[Federal Register Volume 66, Number 57 (Friday, March 23, 2001)]
[Proposed Rules]
[Pages 16162-16171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7071]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 2090, 2200, 2710, 2740, 3800 and 9260

[WO-300-1990-00]
RIN 1004-AD22


Mining Claims Under the General Mining Laws; Surface Management

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule; proposed suspension of rules.

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SUMMARY: The Bureau of Land Management (BLM) proposes to suspend final 
regulations published on November 21, 2000, that amended the rules 
governing mining operations involving metallic and some other minerals 
on public lands. A suspension would provide the BLM an opportunity to 
review some of the new requirements in light of issues plaintiffs raise 
in four lawsuits challenging the rules and in light of issues the 
Governor of Nevada and others have raised since the final rules were 
published. BLM has concerns about substantial policy and legal issues 
raised in the lawsuits and wants to resolve such concerns before 
implementing a new regulatory program. To avoid a regulatory vacuum 
that would result from a suspension, BLM proposes to republish and 
reinstate as a final rule the rules that were in place on January 19, 
2001, the day before the revised rules became effective.

DATES: You must submit your comments to BLM at the appropriate address 
below on or before May 7, 2001. BLM will not necessarily consider any 
comments received after the above date in making its decisions on the 
final rule.

ADDRESSES:
Mail: Director (630), Bureau of Land Management, Administrative Record, 
Room 401 LS, 1849 C Street, NW, Washington, DC 20240.
Personal or messenger delivery: Room 401, 1620 L Street, NW, 
Washington, DC 20036.
Internet e-mail: [email protected]. (Include ``Attn: AD22'').

FOR FURTHER INFORMATION CONTACT: Michael H. Schwartz, at 202-452-5198. 
Persons who use a telecommunications device for the deaf (TDD) may call 
the Federal Information Relay Service (FIRS) at 1-800-877-8339, 24 
hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION:

I. Comment Procedures
II. Background and Proposed Action
III. Procedural Matters

I. Comment Procedures

A. How Do I Comment on the Proposed Rule?

    If you wish to comment, you may submit your comments by any one of 
several methods. You may mail comments to Director (630), Bureau of 
Land Management, Administrative Record, Room 401 LS, 1849 C Street, NW, 
Washington, DC 20240.
    You may deliver comments to Room 401, 1620 L Street, NW, 
Washington, DC 20036.
    You may also comment via the Internet to [email protected].

[[Page 16163]]

Please submit Internet comments as an ASCII file avoiding the use of 
special characters and any form of encryption. Please also include 
Attn: ``AD22'' and your name and return address in your Internet 
message. If you do not receive a confirmation that we have received 
your Internet message, contact us directly at (202) 452-5030.
    Please make your written comments on the proposed rule as specific 
as possible, confine them to issues pertinent to the proposed rule, and 
explain the reason for any changes you recommend. Where possible, your 
comments should reference the specific section or paragraph of the 
proposal that you are addressing. BLM will consider comments you 
submitted during the 1999 and 2000 comment periods on the earlier 
rulemaking if you identify such comments and ask us to consider them.
    BLM may not necessarily consider or include in the Administrative 
Record for the final rule comments that BLM receives after the close of 
the comment period (see DATES) or comments delivered to an address 
other than those listed above (see ADDRESSES).

B. May I Review Comments Submitted by Others?

    Comments, including names and street addresses of respondents, will 
be available for public review at the address listed under ADDRESSES: 
Personal or messenger delivery'' during regular business hours (7:45 
a.m. to 4:15 p.m.), Monday through Friday, except holidays. Individual 
respondents may request confidentiality, which we will honor to the 
extent allowable by law. If you wish to withhold your name or address, 
except for the city or town, you must state this prominently at the 
beginning of your comment. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public inspection in their entirety.

II. Background and Proposed Action

    On November 21, 2000, BLM published final regulations revising 
title 43 of the Code of Federal Regulations (43 CFR) subpart 3809 and 
related sections governing hardrock mining on the public lands (the 
``revised 3809 rules''). See 65 FR 69998. BLM completed a final 
environmental impact statement one month earlier. The revised 3809 
rules completely replaced the previous version of 43 CFR subpart 3809 
(1999) that, for the most part, were issued in 1980. See 45 Fed. Reg. 
78902-78915 (November 26, 1980). The revised 3809 rules were the last 
step of a rulemaking which, among other things, relied upon a 
congressionally mandated report by the National Research Council, 
entitled Hardrock Mining on Federal Lands. Congress also directed BLM 
as to how to conduct the rulemaking and what provisions BLM could 
include in a final rule. In particular, Congress provided express 
guidance to BLM in the FY 2000 and FY 2001 Interior Appropriations 
bills as follows:

    None of the funds in this Act or any other Act shall be used by 
the Secretary of the Interior to promulgate final rules to revise 43 
CFR subpart 3809, except that the Secretary, following the public 
comment period required by section 3002 of Public Law 106-31, may 
issue final rules to amend 43 CFR Subpart 3809 which are not 
inconsistent with the recommendations contained in the National 
Research Council report entitled ``Hardrock Mining on Federal 
Lands'' so long as these regulations are also not inconsistent with 
existing statutory authorities. Nothing in this section shall be 
construed to expand the existing statutory authority of the 
Secretary.

Public Law 106-113, 113 Stat. 1501, App. C., 113 Stat. 1501A-210 sec. 
357 (1999). An identical provision was enacted in sec. 156 of the FY 
2001 Interior Appropriations Act. Pub. L. 106-291, sec. 156, 114 Stat. 
922, 962-63 (Oct. 11, 2000).
    Following issuance of the revised 3809 rules, four lawsuits were 
filed challenging the rules, three in the U.S. District Court for the 
District of Columbia (brought by the National Mining Association (NMA), 
the Newmont Mining Corporation, and the Mineral Policy Center and two 
other environmental groups), and one in the U.S. District Court for 
Nevada (brought by the State of Nevada). These cases include National 
Mining Association v. Babbitt, No. 00CV-2998 (D.D.C. filed December 15, 
2000); Newmont Mining Corporation v. Babbitt, No. 01CV-23 (D.D.C. filed 
January 5, 2001); Mineral Policy Center v. Babbitt, No. 01CV-73 (D.D.C. 
filed January 16, 2001); and State of Nevada v. DOI, No. CV-N01-0040-
ECR-VPC (D. NV filed January 19, 2001).
    The industry plaintiffs and the State of Nevada assert that BLM 
improperly issued the revised 3809 rules, and violated numerous 
statutes, including: the specific congressional provisions cited above 
applicable to promulgation of the revised 3809 rules; the notice and 
comment provisions of the Administrative Procedure Act, particularly 
with regard to the ``substantial irreparable harm'' standard of the 
final regulatory definition of the term ``unnecessary or undue 
degradation;'' the National Environmental Policy Act; the Regulatory 
Flexibility Act; the Federal Land Policy and Management Act; and the 
General Mining Law. The environmental plaintiffs assert that the 3809 
rules are not sufficiently stringent and improperly allow mining 
operations on lands without valid mining claims or mill sites.
    On January 19, 2001, the judge in the National Mining Association 
suit denied NMA's motion for a preliminary injunction to stay the 
effective date of the final rules, holding that the plaintiff did not 
successfully meet its burden of showing that the revised 3809 rules 
becoming effective would cause irreparable harm. As to the merits of 
the plaintiff's claims, the federal district court concluded that, 
although such claims may or may not have merit, it was unclear at the 
preliminary injunction stage of the proceeding that the NMA would 
eventually prevail.
    The revised 3809 rules became effective on January 20, 2001.
    On February 2, 2001, the Nevada Governor sent an urgent request to 
the Secretary of the Interior requesting postponement of the effective 
date and the implementation of the revised 3809 rules, based on legal 
deficiencies associated with promulgation of the new rules and the 
assertion that the revised 3809 rules were unnecessary. In his February 
2, 2001, letter, the Governor expressed concern that:

