43 CFR Part 3838

§ 3837.24

43 CFR Ch. II (10–1–15 Edition)

§ 3837.24 What kind of evidence must I
submit to BLM to show I have properly notified the delinquent coclaimant?
(a) If you gave written notice to the
delinquent co-claimant by personal
service, you must sign and submit a
notarized affidavit explaining how and
when you delivered the written notice
to the delinquent co-claimant.
(b) If you gave written notice to the
delinquent co-claimant by mail, you
must submit:
(1) A copy of the notice you mailed to
the delinquent co-claimant; and
(2) A copy of the signed U.S. Postal
Service return receipt from the registered or certified envelope in which
you sent the notice to the delinquent
co-claimant.
(c) If you published the notice in a
newspaper, you must submit:
(1) A statement from the newspaper
publisher or the publisher’s authorized
representative describing the publication, including the beginning and ending dates of publication;
(2) A printed copy of the published
notice; and
(3) A notarized affidavit attesting
that you conducted a diligent search
for the delinquent co-claimant, you
could not locate the delinquent coclaimant, and therefore notification by
publication was necessary.

Subpart C—Resolving Co-Claimant Disputes About Acquiring
a Delinquent Co-Claimant’s
Interests

Lhorne on DSK5TPTVN1PROD with CFR

§ 3837.30 Disputes about acquiring a
delinquent co-claimant’s interests.
If co-claimants are engaged in a dispute regarding the acquisition of a delinquent co-claimant’s interests—
(a) The co-claimants must resolve
the dispute, without BLM involvement,
in a court of competent jurisdiction or
proceeding as permitted within the
state where the disputed claims are located.
(b) The co-claimants must file with
BLM a certified copy of the judgment,
decree, or settlement agreement resolving the dispute before BLM will update its records.

PART 3838—SPECIAL PROCEDURES
FOR LOCATING AND RECORDING MINING CLAIMS AND TUNNEL SITES ON STOCKRAISING
HOMESTEAD ACT (SRHA) LANDS
Subpart A—General Provisions
Sec.
3838.1 What are SRHA lands?
3838.2 How are SRHA lands different from
other Federal lands?
3838.3 What rules must I follow to explore
for minerals and locate mining claims on
SRHA lands?

Subpart B—Locating and Recording Mining
Claims and Tunnel Sites on SRHA Lands
3838.10 Procedures for locating and recording a mining claim or tunnel site on
SRHA lands.
3838.11 How do I locate and record mining
claims or tunnel sites on SRHA lands?
3838.12 What must I include in a NOITL on
SRHA lands?
3838.13 What restrictions are there on submitting a NOITL on SRHA lands?
3838.14 What will BLM do when I submit a
NOITL for SRHA lands?
3838.15 How do I benefit from properly submitting a NOITL on SRHA lands?
3838.16 What happens if the surface owner of
the SRHA lands changes?
3838.17 How do I locate mining claims or
tunnel sites after I follow the NOITL
Procedures?

Subpart C—Compliance Problems
3838.90 Failure to comply with this part.
3838.91 What if I fail to comply with this
part?
AUTHORITY: 43 U.S.C. 299(b), 1201, 1457, 1740,
1744; 30 U.S.C. 22 et seq.
SOURCE: 68 FR 61079, Oct. 24, 2003, unless
otherwise noted.

Subpart A—General Provisions
§ 3838.1

What are SRHA lands?

SRHA lands are lands that were—
(a) Patented under the Stockraising
Homestead Act of 1916, as amended (30
U.S.C. 54 and 43 U.S.C. 299); or
(b) Originally entered under the
Homestead Act of 1862, as amended,
and patented under the SRHA after December 29, 1916.

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Bureau of Land Management, Interior

§ 3838.12

§ 3838.2 How are SRHA lands different
from other Federal lands?
SRHA lands are different from other
Federal lands in that the United States
owns the mineral estate of SRHA
lands, but not the surface estate. Patents issued under the SRHA, and
Homestead Act entries patented under
the SRHA, reserved the mineral estate
to the United States along with the
right to enter, mine, and remove any
reserved minerals that may be present
in the mineral estate.
§ 3838.3 What rules must I follow to explore for minerals and locate mining claims on SRHA lands?
(a) The regulations in this part describe how to notify the surface owner
before exploring for minerals or locating a mining claim on the mineral estate of SRHA lands.
(b) If you own the surface estate of
SRHA lands and want to explore for
minerals or locate a mining claim on
the Federally-reserved mineral estate,
you do not need to follow the requirements in this part, but you must follow
the requirements in parts 3832, 3833,
3834 and 3835 of this chapter.

Subpart B—Locating and Recording Mining Claims and Tunnel
Sites on SRHA Lands
§ 3838.10 Procedures for locating and
recording a mining claim or tunnel
site on SRHA lands.

Lhorne on DSK5TPTVN1PROD with CFR

§ 3838.11 How do I locate and record
mining claims or tunnel sites on
SRHA lands?
(a) You must—
(1) Submit a notice of intent to locate mining claims form (NOITL),
which you may obtain from BLM, with
the proper BLM State Office and submit a non-refundable service charge for
processing the NOITL (see the table of
fees in § 3830.21 of this chapter);
(2) Serve a copy of the NOITL on the
surface owner(s) of record, by registered or certified mail, return receipt
requested; and
(3) Submit proof to BLM that you
served a copy of the NOITL on the surface owner(s) to complete submission
of a NOITL with BLM.

