[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR3800]



[Page 749]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 3800_MINING CLAIMS UNDER THE GENERAL MINING LAWS--Table of Contents

 

     Subpart 3802_Exploration and Mining, Wilderness Review Program

 

Sec.  3802.0-6  Policy.



    Under the 1872 Mining Law (30 U.S.C. 22 et seq.), a person has a 

statutory right consistent with other laws and Departmental regulations, 

to go upon the open (unappropriated and unreserved) public lands for the 

purpose of mineral prospecting, exploration, development, and 

extraction. The Federal Land Policy and management Act requires the 

Secretary to regulate mining operations in lands under wilderness review 

to prevent impairment of the suitability of these areas for inclusion in 

the wilderness system. However, mining operations occurring in the same 

manner and degree that were being conducted on October 21, 1976, may 

continue, even if they are determined to be impairing. Mining activities 

not exceeding manner and degree shall be regulated only to prevent undue 

and unnecessary degradation of public lands.