    These new regulations will, if not overturned, impose 
significant new and unnecessary regulatory burdens on Western States 
and will preclude mining companies from engaging in operations they 
might otherwise pursue, thereby leading to a dramatic decrease in 
employment and revenue in the mining sector and a corresponding 
decrease in tax revenue and other economic benefits to Western 
states. BLM's own Final Environmental Impact statement concludes 
that the new rules will result in a loss of up to 6,050 jobs, up to 
$396 million in total income and up to $877 million in total 
industry output.

The Governor was particularly concerned because the greatest impact of 
the revised 3809 rules would be borne by Nevada.
    The U.S. District Court for the District of Columbia concluded that 
the plaintiff was not entitled to a preliminary injunction. 
Nevertheless, BLM recognizes that the plaintiff raised serious concerns 
regarding the revised 3809 rules. Also, BLM recognizes the concerns 
expressed by the Nevada Governor. Therefore, BLM believes that 
undertaking implementation of a complex new regulatory program 
applicable to hardrock mining on public lands before additional 
examination of

[[Page 16164]]

the legal, economic, and environmental concerns that plaintiffs and the 
Nevada Governor raise could prove unnecessarily disruptive and 
confusing to the mining industry and the States that, together with 
BLM, regulate the mining industry. If BLM were to implement the new 
regulations, and then be required to change back again if the new rules 
are found deficient, the impact on both large and small miners is of 
substantial concern. Many of the latter, particularly, may not be 
sophisticated in dealing with changing regulatory requirements. On a 
larger scale, implementation of the revised 3809 rules could create an 
uncertain economic environment. Although this disruption and atmosphere 
of uncertainty may not rise to the standard of immediate irreparable 
harm, BLM believes that it has a responsibility to the mining industry, 
the affected States, and the public to ensure that the new regulatory 
regime it is imposing is sound, both legally and from a policy view. 
Suspending implementation of the revised 3809 rules will allow this 
examination to occur while maintaining the previous status quo, and 
eliminate the possibility of disruptive effects if the industry must 
switch to new rules and then back again if the new rules are found to 
be deficient.
    If a final decision is reached to suspend the revised rules, BLM 
would reinstate the previous rules verbatim as a final rule to avoid a 
regulatory vacuum while judicial and administrative review of the 
revised 3809 rules proceed. The final rule would thus include 
provisions identifying the suspended provisions and regulatory text 
identical to the previous 3809 rules. BLM would also reinstate sections 
of 43 CFR subparts 2091, 2201, 2711, 2741, and 9263 that were revised 
by the November 2000 final rules.
    To avoid confusion for the readers of the Code of Federal 
Regulations if the suspension continues on October 1, 2001, the 
previous regulations that were in effect on October 1, 2000, would 
appear in the next published version of the CFR as subpart 3809. The 
suspended regulations also would appear in the CFR and would be 
designated as ``subpart 3809a'' for clarity of citation purposes and 
because two distinct regulations cannot use the same regulation number. 
The suspended regulations would be printed in small type.
    Although BLM cannot predict the outcome of its review of the issues 
that have been raised or the outcome of the legal challenges to the 
revised 3809 rules, at some point either the suspension will be lifted 
or BLM may engage in further rulemaking.
    As a final matter, we specifically solicit comments as to whether 
some provisions of the revised 3809 rules should not be suspended while 
BLM conducts its review of the issues. For example, rather than 
suspending all of the revised 3809 rules, BLM could leave in place some 
or all of the new revisions that address the specific regulatory gaps 
identified by the National Research Council (as identified in 
Alternative 5, the ``NRC Alternative,'' in BLM's final environmental 
impact statement), which most commenters agreed are warranted. BLM 
requests comments on this approach or others, e.g., whether all of the 
revised rules should be suspended until either BLM completes further 
rulemaking or until the litigation is resolved.

III. Procedural Matters

    For purposes of suspending the revised 3809 rules and reinstating 
the previous rules, BLM relies on the supporting documents and analyses 
prepared for the November 2000, final rules. Although the sufficiency 
of some of these documents has been questioned, these documents are 
sufficient for the purpose of restoring the status quo as it existed on 
January 19, 2001 or, if selected, for one of the other alternatives 
included in BLM's final EIS.

List of Subjects

43 CFR Part 2090

    Airports, Alaska, Coal, Grazing lands, Indians-lands, Public lands, 
Public lands-classification, Public lands-mineral resources, Public 
lands-withdrawal, Seashores.

43 CFR Part 2200

    Administrative practice and procedure, Antitrust, Coal, National 
forests, Public lands.

43 CFR Part 2710

    Administrative practice and procedure, Public lands-mineral 
resources, Public lands-sale.

43 CFR Part 2740

    Intergovernmental relations, Public lands-sale, Recreation and 
recreation areas, Reporting and recordkeeping requirements.

43 CFR Part 3800

    Administrative practice and procedure, Environmental protection, 
Intergovernmental relations, Land Management Bureau, Mines, Public 
lands-mineral resources, Reporting and recordkeeping requirements, 
Surety bonds, Wilderness areas.

43 CFR Part 9260

    Continental shelf, Forests and forest products, Law enforcement, 
Penalties, Public lands, Range management, Recreation and recreation 
areas, wildlife.

    Dated: March 14, 2001.
Piet de Witt,
Acting Assistant Secretary, Land and Minerals Management.

    Accordingly, BLM proposes to amend Title 43 of the Code of Federal 
Regulations parts 2090, 2200, 2710, 2740, 3800, and 9260 as set forth 
below:

PART 2090--SPECIAL LAWS AND RULES

    1. The authority citation for part 2090 continues to read as 
follows:

    Authority: 16 U.S.C. 3124; 30 U.S.C. 189; and 43 U.S.C. 322, 
641, 1201, 1624, and 1740.

Subpart 2091--Segregation and Opening of Lands

    2. In Sec. 2091.2-2, add paragraph (b) to read as follows:


Sec. 2091.2-2  Opening.

