43 CFR 3809.300 - Does this subpart apply to my existing notice-level operations?

Code of Federal Regulations - Title 43: Public Lands: Interior

Updated to: October 01, 2010

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Text

Title 43: Public Lands: Interior

Subtitle B: Regulations Relating to Public Lands (Continued)

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

: Operations Conducted Under Notices

3809.300 - Does this subpart apply to my existing notice-level operations

To see how this subpart applies to your operations conducted under a notice and existing on January 20, 2001, follow this table:

If BLM has received your complete notice before January 20, 2001?	Then?
(a) You are the operator identified in the notice on file with BLM on January 20, 2001	You may conduct operations for 2 years after January 20, 2001 under the terms of your existing notice and the regulations in effect immediately before that date. (See 43 CFR parts 1000-end, revised as of Oct. 1, 1999.) After 2 years, you may extend your notice under ? 3809.333. BLM may require a modification under ? 3809.331(a)(1). See ? 3809.503 for financial guarantee requirements applicable to notices.
(b) You are a new operator, that is, you were not the operator identified in the notice on file with BLM on January 20, 2001	The provisions of this subpart, including ? 3809.320, govern your operations for 2 years after January 20, 2001, unless you extend your notice under ? 3809.333.
(c) You later modify your notice	(1) You may conduct operations on the original acreage for 2 years after January 20, 2001 under the terms of your existing notice and the regulations in effect immediately before that date (See 43 CFR parts 1000-end, revised as of Oct. 1, 2000.) After 2 years, you may extend your notice under ? 3809.333. BLM may require a modification under ? 3809.331(a)(1). See ? 3809.503(b) for financial guarantee requirements applicable to notices.
	(2) Your operations on any additional acreage come under the provisions of this subpart, including ?? 3809.11 and 3809.21, and may require approval of a plan of operations before the additional surface disturbance may.
(d) Your notice has expired	You may not conduct operations under an expired notice. You must promptly submit either a new notice under ? 3809.301 or a plan of operations under ? 3809.401, whichever is applicable, or immediately begin to reclaim your project area. See ?? 3809.11 and 3809.21.