[Federal Register Volume 61, Number 218 (Friday, November 8, 1996)]
[Proposed Rules]
[Pages 57837-57843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28482]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3820
[WO-320-1990-01-24 1A]
RIN 1004-AC60
Surface Management of Mineral Activities Within the Bodie Bowl
Under the Bodie Protection Act of 1994
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Land Management (BLM) proposes to amend its
regulations to carry out the Bodie Protection Act of 1994 (the Act).
The Act withdrew Federal lands located around the historic former gold
mining town of Bodie, California from availability under the mineral
laws of the United States. The Act directs the Secretary of the
Interior (Secretary) to determine the validity of and establish surface
management requirements for all mining claims and sites within the
Bodie Bowl.
DATES: Submit comments by January 7, 1997.
ADDRESSES: Submit comments or suggestions to: Director (420), Bureau of
Land Management, Room 401 L, 1849 C Street, N.W., Washington, DC 20240.
You may also send comments by Internet to WOComment@wo.blm.gov. Please
include ``attn: AC60'' and your name and address in your Internet
message. Comments will be available for public review at Room 401, 1620
L Street, N.W., Washington, DC, during regular business hours (7:45
a.m. to 4:15 p.m.), Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Bob Barbour, (202) 452-7784, or Roger
Haskins (202) 452-0355.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
Written comments on the proposed rule should be specific, confined
to issues pertinent to the proposed rule, and should explain the reason
for any recommended change. If possible, please reference the specific
section or paragraph of the proposal that you are addressing. BLM may
not consider or include in the Administrative Record for the final rule
comments received after the close of the comment period (see DATES) or
comments delivered to an address other than those listed above (see
ADDRESSES).
II. Background
The Bureau of land Management (BLM) is adding this subpart to carry
out Title X of the Act of October 31, 1994, The Bodie Protection Act of
1994 (108 Stat. 4471, 4509). This Act withdrew Federal lands in Mono
County, California located around the historic gold mining town of
Bodie from location, leasing and disposal of minerals and mineral
materials under the mining, mineral leasing, and mineral material laws
of the United States. The Bodie Protection Act designated this area as
the Bodie Bowl and references a map dated June 12, 1992. This map is
available at the Bakersfield District Office, 3801 Pegasus Avenue,
Bakersfield, California 93308 and is included in the Administrative
Record for this proposed rule at the address listed above (see
ADDRESSES). The Act provides that:
(a) The Secretary of the Interior, in consultation with the
Governor of the State of California, must promulgate rules for
management of mineral activities within the Bodie Bowl that are no less
stringent than the rules promulgated by the National Park Service under
the Mining in the Parks Act (16 U.S.C. 1901 et seq.), now codified at
36 CFR part 9. The BLM has consulted with the Governor of the State of
California, acting by and through the State Department of Parks and
Recreation, which administers the Bodie Historic Park. The Department
of Parks assisted in the creation of this rule and will assist the BLM
in the formulation of the final rule.
(b) The Secretary of the Interior must determine the validity of
all mining claims and sites within the Bodie Bowl.
(c) Mineral patents will only be issued within the Bodie Bowl if
the Secretary determines that for the claim concerned, a patent
application was filed, and all requirements fully complied with, on or
before January 11, 1993.
(d) Mining claims within the Bodie Bowl are prohibited from the
performance of annual assessment work and must instead file an annual
notice of intent to hold with the BLM.
(e) Mineral activities must be conducted so as to avoid adverse
effects on historic, cultural, recreational and natural resource values
of the Bodie Bowl.
III. Discussion of the Proposed Rule
The following section-by-section discussion of the proposed rule
explains the requirements of the proposed rule.
Part 3820--Areas Subject to Special Mining Laws
Subpart 3826--Bodie Bowl California: Surface Management
The proposed subpart is designed as the primary mechanism for
obtaining approval to conduct mineral activities within the Bodie Bowl
on claims or sites determined by the Secretary to have a valid existing
right. To avoid a duplication of plan of operations requirements, BLM
will use this subpart in conjunction with the National Park Services
(NPS) Minerals Management regulations at 36 Code of Federal Regulations
(CFR) part 9, subpart A. BLM will use the procedures, standards and
requirements of 36 CFR part 9, which would be incorporated by
reference, to process and approve plans of operations. Where provisions
of part 9 are not intended to apply, exceptions
[[Page 57838]]
are noted in the proposed rule. Subpart 3826 of 43 CFR part 3820
contains additional requirements for mineral activities within the
Bodie Bowl. If a conflict occurs between a procedure, standard, or
requirement of 36 CFR part 9 and 43 CFR part 3820, subpart 3826, the
requirements of subpart 3826 prevail in all cases.
