UNITED STATES DEPARTMENT OF THE
INTERIOR
BUREAU OF LAND
MANAGEMENT
WASHINGTON, DC
20240-0036
http://www.blm.gov/
September 7, 2016
In Reply Refer To:
3830 (320)
P
EMS TRANSMISSION 09/13/2016
Instruction Memorandum No.
2016-149
Expires: 09/30/2019
To:
State Directors, (NV, ID, OR, UT, MT,
WY)
From:
Assistant Director - Energy, Minerals, and Realty
Management
Subject:
Guidance on 43 CFR 3809.100 and its
Application
Program Area: Mining Law
Administration
Purpose: To provide guidance on processing
mining plans of operations and notices within segregated lands, including
Sagebrush Focal Areas
Policy/Action:
This policy applies to all segregated lands, including the Sagebrush Focal
Areas (SFA) that are segregated until no later than September 23,
2017. Under the BLM's regulations at 43 C.F.R. 3809.100, field
managers have discretion to require a validity determination before
approving a plan or acknowledging notice-level operations on segregated
lands. Due to limited availability of qualified BLM personnel, the
cost to all parties, and the time required to conduct validity
examinations, field managers must exercise this discretion
carefully. Field managers should always discuss all alternatives
with the State Office Mining Law Program lead and a certified mineral
examiner (CME) and/or certified review mineral examiner (CRME) and consult
BLM Handbook H-3809-1 section 8.1.
The discretion under 43
CFR 3809.100 to determine the validity of mining claims on segregated
lands is consistent with the BLM’s broad discretion to determine the
validity of a mining claim for any reason prior to the issuance of a
patent. It is the BLM’s policy to exercise this discretion on a
case-by-case basis.
For plans and notices
already approved or acknowledged before the segregation date, there is no
requirement to determine validity. The operations continue
unaffected unless or until there is a material change in the activity that
would require a modification. Modifications to operations within
segregated areas will trigger the application of 43 CFR 3809.100.
Consequently, the BLM will apply the same considerations discussed above
before acknowledging the modified notice or approving a plan modification
on segregated lands.
Due to the magnitude of the proposed withdrawal of
the SFAs, BLM employees who may not have previous experience with Mining
Law issues may need additional guidance. Attached is a list of Q
& A’s (Attachment 1) that explain some of the applicable terms and
concepts associated with the guidance
below.
Timeframe: Effective
immediately.
Budget Impact: This
policy will result in negligible budgetary
impacts.
Background: Section 204 of
FLPMA (43 USC 1714) gives the Secretary of the Interior authority to
withdraw lands from the operation of the public land laws, including the
mining laws, subject to valid existing rights. Under section 204 of
FLPMA and the BLM’s regulations at 43 CFR 2310.2(a), when the Secretary
publishes notice of a proposed withdrawal in the Federal Register, the
lands become segregated from the operation of the mining laws to the
extent specified in the notice for up to two years while the Secretary
considers the proposed withdrawal. On [add date], the Assistant
Secretary for Land and Minerals Management approved an application to
withdraw from location and entry under the Mining Law of 1872,
approximately 10 million acres of SFAs located on public and National
Forest System lands as part of the Greater Sage-Grouse implementation
strategy. On September 24, 2015, the Secretary published a “Notice
of Proposed Withdrawal” in the Federal Register (80 FR 57635, Attachment
2).
Manual/Handbook Sections
Affected: BLM Handbook 43 CFR 3809-1 is clarified by this
instruction. This guidance expands and supplements that contained in
the handbook and
IM-WO-2010-088.
Coordination: WO Solicitors
and WO-320 Staff.
Contact: If you have any
questions or comments regarding this IM, please contact Rick Deery at
202-912-7119 or Adam Merrill at 202-912-7044 of the Division of Solid
Minerals (WO-320). If you need access to a CME or CRME contact Matt
Shumaker at the Chief Mineral Examiner’s office at
602-906-5526.
Signed
by:
Authenticated by:
Michael D.
Nedd
Robert M. Williams
Assistant
Director Division
of IT Policy and Planning,WO-870
Energy, Minerals, and Realty Management
2 Attachments
1
– 43 CFR 3809.100(a) Q & A’s (4
pp)
2
- Federal Register notice of proposed withdrawal of SFAs (3
pp)
