[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 760-761]

 

                    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 3809_Surface Management

 

Sec.  3809.100  What special provisions apply to operations on segregated or withdrawn lands?



    (a) Mineral examination report. After the date on which the lands 

are withdrawn from appropriation under the mining laws, BLM will not 

approve a plan of operations or allow notice-level operations to proceed 

until BLM has prepared a mineral examination report to determine whether 

the mining claim was valid before the withdrawal, and whether it remains 

valid. BLM may require preparation of a mineral examination report 

before approving a plan of operations or allowing notice-level 

operations to proceed on segregated lands. If the report concludes that 

the mining claim is invalid, BLM will not approve operations or allow 

notice-level operations on the mining claim. BLM will also promptly 

initiate contest proceedings.



[[Page 761]]



    (b) Allowable operations. If BLM has not completed the mineral 

examination report under paragraph (a) of this section, if the mineral 

examination report for proposed operations concludes that a mining claim 

is invalid, or if there is a pending contest proceeding for the mining 

claim,

    (1) BLM may--

    (i) Approve a plan of operations for the disputed mining claim 

proposing operations that are limited to taking samples to confirm or 

corroborate mineral exposures that are physically disclosed and existing 

on the mining claim before the segregation or withdrawal date, whichever 

is earlier; and

    (ii) Approve a plan of operations for the operator to perform the 

minimum necessary annual assessment work under Sec.  3851.1 of this 

title; or

    (2) A person may only conduct exploration under a notice that is 

limited to taking samples to confirm or corroborate mineral exposures 

that are physically disclosed and existing on the mining claim before 

the segregation or withdrawal date, whichever is earlier.

    (c) Time limits. While BLM prepares a mineral examination report 

under paragraph (a) of this section, it may suspend the time limit for 

responding to a notice or acting on a plan of operations. See Sec.  Sec.  

3809.311 and 3809.411, respectively.

    (d) Final decision. If a final departmental decision declares a 

mining claim to be null and void, the operator must cease all 

operations, except required reclamation.