Unless otherwise restricted, all Federal mineral estates administered by BLM within the Planning Area are available for orderly and efficient development of mineral resources. Mineral exploration and development is generally encouraged on public land in keeping with BLM’s multiple resource concepts. Overall guidance on the management of mineral resources appears in the Mining and Minerals Policy Act of 1970, Sec.102(a)(120) of FLPMA, National Materials and Minerals Policy, Research and Development Act of 1980 and BLM’s Mineral Resources Policy of May 29, 1984.
Exploration and development of all mineral resources will be conducted in accordance with all applicable laws and regulations.
Acquired lands will be opened to mineral entry unless critical resource values (threatened and endangered species, riparian habitat, scenic values, etc.) or public health and safety require closure. Upon approval of proposed regulations at 43 CFR 2201.8-2(b), newly acquired lands would automatically be open to operation of the public lands and mineral laws within a specified timeframe after acceptance of title unless critical resource values such as those listed above require closure.
Issuing rights-of-way where there are active mining claims is routine and covered by legislation and regulation. The right-of-way purchaser or permittee is informed of the rights of the mining claimant. Mining might intermittently or temporarily obstruct the right-of-way.
The 43 CFR 3715 and 3809 regulations provide for the management of surface disturbance associated with mineral exploration and development including mining claim use and occupancy. The BLM reviews mining notices and plans in the time allotted as identified in the regulations. For notice level operations, if time permits, a site visit would be conducted for lands identified in a mining notice by the geologist, and an archeologist and biologist if they are available. A site visit would always be conducted by BLM during the processing of a plan of operations.
Mining plans and notice level operations when mining claim occupancy is proposed are required to have the proper NEPA documentation prepared. BLM will work with operators to ensure that notices and plans are processed efficiently and in a timely manner. Reclamation plans and bonds are required for each notice and mining plan according to the applicable regulations. Bond amounts are calculated for the full cost needed to complete 100% of reclamation, matching the amount the BLM would require to hire an independent contractor to complete the work.
In addition to the requirements of 43 CFR 3715 and 43 CFR 3809, State and Federal law provides for numerous other permits including, but not limited to: an Aquifer Protection Permit and a NPDES permit both issued by the Arizona Department of Environmental Quality, a Section 404 permit issued by the Army Corps of Engineers and a flood control permit issued by the county. Also, Arizona State law requires mining claimants to keep mining property in a safe condition. The State Mine Inspector’s Office is responsible for enforcing this law. BLM will cooperate with all interested agencies to ensure that operations conducted on BLM-administered lands are in full compliance with all Federal, State and local health, safety and environmental laws as required by 43 CFR 3715.5.
All occupancy of mining claims must meet the requirements of 43 CFR 3715 and must meet the specific requirements of 43 CFR 3715.2. At a minimum, all occupancies will meet the requirements and standard stipulations for occupancy contained in the BLM Arizona Programmatic EA for Mining Claim Use and Occupancy.
Surface disturbing activities at a level greater than casual use in wilderness areas, national monuments, areas of critical environmental concern and other areas identified in 43 CFR 3809.11 will require a plan of operations before mining can begin. Operations proposed for lands that are withdrawn from mineral entry will cause BLM to initiate a validity examination and will be allowed only on claims with a valid discovery and location existing before designation. Before BLM can approve mining plans of operation submitted for work in areas withdrawn from mineral entry, a BLM mineral examiner must verify that a valid claim exists. The mineral examination and mineral report must confirm that minerals have been found and the evidence is of such character that a person of ordinary prudence would be justified in the further expenditure of his labor and means with a reasonable prospect of success in developing a valuable mine.
Lease applications will be considered on a case-by-case basis. Leases will be issued with needed restrictions to protect resources. Stipulations to protect important surface values will be based on interdisciplinary review of individual proposals and environmental analysis.