[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 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.  3809.101  What special provisions apply to minerals that may be common variety minerals, such as sand, gravel, and building stone?



    (a) Mineral examination report. On mining claims located on or after 

July 23, 1955, you must not initiate operations for minerals that may be 

``common variety'' minerals, as defined in Sec.  3711.1(b) of this 

title, until BLM has prepared a mineral examination report, except as 

provided in paragraph (b) of this section.

    (b) Interim authorization. Until the mineral examination report 

described in paragraph (a) of this section is prepared, BLM will allow 

notice-level operations or approve a plan of operations for the disputed 

mining claim for--

    (1) Operations limited to taking samples to confirm or corroborate 

mineral exposures that are physically disclosed and existing on the 

mining claim;

    (2) Performance of the minimum necessary annual assessment work 

under Sec.  3851.1 of this title; or

    (3) Operations to remove possible common variety minerals if you 

establish an escrow account in a form acceptable to BLM. You must make 

regular payments to the escrow account for the appraised value of 

possible common variety minerals removed under a payment schedule 

approved by BLM. The funds in the escrow account must not be disbursed 

to the operator or to the U.S. Treasury until a final determination of 

whether the mineral is a common variety and therefore salable under part 

3600 of this title.

    (c) Determination of common variety. If the mineral examination 

report under paragraph (a) of this section concludes that the minerals 

are common variety minerals, you may either relinquish your mining 

claim(s) or BLM will initiate contest proceedings. Upon relinquishment 

or final departmental determination that the mining claim(s) is null and 

void, you must promptly close and reclaim your operations unless you are 

authorized to proceed under parts 3600 and 3610 of this title.

    (d) Disposal. BLM may dispose of common variety minerals from 

unpatented mining claims in accordance with the provisions of Sec.  

3601.14 of this chapter.



[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 58910, Nov. 23, 2001]