43 C.F.R. § 3832.34

How may I use my mill site?

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(a) Upon obtaining authorization under the surface management regulations of the surface managing agency, you may use and occupy dependent mill sites for:

(1) Placement of grinding, crushing, or milling facilities (such as rod and ball mills, cone crushers, and floatation cells) and reduction facilities (such as smelting, electro-winning, roasters, autoclaves, and leachate recovery);

(2) Mine administrative and support buildings, warehouses and maintenance buildings, electrical plants and substations;

(3) Tailings ponds and leach pads;

(4) Rock and soil dumps;

(5) Water and process treatment plants; and

(6) Any other use that is reasonably incident to mine development and operation, except for uses exclusively supporting reclamation or mine closure.

(b) Upon obtaining authorization under the surface management regulations of the surface managing agency, you may use and occupy independent mill sites for processing metallic minerals from lode claims using:

(1) Quartz or stamp mills; or

(2) Reduction works, including placement of grinding, crushing, or milling facilities (such as rod and ball mills, cone crushers, and floatation cells), reduction facilities (such as smelting, electro-winning, roasters, autoclaves, and leachate recovery), tailings ponds, and leach pads.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2007–2022 · leading case: Hydro Resources Corp. v. Gray, 173 P.3d 749 (N.M. 2007).
Hydro Resources Corp. v. Gray, 173 P.3d 749 (N.M. 2007). · cites it 3× “See 43 C.F.R. § 3832.34 . Water development facilities are one way to establish and hold mill sites in connection with mining claims.”
Ctr. for Biological Diversity v. Usfws, 33 F.4th 1202 (9th Cir. 2022). “” 43 C.F.R. § 3832.34 (a)(3), (a)(4), (a)(6).”
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