(a) You must submit a plan of operations and obtain BLM's approval before beginning operations greater than casual use, except as described in § 3809.21. Also see §§ 3809.31 and 3809.400 through 3809.434.
(b) You must submit a plan of operations for any bulk sampling in which you will remove 1,000 tons or more of presumed ore for testing.
(c) You must submit a plan of operations for any operations causing surface disturbance greater than casual use in the following special status areas where § 3809.21 does not apply:
(1) Lands in the California Desert Conservation Area (CDCA) designated by the CDCA plan as “controlled” or “limited” use areas;
(2) Areas in the National Wild and Scenic Rivers System, and areas designated for potential addition to the system;
(3) Designated Areas of Critical Environmental Concern;
(4) Areas designated as part of the National Wilderness Preservation System and administered by BLM;
(5) Areas designated as “closed” to off-road vehicle use, as defined in § 8340.0-5 of this title;
(6) Any lands or waters known to contain Federally proposed or listed threatened or endangered species or their proposed or designated critical habitat, unless BLM allows for other action under a formal land-use plan or threatened or endangered species recovery plan; and
(7) National Monuments and National Conservation Areas administered by BLM.
Notes of Decisions
Freeman v. United States, 875 F.3d 623 (Fed. Cir. 2017).
“4 (a)(4) (2016) (requiring plan of operations to the Forest Service), with 43 C.F.R. § 3809.11 (2016) (requiring plan of operations to the BLM).”
Ctr. for Biological Diversit v. Ken Salazar, 706 F.3d 1085 (9th Cir. 2013).
“Appellants thus conclude that BLM violated 43 C.F.R. § 3809.11 by allowing Denison to mine without having an effective plan- of operations and that BLM thereby failed to comply with its duty under the FLPMA to ensure that the Arizona 1 Mine does not cause “unnecessary or undue…”
Reoforce, Inc. v. United States, 118 Fed. Cl. 632 (Fed. Cl. 2014).
· cites it 4× “” 43 C.F.R. § 3809.11 (a). 2 This requirement has been in place since 1980, when the BLM promulgated surface management regulations for mining operations, to prevent “unnecessary or undue degradation of federal lands which may result from operations authorized by the mining laws.”
Ctr. for Biolo v. Doi (9th Cir. 2009).
· cites it 2× “See 43 C.F.R. §§ 3809.11 , 3809.21. “Casual use means activities ordinarily resulting in no or negligible disturbance of the public lands or resources,” such as collection of mineral specimens using hand tools.”
Earthworks v. U.S. Dep't of the Interior (D.D.C. 2020).
“As a matter of both 2 Approval of a “plan of operations” is generally required “before beginning operations greater than casual use,” 43 C.F.R. § 3809.11 , though certain smaller-scale activities require only a “notice of operations,” id.”
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