Regulations last checked for updates: Nov 25, 2024
Title 43 - Public Lands: Interior last revised: Sep 06, 2024
§ 3585.0-3 - Authority.
(a) Authority for leasing minerals in the White Mountains National Recreation Area—Alaska is found in § 3500.0-3(c)(5) of this title.
(b) Authority for approving exploration licenses is section 302(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(b)).
§ 3585.1 - Lands to which applicable.
The lands subject to the regulations in this subpart are within the White Mountains National Recreation Area—Alaska which have been opened to mineral leasing and development pursuant to the findings in the land use plan for the area that such use and development would be compatible with, or would not significantly impair, public recreation and conservation of the scenic, scientific, historic, fish and wildlife or other values contributing to public enjoyment. The land use plan is on file and available for public inspection in the Bureau's Fairbanks District Office.
§ 3585.2 - Other applicable regulations.
§ 3585.2-1 - Leasable minerals.
Leasing of deposits of leasable minerals shall be governed by the applicable regulations in parts 3500, 3510, 3520, 3530, 3540 and 3550 of this title.
§ 3585.2-2 - Hardrock minerals.
Expect as otherwise specifically provided in §§ 3585.3 and 3585.4 of this title for mining claimant preference right leases, the regulations in parts 3500 and 3560 of this title shall govern the leasing of hardrock minerals.
§ 3585.3 - Mining claimant preference right leases.
§ 3585.3-1 - Who may obtain a mining claimant preference right lease.
Where, consistent with the land use plan, the Secretary has opened the area to mineral leasing and development, the holder of an unperfected mining claim within the White Mountains National Recreation Area—Alaska which was, prior to November 16, 1978, located, recorded and maintained in accordance with applicable Federal and State laws on lands located within the recreation area is entitled to a lease for the removal of the hardrock minerals from the mining claim(s), provided such mining claimant submits a timely application.
§ 3585.3-2 - Application.
(a) An application for a mining claimant preference right lease shall be filed in triplicate in the Fairbanks District Office, Bureau of Land Management, P.O. Box 1150, Fairbanks, Alaska 99707, by the holder of an unperfected mining claim(s), within 2 years from the date the lands are opened to mineral leasing and development.
(b) No specific form is required.
(c) Each application shall be signed in ink by the applicant and shall include the following:
(1) The applicant's name and address;
(2) The serial number for each claim for which the application is made;
(3) The name of the mineral(s) for which the lease is sought; and
(4) A separate map on which the claim(s) is clearly marked.
(d) A single application may embrace any number of unperfected mining claims provided that, in the aggregate, the claims do not exceed 640 acres. The claims shall be contiguous and shall be located entirely within an area 6 miles square. Multiple applications may be submitted.
§ 3585.4 - Leases.
§ 3585.4-1 - Survey for leasing.
Prior to the issuance of a lease under this subpart, the applicant, at his/her own expense, shall be required to have a correct survey made under authority of a cadastral engineer, such survey to show the exterior surface boundaries of the entire lease tract, not each individual mining claim where more than one claim is involved, which boundaries are to be distinctly marked by monuments on the ground. Application for authorization of survey shall be made in accordance with subpart 1821 of this title.
[51 FR 15213, Apr. 22, 1986; 51 FR 25205, July 11, 1986]
§ 3585.4-2 - Terms and conditions.
Leases shall be issued on a form approved by the Director and under such terms and conditions as prescribed in the lease form and subpart 3561 of this title. Where deemed necessary by the authorized officer, special lease stipulations also shall be included for the protection of the surface, its resources and use for recreation.
§ 3585.4-3 - Relinquishment of claims.
Prior to the issuance of a lease, the applicant shall relinquish in writing any right or interest in his/her mining claim(s) as of the date the lease covering such claim(s) becomes effective.
§ 3585.5 - Exploration license.
§ 3585.5-1 - Exploration license.
Private parties, jointly or severally, may apply for exploration licenses to explore known hardrock mineral deposits which are not under lease or within an area subject to application and lease under § 3585.3 of this title to obtain geologic, environmental and other pertinent data concerning such deposits. Exploration licenses do not grant the licensee any preference right to a lease.
§ 3585.5-2 -
Except as otherwise specifically provided in this subpart, the regulations pertaining to land use authorizations under part 2920 of this title shall govern the issuance of exploration licenses.
§ 3585.5-3 - Exploration plan.
All applications for exploration licenses shall include an exploration plan which is in full compliance with § 3562.3-3 of this title. The approved exploration plan shall be attached to, and made a part of, the license.
§ 3585.5-4 - Notice of exploration.
Applicants for exploration licenses shall publish a Notice of Exploration inviting other parties to participate in exploration under license on a pro rata cost sharing basis.
§ 3585.5-5 - Contents of notice.
The Notice of Exploration prepared by the authorized officer and furnished to the applicant shall contain:
(a) The name and address of the applicant;
(b) A description of the lands;
(c) The address of the Bureau office where the exploration plan will be available for inspection; and
(d) An invitation to the public to participate in the exploration under the license.
§ 3585.5-6 - Publication and posting of notice.
(a) The applicant shall publish the Notice of Exploration once a week for 3 consecutive weeks in at least 1 newspaper of general circulation nearest the area where the lands are located.
(b) The authorized officer shall post the notice in the Bureau's Alaska State Office and in the Fairbanks District Office for 30 days.
§ 3585.5-7 - Notice of participation.
Any person who seeks to participate in the exploration program shall notify the authorized officer and the applicant in writing within 30 days after posting of the Notice of Exploration.
§ 3585.5-8 - Decision on plan and participation.
(a) The authorized officer may issue the exploration license naming participants and acreage covered, establishing core hole spacing and resolving any other issue necessary to minimize surface disturbance and inconsistencies between proposed exploration plans.
(b) Upon application by the participants, a modification of the exploration plan may be approved by the authorized officer.
[51 FR 15213, Apr. 22, 1986; 51 FR 25205, July 11, 1986]
§ 3585.5-9 - Submission of data.
The licensee must furnish to BLM copies of all data obtained during exploration. If part 2 of this title requires any such data to be held confidential, BLM will not make it public.
[63 FR 52954, Oct. 1, 1998]
source: 51 FR 15256, Apr. 22, 1986, unless otherwise noted.
cite as: 43 CFR 3585.5-8