[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 762]

 

                    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.  3809.201  What should these agreements address?



    (a) The agreements should provide for maximum possible coordination 

with the State to avoid duplication and to ensure that operators prevent 

unnecessary or undue degradation of public lands. Agreements should 

cover any or all sections of this subpart and should consider, at a 

minimum, common approaches to review of plans of operations, including 

effective cooperation regarding the National Environmental Policy Act; 

performance standards; interim management of temporary closure; 

financial guarantees; inspections; and enforcement actions, including 

referrals to enforcement authorities. BLM and the State should also 

include provisions for the regular review or audit of these agreements.

    (b) To satisfy the requirements of Sec.  3809.31(b), if BLM and the 

State elect to address suction dredge activities in the agreement, the 

agreement must require a State to notify BLM of each application to 

conduct suction dredge activities within 15 calendar days of receipt of 

the application by the State. BLM will inform the State whether 

Federally proposed or listed threatened or endangered species or their 

proposed or designated critical habitat may be affected by the proposed 

activities and any necessary mitigating measures. Operations must not 

begin until BLM completes consultation or conferencing under the 

Endangered Species Act.



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