C.F.R. » Title 43 » CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER C—MINERALS MANAGEMENT (3000) › PART 3710—PUBLIC LAW 167; ACT OF JULY 23, 1955 › Subpart 3715—Use and Occupancy Under the Mining Laws

43 C.F.R. § 3715.0-1

What are the purpose and the scope of this subpart?

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(a) Purpose. The purpose of this subpart is to manage the use and occupancy of the public lands for the development of locatable mineral deposits by limiting such use or occupancy to that which is reasonably incident. The Bureau of Land Management (BLM) will prevent abuse of the public lands while recognizing valid rights and uses under the Mining Law of 1872 (30 U.S.C. 22 et seq.) and related laws governing the public lands, regardless of when those rights were created. BLM will take appropriate action to eliminate invalid uses, including unauthorized residential occupancy of the public lands.

(b) Scope. This subpart applies to public lands BLM administers. They do not apply to state or private lands in which the mineral estate has been reserved to the United States. They do not apply to Federal lands administered by other Federal agencies, even though those lands may be subject to the operation of the mining laws.

(c) This subpart does not impair the right of any person to engage in recreational activities or any other authorized activity on public lands BLM administers.

Notes of Decisions
Cited in 1 case, 2001–2001 · leading case: United States of Am.,plaintiff-Appellee v. Gerald A. Henderson, 243 F.3d 1168 (9th Cir. 2001).
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United States of Am.,plaintiff-Appellee v. Gerald A. Henderson, 243 F.3d 1168 (9th Cir. 2001). “See 43 C.F.R. § 3715.0-1 (discussing the purpose and scope of part 3715).”
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