Introduction and General Provisions
Section 3826.1 What is the Purpose of This Subpart?
This section explains that the purpose of this subpart is to carry
out the requirements of the Act of October 31, 1994, for Federal lands
and to protect and preserve the current and historic attributes of the
Bodie Bowl. It would clearly set forth that the subpart does not apply
to lands patented under the public land or general mining laws.
Section 3826.2 What Standards Apply to My Mineral Activities Within
the Bodie Bowl?
This section provides the standards that mineral activities must
meet to protect and preserve the historic, cultural, recreational, and
natural resources of the Bodie Bowl.
This section identifies the regulations under which surface
management of mining claims and sites will occur on Federal lands
within the Bodie Bowl.
It provides that the regulations in Title 43 of the Code of Federal
Regulations continue to apply to Federal lands within the Bodie Bowl
except where such regulations are inconsistent with proposed subpart
3826. For instance, all recording, transfers, annual fees, and waivers
are processed pursuant to Part 3830; all claim or site definitions and
location requirements are in Part 3840; and Parts 4 and 1840 will
govern contests and appeals. As mentioned above, 36 CFR part 9, subpart
A, as applied to and modified by subpart 3826, would apply to all
surface management actions and approvals.
Section 3826.4 Are There BLM Definitions for Any of the Terms Used in
This Subpart?
This section contains the proposed definitions for ``Bodie Bowl'',
``Mineral Activities'', and ``Valid Existing Rights''. The proposed
definitions would track the definitions in sections 1003 and 1004(b) of
the Act.
Section 3826.5 What is the Status of Federal Land Within the Bodie
Bowl
This section explains that Federal land within the Bodie Bowl is
withdrawn from all forms of mineral location, leasing and disposal. It
would implement section 1004 of the Act.
Section 3826.6 Are State Laws Applicable?
This section explains that State laws and regulations will apply on
Federal lands within the Bodie Bowl as long as such laws and
regulations do not conflict with established Federal law or
regulations.
Section 3826.7 What Assessment Work or Annual Maintenance Requirements
Affect my Mining Claims or Sites in the Bodie Bowl?
This section explains the options available to the owners of mining
claims and sites in the Bodie Bowl to avoid forfeiture of those claims
and sites under the Act of August 10, 1993; 30 U.S.C. 28 f-k. Under the
proposed rule, mining claims and sites within the Bodie Bowl are
subject to the payment of the annual $100 per claim or site maintenance
fees pursuant to 43 CFR part 3830, subpart 3833. If you own mining
claims or sites within the Bodie Bowl you must either (1) pay the
maintenance by August 31 of each year or (2) request a waiver from
payment of the maintenance fee under 43 CFR 3833.1-6(d). Denial of
access to the mining claims or sites concerned would constitute a
sufficient basis for a waiver. You must also pay the $5 fee required by
43 CFR 3833.1-6(d)(3) for each claim or site listed on your waiver
document. The waiver document, accompanied by the proper payment, would
satisfy the requirement for a notice of intention to hold, and BLM
would not require you to file a separate notice of intention to hold.
For details of the waiver requirements, see 43 CFR 3833.1-6(d)(3).
Section 3826.8 Will the Secretary of the Interior Issue Me a Mineral
or Mill Site Patent Within the Bodie Bowl?
The Secretary will not issue mineral patents within the Bodie Bowl.
Under the Act only those claimants that applied for a mineral patent on
or before to January 11, 1993 are eligible to receive a mineral patent.
According to BLM records, no one filed a mineral patent application
meeting the requirements of the Act and none are pending.
Use Authorization Procedures
Section 3826.110 Do I Need a Plan of Operations Within the Bodie Bowl?
This section gives the information required and procedure for
filing a plan of operations. Plans of operation would be required for
all mineral activities other than casual use. Operations under a
notice, rather than approved plan, would not be allowed. This would be
as stringent as the regulations applicable to National Park System, as
required by section 1005(d) of the Act.
Section 3826.111 How Do I Obtain Access to My Mining Claims or Sites?
BLM will not approve your plan of operations until the mining
claim(s) or site(s) covered by your plan are determined by the BLM or
the Department to constitute valid existing rights. If BLM determines
that a claim or site is not valid BLM would bring a contest action
pursuant to 43 CFR 4.451. This section establishes the conditions for
physical access to an operations area or claim/site.
