---identifier: "/us/cfr/t43/s3427.5"source: "ecfr"legal_status: "authoritative_unofficial"title: "43 CFR § 3427.5 - Unqualified surface owners."title_number: 43title_name: "Public Lands: Interior"section_number: "3427.5"section_name: "Unqualified surface owners."chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"subchapter_number: "C"subchapter_name: "MINERALS MANAGEMENT (3000)"part_number: "3420"part_name: "COMPETITIVE LEASING"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"authority: "The Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 ), the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Multiple Mineral Development Act of 1954 (30 U.S.C. 521-531 ), the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 ), the Department of Energy Organization Act of 1977 (42 U.S.C. 7101 ), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 ) and the Small Business Act of 1953, as amended (15 U.S.C. 631 )."regulatory_source: "44 FR 42615, July 19, 1979, unless otherwise noted."cfr_part: "3420"---
Identifier
/us/cfr/t43/s3427.5
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
Bureau of Land Management, Department of the Interior
Authority
The Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 ), the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Multiple Mineral Development Act ... The Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 ), the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Multiple Mineral Development Act of 1954 (30 U.S.C. 521-531 ), the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 ), the Department of Energy Organization Act of 1977 (42 U.S.C. 7101 ), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 ) and the Small Business Act of 1953, as amended (15 U.S.C. 631 ).
# 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]