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APPENDIXES
CONTENTS
Appendix A--Existing 3809 Regulations A-2
APPENDIX A EXISTING 3809 REGULATIONS PART 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS Authority: 16 U.S.C. 351; 16 U.S.C. 460y-4; 30 U.S.C. 22; 31 U.S.C. 9701; 43 U.S.C. 154; 43 U.S.C. 299; 43 U.S.C. 1201; 43 U.S.C. 1740; 30 U.S.C. 28k. * * * * * Subpart 3809 -- Surface Management Source: 45 FR 78909, Nov. 26, 1980, unless otherwise noted. Note: The information collection requirements contained in this subpart have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1004 - 0104. This information is needed to permit the authorized officer to determine if a plan of operation is needed to protect the public lands and their resources and to determine if the plan of operations, if one is required, is adequate. The obligation to respond is required to obtain a benefit. (See 48 FR 8816, Mar. 2, 1983.) General § 3809.0 - 1 Purpose. The purpose of this subpart is to establish procedures to prevent unnecessary or undue degradation of Federal lands which may result from operations authorized by the mining laws. § 3809.0 - 2 Objectives. The objectives of this regulation are to: (a) Provide for mineral entry, exploration, location, operations, and purchase pursuant to the mining laws in a manner that will not unduly hinder such activities but will assure that these activities are conducted in a manner that will prevent unnecessary or undue degradation and provide protection of nonmineral resources of the Federal lands; (b) Provide for reclamation of disturbed areas; and (c) Coordinate, to the greatest extent possible, with appropriate State agencies, procedures for prevention of unnecessary or undue degradation with respect to mineral operations. § 3809.0 - 3 Authority. (a) Section 2319 of the Revised Statutes (30 U.S.C. 22 et seq.) provides that exploration, location and purchase of valuable mineral deposits, under the mining laws, on Federal lands shall be ``under regulations prescribed by law,'' and section 2478 of the Revised Statutes, as amended (43 U.S.C. 1201), provides that those regulations shall be issued by the Secretary. (b) Sections 302, 303, 601, and 603 of the Federal and Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) require the Secretary to take any action, by regulation or otherwise, to prevent unnecessary or undue degradation of the Federal lands, provide for enforcement of those regulations, and direct the Secretary to manage the California Desert Conservation Area under reasonable regulations which will protect the scenic, scientific, and environmental values against undue impairment, and to assure against pollution of streams and waters. (c) The Act of July 23, 1955 (30 U.S.C. 612), provides that rights under mining claims located after July 23, 1955, shall prior to issuance of patent therefor, be subject to the right of the United States to manage and dispose of the vegetative surface resources and to manage other surface resources. The Act also provides that ``Any mining claim hereafter located under the mining laws of the United States shall not be used, prior to issuance to patent therefor, for any purposes other than prospecting, mining or processing operations and uses reasonably incident thereto.'' (d) Section 9 of the Wild and Scenic Rivers Act (16 U.S.C. 1280) provides that regulations issued shall, among other things, provide safeguards against pollution of the rivers involved and unnecessary impairment of the scenery within the area designated for potential addition to, or an actual component of the national wild and scenic rivers system. (e) The Act of October 21, 1970 (16 U.S.C. 460y et seq.), as amended by Section 602 of the Federal Land Policy and Management Act of 1976 (16 U.S.C. 460y - 8), established the King Range Conservation Area in California. The Secretary is required under these Acts to manage activities in this conservation area under the General Mining Law of 1872 in such a manner as to protect the scenic, scientific, and environmental values against undue impairment, and ensure against pollution of streams and waters. [45 FR 78909, Nov, 26, 1980, as amended at 59 FR 44856, Aug. 30, 1994] § 3809.0 - 5 Definitions. As used in this subpart, the term: (a) Authorized officer means any employee of the Bureau of Land Management to whom authority has been delegated to perform the duties described in this subpart. (b) Casual Use means activities ordinarily resulting in only negligible disturbance of the Federal lands and resources. For example, activities are generally considered casual use if they do not involve the use of mechanized earth moving equipment or explosives or do not involve the use of motorized vehicles in areas designated as closed to off-road vehicles as defined in subpart 8340 of this title. (c) Federal lands means lands subject to the mining laws including, but not limited to, the certain public lands defined in section 103 of the Federal Land Policy and Management Act of 1976. Federal lands does not include lands in the National Park System, National Forest System, and the National Wildlife Refuge System, nor does it include acquired lands, Stockraising Homestead lands or lands where only the mineral interest is reserved to the United States or lands under Wilderness Review and administered by the Bureau of Land Management (these lands are subject to the 43 CFR part 3802 regulations). (d) Mining claim means any unpatented mining claim, millsite, or tunnel site located under the mining laws and those patented mining claims and millsites located in the California Desert Conservation Area which have been patented subsequent to the enactment of the Federal Land Policy and Management Act of October 21, 1976. (e) Mining laws means the Lode Law of July 26, 1866, as amended (14 Stat. 251); the Placer Law of July 9, 1870, as amended (16 Stat. 217); and the Mining Law of May 10, 1872, as amended (17 Stat. 91); and all laws supplementing and amending those laws, including among others the Building Stone Act of August 4, 1892, as amended (27 Stat. 348); and the Saline Placer Act of January 31, 1901 (31 Stat. 745). (f) Operations means all functions, work, facilities, and activities in connection with prospecting, discovery and assessment work, development, extraction, and processing of mineral deposits locatable under the mining laws and all other uses reasonably incident thereto, whether on a mining claim or not, including but not limited to the construction of roads, transmission lines, pipelines, and other means of access for support facilities across Federal lands subject to these regulations. (g) Operator means a person conducting or proposing to conduct operations. (h) Person means any citizen of the United States or person who has declared the intention to become such and includes any individual, partnership, corporation, association, or other legal entity. (i) Project area means a single tract of land upon which an operator is, or will be, conducting operations. It may include one mining claim or a group of mining claims under one ownership on which operations are or will be conducted, as well as Federal lands on which an operator is exploring or prospecting prior to locating a mining claim. (j) Reclamation means taking such reasonable measures as will prevent unnecessary or undue degradation of the Federal lands, including reshaping land disturbed by operations to an appropriate contour and, where necessary, revegetating disturbed areas so as to provide a diverse vegetative cover. Reclamation may not be required where the retention of a stable highwall