[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 753-755]

 

                    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.  3802.3-2  Requirements for environmental protection.



    (a) Air quality. The operator shall comply with applicable Federal 

and State air quality standards, including the requirements of the Clean 

Air Act (42 U.S.C. 1857 et seq.).



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    (b) Water quality. The operator shall comply with applicable Federal 

and State water quality standards, including regulations issued pursuant 

to the Federal Water Pollution Control Act (33 U.S.C. 1151 et seq.).

    (c) Solid wastes. The operator shall comply with applicable Federal 

and State standards for the disposal and treatment of solid wastes. All 

garbage, refuse, or waste shall either be removed from the affected 

lands or disposed or treated to minimize, so far as is practicable, its 

impact on the environment and the surface resources. All tailings, waste 

rock, trash, deleterious materials of substances and other waste 

produced by operations shall be deployed, arranged, disposed or treated 

to minimize adverse impact upon the environment, surface and subsurface 

resources.

    (d) Visual resources. The operator shall, to the extent practicable, 

harmonize operations with the visual resources, identified by the 

authorized officer, through such measures as the design, location of 

operating facilities and improvements to blend with the landscape.

    (e) Fisheries, wildlife and plant habitat. The operator shall take 

such action as may be needed to minimize or prevent adverse impact upon 

plants, fish, and wildlife, including threatened or endangered species, 

and their habitat which may be affected by the operations.

    (f) Cultural and paleontological resources. (1) The operator shall 

not knowingly disturb, alter, injure, destroy or take any scientifically 

important paleontological remains or any historical, archaeological, or 

cultural district, site, structure, building or object.

    (2) The operator shall immediately bring to the attention of the 

authorized officer any such cultural and/or paleontological resources 

that might be altered or destroyed by his operation, and shall leave 

such discovery intact until told to proceed by the authorized officer. 

The authorized officer shall evaluate the discoveries brought to his 

attention, and determine within 10 working days what action shall be 

taken with respect to such discoveries.

    (3) The responsibility and the cost of investigations and salvage of 

such values discovered during approved operations shall be the Federal 

Goverment's.

    (g) Access routes. No new access routes that would cause more than 

temporary impact and therefore would impair wilderness suitability shall 

be constructed in a wilderness study area. Temporary access routes that 

are constructed by the operator shall be constructed and maintained to 

assure adequate drainage and to control or prevent damage to soil, 

water, and other resource values. Unless otherwise approved by the 

authorized officer, roads no longer needed for operations shall be 

closed to normal vehicular traffic; bridges and culverts shall be 

removed; cross drains, dips, or water bars shall be constructed, and the 

road surface shall be shaped to as near a natural contour as 

practicable, be stabilized and revegetated as required in the plan of 

operations.

    (h) Reclamation. (1) The operator shall perform reclamation of those 

lands disturbed or affected by the mining operation conducted by the 

operator under an approved plan of operations containing reclamation 

measures stipulated by the authorized officer as contemporaneously as 

feasible with operations. The disturbance or effect on mined land shall 

not include that caused by separate operations in areas abandoned before 

the effective date of these regulations.

    (2) An operator may propose and submit with his plan of operations 

measures for reclamation of the affected area.

    (i) Protection of survey monuments. The operator shall, to the 

extent practicable and consistent with the operation, protect all survey 

monuments, witness corners, reference monuments, bearing trees and line 

trees against destruction, obliteration, or damage from the approved 

operations. 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 

requirement for the restoration or reestablishment of



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monuments, corners, bearing trees, and line trees.