ARIZONA MINING PERMITTING GUIDE - AZGS Document Repository

Arizona Mining Permitting Guide
BLM Notices, Plans and Occupancy for Mining Claims - Continued
Areas designated as part of the National Wilderness Preservation System administered
by BLM. Because such lands are withdrawn, the processing of a Plan of Operations is
also subject to the mineral examination procedures under 3809.100.
Areas designated as “closed” to off-road vehicle use, as defined in 43 C.F.R. 8340.0-5.
However, a Plan of Operations is not required for areas with a “limited” designation,
even if such a designation limits travel to existing roads and trails and the surface
disturbance would occur off-road. An accepted Notice or approved Plan of Operations
constitutes OHV authorization in limited or closed areas, respectively. A separate
authorization is not required for operations in these areas.
Any lands or waters known to contain Federally proposed or listed threatened or
endangered species or their proposed or designated critical habitat, unless BLM allows
for other action under a formal land-use plan or threatened or endangered species
recovery plan.
National Monuments and National Conservation Areas administered by BLM. A Plan
of Operations is always required for surface disturbance greater than casual use in
these areas. In addition, many of these areas are withdrawn and the processing of a
Plan of Operations is also subject to the mineral examination procedures under
3809.100.
Lands patented under the Stock Raising Homestead Act (SRHA) with Federal
minerals. A Plan of Operations is always required for activity greater than casual use
on these lands where the operator does not have the written consent of the surface
owner. The requirements at 43 C.F.R. 3814 are also applicable for processing these
Plans.
On split estate lands other than those patented under the SRHA, either a Notice or Plan
of Operations must be filed with BLM regardless of whether the operator has surface
owner consent.
Concurrence for occupancy is required whenever residential occupancy is proposed or when
fences, gates or signs will be used to restrict public access or when structures (permanent or
temporary) that could be used for shelter in nonemergency situations are placed on a mining
claim, millsite, or federal lands. To obtain concurrence, a claimant must submit a 43 C.F.R.
3715 filing.
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