§ 3600.0-5 - Definitions.

As used in this group, the term:

(a) Bureau means Bureau of Land Management, Department of the Interior.

(b) Director means the Director of the Bureau of Land Management.

(c) Permittee means any person, corporation, partnership and association, Federal, or State agency, unit, or subdivision, including municipalities, and non-profit organization or corporation or other entity that has been issued a contract or a free-use permit for the removal of mineral materials from the public lands.

(d) Authorized officer means any employee of the Bureau of Land Management who has been delegated the authority to perform the duties described in this part.

(e) Mineral material includes, but is not limited to, common varieties of sand, stone, gravel, pumice, pumicite, cinders, clay and other mineral materials and petrified wood.

(f) Public lands means any lands and interest in lands owned by the United States and administered by the Secretary of the Interior through the Bureau of Land Management without regard to how the United States acquired ownership, except lands held for the benefit of Indians, Aleuts, and Eskimos.

(g) Community pit means a site from which nonexclusive disposals of mineral materials can be made. The establishment of a community pit, when noted on the appropriate Bureau of Land Management records or posted on the ground, constitutes a superior right to remove material as against any subsequent claim or entry of the lands.

(h) Common use area means a generally broad geographic area from which nonexclusive disposals of mineral materials can be made, with only negligible surface disturbance. The establishment of a common use area does not create a superior right to remove material as against any subsequent claim or entry of the lands.

(i) Performance bond means a bond to ensure compliance with the terms of the contract and reclamation of the site as required by the authorized officer.

(j) Act means the Material Act of July 31, 1947, as amended, (30 U.S.C. 601, et seq.).

(k) Unnecessary or undue degradation means surface disturbance greater than what would normally result when an activity is being accomplished by a prudent operator in usual, customary, and proficient operations of similar character and taking into consideration the effects of operations on other resources and land uses, including those resources and uses outside the area of operations. Unnecessary and undue degradation may involve failure to initiate and complete reasonable mitigation measures, including reclamation of disturbed area; creation of a nuisance; or failure to comply with applicable environmental protection statutes and regulations.