ARIZONA MINING PERMITTING GUIDE - AZGS Document Repository

TOPIC
Resolution
of
Unauthorized
Use and
Occupancy.
Appeals
Undue or
Unnecessary
Degradation
Arizona Mining Permitting Guide
FOREST SERVICE BUREAU OF LAND MANAGEMENT
cases.
Upon a finding that the
occupancy or use is not
reasonably incident to mining, or
approved in an approved plan of
operations, willing cooperation in
resolving the trespass will be
sought. A notice of noncompliance
and/or legal remedies
will be utilized as needed.
Related NEPA decisions are
subject to appeal in accordance
with 36 CFR 215 regulations for
those actions on Forest Service
lands. Decisions affecting
authorization for mining
activities are subject to appeal by
the proponent under 36 CFR 251
regulations. The proponent may
appeal under 251 or 215, but not
both.
Matters such as mining claim
validity are heard before the
Department of the Interior, Office
of Hearings and Appeals.
37
Upon a finding that the occupancy or use is not
reasonably incident to mining, four avenues for
resolution of trespass:
1) Temporary Suspension Order
2) Cessation Order
3) Notice of Non-Compliance
4) Authorization by other means
Appeal filed with the decision issuing office.
The appeal by an operator is reviewed by the
State Director under 43 CFR 3809.801.
Decisions of the State Director appealed to the
Interior Board of Land Appeals (43 CFR Part
4). Where questions of fact need to be resolved
in 3809 cases, there is a hearing before
Administrative Law Judge, with appeal of
adverse decision to the IBLA. 3802 appeals go
directly to IBLA.
3715 Notices of Non-Compliance, Suspension
Orders and Cessation Orders are appealed
directly to IBLA.
Appeals filed by a third party for a 3809 action
are sent directly to IBLA.
N/A 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 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.