* * * * *
    (b) Mineral interests reserved by the United States in connection 
with the conveyance of public lands under the Recreation and Public 
Purposes Act or section 203 of the Federal Land Policy and Management 
Act, shall remain segregated from the mining laws pending the issuance 
of such regulations as the Secretary may prescribe.
    3. In Sec. 2091.3-2, redesignate paragraph (c) as paragraph (d) and 
add paragraph (c) as follows:


Sec. 2091.3-2  Opening.

* * * * *
    (c) Upon conveyance of public lands under section 206 of the 
Federal Land Policy and Management Act, mineral interests reserved by 
the United States shall not be open to the operation of the mining laws 
pending the issuance of such regulations as the Secretary may 
prescribe.
* * * * *

PART 2200--EXCHANGES: GENERAL PROCEDURES

    4. The authority citation for part 2200 continues to read as 
follows:

    Authority: 43 U.S.C. 1716 and 1740.

[[Page 16165]]

Subpart 2201--Exchanges--Specific Requirements

    5. In Sec. 2201.1-2, redesignate paragraph (d) as paragraph (e), 
and add paragraph (d) as follows:


Sec. 2201.1-2  Segregative effect.

* * * * *
    (d) Upon conveyance of public lands under section 206 of the 
Federal Land Policy and Management Act, mineral interests reserved by 
the United States, together with the right to prospect for, mine and 
remove the minerals, shall be removed from the operation of the mining 
laws pending the issuance of such regulations as the Secretary may 
prescribe.
* * * * *

PART 2710--SALES: FEDERAL LAND POLICY AND MANAGEMENT ACT

    6. The authority citation for part 2710 continues to read as 
follows:

    Authority: 43 U.S.C. 1713 and 1740.

Subpart 2711--Sales: Procedures

    7. Add Sec. 2711.5-1 as follows:


Sec. 2711.5-1  Mineral reservation.

    Patents and other conveyance documents issued under this part shall 
contain a reservation to the United States of all minerals. Such 
minerals shall be subject to the right to explore, prospect for, mine, 
and remove under applicable law and such regulations as the Secretary 
may prescribe. However, upon the filing of an application as provided 
in part 2720 of this title, the Secretary may convey the mineral 
interest if all requirements of the law are met. Where such application 
has been filed and meets the requirements for conveyance, the 
authorized officer may withhold issuance of a patent or other document 
of conveyance on lands sold under this part until processing of the 
mineral conveyance application is completed, at which time a single 
patent or document of conveyance for the entire estate or interest of 
the United States may be issued.

PART 2740--RECREATION AND PUBLIC PURPOSES ACT

    8. The authority citation for part 2740 continues to read as 
follows:

    Authority: 43 U.S.C. 869 et seq., 43 U.S.C. 1701 et seq., and 31 
U.S.C. 9701.

Subpart 2741--Recreation and Public Purposes Act: Requirements


Sec. 2741.7  [Amended]

    9. In Sec. 2741.7, add paragraph (d) as follows:
* * * * *
    (d) All leases and patents issued under the act shall reserve to 
the United States all minerals together with the right to mine and 
remove the same under applicable laws and regulations to be established 
by the Secretary of the Interior. Where such reserved minerals are 
subject to disposition under the provisions of the Mineral Leasing Act 
of 1920, as amended, and supplemented (30 U.S.C. 181 et seq.), the 
Materials Act of July 31, 1947, as amended (30 U.S.C. 601 et seq.) and 
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.), the 
regulations contained in Subchapter C of this title shall be utilized.

PART 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS

    10. The authority citation for Part 3800 continues to read as 
follows:

    Authority: 5 U.S.C. 552; 16 U.S.C. 1131-1136; 1271-1287, 1901; 
25 U.S.C. 463; 30 U.S.C. 21 et seq.,  21a, 22 et seq, 36, 621 et 
seq., 1601; 43 U.S.C. 2, 154, 299, 687b-4, 1068 et seq., 1201, 1701 
et seq., 62 Stat. 162.

    10a. Amend part 3800 by redesignating subpart 3809 as subpart 3809a 
and suspending newly designated subpart 3809a.
    11. Amend part 3800 by adding subpart 3809 to read as follows:

Subpart 3809--Surface Management

Sec.
3809.0-1   Purpose.
3809.0-2   Objectives.
3809.0-3   Authority.
3809.0-5   Definitions.
3809.0-6   Policy.
3809.0-9   Information collection.
3809.1   Operations.
3809.1-1   Reclamation.
3809.1-2   Casual use: Negligible disturbance.
3809.1-3   Notice: Disturbance of 5 acres or less.
3809.1-4   Plan of operations: When required.
3809.1-5   Filing and contents of plan of operations.
3809.1-6   Plan approval.
3809.1-7   Modification of plan.
3809.1-8   Existing operations.
3809.1-9   Bonding requirements.
3809.2   Prevention of unnecessary or undue degradation.
3809.2-1   Environmental assessment.
3809.2-2   Other requirements for environmental protection.
3809.3   General provisions.
3809.3-1   Applicability of State law.
3809.3-2   Noncompliance.
3809.3-3   Access.
3809.3-4   Fire prevention and control.
3809.3-5   Maintenance and public safety.
3809.3-6   Inspection.
3809.3-7   Periods of non-operation.
3809.4   Appeals.
3809.5   Public availability of information.
3809.6   Special provisions relating to mining claims patented 
within the boundaries of the California Desert Conservation Area.
* * * * *

Subpart 3809--Surface Management

    Note: The information collection requirements contained in this 
subpart have been approved by the Office of Management and Budget 
under 44 U.S.C. 3507 and assigned clearance number 1004-0104. This 
information is needed to permit the authorized officer to determine 
if a plan of operation is needed to protect the public lands and 
their resources and to determine if the plan of operations, if one 
is required, is adequate. The obligation to respond is required to 
obtain a benefit.

General


Sec. 3809.0-1  Purpose.

    The purpose of this subpart is to establish procedures to prevent 
unnecessary or undue degradation of Federal lands which may result from 
operations authorized by the mining laws.


Sec. 3809.0-2  Objectives.

The objectives of this regulation are to:

    (a) Provide for mineral entry, exploration, location, operations, 
and purchase pursuant to the mining laws in a manner that will not 
unduly hinder such activities but will assure that these activities are 
conducted in a manner that will prevent unnecessary or undue 
degradation and provide protection of nonmineral resources of the 
Federal lands;
    (b) Provide for reclamation of disturbed areas; and
    (c) Coordinate, to the greatest extent possible, with appropriate 
State agencies, procedures for prevention of unnecessary or undue 
degradation with respect to mineral operations.


Sec. 3809.0-3  Authority.

