[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR6304.12]

[Page 899-900]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 6300--Management of Designated Wilderness Areas--Table of Contents
 
Subpart 6304--Uses Addressed in Special Provisions of the Wilderness Act
 
Sec. 6304.12  How will BLM determine the validity of unpatented mining claims or sites?

    (a) BLM will conduct a mineral examination to determine whether your 
claim or site was valid as of the date that lands within the wilderness 
area were withdrawn from appropriation under the mining laws. We also 
will determine whether your claim or site remains valid at the time of 
the examination.
    (1) If you do not have an approved plan of operations, BLM must 
complete this validity determination before approving your plan of 
operations.
    (2) If you have a plan of operations that was approved before the 
wilderness designation, BLM will determine whether operations may begin 
or continue while we conduct the validity determination.
    (b) If BLM concludes that your mining claim lacks a discovery of a 
valuable mineral deposit or your claim or site is invalid for any other 
reason, we will disapprove your application for a

[[Page 900]]

plan of operations. For an existing approved operation, BLM may issue a 
notice ordering suspension or cessation of operations. We will begin 
contest proceedings to determine the validity of your mining claim or 
site under subpart E of part 4 of this title. However, you may take 
samples and gather other evidence to confirm or corroborate mineral 
exposures that were physically disclosed on the claim before the date 
the wilderness area was withdrawn.
    (c) If the Department of the Interior issues a final administrative 
decision declaring your claim or site null and void, you must cease all 
operations and complete all reclamation required under subpart 3809 of 
this chapter and Sec. 6304.11(d) of this part.

         Other Uses Specifically Addressed by the Wilderness Act