[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR23.2]

[Page 437]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 23--SURFACE EXPLORATION, MINING AND RECLAMATION OF LANDS--Table of Contents
 
Sec. 23.2  Scope.

    (a) Except as provided in paragraph (b) of this section, the 
regulations in this part provide for the protection and conservation of 
nonmineral resources during operations for the discovery, development, 
surface mining, and onsite processing of minerals under permits, leases, 
or contracts issued pursuant to: The Mineral Leasing Act of February 25, 
1920, as amended (30 U.S.C. 181-287); the Mineral Leasing Act for 
Acquired Lands (30 U.S.C. 251-359); and title 23, United States Code, 
section 317, relating to appropriation for highway purposes of lands 
owned by the United States.
    (b) The regulations in this part do not cover the exploration for 
oil and gas or the issuance of leases, or operations thereunder, for oil 
and gas under the mineral leasing acts, which are covered by regulations 
in subpart 3107 and part 3120 of this title and 30 CFR part 221; neither 
do they cover minerals underlying Indian tribal or allotted lanes, which 
are subject to regulations in title 25 CFR, nor minerals subject to the 
general mining laws (30 U.S.C. 21 through 54); nor minerals under the 
Materials Act; nor minerals underlying lands, the surface of which is 
not owned by the U.S. Government; nor minerals or operations subject to 
the provisions of 43 CFR subpart 3041.

    Note: See Redesignation Table 2 of 43 CFR part 4000 to End, for 
appropriate sections of former subpart 3107 and part 3120 referred to in 
the above paragraph (b).

    (c) The regulations in this part shall apply only to permits, 
leases, or contracts issued subsequent to the date on which the 
regulations become effective.

[34 FR 852, Jan. 18, 1969, as amended at 37 FR 12801, June 29, 1972; 41 
FR 20273, May 17, 1976; 48 FR 27016, June 10, 1983]

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