To amend the Stock Raising Homestead Act to resolve certain problems regarding subsurface estates, and for other purposes.
PL 103-23 (H.R.239), enacted 04/16/1993

107 STAT. 60 
PUBLIC LAW 103-23—APR. 16, 1993 
Public Law 103-23 
103d Congress 
An Act 
Apr. 16, 1993 
To amend the Stock Raising Homestead Act to resolve certain problems regarding 
[H.R. 239] 
subsurface estates, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. MINING CLAIMS ON STOCK RAISING HOMESTEAD ACT 
LANDS. 
(a) MINERAL ENTRY UNDER THE STOCK RAISING HOMESTEAD 
ACT.—Section 9 of the Act of December 29, 1916, entitled "An 
Act to provide for stock-raising homesteads, and for other purposes" 
43 use 299. 
(43 U.S.C. 29), is amended by adding the following at the end 
thereof: 
"(b) EXPLORATION; LOCATION OF MINING CLAIMS; NOTICES.— 
"(1) IN GENERAL.—(A) Notwithstanding subsection (a) and 
any other provision of law to the contrary, Jifter the effective 
date of this subsection no person other than the surface owner 
may enter lands subject to this Act to explore for, or to locate, 
a mining claim on such lands Mdthout— 
"(i) filing a notice of intention to locate a mining claim 
pursuant to paragraph (2); and 
"(ii) providing notice to the surface owner pursuant 
to paragraph (3). 
"(B) Any person who has complied with the requirements 
referred to in subparagraph (A) may, during the authorized 
exploration period, in order to locate a mining claim, enter 
lands subject to this Act to undertake mineral activities related 
to exploration that cause no more than a minimal disturbance 
of surface resources and do not involve the use of mechanized 
earthmoving equipment, explosives, the construction of roads, 
drill pads, or the use of toxic or hazardous materials. 
"(C) The authorized exploration period referred to in 
subparagraph (B) shall begin 30 days ^fter notice is provided 
under paragraph (3) with respect to lands subject to such 
notice and shall end with the expiration of the 90-day period 
referred to in paragraph (2XA) or any extension provided imder 
paragraph (2). 
'X2) NOTICE OF INTENTION TO LOCATE A MINING CLAIM.— 
Any person seeking to locate a mining claim on lands subject 
to this Act in order to engage in the mineral activities relating 
to exploration referred to under paragraph (IXB) shall file 
with the Secretary of the Interior a notice of intention to 
locate a claim on the lands concerned. The notice shall be 
in such form as the Secretary shall prescribe. The notice shall 
contain the name and mailing address of the person filing 
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 Sec-
retary 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 para-
graph (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 activi-
ties. 
"(B) A map and legal description of the lands to be 
subject to mineral exploration. 
"(C) The name, address and phone nimiber of the per-
son 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 imder 
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 luider 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 (bXl)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 (bXlXB)) on lands 
subject to this Act without the consent of the surface owner thereof 
107 STAT. 62 
PUBLIC LAW 103-23—APR. 16, 1993 
if such person complies with the requirements of subsections (e) 
and if). 
"(e) BOND.—(1) Before the Secretary may authorize any person 
to conduct mineral activities the Secretary shall require such person 
to post a bond or other financial guarantee in an amount to insure 
the completion of reclamation piu'suant to this Act. Such bond 
or other financial guarantee shall ensiu-e— 
"(A) payment to the surface owner, after the completion 
of such mineral activities and reclamation, compensation for 
any permanent damages to crops and tangible improvements 
of the surface owner that resulted from mineral activities; 
and 
"(B) pajnnent to the surface owner of compensation for 
any permanent loss of income of the siirface owner due to 
loss or impairment of grazing, or other uses of the land by 
the surface owner to the extent that reclamation required by 
the plan of operations would not permit such uses to continue 
at tne level existing prior to the commencement of mineral 
activities. 
"(2) In determining the bond amount to cover permanent loss 
of income imder paragraph (1)(B), the Secretary shall consider, 
where appropriate, the potential loss of value due to the estimated 
permanent reduction in utilization of the land. 
"(f) PLAN OR OPERATIONS.—(1) Before the Secretory may author-
ize any person to conduct mineral activities on lands subject to 
this Act, the Secretary shall require such person to submit a plan 
of operations. Such plan shall include procedures for— 
"(A) the minimization of damages to crops and tangible 
improvements of the surface owner; 
"(B) the minimization of disruption to grazing or other 
uses of the land by the surface owner; and 
"(C) payment of a fee for the use of surface during mineral 
activities equivalent to the loss of income to the ranch operation 
as established pursuant to subsection (g). 
"(2) The Secretary shall provide a copy of the proposed plan 
of operations to the surface owner at least 45 days prior to the 
date the Secretory makes a determination as to whether such 
plan complies with the requirements of this subsection. During 
such 45-day period the siuiace owner may submit comments and 
recommend modifications to the proposed plan of operations to 
the Secretory. 
