§526 Mining and Leasing Act Operations

Summary

When the same land is used for both mining claims (patented or unpatented) or millsites and for Leasing Act operations, each activity must be done so it fits with the other as much as reasonably possible. Mining on a claim that is subject to a Leasing Act mineral reservation must avoid harming any known Leasing Act mineral deposits and must not endanger or seriously interfere with any surface or underground work, buildings, or facilities made for Leasing Act operations. Likewise, Leasing Act operations on land covered by a mining claim or millsite must avoid harming known deposits of minerals not reserved and must not endanger or seriously interfere with existing mining work or facilities. If one operator asks a court and the judge finds that refusing a particular use would cause worse harm than allowing it, the court can allow that use if the user pays fair compensation or posts security fixed by the court. When both kinds of operations share land, one operator must give the other any available maps or survey information about locations of improvements, at the requester’s expense, and must allow access for surveying at reasonable times and at the requester’s risk. If a party refuses to give information or access and that refusal causes damage, the requester is not liable for that damage. The duty to share is limited to existing map and survey info and does not promise that the information is accurate; refusal to share can only lead to court costs and attorney fees if the requester sues to get the information.