    (a) Section 2319 of the Revised Statutes (30 U.S.C. 22 et seq.) 
provides that exploration, location and purchase of valuable mineral 
deposits, under the mining laws, on Federal lands shall be ``under 
regulations prescribed by law,'' and section 2478 of the Revised 
Statutes, as amended (43 U.S.C. 1201), provides that those regulations 
shall be issued by the Secretary.
    (b) Sections 302, 303, 601, and 603 of the Federal and Policy and 
Management

[[Page 16166]]

Act of 1976 (43 U.S.C. 1701 et seq.) require the Secretary to take any 
action, by regulation or otherwise, to prevent unnecessary or undue 
degradation of the Federal lands, provide for enforcement of those 
regulations, and direct the Secretary to manage the California Desert 
Conservation Area under reasonable regulations which will protect the 
scenic, scientific, and environmental values against undue impairment, 
and to assure against pollution of streams and waters.
    (c) The Act of July 23, 1955 (30 U.S.C. 612), provides that rights 
under mining claims located after July 23, 1955, shall prior to 
issuance of patent therefor, be subject to the right of the United 
States to manage and dispose of the vegetative surface resources and to 
manage other surface resources. The Act also provides that ``Any mining 
claim hereafter located under the mining laws of the United States 
shall not be used, prior to issuance to patent therefor, for any 
purposes other than prospecting, mining or processing operations and 
uses reasonably incident thereto.''
    (d) Section 9 of the Wild and Scenic Rivers Act (16 U.S.C. 1280) 
provides that regulations issued shall, among other things, provide 
safeguards against pollution of the rivers involved and unnecessary 
impairment of the scenery within the area designated for potential 
addition to, or an actual component of the national wild and scenic 
rivers system.
    (e) The Act of October 21, 1970 (16 U.S.C. 460y et seq.), as 
amended by Section 602 of the Federal Land Policy and Management Act of 
1976 (16 U.S.C. 460y-8), established the King Range Conservation Area 
in California. The Secretary is required under these Acts to manage 
activities in this conservation area under the General Mining Law of 
1872 in such a manner as to protect the scenic, scientific, and 
environmental values against undue impairment, and ensure against 
pollution of streams and waters.


Sec. 3809.0-5  Definitions.

    As used in this subpart, the term:
    (a) Authorized officer means any employee of the Bureau of Land 
Management to whom authority has been delegated to perform the duties 
described in this subpart.
    (b) Casual Use means activities ordinarily resulting in only 
negligible disturbance of the Federal lands and resources. For example, 
activities are generally considered casual use if they do not involve 
the use of mechanized earth moving equipment or explosives or do not 
involve the use of motorized vehicles in areas designated as closed to 
off-road vehicles as defined in subpart 8340 of this title.
    (c) Federal lands means lands subject to the mining laws including, 
but not limited to, the certain public lands defined in section 103 of 
the Federal Land Policy and Management Act of 1976. Federal lands does 
not include lands in the National Park System, National Forest System, 
and the National Wildlife Refuge System, nor does it include acquired 
lands, Stockraising Homestead lands or lands where only the mineral 
interest is reserved to the United States or lands under Wilderness 
Review and administered by the Bureau of Land Management (these lands 
are subject to the 43 CFR part 3802 regulations).
    (d) Mining claim means any unpatented mining claim, millsite, or 
tunnel site located under the mining laws and those patented mining 
claims and millsites located in the California Desert Conservation Area 
which have been patented subsequent to the enactment of the Federal 
Land Policy and Management Act of October 21, 1976.
    (e) 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); and all 
laws supplementing and amending those laws, including among others the 
Building Stone Act of August 4, 1892, as amended (27 Stat. 348); and 
the Saline Placer Act of January 31, 1901 (31 Stat. 745).
    (f) Operations means all functions, work, facilities, and 
activities in connection with prospecting, discovery and assessment 
work, development, extraction, and processing of mineral deposits 
locatable under the mining laws and all other uses reasonably incident 
thereto, whether on a mining claim or not, including but not limited to 
the construction of roads, transmission lines, pipelines, and other 
means of access for support facilities across Federal lands subject to 
these regulations.
    (g) Operator means a person conducting or proposing to conduct 
operations.
    (h) Person means any citizen of the United States or person who has 
declared the intention to become such and includes any individual, 
partnership, corporation, association, or other legal entity.
    (i) Project area means a single tract of land upon which an 
operator is, or will be, conducting operations. It may include one 
mining claim or a group of mining claims under one ownership on which 
operations are or will be conducted, as well as Federal lands on which 
an operator is exploring or prospecting prior to locating a mining 
claim.
    (j) Reclamation means taking such reasonable measures as will 
prevent unnecessary or undue degradation of the Federal lands, 
including reshaping land disturbed by operations to an appropriate 
contour and, where necessary, revegetating disturbed areas so as to 
provide a diverse vegetative cover. Reclamation may not be required 
where the retention of a stable highwall or other mine workings is 
needed to preserve evidence of mineralization.
    (k) Unnecessary or undue degradation means surface disturbance 
greater than what would normally result when an activity is being 
accomplished by a prudent operator in usual, customary, and proficient 
operations of similar character and taking into consideration the 
effects of operations on other resources and land uses, including those 
resources and uses outside the area of operations. Failure to initiate 
and complete reasonable mitigation measures, including reclamation of 
disturbed areas or creation of a nuisance may constitute unnecessary or 
undue degradation. Failure to comply with applicable environmental 
protection statutes and regulations thereunder will constitute 
unnecessary or undue degradation. Where specific statutory authority 
requires the attainment of a stated level of protection or reclamation, 
such as in the California Desert Conservation Area, Wild and Scenic 
Rivers, areas designated as part of the National Wilderness System 
administered by the Bureau of Land Management and other such areas, 
that level of protection shall be met.
    (l) King Range Conservation Area means the area designated pursuant 
to the Act of October 21, 1970 (16 U.S.C. 460y et seq.), as amended by 
Section 602 of the Federal Land Policy and Management Act of 1976 (16 
U.S.C. 460y-8).


Sec. 3809.0-6  Policy.

    Consistent with section 2 of the Mining and Mineral Policy Act of 
1970 and section 102(a) (7), (8), and (12) of the Federal Land Policy 
and Management Act, it is the policy of the Department of the Interior 
to encourage the development of Federal mineral resources and 
reclamation of disturbed lands. Under the mining laws a person has a 
statutory right, consistent with Departmental regulations, to go upon 
the open (unappropriated and unreserved) Federal lands for the purpose 
of mineral prospecting, exploration, development, extraction

[[Page 16167]]

and other uses reasonably incident thereto. This statutory right 
carries with it the responsibility to assure that operations include 
adequate and responsible measures to prevent unnecessary or undue 
degradation of the Federal lands and to provide for reasonable 
reclamation.


Sec. 3809.0-9  Information collection.

