[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 752]

 

                    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.  3802.1-6  Modification of plan.



    (a) If the development of a plan for an entire operation is not 

possible, the operator shall file an initial plan setting forth this 

proposed operation to the degree reasonably foreseeable at that time. 

Thereafter, the operator shall file a supplemental plan or plans prior 

to undertaking any operations not covered by the initial plan.

    (b) At any time during operations under an approved plan of 

operations, the authorized officer or the operator may initiate a 

modification of the plan detailing any necessary changes that were 

unforeseen at the time of filing of the plan of operations. If the 

operator does not furnish a proposed modification within a time 

considered reasonable by the authorized officer, the authorized officer 

may recommend to the State Director that the operator be required to 

submit a proposed modification of the plan. The recommendation of the 

authorized officer shall be accompanied by a statement setting forth the 

supporting facts and reasons for his recommendations. In acting upon 

such recommendation, except in the case of a modification under Sec.  

3802.1-5(e) of this title, the State Director shall determine (1) 

whether all reasonable measures were taken by the authorized officer to 

predict the environmental impacts of the proposed operations; (2) 

whether the disturbance is or may become of such significance as to 

require modification of the plan of operations in order to meet the 

requirement for environmental protection specified in Sec.  3802.3-2 of 

this title, and (3) whether the disturbance can be minimized using 

reasonable means. Lacking such a determination by the State Director, an 

operator is not required to submit a proposed modification of an 

approved plan of operations. Operations may continue in accordance with 

the approved plan of operations until a modified plan is approved, 

unless the State Director determines that the operations are causing 

impairment or unnecessary or undue degradation to surface resources. He 

shall advise the operator of those measures needed to avoid such damage 

and the operator shall immediately take all necessary steps to implement 

measures recommended by the State Director.

    (c) A supplemental plan of operations or a modification of an 

approved plan of operations shall be approved by the authorized officer 

in the same manner as the initial plan of operations.