U.S. DEPARTMENT OF THE INTERIORBUREAU OF LAND MANAGEMENT
Land covered by the NOITL
All land covered by the NOITL must be owned by the same person or group of people. If you have multiple owners in the area, you must have a separate NOITL for each land owner. A claimant is allowed 1280 acres covered by an NOITL per surface owner in any one state. The maximum acreage covered by NOITL's (multiple surface owners) for a single claimant is 6400 acres in any one state.
The 90-day segregation period begins after a complete NOITL containing statutory information and the processing fee is received and accepted by the BLM. The NOITL is posted in the information access center and noted to the public land records as soon as possible after its receipt by BLM. The segregation period will not begin until all of the statutory requirements are met.
The 90-day segregation period ends on the 90th day, even if it falls on a weekend or a holiday.
Exploration and Location of Mining Claims
The claimant must wait 30 days from the date the surface owner is served with the NOITL (owner signs the certified card) and when statutory requirements are met to begin exploration and staking claims. The claimant is not allowed to enter the land covered by the NOITL during this 30-day period.
The claimant may explore and stake mining claims during the remainder of the 90-day segregation period, approximately 60 days.
Changes in Surface Owners of SRHA Lands
If the surface owner transfers all or part of the surface to a new owner after you have already recorded a NOITL with the BLM and served it on the surface owner, you do not have to serve a copy of the NOITL on the new surface owners.
Plan of Operation (Plan) and Bonding
After mining claims are staked, a mining claimant or operator may not conduct mineral activities except under the following conditions:
A plan of operations will be filed in the appropriate BLM Field Office pursuant to the standards described at 43 CFR 3809. Within 60 days of its receipt, the BLM Field Office will approve the plan, or notify the claimant/operator of any deficiencies in the plan. The 60-day time frame to approve the plan may be extended for an unspecified amount of time, if necessary to comply with other applicable requirements of law.
The State Office will be notified of a plan if filed within the 90-day segregation period. The 90-day segregation period may be extended by at least 60 days, if additional time is required to comply with other applicable requirements of law.
The appropriate BLM Field Office will determine the bond amount, prepare the necessary environmental document and estimated reclamation costs for the plan.
A reclamation bond shall be filed and maintained with the BLM State Office, pending final reclamation of the project area. The State Office will receive, adjudicate, accept, and release financial guarantees (bonds), and collect on forfeitures.
The operator or mining claimant(s) shall post fees in amounts sufficient to cover tangible losses incurred by the surface owner during operations and permanent losses that may result if the lands are not reclaimed to pre-mining agricultural production levels.
An annual rental payment is required to be paid to the surface owner(s), based upon fair market rental conditions.
Mining Claims Recorded in Connection with a NOITL
NOTE: The name of the person or company filing the NOITL does not have to match the name on the notice of location as an agent could be filing for the actual locators.
After your NOITL expires, you are not allowed to submit another NOITL for the same lands until 30 days after the expiration of the previously-filed NOITL.
Surface Owners of SRHA Land
The owner of patented surface affected by the Act is not required to file a NOITL. The only requirement of the surface owner is to provide proof of surface ownership. This can be accomplished by providing a copy of the tax records or title evidence documents.
Pre-Act Mining Claims (Non-Grandfathered)
Claims that were located and recorded with BLM on SRHA lands prior to the April 16, 1993, amendment were not completely "grandfathered".
The claimant needs to submit a letter to BLM stating that he/she has the consent of the surface owner to operate and that no BLM intervention is necessary. The surface owner must sign this letter. BLM does not need to know the details of the agreement(s).