PART 3400—COAL MANAGEMENT: GENERAL Authority: 30 U.S.C. 189, 359, 1211, 1251, 1266, and 1273; and 43 U.S.C. 1461, 1733, and 1740. Source: 44 FR 42609, July 19, 1979, unless otherwise noted. Subpart 3400—Introduction: General § 3400.0-3 Authority. (a) These regulations are issued under the authority of and to implement provisions of: (1) The Mineral Leasing Act of February 25, 1920, as amended (30 U.S.C. 181 et seq.). (2) The Mineral Leasing Act for Acquired Lands of August 7, 1947, as amended (30 U.S.C. 351-359 et seq.). (3) The Federal Land Policy and Management Act of 1976, October 21, 1976 (43 U.S.C. 1701 et seq.). (4) The Surface Mining Control and Reclamation Act of 1977, August 3, 1977 (30 U.S.C. 1201 et seq.). (5) The Multiple Mineral Development Act of August 13, 1954 (30 U.S.C. 521-531 et seq.). (6) The Department of Energy Organization Act of August 4, 1977 (42 U.S.C. 7101 et seq.). (7) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (8) The Federal Coal Leasing Amendments Act of 1976, as amended (90 Stat. 1083-1092). (9) The Act of October 30, 1978 (92 Stat. 2073-2075). (b) Specific citations of authority in subsequent subparts of this Group 3400 are to authorities from which the subpart is chiefly derived or which the subpart chiefly implements. § 3400.0-5 Definitions. As used in this group: (a) Alluvial valley floor (b) Authorized officer (c) Bonus (d) Bypass coal (e) Casual use (f) Certificate of bidding rights (g) Coal deposits (h) Department (i) Director (j) Environmental assessment (k) Exploration (l) Exploration license (m) Exploration plan (n) Fair market value (o) Federal lands (p) Governmental entity (q) Interest (r) Lease Federal coal lease (s) Lease bond Federal lease bond (t) Licensee (u) License to mine (v) Logical Mining Unit (w) Logical Mining Unit reserves logical mining unit recoverable coal reserves (x) Maximum economic recovery (y) Mineral leasing laws et seq. (z) Mining plan (aa) Mining Supervisor (bb) Mining unit (cc) Operator (dd) Permit (ee) Permit area (ff) Public bodies (gg) Qualified surface owner (1) Hold legal or equitable title to the surface of split estate lands; (2) Have their principal place of residence on the land, or personally conduct farming or ranching operations upon a farm or ranch unit to be affected by surface mining operations; or receive directly a significant portion of their income, if any, from such farming and ranching operations; and (3) Have met the conditions of paragraphs (gg) (1) and (2) of this section for a period of at least 3 years, except for persons who gave written consent less than 3 years after they met the requirements of both paragraphs (gg) (1) and (2) of this section. In computing the three year period the authorized officer shall include periods during which title was owned by a relative of such person by blood or marriage if, during such periods, the relative would have met the requirements of this section. (hh) Reserves recoverable coal reserves (ii) Secretary (jj) Sole party in interest (kk) Split estate (ll) Substantial legal and financial commitments substantial legal and financial commitments. (mm) Surface coal mining operations (nn) Surface management agency (oo) Surface Mining Officer (pp) Valid existing rights (qq) Written consent (1) Permit a coal operator to enter and commence surface mining of coal; (2) Describe any financial or other consideration given or promised in return for the permission, including in-kind considerations; (3) Describe any consideration given in terms of type or method of operation or reclamation for the area; (4) Contain any supplemental or related contracts between the surface owner and any other person who is a party to the permission; and (5) Contain a full and accurate description of the area covered by the permission. (rr) For the purposes of section 2(a)(2)(A) of the Act: (1) Arm's length transaction (2) Bracket (3) Controlled by or under common control with, (i) Ownership in excess of 50 percent constitutes control; (ii) Ownership of 20 through 50 percent creates a presumption of control; and (iii) Ownership of less than 20 percent creates a presumption of noncontrol. (4) Entity (5) Holds and has held holds and has held Working interest (6) Producing (i) The operator/leasee is processing or loading severed coal, or transporting it from the point of severance to the point of sale; or (ii) Coal severance is temporarily interrupted in accordance with §§ 3481.4-1 through 4-4 of this chapter. [44 FR 42609, July 19, 1979, as amended at 47 FR 33133, 33134, July 30, 1982; 47 FR 38131, Aug. 30, 1982; 50 FR 8626, Mar. 4, 1985; 51 FR 43921, Dec. 5, 1986; 52 FR 416, Jan. 6, 1987; 62 FR 44369, Aug. 20, 1997] § 3400.1 Multiple development. (a) The granting of an exploration license, a license to mine or a lease for the exploration, development, or production of coal deposits shall preclude neither the issuance of prospecting permits or mineral leases for prospecting, development or production of deposits of other minerals in the same land with suitable stipulations for simultaneous operation, nor the allowance of applicable entries, locations, or selections of leased lands with a reservation of the mineral deposits to the United States. (b) The presence of deposits of other minerals or the issuance of prospecting permits or mineral leases for prospecting, development or production of deposits of other minerals shall not preclude the granting of an exploration license, a license to mine or a lease for the exploration, development or production of coal deposits on the same lands with suitable stipulations for simultaneous operations. [44 FR 42609, July 19, 1979, as amended at 47 FR 33134, July 30, 1982] § 3400.2 Lands subject to leasing. The Secretary may issue coal leases on all Federal lands except: (a) Lands in: (1) The National Park System; (2) The National Wildlife Refuge System; (3) The National Wilderness Preservation System; (4) The National System of Trails; (5) The National Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act; (6) Incorporated cities, towns, and villages; (7) The Naval Petroleum Reserves, the National Petroleum Reserve in Alaska, and oil shale