|       | August 3, 1977, shall not be required to  |                 |
|       | meet the transferability of §3427.2(d)(1) |                 |
|       | of this title.                            |                 |
|       |                                           |                 |
|       | \[47 FR 33142, July 30, 1982\]            |                 |
|       |                                           |                 |
|       | ###                                       |                 |
|       | ## § 3427.5   Unqualified surface owners. |                 |
|       |                                           |                 |
|       | \(a\) Lease tracts involving surface      |                 |
|       | owners who are not qualified (see         |                 |
|       | §3400.0--5(gg)) shall be leased subject   |                 |
|       | to the protections afforded the surface   |                 |
|       | owner by the statute(s) under which the   |                 |
|       | surface was patented and the coal         |                 |
|       | reserved to the United States. No consent |                 |
|       | from an unqualified surface owner is      |                 |
|       | required under this subpart before the    |                 |
|       | authorized officer may issue a lease for  |                 |
|       | such a tract (see section 9 of the        |                 |
|       | Stock-Raising Homestead Act (43 U.S.C.    |                 |
|       | 249); the Act of March 3, 1909 (30 U.S.C. |                 |
|       | 81); section 3 of the Act of June 22,     |                 |
|       | 1910 (30 U.S.C. 85); and section 5 of the |                 |
|       | Act of June 21, 1949 (30 U.S.C. 54)).     |                 |
|       |                                           |                 |
|       | \(b\) The provisions of §§3427.1 through  |                 |
|       | 3427.4 of this title are inapplicable to  |                 |
|       | any lease tract on which a consent has    |                 |
|       | been given by an unqualified surface      |                 |
|       | owner. The high bidder at the sale of     |                 |
|       | such a tract is not required to submit    |                 |
|       | any evidence of written consent before    |                 |
|       | the authorized officer may issue the      |                 |
|       | lease unless the statute establishing the |                 |
|       | relative rights of the United States (and |                 |
|       | its lessees) and the surface owner so     |                 |
|       | requires.                                 |                 |
|       |                                           |                 |
|       | \[47 FR 33142, July 30, 1982\]            |                 |
|       |                                           |                 |
|       | #####                                     |                 |
+-------+-------------------------------------------+-----------------+