43 C.F.R. §§ 3809.300–3809.336

§3809.300. Does this subpart apply to my existing notice-level operations?

43 C.F.R. § 3809.300

If your notice was complete before January 20, 2001, and you are the operator identified in the notice on file with BLM on January 20, 2001, then you may conduct operations under the terms of your existing notice and the regulations in effect immediately before January 20, 2001. You may extend your notice under § 3809.333. BLM may require a modification under § 3809.331(a)(1). See § 3809.503 for financial guarantee requirements applicable to notices.

Notes, amendments, and revision history

Amendments

[90 FR 46080, Sept. 25, 2025]

Authority

Authority: 16 U.S.C. 1280; 30 U.S.C. 22; 30 U.S.C. 612; 43 U.S.C. 1201; and 43 U.S.C. 1732, 1733, 1740, 1781, and 1782.

Source

Source: 65 FR 70112, Nov. 21, 2000, unless otherwise noted.

Authority

Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 22-42, 181 et seq., 301-306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. No. 97-35, 95 Stat. 357.

Source

Source: 45 FR 13974, Mar. 3, 1980, unless otherwise noted.

Amendments

[90 FR 46080, Sept. 25, 2025]

§3809.301. Where do I file my notice and what information must I include in it?

43 C.F.R. § 3809.301

(a)

If you qualify under § 3809.21, you must file your notice with the local BLM office with jurisdiction over the lands involved. BLM does not require that the notice be on a particular form.

(b)

To be complete, your notice must include the following information:

(1)

Operator Information. The name, mailing address, phone number, taxpayer identification number of the operator(s), and the BLM serial number(s) of any unpatented mining claim(s) where the disturbance would occur. If the operator is a corporation, you must identify one individual as the point of contact;

(2)

Activity Description, Map, and Schedule of Activities. A description of the proposed activity with a level of detail appropriate to the type, size, and location of the activity. The description must include the following:

(i)

The measures that you will take to prevent unnecessary or undue degradation during operations;

(ii)

A map showing the location of your project area in sufficient detail for BLM to be able to find it and the location of access routes you intend to use, improve, or construct;

(iii)

A description of the type of equipment you intend to use; and

(iv)

A schedule of activities, including the date when you expect to begin operations and the date you expect to complete reclamation;

(3)

Reclamation Plan. A description of how you will complete reclamation to the standards described in § 3809.420; and

(4)

Reclamation cost estimate. An estimate of the cost to fully reclaim your operations as required by § 3809.552.

(c)

BLM may require you to provide additional information, if necessary to ensure that your operations will comply with this subpart.

(d)

You must notify BLM in writing within 30 calendar days of any change of operator or corporate point of contact, or of the mailing address of the operator or corporate point of contact.

Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 1280; 30 U.S.C. 22; 30 U.S.C. 612; 43 U.S.C. 1201; and 43 U.S.C. 1732, 1733, 1740, 1781, and 1782.

Source

Source: 65 FR 70112, Nov. 21, 2000, unless otherwise noted.

Authority

Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 22-42, 181 et seq., 301-306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. No. 97-35, 95 Stat. 357.

Source

Source: 45 FR 13974, Mar. 3, 1980, unless otherwise noted.

§3809.311. What action does BLM take when it receives my notice?

43 C.F.R. § 3809.311

(a)

Upon receipt of your notice, BLM will review it within 15 calendar days to see if it is complete under § 3809.301.

(b)

If your notice is incomplete, BLM will inform you in writing of the additional information you must submit. BLM may also take the actions described in § 3809.313.

(c)

BLM will review your additional information within 15 calendar days to ensure it is complete. BLM will repeat this process until your notice is complete, or until we determine that you may not conduct operations because of your inability to prevent unnecessary or undue degradation.

Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 1280; 30 U.S.C. 22; 30 U.S.C. 612; 43 U.S.C. 1201; and 43 U.S.C. 1732, 1733, 1740, 1781, and 1782.

Source

Source: 65 FR 70112, Nov. 21, 2000, unless otherwise noted.

Authority

Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 22-42, 181 et seq., 301-306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. No. 97-35, 95 Stat. 357.

Source

Source: 45 FR 13974, Mar. 3, 1980, unless otherwise noted.

§3809.312. When may I begin operations after filing a complete notice?

43 C.F.R. § 3809.312

(a)

If BLM does not take any of the actions described in § 3908.313, you may begin operations no sooner than 15 calendar days after the appropriate BLM office receives your complete notice. BLM may send you an acknowledgement that indicates the date we received your notice. If you don't receive an acknowledgement or have any doubt about the date we received your notice, contact the office to which you sent the notice. This subpart does not require BLM to approve your notice or inform you that your notice is complete.

