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Disclaimer: The information provided is NOT legal advice and should not be construed as such. The material is provided for informational purposes only. This is in NO WAY intended to be a complete dissertation of what you need to do. Seek your own qualified legal counsel before doing anything. Every state is different in their regulations. Federal Regulations should be the same across the nation, but some have special restrictions. Waterways and drainages are under the jurisdiction of the Army Corp of Engineers and other agencies. ALWAYS ASK QUESTIONS FIRST!
Authority: 16 U.S.C. 1280; 30 U.S.C. 22; 30 U.S.C. 612; 43 U.S.C. 1201; and 43 U.S.C. 1732, 1733, 1740, 1781, and 1782.
Source:
General Information § 3809.1 What are the purposes of this
subpart?
The purposes of this subpart are to:
(a) Prevent unnecessary or undue degradation of public lands by operations
authorized by the mining laws. Anyone intending to develop mineral resources on
the public lands must prevent unnecessary or undue degradation of the land and
reclaim disturbed areas. This subpart establishes procedures and standards to
ensure that operators and mining claimants meet this responsibility; and
(b) Provide for maximum possible coordination with appropriate State agencies
to avoid duplication and to ensure that operators prevent unnecessary or undue
degradation of public lands.
§ 3809.2 What is the scope of this subpart?
(a) This subpart applies to all operations authorized by the mining laws on
public lands where the mineral interest is reserved to the United States,
including Stock Raising Homestead lands as provided in § 3809.31(d)
and (e). When public lands are sold or exchanged under 43 U.S.C. 682(b) (Small
Tracts Act), 43 U.S.C. 869 (Recreation and Public Purposes Act), 43 U.S.C. 1713
(sales) or 43 U.S.C. 1716 (exchanges), minerals reserved to the United States
continue to be removed from the operation of the mining laws unless a subsequent
land-use planning decision expressly restores the land to mineral entry, and BLM
publishes a notice to inform the public.
(b) This subpart does not apply to lands in the National Park System,
National Forest System, and the National Wildlife Refuge System; acquired lands;
or lands administered by BLM that are under wilderness review, which are subject
to subpart 3802 of this part.
(c) This subpart applies to all patents issued after October 21, 1976 for
mining claims in the California Desert Conservation Area, except for any patent
for which a right to the patent vested before that date.
(d) This subpart does not apply to private land except as provided in
paragraphs (a) and (c) of this section. For purposes of analysis under the
National Environmental Policy Act of 1969, BLM may collect information about
private land that is near to, or may be affected by, operations authorized under
this subpart.
(e) This subpart applies to operations that involve locatable minerals,
including metallic minerals; some industrial minerals, such as gypsum; and a
number of other non-metallic minerals that have a unique property which gives
the deposit a distinct and special value. This subpart does not apply to
leasable and salable minerals. Leasable minerals, such as coal, phosphate,
sodium, and potassium; and salable minerals, such as common varieties of sand,
gravel, stone, and pumice, are not subject to location under the mining laws.
Parts 3400, 3500 and 3600 of this title govern mining operations for leasable
and salable minerals.
[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54860, Oct. 30, 2001] § 3809.3 What rules must I follow if State
law conflicts with this subpart?
If State laws or regulations conflict with this subpart regarding operations
on public lands, you must follow the requirements of this subpart. However,
there is no conflict if the State law or regulation requires a higher standard
of protection for public lands than this subpart.
§ 3809.5 How does BLM define certain terms
used in this subpart?
As used in this subpart, the term:
Casual use means activities ordinarily resulting in no or negligible
disturbance of the public lands or resources. For example --
(1) Casual use generally includes the collection of geochemical, rock, soil,
or mineral specimens using hand tools; hand panning; or non-motorized sluicing.
It may include use of small portable suction dredges. It also generally includes
use of metal detectors, gold spears and other battery-operated devices for
sensing the presence of minerals, and hand and battery-operated drywashers.
Operators may use motorized vehicles for casual use activities provided the use
is consistent with the regulations governing such use (part 8340 of this title),
off-road vehicle use designations contained in BLM land-use plans, and the terms
of temporary closures ordered by BLM.
(2) Casual use does not include use of mechanized earth-moving equipment,
truck-mounted drilling equipment, motorized vehicles in areas when designated as
closed to "off-road vehicles" as defined in § 8340.0-5 of
this title, chemicals, or explosives. It also does not include
"occupancy" as defined in § 3715.0-5 of this title or
operations in areas where the cumulative effects of the activities result in
more than negligible disturbance.
Exploration means creating surface disturbance greater than casual use
that includes sampling, drilling, or developing surface or underground workings
to evaluate the type, extent, quantity, or quality of mineral values present.
Exploration does not include activities where material is extracted for
commercial use or sale.
Minimize means to reduce the adverse impact of an operation to the
lowest practical level. During review of operations, BLM may determine that it
is practical to avoid or eliminate particular impacts.
Mining claim means any unpatented mining claim, millsite, or tunnel
site located under the mining laws. The term also applies to those mining claims
and millsites located in the California Desert Conservation Area that were
patented after the enactment of the Federal Land Policy and Management Act of
October 21, 1976. Mining "claimant" is defined in § 3833.0-5
of this title.
Mining laws means the Lode Law of July 26, 1866, as amended (14 Stat.
251); the Placer Law of July 9, 1870, as amended (16 Stat. 217); and the Mining
Law of May 10, 1872, as amended (17 Stat. 91); as well as all laws supplementing
and amending those laws, including the Building Stone Act of August 4, 1892, as
amended (27 Stat. 348); the Saline Placer Act of January 31, 1901 (31 Stat.
745); the Surface Resources Act of 1955 (30 U.S.C. 611-614); and the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
Mitigation, as defined in 40 CFR 1508.20, may include one or more of
the following:
(1) Avoiding the impact altogether by not taking a certain action or parts of
an action;
(2) Minimizing impacts by limiting the degree or magnitude of the action and
its implementation;
(3) Rectifying the impact by repairing, rehabilitating, or restoring the
affected environment;
(4) Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action; and
(5) Compensating for the impact by replacing, or providing substitute,
resources or environments.
Operations means all functions, work, facilities, and activities on
public lands in connection with prospecting, exploration, discovery and
assessment work, development, extraction, and processing of mineral deposits
locatable under the mining laws; reclamation of disturbed areas; and all other
reasonably incident uses, whether on a mining claim or not, including the
construction of roads, transmission lines, pipelines, and other means of access
across public lands for support facilities.
Operator means a person conducting or proposing to conduct operations.
Person means any individual, firm, corporation, association,
partnership, trust, consortium, joint venture, or any other entity conducting
operations on public lands.
Project area means the area of land upon which the operator conducts
operations, including the area required for construction or maintenance of
roads, transmission lines, pipelines, or other means of access by the operator.
Public lands, as defined in 43 U.S.C. 1702, means any land and
interest in land owned by the United States within the several States and
administered by the Secretary of the Interior through the BLM, without regard to
how the United States acquired ownership, except --
(1) Lands located on the Outer Continental Shelf; and
(2) Lands held for the benefit of Indians, Aleuts, and Eskimos.
Reclamation means taking measures required by this subpart following
disturbance of public lands caused by operations to meet applicable performance
standards and achieve conditions required by BLM at the conclusion of
operations. For a definition of "reclamation" applicable to operations
conducted under the mining laws on Stock Raising Homestead Act lands, see part
3810, subpart 3814 of this title. Components of reclamation include, where
applicable:
(1) Isolation, control, or removal of acid-forming, toxic, or deleterious
substances;
(2) Regrading and reshaping to conform with adjacent landforms, facilitate
revegetation, control drainage, and minimize erosion;
(3) Rehabilitation of fisheries or wildlife habitat;
(4) Placement of growth medium and establishment of self-sustaining
revegetation;
(5) Removal or stabilization of buildings, structures, or other support
facilities;
(6) Plugging of drill holes and closure of underground workings; and
(7) Providing for post-mining monitoring, maintenance, or treatment.
Riparian area is a form of wetland transition between permanently
saturated wetlands and upland areas. These areas exhibit vegetation or physical
characteristics reflective of permanent surface or subsurface water influence.
Typical riparian areas include lands along, adjacent to, or contiguous with
perennially and intermittently flowing rivers and streams, glacial potholes, and
the shores of lakes and reservoirs with stable water levels. Excluded are areas
such as ephemeral streams or washes that do not exhibit the presence of
vegetation dependent upon free water in the soil.
Tribe means, and Tribal refers to, a Federally recognized
Indian tribe.
Unnecessary or undue degradation means conditions, activities, or
practices that:
(1) Fail to comply with one or more of the following: the performance
standards in § 3809.420, the terms and conditions of an approved
plan of operations, operations described in a complete notice, and other Federal
and state laws related to environmental protection and protection of cultural
resources;
(2) Are not "reasonably incident" to prospecting, mining, or
processing operations as defined in § 3715. 0-5 of this chapter; or
(3) Fail to attain a stated level of protection or reclamation required by
specific laws in areas such as the California Desert Conservation Area, Wild and
Scenic Rivers, BLM-administered portions of the National Wilderness System, and
BLM-administered National Monuments and National Conservation Areas.
[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54860, Oct. 30, 2001] § 3809.10 How does BLM classify operations?
BLM classifies operations as --
(a) Casual use, for which an operator need not notify BLM. (You must reclaim
any casual-use disturbance that you create. If your operations do not qualify as
casual use, you must submit a notice or plan of operations, whichever is
applicable. See §§ 3809.11 and 3809.21.);
(b) Notice-level operations, for which an operator must submit a notice
(except for certain suction-dredging operations covered by § 3809.31(b));
and
(c) Plan-level operations, for which an operator must submit a plan of
operations and obtain BLM's approval.
§ 3809.11 When do I have to submit a plan
of operations?
(a) You must submit a plan of operations and obtain BLM's approval before
beginning operations greater than casual use, except as described in
§ 3809.21. Also see §§ 3809.31 and 3809.400 through
3809.434.
(b) You must submit a plan of operations for any bulk sampling in which you
will remove 1,000 tons or more of presumed ore for testing.
(c) You must submit a plan of operations for any operations causing surface
disturbance greater than casual use in the following special status areas where
§ 3809.21 does not apply:
(1) Lands in the California Desert Conservation Area (CDCA) designated by the
CDCA plan as "controlled" or "limited" use areas;
(2) Areas in the National Wild and Scenic Rivers System, and areas designated
for potential addition to the system;
(3) Designated Areas of Critical Environmental Concern;
(4) Areas designated as part of the National Wilderness Preservation System
and administered by BLM;
(5) Areas designated as "closed" to off-road vehicle use, as
defined in § 8340.0-5 of this title;
(6) Any lands or waters known to contain Federally proposed or listed
threatened or endangered species or their proposed or designated critical
habitat, unless BLM allows for other action under a formal land-use plan or
threatened or endangered species recovery plan; and
(7) National Monuments and National Conservation Areas administered by BLM.
§ 3809.21 When do I have to submit a
notice?
(a) You must submit a complete notice of your operations 15 calendar days
before you commence exploration causing surface disturbance of 5 acres or less
of public lands on which reclamation has not been completed. See § 3809.301
for information on what you must include in your notice.
