§3465.1. Use of surface.
43 C.F.R. § 3465.1
The operator shall use only that part of the surface area included in his lease or license to mine that has been included in an approved resource recovery and protection plan and mining permit (43 CFR 3482.1(b) and 30 CFR part 741).
Separate leases, permits, or rights-of-way under the appropriate provisions in title 43 of the Code of Federal Regulations are required for the installation of power generation plants or commercial or industrial facilities on the lands in the lease or license to mine or for the use of mineral materials or timber from the land in the lease or license to mine.
Other land uses under other authorities may be allowed on an area in a lease or license to mine provided there is no unreasonable conflict and that neither the mining operation nor the other use is jeopardized by the presence of the other.
Notes, amendments, and revision history
Amendments
[44 FR 42638, July 19, 1979, as amended at 47 FR 33149, July 30, 1982; 50 FR 8627, Mar. 4, 1985]
Authority
Authority: The Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 et seq. ), the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Multiple Mineral Development Act of 1954 (30 U.S.C. 521-531 et seq. ), the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq. ) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq. ).
Source
Source: 44 FR 42638, July 19, 1979, unless otherwise noted.
Amendments
[44 FR 42638, July 19, 1979, as amended at 47 FR 33149, July 30, 1982; 50 FR 8627, Mar. 4, 1985]