Section 3826.120 How Do I Get My Plan of Operations Approved?
This section, along with 36 CFR 9.10, provides the process for
approving a plan of operations within the Bodie Bowl.
Section 3826.130 Can I Change My Plan of Operations?
This section provides the process for revising or modifying an
approved plan of operations. It is read in conjunction with 36 CFR
9.12.
Section 3826.140 Am I Required To Maintain Site, Structures and
Facilities During Periods of Non-operation?
This section provides for maintenance of a safe operation and
worksite if you temporarily suspend your mineral activities. It also
requires reclamation of operations that are inactive for more than
twelve months, unless you get BLM approval.
Section 3826.150 Will the BLM Inspect My Mineral Activities?
This section provides that the site of operations is subject to
periodic inspection by BLM to ensure compliance with the approved plan
of operations and the regulations.
Section 3826.160 Can BLM Suspend or Revoke My Plan of Operations for
Failure To Take Corrective Action?
This section explains the reasons for which BLM will revoke an
approved plan and the procedures it will use to do so. It would provide
for an immediate suspension of operations if such a suspension is
necessary to protect health, safety or the environment. This provision
would be based upon section 302(c) of the Federal Land Policy and
Management Act, 43 U.S.C. 1732(c). Such decisions would remain in
effect during any
[[Page 57839]]
administrative appeal, unless a stay were granted.
Section 3826.170 Are Documents I Submit Open to Public Inspection?
This section provides that with regard to the public availability
of documents, the Department's Freedom of Information Act rules for
such evaluation and release, contained in 43 CFR part 2, will be
followed.
Reclamation of Lands
Section 3826.210 Am I Responsible for Reclamation of My Claims or
Sites?
This section establishes the requirement for reclamation of Federal
lands affected by mineral activities authorized under 43 CFR part 3820,
subpart 3826. Such reclamation would have to begin no later than six
months from completion of mining operations. It also requires those
claimants whose mining claims or sites are determined by BLM or the
Department not to have valid existing rights, to commence final
reclamation within six months of such final administrative decision. In
addition if a person has no present development plans for a mining
claim determined by BLM or the Department to have valid existing
rights, the proposal would require him to submit a plan to reclaim
previous disturbances. Such plan would have to be submitted within one
year of that determination.
This section also gives the form and manner of final reclamation
BLM expects at the end of mineral activities, including restoration of
natural processes and historic and scenic conditions to the extent
economically and technologically practicable.
Section 3826.211 Am I Responsible for Damage to Federal Lands Caused
by My Mineral Activities?
Proposed 43 CFR 3826.211 would clarify that you are responsible for
damages or adverse effects upon the Federal lands within the Bodie Bowl
resulting from a failure to comply with your approved plan of
operations.
Bonds and Financial Guarantees
Section 3826.310 Do I Need Reclamation and Performance Bonds To
Conduct My Mineral Activities?
This section establishes the form and type of bonds and financial
instruments that the BLM will accept for plan of operations bonds, and
gives the terms and conditions to be applied to such bonds. If BLM
finalizes the proposed amendment to 43 CFR part 3800, subpart 3809 (see
56 FR 31602 (July 11, 1991)) before this rulemaking is completed, the
final Bodie rule would incorporate the new bonding requirements of that
subpart, unless, based on public comments, BLM decides not to do so.
Prohibited Acts, Penalties, and Enforcement
Section 3826.410 What if I Fail To Comply With These Regulations?
This section explains the action that BLM will take when an
operator fails to comply with these regulations. It specifies the
procedures for service of a notice of noncompliance, the contents of
such notices, and the consequences of the failure to comply. For
instance, a record of noncompliance (one or more outstanding
uncorrected notices of noncompliance) will subject the operator/
claimant to a suspension or revocation of his plan of operations under
43 CFR 3826.160 and possible forfeiture of the bond or other financial
guarantee by BLM to implement the corrective action specified in the
notice(s) of noncompliance.
Section 3826.420 What Acts Am I Prohibited From Taking?
This section lists the actions or lack of action which are
prohibited and are, therefore, subject to civil or criminal
enforcement.
Section 3826.430 Will I Be Penalized if I Commit a Prohibited Act?
