43 C.F.R. § 3809.424   What are my obligations if I stop conducting operations?


Title 43 - Public Lands: Interior


Title 43: Public Lands: Interior
PART 3800—MINING CLAIMS UNDER THE GENERAL MINING LAWS
Subpart 3809—Surface Management
Operations Conducted Under Plans of Operations

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§ 3809.424   What are my obligations if I stop conducting operations?

(a) To see what you must do if you stop conducting operations, follow this table:

------------------------------------------------------------------------                If_                                 Then_------------------------------------------------------------------------(1) You stop conducting operations   (1) You must follow your approved for any period of time.              interim management plan submitted                                      under § 3809.401(b)(5); (ii)                                      You must submit a modification to                                      your interim management plan to                                      BLM within 30 calendar days if it                                      does not cover the circumstances                                      of your temporary closure per                                      § 3809.431(a); (iii) You must                                      take all necessary actions to                                      assure that unnecessary or undue                                      degradation does not occur; and                                      (iv) You must maintain an adequate                                      financial guarantee.------------------------------------------------------------------------(2) The period of non-operation is   The BLM will require you to take likely to cause unnecessary or       all necessary actions to assure undue degradation.                   that unnecessary or undue                                      degradation does not occur,                                      including requiring 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.------------------------------------------------------------------------(3) Your operations are inactive     BLM will review your operations and for 5 consecutive years.             determine whether BLM should                                      terminate your plan of operations                                      and direct final reclamation and                                      closure.------------------------------------------------------------------------(4) BLM determines that you          BLM may initiate forfeiture under abandoned your operations.           § 3809.595. If the amount of                                      the financial guarantee is                                      inadequate to cover the costs of                                      reclamation, BLM may complete the                                      reclamation, and the operator and                                      all other responsible persons are                                      liable for the costs of such                                      reclamation. See §                                      3809.336(a) for indicators of                                      abandonment.------------------------------------------------------------------------

(b) Your reclamation and closure obligations continue until satisfied.

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