or other mine workings is needed to preserve evidence of mineralization. (k) Unnecessary or undue degradation means surface disturbance greater than what would normally result when an activity is being accomplished by a prudent operator in usual, customary, and proficient operations of similar character and taking into consideration the effects of operations on other resources and land uses, including those resources and uses outside the area of operations. Failure to initiate and complete reasonable mitigation measures, including reclamation of disturbed areas or creation of a nuisance may constitute unnecessary or undue degradation. Failure to comply with applicable environmental protection statutes and regulations thereunder will constitute unnecessary or undue degradation. Where specific statutory authority requires the attainment of a stated level of protection or reclamation, such as in the California Desert Conservation Area, Wild and Scenic Rivers, areas designated as part of the National Wilderness System administered by the Bureau of Land Management and other such areas, that level of protection shall be met. (l) King Range Conservation Area means the area designated pursuant to the Act of October 21, 1970 (16 U.S.C. 460y et seq.), as amended by Section 602 of the Federal Land Policy and Management Act of 1976 (16 U.S.C. 460y - 8). [45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980, as amended at 48 FR 8816, Mar. 2, 1983; 59 FR 44856, Aug. 30, 1994] § 3809.0 - 6 Policy. Consistent with section 2 of the Mining and Mineral Policy Act of 1970 and section 102(a) (7), (8), and (12) of the Federal Land Policy and Management Act, it is the policy of the Department of the Interior to encourage the development of Federal mineral resources and reclamation of disturbed lands. Under the mining laws a person has a statutory right, consistent with Departmental regulations, to go upon the open (unappropriated and unreserved) Federal lands for the purpose of mineral prospecting, exploration, development, extraction and other uses reasonably incident thereto. This statutory right carries with it the responsibility to assure that operations include adequate and responsible measures to prevent unnecessary or undue degradation of the Federal lands and to provide for reasonable reclamation.
§ 3809.1 Operations. § 3809.1 - 1 Reclamation. All operations, whether casual, under a notice, or by a plan of operations, shall be reclaimed as required in this title. § 3809.1 - 2 Casual use: Negligible disturbance. No notification to or approval by the authorized officer is required for casual use operations. However, casual use operations are subject to monitoring by the authorized officer to ensure that unnecessary or undue degradation of Federal lands will not occur. § 3809.1 - 3 Notice: Disturbance of 5 acres or less. (a) All operators on project areas whose operations, including access across Federal lands to the project area, cause a cumulative surface disturbance of 5 acres or less during any calendar year shall notify the authorized officer in the District office of the Bureau of Land Management having jurisdiction over the land in which the claim(s) or project area is located. Prior to conducting additional operations under a subsequent notice covering substantially the same ground, the operator shall have completed reclamation of operations which were conducted under any previous notice. Notification of such activities, by the operator, shall be made at least 15 calendar days before commencing operations under this subpart by a written notice or letter. (b) Approval of a notice, by the authorized officer, is not required. Consultation with the authorized officer may be required under paragraph (c)(3) of this section when the construction of access routes are involved. Notices properly filed under this section constitute authorization under part 8340 of this title (Off-Road Vehicles). (c) The notice or letter shall include: (1) Name and mailing address of the mining claimant and operator, if other than the claimant. Any change of operator or in the mailing address of the mining claimant or operator shall be reported promptly to the authorized officer; (2) When applicable, the name of the mining claim(s), and serial number(s) assigned to the mining claim(s) recorded pursuant to subpart 3833 of this title on which disturbance will likely take place as a result of the operations; (3) A statement describing the activities proposed and their location in sufficient detail to locate the activities on the ground, and giving the approximate date when operations will start. The statement shall include a description and location of access routes to be constructed and the type of equipment to be used in their construction. Access routes shall be planned for only the minimum width needed for operations and shall follow natural contours, where practicable, to minimize cut and fill. When the construction of access routes involves slopes which require cuts on the inside edge in excess of 3 feet, the operator may be required to consult with the authorized officer concerning the most appropriate location of the access route prior to commencing operations; (4) A statement that reclamation of all areas disturbed will be completed to the standard described in § 3809.1 - 3(d) of this title and that reasonable measures will be taken to prevent unnecessary or undue degradation of the Federal lands during operations. (d) The following standards govern activities conducted under a notice: (1) Access routes shall be planned for only the minimum width needed for operations and shall follow natural contours, where practicable to minimize cut and fill. (2) All tailings, dumps, deleterious materials or substances, and other waste produced by the operations shall be disposed of so as to prevent unnecessary or undue degradation and in accordance with applicable Federal and State Laws. (3) At the earliest feasible time, the operator shall reclaim the area disturbed, except to the extent necessary to preserve evidence of mineralization, by taking reasonable measures to prevent or control on-site and off-site damage of the Federal lands. (4) Reclamation shall include, but shall not be limited to: (i) Saving of topsoil for final application after reshaping of disturbed areas have been completed; (ii) Measures to control erosion, landslides, and water runoff; (iii) Measures to isolate, remove, or control toxic materials; (iv) Reshaping the area disturbed, application of the topsoil, and revegetation of disturbed areas, where reasonably practicable; and (v) Rehabilitation of fisheries and wildlife habitat. (5) When reclamation of the disturbed area has been completed, except to the extent necessary to preserve evidence of mineralization, the authorized officer shall be notified so that an inspection of the area can be made. (e) Operations conducted pursuant to this subpart are subject to monitoring by the authorized officer to ensure that operators are conducting operations in a manner which will not cause unnecessary or undue degradation. (f) Failure of the operator to prevent undue or unnecessary degradation or to complete reclamation to the standards described in this subpart may cause the operator to be subject to a notice of noncompliance as described in § 3809.3 - 2 of this title. [45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980, as amended at 48 FR 8816, Mar. 2, 1983] § 3809.1 - 4 Plan of operations: When required. An approved plan of operations is required prior to commencing: (a) Operations which exceed the disturbance level (5 acres) described in § 