Guidance on 43 CFR 3809.100 and its Application
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, DC 20240-0036
September 7, 2016
In Reply Refer To:
3830 (320) P
EMS TRANSMISSION 09/13/2016
Instruction Memorandum No. 2016-149
Expires: 09/30/2019
To: State Directors, (NV, ID, OR, UT, MT, WY)
From: Assistant Director - Energy, Minerals, and Realty Management
Subject: Guidance on 43 CFR 3809.100 and its Application
Program Area: Mining Law Administration
Purpose: To provide guidance on processing mining plans of operations and notices within segregated lands, including Sagebrush Focal Areas
Policy/Action: This policy applies to all segregated lands, including the Sagebrush Focal Areas (SFA) that are segregated until no later than September 23, 2017. Under the BLM's regulations at 43 C.F.R. 3809.100, field managers have discretion to require a validity determination before approving a plan or acknowledging notice-level operations on segregated lands. Due to limited availability of qualified BLM personnel, the cost to all parties, and the time required to conduct validity examinations, field managers must exercise this discretion carefully. Field managers should always discuss all alternatives with the State Office Mining Law Program lead and a certified mineral examiner (CME) and/or certified review mineral examiner (CRME) and consult BLM Handbook H-3809-1 section 8.1.
The discretion under 43 CFR 3809.100 to determine the validity of mining claims on segregated lands is consistent with the BLM’s broad discretion to determine the validity of a mining claim for any reason prior to the issuance of a patent. It is the BLM’s policy to exercise this discretion on a case-by-case basis.
For plans and notices already approved or acknowledged before the segregation date, there is no requirement to determine validity. The operations continue unaffected unless or until there is a material change in the activity that would require a modification. Modifications to operations within segregated areas will trigger the application of 43 CFR 3809.100. Consequently, the BLM will apply the same considerations discussed above before acknowledging the modified notice or approving a plan modification on segregated lands.
Due to the magnitude of the proposed withdrawal of the SFAs, BLM employees who may not have previous experience with Mining Law issues may need additional guidance. Attached is a list of Q & A’s (Attachment 1) that explain some of the applicable terms and concepts associated with the guidance below.
Timeframe: Effective immediately.
Budget Impact: This policy will result in negligible budgetary impacts.
Background: Section 204 of FLPMA (43 USC 1714) gives the Secretary of the Interior authority to withdraw lands from the operation of the public land laws, including the mining laws, subject to valid existing rights. Under section 204 of FLPMA and the BLM’s regulations at 43 CFR 2310.2(a), when the Secretary publishes notice of a proposed withdrawal in the Federal Register, the lands become segregated from the operation of the mining laws to the extent specified in the notice for up to two years while the Secretary considers the proposed withdrawal. On [add date], the Assistant Secretary for Land and Minerals Management approved an application to withdraw from location and entry under the Mining Law of 1872, approximately 10 million acres of SFAs located on public and National Forest System lands as part of the Greater Sage-Grouse implementation strategy. On September 24, 2015, the Secretary published a “Notice of Proposed Withdrawal” in the Federal Register (80 FR 57635, Attachment 2).
Manual/Handbook Sections Affected: BLM Handbook 43 CFR 3809-1 is clarified by this instruction. This guidance expands and supplements that contained in the handbook and IM-WO-2010-088.
Coordination: WO Solicitors and WO-320 Staff.
Contact: If you have any questions or comments regarding this IM, please contact Rick Deery at 202-912-7119 or Adam Merrill at 202-912-7044 of the Division of Solid Minerals (WO-320). If you need access to a CME or CRME contact Matt Shumaker at the Chief Mineral Examiner’s office at 602-906-5526.
Signed by: Authenticated by:
Michael D. Nedd Robert M. Williams
Assistant Director Division of IT Policy and Planning,WO-870
Energy, Minerals, and Realty Management
2 Attachments
1 – 43 CFR 3809.100(a) Q & A’s (4 pp)
2 - Federal Register notice of proposed withdrawal of SFAs (3 pp)