---
kind: "section"
citation: "43 C.F.R. § 3930.13"
title: "43"
number: "3930.13"
heading: "Performance standards for surface mines."
url: "https://uscodex.org/cfr/43/3930.13"
---

# §3930.13. Performance standards for surface mines.

- (a) Pit widths for each oil shale seam must be engineered and designed to eliminate or minimize the amount of oil shale fender to be left as a permanent pillar on the spoil side of the pit.
- (b) Considering mine economics and oil shale quality, the amount of oil shale wasted in each pit must be minimal.
- (c) The BLM must approve the final abandonment of a mining area.
- (d) The BLM must approve the conditions under which surface mines, or portions thereof, will be temporarily abandoned, under the regulations in this part.
- (e) The operator/lessee may, in the interest of conservation, mine oil shale up to the Federal lease or license boundary line, provided that the mining:
  - (1) Complies with existing state and Federal mining, environmental, reclamation, and safety laws and rules; and
  - (2) **Does not conflict with the rights of adjacent surface owners.**
- (f) The operator must save topsoil for final application after the reshaping of disturbed areas has been completed.

## Notes

### Authority

Authority: 25 U.S.C. 396d and 2107, 30 U.S.C. 241(a), 42 U.S.C. 15927, 43 U.S.C. 1732(b), 1733, and 1740.

### Source

Source: 73 FR 69480, Nov. 18, 2008, unless otherwise noted.