---
kind: "section"
citation: "43 C.F.R. § 3715.2-1"
title: "43"
number: "3715.2-1"
heading: "What additional characteristic(s) must my occupancy have?"
url: "https://uscodex.org/cfr/43/3715.2-1"
---

# §3715.2-1. What additional characteristic(s) must my occupancy have?


In addition to the requirements specified in [§ 3715.2](/cfr/43/3715.2.md), your occupancy must involve one or more of the following:

- (a) Protecting exposed, concentrated or otherwise accessible valuable minerals from theft or loss;
- (b) Protecting from theft or loss appropriate, operable equipment which is regularly used, is not readily portable, and cannot be protected by means other than occupancy;
- (c) Protecting the public from appropriate, operable equipment which is regularly used, is not readily portable, and if left unattended, creates a hazard to public safety;
- (d) Protecting the public from surface uses, workings, or improvements which, if left unattended, create a hazard to public safety; or
- (e) Being located in an area so isolated or lacking in physical access as to require the mining claimant, operator, or workers to remain on site in order to work a full shift of a usual and customary length. A full shift is ordinarily 8 hours and does not include travel time to the site from a community or area in which housing may be obtained.

## Notes

### Authority

Authority: 18 U.S.C. 1001, 3571 et seq.; 30 U.S.C. 22, 42, 612; 43 U.S.C. 1061 et seq., 1201, 1457, 1732 (b) and (c), 1733 (a) and (g).

### Source

Source: 61 FR 37125, July 16, 1996, unless otherwise noted.

### Authority

Authority: 30 U.S.C. 22 et seq.; 30 U.S.C. 611-615; 43 U.S.C. 1201; 43 U.S.C. 1740.