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.
43 C.F.R. §3427.1