(b) You must not segment a project area by filing a series of notices for the
purpose of avoiding filing a plan of operations. See §§ 3809.300
through 3809.336 for regulations applicable to notice-level operations.
§ 3809.31 Are there any special situations
that affect what submittals I must make before I conduct operations?
(a) Where the cumulative effects of casual use by individuals or groups have
resulted in, or are reasonably expected to result in, more than negligible
disturbance, the State Director may establish specific areas as he/she deems
necessary where any individual or group intending to conduct activities under
the mining laws must contact BLM 15 calendar days before beginning activities to
determine whether the individual or group must submit a notice or plan of
operations. (See § 3809.300 through 3809.336 and § 3809.400
through 3809.434.) BLM will notify the public via publication in the (b) Suction dredges. (1) If your operations involve the use of a
suction dredge, the State requires an authorization for its use, and BLM and the
State have an agreement under § 3809.200 addressing suction
dredging, then you need not submit to BLM a notice or plan of operations, unless
otherwise provided in the agreement between BLM and the State.
(2) For all uses of a suction dredge not covered by paragraph (b)(1) of this
section, you must contact BLM before beginning such use to determine whether you
need to submit a notice or a plan to BLM, or whether your activities constitute
casual use. If your proposed suction dredging is located within any lands or
waters known to contain Federally proposed or listed threatened or endangered
species or their proposed or designated critical habitat, regardless of the
level of disturbance, you must not begin operations until BLM completes
consultation the Endangered Species Act requires.
(c) If your operations require you to occupy or use a site for activities
"reasonably incident" to mining, as defined in § 3715.0-5
of this title, whether you are operating under a notice or a plan of operations,
you must also comply with part 3710, subpart 3715, of this title.
(d) If your operations are located on lands patented under the Stock Raising
Homestead Act and you do not have the written consent of the surface owner, then
you must submit a plan of operations and obtain BLM's approval. Where you have
surface-owner consent, you do not need a notice or a plan of operations under
this subpart. See part 3810, subpart 3814, of this title.
(e) For other than Stock Raising Homestead Act lands, if your proposed
operations are located on lands conveyed by the United States which contain
minerals reserved to the United States, then you must submit a plan of
operations under § 3809.11 and obtain BLM's approval or a notice
under § 3809.21.
[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54860, Oct. 30, 2001] § 3809.100 What special provisions apply to
operations on segregated or withdrawn lands?
(a) Mineral examination report. After the date on which the lands are
withdrawn from appropriation under the mining laws, BLM will not approve a plan
of operations or allow notice-level operations to proceed until BLM has prepared
a mineral examination report to determine whether the mining claim was valid
before the withdrawal, and whether it remains valid. BLM may require preparation
of a mineral examination report before approving a plan of operations or
allowing notice-level operations to proceed on segregated lands. If the report
concludes that the mining claim is invalid, BLM will not approve operations or
allow notice-level operations on the mining claim. BLM will also promptly
initiate contest proceedings.
(b) Allowable operations. If BLM has not completed the mineral
examination report under paragraph (a) of this section, if the mineral
examination report for proposed operations concludes that a mining claim is
invalid, or if there is a pending contest proceeding for the mining claim,
(1) BLM may --
(i) Approve a plan of operations for the disputed mining claim proposing
operations that are limited to taking samples to confirm or corroborate mineral
exposures that are physically disclosed and existing on the mining claim before
the segregation or withdrawal date, whichever is earlier; and
(ii) Approve a plan of operations for the operator to perform the minimum
necessary annual assessment work under § 3851.1 of this title; or
(2) A person may only conduct exploration under a notice that is limited to
taking samples to confirm or corroborate mineral exposures that are physically
disclosed and existing on the mining claim before the segregation or withdrawal
date, whichever is earlier.
(c) Time limits. While BLM prepares a mineral examination report under
paragraph (a) of this section, it may suspend the time limit for responding to a
notice or acting on a plan of operations. See §§ 3809.311 and
3809.411, respectively.
(d) Final decision. If a final departmental decision declares a mining
claim to be null and void, the operator must cease all operations, except
required reclamation.
§ 3809.101 What special provisions apply to
minerals that may be common variety minerals, such as sand, gravel, and building
stone?
(a) Mineral examination report. On mining claims located on or after
July 23, 1955, you must not initiate operations for minerals that may be
"common variety" minerals, as defined in § 3711.1(b) of
this title, until BLM has prepared a mineral examination report, except as
provided in paragraph (b) of this section.
(b) Interim authorization. Until the mineral examination report
described in paragraph (a) of this section is prepared, BLM will allow
notice-level operations or approve a plan of operations for the disputed mining
claim for --
(1) Operations limited to taking samples to confirm or corroborate mineral
exposures that are physically disclosed and existing on the mining claim;
(2) Performance of the minimum necessary annual assessment work under
§ 3851.1 of this title; or
(3) Operations to remove possible common variety minerals if you establish an
escrow account in a form acceptable to BLM. You must make regular payments to
the escrow account for the appraised value of possible common variety minerals
removed under a payment schedule approved by BLM. The funds in the escrow
account must not be disbursed to the operator or to the U.S. Treasury until a
final determination of whether the mineral is a common variety and therefore
salable under part 3600 of this title.
(c) Determination of common variety. If the mineral examination report
under paragraph (a) of this section concludes that the minerals are common
variety minerals, you may either relinquish your mining claim(s) or BLM will
initiate contest proceedings. Upon relinquishment or final departmental
determination that the mining claim(s) is null and void, you must promptly close
and reclaim your operations unless you are authorized to proceed under parts
3600 and 3610 of this title.
(d) Disposal. BLM may dispose of common variety minerals from
unpatented mining claims in accordance with the provisions of § 3601.14
of this chapter.
[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 58910, Nov. 23, 2001] § 3809.111 Will BLM disclose to the public
the information I submit under this subpart?
Part 2 of this title applies to all information and data you submit under
this subpart. If you submit information or data under this subpart that you
believe is exempt from disclosure, you must mark each page clearly
"CONFIDENTIAL INFORMATION." You must also separate it from other
materials you submit to BLM. BLM will keep confidential information or data
marked in this manner to the extent required by part 2 of this title. If you do
not mark the information as confidential, BLM, without notifying you, may
disclose the information to the public to the full extent allowed under part 2
of this title.
§ 3809.115 Can BLM collect information
under this subpart?
Yes, the Office of Management and Budget has approved the collections of
information contained in this subpart under 44 U.S.C. 3501 et seq. and
assigned clearance number 1004-0194. BLM will use this information to regulate
and monitor mining and exploration operations on public lands.
§ 3809.116 As a mining claimant or
operator, what are my responsibilities under this subpart for my project area?
(a) Mining claimants and operators (if other than the mining claimant) are
liable for obligations under this subpart that accrue while they hold their
interests.
(b) Relinquishment, forfeiture, or abandonment of a mining claim does not
relieve a mining claimant's or operator's responsibility under this subpart for
obligations that accrued or conditions that were created while the mining
claimant or operator was responsible for operations conducted on that mining
claim or in the project area.
(c) Transfer of a mining claim or operation does not relieve a mining
claimant's or operator's responsibility under this subpart for obligations that
accrued or conditions that were created while the mining claimant or operator
was responsible for operations conducted on that mining claim or in the project
area until --
(1) BLM receives documentation that a transferee accepts responsibility for
the transferor's previously accrued obligations, and
(2) BLM accepts an adequate replacement financial guarantee adequate to cover
such previously accrued obligations and the transferee's new obligations.
[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54860, Oct. 30, 2001] Federal/State Agreements § 3809.200 What kinds of agreements may BLM
and a State make under this subpart?
To prevent unnecessary administrative delay and to avoid duplication of
administration and enforcement, BLM and a State may make the following kinds of
agreements:
(a) An agreement to provide for a joint Federal/State program; and
(b) An agreement under § 3809.202 which provides that, in place
of BLM administration, BLM defers to State administration of some or all of the
requirements of this subpart subject to the limitations in § 3809.203.
§ 3809.201 What should these agreements
address?
(a) The agreements should provide for maximum possible coordination with the
State to avoid duplication and to ensure that operators prevent unnecessary or
undue degradation of public lands. Agreements should cover any or all sections
of this subpart and should consider, at a minimum, common approaches to review
of plans of operations, including effective cooperation regarding the National
Environmental Policy Act; performance standards; interim management of temporary
closure; financial guarantees; inspections; and enforcement actions, including
referrals to enforcement authorities. BLM and the State should also include
provisions for the regular review or audit of these agreements.
(b) To satisfy the requirements of § 3809.31(b), if BLM and the
State elect to address suction dredge activities in the agreement, the agreement
must require a State to notify BLM of each application to conduct suction dredge
activities within 15 calendar days of receipt of the application by the State.
BLM will inform the State whether Federally proposed or listed threatened or
endangered species or their proposed or designated critical habitat may be
affected by the proposed activities and any necessary mitigating measures.
Operations must not begin until BLM completes consultation or conferencing under
the Endangered Species Act.
§ 3809.202 Under what conditions will BLM
defer to State regulation of operations?
(a) State request. A State may request BLM enter into an agreement for
State regulation of operations on public lands in place of BLM administration of
some or all of the requirements of this subpart. The State must send the request
to the BLM State Director with jurisdiction over public lands in the State.
(b) BLM review. (1) When the State Director receives the State's
request, he/she will notify the public and provide an opportunity for comment.
The State Director will then review the request and determine whether the
State's requirements are consistent with the requirements of this subpart, and
whether the State has necessary legal authorities, resources, and funding for an
agreement. The State requirements may be contained in laws, regulations,
guidelines, policy manuals, and demonstrated permitting practices.
(2) For the purposes of this subpart, BLM will determine consistency with the
requirements of this subpart by comparing this subpart and State standards on a
provision-by-provision basis to determine --
(i) Whether non-numerical State standards are functionally equivalent to BLM
counterparts; and
(ii) Whether numerical State standards are the same as corresponding
numerical BLM standards, except that State review and approval time frames do
not have to be the same as the corresponding Federal time frames.
(3) A State environmental protection standard that exceeds a corresponding
Federal standard is consistent with the requirements of this subpart.
(c) State Director decision. The BLM State Director will notify the
State in writing of his/her decision regarding the State's request. The State
Director will address whether the State requirements are consistent with the
requirements of this subpart, and whether the State has necessary legal
authorities, resources, and funding to implement any agreement. If BLM
determines that the State's requirements are consistent with the requirements of
this subpart and the State has the necessary legal authorities, resources, and
funding, BLM must enter into an agreement with the State so that the State will
regulate some or all of the operations on public lands, as described in the
State request.
(d) Appeal of State Director decision. The BLM State Director's decision will
be a final decision of BLM and may be appealed to the Assistant Secretary for
Land and Minerals Management, but not to the Department of the Interior Office
of Hearings and Appeals. The items you should include in the appeal are the same
as the items you must include under § 3809.802.
[65 FR 70112, Nov. 21, 2000, as amended at 68 FR 32656, June 2, 2003] § 3809.203 What are the limitations on BLM
deferral to State regulation of operations?