(b)

If BLM completes our review sooner than 15 calendar days after receiving your complete notice, we may notify you that you may begin operations.

(c)

You must provide to BLM a financial guarantee that meets the requirements of this subpart before beginning operations.

43 C.F.R. § 3809.330

(a)

Yes, you may submit a notice modification at any time during operations under a notice.

(b)

BLM will review your notice modification the same way it reviewed your initial notice under §§ 3809.311 and 3809.313.

Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 1280; 30 U.S.C. 22; 30 U.S.C. 612; 43 U.S.C. 1201; and 43 U.S.C. 1732, 1733, 1740, 1781, and 1782.

Source

Source: 65 FR 70112, Nov. 21, 2000, unless otherwise noted.

Authority

Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 22-42, 181 et seq., 301-306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. No. 97-35, 95 Stat. 357.

Source

Source: 45 FR 13974, Mar. 3, 1980, unless otherwise noted.

§3809.331. Under what conditions must I modify my notice?

43 C.F.R. § 3809.331

(a)

You must modify your notice—

(1)

If BLM requires you to do so to prevent unnecessary or undue degradation; or

(2)

If you plan to make material changes to your operations. Material changes are changes that disturb areas not described in the existing notice; change your reclamation plan; or result in impacts of a different kind, degree, or extent than those described in the existing notice.

43 C.F.R. § 3809.334

(a)

If you stop conducting operations for any period of time, you must—

(1)

Maintain public lands within the project area, including structures, in a safe and clean condition;

(2)

Take all steps necessary to prevent unnecessary or undue degradation; and

(3)

Maintain an adequate financial guarantee.

(b)

If the period of non-operation is likely to cause unnecessary or undue degradation, BLM, in writing, will—

(1)

Require you to take all steps necessary to prevent unnecessary or undue degradation; and

(2)

Require you, after an extended period of non-operation for other than seasonal operations, to remove all structures, equipment, and other facilities and reclaim the project area.

Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 1280; 30 U.S.C. 22; 30 U.S.C. 612; 43 U.S.C. 1201; and 43 U.S.C. 1732, 1733, 1740, 1781, and 1782.

Source

Source: 65 FR 70112, Nov. 21, 2000, unless otherwise noted.

Authority

Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 22-42, 181 et seq., 301-306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. No. 97-35, 95 Stat. 357.

Source

Source: 45 FR 13974, Mar. 3, 1980, unless otherwise noted.

§3809.335. What happens when my notice expires?

43 C.F.R. § 3809.335

(a)

When your notice expires, you must—

(1)

Cease operations, except reclamation; and

(2)

Complete reclamation promptly according to your notice.

(b)

Your reclamation obligations continue beyond the expiration or any termination of your notice until you satisfy them.

Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 1280; 30 U.S.C. 22; 30 U.S.C. 612; 43 U.S.C. 1201; and 43 U.S.C. 1732, 1733, 1740, 1781, and 1782.

Source

Source: 65 FR 70112, Nov. 21, 2000, unless otherwise noted.

Authority

Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 22-42, 181 et seq., 301-306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. No. 97-35, 95 Stat. 357.

Source

Source: 45 FR 13974, Mar. 3, 1980, unless otherwise noted.

§3809.336. What if I abandon my notice-level operations?

43 C.F.R. § 3809.336

(a)

BLM may consider your operations to be abandoned if, for example, you leave inoperable or non-mining related equipment in the project area, remove equipment and facilities from the project area other than for purposes of completing reclamation according to your reclamation plan, do not maintain the project area, discharge local workers, or there is no sign of activity in the project area over time.

(b)

If BLM determines that you abandoned your operations without completing reclamation, BLM may initiate forfeiture under § 3809.595. If the amount of the financial guarantee is inadequate to cover the cost of reclamation, BLM may complete the reclamation, and the operator and all other responsible persons are liable for the cost of reclamation.

Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 1280; 30 U.S.C. 22; 30 U.S.C. 612; 43 U.S.C. 1201; and 43 U.S.C. 1732, 1733, 1740, 1781, and 1782.

Source

Source: 65 FR 70112, Nov. 21, 2000, unless otherwise noted.

Authority

Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 22-42, 181 et seq., 301-306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. No. 97-35, 95 Stat. 357.

Source

Source: 45 FR 13974, Mar. 3, 1980, unless otherwise noted.