reserves; and (8) National Recreation Areas designated by law; (b) Tide lands, submerged coastal lands within the Continental Shelf adjacent or littoral to any part of land within the jurisdiction of the United States; and (c) Land acquired by the United States for the development of mineral deposits, by foreclosure or otherwise for resale, or reported as surplus property pursuant to the provisions of the Surplus Property Act of 1944 (50 U.S.C. App. 1622). § 3400.3 Limitations on authority to lease. § 3400.3-1 Consent or conditions of surface management agency. Leases for land, the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior, may be issued only with the consent of the head or other appropriate official of the other agency having jurisdiction over the lands containing the coal deposits, and subject to such conditions as that officer may prescribe to insure the use and protection of the lands for the primary purpose for which they were acquired or are being administered. § 3400.3-2 Department of Defense lands. The Secretary may issue leases with the consent of the Secretary of Defense on acquired lands set apart for military or naval purposes only if the leases are issued to a governmental entity which: (a) Produces electrical energy for sale to the public; (b) Is located in the state in which the leased lands are located; and (c) Has production facilities in that state, and will use the coal produced from the lease within that state. § 3400.3-3 Department of Agriculture lands. Subject to the provisions of § 3400.3-1, the Secretary may issue leases that authorize surface coal mining operations on Federal lands within the National Forest System, provided that such leases may not be issued on lands within a national forest unless the tract is assessed to be acceptable for all or certain stipulated methods of surface coal mining operations under the provisions of Criterion No. 1 in § 3461.1 of this title. § 3400.3-4 Trust protection lands. The regulations in this group do not apply to the leasing and development of coal deposits held in trust by the United States for Indians. See 43 CFR 3400.0-5(o). Regulations governing those deposits are found in 25 CFR Chapter I. [44 FR 42609, July 19, 1979, as amended at 47 FR 33134, July 30, 1982] § 3400.4 Federal/state government cooperation. (a) In order to implement the requirements of law for Federal-state cooperation in the management of Federal lands, a Department-state regional coal team shall be established for each coal production region defined pursuant to § 3400.5. The team shall consist of a Bureau of Land Management field representative for each state in the region, who will be the Bureau of Land Management State Director, or, in his absence, his designated representative; the Governor of each state included in the region or, in his absence, his designated representative; and a representative appointed by and responsible to the Director of the Bureau of Land Management. The Director's representative shall be chairperson of the team. If the region is a multi-state region under the jurisdiction of only one Bureau of Land Management State Office, each State Director shall designate a Bureau of Land Management representative for each state. (b) Each regional coal team shall guide all phases of the coal activity planning process described in §§ 3420.3 through 3420.3-4 of this title which relate to competitive leasing in the region. (c) The regional coal team shall also serve as the forum for Department/state consultation and cooperation in all other major Department coal management program decisions in the region, including preference right lease applications, public body and small business setaside leasing, emergency leasing and exchanges. (d) The regional coal team recommendations on leasing levels under § 3420.2(a)(4) of this title and on regional lease sales under § 3420.3-4(g) shall be accepted except: (1) In the case of an overriding national interest; or (2) In the case the advice of the Governor(s) which is contrary to the recommendations of the regional coal team is accepted pursuant to § 3420.4-3(c) of this title. In cases where the regional coal team's advice is not accepted, a written explanation of the reasons for not accepting the advice shall be provided to the regional coal team and made available for public review. (e) Additional representatives of state and Federal agencies may participate directly in team meetings or indirectly in the preparation of material to assist the team at any time at the request of the team chairperson. Participation may be solicited from state and Federal agencies with special expertise in topics considered by the team or with direct surface management responsibilities in areas potentially affected by coal management decisions. However, at every point in the deliberations, the official team spokespersons for the Bureau of Land Management and for the Governors shall be those designated under paragraph (a) of this section. (f) If a state declines to participate under this section in the coal-related activities of the Department: (1) The Department may take action authorized in Group 3400 of this title in a coal production region wholly within such a state without forming a regional coal team, and (2) The Department may form a regional coal team without a representative of the Governor of such a state in any multi-state coal production region. (g) The regional coal team will function under the public participation procedures at §§ 1784.4-2, 1784.4-3, and 1784.5 of this chapter. [44 FR 42609, July 19, 1979; 44 FR 56339, Oct. 1, 1979, as amended at 47 FR 33134, 33135, July 30, 1982; 51 FR 18887, May 23, 1986; 64 FR 52242, Sept. 28, 1999] § 3400.5 Coal production regions. The Bureau of Land Management shall establish by publication in the Federal Register Federal Register. [47 FR 33135, July 30, 1982] § 3400.6 Minimum comment period. Unless otherwise required in Group 3400 of this title, a minimum period of 30 days shall be allowed for public review and comment where such review is required for Federal coal management program activities under Group 3400 of this title. [51 FR 18887, May 23, 1986]