3809.1 - 3 of this title. (b) Any operation, except casual use, in the following designated areas: (1) Lands in the California Desert Conservation Area designated as controlled or limited use areas by the California Desert Conservation Area plan; (2) Areas designated for potential addition to, or an actual component of the national wild and scenic rivers system, (3) Designated Areas of Critical Environmental Concern; (4) Areas designated as part of the National Wilderness Preservation System and administered by the Bureau of Land Management; (5) Areas designated as closed to off-road vehicle use as defined in subpart 8340 of this title. (6) The area designated as the King Range Conservation Area pursuant to 16 U.S.C. 460y et seq., as amended by section 602 of the Federal Land Policy and Management Act of 1976. (c) Plans properly filed and approved under this section constitute authorization under part 8340 of this title (Off-Road Vehicles). [45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980, as amended at 48 FR 8816, Mar. 2, 1983; 59 FR 44856, Aug. 30, 1994] § 3809.1 - 5 Filing and contents of plan of operations. (a) A plan of operations must be filed in the District Office of the Bureau of Land Management having jurisdiction over the Federal lands in which the claim(s) or project area is located. (b) No special form is required for filing a plan. (c) The plan shall include: (1) The name and mailing address of the operator (and claimant if not the operator). Any change of operator or change in the mailing address shall be promptly reported to the authorized officer; (2) A map, preferably a topographic map, or sketch showing existing and/or proposed routes of access, aircraft landing areas, or other means of access, and size of each area where surface disturbance will occur; (3) When applicable, the name of the mining claim(s) and mining claim serial numbers assigned to the mining claim(s) recorded pursuant to subpart 3833 of this title. (4) Information sufficient to describe or identify the type of operations proposed, how they will be conducted and the period during which the proposed activity will take place; (5) Measures to be taken to prevent unnecessary or undue degradation and measures to reclaim disturbed areas resulting from the proposed operations, including the standards listed in § 3809.1 - 3(d) of this title. Where an operator advises the authorized officer that he/she does not have the necessary technical resources to develop such measures the authorized officer will assist the operator in developing such measures. If an operator submits reclamation measures, the authorized officer will ensure that the operator's plan is sufficient to prevent unnecessary or undue degradation. All reclamation measures developed by the operator, or by the authorized officer in conjunction with the operator, shall become a part of the plan of operations. (6) Measures to be taken during extended periods of nonoperation to maintain the area in a safe and clean manner and to reclaim the land to avoid erosion and other adverse impacts. If not filed at the time of plan submittal, this information shall be filed with the authorized officer whenever the operator anticipates a period of nonoperation. [45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980] § 3809.1 - 6 Plan approval. (a) A proposed plan of operations shall be submitted to the authorized officer, who shall promptly acknowledge receipt thereof to the operator. The authorized officer shall, within 30 days of such receipt, analyze the proposal in the context of the requirement to prevent unnecessary or undue degradation and provide for reasonable reclamation, and shall notify the operator: (1) That the plan is approved; or (2) Of any changes in or additions to the plan necessary to meet the requirements of these regulations; or (3) That the plan is being reviewed, but that a specified amount of time, not to exceed an additional 60 days, is necessary to complete the review, setting forth the circumstances which justify additional time for review. However, days during which the area of operations is inaccessible for inspection shall not be counted when computing the 60 day period; or (4) That the plan cannot be approved until 30 days after a final environmental statement has been prepared and filed with the Environmental Protection Agency; or (5) That the plan cannot be approved until the authorized officer has complied with section 106 of the National Historic Preservation Act or section 7 of the Endangered Species Act. (b) The authorized officer shall consult with the appropriate official of the bureau or agency having surface management responsibilities where such responsibility is not exercised by the Bureau of Land Management. Prior to plan approval the authorized officer shall obtain the concurrence of such appropriate official to the terms and conditions that may be needed to prevent unnecessary or undue degradation. (c) The authorized officer shall undertake an appropriate level of cultural resource inventory of the area to be disturbed. The inventory shall be completed within the time allowed by these regulations for approval of the plan (30 days). The operator is not required to do the inventory but may hire an archaeologist approved by the Bureau of Land Management in order to complete the inventory more expeditiously. The responsibility for and cost of salvage of cultural resources discovered during the inventory shall be the Federal Government's. The responsibility of avoiding adverse impacts on those cultural resources discovered during the inventory shall be the operator's. (d) Pending final approval of the plan, the authorized officer shall approve any operations that may be necessary for timely compliance with requirements of Federal and State laws, subject to any terms and conditions that may be needed to prevent unnecessary or undue degradation. (e) In the event of a change of operators involving an approved plan of operations, the new operator shall satisfy the requirements of § 3809.1 - 9 of this title as it relates to bonding. [45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980] § 3809.1 - 7 Modification of plan. (a) At any time during operations under an approved plan, the operator on his/her own initiative may modify the plan or the authorized officer may request the operator to do so. (b) A significant modification of an approved plan must be reviewed and approved by the authorized officer in the same manner as the initial plan. (c)(1) If, when requested to do so by the authorized officer, the operator does not furnish a proposed modification within a reasonable time, usually 30 days, the authorized officer may recommend to the State Director that the operator be required to submit a proposed modification of the plan. The recommendation of the authorized officer shall be accompanied by a statement setting forth the facts and the reasons for the recommendations. (2) In acting upon such recommendations the State Director shall determine, within 30 days, whether: (i) All reasonable measures were taken by the authorized officer at the time the plan was approved to ensure that the proposed operations would not cause unnecessary or undue degradation of the Federal land; (ii) The disturbance from the operations of the plan as approved or from unforeseen circumstances is or may become of such significance that modification of the plan is essential in order to prevent unnecessary or undue degradation; and (iii) The disturbance can be minimized using reasonable means. (3) Once the matter has been sent to the State Director, an operator is not