43 CFR 3601.71 - What constitutes unauthorized use?

Cite as43 CFR 3601.71
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11 practice notes
  • United States v. Osage Wind, LLC, Nos. 15-5121 & 16-5022.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • September 18, 2017
    ...us to BLM guidance materials that require a mineral lease for large-scale excavation work. In a preamble to the final rule adopting 43 C.F.R. § 3601.71 —a separate and unrelated regulation to the one at issue in this case—the BLM explained that "a contract or permit" is required when a surf......
  • United States v. Osage Wind, LLC, No. 15-5121
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • September 18, 2017
    ...and the lease requirement in § 214.7. We do not defer to these BLM documents because they explain the effect of a separate regulation, 43 C.F.R. § 3601.71.8 That regulation—promulgated and administered by BLM, a separate bureau within DOI—governs mineral extraction activities on "public lan......
  • United States v. Allen, Criminal Action No. 16-cr-00169-MSK-GPG
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Colorado
    • August 1, 2019
    ..."extract, sever, or remove mineral materials from public lands . . . unless BLM . . . authorizes the removal by sale or permit." 43 C.F.R. § 3601.71(a). The Court understands that the Government's position is that Mr. Allen lacked the required BLM permit or other legal authorization to remo......
  • Notice of Realty Action: Competitive Sale of 20 Parcels of Public Land in Clark County, NV; Termination of Recreation and Public Purposes Classification
    • United States
    • Federal Register July 09, 2018
    • July 9, 2018
    ...this mineral reservation as it relates to mineral materials, such as sand and gravel, we refer interested parties to the regulations at 43 CFR 3601.71(b), which provides that the owner of the surface estate of lands with reserved federal minerals may ``use a minimal amount of mineral materi......
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3 cases
  • United States v. Osage Wind, LLC, Nos. 15-5121 & 16-5022.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • September 18, 2017
    ...us to BLM guidance materials that require a mineral lease for large-scale excavation work. In a preamble to the final rule adopting 43 C.F.R. § 3601.71 —a separate and unrelated regulation to the one at issue in this case—the BLM explained that "a contract or permit" is required when a surf......
  • United States v. Osage Wind, LLC, No. 15-5121
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • September 18, 2017
    ...and the lease requirement in § 214.7. We do not defer to these BLM documents because they explain the effect of a separate regulation, 43 C.F.R. § 3601.71.8 That regulation—promulgated and administered by BLM, a separate bureau within DOI—governs mineral extraction activities on "public lan......
  • United States v. Allen, Criminal Action No. 16-cr-00169-MSK-GPG
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Colorado
    • August 1, 2019
    ..."extract, sever, or remove mineral materials from public lands . . . unless BLM . . . authorizes the removal by sale or permit." 43 C.F.R. § 3601.71(a). The Court understands that the Government's position is that Mr. Allen lacked the required BLM permit or other legal authorization to remo......

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