§ 526. — Mining and Leasing Act operations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC526]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 12--MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS
Sec. 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.
(Aug. 13, 1954, ch. 730, Sec. 6, 68 Stat. 710.)
References in Text
For definitions of ``Leasing Act operations'', referred to in
subsecs. (a) to (c) and (e); ``Leasing Act minerals'', referred to in
subsecs. (b) and (c); and ``Leasing Act operator'', referred to in
subsec. (d), see section 530 of this title.
Section Referred to in Other Sections
This section is referred to in section 524 of this title.