This section describes the civil and criminal penalties BLM may
impose if you knowingly and willfully engage in a prohibited act or
knowingly and willfully violate any requirement of proposed 43 CFR part
3820, subpart 3826. The criminal penalties described in this section
are from the Sentencing Reform Act of 1994, as amended (18 U.S.C. 3551
et seq.), for Class A misdemeanors under that Act. Violations of FLPMA
are Class A misdemeanor under that Act. Class A misdemeanors under the
Sentencing Reform Act, as amended, provides for fines of up to $100,000
for individuals and $200,000 for organizations, or for imprisonment of
individuals for not to exceed one year, or both. For paragraph (c) a
conviction under the False Claims Act, 18 U.S.C. 1001, is a Class E
felony under the Sentencing Reform Act of 1994. The penalty is a fine
of $250,000 or imprisonment for up to five years, or both.
Appeals
Section 3826.510 What if I Disagree With a Decision Made Under This
Subpart?
This section explains where to find the administrative and
procedural requirements for filing a protest or appeal to an adverse
decision of BLM and cross-references 43 CFR parts 4 and 1840. Proposed
paragraph (b) would specify which decisions would remain in effect
during the periods for appeal and during the pendency of an appeal
unless a stay is granted.
IV. Procedural Matters
National Environmental Policy Act
BLM prepared an environmental assessment (EA) and determined that
the proposed rule does not constitute a major Federal action
significantly affecting the quality of the human environment, and that
no detailed statement pursuant to section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is required.
The EA and FONSI are on file in the Administrative Record for the
proposed rule at the address specified previously (see ADDRESSES).
Federal Paperwork Reduction Act
This subpart relies upon previously approved OMB information
collection requirements for mining claim location and annual
maintenance procedures under 43 CFR part 3833 (OMB clearance number
1004-0114); for plans of operations and associated financial guarantees
under 43 CFR part 3800, subpart 3809 (OMB clearance number 1004-0104);
and plans of operations processing, approval, and reclamation under 36
CFR part 9 (OMB clearance number 1024-0064). This proposed rule does
not contain additional information collection requirements that require
approval by the Office of Management and Budget under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
Regulatory Flexibility Act
BLM determined that the proposed rule will not have a significant
economic effect on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). There are only six
mining claimants present within the limits of the Congressional
withdrawal, with the mineral rights controlled by or through one
claimant, Galactic Resources, Inc. No one can locate new claims within
the withdrawn area.
Unfunded Mandates Reform Act
BLM has determined that this regulation is not significant under
the Unfunded Mandates Reform Act of 1995 since it will not result in
the expenditure by State, local, or tribal governments, in the
aggregate, or by the private sector, of $100,000,000 or more in any one
year.
[[Page 57840]]
This regulation will not significantly or uniquely affect small
governments.
Executive Order 12988
The Department conducted an Executive Order 12988 review of the
proposed rule and determined that it meets the applicable standards of
section 3 (a) and (b) of the Executive Order.
Executive Order 12866
BLM reviewed the proposed rule and determined that it is not a
significant regulatory action under Executive Order 12866.
Authors
The principal authors of this proposed rule are Douglas Dodge of
the Bishop Resource Area, Roger Haskins of the Solid Minerals Group,
Bob Barbour of the Regulatory Affairs Group, and Joel Yudson of the
Office of the Solicitor, Department of the Interior.
List of Subjects in 43 CFR Part 3820
Administrative practice and procedure, Environmental protection,
Fees, Intergovernmental affairs, Mines, Public lands--mineral
resources, Reporting and recordkeeping requirements, Special mining
acts, Surety bonds, Surface management.
Dated: October 2, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary--Land and Minerals Management.
For the reasons discussed above 43 CFR part 3820 is proposed to be
amended as follows:
PART 3820--AREAS SUBJECT TO SPECIAL MINING LAWS
1. The authority citation for part 3820 is revised to read as
follows:
Authority: Secs. 1001-1007, Pub. L. 103-433, 108 Stat. 4509; 30
U.S.C. 22 et seq; 43 U.S.C. 1701 et seq.
2. Subpart 3826, consisting of Sec. 3826.1 through 3826.510, is
added to read as follows:
Subpart 3826--Bodie Bowl, California: Surface Management
Introduction and General Provisions
Sec.
3826.1 What is the purpose of this subpart?
3826.2 What standards apply to my mineral activities within the
Bodie Bowl?
3826.4 Are there any BLM definitions for the terms used in this
subpart?
3826.5 What is the status of the Federal land within the Bodie
Bowl?
3826.6 Are state laws applicable to my mineral activities within
the Bodie Bowl?
3826.7 What assessment work or annual maintenance requirements
apply to my mining claims or sites in the Bodie Bowl?
3826.8 Will the Secretary of the Interior issue me a mineral patent
within the Bodie Bowl?