required to submit a proposed modification of an approved plan until a determination is made by the State Director. Where the State Director determines that a plan shall be modified, the operator shall timely submit a modified plan to the authorized officer for review and approval. (4) Operations may continue in accordance with the approved plan until a modified plan is approved, unless the State Director determines that the operations are causing unnecessary or undue degradation to the land. The State Director shall advise the operator of those reasonable measures needed to avoid such degradation and the operator shall immediately take all necessary steps to implement those measures within a reasonable period established by the State Director. § 3809.1 - 8 Existing operations. [following section was reinstated by court's May 1998 ruling] (a) Persons conducting operations on the effective date of these regulations, who would be required to submit a notice under § 3809.1 - 3 or a plan of operations under § 3809.1 - 4 of this title may continue operations but shall, within: (1) 30 days submit a notice with required information outlined in § 3809.1 - 3 of this title for operations where 5 acres or less will be disturbed during a calendar year; or (2) 120 days submit a plan in those areas identified in § 3809.1 - 4 of this title. Upon a showing of good cause, the authorized officer may grant an extension of time, not to exceed an additional 180 days, to submit a plan. (b) Operations may continue according to the submitted plan during its review. If the authorized officer determines that operations are causing unnecessary or undue degradation of the Federal lands involved, the authorized officer shall advise the operator of those reasonable measures needed to avoid such degradation, and the operator shall take all necessary steps to implement those measures within a reasonable time recommended by the authorized officer. During the period of an appeal, if any, operations may continue without change, subject to other applicable Federal and State laws. (c) Upon approval of a plan by the authorized officer, operations shall be conducted in accordance with the approval plan. [45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980] § 3809.1 - 9 Bonding requirements. [following section was reinstated by court's May 1998 ruling] (a) No bond shall be required for operations that constitute casual use (§ 3809.1 - 2) or that are conducted under a notice (§ 3809.1 - 3 of this title). (b) Any operator who conducts operations under an approved plan of operations as described in § 3809.1 - 5 of this title may, at the discretion of the authorized officer, be required to furnish a bond in an amount specified by the authorized officer. The authorized officer may determine not to require a bond in circumstances where operations would cause only minimal disturbance to the land. In determining the amount of the bond, the authorized officer shall consider the estimated cost of reasonable stabilization and reclamation of areas disturbed. In lieu of the submission of a separate bond, the authorized officer may accept evidence of an existing bond pursuant to State law or regulations for the same area covered by the plan of operations, upon a determination that the coverage would be equivalent to that provided in this section. (c) In lieu of a bond, the operator may deposit and maintain in a Federal depository account of the United States Treasury, as directed by the authorized officer, cash in an amount equal to the required dollar amount of the bond or negotiable securities of the United States having a market value at the time of deposit of not less than the required dollar amount of the bond. (d) In place of the individual bond on each separate operation, a blanket bond covering statewide or nationwide operations may be furnished at the option of the operator, if the terms and conditions, as determined by the authorized officer, are sufficient to comply with these regulations. (e) In the event that an approved plan is modified in accordance with § 3809.1 - 7 of this title, the authorized officer shall review the initial bond for adequacy and, if necessary, adjust the amount of the bond to conform to the plan as modified. (f) When all or any portion of the reclamation has been completed in accordance with the approved plan, the operator may notify the authorized officer that such reclamation has occurred and that she/he seeks a reduction in bond or Bureau approval of the adequacy of the reclamation, or both. Upon any such notification, the authorized officer shall promptly inspect the reclaimed area with the operator. The authorized officer shall then notify the operator, in writing, whether the reclamation is acceptable. When the authorized officer has accepted as completed any portion of the reclamation, the authorized officer shall authorize that the bond be reduced proportionally to cover the remaining reclamation to be accomplished. (g) When a mining claim is patented, the authorized officer shall release the operator from that portion of the performance bond which applies to operations within the boundaries of the patented land. The authorized officer shall release the operator from the remainder of the performance bond, including the portion covering approved means of access outside the boundaries of the mining claim, when the operator has completed acceptable reclamation. However, existing access to patented mining claims, if across Federal lands shall continue to be regulated under the approved plan. The provisions of this subsection do not apply to patents. issued on mining claims within the boundaries of the California Desert Conservation Area (see § 3809.6 of this title).
[45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980] § 3809.2 Prevention of unnecessary or undue degradation. § 3809.2 - 1 Environmental assessment. (a) When an operator files a plan of operations or a significant modification which encompasses land not previously covered by an approved plan, the authorized officer shall make an environmental assessment or a supplement thereto to identify the impacts of the proposed operations on the lands and to determine whether an environmental impact statement is required. (b) In conjunction with the operator, the authorized officer shall use the environmental assessment to determine the adequacy of mitigating measures and reclamation procedures included in the plan to insure the prevention of unnecessary or undue degradation of the land. If an operator advises the authorized officer that he/she is unable to prepare mitigating measures, the authorized officer, in conjunction with the operator, shall use the environmental assessment as a basis for assisting the operator in developing such measures. (c) If, as a result of the environmental assessment, the authorized officer determines that there is substantial public interest in the plan, the authorized officer shall notify the operator, in writing, that an additional period of time, not to exceed the additional 60 days provided for approval of a plan in § 3809.1 - 6 of this title, is required to consider public comments on the environmental assessment. [45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980, as amended at 48 FR 8816, Mar. 2, 1983] § 3809.2 - 2 Other requirements for environmental protection. All operations, including casual use and operations under either a notice (§ 3809.1 - 3) or a plan of operations (§ 3809.1 - 4 of this title), shall be conducted to prevent unnecessary or undue degradation of the Federal lands and shall comply with all pertinent Federal and