(b) You can submit the NOITL to
BLM and serve a copy of the NOITL on
the surface owner(s) at the same time.
(c) If you want to explore parcels of
land that are owned by different people, you must submit a separate NOITL
for each parcel of land.
(d) You must—
(1) Wait 30 days after you serve the
surface owner(s) with the NOITL before
entering the lands to explore for minerals or locate a mining claim or tunnel site; and
(2) Follow procedures for locating
mining claims and tunnel sites in part
3832, recording mining claim and tunnel sites in part 3833, and annual maintenance of mining claims in parts 3834
and 3835 of this chapter.
§ 3838.12 What must I include in a
NOITL on SRHA lands?
A NOITL must include:
(a) The names, mailing address, and
telephone numbers of everyone who is
filing the NOITL. An agent may file
the NOITL on behalf of others as long
as the NOITL is accompanied with
proof that the agent is authorized to
act on behalf of the others.
(b) Information about the surface
owners, including:
(1) The names, mailing addresses, and
telephone numbers of all known surface owners of the parcel of land you
want to enter;
(2) Evidence of surface ownership of
all parcels covered by the NOITL obtained from the tax records of the local
government. The evidence must show
the name of the persons paying the
taxes, and must contain a legal description of the taxed parcel.
(3) A description of the lands covered
by the NOITL, including:
(i) The total number of acres to the
nearest whole acre; and
(ii) A map and legal land description
to the nearest 5-acre subdivision or lot
based on a U.S. Public Land Survey of
the lands covered by the NOITL, including access routes; and
(4) A brief description of the proposed
mineral activities, including:
(i) The name, mailing address, and
telephone number of the person who
will be managing the activities, and
(ii) A list of the dates on which the
activities will take place.

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§ 3838.13

43 CFR Ch. II (10–1–15 Edition)

(a) At any one time, you or your affiliates may not hold NOITLs for more
than 1,280 acres of land owned by a single surface owner in any one state.
(b) At any one time, you or your affiliates may not hold NOITLs for more
than 6,400 acres of land in any one
state.
(c) Your NOITL will expire 90 days
after you submit it with BLM, unless
you submit to BLM a plan of operations that complies with part 3809 of
this chapter within the 90-day period.
(d) After your NOITL expires, you are
not allowed to submit another NOITL
for the same lands until 30 days after
the expiration of the previously-filed
NOITL.
(e) Only those persons whose names
are listed on the properly-submitted
NOITL, or their agents, will be allowed
to explore for minerals or locate mining claims or tunnel sites on the lands
covered by the NOITL.
(f) For purposes of this section, the
term ‘‘affiliates’’ means, with respect
to any person, any other person which
controls, is controlled by, or is under
common control with, such person.

(4) You must not construct roads or
drill pads.
(b) For 90 days after BLM accepts
your NOITL, no other person, including
the surface owner, may—
(1) Submit a NOITL for any lands included in your NOITL;
(2) Explore for minerals or locate a
mining claim on the lands included in
your NOITL; or
(3) File an application to acquire any
interest under section 209 of FLPMA
and part 2720 of this chapter in the
lands included in your NOITL.
(c) If you file a plan of operations
under subpart 3809 of this chapter with
BLM, as provided in Section 1 of the
Act of April 16, 1993, 43 U.S.C. 299(b),
within the 90-day period, BLM will extend the effects of the 90-day period
until BLM approves or denies the plan
of operations under subpart 3809.
(d) Before you conduct mineral activities, you must post a bond or other
financial guarantee to cover completion of reclamation (see subpart 3809 of
this chapter), compensation to the surface owner for permanent damages to
the surface and loss or impairment of
the surface, and to cover permanent
loss of income due to reduction in the
owner’s use of the land.

§ 3838.14 What will BLM do when I
submit a NOITL for SRHA lands?

§ 3838.16 What happens if the surface
owner of the SRHA lands changes?

When BLM accepts a properly completed and executed NOITL, we will
note the official land status records.
The 90-day segregation period begins
the day we receive a complete NOITL.

If the surface owner transfers all or
part of the surface to a new owner after
you have recorded a NOITL and served
it on the surface owner, you do not
have to serve a copy of the NOITL on
the new surface owners.

§ 3838.15 How do I benefit from properly submitting a NOITL on SRHA
lands?

Subpart C—Compliance Problems

Lhorne on DSK5TPTVN1PROD with CFR

§ 3838.13 What restrictions are there
on submitting a NOITL on SRHA
lands?

(a) For a 90-day period after you submit a NOITL with BLM and 30 days
after you give notice to the surface
owner:
(1) You may enter the lands covered
by the NOITL to explore for minerals
and locate mining claims (see § 3838.10
for location procedures);
(2) You may cause only minimal disturbance of the surface resources on
the lands covered by the NOITL;
(3) You must not use mechanized
earthmoving equipment, explosives, or
toxic or hazardous materials; and

§ 3838.90 Failure to comply with this
part.
§ 3838.91 What if I fail to comply with
this part?
If you fail to comply with the requirements in this part, the NOITL is
void. Mining claims or tunnel sites located under a void NOITL are null and
void from the beginning and we will
cancel them.

PART 3839—SPECIAL LAWS, IN ADDITION TO FLPMA, THAT REQUIRE

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