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• Transfers (43 CFR 3106)
• Continuation (43 CFR 3107)
• Termination (43 CFR 3108)
Operations that involve the mining or extraction of minerals described above may
be subject to Title 43 CFR Part 3809 if the operations degrade BLM land as described in
Title 43 CFR Part 3809. Title 43 CPR Part 3809 establishes procedures to prevent
unnecessary or undue degradation of federal lands that may result from the operation of
authorized mineral operations. This section also provides for reclamation of disturbed
areas and coordination with appropriate state agencies. All mining operations on federal
lands or requiring access across federal lands are required to notify the District Office of
the BLM having jurisdiction over the disturbed land (43 CFR 3809.1-3).
When a mining project is proposed to disturb an area in excess of five acres, an
approved plan of operations is required (43 CPR 3809.1-4 through 1-9). This plan should
describe the nature of the proposed disturbance, the steps to protect surface resources,
and proposed steps to reclaim the land after cessation of mining. Operations filing such a
plan require a National Environmental Policy Act environmental assessment prepared by
the BLM (43 CFR 3809.2). All disturbances of federal land shall comply with federal
and state laws including, but not limited to, those concerning air quality, water quality,
solid waste, fisheries, wildlife, plant habitat, cultural and paleontological activities, and
protection of survey monuments.
Permits. special reports. and fees
Operations in excess of five acres requires an operations plan as described above
(43 CFR 3809). Lease agreements, with appropriate documentation and bonds as
necessary, are required and described in 43 CPR 3000.
References
New Mexico Energy, Minerals, and Natural Resources Department, Mining and Mineral
Division, Mine Registration and Geological Services, 1992, Permit Requirements
for Energy and Minerals in New Mexico: New Mexico Energy, Minerals, and
Natural Resources Department. Santa Fe, NM, 62 pp.
U.S. Department of Interior. 1993, Code of Federal Regulations Title 43, Public Lands:
Interior. Subtitle B. Subchapter C, Parts 3000 to 3999: Office of the Federal
Register, National Archives and Records Administration, Washington, DC, 90S
pp.
National Environmental Polley Act
The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., was
enacted in 1969 and has been amended several times, most recently in 1993. NEPA
establishes a national environmental policy requiring actions that involve federal agencies
or federal funding to consider all significant aspects of the environmental effect(s) of a
proposed action in the agency's decision-making process and to notify the pUblic.
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