Mining and Reclamation Plans. (43 CFR 3601.40)

Bureau of Land Management, Interior

§ 3601.42

RIGHTS OF PURCHASERS AND
PERMITTEES
§ 3601.20

Rights of parties.

§ 3601.21 What rights does a person
have under a materials sales contract or use permit?
(a) Unless otherwise provided, if you
are a purchaser under a sales contract
or a free use permittee, you have the
right to:
(1) Extract, remove, process, and
stockpile the material until the contract or permit terminates, regardless
of any rights others acquire later under
the provisions of the general land laws;
and
(2) Use and occupy the described
lands to the extent necessary for fulfillment of the contract or permit.
(b) Users of the lands covered by your
materials sales contract or free use
permit who acquire their rights later
than the date BLM designated the
tract for mineral materials disposal
will be subject to your existing use authorization, as provided in § 3602.12.
This applies to uses due to any later
settlement, location, lease, sale, or
other appropriation under the general
land laws, including the mineral leasing and mining laws.
§ 3601.22 What rights remain with the
United States when BLM sells or
issues a permit for mineral materials?
Your sale contract or use permit is
subject to the continuing right of the
United States to issue leases, permits,
and licenses for the use and occupancy
of the lands, if such use would not endanger or materially interfere with the
production or removal of materials
under contract or permit.

rfrederick on PROD1PC67 with CFR

PRE-APPLICATION SAMPLING AND
TESTING
§ 3601.30 Pre-application
activities—
how and when may I sample and
test mineral materials?
(a) BLM may authorize you in writing to sample and test mineral materials. The authorization letter expires
after 90 days, but BLM may extend it
for an additional 90 days if you show us
that an extension is necessary. BLM
may authorize these activities before

issuing a sales contract or free use permit.
(b) You must submit your sampling
and testing findings to BLM. All information you submit under this section
is subject to part 2 of this title. That
part sets forth the rules of the Department of the Interior relating to public
availability of information contained
in Departmental records. (See § 3601.8.)
(c) A letter from BLM authorizing
you to sample and test mineral materials does not give you a preference
right to a sales contract or free use
permit.
(d) BLM may impose bonding and
reclamation requirements on sampling
and testing that you conduct under an
authorization letter.
MINING AND RECLAMATION PLANS
§ 3601.40 Mining
plans.

and

reclamation

BLM may require you to submit mining and reclamation plans before we
begin any environmental review or
issue a contract or permit. You may
combine these plans in one document.
§ 3601.41 What information must I include in my mining plan?
If BLM requires you to submit a mining plan, it must include:
(a) A map, sketch, or aerial photograph identifying the area for which
you are applying, the area and depth
you plan to disturb, existing and proposed access, and the names and locations of major topographic and known
cultural features;
(b) A description of your proposed
methods of operation and the periods
during which you will operate;
(c) A description of measures you will
take to prevent hazards to public
health and safety and to minimize and
mitigate environmental damage; and
(d) Such other information as BLM
may require.
§ 3601.42 What information must I include in my reclamation plan?
If BLM requires you to submit a reclamation plan, it must include:
(a) A statement of the proposed manner and time in which you will complete reclamation of the areas disturbed by your operations;

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