3826.9 Does BLM have a new information collection requirement under
this subpart?
Use Authorization Procedures
3826.110 Do I need a plan of operations within the Bodie Bowl?
3826.111 How do I obtain access to my mining claims or sites?
3826.120 How do I get my plan of operations approved?
3826.130 Can I change my plan of operations?
3826.140 Am I required to maintain my site, structures, and
facilities during periods of non-operation?
3826.150 Will BLM inspect my mineral activities?
3826.160 Can BLM suspend or revoke my plan of operations if I fail
to take corrective action?
3826.170 Are documents I submit open for public inspection?
Reclamation of Lands
3826.210 Am I responsible for reclamation of my claims or sites?
3826.211 Am I responsible for damage to Federal lands caused by my
mineral activities?
Bonds and Financial Guarantees
3826.310 Do I need a reclamation bond or other financial guarantee
to conduct my mineral activities?
Prohibited Acts, Penalties, and Enforcement
3826.410 What if I fail to comply with this subpart?
3826.420 What acts am I prohibited from taking?
3826.430 Will I be penalized if I commit a prohibited act?
Appeals
3826.510 What if I disagree with a decision made under this
subpart?
Subpart 3826--Bodie Bowl, California: Surface Management
Introduction and General Provisions
Sec. 3826.1 What is the purpose of this subpart?
This subpart implements the requirements of the Bodie Protection
Act of 1994 for all mineral activities conducted on or under mining
claims, mill sites, or tunnel sites on Federal lands within the Bodie
Bowl, California which result from the exercise of valid existing
mineral rights on unpatented mining claims or sites. This subpart does
not apply to lands patented under the public land or general mining
laws.
Sec. 3826.2 What standards apply to my mineral activities within the
Bodie Bowl?
(a) Your mineral activities must be conducted so as to:
(1) Ensure that operations and activities on mining claims and
sites within the Bodie Bowl are conducted in a manner consistent with
the Management Plan for the Bodie Bowl Area of Critical Environmental
Concern;
(2) Avoid adverse effects on the historic, cultural, recreational,
and natural resource values of the Bodie Bowl, including, but not
limited to physical and aesthetic impacts to Bodie Bowl's historical
integrity, cultural values, and ghost town character; and
(3) Minimize other adverse impacts to the environment.
(b) The regulations at 36 CFR 9.9 through and including 9.12 apply
to mineral activities upon Federal lands within the Bodie Bowl, except
as provided in this subpart. When applying 36 CFR part 9, the terms
listed below have the following meanings:
(1) Regional Director means District Manager, Bakersfield District
Office, Bureau of Land Management.
(2) Significant means any surface disturbance within the Bodie Bowl
resulting from mineral activities other than casual use as defined in
43 CFR 3809.0-5(b).
(3) Statement for Management means the Management Plan for the
Bodie Bowl Area of Critical Environmental Concern.
(4) Superintendent means Area Manager, Bishop Resource Area, Bureau
of Land Management.
(5) Unit means the Bodie Bowl.
(c) The regulations in 43 CFR subtitle A and chapter II of subtitle
B, including but not limited to groups 1800, 3700 and 3800, continue to
apply to Federal lands within the Bodie Bowl unless their application
is inconsistent with the provisions of this subpart.
Sec. 3826.4 Are there any BLM definitions for the terms used in this
subpart?
(a) Bodie Bowl means the Federal lands and interests in lands
within the area generally depicted as the Bodie Bowl on the map dated
June 12, 1992, and designated as the Bodie Bowl by sections 1003 and
1004(a) of the Bodie Protection Act of 1994.
(b) Mineral activities means any activity involving mineral
prospecting, exploration, extraction, mining, beneficiation,
processing, and reclamation.
(c) Valid existing rights means in reference to the general mining
laws that:
(1) A mining claim, mill site or tunnel site located on lands
within the Bodie
[[Page 57841]]
Bowl that was properly located and maintained under the general mining
laws on or before October 31, 1994; and
(2) (i) As to any mining claim, the claim was supported by a
discovery of a valuable mineral deposit within the meaning of the
general mining laws on that date, and that such claim continues to be
supported by such a discovery, properly maintained, and otherwise
valid;
(ii) As to any mill site, the mill site was and still is being used
or occupied for uses reasonably incident to mining or milling purposes
and continues to be properly maintained and otherwise valid; or
(iii) As to any tunnel site, work on the tunnel site was and is
being performed with reasonable diligence by its proprietors, and
continues to be properly maintained and otherwise valid.