"(3)(A) The Secretory shall, within 60 days of receipt of the 
plan, approve the plan of operations if it complies with the require-
ments of this Act, including each of the following: 
"(i) The proposed plan of operations is complete and 
accurate. 
"(ii) The person submitting the proposed plan of operations 
has demonstrated that all other applicable Federal and Stote 
requirements have been met. 
"(B) The Secretary shall notify the person submitting a plan 
of operations of any modifications to such plan required to bring 
it into compliance with the requirements of this Act. If the person 
submitting the plan agrees to modify such plan in a manner accept-
able to the Secretory, the Secretory shall approve the plan as 
modified. In the event no agreement can be reached on the modifica-
tions to the plan which, in the opinion of the Secretory, will bring 
such plan into compliance with the requirements of this Act, then 
PUBLIC LAW 103-23—APR. 16, 1993 
107 STAT. 63 
the Secretary shall disapprove the plan and notify both the surface 
owner and the person submitting the plan of the decision. 
"(C) The 60-day period referred to in subparagraph (A) may 
be extended by the Secretary where additional time is required 
to comply with other applicable requirements of law. 
"(D) The Secretary shall suspend or revoke a plan of operation 
whenever the Secretary determines, on the Secretary's own motion 
or on a motion made by the surface owner, that the person conduct-
ing mineral activities is in substantial noncompliance with the 
terms and conditions of an approved plan of operations and has 
failed to remedy a violation after notice from the Secretary within 
the time required by the Secretary. 
"(4) Final approval of a plan of operations under this subsection 
shall be conditioned upon compliance with subsections (e) and (g). 
"(g) FEE.—^The fee referred to in subsection (fKD shall be— 
"(1) paid to the surface owner by the person submitting 
the plan of operations; 
"(2) paid in advance of any mineral activities or at such 
other time or times as may be agreed to by the surface owner 
and the person conducting such activities; and 
"(3) established by the Secretary taking into accoimt the 
acreage involved and the degree of potential disruption to exist-
ing surface uses during mineral activities (including the loss 
of income to the surface owner and such surface owner's oper-
ations due to the loss or impairment of existing surface uses 
for the duration of the mineral activities), except that such 
fee shall not exceed the fair market value for the surface 
of the land. 
"(h) RECLAMATION.—Lands affected by mineral activities under 
a plan of operations approved pursuant to subsection (f)(3) shall 
be reclaimed, to the maximum extent practicable, to a condition 
capable of supporting the uses to which such lands were capable 
of supporting prior to surface disturbance. Reclamation shall pro-
ceed as contemporaneously as practicable with the conduct of min-
eral activities. 
"(i) STATE LAW.—(1) Nothing in this Act shall be construed 
as affecting any reclamation, bonding, inspection, enforcement, air 
or water quality standard or requirement of any State law or 
regulation which may be applicable to mineral activities on lands 
subject to this Act to the extent that such law or regulation is 
not inconsistent with this title. 
"(2) Nothing in this Act shall be construed as affecting in 
any way the right of any person to enforce or protect, under 
applicable law, the interest of such person in water resources 
affected by mineral activities. 
"(j) INSPECTIONS.—Should any surface owner of land subject 
to this Act have reason to believe that they are or may be adversely 
affected by mineral activities due to any violation of the terms 
and conditions of a plan of operations approved under subsection 
(f), such surface owner may request an inspection of such lands. 
The Secretary shall determine within 10 days of the receipt of 
the request whi^ther the request states a reason to believe that 
a violation exists, except in the event the surface owner alleges 
and provides /reason to believe that an imminent danger exists, 
the 10-day period shall be waived and the inspection conducted 
immediately.' When an inspection is conducted under this para-
107 STAT. 64 
PUBLIC LAW 103-23—APR. 16, 1993 
graph, the Secretary shall notify the surface owner and such surface 
owner shall be allowed to accompany the inspector on the inspection. 
"(k) DAMAGES FOR FAILURE TO COMPLY.—(1) Whenever 
the 
surface owner of any land subject to this Act has suffered any 
permanent damages to crops or tangible improvements of the sur-
face owner, or any permanent loss of income due to loss or impair-
ment of grazing, or other uses of the land by the surface owner, 
if such damages or loss result from— 
"(A) any mineral activity undertaken without the consent 
of the suiface owner under subsection (c) or an authorization 
by the Secretary under subsection (d); or 
"(B) the failure of the person conducting mineral activities 
to remedy to the satisfaction of the Secretary any substantial 
noncompliance with the terms and conditions of a plan imder 
subsection (f); 
the surface owner may bring an action in the appropriate United 
States district court for, and the court may award, double damages 
plus costs for willful misconduct or gross negligence. 
"(2) The surface owner of any land subject to this Act may 
also bring an action in the appropriate United States district court 
for double damages plus costs for willful misconduct or gross neg-
ligence against any person undertaking any mineral activities on 
lands subject to this Act in violation of any requirement of sub-
section (b). 
