43
Public Lands: Interior
2
2013-10-01
2013-10-01
false

Prospecting Permits
3505

Subpart 3505
Public Lands: Interior
Regulations Relating to Public Lands (Continued)
BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
MINERALS MANAGEMENT (3000)
LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE

Subpart 3505—Prospecting Permits
§ 3505.10
What is a prospecting permit?
(a) A prospecting permit gives you the exclusive right to prospect on and explore lands available for leasing under this part to determine if a valuable deposit exists of:
(1) Phosphate;
(2) Sodium;
(3) Potassium;
(4) Sulphur;
(5) Gilsonite; or
(6) A hardrock mineral.
(b) Prospecting permits are not available for asphalt.
(c) You may remove only material needed to demonstrate the existence of a valuable mineral deposit.
§ 3505.11
Do I need a prospecting permit to collect mineral specimens for non-commercial purposes?
No. You may collect mineral specimens for hobby, recreation, scientific, research or similar purposes without a prospecting permit. However, the surface management agency may require a use permit. BLM's regulations for collecting mineral specimens are at part 8365 of this title.

Applying for Prospecting Permits
§ 3505.12
How do I obtain a prospecting permit?
Deliver 3 copies of the BLM application form to the BLM office with jurisdiction over the lands you are interested in. Include the first year's rental with your application. You will also be charged a processing fee, which BLM will determine on a case-by-case basis as described in § 3000.11 of this chapter. For more information on fees and rentals, see subpart 3504 of this part.
[70 FR 58877, Oct. 7, 2005]
§ 3505.13
What must my application include?
Your application must be legible and dated. It must contain your or your agent's original signature. It must also include:
(a) Your name and address;
(b) A statement of your qualifications and holdings (see subpart 3502 of this part);
(c) A complete and accurate land description (see subpart 3503 of this part);
(d) Three copies of any maps needed to accompany the description; and
(e) The name of all the commodities for which you are applying.
§ 3505.15
Is there an acreage limit for my application?
The acreage in your application must not exceed the maximum allowed for the permit. See § 3503.37 of this part for the acreage limits applicable for the different minerals. BLM will not issue a permit if it causes you to exceed the limits shown in the table in that section.
§ 3505.25
How does BLM prioritize applications for prospecting permits?
BLM will prioritize applications based on the time of filing. If more than one application is filed at the same time for the same commodity on the same lands, we will hold a public drawing in accordance with subpart 1821 of this title to determine priority.
§ 3505.30
May I amend or change my application after I file it?
Yes. However, if your amendment adds lands, we will assign priority to those added lands from the date you filed the amended application. You must include the rental for any added lands and the processing fee for prospecting permit application amendments found in the fee schedule in § 3000.12 of this chapter with your amended application.
[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58877, Oct. 7, 2005]
§ 3505.31
May I withdraw my application after I file it?
Yes. Just send us a written request. If you withdraw your application in whole or in part before BLM signs the permit, we will refund the corresponding proportionate share of your rental payment. BLM will retain any fees already paid for processing the application.
[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58877, Oct. 7, 2005]
§ 3505.40
After submitting my application, do I need to submit anything else?
Yes. After we initially review your permit application, but before we issue the prospecting permit, we will require you to submit three copies of an exploration plan under § 3505.45 of this part. You must also submit a bond. See 43 CFR part 3504, especially 43 CFR 3504.50, for information on bonds.
§ 3505.45
What is an exploration plan?
An exploration plan shows how you intend to determine the existence and workability of a valuable deposit. Your exploration plan must include as much of the following information as possible:
(a) The names, addresses and telephone numbers of persons responsible for operations under your plan and to whom BLM will deliver notices and orders;
(b) A brief description of the environment your plan may affect. Focus on the affected geologic, water and other physical factors, and the distribution and abundance of vegetation and habitat of fish and wildlife, particularly threatened and endangered species. Include maps with your descriptions, and discuss the present land use in and adjacent to the area;
(c) A narrative description showing:
(1) The method of exploration and types of equipment you will use;
(2) The measures you will take to prevent or control fire, soil erosion, pollution of surface and ground water, pollution of air, damage to fish and wildlife or their habitat, damage to other natural resources, and hazards to public health and safety, including specific actions necessary to meet all applicable laws and regulations;
(3) The method for plugging drill holes; and
(4) The measures you will take to reclaim the land, including:
(i) A reclamation schedule;
(ii) The method of grading, backfilling, soil stabilization, compacting and contouring;
(iii) The method of soil preparation and fertilizer application;
(iv) The type and mixture of shrubs, trees, grasses, forbs or other vegetation you will plant; and
(v) The method of planting, including approximate quantity and spacing;
(d) The estimated timetable for each phase of the work and for final completion of the program;
(e) Suitable topographic maps or aerial photographs showing existing bodies of surface water, topographic, cultural and drainage features, and the proposed location of drill holes, trenches and roads; and
(f) Any other data which BLM may require.
§ 3505.50
How will I know if BLM has approved or rejected my application?
(a) BLM will review your application to determine compliance with land use plans, environmental requirements, unsuitability criteria and whether the lands are within a known leasing area. BLM's decision whether to approve your application is at BLM's complete discretion. If we approve your application, we will issue your permit. If we reject your application, we will mail you a written decision. This notice will:
(1) Detail the reasons why we rejected your application;
(2) Identify any items you will need to correct in your application; and
(3) Tell you how you may appeal an adverse decision.
(b) If we do not accept your application, we will refund your rental payment. We will retain any fees already paid for processing the application.
[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58877, Oct. 7, 2005]

