---
title: "Check whether mineral activity on Stock-Raising Homestead Act land needs the surface owner's consent"
url: "https://ailawframework.com/practice/energy-resources-and-mining/check-whether-mining-can-start-on-the-surface-of-private-land/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A13-PU20261022-13-US"
practice_area: "Energy, Resources & Mining"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check whether mineral activity on Stock-Raising Homestead Act land needs the surface owner's consent

> From the proposed activity, list whether it is described as exploration or as other mineral activity, whether the surface owner's written consent is in the file, and whether a plan of operations is in the file.…

Canonical page: https://ailawframework.com/practice/energy-resources-and-mining/check-whether-mining-can-start-on-the-surface-of-private-land/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Energy, Resources & Mining](https://ailawframework.com/practice/energy-resources-and-mining.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the proposed activity, list whether it is described as exploration or as other mineral activity, whether the surface owner's written consent is in the file, and whether a plan of operations is in the file. Do not decide that consent can be skipped. |
| What the lawyer must review | Section 299(c) of title 43 says that, after the effective date of that subsection, no person may conduct mineral activities other than the exploration referred to in § 299(b)(1)(B) on a mining claim on this land without the written consent of the surface owner, unless the Secretary authorizes the activity under subsection (d). Subsection (d) requires compliance with subsections (e) and (f), including a plan of operations. The Secretary gives the surface owner a copy of the proposed plan at least 45 days before deciding whether the plan complies, and the owner may comment in that period. The exclusive possession in 30 U.S.C. § 26 does not remove this limit. You decide whether consent or a Secretarial authorization is required before the activity starts. |
| Written for | United States |
| Applies to | [Check whether mining can start on the surface of private land](https://ailawframework.com/practice/energy-resources-and-mining/check-whether-mining-can-start-on-the-surface-of-private-land.md) |

## Checking plan

- What the AI does: From the proposed activity, list whether it is described as exploration or as other mineral activity, whether the surface owner's written consent is in the file, and whether a plan of operations is in the file. Do not decide that consent can be skipped.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Compensation, the bond, and the inspection remedy in the later subsections were read only far enough to confirm that subsection (d) points to subsections (e) and (f).
- Ordinary private land, with no Stock-Raising Homestead Act reservation, is state law and was not opened.

## Sources

- [43 U.S.C. § 299, Reservation of coal and mineral rights](https://www.law.cornell.edu/uscode/text/43/299) (checked 2026-10-22)
- [30 U.S.C. § 26, Locators' rights of possession and enjoyment](https://www.law.cornell.edu/uscode/text/30/26) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*