Any agreement between BLM and a State in which BLM defers to State regulation
of some or all operations on public lands is subject to the following
limitations:
(a) Plans of Operations. BLM must concur with each State decision
approving a plan of operations to assure compliance with this subpart, and BLM
retains responsibility for compliance with the National Environmental Policy Act
(NEPA). The State and BLM may decide who will be the lead agency in the plan
review process, including preparation of NEPA documents.
(b) Federal land-use planning and other Federal laws. BLM will
continue to be responsible for all land-use planning on public lands and for
implementing other Federal laws relating to the public lands for which BLM is
responsible.
(c) Federal enforcement. BLM may take any authorized action to enforce
the requirements of this subpart or any term, condition, or limitation of a
notice or an approved plan of operations. BLM may take this action regardless of
the nature of its agreement with a State, or actions taken by a State.
(d) Financial guarantee. The amount of the financial guarantee must be
calculated based on the completion of both Federal and State reclamation
requirements, but may be held as one instrument. If the financial guarantee is
held as one instrument, it must be redeemable by both the Secretary and the
State. BLM must concur in the approval, release, or forfeiture of a financial
guarantee for public lands.
(e) State performance. If BLM determines that a State is not in
compliance with all or part of its Federal/State agreement, BLM will notify the
State and provide a reasonable time for the State to comply.
(f) Termination. (1) If a State does not comply after being notified
under paragraph (e) of this section, BLM will take appropriate action, which may
include termination of all or part of the agreement.
(2) A State may terminate its agreement by notifying BLM 60 calendar days in
advance.
§ 3809.204 Does this subpart cancel an
existing agreement between BLM and a State?
(a) No, this subpart doesn't cancel a Federal/State agreement or memorandum
of understanding in effect on January 20, 2001. A Federal/State agreement or
memorandum of understanding will continue while BLM and the State perform a
review to determine whether revisions are required under this subpart. BLM and
the State must complete the review and make necessary revisions no later than
one year from January 20, 2001.
(b) The BLM State Director may extend the review period described in
paragraph (a) of this section for one more year upon the written request of the
Governor of the State or the delegated representative of the Governor, and if
necessary, for a third year upon another written request. The existing agreement
or memorandum of understanding terminates no later than one year after January
20, 2001 if this review and any necessary revision does not occur, unless
extended under this paragraph.
(c) This subpart applies during the review period described in paragraphs (a)
and (b) of this section. Where a portion of a Federal/State agreement or
memorandum of understanding existing on January 20, 2001 is inconsistent with
this subpart, that portion continues in effect until the agreement or memorandum
of understanding is revised under this subpart or terminated.
Operations Conducted Under Notices § 3809.300 Does this subpart apply to my
existing notice-level operations?
To see how this subpart applies to your operations conducted under a notice
and existing on January 20, 2001, follow this table:
§ 3809.301 Where do I file my notice and
what information must I include in it?
(a) If you qualify under § 3809.21, you must file your notice
with the local BLM office with jurisdiction over the lands involved. BLM does
not require that the notice be on a particular form.
(b) To be complete, your notice must include the following information:
(1) Operator Information. The name, mailing address, phone number,
taxpayer identification number of the operator(s), and the BLM serial number(s)
of any unpatented mining claim(s) where the disturbance would occur. If the
operator is a corporation, you must identify one individual as the point of
contact;
(2) Activity Description, Map, and Schedule of Activities. A
description of the proposed activity with a level of detail appropriate to the
type, size, and location of the activity. The description must include the
following:
(i) The measures that you will take to prevent unnecessary or undue
degradation during operations;
(ii) A map showing the location of your project area in sufficient detail for
BLM to be able to find it and the location of access routes you intend to use,
improve, or construct;
(iii) A description of the type of equipment you intend to use; and
(iv) A schedule of activities, including the date when you expect to begin
operations and the date you expect to complete reclamation;
(3) Reclamation Plan. A description of how you will complete
reclamation to the standards described in § 3809.420; and
(4) Reclamation cost estimate. An estimate of the cost to fully
reclaim your operations as required by § 3809.552.
(c) BLM may require you to provide additional information, if necessary to
ensure that your operations will comply with this subpart.
(d) You must notify BLM in writing within 30 calendar days of any change of
operator or corporate point of contact, or of the mailing address of the
operator or corporate point of contact.
§ 3809.311 What action does BLM take when
it receives my notice?
(a) Upon receipt of your notice, BLM will review it within 15 calendar days
to see if it is complete under § 3809.301.
(b) If your notice is incomplete, BLM will inform you in writing of the
additional information you must submit. BLM may also take the actions described
in § 3809.313.
(c) BLM will review your additional information within 15 calendar days to
ensure it is complete. BLM will repeat this process until your notice is
complete, or until we determine that you may not conduct operations because of
your inability to prevent unnecessary or undue degradation.
§ 3809.312 When may I begin operations
after filing a complete notice?
(a) If BLM does not take any of the actions described in § 3908.313,
you may begin operations no sooner than 15 calendar days after the appropriate
BLM office receives your complete notice. BLM may send you an acknowledgement
that indicates the date we received your notice. If you don't receive an
acknowledgement or have any doubt about the date we received your notice,
contact the office to which you sent the notice. This subpart does not require
BLM to approve your notice or inform you that your notice is complete.
(b) If BLM completes our review sooner than 15 calendar days after receiving
your complete notice, we may notify you that you may begin operations.
(c) You must provide to BLM a financial guarantee that meets the requirements
of this subpart before beginning operations.
(d) Your operations may be subject to BLM approval under part 3710, subpart
3715, of this title relating to use or occupancy of unpatented mining claims.
§ 3809.313 Under what circumstances may I
not begin operations 15 calendar days after filing my notice?
To see when you may not begin operations 15 calendar days after filing your
notice, follow this table:
§ 3809.320 Which performance standards
apply to my notice-level operations?
Your notice-level operations must meet all applicable performance standards
of § 3809.420.
§ 3809.330 May I modify my notice?
(a) Yes, you may submit a notice modification at any time during operations
under a notice.
(b) BLM will review your notice modification the same way it reviewed your
initial notice under §§ 3809.311 and 3809.313.
§ 3809.331 Under what conditions must I
modify my notice?
(a) You must modify your notice --
(1) If BLM requires you to do so to prevent unnecessary or undue degradation;
or
(2) If you plan to make material changes to your operations. Material changes
are changes that disturb areas not described in the existing notice; change your
reclamation plan; or result in impacts of a different kind, degree, or extent
than those described in the existing notice.
(b) You must submit your notice modification 15 calendar days before making
any material changes. If BLM determines your notice modification is complete
before the 15-day period has elapsed, BLM may notify you to proceed. When BLM
requires you to modify your notice, we may also notify you to proceed before the
15-day period has elapsed to prevent unnecessary or undue degradation.
§ 3809.332 How long does my notice remain
in effect?
If you filed your complete notice on or after January 20, 2001, it remains in
effect for 2 years, unless extended under § 3809.333, or unless you
notify BLM beforehand that operations have ceased and reclamation is complete.
BLM will conduct an inspection to verify whether you have met your obligations,
will notify you promptly in writing, and terminate your notice, if appropriate.
§ 3809.333 May I extend my notice, and, if
so, how?
Yes, if you wish to conduct operations for 2 additional years after the
expiration date of your notice, you must notify BLM in writing on or before the
expiration date and meet the financial guarantee requirements of § 3809.503.
You may extend your notice more than once.
§ 3809.334 What if I temporarily stop
conducting operations under a notice?
(a) If you stop conducting operations for any period of time, you must --
(1) Maintain public lands within the project area, including structures, in a
safe and clean condition;
(2) Take all steps necessary to prevent unnecessary or undue degradation; and
(3) Maintain an adequate financial guarantee.
(b) If the period of non-operation is likely to cause unnecessary or undue
degradation, BLM, in writing, will --
(1) Require you to take all steps necessary to prevent unnecessary or undue
degradation; and
(2) Require you, after an extended period of non-operation for other than
seasonal operations, to remove all structures, equipment, and other facilities
and reclaim the project area.
§ 3809.335 What happens when my notice
expires?
(a) When your notice expires, you must --
(1) Cease operations, except reclamation; and
(2) Complete reclamation promptly according to your notice.
(b) Your reclamation obligations continue beyond the expiration or any
termination of your notice until you satisfy them.
§ 3809.336 What if I abandon my
notice-level operations?
(a) BLM may consider your operations to be abandoned if, for example, you
leave inoperable or non-mining related equipment in the project area, remove
equipment and facilities from the project area other than for purposes of
completing reclamation according to your reclamation plan, do not maintain the
project area, discharge local workers, or there is no sign of activity in the
project area over time.
(b) If BLM determines that you abandoned your operations without completing
reclamation, BLM may initiate forfeiture under § 3809.595. If the
amount of the financial guarantee is inadequate to cover the cost of
reclamation, BLM may complete the reclamation, and the operator and all other
responsible persons are liable for the cost of reclamation.
Operations Conducted Under Plans of Operations § 3809.400 Does this subpart apply to my
existing or pending plan of operations?
(a) You may continue to operate under the terms and conditions of a plan of
operations that BLM approved before January 20, 2001. All provisions of this
subpart except plan content (§ 3809.401) and performance standards (§§ 3809.415
and 3809.420) apply to such plan of operations. See § 3809.505 for
the applicability of financial guarantee requirements.
(b) If your unapproved plan of operations is pending on January 20, 2001,
then the plan content requirements and performance standards that were in effect
immediately before that date apply to your pending plan of operations. (See 43
CFR parts 1000-end, revised as of Oct. 1, 1999.) All other provisions of this
subpart apply.
(c) If you want this subpart to apply to any existing or pending plan of
operations, where not otherwise required, you may choose to have this subpart
apply.
§ 3809.401 Where do I file my plan of
operations and what information must I include with it?
(a) If you are required to file a plan of operations under § 3809.11,
you must file it with the local BLM field office with jurisdiction over the
lands involved. BLM does not require that the plan be on a particular form. Your
plan of operations must demonstrate that the proposed operations would not
result in unnecessary or undue degradation of public lands.