Sec. 3826.5 What is the status of Federal land within the Bodie Bowl?
On October 31, 1994 the Bodie Protection Act of 1994 withdrew all
Federal land within the Bodie Bowl, subject to valid existing rights,
from:
(a) All entry, location, and disposal under the general mining laws
(30 U.S.C. 22 et seq.);
(b) Leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.)
and the Geothermal Steam Act (30 U.S.C. 1001 et seq.); and
(c) Disposal of mineral materials under the Materials Act of 1947
(30 U.S.C. 601 et seq.).
Sec. 3826.6 Are state laws applicable to my mineral activities within
the Bodie Bowl?
Yes. State laws and regulations will apply to your operations on
Federal lands within the Bodie Bowl as long as they do not conflict
with Federal law or regulation.
Sec. 3826.7 What assessment work or annual maintenance requirements
apply to my mining claims or sites in the Bodie Bowl?
If you hold mining claims and mill or tunnel sites within the Bodie
Bowl, you are:
(a) Prohibited from performing annual assessment work under 43 CFR
part 3850, subpart 3851 and must instead file an annual notice of
intent to hold with the BLM under 43 CFR part 3830, subpart 3833. Under
43 CFR 3833.1-5(f), payment of the $100 annual maintenance fee
satisfies the requirement to file a notice of intention to hold.
(b) Subject to the annual $100 per claim or site maintenance fees
required under 43 CFR part 3830, subpart 3833. In this case, you must
either:
(1) Pay the maintenance fees to BLM on or before each August 31; or
(2) Apply for a waiver from the maintenance fee requirement under
43 CFR 3833.1-6(d); denial by the United States of access to the mining
claims or sites concerned will constitute a sufficient basis for a
waiver. If you file a waiver request you must submit the $5 fee
required by 43 CFR 3833.1-6(d)(3) for each mining claim, mill, or
tunnel site listed on your waiver document. The filing of a waiver
document with the proper service charges satisfies the requirement to
file a notice of intention to hold, and a separate notice of intention
to hold will not be required to be filed with the BLM.
Sec. 3826.8 Will the Secretary of the Interior issue me a mineral
patent within the Bodie Bowl?
The Secretary will not issue a mineral patent within the Bodie
Bowl. If you have mining claims within the Bodie Bowl you were required
by the Bodie Protection Act of 1994 to file your patent applications on
or before January 11, 1993. BLM records show that no one met this
requirement.
Sec. 3826.9 Does BLM have a new information collection requirement
under this subpart?
No new information collection is required by this subpart over and
above what is already provided for under the current OMB approvals. We
are required by the Paperwork Reduction Act, as amended (44 U.S.C.
3507) to provide you with an explanation of why information contained
in this subpart is required of you. This subpart relies upon previously
approved OMB information collection requirements for mining claim
location and annual maintenance procedures under 43 CFR part 3830,
subpart 3833 (OMB clearance number 1004-0114); for plans of operations
and associated financial guarantees under 43 CFR part 3800, subpart
3809 (OMB clearance number 1004-0104); and plans of operations
processing, approval, and reclamation under 36 CFR part 9 (OMB
clearance number 1024-0064). Please refer to the referenced CFR parts
and subparts for the necessary information collection disclosures and
points of contact for comments on such information collections.
Use Authorization Procedures
Sec. 3826.110 Do I need a plan of operations within the Bodie Bowl?
(a) You must have an approved plan of operations to conduct mineral
activities within the Bodie Bowl. You do not need a plan of operations
for casual use as defined in 43 CFR 3809.0-5(b). BLM will not approve
your plan of operations until the mining claim(s) or site(s) covered by
your plan are determined by the BLM or the Department to constitute
valid existing rights.
(b) You must file your plan of operations in accordance with 36 CFR
9.9. The following exceptions to 36 CFR 9.9 apply:
(1) In paragraph (b)(5), only the first sentence applies;
(2) Paragraph (b)(8) does not apply; and
(3) Paragraph (d) does not apply.
Sec. 3826.111 How do I obtain access to my mining claims or sites?
Your plan of operations must specify the location of access routes
for mineral activities and other purposes necessary under this subpart.
BLM may require you to use existing roads to minimize the number of
access routes, and, if practicable, to construct access roads within a
transportation or utility corridor.
Sec. 3826.120 How do I get my plan of operations approved?
