Code of Federal Regulations Title 43. Public Lands:  Interior § 43.3471.2–1 Disposal of land with a reservation of minerals

(a) Where the lands included in a lease or license to mine have been or may be disposed of with reservation of the coal deposits, a lessee or the holder of a license to mine must comply fully with the law under which the reservation was made. See, among other laws, the Acts of March 3, 1909 (34 Stat. 844;  30 U.S.C. 81);  June 22, 1910 (35 Stat. 583;  30 U.S.C. 83–85);  December 29, 1916, as amended (39 Stat. 862;  43 U.S.C. 291–301);  June 17, 1949 (63 Stat. 200);  June 21, 1949 (63 Stat. 214;  30 U.S.C. 54);  March 8, 1922 (42 Stat. 415;  48 U.S.C. 376–377);  and October 21, 1976 (90 Stat. 2759;  43 U.S.C. 1719).

(b) Any sale or conveyance of acquired lands by the agency having jurisdiction shall be subject to any lease or license to mine previously issued under the Mineral Leasing Act for Acquired Lands.

(c) Leases on acquired lands outstanding on August 7, 1947, and covering lands subject to the Mineral Leasing Act for Acquired Lands may be exchanged for new leases to be issued under that Act.

(d) When:  (1) The coal is to be mined by other than underground mining techniques, (2) the surface of the land is owned by a qualified surface owner, and (3) the lease is issued after August 3, 1977, the lessee shall comply with the terms of the written consent of the qualified surface owner not inconsistent with Federal and state mined land reclamation laws and regulations.