(b) Your plan of operations must contain the following information and
describe the proposed operations at a level of detail sufficient for BLM to
determine that the plan of operations prevents unnecessary or undue degradation:
(1) Operator Information. The name, mailing address, phone number,
taxpayer identification number of the operator(s), and the BLM serial number(s)
of any unpatented mining claim(s) where disturbance would occur. If the operator
is a corporation, you must identify one individual as the point of contact. You
must notify BLM in writing within 30 calendar days of any change of operator or
corporate point of contact or in the mailing address of the operator or
corporate point of contact;
(2) Description of Operations. A description of the equipment,
devices, or practices you propose to use during operations including, where
applicable --
(i) Maps of the project area at an appropriate scale showing the location of
exploration activities, drill sites, mining activities, processing facilities,
waste rock and tailing disposal areas, support facilities, structures,
buildings, and access routes;
(ii) Preliminary or conceptual designs, cross sections, and operating plans
for mining areas, processing facilities, and waste rock and tailing disposal
facilities;
(iii) Water management plans;
(iv) Rock characterization and handling plans;
(v) Quality assurance plans;
(vi) Spill contingency plans;
(vii) A general schedule of operations from start through closure; and
(viii) Plans for all access roads, water supply pipelines, and power or
utility services;
(3) Reclamation Plan. A plan for reclamation to meet the standards in
§ 3809.420, with a description of the equipment, devices, or
practices you propose to use including, where applicable, plans for --
(i) Drill-hole plugging;
(ii) Regrading and reshaping;
(iii) Mine reclamation, including information on the feasibility of pit
backfilling that details economic, environmental, and safety factors;
(iv) Riparian mitigation;
(v) Wildlife habitat rehabilitation;
(vi) Topsoil handling;
(vii) Revegetation;
(viii) Isolation and control of acid-forming, toxic, or deleterious
materials;
(ix) Removal or stabilization of buildings, structures and support
facilities; and
(x) Post-closure management;
(4) Monitoring Plan. A proposed plan for monitoring the effect of your
operations. You must design monitoring plans to meet the following objectives:
To demonstrate compliance with the approved plan of operations and other Federal
or State environmental laws and regulations, to provide early detection of
potential problems, and to supply information that will assist in directing
corrective actions should they become necessary. Where applicable, you must
include in monitoring plans details on type and location of monitoring devices,
sampling parameters and frequency, analytical methods, reporting procedures, and
procedures to respond to adverse monitoring results. Monitoring plans may
incorporate existing State or other Federal monitoring requirements to avoid
duplication. Examples of monitoring programs which may be necessary include
surface- and ground-water quality and quantity, air quality, revegetation,
stability, noise levels, and wildlife mortality; and
(5) Interim management plan. A plan to manage the project area during
periods of temporary closure (including periods of seasonal closure) to prevent
unnecessary or undue degradation. The interim management plan must include,
where applicable, the following:
(i) Measures to stabilize excavations and workings;
(ii) Measures to isolate or control toxic or deleterious materials (See also
the requirements in § 3809.420(c)(12)(vii).);
(iii) Provisions for the storage or removal of equipment, supplies and
structures;
(iv) Measures to maintain the project area in a safe and clean condition;
(v) Plans for monitoring site conditions during periods of non-operation; and
(vi) A schedule of anticipated periods of temporary closure during which you
would implement the interim management plan, including provisions for notifying
BLM of unplanned or extended temporary closures.
(c) In addition to the requirements of paragraph (b) of this section, BLM may
require you to supply --
(1) Operational and baseline environmental information for BLM to analyze
potential environmental impacts as required by the National Environmental Policy
Act and to determine if your plan of operations will prevent unnecessary or
undue degradation. This could include information on public and non-public lands
needed to characterize the geology, paleontological resources, cave resources,
hydrology, soils, vegetation, wildlife, air quality, cultural resources, and
socioeconomic conditions in and around the project area, as well as information
that may require you to conduct static and kinetic testing to characterize the
potential for your operations to produce acid drainage or other leachate. BLM is
available to advise you on the exact type of information and level of detail
needed to meet these requirements; and
(2) Other information, if necessary to ensure that your operations will
comply with this subpart.
(d) Reclamation cost estimate. At a time specified by BLM, you must
submit an estimate of the cost to fully reclaim your operations as required by
§ 3809.552. BLM will review your reclamation cost estimate and
notify you of any deficiencies or additional information that must be submitted
in order to determine a final reclamation cost. BLM will notify you when we have
determined the final amount for which you must provide financial assurance.
[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54860, Oct. 30, 2001] § 3809.411 What action will BLM take when
it receives my plan of operations?
(a) BLM will review your plan of operations within 30 calendar days and will
notify you that --
(1) Your plan of operations is complete, that is, it meets the content
requirements of § 3809.401(b);
(2) Your plan does not contain a complete description of the proposed
operations under § 3809.401(b). BLM will identify deficiencies that
you must address before BLM can continue processing your plan of operations. If
necessary, BLM may repeat this process until your plan of operations is
complete; or
(3) The description of the proposed operations is complete, but BLM cannot
approve the plan until certain additional steps are completed, including one or
more of the following:
(i) You collect adequate baseline data;
(ii) BLM completes the environmental review required under the National
Environmental Policy Act;
(iii) BLM completes any consultation required under the National Historic
Preservation Act, the Endangered Species Act, or the Magnuson-Stevens Fishery
Conservation and Management Act;
(iv) BLM or the Department of the Interior completes other Federal
responsibilities, such as Native American consultation;
(v) BLM conducts an on-site visit;
(vi) BLM completes review of public comments on the plan of operations;
(vii) For public lands where BLM does not have responsibility for managing
the surface, BLM consults with the surface-managing agency;
(viii) In cases where the surface is owned by a non-Federal entity, BLM
consults with the surface owner; and
(ix) BLM completes consultation with the State to ensure your operations will
be consistent with State water quality requirements.
(b) Pending final approval of your plan of operations, BLM may approve any
operations that may be necessary for timely compliance with requirements of
Federal and State laws, subject to any terms and conditions that may be needed
to prevent unnecessary or undue degradation.
(c) Following receipt of your complete plan of operations and before BLM acts
on it, we will publish a notice of the availability of the plan in either a
local newspaper of general circulation or a NEPA document and will accept public
comment for at least 30 calendar days on your plan of operations.
(d) Upon completion of the review of your plan of operations, including
analysis under NEPA and public comment, BLM will notify you that --
(1) BLM approves your plan of operations as submitted (See part 3810, subpart
3814 of this title for specific plan-related requirements applicable to
operations on Stock Raising Homestead Act lands.);
(2) BLM approves your plan of operations subject to changes or conditions
that are necessary to meet the performance standards of § 3809.420
and to prevent unnecessary or undue degradation. BLM may require you to
incorporate into your plan of operations other agency permits, final approved
engineering designs and plans, or other conditions of approval from the review
of the plan of operations filed under § 3809.401(b); or
(3) BLM disapproves, or is withholding approval of your plan of operations
because the plan:
(i) Does not meet the applicable content requirements of § 3809.401;
(ii) Proposes operations that are in an area segregated or withdrawn from the
operation of the mining laws, unless the requirements of § 3809.100
are met; or
(iii) Proposes operations that would result in unnecessary or undue
degradation of public lands.
[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54860, Oct. 30, 2001] § 3809.412 When may I operate under a plan
of operations?
You must not begin operations until BLM approves your plan of operations and
you provide the financial guarantee required under § 3809.551.
§ 3809.415 How do I prevent unnecessary or
undue degradation while conducting operations on public lands?
You prevent unnecessary or undue degradation while conducting operations on
public lands by --
(a) Complying with § 3809.420, as applicable; the terms and
conditions of your notice or approved plan of operations; and other Federal and
State laws related to environmental protection and protection of cultural
resources;
(b) Assuring that your operations are "reasonably incident" to
prospecting, mining, or processing operations and uses as defined in
§ 3715.0-5 of this title; and
(c) Attaining the stated level of protection or reclamation required by
specific laws in areas such as the California Desert Conservation Area, Wild and
Scenic Rivers, BLM-administered portions of the National Wilderness System, and
BLM-administered National Monuments and National Conservation Areas.
[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54861, Oct. 30, 2001] § 3809.420 What performance standards apply
to my notice or plan of operations?
The following performance standards apply to your notice or plan of
operations:
(a) General performance standards -- (1) Technology and practices.
You must use equipment, devices, and practices that will meet the performance
standards of this subpart.
(2) Sequence of operations. You must avoid unnecessary impacts and
facilitate reclamation by following a reasonable and customary mineral
exploration, development, mining and reclamation sequence.
(3) Land-use plans. Consistent with the mining laws, your operations
and post-mining land use must comply with the applicable BLM land-use plans and
activity plans, and with coastal zone management plans under 16 U.S.C. 1451, as
appropriate.
(4) Mitigation. You must take mitigation measures specified by BLM to
protect public lands.
(5) Concurrent reclamation. You must initiate and complete reclamation
at the earliest economically and technically feasible time on those portions of
the disturbed area that you will not disturb further.
(6) Compliance with other laws. You must conduct all operations in a
manner that complies with all pertinent Federal and state laws.
(b) Specific standards -- (1) Access routes. Access routes
shall be planned for only the minimum width needed for operations and shall
follow natural contours, where practicable to minimize cut and fill. When the
construction of access routes involves slopes that require cuts on the inside
edge in excess of 3 feet, the operator may be required to consult with the
authorized officer concerning the most appropriate location of the access route
prior to commencing operations. An operator is entitled to access to his
operations consistent with provisions of the mining laws. Where a notice or a
plan of operations is required, it shall specify the location of access routes
for operations and other conditions necessary to prevent unnecessary or undue
degradation. The authorized officer may require the operator to use existing
roads to minimize the number of access routes, and, if practicable, to construct
access roads within a designated transportation or utility corridor. When
commercial hauling is involved and the use of an existing road is required, the
authorized officer may require the operator to make appropriate arrangements for
use and maintenance.
(2) Mining wastes. All tailings, dumps, deleterious materials or
substances, and other waste produced by the operations shall be disposed of so
as to prevent unnecessary or undue degradation and in accordance with applicable
Federal and state Laws.
(3) Reclamation. (i) At the earliest feasible time, the operator shall
reclaim the area disturbed, except to the extent necessary to preserve evidence
of mineralization, by taking reasonable measures to prevent or control on-site
and off-site damage of the Federal lands.
(ii) Reclamation shall include, but shall not be limited to:
(A) Saving of topsoil for final application after reshaping of disturbed
areas have been completed;
(B) Measures to control erosion, landslides, and water runoff;
(C) Measures to isolate, remove, or control toxic materials;
(D) Reshaping the area disturbed, application of the topsoil, and
revegetation of disturbed areas, where reasonably practicable; and
(E) Rehabilitation of fisheries and wildlife habitat.
(iii) When reclamation of the disturbed area has been completed, except to
the extent necessary to preserve evidence of mineralization, the authorized
officer shall be notified so that an inspection of the area can be made.
(4) Air quality. All operators shall comply with applicable Federal
and state air quality standards, including the Clean Air Act (42 U.S.C. 1857 et
seq.).
(5) Water quality. All operators shall comply with applicable Federal
and state water quality standards, including the Federal Water Pollution Control
Act, as amended (30 U.S.C. 1151 et seq.).
(6) Solid wastes. All operators shall comply with applicable Federal
and state standards for the disposal and treatment of solid wastes, including
regulations issued pursuant to the Solid Waste Disposal Act as amended by the
Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.). All
garbage, refuse or waste shall either be removed from the affected lands or
disposed of or treated to minimize, so far as is practicable, its impact on the
lands.
(7) Fisheries, wildlife and plant habitat. The operator shall take
such action as may be needed to prevent adverse impacts to threatened or
endangered species, and their habitat which may be affected by operations.
(8) Cultural and paleontological resources. (i) Operators shall not
knowingly disturb, alter, injure, or destroy any scientifically important
paleontological remains or any historical or archaeological site, structure,
building or object on Federal lands.
(ii) Operators shall immediately bring to the attention of the authorized
officer any cultural and/or paleontological resources that might be altered or
destroyed on Federal lands by his/her operations, and shall leave such discovery
intact until told to proceed by the authorized officer. The authorized officer
shall evaluate the discoveries brought to his/her attention, take action to
protect or remove the resource, and allow operations to proceed within 10
working days after notification to the authorized officer of such discovery.
