[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 763-764]

 

                    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.  3809.203  What are the limitations on BLM deferral to State regulation of operations?



    Any agreement between BLM and a State in which BLM defers to State 

regulation of some or all operations on public lands is subject to the 

following limitations:

    (a) Plans of Operations. BLM must concur with each State decision 

approving a plan of operations to assure compliance with this subpart, 

and BLM retains responsibility for compliance with the National 

Environmental Policy Act (NEPA). The State and BLM may decide who will 

be the lead agency in the plan review process, including preparation of 

NEPA documents.

    (b) Federal land-use planning and other Federal laws. BLM will 

continue to be responsible for all land-use planning on public lands and 

for implementing other Federal laws relating to the public lands for 

which BLM is responsible.

    (c) Federal enforcement. BLM may take any authorized action to 

enforce the requirements of this subpart or any term, condition, or 

limitation of a notice or an approved plan of operations. BLM may take 

this action regardless of the nature of its agreement with a State, or 

actions taken by a State.

    (d) Financial guarantee. The amount of the financial guarantee must 

be calculated based on the completion of both Federal and State 

reclamation requirements, but may be held as one instrument. If the 

financial guarantee is held as one instrument, it must be redeemable by 

both the Secretary and



[[Page 764]]



the State. BLM must concur in the approval, release, or forfeiture of a 

financial guarantee for public lands.

    (e) State performance. If BLM determines that a State is not in 

compliance with all or part of its Federal/State agreement, BLM will 

notify the State and provide a reasonable time for the State to comply.

    (f) Termination. (1) If a State does not comply after being notified 

under paragraph (e) of this section, BLM will take appropriate action, 

which may include termination of all or part of the agreement.

    (2) A State may terminate its agreement by notifying BLM 60 calendar 

days in advance.