30 U.S.C. § 526 : US Code - Section 526: Mining and Leasing Act operations

Search 30 U.S.C. § 526 : US Code - Section 526: Mining and Leasing Act operations

(a) Multiple use
Where the same lands are being utilized for mining operations and
Leasing Act operations, each of such operations shall be conducted,
so far as reasonably practicable, in a manner compatible with such
multiple use.
(b) Mining operations to avoid damage to mineral deposits and
interference with mineral operations
Any mining operations pursuant to rights under any unpatented or
patented mining claim or millsite which shall be subject to a
reservation to the United States of Leasing Act minerals as
provided in this chapter, shall be conducted, so far as reasonably
practicable, in a manner which will avoid damage to any known
deposit of any Leasing Act mineral. Subject to the provisions of
subsection (d) of this section, mining operations shall be so
conducted as not to endanger or materially interfere with any
existing surface or underground improvements, workings, or
facilities which may have been made for the purpose of Leasing Act
operations, or with the utilization of such improvements, workings,
or facilities.
(c) Leasing Act operations to avoid damage to mineral deposits and
interference with mining operations
Any Leasing Act operations on lands covered by an unpatented or
patented mining claim or millsite which shall be subject to a
reservation to the United States of Leasing Act minerals as
provided in this chapter shall be conducted, so far as reasonably
practicable, in a manner which will avoid damage to any known
deposit of any mineral not so reserved from such mining claim or
millsite. Subject to the provisions of subsection (d) of this
section, Leasing Act operations shall be so conducted as not to
endanger or materially interfere with any existing surface or
underground improvements, workings, or facilities which may have
been made for the purpose of mining operations, or with the
utilization of such improvements, workings, or facilities.
(d) Damage or interference permitted by court
If, upon petition of either the mining operator or the Leasing
Act operator, any court of competent jurisdiction shall find that a
particular use in connection with one of such operations cannot be
reasonably and properly conducted without endangering or materially
interfering with the then existing improvements, workings, or
facilities of the other of such operations or with the utilization
thereof, and shall find that under the conditions and
circumstances, as they then appear, the injury or damage which
would result from denial of such particular use would outweigh the
injury or damage which would result to such then existing
improvements, workings, or facilities or from interference with the
utilization thereof if that particular use were allowed, then and
in such event such court may permit such use upon payment (or upon
furnishing of security determined by the court to be adequate to
secure payment) to the party or parties who would be thus injured
or damaged, of an amount to be fixed by the court as constituting
fair compensation for the then reasonably contemplated injury or
damage which would result to such then existing improvements,
workings, or facilities or from interference with the utilization
thereof by reason of the allowance of such particular use.
(e) Information regarding operations to be furnished on request
Where the same lands are being utilized for mining operations and
Leasing Act operations, then upon request of the party conducting
either of said operations, the party conducting the other of said
operations shall furnish to and at the expense of such requesting
party copies of any information which said other party may have, as
to the situs of any improvements, workings, or facilities
theretofore made upon such lands, and upon like request, shall
permit such requesting party, at the risk of such requesting party,
to have access at reasonable times to any such improvements,
workings, or facilities for the purpose of surveying and checking
or determining the situs thereof. If damage to or material
interference with a party's improvements, workings, facilities, or
with the utilization thereof shall result from such party's
failure, after request, to so furnish to the requesting party such
information or from denial of such access, such failure or denial
shall relieve the requesting party of any liability for the damage
or interference resulting by reason of such failure or denial.
Failure of a party to furnish requested information or access shall
not impose upon such party any liability to the requesting party
other than for such costs of court and attorney's fees as may be
allowed to the requesting party in enforcing by court action the
obligations of this section as to the furnishing of information and
access. The obligation hereunder of any party to furnish requested
information shall be limited to map and survey information then
available to such party with respect to the situs of improvements,
workings, and facilities and the furnishing thereof shall not be
deemed to constitute any representation as to the accuracy of such
information.