    (a) The collections of information contained in subpart 3809 have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned clearance number 1004-0176. BLM will use the 
information in regulating and monitoring mining and exploration 
operations on public lands. Response to requests for information is 
mandatory in accordance with 43 U.S.C. 1701 et seq. The information 
collection approval expires December 31, 1999.
    (b) Public reporting burden for this information is estimated to 
average 16 hours per response for notices and 32 hours per response for 
plans of operations, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Send comments regarding this burden estimate or any other aspect of 
this collection of information, including suggestions for reducing the 
burden, to the Information Collection Clearance Officer (783), Bureau 
of Land Management, Washington, DC 20240, and the Office of Management 
and Budget, Attention Desk Officer for the Interior Department, Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503, referring to information collection clearance 
number 1004-0176.


Sec. 3809.1  Operations.


Sec. 3809.1-1  Reclamation.

    All operations, whether casual, under a notice, or by a plan of 
operations, shall be reclaimed as required in this title.


Sec. 3809.1-2  Casual use: Negligible disturbance.

    No notification to or approval by the authorized officer is 
required for casual use operations. However, casual use operations are 
subject to monitoring by the authorized officer to ensure that 
unnecessary or undue degradation of Federal lands will not occur.


Sec. 3809.1-3  Notice: Disturbance of 5 acres or less.

    (a) All operators on project areas whose operations, including 
access across Federal lands to the project area, cause a cumulative 
surface disturbance of 5 acres or less during any calendar year shall 
notify the authorized officer in the District office of the Bureau of 
Land Management having jurisdiction over the land in which the claim(s) 
or project area is located. Prior to conducting additional operations 
under a subsequent notice covering substantially the same ground, the 
operator shall have completed reclamation of operations which were 
conducted under any previous notice. Notification of such activities, 
by the operator, shall be made at least 15 calendar days before 
commencing operations under this subpart by a written notice or letter.
    (b) Approval of a notice, by the authorized officer, is not 
required. Consultation with the authorized officer may be required 
under paragraph (c)(3) of this section when the construction of access 
routes are involved. Notices properly filed under this section 
constitute authorization under part 8340 of this title (Off-Road 
Vehicles).
    (c) The notice or letter shall include:
    (1) Name and mailing address of the mining claimant and operator, 
if other than the claimant. Any change of operator or in the mailing 
address of the mining claimant or operator shall be reported promptly 
to the authorized officer;
    (2) When applicable, the name of the mining claim(s), and serial 
number(s) assigned to the mining claim(s) recorded pursuant to subpart 
3833 of this title on which disturbance will likely take place as a 
result of the operations;
    (3) A statement describing the activities proposed and their 
location in sufficient detail to locate the activities on the ground, 
and giving the approximate date when operations will start. The 
statement shall include a description and location of access routes to 
be constructed and the type of equipment to be used in their 
construction. Access routes shall be planned for only the minimum width 
needed for operations and shall follow natural contours, where 
practicable, to minimize cut and fill. When the construction of access 
routes involves slopes which require cuts on the inside edge in excess 
of 3 feet, the operator may be required to consult with the authorized 
officer concerning the most appropriate location of the access route 
prior to commencing operations;
    (4) A statement that reclamation of all areas disturbed will be 
completed to the standard described in Sec. 3809.1-3(d) of this title 
and that reasonable measures will be taken to prevent unnecessary or 
undue degradation of the Federal lands during operations.
    (d) The following standards govern activities conducted under a 
notice:
    (1) Access routes shall be planned for only the minimum width 
needed for operations and shall follow natural contours, where 
practicable to minimize cut and fill.
    (2) All tailings, dumps, deleterious materials or substances, and 
other waste produced by the operations shall be disposed of so as to 
prevent unnecessary or undue degradation and in accordance with 
applicable Federal and State Laws.
    (3) At the earliest feasible time, the operator shall reclaim the 
area disturbed, except to the extent necessary to preserve evidence of 
mineralization, by taking reasonable measures to prevent or control on-
site and off-site damage of the Federal lands.
    (4) Reclamation shall include, but shall not be limited to:
    (i) Saving of topsoil for final application after reshaping of 
disturbed areas have been completed;
    (ii) Measures to control erosion, landslides, and water runoff;
    (iii) Measures to isolate, remove, or control toxic materials;
    (iv) Reshaping the area disturbed, application of the topsoil, and 
revegetation of disturbed areas, where reasonably practicable; and
    (v) Rehabilitation of fisheries and wildlife habitat.
    (5) When reclamation of the disturbed area has been completed, 
except to the extent necessary to preserve evidence of mineralization, 
the authorized officer shall be notified so that an inspection of the 
area can be made.
    (e) Operations conducted pursuant to this subpart are subject to 
monitoring by the authorized officer to ensure that operators are 
conducting operations in a manner which will not cause unnecessary or 
undue degradation.
    (f) Failure of the operator to prevent undue or unnecessary 
degradation or to complete reclamation to the standards described in 
this subpart may cause the operator to be subject to a notice of 
noncompliance as described in Sec. 3809.3-2 of this title.


Sec. 3809.1-4  Plan of operations: when required.

    An approved plan of operations is required prior to commencing:
    (a) Operations which exceed the disturbance level (5 acres) 
described in Sec. 3809.1-3 of this title.
    (b) Any operation, except casual use, in the following designated 
areas:
    (1) Lands in the California Desert Conservation Area designated as 
controlled or limited use areas by the California Desert Conservation 
Area plan;

[[Page 16168]]

    (2) Areas designated for potential addition to, or an actual 
component of the national wild and scenic rivers system,
    (3) Designated Areas of Critical Environmental Concern;
    (4) Areas designated as part of the National Wilderness 
Preservation System and administered by the Bureau of Land Management;
    (5) Areas designated as closed to off-road vehicle use as defined 
in subpart 8340 of this title.
    (6) The area designated as the King Range Conservation Area 
pursuant to 16 U.S.C. 460y et seq., as amended by section 602 of the 
Federal Land Policy and Management Act of 1976.
    (c) Plans properly filed and approved under this section constitute 
authorization under part 8340 of this title (Off-Road Vehicles).


Sec. 3809.1-5  Filing and contents of plan of operations.

    (a) A plan of operations must be filed in the District Office of 
the Bureau of Land Management having jurisdiction over the Federal 
lands in which the claim(s) or project area is located.
    (b) No special form is required for filing a plan.
    (c) The plan shall include:
    (1) The name and mailing address of the operator (and claimant if 
not the operator). Any change of operator or change in the mailing 
address shall be promptly reported to the authorized officer;
    (2) A map, preferably a topographic map, or sketch showing existing 
and/or proposed routes of access, aircraft landing areas, or other 
means of access, and size of each area where surface disturbance will 
occur;
    (3) When applicable, the name of the mining claim(s) and mining 
claim serial numbers assigned to the mining claim(s) recorded pursuant 
to subpart 3833 of this title.
    (4) Information sufficient to describe or identify the type of 
operations proposed, how they will be conducted and the period during 
which the proposed activity will take place;
    (5) Measures to be taken to prevent unnecessary or undue 
degradation and measures to reclaim disturbed areas resulting from the 
proposed operations, including the standards listed in Sec. 3809.1-3(d) 
of this title. Where an operator advises the authorized officer that 
he/she does not have the necessary technical resources to develop such 
measures the authorized officer will assist the operator in developing 
such measures. If an operator submits reclamation measures, the 
authorized officer will ensure that the operator's plan is sufficient 
to prevent unnecessary or undue degradation. All reclamation measures 
developed by the operator, or by the authorized officer in conjunction 
with the operator, shall become a part of the plan of operations.
    (6) Measures to be taken during extended periods of nonoperation to 
maintain the area in a safe and clean manner and to reclaim the land to 
avoid erosion and other adverse impacts. If not filed at the time of 
plan submittal, this information shall be filed with the authorized 
officer whenever the operator anticipates a period of nonoperation.


