[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 757-759]

 

                    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.  3809.5  How does BLM define certain terms used in this subpart?



    As used in this subpart, the term:

    Casual use means activities ordinarily resulting in no or negligible 

disturbance of the public lands or resources. For example--

    (1) Casual use generally includes the collection of geochemical, 

rock, soil, or mineral specimens using hand tools; hand panning; or non-

motorized sluicing. It may include use of small portable suction 

dredges. It also generally includes use of metal detectors, gold spears 

and other battery-operated devices for sensing the presence of minerals, 

and hand and battery-operated drywashers. Operators may use motorized 

vehicles for casual use activities provided the use is consistent with 

the regulations governing such use (part 8340 of this title), off-road 

vehicle use designations contained in BLM land-use plans, and the terms 

of temporary closures ordered by BLM.

    (2) Casual use does not include use of mechanized earth-moving 

equipment, truck-mounted drilling equipment, motorized vehicles in areas 

when designated as closed to ``off-road vehicles'' as defined in Sec.  

8340.0-5 of this title, chemicals, or explosives. It also does not 

include ``occupancy'' as defined in Sec.  3715.0-5 of this title or 

operations in areas where the cumulative effects of the activities 

result in more than negligible disturbance.

    Exploration means creating surface disturbance greater than casual 

use that includes sampling, drilling, or developing surface or 

underground workings to evaluate the type, extent, quantity, or quality 

of mineral values present. Exploration does not include activities where 

material is extracted for commercial use or sale.



[[Page 758]]



    Minimize means to reduce the adverse impact of an operation to the 

lowest practical level. During review of operations, BLM may determine 

that it is practical to avoid or eliminate particular impacts.

    Mining claim means any unpatented mining claim, millsite, or tunnel 

site located under the mining laws. The term also applies to those 

mining claims and millsites located in the California Desert 

Conservation Area that were patented after the enactment of the Federal 

Land Policy and Management Act of October 21, 1976. Mining ``claimant'' 

is defined in Sec.  3833.0-5 of this title.

    Mining laws means the Lode Law of July 26, 1866, as amended (14 

Stat. 251); the Placer Law of July 9, 1870, as amended (16 Stat. 217); 

and the Mining Law of May 10, 1872, as amended (17 Stat. 91); as well as 

all laws supplementing and amending those laws, including the Building 

Stone Act of August 4, 1892, as amended (27 Stat. 348); the Saline 

Placer Act of January 31, 1901 (31 Stat. 745); the Surface Resources Act 

of 1955 (30 U.S.C. 611-614); and the Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1701 et seq.).

    Mitigation, as defined in 40 CFR 1508.20, may include one or more of 

the following:

    (1) Avoiding the impact altogether by not taking a certain action or 

parts of an action;

    (2) Minimizing impacts by limiting the degree or magnitude of the 

action and its implementation;

    (3) Rectifying the impact by repairing, rehabilitating, or restoring 

the affected environment;

    (4) Reducing or eliminating the impact over time by preservation and 

maintenance operations during the life of the action; and

    (5) Compensating for the impact by replacing, or providing 

substitute, resources or environments.

    Operations means all functions, work, facilities, and activities on 

public lands in connection with prospecting, exploration, discovery and 

assessment work, development, extraction, and processing of mineral 

deposits locatable under the mining laws; reclamation of disturbed 

areas; and all other reasonably incident uses, whether on a mining claim 

or not, including the construction of roads, transmission lines, 

pipelines, and other means of access across public lands for support 

facilities.

    Operator means a person conducting or proposing to conduct 

operations.

    Person means any individual, firm, corporation, association, 

partnership, trust, consortium, joint venture, or any other entity 

conducting operations on public lands.

    Project area means the area of land upon which the operator conducts 

operations, including the area required for construction or maintenance 

of roads, transmission lines, pipelines, or other means of access by the 

operator.

    Public lands, as defined in 43 U.S.C. 1702, means any land and 

interest in land owned by the United States within the several States 

and administered by the Secretary of the Interior through the BLM, 

without regard to how the United States acquired ownership, except--

    (1) Lands located on the Outer Continental Shelf; and

    (2) Lands held for the benefit of Indians, Aleuts, and Eskimos.

    Reclamation means taking measures required by this subpart following 

disturbance of public lands caused by operations to meet applicable 

performance standards and achieve conditions required by BLM at the 

conclusion of operations. For a definition of ``reclamation'' applicable 

to operations conducted under the mining laws on Stock Raising Homestead 

Act lands, see part 3810, subpart 3814 of this title. Components of 

reclamation include, where applicable:

    (1) Isolation, control, or removal of acid-forming, toxic, or 

deleterious substances;

    (2) Regrading and reshaping to conform with adjacent landforms, 

facilitate revegetation, control drainage, and minimize erosion;

    (3) Rehabilitation of fisheries or wildlife habitat;

    (4) Placement of growth medium and establishment of self-sustaining 

revegetation;

    (5) Removal or stabilization of buildings, structures, or other 

support facilities;



[[Page 759]]



    (6) Plugging of drill holes and closure of underground workings; and

    (7) Providing for post-mining monitoring, maintenance, or treatment.

    Riparian area is a form of wetland transition between permanently 

saturated wetlands and upland areas. These areas exhibit vegetation or 

physical characteristics reflective of permanent surface or subsurface 

water influence. Typical riparian areas include lands along, adjacent 

to, or contiguous with perennially and intermittently flowing rivers and 

streams, glacial potholes, and the shores of lakes and reservoirs with 

stable water levels. Excluded are areas such as ephemeral streams or 

washes that do not exhibit the presence of vegetation dependent upon 

free water in the soil.

    Tribe means, and Tribal refers to, a Federally recognized Indian 

tribe.

    Unnecessary or undue degradation means conditions, activities, or 

practices that:

    (1) Fail to comply with one or more of the following: the 

performance standards in Sec.  3809.420, the terms and conditions of an 

approved plan of operations, operations described in a complete notice, 

and other Federal and state laws related to environmental protection and 

protection of cultural resources;

    (2) Are not ``reasonably incident'' to prospecting, mining, or 

processing operations as defined in Sec.  3715. 0-5 of this chapter; or

    (3) Fail to attain a stated level of protection or reclamation 

required by specific laws in areas such as the California Desert 

Conservation Area, Wild and Scenic Rivers, BLM-administered portions of 

the National Wilderness System, and BLM-administered National Monuments 

and National Conservation Areas.



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