Regulations last checked for updates: Nov 22, 2024
Title 43 - Public Lands: Interior last revised: Sep 06, 2024
§ 6304.10 - Mining law administration.
§ 6304.11 - What special provisions apply to operations under the mining laws?
The general mining laws apply to valid existing mining claims and mill sites within BLM wilderness, except as provided in this section.
(a) After the date on which the general mining laws cease to apply to a specific wilderness area—
(1) You cannot locate a mining claim or establish any right to or interest in any mineral deposits discovered in that wilderness area; and
(2) You cannot locate a mill site in that wilderness area.
(b) If you hold a valid existing mining claim or mill site within a wilderness area—
(1) You must conduct any mining operations following the applicable standards provided in—
(i) The Wilderness Act;
(ii) The legislation designating the wilderness;
(iii) Your approved plan of operations;
(iv) Subpart 3809 of this chapter; and
(v) Subpart 3715 of this chapter;
(2) You must minimize impairment of wilderness characteristics to the extent BLM determines practicable, consistent with the use of a valid claim or site for mineral activities; and
(3) Your temporary structures used in mining operations are subject to the use and occupancy regulations in subpart 3715 of this chapter.
(4) You must post a financial guarantee under subpart 3809 of this chapter in order to ensure completion of reclamation.
(c) If you hold a valid mining claim, mill site, or tunnel site located in any BLM wilderness area before the general mining laws ceased to apply to that area, you may maintain your mining claim or site, so long as you comply with the general mining laws, the regulations in part 3830 of this chapter, and the Act of Congress designating the wilderness.
(d) As required in your approved plan of operations, when you complete mining operations in a wilderness area—
(1) You must remove all structures, equipment, and other facilities and begin reclamation as soon as feasible after mining operations end. However, you must start reclamation no later than 18 months after mining operations end.
(2) You must restore the surface as near as practicable to the appearance and contour of the surface before mining operations began, following the regulations in subpart 3809 of this chapter.
(e)-(f) [Reserved]
§ 6304.12 - How will BLM determine the validity of unpatented mining claims or sites?
(a) BLM will conduct a mineral examination to determine whether your claim or site was valid as of the date that lands within the wilderness area were withdrawn from appropriation under the mining laws. We also will determine whether your claim or site remains valid at the time of the examination.
(1) If you do not have an approved plan of operations, BLM must complete this validity determination before approving your plan of operations.
(2) If you have a plan of operations that was approved before the wilderness designation, BLM will determine whether operations may begin or continue while we conduct the validity determination.
(b) If BLM concludes that your mining claim lacks a discovery of a valuable mineral deposit or your claim or site is invalid for any other reason, we will disapprove your application for a plan of operations. For an existing approved operation, BLM may issue a notice ordering suspension or cessation of operations. We will begin contest proceedings to determine the validity of your mining claim or site under subpart E of part 4 of this title. However, you may take samples and gather other evidence to confirm or corroborate mineral exposures that were physically disclosed on the claim before the date the wilderness area was withdrawn.
(c) If the Department of the Interior issues a final administrative decision declaring your claim or site null and void, you must cease all operations and complete all reclamation required under subpart 3809 of this chapter and § 6304.11(d) of this part.
§ 6304.20 - Other uses addressed in special provisions of the Wilderness Act.
§ 6304.21 - What special provisions cover aircraft and motorboat use?
(a) Subject to such restrictions as BLM determines necessary to protect wilderness values, we may authorize you to land aircraft and use motorboats at places within any wilderness area if these uses were established and active at the time Congress designated the area as wilderness.
(b) BLM may also authorize you to maintain, utilizing non-motorized means, aircraft landing strips, heliports or helispots that existed and were in active use when Congress designated the area as wilderness.
§ 6304.22 - What special provisions apply to control of fire, insects, and diseases?
BLM may prescribe measures to control fire, noxious weeds, non-native invasive plants, insects, and diseases. BLM may require restoration concurrent with or as soon as practicable upon completion of such measures.
§ 6304.23 - What special provisions apply to mineral leasing and material sales?
(a) After Congress designates any area of public lands as wilderness, BLM will not issue mineral or geothermal leases, licenses, or permits under the mineral or geothermal leasing laws, or sales contracts or free use permits under the Materials Act (30 U.S.C. 601 et seq.)
(b) You may continue to hold and operate mineral or geothermal leases, licenses, contracts, or permits under their original terms and conditions after Congress designates the affected BLM lands as wilderness.
§ 6304.24 - What special provisions apply to water and power resources?
If the President specifically authorizes you under 16 U.S.C. 1133(d)(4)(1), BLM will permit you to prospect for water resources and establish new reservoirs, water-conservation works, power projects, transmission lines, and other facilities needed in the public interest, and to maintain such facilities.
§ 6304.25 - What special provisions apply to livestock grazing?
(a) If you hold a BLM grazing permit or grazing lease for land within a wilderness area, you may continue to graze your livestock provided that you or your predecessors began such use under a permit or lease before Congress established the wilderness area.
(b) Your grazing activities within wilderness areas, including the construction, use, and maintenance of livestock management improvements, must comply with the livestock grazing regulations in part 4100 of this chapter.
(c) If the management plan for the area allows, you may maintain or reconstruct grazing support facilities that existed before designation of the wilderness area. BLM will not authorize new support facilities for the purpose of increasing your number of livestock. The construction of new livestock management facilities must be for the purposes of protection and improved management of wilderness resources.
(d) BLM may authorize an increase in livestock numbers only if you demonstrate that the additional use will not have an adverse impact on wilderness values.
source: 65 FR 78372, Dec. 14, 2000, unless otherwise noted.
cite as: 43 CFR 6304.11