BLM will process your plan of operations in accordance with 36 CFR
9.10 except for the following:
(a) Paragraph (a)(1) does not apply;
(b) The proviso at the end of paragraph (a)(3) does not apply;
(c) Paragraph (a)(5) shall not apply;
(d) The date of January 26, 1977 in 36 CFR 9.10(a)(2) and (a)(3)
does not apply. Instead, for purposes of significant surface
disturbances under this subpart, the date of October 31, 1994 applies;
and
(e) References to 36 CFR 9.4 are not applicable to this subpart.
Sec. 3826.130 Can I change my plan of operations?
You can modify, supplement, or revise your plan of operations in
accordance with 36 CFR 9.12, except that the reference in the last
sentence of 36 CFR 9.12 to 36 CFR 9.14 does not apply. Instead, you may
appeal under 43 CFR 3826.510.
Sec. 3826.140 Am I required to maintain my site, structures, and
facilities during periods of non-operation?
You must maintain your site, structures and other facilities in a
safe condition during any non-operating periods. You must, after an
extended period of non-operation for other than seasonal operations,
remove all structures, equipment and other facilities and reclaim the
site of operations, unless you receive permission in writing from BLM
to do
[[Page 57842]]
otherwise. BLM will consider your operation complete when you cease to
operate for a period of 12 months or more. At that time, you are
required to close and reclaim your site under 43 CFR 3826.210, unless
you receive written permission from BLM to do otherwise.
Sec. 3826.150 Will BLM inspect my mineral activities?
BLM will periodically inspect your operations to determine if you
are complying with these regulations and your approved plan of
operations. You must permit BLM access for this purpose.
Sec. 3826.160 Can BLM suspend or revoke my plan of operations if I
fail to take corrective action?
(a) After giving you notice and opportunity for a hearing, (except
as provided in paragraph (b) of this section), the BLM may suspend or
revoke approval of your plan of operations if you have any uncorrected
noncompliance that violates the terms of your approved or revised plan
of operations or if you have uncorrected noncompliance with any other
provision of this subpart.
(b) BLM will issue an order for the immediate suspension of your
operations if we determine that such a suspension is necessary to
protect health, safety or the environment. You may not resume operation
until you correct the situation and receive written permission from the
BLM to recommence operations.
Sec. 3826.170 Are documents I submit open for public inspection?
Any document you submit is available for public inspection, subject
to the terms of 43 CFR Part 2, the Interior Department rules
implementing the Freedom of Information Act.
Reclamation of Lands
Sec. 3826.210 Am I responsible for reclamation of my claims or sites?
(a) You must reclaim Federal lands affected by your mineral
activities as soon as possible, but in no case begin later than six (6)
months after completion of mining operations. If your approved mining,
reclamation or closure plan has a specified time frame for reclamation,
you must meet that time frame.
(1) You must perform your reclamation in accordance with 36 CFR
9.11, except that paragraphs (a)(1), (a) (2)(iii), and (c) of 36 CFR
9.11 do not apply.
(2) You must to the extent economically and technologically
practicable replace overburden and spoil material to restore natural
processes.
(3) You must return the area to a condition which does not
jeopardize visitor safety or public use, and to the extent economically
and technologically practicable return the historic and scenic
landscape to a condition equivalent to that which existed before your
operations.
(b) You must submit a reclamation plan meeting the requirements of
paragraph (a) of this section for all mining claims or sites that are
determined by the BLM not to have valid existing rights. You will have
six calendar months from the date of BLM's determination, or, if that
decision is appealed under 36 CFR 3826.510 and upheld, the Department's
decision to submit a reclamation plan for your claims or sites.
(c) If you have mining claims or sites that are determined by BLM
or the Department to have valid existing rights and do not plan to
operate on these claims or sites within one year of that determination,
you must submit a reclamation plan within one year of that
determination. That plan must meet the requirements of paragraph (a) of
this section for disturbances caused by previous mineral activities.
Sec. 3826.211 Am I responsible for damage to Federal lands caused by
my mineral activities?
You are responsible for any damage or adverse effects upon the
Federal lands within the Bodie Bowl resulting from your failure to
comply with the terms of the approved plan of operations and/or
reclamation plan.
Bonds and Financial Guarantees
Sec. 3826.310 Do I need a reclamation bond or other financial
guarantee to conduct my mineral activities?
(a) Before you begin any surface disturbance under your plan of
operations, you must submit and obtain approval for a financial
guarantee meeting the requirements of 43 CFR 3809.1-9. In addition to
the types of bonds listed in 43 CFR 3809.1-9, you may file an
irrevocable letter of credit acceptable to BLM. Your financial
guarantee must be sufficient in amount to cover the estimated cost of
full reclamation under your approved reclamation plan. You must file
your financial guarantee in the California State Office of the Bureau
of Land Management.