Sec. 3809.1-6  Plan approval.

    (a) A proposed plan of operations shall be submitted to the 
authorized officer, who shall promptly acknowledge receipt thereof to 
the operator. The authorized officer shall, within 30 days of such 
receipt, analyze the proposal in the context of the requirement to 
prevent unnecessary or undue degradation and provide for reasonable 
reclamation, and shall notify the operator:
    (1) That the plan is approved; or
    (2) Of any changes in or additions to the plan necessary to meet 
the requirements of these regulations; or
    (3) That the plan is being reviewed, but that a specified amount of 
time, not to exceed an additional 60 days, is necessary to complete the 
review, setting forth the circumstances which justify additional time 
for review. However, days during which the area of operations is 
inaccessible for inspection shall not be counted when computing the 60 
day period; or
    (4) That the plan cannot be approved until 30 days after a final 
environmental statement has been prepared and filed with the 
Environmental Protection Agency; or
    (5) That the plan cannot be approved until the authorized officer 
has complied with section 106 of the National Historic Preservation Act 
or section 7 of the Endangered Species Act.
    (b) The authorized officer shall consult with the appropriate 
official of the bureau or agency having surface management 
responsibilities where such responsibility is not exercised by the 
Bureau of Land Management. Prior to plan approval the authorized 
officer shall obtain the concurrence of such appropriate official to 
the terms and conditions that may be needed to prevent unnecessary or 
undue degradation.
    (c) The authorized officer shall undertake an appropriate level of 
cultural resource inventory of the area to be disturbed. The inventory 
shall be completed within the time allowed by these regulations for 
approval of the plan (30 days). The operator is not required to do the 
inventory but may hire an archaeologist approved by the Bureau of Land 
Management in order to complete the inventory more expeditiously. The 
responsibility for and cost of salvage of cultural resources discovered 
during the inventory shall be the Federal Government's. The 
responsibility of avoiding adverse impacts on those cultural resources 
discovered during the inventory shall be the operator's.
    (d) Pending final approval of the plan, the authorized officer 
shall approve any operations that may be necessary for timely 
compliance with requirements of Federal and State laws, subject to any 
terms and conditions that may be needed to prevent unnecessary or undue 
degradation.
    (e) In the event of a change of operators involving an approved 
plan of operations, the new operator shall satisfy the requirements of 
Sec. 3809.1-9 of this title as it relates to bonding.


Sec. 3809.1-7  Modification of plan.

    (a) At any time during operations under an approved plan, the 
operator on his/her own initiative may modify the plan or the 
authorized officer may request the operator to do so.
    (b) A significant modification of an approved plan must be reviewed 
and approved by the authorized officer in the same manner as the 
initial plan.
    (c)(1) If, when requested to do so by the authorized officer, the 
operator does not furnish a proposed modification within a reasonable 
time, usually 30 days, the authorized officer may recommend to the 
State Director that the operator be required to submit a proposed 
modification of the plan. The recommendation of the authorized officer 
shall be accompanied by a statement setting forth the facts and the 
reasons for the recommendations.
    (2) In acting upon such recommendations the State Director shall 
determine, within 30 days, whether:
    (i) All reasonable measures were taken by the authorized officer at 
the time the plan was approved to ensure that the proposed operations 
would not cause unnecessary or undue degradation of the Federal land;
    (ii) The disturbance from the operations of the plan as approved or 
from unforeseen circumstances is or may become of such significance 
that modification of the plan is essential in order to prevent 
unnecessary or undue degradation; and

[[Page 16169]]

    (iii) The disturbance can be minimized using reasonable means.
    (3) Once the matter has been sent to the State Director, an 
operator is not required to submit a proposed modification of an 
approved plan until a determination is made by the State Director. 
Where the State Director determines that a plan shall be modified, the 
operator shall timely submit a modified plan to the authorized officer 
for review and approval.
    (4) Operations may continue in accordance with the approved plan 
until a modified plan is approved, unless the State Director determines 
that the operations are causing unnecessary or undue degradation to the 
land. The State Director shall advise the operator of those reasonable 
measures needed to avoid such degradation and the operator shall 
immediately take all necessary steps to implement those measures within 
a reasonable period established by the State Director.


Sec. 3809.1--8  Existing operations.

    (a) Persons conducting operations on January 1, 1981, who would be 
required to submit a notice under Sec. 3809.1-3 or a plan of operations 
under Sec. 3809.1-4 of this title may continue operations but shall, 
within:
    (1) 30 days submit a notice with required information outlined in 
Sec. 3809.1-3 of this title for operations where 5 acres or less will 
be disturbed during a calendar year; or
    (2) 120 days submit a plan in those areas identified in 
Sec. 3809.1-4 of this title. Upon a showing of good cause, the 
authorized officer may grant an extension of time, not to exceed an 
additional 180 days, to submit a plan.
    (b) Operations may continue according to the submitted plan during 
its review. If the authorized officer determines that operations are 
causing unnecessary or undue degradation of the Federal lands involved, 
the authorized officer shall advise the operator of those reasonable 
measures needed to avoid such degradation, and the operator shall take 
all necessary steps to implement those measures within a reasonable 
time recommended by the authorized officer. During the period of an 
appeal, if any, operations may continue without change, subject to 
other applicable Federal and State laws.
    (c) Upon approval of a plan by the authorized officer, operations 
shall be conducted in accordance with the approval plan.


Sec. 3809.1-9  Bonding requirements.

