(a) Except as provided in paragraph (b) of this section, you must not extract, sever, or remove mineral materials from public lands under the jurisdiction of the Department of the Interior, unless BLM or another Federal agency with jurisdiction authorizes the removal by sale or permit. Violation of this prohibition constitutes unauthorized use.
(b) If you own the surface estate of lands with reserved Federal minerals, you may use mineral materials within the boundaries of your surface estate without a sales contract or permit only in the following circumstances:
(1) You use a minimal amount of mineral materials for your own personal use;
(2) You have statutory authority to use the mineral materials; or
(3) You have other express authority to use the mineral materials.
Notes of Decisions
United States v. Osage Wind, LLC, 871 F.3d 1078 (10th Cir. 2017).
· cites it 2× “We do not defer to these BLM documents because they explain the effect of a separate regulation, 43 C.F.R. § 3601.71 . 8 That regulation—promulgated and administered by BLM, a separate bureau within DOI—governs mineral extraction activities on “public lands,” which is expressly…”
— 43 C.F.R. § 3601.71(a) — 1 case
United States v. Osage Wind, LLC, 871 F.3d 1078 (10th Cir. 2017).
“We do not defer to these BLM documents because they explain the effect of a separate regulation, 43 C.F.R. § 3601.71 . 8 That regulation—promulgated and administered by BLM, a separate bureau within DOI—governs mineral extraction activities on “public lands,” which is expressly…”
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