(iii) The Federal Government shall have the responsibility and bear the cost
of investigations and salvage of cultural and paleontology values discovered
after a plan of operations has been approved, or where a plan is not involved.
(9) Protection of survey monuments. To the extent practicable, all
operators shall protect all survey monuments, witness corners, reference
monuments, bearing trees and line trees against unnecessary or undue
destruction, obliteration or damage. If, in the course of operations, any
monuments, corners, or accessories are destroyed, obliterated, or damaged by
such operations, the operator shall immediately report the matter to the
authorized officer. The authorized officer shall prescribe, in writing, the
requirements for the restoration or reestablishment of monuments, corners,
bearing and line trees.
(10) Fire. The operator shall comply with all applicable Federal and
state fire laws and regulations, and shall take all reasonable measures to
prevent and suppress fires in the area of operations.
(11) Acid-forming, toxic, or other deleterious materials. You must
incorporate identification, handling, and placement of potentially acid-forming,
toxic or other deleterious materials into your operations, facility design,
reclamation, and environmental monitoring programs to minimize the formation and
impacts of acidic, alkaline, metal-bearing, or other deleterious leachate,
including the following:
(i) You must handle, place, or treat potentially acid-forming, toxic, or
other deleterious materials in a manner that minimizes the likelihood of acid
formation and toxic and other deleterious leachate generation (source control);
(ii) If you cannot prevent the formation of acid, toxic, or other deleterious
drainage, you must minimize uncontrolled migration of leachate; and
(iii) You must capture and treat acid drainage, or other undesirable
effluent, to the applicable standard if source controls and migration controls
do not prove effective. You are responsible for any costs associated with water
treatment or facility maintenance after project closure. Long-term, or
post-mining, effluent capture and treatment are not acceptable substitutes for
source and migration control, and you may rely on them only after all reasonable
source and migration control methods have been employed.
(12) Leaching operations and impoundments. (i) You must design,
construct, and operate all leach pads, tailings impoundments, ponds, and
solution-holding facilities according to standard engineering practices to
achieve and maintain stability and facilitate reclamation.
(ii) You must construct a low-permeability liner or containment system that
will minimize the release of leaching solutions to the environment. You must
monitor to detect potential releases of contaminants from heaps, process ponds,
tailings impoundments, and other structures and remediate environmental impacts
if leakage occurs.
(iii) You must design, construct, and operate cyanide or other leaching
facilities and impoundments to contain precipitation from the local 100-year,
24-hour storm event in addition to the maximum process solution inventory. Your
design must also include allowances for snowmelt events and draindown from heaps
during power outages in the design.
(iv) You must construct a secondary containment system around vats, tanks, or
recovery circuits adequate to prevent the release of toxic solutions to the
environment in the event of primary containment failure.
(v) You must exclude access by the public, wildlife, or livestock to solution
containment and transfer structures that contain lethal levels of cyanide or
other solutions.
(vi) During closure and at final reclamation, you must detoxify leaching
solutions and heaps and manage tailings or other process waste to minimize
impacts to the environment from contact with toxic materials or leachate.
Acceptable practices to detoxify solutions and materials include natural
degradation, rinsing, chemical treatment, or equally successful alternative
methods. Upon completion of reclamation, all materials and discharges must meet
applicable standards.
(vii) In cases of temporary or seasonal closure, you must provide adequate
maintenance, monitoring, security, and financial guarantee, and BLM may require
you to detoxify process solutions.
(13) Maintenance and public safety. During all operations, the
operator shall maintain his or her structures, equipment, and other facilities
in a safe and orderly manner. Hazardous sites or conditions resulting from
operations shall be marked by signs, fenced, or otherwise identified to alert
the public in accordance with applicable Federal and state laws and regulations.
[66 FR 54861, Oct. 30, 2001] § 3809.421 Enforcement of performance
standards.
Failure of the operator to prevent unnecessary or undue degradation or to
complete reclamation to the standards described in this subpart may cause the
operator to be subject to enforcement as described in §§ 3809.600
through 3809. 605 of this subpart.
[66 FR 54862, Oct. 30, 2001] § 3809.423 How long does my plan of
operations remain in effect?
Your plan of operations remains in effect as long as you are conducting
operations, unless BLM suspends or revokes your plan of operations for failure
to comply with this subpart.
§ 3809.424 What are my obligations if I
stop conducting operations?
(a) To see what you must do if you stop conducting operations, follow this
table:
(b) Your reclamation and closure obligations continue until satisfied.
Modifications of Plans of Operations § 3809.430 May I modify my plan of
operations?
Yes, you may request a modification of the plan at any time during operations
under an approved plan of operations.
§ 3809.431 When must I modify my plan of
operations?
You must modify your plan of operations when any of the following apply:
(a) Before making any changes to the operations described in your approved
plan of operations;
(b) When BLM requires you to do so to prevent unnecessary or undue
degradation; and
(c) Before final closure, to address impacts from unanticipated events or
conditions or newly discovered circumstances or information, including the
following:
(1) Development of acid or toxic drainage;
(2) Loss of surface springs or water supplies;
(3) The need for long-term water treatment and site maintenance;
(4) Repair of reclamation failures;
(5) Plans for assuring the adequacy of containment structures and the
integrity of closed waste units;
(6) Providing for post-closure management; and (7) Eliminating hazards to
public safety.
§ 3809.432 What process will BLM follow in
reviewing a modification of my plan of operations?
(a) BLM will review and approve a modification of your plan of operations in
the same manner as it reviewed and approved your initial plan under
§§ 3809.401 through 3809.420; or
(b) BLM will accept a minor modification without formal approval if it is
consistent with the approved plan of operations and does not constitute a
substantive change that requires additional analysis under the National
Environmental Policy Act.
§ 3809.433 Does this subpart apply to a new
modification of my plan of operations?
To see how this subpart applies to a modification of your plan of operations
that you submit to BLM after January 20, 2001, refer to the following table.
§ 3809.434 How does this subpart apply to
pending modifications for new or existing facilities?
(a) This subpart applies to modifications pending before BLM on January 20,
2001 to construct a new facility, such as a waste rock repository, leach pad,
drill site, or access road; or to modify an existing mine facility such as
expansion of a waste rock repository or leach pad.
(b) All provisions of this subpart, except plan content (§ 3809.401)
and performance standards (§§ 3809.415 and 3809.420) apply to any
modification of a plan of operations that was pending on January 20, 2001. See
§ 3809.505 for applicability of financial guarantee requirements.
(c) If your unapproved modification of a plan of operations is pending on
January 20, 2001, then the plan content requirements (§ 3809.1-5)
and the performance standards (§§ 3809.1-3(d) and 3809.2-2) that
were in effect immediately before January 20, 2001 apply to your modification of
a plan of operations. (See 43 CFR parts 1000-end, revised as of Oct. 1, 2000).
(d) If you want this subpart to apply to your pending modification of a plan
of operations, where not otherwise required, you may choose to have this subpart
apply.
Financial Guarantee Requirements -- General § 3809.500 In general, what are BLM's
financial guarantee requirements?
To see generally what BLM's financial guarantee requirements are, follow this
table:
§ 3809.503 When must I provide a financial
guarantee for my notice-level operations?
To see how this subpart applies to your notice, follow this table:
§ 3809.505 How do the financial guarantee
requirements of this subpart apply to my existing plan of operations?
For each plan of operations approved before January 20, 2001, for which you
or your predecessor in interest posted a financial guarantee under the
regulations in force before that date, you must post a financial guarantee
according to the requirements of this subpart no later than November 20, 2001,
at the local BLM office with jurisdiction over the lands involved. You do not
need to post a new financial guarantee if your existing financial guarantee
satisfies this subpart. If you are conducting operations under a plan of
operations approved before January 20, 2001, but you have not provided a
financial guarantee, you must post a financial guarantee under § 3809.551
by September 13, 2001.
[66 FR 32575, June 15, 2001] § 3809.551 What are my choices for
providing BLM with a financial guarantee?
You must provide BLM with a financial guarantee using any of the 3 options in
the following table:
Individual Financial Guarantee § 3809.552 What must my individual
financial guarantee cover?
(a) If you conduct operations under a notice or a plan of operations and you
provide an individual financial guarantee, it must cover the estimated cost as
if BLM were to contract with a third party to reclaim your operations according
to the reclamation plan, including construction and maintenance costs for any
treatment facilities necessary to meet Federal and State environmental
standards. The financial guarantee must also cover any interim stabilization and
infrastructure maintenance costs needed to maintain the area of operations in
compliance with applicable environmental requirements while third-party
contracts are developed and executed.
(b) BLM will periodically review the estimated cost of reclamation and the
adequacy of any funding mechanism established under paragraph (c) of this
section and require increased coverage, if necessary.
(c) When BLM identifies a need for it, you must establish a trust fund or
other funding mechanism available to BLM to ensure the continuation of long-term
treatment to achieve water quality standards and for other long term,
post-mining maintenance requirements. The funding must be adequate to provide
for construction, long-term operation, maintenance, or replacement of any
treatment facilities and infrastructure, for as long as the treatment and
facilities are needed after mine closure. BLM may identify the need for a trust
fund or other funding mechanism during plan review or later.
§ 3809.553 May I post a financial guarantee
for a part of my operations?
(a) Yes, BLM may authorize you to provide a financial guarantee covering a
part of your operations if --
(1) Your operations do not go beyond what is specifically covered by the
partial financial guarantee; and
(2) The partial financial guarantee covers all reclamation costs within the
incremental area of operations.
(b) BLM will review the amount and terms of the financial guarantee for each
increment of your operations at least annually.
§ 3809.554 How do I estimate the cost to
reclaim my operations?
(a) You must estimate the cost to reclaim your operations as if BLM were
hiring a third-party contractor to perform reclamation of your operations after
you have vacated the project area. Your estimate must include BLM's cost to
administer the reclamation contract. Contact BLM to obtain this administrative
cost information.
(b) Your estimate of the cost to reclaim your operations must be acceptable
to BLM.
§ 3809.555 What forms of individual
financial guarantee are acceptable to BLM?
You may use any of the following instruments for an individual financial
guarantee, provided that the BLM State Director has determined that it is an
acceptable financial instrument within the State where the operations are
proposed:
(a) Surety bonds that meet the requirements of Treasury Department Circular
570, including surety bonds arranged or paid for by third parties;
(b) Cash in an amount equal to the required dollar amount of the financial
guarantee, to be deposited and maintained in a Federal depository account of the
United States Treasury by BLM;
(c) Irrevocable letters of credit from a bank or financial institution
organized or authorized to transact business in the United States;
(d) Certificates of deposit or savings accounts not in excess of the maximum
insurable amount as set by the Federal Deposit Insurance Corporation; and
(e) Either of the following instruments having a market value of not less
than the required dollar amount of the financial guarantee and maintained in a
Securities Investors Protection Corporation insured trust account by a licensed
securities brokerage firm for the benefit of the Secretary of the Interior,
acting by and through BLM:
(1) Negotiable United States Government, State and Municipal securities or
bonds; or
(2) Investment-grade rated securities having a Standard and Poor's rating of
AAA or AA or an equivalent rating from a nationally recognized securities rating
service.