    (a) No bond shall be required for operations that constitute casual 
use (Sec. 3809.1-2) or that are conducted under a notice (Sec. 3809.1-3 
of this title).
    (b) Any operator who conducts operations under an approved plan of 
operations as described in Sec. 3809.1-5 of this title may, at the 
discretion of the authorized officer, be required to furnish a bond in 
an amount specified by the authorized officer. The authorized officer 
may determine not to require a bond in circumstances where operations 
would cause only minimal disturbance to the land. In determining the 
amount of the bond, the authorized officer shall consider the estimated 
cost of reasonable stabilization and reclamation of areas disturbed. In 
lieu of the submission of a separate bond, the authorized officer may 
accept evidence of an existing bond pursuant to State law or 
regulations for the same area covered by the plan of operations, upon a 
determination that the coverage would be equivalent to that provided in 
this section.
    (c) In lieu of a bond, the operator may deposit and maintain in a 
Federal depository account of the United States Treasury, as directed 
by the authorized officer, cash in an amount equal to the required 
dollar amount of the bond or negotiable securities of the United States 
having a market value at the time of deposit of not less than the 
required dollar amount of the bond.
    (d) In place of the individual bond on each separate operation, a 
blanket bond covering statewide or nationwide operations may be 
furnished at the option of the operator, if the terms and conditions, 
as determined by the authorized officer, are sufficient to comply with 
these regulations.
    (e) In the event that an approved plan is modified in accordance 
with Sec. 3809.1-7 of this title, the authorized officer shall review 
the initial bond for adequacy and, if necessary, adjust the amount of 
the bond to conform to the plan as modified.
    (f) When all or any portion of the reclamation has been completed 
in accordance with the approved plan, the operator may notify the 
authorized officer that such reclamation has occurred and that she/he 
seeks a reduction in bond or Bureau approval of the adequacy of the 
reclamation, or both. Upon any such notification, the authorized 
officer shall promptly inspect the reclaimed area with the operator. 
The authorized officer shall then notify the operator, in writing, 
whether the reclamation is acceptable. When the authorized officer has 
accepted as completed any portion of the reclamation, the authorized 
officer shall authorize that the bond be reduced proportionally to 
cover the remaining reclamation to be accomplished.
    (g) When a mining claim is patented, the authorized officer shall 
release the operator from that portion of the performance bond which 
applies to operations within the boundaries of the patented land. The 
authorized officer shall release the operator from the remainder of the 
performance bond, including the portion covering approved means of 
access outside the boundaries of the mining claim, when the operator 
has completed acceptable reclamation. However, existing access to 
patented mining claims, if across Federal lands shall continue to be 
regulated under the approved plan. The provisions of this subsection do 
not apply to patents. Issued on mining claims within the boundaries of 
the California Desert Conservation Area (see Sec. 3809.6 of this 
title).


Sec. 3809.2  Prevention of unnecessary or undue degradation.


Sec. 3809.2-1  Environmental assessment.

    (a) When an operator files a plan of operations or a significant 
modification which encompasses land not previously covered by an 
approved plan, the authorized officer shall make an environmental 
assessment or a supplement thereto to identify the impacts of the 
proposed operations on the lands and to determine whether an 
environmental impact statement is required.
    (b) In conjunction with the operator, the authorized officer shall 
use the environmental assessment to determine the adequacy of 
mitigating measures and reclamation procedures included in the plan to 
insure the prevention of unnecessary or undue degradation of the land. 
If an operator advises the authorized officer that he/she is unable to 
prepare mitigating measures, the authorized officer, in conjunction 
with the operator, shall use the environmental assessment as a basis 
for assisting the operator in developing such measures.
    (c) If, as a result of the environmental assessment, the authorized 
officer determines that there is substantial public interest in the 
plan, the authorized officer shall notify the operator, in writing, 
that an additional period of time, not to exceed the additional 60 days 
provided for approval of a plan in Sec. 3809.1-6 of this title, is 
required to consider public comments on the environmental assessment.

[[Page 16170]]

Sec. 3809.2-2  Other requirements for environmental protection.

    All operations, including casual use and operations under either a 
notice (Sec. 3809.1-3) or a plan of operations (Sec. 3809.1-4 of this 
title), shall be conducted to prevent unnecessary or undue degradation 
of the Federal lands and shall comply with all pertinent Federal and 
State laws, including but not limited to the following:
    (a) Air quality. All operators shall comply with applicable Federal 
and State air quality standards, including the Clean Air Act (42 U.S.C. 
1857 et seq.).
    (b) Water quality. All operators shall comply with applicable 
Federal and State water quality standards, including the Federal Water 
Pollution Control Act, as amended (30 U.S.C. 1151 et seq.).
    (c) Solid wastes. All operators shall comply with applicable 
Federal and State standards for the disposal and treatment of solid 
wastes, including regulations issued pursuant to the Solid Waste 
Disposal Act as amended by the Resource Conservation and Recovery Act 
(42 U.S.C. 6901 et seq.). All garbage, refuse or waste shall either be 
removed from the affected lands or disposed of or treated to minimize, 
so far as is practicable, its impact on the lands.
    (d) Fisheries, wildlife and plant habitat. The operator shall take 
such action as may be needed to prevent adverse impacts to threatened 
or endangered species, and their habitat which may be affected by 
operations.
    (e) Cultural and paleontological resources. (1) Operators shall not 
knowingly disturb, alter, injure, or destroy any scientifically 
important paleontological remains or any historical or archaeological 
site, structure, building or object on Federal lands.
    (2) Operators shall immediately bring to the attention of the 
authorized officer any cultural and/or paleontological resources that 
might be altered or destroyed on Federal lands by his/her operations, 
and shall leave such discovery intact until told to proceed by the 
authorized officer. The authorized officer shall evaluate the 
discoveries brought to his/her attention, take action to protect or 
remove the resource, and allow operations to proceed within 10 working 
days after notification to the authorized officer of such discovery.
    (3) The Federal Government shall have the responsibility and bear 
the cost of investigations and salvage of cultural and paleontology 
values discovered after a plan of operations has been approved, or 
where a plan is not involved.
    (f) Protection of survey monuments. To the extent practicable, all 
operators shall protect all survey monuments, witness corners, 
reference monuments, bearing trees and line trees against unnecessary 
or undue destruction, obliteration or damage. If, in the course of 
operations, any monuments, corners, or accessories are destroyed, 
obliterated or damaged by such operations, the operator shall 
immediately report the matter to the authorized officer. The authorized 
officer shall prescribe, in writing, the requirements for the 
restoration or reestablishment of monuments, corners, bearing and line 
trees.


Sec. 3809.3  General provisions.


Sec. 3809.3-1  Applicability of State law.

    (a) Nothing in this subpart shall be construed to effect a 
preemption of State laws and regulations relating to the conduct of 
operations or reclamation on Federal lands under the mining laws.
    (b) After November 26, 1980 the Director, Bureau of Land 
Management, shall conduct a review of State laws and regulations in 
effect or due to come into effect, relating to unnecessary or undue 
degradation of lands disturbed by exploration for, or mining of, 
minerals locatable under the mining laws.
    (c) The Director may consult with appropriate representatives of 
each State to formulate and enter into agreements to provide for a 
joint Federal-State program for administration and enforcement. The 
purpose of such agreements is to prevent unnecessary or undue 
degradation of the Federal lands from operations which are conducted 
under the mining laws, to prevent unnecessary administrative delay and 
to avoid duplication of administration and enforcement of laws. Such 
agreements may, whenever possible, provide for State administration and 
enforcement of such programs.


Sec. 3809.3-2  Noncompliance.

