News Release

 

For Immediate Release:  September 12, 2002

Contact:  David Quick (202) 452-5138

CASO-11-2002

 

                          

BLM Issues Reminder of Regulatory Changes

Affecting Notice-Level Operators

 

The BLM is reaching out to holders of roughly 5,000 surface-disturbance notices to remind them of an upcoming change that may affect them.  Revisions to the Surface Management Regulations at 43 CFR 3809 took effect January 20, 2001.  Among those revisions, §3809.300(a) stipulates that notices on file with the BLM on or before January 20, 2001, will expire on January 20, 2003, unless the operator chooses to extend the notice.  The only authorized activity under expired notices will be reclamation.

 

To extend a notice you must notify BLM in writing and establish a financial guarantee in accordance with § 3809.300(a) and §3809.503.  The regulations permit BLM to grant extensions for up to two years; however §3809.333 allows you to extend your notice more than once. Until your financial guarantee is approved you may not conduct on-the-ground activities after January 20, 2003.  Operators must take these actions on or before January 20, 2003 for each pre-2001 notice they wish to extend.  At any time you may modify your notice.  All modifications must meet the requirements of the January 2001 regulations. 

 

After January 20, 2003, the holder?s 3809 notice will expire, and no further operations except reclamation activities will be authorized under the notice.  The operator must reclaim existing surface disturbance to the standards established in §3809.1-3(d) (pre-2001 regulations) if the notice expires and the operator has not taken actions to meet the requirements of the January 20, 2001 rules.  This action does not require the posting of a financial guarantee.  Failure to follow these procedures may result in the issuance of a Noncompliance Order. 

 

Affected operators should direct questions or request further guidance by calling their local BLM field office or the California state office mining engineer at (916) 978-4360.

 

-BLM-