State laws, including but not limited to the following: (a) Air quality. All operators shall comply with applicable Federal and State air quality standards, including the Clean Air Act (42 U.S.C. 1857 et seq.). (b) Water quality. All operators shall comply with applicable Federal and State water quality standards, including the Federal Water Pollution Control Act, as amended (30 U.S.C. 1151 et seq.). (c) Solid wastes. All operators shall comply with applicable Federal and State standards for the disposal and treatment of solid wastes, including regulations issued pursuant to the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.). All garbage, refuse or waste shall either be removed from the affected lands or disposed of or treated to minimize, so far as is practicable, its impact on the lands. (d) Fisheries, wildlife and plant habitat. The operator shall take such action as may be needed to prevent adverse impacts to threatened or endangered species, and their habitat which may be affected by operations. (e) Cultural and paleontological resources. (1) Operators shall not knowingly disturb, alter, injure, or destroy any scientifically important paleontological remains or any historical or archaeological site, structure, building or object on Federal lands. (2) Operators shall immediately bring to the attention of the authorized officer any cultural and/or paleontological resources that might be altered or destroyed on Federal lands by his/her operations, and shall leave such discovery intact until told to proceed by the authorized officer. The authorized officer shall evaluate the discoveries brought to his/her attention, take action to protect or remove the resource, and allow operations to proceed within 10 working days after notification to the authorized officer of such discovery. (3) The Federal Government shall have the responsibility and bear the cost of investigations and salvage of cultural and paleontology values discovered after a plan of operations has been approved, or where a plan is not involved. (f) Protection of survey monuments. To the extent practicable, all operators shall protect all survey monuments, witness corners, reference monuments, bearing trees and line trees against unnecessary or undue destruction, obliteration or damage. If, in the course of operations, any monuments, corners, or accessories are destroyed, obliterated or damaged by such operations, the operator shall immediately report the matter to the authorized officer. The authorized officer shall prescribe, in writing, the requirements for the restoration or reestablishment of monuments, corners, bearing and line trees. [45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980, as amended at 48 FR 8816, Mar. 2, 1983] § 3809.3 General provisions. § 3809.3 - 1 Applicability of State law. (a) Nothing in this subpart shall be construed to effect a preemption of State laws and regulations relating to the conduct of operations or reclamation on Federal lands under the mining laws. [[following section was reinstated by court's May 1998 ruling] (b) After the publication date of these regulations the Director, Bureau of Land Management, shall conduct a review of State laws and regulations in effect or due to come into effect, relating to unnecessary or undue degradation of lands disturbed by exploration for, or mining of, minerals locatable under the mining laws. (c) The Director may consult with appropriate representatives of each State to formulate and enter into agreements to provide for a joint Federal-State program for administration and enforcement. The purpose of such agreements is to prevent unnecessary or undue degradation of the Federal lands from operations which are conducted under the mining laws, to prevent unnecessary administrative delay and to avoid duplication of administration and enforcement of laws. Such agreements may, whenever possible, provide for State administration and enforcement of such programs. [45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980] § 3809.3 - 2 Noncompliance. (a) Failure of an operator to file a notice under § 3809.1 - 3 of this title or a plan of operations under § 3809.1 - 4 of this title will subject the operator, at the discretion of the authorized officer, to being served a notice of non-compliance or enjoined from the continuation of such operations by a court order until such time as a notice or plan is filed with the authorized officer. The operator shall also be responsible to reclaim operations conducted without an approved plan of operations or prior to the filing of a required notice. (b) Failure to reclaim areas disturbed by operations under § 3809.1 - 3 of this title is a violation of these regulations. (1) Where an operator is conducting operations covered by 3809.1 - 3 (notice) of this title and fails to comply with the provisions of that section or properly conduct reclamation according to standards set forth in 3809.1 - 3(d) of this title, a notice of noncompliance shall be served by delivery in person to the operator or his/her authorized agent, or by certified mail addressed to his/her address of record. (2) Operators conducting operations under an approved plan of operations who fails to follow the approved plan of operations may be subject to a notice of noncompliance. A notice of noncompliance shall be served in the same manner as described in § 3809.3 - 2(b)(1) of this section. (c) All operators who conduct operations under a notice pursuant to § 3809.1 - 3 and a plan pursuant to § 3809.1 - 4 of this title on Federal lands without taking the actions specified in a notice of noncompliance within the time specified therein may be enjoined by an appropriate court order from continuing such operations and be liable for damages for such unlawful acts. (d) A notice of noncompliance shall specify in what respects the operator is failing or has failed to comply with the requirements of applicable regulations, and shall specify the actions which are in violation of the regulations and the actions which shall be taken to correct the noncompliance and the time, not to exceed 30 days, within which corrective action shall be started. [following section was reinstated by court's May 1998 ruling] (e) Failure of an operator to take necessary actions on a notice of noncompliance, may constitute justification for requiring the submission of a plan of operations under § 3809.1 - 5 of this title, and mandatory bonding for subsequent operations which would otherwise be conducted pursuant to a notice under § 3809.1 - 3 of this title.
