[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]

 

                    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.  3809.31  Are there any special situations that affect what submittals I must make before I conduct operations?



    (a) Where the cumulative effects of casual use by individuals or 

groups have resulted in, or are reasonably expected to result in, more 

than negligible disturbance, the State Director may establish specific 

areas as he/she deems necessary where any individual or group intending 

to conduct activities under the mining laws must contact BLM 15 calendar 

days before beginning activities to determine whether the individual or 

group must submit a notice or plan of operations. (See Sec.  3809.300 

through 3809.336 and Sec.  3809.400 through 3809.434.) BLM will notify 

the public via publication in the Federal Register of the boundaries of 

such specific areas, as well as through posting in each local BLM office 

having jurisdiction over the lands.

    (b) Suction dredges. (1) If your operations involve the use of a 

suction dredge, the State requires an authorization for its use, and BLM 

and the State have an agreement under Sec.  3809.200 addressing suction 

dredging, then you need not submit to BLM a notice or plan of 

operations, unless otherwise provided in the agreement between BLM and 

the State.

    (2) For all uses of a suction dredge not covered by paragraph (b)(1) 

of this section, you must contact BLM before beginning such use to 

determine whether you need to submit a notice or a plan to BLM, or 

whether your activities constitute casual use. If your proposed suction 

dredging is located within any lands or waters known to contain 

Federally proposed or listed threatened or endangered species or their 

proposed or designated critical habitat, regardless of the level of 

disturbance, you must not begin operations until BLM completes 

consultation the Endangered Species Act requires.

    (c) If your operations require you to occupy or use a site for 

activities ``reasonably incident'' to mining, as defined in Sec.  

3715.0-5 of this title, whether you are operating under a notice or a 

plan of operations, you must also comply with part 3710, subpart 3715, 

of this title.

    (d) If your operations are located on lands patented under the Stock 

Raising Homestead Act and you do not have the written consent of the 

surface owner, then you must submit a plan of operations and obtain 

BLM's approval. Where you have surface-owner consent, you do not need a 

notice or a plan of operations under this subpart. See part 3810, 

subpart 3814, of this title.

    (e) For other than Stock Raising Homestead Act lands, if your 

proposed operations are located on lands conveyed by the United States 

which contain minerals reserved to the United States, then you must 

submit a plan of operations under Sec.  3809.11 and obtain BLM's 

approval or a notice under Sec.  3809.21.



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