    (a) Failure of an operator to file a notice under Sec. 3809.1-3 of 
this title or a plan of operations under Sec. 3809.1-4 of this title 
will subject the operator, at the discretion of the authorized officer, 
to being served a notice of non-compliance or enjoined from the 
continuation of such operations by a court order until such time as a 
notice or plan is filed with the authorized officer. The operator shall 
also be responsible to reclaim operations conducted without an approved 
plan of operations or prior to the filing of a required notice.
    (b) Failure to reclaim areas disturbed by operations under 
Sec. 3809.1-3 of this title is a violation of these regulations.
    (1) Where an operator is conducting operations covered by 3809.1-3 
(notice) of this title and fails to comply with the provisions of that 
section or properly conduct reclamation according to standards set 
forth in 3809.1-3(d) of this title, a notice of noncompliance shall be 
served by delivery in person to the operator or his/her authorized 
agent, or by certified mail addressed to his/her address of record.
    (2) Operators conducting operations under an approved plan of 
operations who fails to follow the approved plan of operations may be 
subject to a notice of noncompliance. A notice of noncompliance shall 
be served in the same manner as described in Sec. 3809.3-2(b)(1) of 
this section.
    (c) All operators who conduct operations under a notice pursuant to 
Sec. 3809.1-3 and a plan pursuant to Sec. 3809.1-4 on Federal lands 
without taking the actions specified in a notice of noncompliance 
within the time specified therein may be enjoined by an appropriate 
court order from continuing such operations and be liable for damages 
for such unlawful acts.
    (d) A notice of noncompliance shall specify in what respects the 
operator is failing or has failed to comply with the requirements of 
applicable regulations, and shall specify the actions which are in 
violation of the regulations and the actions which shall be taken to 
correct the noncompliance and the time, not to exceed 30 days, within 
which corrective action shall be started.
    (e) Failure of an operator to take necessary actions on a notice of 
noncompliance, may constitute justification for requiring the 
submission of a plan of operations under Sec. 3809.1-5 and mandatory 
bonding for subsequent operations which would otherwise be conducted 
pursuant to a notice under Sec. 3809.1-3 of this title.


Sec. 3809.3-3  Access.

    (a) An operator is entitled to access to his operations consistent 
with provisions of the mining laws.
    (b) Where a notice or a plan of operations is required, it shall 
specify the location of access routes for operations and other 
conditions necessary to prevent unnecessary or undue degradation. The 
authorized officer may require the operator to use existing roads to 
minimize the number of access routes, and, if practicable, to construct 
access roads within a designated transportation or utility corridor. 
When commercial hauling is involved and the use of an existing road is 
required, the authorized officer may

[[Page 16171]]

require the operator to make appropriate arrangements for use and 
maintenance.


Sec. 3809.3-4  Fire prevention and control.

    The operator shall comply with all applicable Federal and State 
fire laws and regulations, and shall take all reasonable measures to 
prevent and suppress fires in the area of operations.


Sec. 3809.3-5  Maintenance and public safety.

    During all operations, the operator shall maintain his structures, 
equipment, and other facilities in a safe and orderly manner. Hazardous 
sites or conditions resulting from operations shall be marked by signs, 
fenced, or otherwise identified to alert the public in accordance with 
applicable Federal and State laws and regulations.


Sec. 3809.3-6  Inspection.

    The authorized officer may periodically inspect operations to 
determine if the operator is complying with these regulations. The 
operator shall permit the authorized officer access for this purpose.


Sec. 3809.3-7  Periods of non-operation.

    All operators shall maintain the site, structures and other 
facilities of the operations in a safe and clean condition during any 
non-operating periods. All operators may be required, after an extended 
period of non-operation for other than seasonal operations, to remove 
all structures, equipment and other facilities and reclaim the site of 
operations, unless he/she receives permission, in writing, from the 
authorized officer to do otherwise.


Sec. 3809.4  Appeals.

    (a) Any operator adversely affected by a decision of the authorized 
officer made pursuant to the provisions of this subpart shall have a 
right of appeal to the State Director, and thereafter to the Board of 
Land Appeals, Office of Hearings and Appeals, pursuant to part 4 of 
this title, if the State Director's decision is adverse to the 
appellant.
    (b) No appeal shall be considered unless it is filed, in writing, 
in the office of the authorized officer who made the decision from 
which an appeal is being taken, within 30 days after the date of 
receipt of the decision. A decision of the authorized officer from 
which an appeal is taken to the State Director shall be effective 
during the pendency of an appeal. A request for a stay may accompany 
the appeal.
    (c) The appeal to the State Director shall contain:
    (1) The name and mailing address of the appellant.
    (2) When applicable, the name of the mining claim(s) and serial 
number(s) assigned to the mining claims recorded pursuant to subpart 
3833 of this title which are subject to the appeal.
    (3) A statement of the reasons for the appeal and any arguments the 
appellant wishes to present which would justify reversal or 
modification of the decision.
    (d) The State Director shall promptly render a decision on the 
appeal. The decision shall be in writing and shall set forth the 
reasons for the decision. The decision shall be sent to the appellant 
by certified mail, return receipt requested.
    (e) The decision of the State Director, when adverse to the 
appellant, may be appealed to the Board of Land Appeals, Office of 
Hearings and Appeals, pursuant to part 4 of this title.
    (f) Any party, other than the operator, aggrieved by a decision of 
the authorized officer shall utilize the appeals procedures in part 4 
of this title. The filing of such an appeal shall not stop the 
authorized officer's decision from being effective.
    (g) Neither the decision of the authorized officer nor the State 
Director shall be construed as final agency action for the purpose of 
judicial review of that decision.


Sec. 3809.5  Public availability of information.

    (a) Information and data submitted and specifically identified by 
the operator as containing trade secrets or confidential or privileged 
commercial or financial information shall not be available for public 
examination. Other information and data submitted by the operator shall 
be available for examination by the public at the office of the 
authorized officer in accordance with the provisions of the Freedom of 
Information Act.
    (b) The determination concerning specific information which may be 
withheld from public examination shall be made in accordance with the 
rules in 43 CFR part 2.


Sec. 3809.6  Special provisions relating to mining claims patented 
within the boundaries of the California desert conservation area.

    In accordance with section 601(f) of the Federal Land Policy and 
Management Act of October 21, 1976, all patents issued on mining claims 
located within the boundaries of the California Desert Conservation 
Area after the enactment of the Federal Land Policy and Management Act 
shall be subject to the regulations in this part, including the 
continuation of a plan of operations and of bonding with respect to the 
land covered by the patent.

PART 9260--LAW ENFORCEMENT--CRIMINAL

    11. The authority citation for part 9260 continues to read as 
follows:

    Authority: 16 U.S.C. 433; 16 U.S.C. 4601-6a; 16 U.S.C. 670j; 16 
U.S.C. 1246(i); 16 U.S.C. 1338; 18 U.S.C. 1851-1861; 18 U.S.C. 3551 
et seq.; 43 U.S.C. 315(a); 43 U.S.C. 1061, 1063; 43 U.S.C. 1733.

    12. Amend part 9260 by suspending Sec. 9263.1

[FR Doc. 01-7071 Filed 3-22-01; 8:45 am]
BILLING CODE 4310-84-P