; (II) damage to or destruction of personal property, including crops, forage, and livestock; and (III) failure to reclaim the site in accordance with this clause (iii). (C) Procedure (i) An operator shall notify the surface estate owner or owners of the operator’s desire to conclude an agreement under this section. If the surface estate owner and the operator do not reach an agreement within 90 days after the operator has provided such notice, the matter shall be referred to third-party arbitration for resolution within a period of 90 days. The cost of such arbitration shall be the responsibility of the operator. (ii) The Secretary shall identify persons with experience in conducting arbitrations and shall make this information available to operators. (iii) Referral of a matter for arbitration by a person identified by the Secretary pursuant to clause (ii) shall be sufficient to constitute compliance with clause (i). (D) Attorneys fees If action is taken to enforce or interpret any of the terms and conditions contained in a surface use agreement, the prevailing party shall be reimbursed by the other party for reasonable attorneys fees and actual costs incurred, in addition to any other relief which a court or arbitration panel may grant. (2) Authorized exploration and drilling operations (A) Authorization without surface use agreement The Secretary may authorize an operator to conduct exploration and drilling operations on lands covered by paragraph (1) in the absence of an agreement with the surface estate owner or owners, if— (i) the Secretary makes a determination in writing that the operator made a good faith attempt to conclude such an agreement, including referral of the matter to arbitration pursuant to paragraph (1)(C), but that no agreement was concluded within 90 days after the referral to arbitration; (ii) the operator submits a plan of operations that provides for the matters specified in paragraph (1)(B) and for compliance with all other applicable requirements of Federal and State law