(f) Insurance, if its form and function is such that the funding or
enforceable pledges of funding are used to guarantee performance of regulatory
obligations in the event of default on such obligations by the operator.
Insurance must have an A.M. Best rating of "superior" or an equivalent
rating from a nationally recognized insurance rating service.
§ 3809.556 What special requirements apply
to financial guarantees described in § 3809.555(e)?
(a) If you choose to use the instruments permitted under § 3809.555(e)
in satisfaction of financial guarantee requirements, you must provide BLM,
before you begin operations and by the end of each calendar year thereafter, a
certified statement describing the nature and market value of the instruments
maintained in that account, and including any current statements or reports
furnished by the brokerage firm to the operator or mining claimant concerning
the asset value of the account.
(b) You must review the market value of the account instruments by December
31 of each year to ensure that their market value continues to be not less than
the required dollar amount of the financial guarantee. When the market value of
the account instruments has declined by more than 10 percent of the required
dollar amount of the financial guarantee, you must, within 10 calendar days
after its annual review or at any time upon the written request of BLM, provide
additional instruments, as defined in § 3809.555(e), to the trust
account so that the total market value of all account instruments is not less
than the required dollar amount of the financial guarantee. You must send a
certified statement to BLM within 45 calendar days thereafter describing your
actions to raise the market value of its account instruments to the required
dollar amount of the financial guarantee. You must include copies of any
statements or reports furnished by the brokerage firm to you documenting such an
increase.
(c) If your review under paragraph (b) of this section demonstrates that the
total market value of trust account instruments exceeds 110 percent of the
required dollar amount of the financial guarantee, you may ask BLM to authorize
a written release of that portion of the account that exceeds 110 percent of the
required financial guarantee. BLM will approve your request only if you are in
compliance with the terms and conditions of your notice or approved plan of
operations.
Blanket Financial Guarantee § 3809.560 Under what circumstances may I
provide a blanket financial guarantee?
(a) If you have more than one notice- or plan-level operation underway, you
may provide a blanket financial guarantee covering statewide or nationwide
operations instead of individual financial guarantees for each operation.
(b) BLM will accept a blanket financial guarantee if we determine that its
terms and conditions are sufficient to comply with the regulations of this
subpart.
State-Approved Financial Guarantee § 3809.570 Under what circumstances may I
provide a State-approved financial guarantee?
When you provide evidence of an existing financial guarantee under State law
or regulations that covers your operations, you are not required to provide a
separate financial guarantee under this subpart if --
(a) The existing financial guarantee is redeemable by the Secretary, acting
by and through BLM;
(b) It is held or approved by a State agency for the same operations covered
by your notice(s) or plan(s) of operations; and
(c) It provides at least the same amount of financial guarantee as required
by this subpart.
§ 3809.571 What forms of State-approved
financial guarantee are acceptable to BLM?
You may provide a State-approved financial guarantee in any of the following
forms, subject to the conditions in §§ 3809.570 and 3809.574:
(a) The kinds of individual financial guarantees specified under
§ 3809.555;
(b) Participation in a State bond pool, if --
(1) The State agrees that, upon BLM's request, the State will use part of the
pool to meet reclamation obligations on public lands; and
(2) The BLM State Director determines that the State bond pool provides the
equivalent level of protection as that required by this subpart; or
(c) A corporate guarantee that existed on January 20, 2001, subject to the
restrictions on corporate guarantees in § 3809.574.
§ 3809.572 What happens if BLM rejects a
financial instrument in my State-approved financial guarantee?
If BLM rejects a submitted financial instrument in an existing State-approved
financial guarantee, BLM will notify you and the State in writing, with a
complete explanation of the reasons for the rejection within 30 calendar days of
BLM's receipt of the evidence of State-approved financial guarantee. You must
provide BLM with a financial guarantee acceptable under this subpart at least
equal to the amount of the rejected financial instrument.
§ 3809.573 What happens if the State makes
a demand against my financial guarantee?
When the State makes a demand against your financial guarantee, thereby
reducing the available balance, you must do both of the following:
(a) Notify BLM within 15 calendar days; and
(b) Replace or augment the financial guarantee within 30 calendar days if the
available balance is insufficient to cover the remaining reclamation cost.
§ 3809.574 What happens if I have an
existing corporate guarantee?
(a) If you have an existing corporate guarantee on January 20, 2001 that
applies to public lands under an approved BLM and State agreement, your
corporate guarantee will continue in effect. BLM will not accept any new
corporate guarantees or increases to existing corporate guarantees. You may not
transfer your existing corporate guarantee to another operator.
(b) If the State revises existing corporate guarantee criteria or
requirements that apply to a corporate guarantee existing on January 20, 2001,
the BLM State Director will review the revisions to ensure that adequate
financial coverage continues. If the BLM State Director determines it is in the
public interest to do so, the State Director may terminate a revised corporate
guarantee and require an acceptable replacement financial guarantee after due
notice and a reasonable time to obtain a replacement.
Modification or Replacement of a Financial Guarantee § 3809.580 What happens if I modify my
notice or approved plan of operations?
(a) If you modify a notice or an approved plan of operations under
§ 3809.331 or § 3809.431 respectively, and your
estimated reclamation cost increases, you must increase the amount of the
financial guarantee to cover any estimated additional cost of reclamation and
long-term treatment in compliance with § 3809.552.
(b) If you modify a notice or an approved plan of operations under
§ 3809.331 or § 3809.431 respectively, and your
estimated reclamation cost decreases, you may request BLM decrease the amount of
the financial guarantee for your operations.
§ 3809.581 Will BLM accept a replacement
financial instrument?
(a) Yes, if you or a new operator have an approved financial guarantee, you
may request BLM to accept a replacement financial instrument at any time after
the approval of an initial instrument. BLM will review the offered instrument
for adequacy and may reject any offered instrument, but will do so by a decision
in writing, with a complete explanation of the reasons for the rejection, within
30 calendar days of the offering.
(b) A surety is not released from an obligation that accrued while the surety
bond was in effect unless the replacement financial guarantee covers such
obligations to BLM's satisfaction.
§ 3809.582 How long must I maintain my
financial guarantee?
You must maintain your financial guarantee until you or a new operator
replace it with another adequate financial guarantee, subject to BLM's written
concurrence, or until BLM releases the requirement to maintain your financial
guarantee after you have completed reclamation of your operation according to
the requirements of § 3809.320 (for notices), including any measures
identified as the result of consultation with BLM under § 3809.313,
or § 3809.420 (for plans of operations).
Release of Financial Guarantee § 3809.590 When will BLM release or reduce
the financial guarantee for my notice or plan of operations?
(a) When you (the mining claimant or operator) have completed all or any
portion of the reclamation of your operations in accordance with your notice or
approved plan of operations, you may notify BLM that the reclamation has
occurred and request a reduction in the financial guarantee or BLM approval of
the adequacy of the reclamation, or both.
(b) BLM will then promptly inspect the reclaimed area. We encourage you to
accompany the BLM inspector.
(c) For your plan of operations, BLM will either post in the local BLM office
or publish notice of final financial guarantee release in a local newspaper of
general circulation and accept comments for 30 calendar days. Subsequently, BLM
will notify you, in writing, whether you may reduce the financial guarantee
under § 3809.591, or the reclamation is acceptable, or both.
§ 3809.591 What are the limitations on the
amount by which BLM may reduce my financial guarantee?
(a) This section applies to your financial guarantee, but not to any funding
mechanism established under § 3809.552(c) to pay for long-term
treatment of effluent or site maintenance. Calculation of bond percentages in
paragraphs (b) and (c) of this section does not include any funds held in that
kind of funding mechanism.
(b) BLM may release up to 60 percent of your financial guarantee for a
portion of your project area when BLM determines that you have successfully
completed backfilling; regrading; establishment of drainage control; and
stabilization and detoxification of leaching solutions, heaps, tailings, and
similar facilities on that portion of the project area.
(c) BLM may release the remainder of your financial guarantee for the same
portion of the project area when --
(1) BLM determines that you have successfully completed reclamation,
including revegetating the area disturbed by operations; and
(2) Any effluent discharged from the area has met applicable effluent
limitations and water quality standards for one year without needing additional
treatment, or you have established a funding mechanism under § 3809.552(c)
to pay for long-term treatment, and any effluent discharged from the area has
met applicable effluent limitations and water quality standards water for one
year with or without treatment.
§ 3809.592 Does release of my financial
guarantee relieve me of all responsibility for my project area?
(a) Release of your financial guarantee under this subpart does not release
you (the mining claimant or operator) from responsibility for reclamation of
your operations should reclamation fail to meet the standards of this subpart.
(b) Any release of your financial guarantee under this subpart does not
release or waive any claim BLM or other persons may have against any person
under the Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended, 42 U.S.C. 9601 et seq., or under any other
applicable statutes or regulations.
§ 3809.593 What happens to my financial
guarantee if I transfer my operations?
You remain responsible for obligations or conditions created while you
conducted operations unless a transferee accepts responsibility under
§ 3809.116, and BLM accepts an adequate replacement financial
guarantee. Therefore, your financial guarantee must remain in effect until BLM
determines that you are no longer responsible for all or part of the operation.
BLM can release your financial guarantee on an incremental basis. The new
operator must provide a financial guarantee before BLM will allow the new
operator to conduct operations.
§ 3809.594 What happens to my financial
guarantee when my mining claim or millsite is patented?
(a) When your mining claim or millsite is patented, BLM will release the
portion of the financial guarantee that applies to operations within the
boundaries of the patented land. This paragraph does not apply to patents issued
on mining claims within the boundaries of the California Desert Conservation
Area.
(b) BLM will release the remainder of the financial guarantee, including the
portion covering approved access outside the boundaries of the mining claim,
when you have completed reclamation to the standards of this subpart.
Forfeiture of Financial Guarantee § 3809.595 When may BLM initiate forfeiture
of my financial guarantee?
BLM may initiate forfeiture of all or part of your financial guarantee for
any project area or portion of a project area if --
(a) You (the operator or mining claimant) refuse or are unable to conduct
reclamation as provided in the reclamation measures incorporated into your
notice or approved plan of operations or the regulations in this subpart;
(b) You fail to meet the terms of your notice or your approved plan of
operations; or
(c) You default on any of the conditions under which you obtained the
financial guarantee.
§ 3809.596 How does BLM initiate forfeiture
of my financial guarantee?
When BLM decides to require the forfeiture of all or part of your financial
guarantee, BLM will notify you (the operator or mining claimant) by certified
mail, return receipt requested; the surety on the financial guarantee, if any;
and the State agency holding the financial guarantee, if any, informing you and
them of the following:
(a) BLM's decision to require the forfeiture of all or part of the financial
guarantee;
(b) The reasons for the forfeiture;
(c) The amount that you will forfeit based on the estimated total cost of
achieving the reclamation plan requirements for the project area or portion of
the project area affected, including BLM's administrative costs; and
(d) How you may avoid forfeiture, including --
(1) Providing a written agreement under which you or another person will
perform reclamation operations in accordance with a compliance schedule which
meets the conditions of your notice or your approved plan of operations and the
reclamation plan, and a demonstration that such other person has the ability to
satisfy the conditions; and
(2) Obtaining written permission from BLM for a surety to complete the
reclamation, or the portion of the reclamation applicable to the bonded phase or
increment, if the surety can demonstrate an ability to complete the reclamation
in accordance with the reclamation measures incorporated in your notice or
approved plan of operations.
