[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 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.  3802.4-1  Noncompliance.



    (a) An operator who conducts mining operations undertaken either 

without an approved plan of operations or without taking actions 

specified in a notice of noncompliance within the time specified therein 

may be enjoined by an appropriate court order from continuing such 

operations and be liable for damages for such unlawful acts.

    (b) Whenever the authorized officer determines that an operator is 

failing or has failed to comply with the requirements of an approved 

plan of operations, or with the provisions of these regulations and that 

noncompliance is causing impairment of wilderness suitability or 

unnecessary and undue degradation of the resources of the lands 

involved, the authorized officer shall serve a notice of noncompliance 

upon the operator by delivery in person to the operator or the 

operator's authorized agent, or by certified mail addressed to the 

operator's last known address.

    (c) A notice of noncompliance shall specify in what respects the 

operator is failing or has failed to comply with the requirements of the 

plan of operations of the provisions of applicable regulations, and 

shall specify the actions which are in violation of the plan or 

regulations and the actions which shall be taken to correct the 

noncompliance and the time limits, not to exceed 30 days, within which 

corrective action shall be taken.