e-CFR data is current as of November 25, 2020
TITLE 43—Public Lands: Interior
Subtitle B—REGULATIONS RELATING TO PUBLIC LANDS (CONTINUED) CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR SUBCHAPTER C—MINERALS MANAGEMENT (3000) PART 3800—MINING CLAIMS UNDER THE GENERAL MINING LAWS
Subpart 3800—GENERAL
|
| Am I required to pay any fees to use the surface of public lands for mining purposes? |
|
Subpart 3802—EXPLORATION AND MINING, WILDERNESS REVIEW PROGRAM
|
| Operations existing on October 21, 1976. |
|
|
| Contents of plan of operations. |
|
|
| Environmental protection. |
|
|
| Environmental assessment. |
|
|
| Requirements for environmental protection. |
|
|
| Fire prevention and control. |
|
|
| Maintenance and public safety. |
|
|
| Notice of suspension of operations. |
|
|
| Public availability of information. |
|
Subpart 3809—SURFACE MANAGEMENT
General Information
|
| What are the purposes of this subpart? |
|
|
| What is the scope of this subpart? |
|
|
| What rules must I follow if State law conflicts with this subpart? |
|
|
| How does BLM define certain terms used in this subpart? |
|
|
| How does BLM classify operations? |
|
|
| When do I have to submit a plan of operations? |
|
|
| When do I have to submit a notice? |
|
|
| Are there any special situations that affect what submittals I must make before I conduct operations? |
|
|
| What special provisions apply to operations on segregated or withdrawn lands? |
|
|
| What special provisions apply to minerals that may be common variety minerals, such as sand, gravel, and building stone? |
|
|
| Will BLM disclose to the public the information I submit under this subpart? |
|
|
| Can BLM collect information under this subpart? |
|
|
| As a mining claimant or operator, what are my responsibilities under this subpart for my project area? |
|
Federal/State Agreements
|
| What kinds of agreements may BLM and a State make under this subpart? |
|
|
| What should these agreements address? |
|
|
| Under what conditions will BLM defer to State regulation of operations? |
|
|
| What are the limitations on BLM deferral to State regulation of operations? |
|
|
| Does this subpart cancel an existing agreement between BLM and a State? |
|
Operations Conducted Under Notices
|
| Does this subpart apply to my existing notice-level operations? |
|
|
| Where do I file my notice and what information must I include in it? |
|
|
| What action does BLM take when it receives my notice? |
|
|
| When may I begin operations after filing a complete notice? |
|
|
| Under what circumstances may I not begin operations 15 calendar days after filing my notice? |
|
|
| Which performance standards apply to my notice-level operations? |
|
|
| Under what conditions must I modify my notice? |
|
|
| How long does my notice remain in effect? |
|
|
| May I extend my notice, and, if so, how? |
|
|
| What if I temporarily stop conducting operations under a notice? |
|
|
| What happens when my notice expires? |
|
|
| What if I abandon my notice-level operations? |
|
Operations Conducted Under Plans of Operations
|
| Does this subpart apply to my existing or pending plan of operations? |
|
|
| Where do I file my plan of operations and what information must I include with it? |
|
|
| What action will BLM take when it receives my plan of operations? |
|
|
| When may I operate under a plan of operations? |
|
|
| How do I prevent unnecessary or undue degradation while conducting operations on public lands? |
|
|
| What performance standards apply to my notice or plan of operations? |
|
|
| Enforcement of performance standards. |
|
|
| How long does my plan of operations remain in effect? |
|
|
| What are my obligations if I stop conducting operations? |
|
Modifications of Plans of Operations
|
| May I modify my plan of operations? |
|
|
| When must I modify my plan of operations? |
|
|
| What process will BLM follow in reviewing a modification of my plan of operations? |
|
|
| Does this subpart apply to a new modification of my plan of operations? |
|
|
| How does this subpart apply to pending modifications for new or existing facilities? |
|
Financial Guarantee Requirements—General
|
| In general, what are BLM's financial guarantee requirements? |
|
|
| When must I provide a financial guarantee for my notice-level operations? |
|
|
| How do the financial guarantee requirements of this subpart apply to my existing plan of operations? |
|
|
| What are my choices for providing BLM with a financial guarantee? |
|
Individual Financial Guarantee
|
| What must my individual financial guarantee cover? |
|
|
| May I post a financial guarantee for a part of my operations? |
|
|
| How do I estimate the cost to reclaim my operations? |
|
|
| What forms of individual financial guarantee are acceptable to BLM? |
|
|
| What special requirements apply to financial guarantees described in §3809.555(e)? |
|
Blanket Financial Guarantee
|
| Under what circumstances may I provide a blanket financial guarantee? |
|
State-Approved Financial Guarantee
|
| Under what circumstances may I provide a State-approved financial guarantee? |
|
|
| What forms of State-approved financial guarantee are acceptable to BLM? |
|
|
| What happens if BLM rejects a financial instrument in my State-approved financial guarantee? |
|
|
| What happens if the State makes a demand against my financial guarantee? |
|
|
| What happens if I have an existing corporate guarantee? |
|
Modification or Replacement of a Financial Guarantee
|
| What happens if I modify my notice or approved plan of operations? |
|
|
| Will BLM accept a replacement financial instrument? |
|
|
| How long must I maintain my financial guarantee? |
|
Release of Financial Guarantee
|
| When will BLM release or reduce the financial guarantee for my notice or plan of operations? |
|
|
| What are the limitations on the amount by which BLM may reduce my financial guarantee? |
|
|
| Does release of my financial guarantee relieve me of all responsibility for my project area? |
|
|
| What happens to my financial guarantee if I transfer my operations? |
|
|
| What happens to my financial guarantee when my mining claim or millsite is patented? |
|
Forfeiture of Financial Guarantee
|
| When may BLM initiate forfeiture of my financial guarantee? |
|
|
| How does BLM initiate forfeiture of my financial guarantee? |
|
|
| What if I do not comply with BLM's forfeiture decision? |
|
|
| What if the amount forfeited will not cover the cost of reclamation? |
|
|
| What if the amount forfeited exceeds the cost of reclamation? |
|
Inspection and Enforcement
|
| With what frequency will BLM inspect my operations? |
|
|
| What types of enforcement action may BLM take if I do not meet the requirements of this subpart? |
|
|
| Can BLM revoke my plan of operations or nullify my notice? |
|
|
| How does BLM serve me with an enforcement action? |
|
|
| What happens if I do not comply with a BLM order? |
|
|
| What are prohibited acts under this subpart? |
|
Penalties
|
| What criminal penalties apply to violations of this subpart? |
|
|
| What happens if I make false statements to BLM? |
|
Appeals
|
| Who may appeal BLM decisions under this subpart? |
|
|
| When may I file an appeal of the BLM decision with OHA? |
|
|
| What must I include in my appeal to OHA? |
|
|
| Will the BLM decision go into effect during an appeal to OHA? |
|
|
| When may I ask the BLM State Director to review a BLM decision? |
|
|
| What must I send BLM to request State Director review? |
|
|
| Will the State Director review the original BLM decision if I request State Director review? |
|
|
| What happens once the State Director agrees to my request for a review of a decision? |
|
|
| How will decisions go into effect when I request State Director review? |
|
|
| May I appeal a decision made by the State Director? |
|
Public Visits to Mines
|
| Will BLM allow the public to visit mines on public lands? |
|
| 