[45 FR 78909, Nov. 26, 1980; 45 FR 82934, Dec. 17, 1980] § 3809.3 - 3 Access. (a) An operator is entitled to access to his operations consistent with provisions of the mining laws. (b) Where a notice or a plan of operations is required, it shall specify the location of access routes for operations and other conditions necessary to prevent unnecessary or undue degradation. The authorized officer may require the operator to use existing roads to minimize the number of access routes, and, if practicable, to construct access roads within a designated transportation or utility corridor. When commercial hauling is involved and the use of an existing road is required, the authorized officer may require the operator to make appropriate arrangements for use and maintenance. § 3809.3 - 4 Fire prevention and control. The operator shall comply with all applicable Federal and State fire laws and regulations, and shall take all reasonable measures to prevent and suppress fires in the area of operations. § 3809.3 - 5 Maintenance and public safety. During all operations, the operator shall maintain his structures, equipment, and other facilities in a safe and orderly manner. Hazardous sites or conditions resulting from operations shall be marked by signs, fenced, or otherwise identified to alert the public in accordance with applicable Federal and State laws and regulations. § 3809.3 - 6 Inspection. The authorized officer may periodically inspect operations to determine if the operator is complying with these regulations. The operator shall permit the authorized officer access for this purpose. § 3809.3 - 7 Periods of non-operation. All operators shall maintain the site, structures and other facilities of the operations in a safe and clean condition during any non-operating periods. All operators may be required, after an extended period of non-operation for other than seasonal operations, to remove all structures, equipment and other facilities and reclaim the site of operations, unless he/she receives permission, in writing, from the authorized officer to do otherwise. § 3809.4 Appeals. (a) Any operator adversely affected by a decision of the authorized officer made pursuant to the provisions of this subpart shall have a right of appeal to the State Director, and thereafter to the Board of Land Appeals, Office of Hearings and Appeals, pursuant to part 4 of this title, if the State Director's decision is adverse to the appellant. (b) No appeal shall be considered unless it is filed, in writing, in the office of the authorized officer who made the decision from which an appeal is being taken, within 30 days after the date of receipt of the decision. A decision of the authorized officer from which an appeal is taken to the State Director shall be effective during the pendency of an appeal. A request for a stay may accompany the appeal. (c) The appeal to the State Director shall contain: (1) The name and mailing address of the appellant. (2) When applicable, the name of the mining claim(s) and serial number(s) assigned to the mining claims recorded pursuant to subpart 3833 of this title which are subject to the appeal. (3) A statement of the reasons for the appeal and any arguments the appellant wishes to present which would justify reversal or modification of the decision. (d) The State Director shall promptly render a decision on the appeal. The decision shall be in writing and shall set forth the reasons for the decision. The decision shall be sent to the appellant by certified mail, return receipt requested. (e) The decision of the State Director, when adverse to the appellant, may be appealed to the Board of Land Appeals, Office of Hearings and Appeals, pursuant to part 4 of this title. (f) Any party, other than the operator, aggrieved by a decision of the authorized officer shall utilize the appeals procedures in part 4 of this title. The filing of such an appeal shall not stop the authorized officer's decision from being effective. (g) Neither the decision of the authorized officer nor the State Director shall be construed as final agency action for the purpose of judicial review of that decision. [45 FR 78909, Nov. 26, 1980, as amended at 48 FR 8816, Mar. 2, 1983] § 3809.5 Public availability of information. (a) Information and data submitted and specifically identified by the operator as containing trade secrets or confidential or privileged commercial or financial information shall not be available for public examination. Other information and data submitted by the operator shall be available for examination by the public at the office of the authorized officer in accordance with the provisions of the Freedom of Information Act. (b) The determination concerning specific information which may be withheld from public examination shall be made in accordance with the rules in 43 CFR part 2. § 3809.6 Special provisions relating to mining claims patented within the boundaries of the California Desert Conservation Area. In accordance with section 601(f) of the Federal Land Policy and Management Act of October 21, 1976, all patents issued on mining claims located within the boundaries of the California Desert Conservation Area after the enactment of the Federal Land Policy and Management Act shall be subject to the regulations in this part, including the continuation of a plan of operations and of bonding with respect to the land covered by the patent. APPENDIX B RECIPIENTS OF THE FINAL EIS AGENCIES AND ORGANIZATIONS 3 R Minerals 3 R Assoc Env Consultants Absentee Shawnee Tribe of Oklahoma ADEQ AEG AES Engineering Afognak Native Corporation AGRA Earth & Environment Agua Caliente Band of Cahuilla Indians Ahtna, Inc. Ak-Chin Indian Community Akhiok-Kaguyak,inc. Akiachak, Limited Akutan Corporation Alabama and Coushatta Tribes Alabama Quassarte Tribal Town Alakanuk Native Corporation Alamo Navajo Chapter Alaska Miners Association, Inc. Alaska Peninsula Corporation Alaska State Governor's Office Alaska State Legislature Alaska Department of Natural Resources Alaska Placer Development, Inc. Alaska Remote Sensing & Catographic Aleknagik Natives Ltd. Aleut Corporation Alliance for the Wild Rockies Alta Gold Alturas Rancheria Federal Reservation Amax Gold Inc. - Sleeper Mine American Assay Labs, Inc. American Canoe Association American Colloid Company American Whitewater American International Group American Lands Access Assn Inc American Land Alliance American Land Conservancy American Fisheries Society, Oregon Chapter American Resource Corporation, Inc. Amigos Andalex Anderson Resources Association Inc Apache Tribe of Oklahoma Apex Bulk Commodities Apollo Gold Applied Independent Technology Applied Ecosystem Services, Inc. Arapaho Tribe Arco Alaska, Inc. Arctic Slope Consulting Group Arctic Village Arctic Treks Arizona Builders Alliance Arizona Department of Commerce Arizona Audubon Council Arizona Mining Association Arizona Department of Environmental Quality Arizona Department of Mines/Mineral Resources Arizona State Governor's Office Arizona State Historic Preservation Office Arizona Small Mine Operators Assn Arizona Electric Power Cooperative, Inc. Arizona Game & Fish Department Arizona State Parks Arctic Slope Regional Corporation Arviq, Inc. ASARCO Inc. ASE Management - BHP Minerals, International Askinuk Corporation Aspen Exploration Atmauthluak, Limited Atqasuk Corp. Atxam Corporation AUR Resources (USA) Inc. Austin Powder Company Avalon Development Corporation Azachorok, Inc Aztech Controls Corp Baan-O-Yeel Kon Corporation Bagdad Unified School District, AZ Bagdad Fire Department, AZ Bald Mountain Mine Ballard Spahr Andrews & Ingersoll Bamberg Associates Barona Group of the Barona Reservation Barretts Minerals, Inc. Barrick Bullfrog Mine Barrick Gold Exploration Barrick Goldstrike Mines Inc Barrick Gold Corporation Battle Mountian Band Colony Battle Mountain Gold Bay View Inc. Bean Ridge Corporation Bear River Band of Rohnerville Rancheria Bear Creek Council Beartooth Alliance Beaver Kwit'Chin Corporation Becharof Corporation Behre Dorbear Belkofski Corporation Bells Flats Natives, Inc. Benton County Commission, OR Bentonite Corporation Bentonite Perform Minerals Bering Straits Native Corporation Berry Creek Rancheria of Maidu Indians Bethel Native Corporation Beveridge & Diamond BHP Copper BHP - DC Office BHP Nevada Mining Company BHP Copper Robinson BHP Minerals BHP Non-Ferrous & Industrial Minerals Big Valley Rancheria Big Pine Band of Owens Valley Paiute-Shoshone Indians Big Lagoon Rancheria Big Sandy Rancheria Of Mono Indians Bjork, Lindley & Danielson, P.C. Blackfeet Reservation Blanchard Rock Shop Blue Lake Business Council BMOA/OIM Boart Longyear Company Bond Mining Trust Breckenridge