"(3) Any double damages plus costs awarded by the court under 
this subsection shall be reduced by the amount of any compensation 
which the surface owner has received (or is eligible to receive) 
pursuant to the bond or financial guarantee required under sub-
section (e). 
"(1) PAYMENT OF FINANCIAL GUARANTEE.—The surface owner 
of any land subject to this Act may petition the Secretary for 
pa3nnent of all or any portion of a bond or other financial guarantee 
required under subsection (e) as compensation for any permanent 
damages to crops and tangible improvements of the surmce owner, 
or any permanent loss of income due to loss or impairment of 
grazing, or other uses of the land by the surface owner. Pursuant 
to such a petition, the Secretary may use such bond or other 
guarantee to provide compensation to the surface owner for such 
damages and to insure the required reclamation. 
"(m) BOND RELEASE.—^The Secretary shall release the bond 
or other financial guarantee required imder subsection (e) upon 
the successful completion of all requirements pursuant to a plan 
of operations approved under subsection (f). 
"(n) CONVEYANCE TO SURFACE OWNER.—The Secretary shall 
take such actions as may be necessary to simplify the procedures 
which must be complied with by surface owners of lands subject 
to this Act who apply to the Secretary to obtain title to interests 
in such lands owned by the United States. 
"(o) DEFINITIONS.—^For the purposes of subsections (b) through 
( n ) -
"(1) The term 'mineral activities' means any activity for, 
related to or incidental to mineral exploration, mining, and 
beneficiation activities for any locatable mineral on a mining 
claim. When used with respect to this term— 
"(A) the term 'exploration' means those techniques 
employed to locate the presence of a locatable mineral 
PUBLIC LAW 103-23—APR. 16, 1993 
107 STAT. 65 
deposit and to establish its nature, position, size, shape, 
grade and value; 
"(B) the term 'mining' means the processes employed 
for the extraction of a locatable mineral from the earth; 
and 
"(C) the term 'beneficiation' means the crushing and 
grinding of locatable mineral ore and such processes are 
employed to free the mineral from the other constituents, 
inclumng but not necessarily limited to, physical and 
chemical separation techniques. 
"(2) The term 'mining claim' means a claim located under 
the general mining laws of the United States (which generally 
comprise 30 U.S.C. chapters 2, 12A, and 16, and sections 161 
and 162) subject to the terms and conditions of subsections 
(b) throurfi (p) of this section. 
"(3) The term 'tangible improvements' includes agricultural, 
residential and commercial improvements, including improve-
ments made by residential subdividers. 
"(p) MINERALS COVERED.—Subsections (b) through (o) of this 
section apply only to minerals not subject to disposition under— 
'XD the Mineral Leasing Act (30 U.S.C. 181 and following); 
"(2) the Geothermal Steam Act of 1970 (30 U.S.C. 100 
and following); or 
"(3) the Act of July 31, 1947, commonly known as the 
Materials Act of 1947 (30 U.S.C. 601 and following).". 
(b) TECHNICAL CONFORMING AMENDMENT.—Section 9 of the 
Act of December 29, 1916, entitled "An Act to provide for stock-
raising homesteads, and for other purposes" (43 U.S.C. 299) is 
amended by inserting "(a) GENERAL PROVISIONS.—" before the words 
That all entries made". 
(c) EFFECTIVE DATE.—The amendments made by this Act shall 43 use 299 note. 
take efiTect 180 days after the date of enactment. 
(d) REGULATIONS.—The Secretary of the Interior shall issue 43 use 299 note. 
final regulations to implement the amendments made by this Act 
not later than the effective date of this Act. Failure to promulgate 
these regulations by reason of any appeal or judicial review shall 
not delay the efiTective date as specified m paragraph (c). 
SEC. 2. REPORT TO CONGRESS ON FOREIGN MINERAL INTEREST. 
43 USC 299 note. 
(a) REPORT.—^The Secretsuy of the Interior is directed to submit 
a report to the Congress within 2 years after the date of enactment 
of this Act on Uie acquisition of mineral interests made after the 
date of enactment of this Act by foreign firms on lands subject 
to the Act of December 29, 1916, entitled "An Act to provide for 
stock-raising homesteads, and for other purposes" (43 U.S.C. 299). 
107 STAT. 66 
PUBLIC LAW 103-23—APR. 16, 1993 
(b) DEFINITION.—For puiposes of this section, the term "foreign 
firm" means a business entity that conducts business operations 
in the United States and is 51 percent or more owned and controlled 
by a foreign person or entity. 
Approved April 16, 1993. 
LEGISLATIVE HISTORY—H.R. 239 (S. 336): 
HOUSE REPORTS: No. 103-44 (Comm. on Natural Resources). 
SENATE REPORTS: No. 103-21 accompanying S. 336 (Comm. on Energy and Natural 
I I L 6 S O U 1*C6S ) 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
Mar. 29, 30, considered and passed House. 
Apr. 1, considered and passed Senate.