[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 756-757]

 

                    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.  3809.2  What is the scope of this subpart?



    (a) This subpart applies to all operations authorized by the mining 

laws



[[Page 757]]



on public lands where the mineral interest is reserved to the United 

States, including Stock Raising Homestead lands as provided in Sec.  

3809.31(d) and (e). When public lands are sold or exchanged under 43 

U.S.C. 682(b) (Small Tracts Act), 43 U.S.C. 869 (Recreation and Public 

Purposes Act), 43 U.S.C. 1713 (sales) or 43 U.S.C. 1716 (exchanges), 

minerals reserved to the United States continue to be removed from the 

operation of the mining laws unless a subsequent land-use planning 

decision expressly restores the land to mineral entry, and BLM publishes 

a notice to inform the public.

    (b) This subpart does not apply to lands in the National Park 

System, National Forest System, and the National Wildlife Refuge System; 

acquired lands; or lands administered by BLM that are under wilderness 

review, which are subject to subpart 3802 of this part.

    (c) This subpart applies to all patents issued after October 21, 

1976 for mining claims in the California Desert Conservation Area, 

except for any patent for which a right to the patent vested before that 

date.

    (d) This subpart does not apply to private land except as provided 

in paragraphs (a) and (c) of this section. For purposes of analysis 

under the National Environmental Policy Act of 1969, BLM may collect 

information about private land that is near to, or may be affected by, 

operations authorized under this subpart.

    (e) This subpart applies to operations that involve locatable 

minerals, including metallic minerals; some industrial minerals, such as 

gypsum; and a number of other non-metallic minerals that have a unique 

property which gives the deposit a distinct and special value. This 

subpart does not apply to leasable and salable minerals. Leasable 

minerals, such as coal, phosphate, sodium, and potassium; and salable 

minerals, such as common varieties of sand, gravel, stone, and pumice, 

are not subject to location under the mining laws. Parts 3400, 3500 and 

3600 of this title govern mining operations for leasable and salable 

minerals.



[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54860, Oct. 30, 2001]