Prospecting Permit Terms and Conditions
§ 3505.55
What are my obligations to BLM under an approved prospecting permit?
You must:
(a) Pay your annual rental in a timely fashion. See §§ 3504.15 and 3504.16 of this part;
(b) Comply with all permit terms and stipulations the surface management agency attached to the permit;
(c) Conduct only those exploration activities approved as part of your existing exploration plan; and
(d) Discontinue activities following expiration of the initial term unless and until BLM extends your permit.
§ 3505.60
How long is my prospecting permit in effect?
Your prospecting permit will be effective for an initial term of 2 years.
§ 3505.61
May BLM extend the term of my prospecting permit?
We may extend prospecting permits for phosphate and hardrock minerals for up to an additional 4 years, and for potassium and gilsonite for up to an additional 2 years. We cannot extend sodium and sulphur prospecting permits.
§ 3505.62
Under what conditions will BLM extend my prospecting permit?
You must prove that:
(a) You explored with reasonable diligence and were unable to determine the existence and workability of a valuable deposit covered by the permit. Reasonable diligence means that, in BLM's opinion, you drilled a sufficient number of holes or performed other comparable prospecting to explore the permit area within the time allowed; or
(b) Your failure to perform diligent prospecting activities was due to conditions beyond your control.
§ 3505.64
How do I apply for an extension?
There is no application form. Just send us a written request with the information in § 3505.65 of this part at least 90 days before your permit expires. Include the processing fee for extensions of prospecting permits found in the fee schedule in § 3000.12 of this chapter and the first year's rental in accordance with §§ 3504.10, 3504.15, and 3504.16 of this part.
[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58877, Oct. 7, 2005]
§ 3505.65
What information must I include in my extension request?
Your request must:
(a) Show that you have met the conditions for extension in § 3505.62;
(b) Describe your previous diligent prospecting activities on the permit; and
(c) Show how much additional time you need to complete prospecting work.
§ 3505.66
If approved, when is my extension effective?
Your permit extension will become effective on the date we approve it, or on the expiration date of the original permit, if this date is later.
§ 3505.70
May I relinquish my prospecting permit?
Yes. You may relinquish the entire prospecting permit or any legal subdivision of it. A partial relinquishment must clearly describe the exact acreage you want to relinquish. BLM will not accept a relinquishment if you are not in compliance with the requirements of your permit. Once we accept the request, your relinquishment is effective as of the date you filed it with BLM. We will then note the relinquishment on the land status records. We may then open the lands to any new applications. If you relinquish part or all of your permit, you lose any right to any preference right lease to the lands covered by the relinquishment.
§ 3505.75
What happens if I fail to pay the rental?
Your prospecting permit will automatically terminate if you do not pay the rental before the anniversary date of the permit. We will note your permit termination on the official status records.
§ 3505.80
What happens when my permit expires?
Your permit will expire at the end of its initial or extended term, as applicable, without notice. BLM may open the lands to new applications 60 days after your permit expires. However, if you timely filed for an extension under § 3505.64 of this part, the 60 day period would begin to run on the date BLM denies your extension request. If you timely filed for a preference right lease under § 3507.15 of this part, the 60 day period only would begin to run on the date BLM denies your lease application.
§ 3505.85
May BLM cancel my prospecting permit for reasons other than failure to pay rental?
Yes.
(a) We may cancel your permit if you do not comply with the Mineral Leasing Act, any of the other acts applicable to your specific permit, these regulations, or any of the permit terms or stipulations. We will give you 30 days notice, within which you must correct your default. If your default continues, BLM may cancel your permit.
(b) If we waive one cause for cancellation, we may still cancel your permit for another cause, or for the same cause occurring at another time. Unless you file an appeal, we will note your permit cancellation on the land status records. BLM may use your bond to reclaim the land or correct other deficiencies if we cancel your permit.