43 C.F.R. § 3809.1
What are the purposes of this subpart?
The purposes of this subpart are to:
(a) Prevent unnecessary or undue degradation of public lands by operations authorized by the mining laws. Anyone intending to develop mineral resources on the public lands must prevent unnecessary or undue degradation of the land and reclaim disturbed areas. This subpart establishes procedures and standards to ensure that operators and mining claimants meet this responsibility; and
(b) Provide for maximum possible coordination with appropriate State agencies to avoid duplication and to ensure that operators prevent unnecessary or undue degradation of public lands.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1998–2021 · leading case: Te-Moak Tribe of Western Shoshone v. United States Department of Interior
Te-Moak Tribe of Western Shoshone v. United States Department of Interior (2010)
“” 43 C.F.R. § 3809.1 (a). By their terms, the regulations govern the proposals and activities of mining operators.”
Center for Biological Diversit v. Ken Salazar (2013)
“§ 1732 (b); see also 43 C.F.R. § 3809.1 . When viewed in isolation, section 3809.”
United States v. Allen (2020)
“Allen that his mining activities did not comply with regulations under 43 C.F.R. § 3809.1 [promulgated under the Federal Land Policy Management Act (FLPMA)] which imposes notice and plan of operation requirements for mining operations on federal land.”
Gros Ventre Tribe v. United States (2004)
“” In 1984, the State and BLM entered into an MOU to address “the administration of plans of operations filed after the effective date of the regulations and involving greater than 5 acres of surface disturbance pursuant to 43 CFR 3809.1.” After granting the initial permits to…”
Northwest Mining Ass'n v. Babbitt (1998)
“1-3 (a)-(c)); and “plan” level use, where more than five acres per calendar year are disturbed and where the operator must submit a detailed plan of all operations and reclamation to be undertaken to the BLM for approval ( 43 C.F.R. § 3809.1 — 9(b)). The original regulations…”
Kaysee Nitta v. United States (2021)
“§ 1732 (b); see also 43 C.F.R. § 3809.1 . Additionally, BLM’s decision about whether to reclaim a § 3809 site like Rainbow Mill requires it to make policy judgments on how to prioritize sites and distribute its limited resources in doing so.”
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