Page:United States Statutes at Large Volume 107 Part 1.djvu/87

 PUBLIC LAW 103-23—APR. 16, 1993 107 STAT. 61 the notice and a legal description of the lands to which the notice applies. The legal description shall be based on the public land survey or on such other description as is sufficient to permit the Secretary to record the notice on the land status records of the Secretary. Whenever any person has filed a notice under this paragraph with respect to any lands, during the 90-day period following the date of such filing, or any extension thereof pursuant to this paragraph, no other person (including the surface owner) may— ^A) file such a notice with respect to any portions of such lands; "(B) explore for minerals or locate a mining claim on any portion of such lands; or "(C) file an application to acquire any interest in any portion of such lands pursuant to section 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1719). If, within such 90-day period, the person who filed a notice under this paragraph files a plan of operations with the Secretary pursuant to subsection (f), such 90-day period shall be extended until the approval or disapproval of the plan by the Secretary pursuant to subsection (f). "(3) NOTICE TO SURFACE OWNER. —Any person who has filed a notice of intention to locate a mining claim under paragraph (2) for any lands subject to this Act shall provide written notice of such filing, by registered or certified mail with return receipt, to the surface owner (as evidenced by local tax records) of the lands covered by the notice tmder paragraph (2). The notice shall be provided at least 30 days before entering such lands and shall contain each of the following: "(A) A brief description of the proposed mineral activities. "(B) A map and legal description of the lands to be subject to mineral exploration. "(C) The name, address and phone number of the person managing such activities. "(D) A statement of the dates on which such activities will take place. "(4) ACREAGE LIMITATIONS. —The total acreage covered at any time by notices of intention to locate a mining claim under paragraph (2) filed by any person and by affiliates of such person may not exceed 6,400 acres of lands subject to this Act in any one State and 1,280 acres of such lands for a single surface owner. For purposes of this paragraph, the term 'affiliate' means, with respect to any person, any other person which controls, is controlled by, or is under common control with, such person. "(c) CONSENT.— Notwithstanding subsection (a) and any other provision of law, after the effective date of this subsection no person may engage in the conduct of mineral activities (other than those relating to exploration referred to in subsection (b)(l)B)) on a mining claim located on lands subject to this Act without the written consent of the surface owner thereof unless the Secretary has authorized the conduct of such activities under subsection (d). "(d) AUTHORIZED MINERAL ACTIVITIES.—The Secretary shall authorize a person to conduct mineral activities (other than those relating to exploration referred to in subsection (b)(l)(B)) on lands subject to this Act without the consent of the surface owner thereof

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