C.F.R. » Title 43 » CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER C—MINERALS MANAGEMENT (3000) › PART 3800—MINING CLAIMS UNDER THE GENERAL MINING LAWS › Subpart 3809—Surface Management

43 C.F.R. § 3809.431

When must I modify my plan of operations?

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You must modify your plan of operations when any of the following apply:

(a) Before making any changes to the operations described in your approved plan of operations;

(b) When BLM requires you to do so to prevent unnecessary or undue degradation; and

(c) Before final closure, to address impacts from unanticipated events or conditions or newly discovered circumstances or information, including the following:

(1) Development of acid or toxic drainage;

(2) Loss of surface springs or water supplies;

(3) The need for long-term water treatment and site maintenance;

(4) Repair of reclamation failures;

(5) Plans for assuring the adequacy of containment structures and the integrity of closed waste units;

(6) Providing for post-closure management; and (7) Eliminating hazards to public safety.

Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Reoforce, Inc. v. United States
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Reoforce, Inc. v. United States (2014) uscfc “See 43 C.F.R. § 3809.431 ; see also id. § 432(a) (explaining that the “BLM will review and approve a modification of your plan of operations in the same manner as it reviewed and approved your initial plan [of operations]”).”
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