§ 3809.597 What if I do not comply with
BLM's forfeiture decision?
If you fail to meet the requirements of BLM's forfeiture decision provided
under § 3809.596, and you fail to appeal the forfeiture decision
under §§ 3809.800 to 3809.807, or the Interior Board of Land
Appeals does not grant a stay under 43 CFR 4.321, or the decision appealed is
affirmed, BLM will --
(a) Immediately collect the forfeited amount as provided by applicable laws
for the collection of defaulted financial guarantees, other debts, or State bond
pools; and
(b) Use funds collected from financial guarantee forfeiture to implement the
reclamation plan, or portion thereof, on the area or portion of the area to
which financial guarantee coverage applies.
§ 3809.598 What if the amount forfeited
will not cover the cost of reclamation?
If the amount forfeited is insufficient to pay for the full cost of
reclamation, the operators and mining claimants are liable for the remaining
costs as set forth in § 3809.116. BLM may complete or authorize
completion of reclamation of the area covered by the financial guarantee and may
recover from responsible persons all costs of reclamation in excess of the
amount forfeited.
[66 FR 54862, Oct. 30, 2001] § 3809.599 What if the amount forfeited
exceeds the cost of reclamation?
If the amount of financial guarantee forfeited is more than the amount
necessary to complete reclamation, BLM will return the unused funds within a
reasonable amount of time to the party from whom they were collected.
Inspection and Enforcement § 3809.600 With what frequency will BLM
inspect my operations?
(a) At any time, BLM may inspect your operations, including all structures,
equipment, workings, and uses located on the public lands. The inspection may
include verification that your operations comply with this subpart. See
§ 3715.7 of this title for special provisions governing inspection
of the inside of structures used solely for residential purposes.
(b) At least 4 times each year, BLM will inspect your operations if you use
cyanide or other leachate or where there is significant potential for acid
drainage.
§ 3809.601 What types of enforcement action
may BLM take if I do not meet the requirements of this subpart?
BLM may issue various types of enforcement orders, including the following:
(a) Noncompliance order. If your operations do not comply with any
provision of your notice, plan of operations, or requirement of this subpart,
BLM may issue you a noncompliance order; and
(b) Suspension orders. (1) BLM may order a suspension of all or any
part of your operations after --
(i) You fail to timely comply with a noncompliance order for a significant
violation issued under paragraph (a) of this section. A significant violation is
one that causes or may result in environmental or other harm or danger or that
substantially deviates from the complete notice or approved plan of operations;
(ii) BLM notifies you of its intent to issue a suspension order; and
(iii) BLM provides you an opportunity for an informal hearing before the BLM
State Director to object to a suspension.
(2) BLM may order an immediate, temporary suspension of all or any part of
your operations without issuing a noncompliance order, notifying you in advance,
or providing you an opportunity for an informal hearing if --
(i) You do not comply with any provision of your notice, plan of operations,
or this subpart; and
(ii) An immediate, temporary suspension is necessary to protect health,
safety, or the environment from imminent danger or harm. BLM may presume that an
immediate suspension is necessary if you conduct plan-level operations without
an approved plan of operations or conduct notice-level operations without
submitting a complete notice.
(3) BLM will terminate a suspension order under paragraph (b)(1) or (b)(2) of
this section when BLM determines you have corrected the violation.
(c) Contents of enforcement orders. Enforcement orders will specify --
(1) How you are failing or have failed to comply with the requirements of
this subpart;
(2) The portions of your operations, if any, that you must cease or suspend;
(3) The actions you must take to correct the noncompliance and the time, not
to exceed 30 calendar days, within which you must start corrective action; and
(4) The time within which you must complete corrective action.
§ 3809.602 Can BLM revoke my plan of
operations or nullify my notice?
(a) BLM may revoke your plan of operations or nullify your notice upon
finding that --
(1) A violation exists of any provision of your notice, plan of operation, or
this subpart, and you have failed to correct the violation within the time
specified in the enforcement order issued under § 3809.601; or
(2) a pattern of violations exists at your operations.
(b) The finding is not effective until BLM notifies you of its intent to
revoke your plan or nullify your notice, and BLM provides you an opportunity for
an informal hearing before the BLM State Director.
(c) If BLM nullifies your notice or revokes your plan of operations, you must
not conduct operations on the public lands in the project area, except for
reclamation and other measures specified by BLM.
§ 3809.603 How does BLM serve me with an
enforcement action?
(a) BLM will serve a noncompliance order, a notification of intent to issue a
suspension order, a suspension order, or other enforcement order on the person
to whom it is directed or his or her designated agent, either by --
(1) Sending a copy of the notification or order by certified mail or by hand
to the operator or his or her designated agent, or by any means consistent with
the rules governing service of a summons and complaint under rule 4 of the
Federal Rules of Civil Procedure. Service is complete upon offer of the
notification or order or of the certified mail and is not incomplete because of
refusal to accept; or
(2) Offering a copy at the project area to the designated agent or to the
individual who, based upon reasonable inquiry, appears to be in charge. If no
such individual can be located at the project area, BLM may offer a copy to any
individual at the project area who appears to be an employee or agent of the
person to whom the notification or order is issued. Service is complete when the
notice or order is offered and is not incomplete because of refusal to accept.
Following service at the project area, BLM will send an information copy by
certified mail to the operator or the operator's designated agent.
(b) BLM may serve a mining claimant in the same manner an operator is served
under paragraph (a)(1) of this section.
(c) The mining claimant or operator may designate an agent for service of
notifications and orders. You must provide the designation in writing to the
local BLM field office having jurisdiction over the lands involved.
§ 3809.604 What happens if I do not comply
with a BLM order?
(a) If you do not comply with a BLM order issued under §§ 3809.601
or 3809.602, the Department of the Interior may request the United States
Attorney to institute a civil action in United States District Court for an
injunction or order to enforce its order, prevent you from conducting operations
on the public lands in violation of this subpart, and collect damages resulting
from unlawful acts. This relief may be in addition to the enforcement actions
described in §§ 3809.601 and 3809.602 and the penalties described
in § 3809.700.
(b) If you fail to timely comply with a noncompliance order issued under
§ 3809.601(a), and remain in noncompliance, BLM may order you to
submit plans of operations under § 3809.401 for current and future
notice-level operations.
[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54862, Oct. 30, 2001] § 3809.605 What are prohibited acts under
this subpart?
Prohibited acts include, but are not limited to, the following:
(a) Causing any unnecessary or undue degradation;
(b) Beginning any operations, other than casual use, before you file a notice
as required by § 3809.21 or receive an approved plan of operations
as required by § 3809.412;
(c) Conducting any operations outside the scope of your notice or approved
plan of operations;
(d) Beginning operations prior to providing a financial guarantee that meets
the requirements of this subpart;
(e) Failing to meet the requirements of this subpart when you stop conducting
operations under a notice (§ 3809.334), when your notice expires (§ 3809.335),
or when you stop conducting operations under an approved plan of operations (§ 3809.424);
(f) Failing to comply with any applicable performance standards in
§ 3809.420;
(g) Failing to comply with any enforcement actions provided for in
§ 3809.601; or
(h) Abandoning any operation prior to complying with any reclamation required
by this subpart or any order provided for in § 3809.601.
Penalties § 3809.700 What criminal penalties apply to
violations of this subpart?
The criminal penalties established by statute for individuals and
organizations are as follows:
(a) Individuals. If you knowingly and willfully violate the
requirements of this subpart, you may be subject to arrest and trial under
section 303(a) of FLPMA (43 U.S.C. 1733(a)). If you are convicted, you will be
subject to a fine of not more than $100,000 or the alternative fine provided for
in the applicable provisions of 18 U.S.C. 3571, or imprisonment not to exceed 12
months, or both, for each offense; and
(b) Organizations. If an organization or corporation knowingly and
willfully violates the requirements of this subpart, it is subject to trial and,
if convicted, will be subject to a fine of not more than $200,000, or the
alternative fine provided for in the applicable provisions of 18 U.S.C. 3571.
§ 3809.701 What happens if I make false
statements to BLM?
Under Federal statute (18 U.S.C. 1001), you are subject to arrest and trial
before a United States District Court if, in any matter under this subpart, you
knowingly and willfully falsify, conceal, or cover up by any trick, scheme, or
device a material fact, or make any false, fictitious, or fraudulent statements
or representations, or make or use any false writings or document knowing the
same to contain any false, fictitious, or fraudulent statement or entry. If you
are convicted, you will be subject to a fine of not more than $250,000 or the
alternative fine provided for in the applicable provisions of 18 U.S.C. 3571 or
imprisonment for not more than 5 years, or both.
Appeals § 3809.800 Who may appeal BLM decisions
under this subpart?
(a) A party adversely affected by a decision under this subpart may ask the
State Director of the appropriate BLM State Office to review the decision.
(b) An adversely affected party may bypass State Director review and directly
appeal a BLM decision under this subpart to the Office of Hearings and Appeals
(OHA) under part 4 of this title. See § 3809.801.
§ 3809.801 When may I file an appeal of the
BLM decision with OHA?
(a) If you intend to appeal a BLM decision under this subpart, use the
following table to see when you must file a notice of appeal with OHA:
(b) In order for OHA to consider your appeal of a decision, you must file a
notice of appeal in writing with the BLM office where the decision was made.
§ 3809.802 What must I include in my appeal
to OHA?
(a) Your written appeal must contain:
(1) Your name and address; and
(2) The BLM serial number of the notice or plan of operations that is the
subject of the appeal.
(b) You must submit a statement of your reasons for the appeal and any
arguments you wish to present that would justify reversal or modification of the
decision within the time frame specified in part 4 of this chapter (usually
within 30 calendar days after filing your appeal).
§ 3809.803 Will the BLM decision go into
effect during an appeal to OHA?
All decisions under this subpart go into effect immediately and remain in
effect while appeals are pending before OHA unless OHA grants a stay under
§ 4.21(b) of this title.
§ 3809.804 When may I ask the BLM State
Director to review a BLM decision?
The State Director must receive your request for State Director review no
later than 30 calendar days after you receive or are notified of the BLM
decision you seek to have reviewed.
§ 3809.805 What must I send BLM to request
State Director review?
(a) Your request for State Director review must be a single package that
includes a brief written statement explaining why BLM should change its decision
and any documents that support your written statement. Mark your envelope
"State Director Review." You must also provide a telephone or fax
number for the State Director to contact you.
(b) When you submit your request for State Director review, you may also
request a meeting with the State Director. The State Director will notify you as
soon as possible if he or she can accommodate your meeting request.
§ 3809.806 Will the State Director review
the original BLM decision if I request State Director review?
(a) The State Director may accept your request and review a decision made
under this subpart. The State director will decide within 21 days of a timely
filed request whether to accept your request and review the original BLM
decision. If the State Director does not make a decision within 21 days on
whether to accept your request for review, you should consider your request for
State Director review declined, and you may appeal the original BLM decision to
OHA.