(b) If you revise or supplement your approved plan of operations in
accordance with Sec. 3826.130, BLM will adjust the amount of the
financial guarantee to conform to the modified plan of operations.
(c) BLM may review the amount of the bond and make an adjustment
based upon the outcome of our review.
Prohibited Acts, Penalties, and Enforcement
Sec. 3826.410 What if I fail to comply with this subpart?
(a) If you fail to comply BLM may send you a notice of
noncompliance. BLM will serve a notice of noncompliance either by:
(1) Personal service (delivery) to you or your authorized agent of
record; or
(2) Certified or registered mail, return receipt requested.
(b) The notice of noncompliance will specify:
(1) The regulation you violated;
(2) The corrective action you must take; and
(3) How much time you have to take the corrective action.
(c) Failure to take the necessary corrective actions within the
specified time frame may subject you to:
(1) A court order enjoining continuation of operations;
(2) Penalties specified under 43 CFR 3826.430;
(3) A record of noncompliance;
(4) A suspension or revocation of your plan of operations, in
accordance with Sec. 3826.160; and
(5) Forfeiture of your bond or other financial guarantee by BLM to
implement the corrective actions required in the notice of
noncompliance.
Sec. 3826.420 What acts am I prohibited from taking?
You must not:
(a) Conduct mineral activities without the approved plan of
operations required in 43 CFR part 3800, subpart 3809 and 43 CFR
3826.110.
(b) Fail to comply with a notice of noncompliance issued under 43
CFR 3826.410, unless BLM extends the time frame or otherwise modifies
in writing the requirements set forth in your notice of noncompliance.
(c) Fail to complete reclamation required in your approved plan of
operations and 43 CFR 3826.210.
(d) Fail to allow inspection of your mineral activities by BLM
under 43 CFR 3826.150.
(e) Conduct operations which use cyanide or other leachates not
described in the approved plan of operations required by 43 CFR
3826.110.
(f) Conduct operations without a financial guarantee accepted by
BLM under 43 CFR 3826.310.
(g) Fail to prevent adverse effects to the historical, cultural,
recreational or
[[Page 57843]]
natural resource values under 43 CFR 3826.2.
(h) Fail to notify BLM of, and leave intact, newly discovered
cultural resources as required under 43 CFR 3826.2 (incorporating the
relevant terms of 36 CFR 9.10).
(i) Fail to protect or report damage to survey and other monuments
as required under 43 CFR 3826.2 (incorporating the relevant terms of 36
CFR 9.10).
(j) Fail to mark hazardous sites or conditions resulting from
operations as required under 43 CFR 3826.2 (incorporating the relevant
terms of 36 CFR 9.10).
(k) Fail to reclaim operations following an extended period of non-
operations as required by 43 CFR 3826.210.
(l) Submit false or fictitious information or other
misrepresentation.
Sec. 3826.430 Will I be penalized if I commit a prohibited act?
(a) If you knowingly and willfully commit one or more of the
prohibited acts listed in 43 CFR 3826.420 or knowingly and willfully
violate any other requirement of this subpart you are subject to
criminal prosecution on each offense. Upon conviction, if you are an
individual, you will be subject to a fine of not more than $100,000, or
the alternate fine provisions of 18 U.S.C. 3571, or imprisoned for no
more than twelve months, or both.
(b) Any organization that knowingly and willfully commits one or
more of the prohibited acts of 43 CFR 3826.420 or violates any other
requirement of this subpart is subject to criminal prosecution on each
offense. If convicted, the organization will be subject to a fine of
not more than $200,000, or the alternate fine provided for in the
applicable provisions of 18 U.S.C. 3571.
(c) For each offense arising under 18 U.S.C. 1001, persons or
organizations committing the offense may be fined $250,000 or
imprisoned for up to 5 years, or both.
Appeals
Sec. 3826.510 What if I disagree with a decision made under this
subpart?
(a) Any party who is adversely affected by decision made by BLM
under this subpart may appeal the decision in accordance with parts 4
and 1840 of this title.
(b) Decisions issued under 43 CFR 3826.160(b) which order the
immediate suspension of your operations will go into effect immediately
and will remain in effect while appeals are pending unless a stay is
granted in accordance with 43 CFR 4.21(b).
[FR Doc. 96-28482 Filed 11-7-96; 8:45 am]
BILLING CODE 4310-84-P