(b) The State Director will not begin a review and will end an ongoing review
if you or another affected party files an appeal of the original BLM decision
with OHA under section § 3809.801 before the State Director issues a
decision under this subpart, unless OHA agrees to defer consideration of the
appeal pending a State Director decision.
(c) If you file an appeal with OHA after requesting State Director review,
you must notify the State Director who, after receiving your notice, may request
OHA to defer considering the appeal.
(d) If you fail to notify the State Director of your appeal to OHA, any
decision issued by the State Director may be voided by a subsequent OHA
decision.
§ 3809.807 What happens once the State
Director agrees to my request for a review of a decision?
(a) The State Director will promptly send you a written decision, which may
be based on any of the following:
(1) The information you submit;
(2) The original BLM decision and any information BLM relied on for that
decision;
(3) Any additional information, including information obtained from your
meeting, if any, with the State Director.
(b) Any decision issued by the State Director under this subpart may affirm
the original BLM decision, reverse it completely, or modify it in part. The
State Director's decision may incorporate any part of the original BLM decision.
(c) If the original BLM decision was published in the § 3809.808 How will decisions go into
effect when I request State Director review?
(a) The original BLM decision remains in effect while State Director review
is pending, except that the State Director may stay the decision during the
pendency of his or her review.
(b) The State Director's decision will be effective immediately and remain in
effect, unless a stay is granted by OHA under § 4.21 of this title.
§ 3809.809 May I appeal a decision made by
the State Director?
(a) An adversely affected party may appeal the State Director's decision to
OHA under part 4 of this title, except that you may not appeal a denial of your
request for State Director review or a denial of your request for a meeting with
the State Director.
(b) Once the State Director issues a decision under this subpart, it replaces
the original BLM decision, which is no longer in effect, and you may appeal only
the State Director's decision.
Public Visits to Mines § 3809.900 Will BLM allow the public to
visit mines on public lands?
(a) If requested by any member of the public, BLM may sponsor and schedule a
public visit to a mine on public land once each year. The purpose of the visit
is to give the public an opportunity to view the mine site and associated
facilities. Visits will include surface areas and surface facilities ordinarily
made available to visitors on public tours. BLM will schedule visits during
normal BLM business hours at the convenience of the operator to avoid disruption
of operations.
(b) Operators must allow the visit and must not exclude persons whose
participation BLM authorizes. BLM may limit the size of a group for safety
reasons. An operator's representative must accompany the group on the visit.
Operators must make available any necessary safety training that they provide to
other visitors. BLM will provide the necessary safety equipment if the operator
is unable to do so.
(c) Members of the public must provide their own transportation to the mine
site, unless provided by BLM. Operators don't have to provide transportation
within the project area, but if they don't, they must provide access for
BLM-sponsored transportation.
------------------------------------------------------------------------
If BLM has received your complete
notice before January 20, 2001_ Then_
------------------------------------------------------------------------
(a) You are the operator You may conduct operations for 2
identified in the notice on file years after January 20, 2001 under
with BLM on January 20, 2001. the terms of your existing notice
and the regulations in effect
immediately before that date. (See
43 CFR parts 1000-end, revised as
of Oct. 1, 1999.) After 2 years,
you may extend your notice under
§ 3809.333. BLM may require a
modification under §
3809.331(a)(1). See §
3809.503 for financial guarantee
requirements applicable to
notices.
------------------------------------------------------------------------
(b) You are a new operator, that The provisions of this subpart,
is, you were not the operator including § 3809.320, govern
identified in the notice on file your operations for 2 years after
with BLM on January 20, 2001. January 20, 2001, unless you
extend your notice under §
3809.333.
------------------------------------------------------------------------
(c) You later modify your notice.. (1) You may conduct operations on
the original acreage for 2 years
after January 20, 2001 under the
terms of your existing notice and
the regulations in effect
immediately before that date (See
43 CFR parts 1000-end, revised as
of Oct. 1, 2000.) After 2 years,
you may extend your notice under
§ 3809.333. BLM may require a
modification under §
3809.331(a)(1). See §
3809.503(b) for financial
guarantee requirements applicable
to notices.
(2) Your operations on any
additional acreage come under the
provisions of this subpart,
including §§ 3809.11 and
3809.21, and may require approval
of a plan of operations before the
additional surface disturbance
may.
------------------------------------------------------------------------
(d) Your notice has expired....... You may not conduct operations
under an expired notice. You must
promptly submit either a new
notice under § 3809.301 or a
plan of operations under §
3809.401, whichever is applicable,
or immediately begin to reclaim
your project area. See
§§ 3809.11 and 3809.21.
------------------------------------------------------------------------
------------------------------------------------------------------------
If BLM reviews your notice and,
within 15 calendar days_ Then_
------------------------------------------------------------------------
(a) Notifies you that BLM needs You must not begin operations until
additional time, not to exceed 15 the additional review time period
calendar days, to complete its ends.
review.
------------------------------------------------------------------------
(b) Notifies you that you must You must not begin operations until
modify your notice to prevent you modify your notice to ensure
unnecessary or undue degradation. that your operations prevent
unnecessary or undue degradation.
------------------------------------------------------------------------
(c) Requires you to consult with You must not begin operations until
BLM about the location of existing you consult with BLM and satisfy
or proposed access routes. BLM's concerns about access.
------------------------------------------------------------------------
(d) Determines that an on-site You must not begin operations until
visit is necessary. BLM visits the site, and you
satisfy any concerns arising from
the visit. BLM will notify you if
we will not conduct the site visit
within 15 calendar days of
determining that a visit is
necessary, including the reason(s)
for the delay.
------------------------------------------------------------------------
(e) BLM determines you don't You must file a plan of operations
qualify under § 3809.11 as a before beginning operations. See
notice-level operation. §§ 3809.400 through
3809.420.
------------------------------------------------------------------------
------------------------------------------------------------------------
If_ Then_
------------------------------------------------------------------------
(1) You stop conducting operations (1) You must follow your approved
for any period of time. interim management plan submitted
under § 3809.401(b)(5); (ii)
You must submit a modification to
your interim management plan to
BLM within 30 calendar days if it
does not cover the circumstances
of your temporary closure per
§ 3809.431(a); (iii) You must
take all necessary actions to
assure that unnecessary or undue
degradation does not occur; and
(iv) You must maintain an adequate
financial guarantee.
------------------------------------------------------------------------
(2) The period of non-operation is The BLM will require you to take
likely to cause unnecessary or all necessary actions to assure
undue degradation. that unnecessary or undue
degradation does not occur,
including requiring you, after an
extended period of non-operation
for other than seasonal
operations, to remove all
structures, equipment, and other
facilities and reclaim the project
area.
------------------------------------------------------------------------
(3) Your operations are inactive BLM will review your operations and
for 5 consecutive years. determine whether BLM should
terminate your plan of operations
and direct final reclamation and
closure.
------------------------------------------------------------------------
(4) BLM determines that you BLM may initiate forfeiture under
abandoned your operations. § 3809.595. If the amount of
the financial guarantee is
inadequate to cover the costs of
reclamation, BLM may complete the
reclamation, and the operator and
all other responsible persons are
liable for the costs of such
reclamation. See §
3809.336(a) for indicators of
abandonment.
------------------------------------------------------------------------
------------------------------------------------------------------------
If you have an approved plan of
operations on January 20, 2001 Then_
------------------------------------------------------------------------
(a) New facility. You subsequently The plan contents requirements
propose to modify your plan of (§ 3809.401) and performance
operations by constructing a new standards (§ 3809.420) of
facility, such as waste rock this subpart apply to the new
repository, leach pad, facility. Those facilities and
impoundment, drill site, or road. areas not included in the
modification may continue to
operate under the terms of your
existing plan of operations.
(b) Existing facility. You The plan contents requirements
subsequently propose to modify (§ 3809.401) and performance
your plan of operations by standards (§ 3809.420) of
modifying an existing facility, this subpart apply to the modified
such as expansion of a waste rock portion of the facility, unless
repository, leach pad, or you demonstrate to BLM's
impoundment; layback of a mine satisfaction it is not practical
pit; or widening of a road. to apply them for economic
environmental, safety, or
technical reasons. If you make the
demonstration, the plan content
requirements (43 CFR 3809.1-5) and
performance standards (43 CFR
3809.1-3(d) and 3809.2-2) that
were in effect immediately before
January 20, 2001 apply to your
modified facility. (See 43 CFR
parts 1000-end, revised as of Oct.
1, 2000.)
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
If_ Then_
------------------------------------------------------------------------
(a) Your operations constitute You do not have to provide any
casual use,. financial guarantee.
------------------------------------------------------------------------
(b) You conduct operations under a You must provide BLM or the State a
notice or a plan of operations. financial guarantee that meets the
requirements of this subpart
before starting operations
operations. For more information,
see §§ 3809.551 through
under a 3809.573.
------------------------------------------------------------------------
------------------------------------------------------------------------
If_ Then_
------------------------------------------------------------------------
(a) Your notice was on file with You do not need to provide a
BLM on January 20, 2001. financial guarantee unless you
modify the notice or extend the
notice under § 3809.333.
------------------------------------------------------------------------
(b) Your notice was on file with You must provide a financial
BLM before January 20, 2001 and guarantee before you can begin
you choose to modify your notice operations under the modified
as required by this subpart on or notice. If you modify your notice,
after that date. you must post a finacial guarantee
for the entire notice.
------------------------------------------------------------------------
(c) You file a new notice on or You must provide a financial
after January 20, 2001. guarantee before you can begin
operations under the notice.
------------------------------------------------------------------------
------------------------------------------------------------------------
If_ Then_
------------------------------------------------------------------------
(a) You have only one notice or You may provide an individual
plan of operations, or wish to financial guarantee that covers
provide a financial guarantee for only the cost of reclaiming areas
a single notice or plan of disturbed under the single notice
operations. or plan of operations. See
§§ 3809.552 through
3809.556 for more information.
------------------------------------------------------------------------
(b) You are currently operating You may provide a blanket financial
under more than one notice or plan guarantee covering statewide or
of operations. nationwide operations. See §
3809.560 for more information.
------------------------------------------------------------------------
(c) You do not choose one of the You may provide evidence of an
options in paragraphs (a) and (b) existing financial guarantee under
of this section. State law or regulations. See
§§ 3809.570 through
3809.573 for more information.
------------------------------------------------------------------------
------------------------------------------------------------------------
Then if you intend
to appeal, you
If_ And_ must file a notice
of appeal with
OHA_
------------------------------------------------------------------------
(1) You do not request State .................. Within 30 calendar
Director review. days after the
date you receive
the original
decision.
(2) You request State Director The State Director On the original
review. does not accept decision within
your request for 30 calendar days
review. of the date you
receive the State
Director's
decision not to
review.
(3) You request State Director The State Director On the original
review. has accepted your decision before
request for the State
review, but has Director issues a
not made a decision.
decision on the
merits of the
appeal.
(4) You request State Director The State Director On the State
review. makes a decision Director's
on the merits of decision within
the appeal. 30 calendar days
of the date you
receive, or are
notified of, the
State Director's
decision.
------------------------------------------------------------------------
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