Minerals Brevig Mission Native Corporation Bridgeport Paiute Indian Colony Bristol Bay Native Corporation Brohm Mining Corporation Brush Wellman, Inc. BLM Resource Advisory Councils Burns Paiute Tribe Buttercup Mining Co C.W. Rech & Company, Inc. Cabazon Band of Mission Indians Cable Mountain Mine Cachil Dehe Band of Wintun Indian of the Colusa Ind. Caddo Tribe of Oklahoma Cahto Indian Tribe Cahuilla Band of Indians W M Calhoun Inc California Department of Fish & Game California Department Of Conservation California Wilderness Coalition California Coastal Commission California Department of Transportation California Senate Committee on Environmental Quality California Department of Fish and Game California State Governor's Office California State Lands Commission California Native American Tribes California Mining Association California Trade and Commerce Agency, Office of PermitAssistance Calista Corporation Campo Band of Mission Indians Camtec Industrial Sales Cone Geochemical Inc Canoncito Navajo Colony Canyon Resources Corporation Cape Fox Corporation Carlotta Copper Company Carson Colony Community Council Carson Forest Watch Cascade Metals Inc Casper Star-Tribune Castle Mountain Mine Cedarville Rancheria of Northern Paiute Indians Celilo Village Portland Office Center for Alternative Mining Development Policy Center for Science in Public Participation Chalkyitsik Native Corporation Chaluka Corporation Chefarnrmute, Inc. Chehalis Business Council Chehalis, Chinook, and Quinault Chem Mining Consulting Ltd Chemehuevi Indian Tribe Chemical Lime Company Chenega Corporation Cherokee Nation Economic & Business Development Chevak Company Corporation Cheyenne-Arapaho Tribes Cheyenne River Sioux Tribe Chickaloon-Moose Native Assoc., Inc. Chignik River Limited Chignik Lagoon Native Corporation Chilkoot Indian Association Chino Mines Co Chinuruk Inc. Chippewa-Cree Tribe Chitina Native Corporation Choctaw Nation of Oklahoma Choggiung Ltd Chugach Natives Inc. Chugach Alaska Corporation Churchill County Commission, NV Citizen Band of Potawatomi Citizen's Coal Council Citizens for the West Citizens Advisors Committee Federal Lands Citizens of Victor City of Carlin, NV City of Elko, NV City of Globe, AZ City of Safford, AZ CLC CLD Surveying Clear Creek & Gilpin Metal Mining Clean Sites Clean Age Minerals Climax Moly Company Coast Indian Community Coastal Chemicals, Inc. Cochise Co., AZ Cocopah Indian Tribe Coeur Alaska Inc Coeur D'Alene Tribal Council Coeur D'Alene Mines Corporation Coeur Rochester, Inc. Cold Springs Rancheria of Mono Indians Colorado Mining Association Colorado State Governor's Office Colorado Division of Minerals & Geology Colorado Representative Rodrigue's Office Colorado Indian Tribe Colville Reservation Comanche Tribe of Oklahoma Cominco American Compass Mining Inc Condor Earth Technologies, Inc. Confederated Salish and Kootenai Tribes Confederated Tribe of Coos, Lower Umpqua and Siuslaw Indians Confederated Tribes of the Umatilla Consumers Health Freedom Coalition Continental Minerals, Inc. Continental Lime, Inc. Control Industries, Inc. Cook Inlet Region, Inc. Cooksley Geophysics Coquille Indian Tribe Community Cordex Exploration Company Corporon Hoehn Svitavsky Eyler & Hill Cortez Gold Mines Cortina Indian Rancheria of Wintun Indians Cotter Corporation Council Native Corporation County of San Bernardino, CA Covelo Indian Community Cow Creek Band of Umpqua Tribe of Indians Coyote Valley Tribal Council CR Minerals CR Kendall CRC, Company Creek Nation of Oklahoma, Office of the Principal Chief Creole Corp Crosible Filtration, Inc. Crow Creek Sioux Reservation Crow Tribe Crowell & Moring Llp Crown Resources Crusher Service Company CSM Cully Corporation CURE Cuyapaipe Band of Mission Indians CWG Cyprus Amax Minerals Cyprus Bagdad Copper Corporation Cyprus Climax Metals Co Cyprus Sierrita Corporation Cyprus Miami Mining D.H. Blattner & Sons D&D Tire, Inc. Dakota Resource Council Danzhit Hanlaii Corporation Davis, Graham & Stubbs Death Valley Timbi-Sha Shoshone Band Dee Gold Mining Company Defenders of Wildlife Delaware Tribe of Western Oklahoma Deloycheet, Inc. Denton Rawhide Mine Denver Mining Finance Co Desert Gold Diggers Desert Protective Council Desert Survivors Devils Lake Sioux Tribe A.K.A. Mni Wakan Oyate Tribe Diamond Hill Mines Dicaperl Minerals Dickenson City Citizens Committee "Save Virginia's Baby" Dickstein Shapiro Morin & Oshinsky Llp Digmore Mine Dineega Corporation Dinyea Corporation Diomede Native Corporation Discovery Dynamics Inc DOC/OMR Dot Lake Native Corporation Downey Brand Seymour & Rohwer LLP Doyon, Ltd. Dresslerville Colony Duck Valley Reservation Duckwater Shoshone Tribe Dupont Specialty Chemicals Dupont E & S Mining Earthjustice Legal Defense Fund Earth Science Consulting Service, Inc. Eastern Shawnee Tribe of Oklahoma Eastern Arizona Counties Organization Eastern Shoshone Tribe Echo Bay McCoy Cove Echo Bay Mines Echo Bay Minerals Company Ecology Center of Southern California EEEE, Inc. Ekeok Natives Ltd. Eklund Drilling Eklutna, Inc. El Dorado Mines Eldorado Gene's Music Elem Indian Colony of Pomo Indians Elim Native Corporation Elk Valley Tolowa Elko Band Colony Elko Chamber of Commerce Elko Daily Free Press Ely Indian Colony Emery County, UT Emmonak Corporation Enchem Technology, Inc. Energy Lab, Inc. Energy West Mining English Bay Corporation Entrix, Inc. Environmental Chemistries, Inc. Environmental Management Assocs Environmental Protection Agency Environmental Protection Agency, Office of Solid Waste ERO Resources Corporation ESA Consultants Esmerelda County Board of Commissioners, NV Eugene Sand & Gravel Eureka Development Company, Ltd. Eureka County Commissioners, NV Euro-Nevada Mining Evans Environmental Consultants Evansville, Inc. Eyak Corporation Fairbanks Industrial Development Corporation Fairmile Gold Corporation Fallon Colony Far West Inc. Federal Reservation Miwok Federal Reservation Federal Reservation Cahuilla Band of Indians Federal Reservation Pomo Federal Paiute Reservation Federal Reservation Eastern Pomo Federal Reservation Me-wuk Federal Summit Fluids Federal Reservation Rumsey Rancheria Flagstaff City Council Flandreau Santee Sioux Tribe Fleischli Oil Company Florida Canyon Mining, Inc. Forest Hydrology Northwest Fort Mcdermitt Paiute and Shoshone Tribe Fort Belknap Tribes, Environmental Protection Agency Fort Bidwell Indian Community Of Piaute Indians Fort Belknap Indian Community Gros Ventre & Assiniboine Tribes Fort Mcdowell Mohave-Apache Indian Community Fort Mohave Tribal Council Fort Mojave Reservation Fort Peck Assiniboine & Sioux Tribes Fort Sill Apache Tribe of Oklahoma Fortymile Mining District Franco-Nevada Mining Corporation, Inc. Friends of The Rocky Mountain Front Friends of Westwater Friends of Pebble Pinto Creek Gallagher & Kennedy Gallatin Wildlife Association Gana-A 'Yoo, Ltd. Gen Minerals Corp Genwal Geo Spec Engineering & Consulting Service Geodesy Resources Exploration Inc George Mason University Geotemps, Inc. Getchell Gold Corporation Gila River Pima-Maricopa Indian Community Gildarstone Mining & Restoration Ventures GIS Land Services Givens, Funke & Work Glamis Gold, Inc. Glamis Imperial Corp Glamis Marigold Mining Co Glamis Rand Mining Co Glenbrook Nickel Globe-Miami Chamber of Commerce Gochnour & Associates, Inc. Gold Bar Mine Gold Capital Corp Gold Country Miners Prospectors Org Gold Hill Mining Co Gold Hill Town Meeting, Inc Gold Prospectors Assn of America Gold Prospectors Assn of Tucson Gold Rush Golden Sunlight Mines Golden Eagle Group Golder Associates Golovin Native Corporation Goshute Pauite Tribe Goshute Reservation Gough, Shanahan, Johnson & Waterman Attorneys at Law Governor of Guam's Office Governor of Northern Mariana Island's Office Governor of American Samoa's Office GPAA, Ozarks Chapter Graham Chamber of Commerce, AZ Graham Co. Board of Supervisors, AZ Grande Ronde Tribal Council Grassroots Environmental Effective Network Graves & Assocs LTD Great Basin Agriculture Inc Great Basin Mine Watch Great Plains Rain Forest Greater Wyoming Valley Audubon Soc. Greater Fairbanks Chamber of Commerce, AK Greater Yellowstone Coalition Green Network Greenlee County, AZ Greenville Rancheria of Maidu Indians Grindstone Indian Rancheria of Wintun-Wailaki GSL Electric Guardians of the Rural Environment Inc. Gust Rosenfeld Gustin Corp Gwitchyaa Zhee Corporation Hadum Inc. Hagler Bailly Haida Corporation Harding Lawson Associates Harold Runnels Building Harris Exploration Drill & Assocs Hauntz & Assocs Havasu Gold Seekers Havasupai Tribe Hayfork Mining District Hecla Mining Company Hee-Yea-Lindge Corporation Heklet Association Heritage Land Bank High Country Citizens' Alliance Hoh Indian Tribe Homestake Mining Company Hoopa Vally Tribe Hopi Tribe Hopland Band of Pomo Indians Horizons West Hornet Enterprise Inc Hualapai Tribe Huekel Corporation Humboldt City Board of Commissioners, NV Humboldt County Commission, NV Huna Totem Corporation Hungwitchin Corporation Hycroft Hydrometrics, Inc. Idaho Conserve Lea Idaho Department of Lands Idaho Bureau of Minerals Idaho Farm Bureau Federation Idaho Gold Prospectors Assn Idaho Rural Council Idaho State Governor's Office Idaho Mining Association Idaho Rocky Mountain Ranch Igiugig Native Corporation Iliamna Natives, Limited Immanuel Congregational Church Independence Mining Co, Inc. Industrial Silica Sand Corp Ingalik, Inc. Inland Empire Public Land Council Institute of Environmental Solutions Institute for Policy Research Northwestern University International Uranium Corp Iowa Tribe of Oklahoma Iowa Tribe of Kansas and Nebraska Iqfijouaq Company Isanotski Corporation Island Mountain Protectors J D Welsh & Assocs Inc J.M. Beck & Associates J.R. Simplot Company, Smoky Canyon Mine Jackson Band of Mewuk Indians James Heimler Inc. Jamestown S'klallam Tribe Jamul Indian Village JBR Environmental Jicarilla Apache Tribe Johnson Matthey Judith River Farm K'Oyitl'Ots'Ina, Ltd. Kaibab-Paiute Tribe Kake Tribal Corporation Kaktovik Inupiat Corporation Kalispel Business Council Kalmiopsis Audubon Kansas State Governor's Office Karuk Tribe of California Kasigluk, Inc. Kavilco, Inc.Kaw Nation KD Eng. Keene Engineering Co Kennecott Minerals Company Kennecott Ridgeway Mining Company Kennecott Exploration Company Kennecott Utah Copper Corporation Kennecott/Borax Kern County Planning Department Kickapoo Traditional Tribe of Texas Kickapoo Tribe of Kansas Kickapoo Tribe of Oklahoma Kijik Corporation Kikiktagruk Inupiat Corporation King Cove Corporation King Mineral Resources Inc. Kinross Gold Klamath General Council Klawock Hennya Corporation Kleinfelder Kluckwan, Inc. Knight Piesold Knikatnu, Inc. Kokarmiut Corporation Koliganek Natives, Ltd. Kongniglkilnomiut Yuita Corp. Koniag, Inc. Kootenia Tribe of Idaho Kootznoowoo, Inc. Kotlik Yupik Corporation Koyuk Native Corporation Koyukuk Mining District Kugkaktlik, Inc. Kuitsarak, Inc. Kuskokwim Corporation Kuukpik Corporation Kvaerner Envir Kwenthluk, Inc. Kwik Inc. La Posta Band of Indians Lake Superior Greens Land & Water Consulting, Inc. Land Management Consultants Land Management Services Inc Land & Water Fund of the Rockies Lander County Commission, NV Landinfo Services Lang Exploratory Drilling Las Vegas Paiute Tribe Laser, Inc. Lassen County, CA Law Offices of R. Vrooman Le Tourneau Sales & Service Company Levelock Natives, Ltd. Lewis & Clark Water Quality Protection District, MT Lewis & Clark County, MT Lewistown District Resource Advisory Council Lexam Explorations Inc Li Treasure Hunters Club Liberty Hill Mine Lilburn Corporation Lime Village Company Lincoln County Public Lands Commission, NV Little River Band of Pomo Indians Los Coyotes Band of Mission Indians Lovelock Paiute Tribe Lower Elwha Reservation Lower Brule Sioux Tribal Council Lower Snake River Resource Advisory Council Lucky Seven, Inc. Lummi Indian Nation Luzenac America Technical Center Luzenac America Yellowstone Mine Luzenac America, Inc. Lyle Campbell Trust Lyon County Public Lands Comm., NV M-L LLC Makah Tribal Council Malin Lewis Distributing Company Manakotak Natives, Ltd. Manzanita Band of Mission Indians Mar-Industrial Falk Renew Maricopa Audubon Society Marigold Mining Company Marion County Board of Commissioners, MT Mariposa Dredge Committee Marshall Hill Cassas & De Lipkau Mary's Igloo Native Corporation Maserculiq, Inc. Maxim Technologies Mayer Equipment, Inc. Mcclelland Laboratories, Inc. McCoy/Cove Mine McKenzie Flyfishers MCZ Mec & Echo Bay Mines Meca Env Consultant MEIC Mendas Chaag Native Corporation Meridian Gold Company Mesa Grande Band of Mission Indians Mescalero Apache Reservation Metlakatla Indian Community MGA Communications Miami Tribe of Oklahoma Middletown Rancheria of Pomo Indians Miller Mountain Corporation Mine Regulation Reporter Mine Systems Design Inc Mineral Policy Center Mineral Policy Center Affiliation Minerals Exploration Coalition Miners Alliance Mining & Environmental Services Mining & Metl Society of Am Mining Journal Ltd. Minnesota Department of Natural Resources, Division of Minerals Moapa Band of Paiute Indians Modoc Tribe of Oklahoma Mohave County Public Land Use, CA Mojave Southern Great Basin RAC Mono County Mining Committee Montana River Action Network Montana Department of State Lands Montana Department of Environmental Quality Montana Bureau Of Minerals & Geology Montana State Governor's Office Montana Environmental Information Center Montana Trout Unlimited Montana Mining Association Montana Wildlife Federation Moran & Associates Morenci Unified School District, AZ Morongo Band of Mission Indians Mother Lode Goldhounds Motten & Associates Mountain Pass Wind Company Mountain Messenger Mountain States Legal Foundation MPH Consulting MT Environmental Information Center MT Tunnels Mine Mtnt, Ltd. Muckleshoot Indian Tribe Nambe Pueblo Nana Regional Corporation Napaskiak Corporation National Wildlife Federation National Outdoor Leadership School National Regional Environmental National Citizens' Coal Law Project National Mining Association National Research Council National Association of Mining Districts National Parks andConservation Assoc. Native Village of Tetlin Native Village of Venetie Natural Resources Defense Council Navajo Nation Nebraska State Governor's Office Nelson Lagoon Corporation Nevada Assn of Counties Nevada Colca Gold Inc Nevada Wildlife Federation's Endangered Species Alliance Nevada Division of Minerals Nevada Wildlife Federation Nevada State Governor's Office Nevada Department of Administration Nevada Department of Business & Industry Nevada Department of Conservation & Natural Resources Nevada Landmen's Association Nevada Division of Wildlife Nevada Mining Association Nevada Boulder Opal Nevada Cement Nevada Legislature, Committee on Public Lands Nevada State Clearinghouse Nevada Division of Environmental Protection Nevada Bureau of Mines & Geology Nevada Miners and Prospectors Assoc. Nevada Wild Horse Commission New Gold New Mexico Mining/Minerals Division New Mexico Energy, Minerals & Natural Res New Mexico Environment Department New Mexico Office of Lieutenant Governor New Mexico Mining Association New Mexico State Governor's Office Newberry Springs/Harvard Owners Assn Newcrest Resources, Inc. Newmont Gold Company Newtok Corporation Nez Perce Tribe of Idaho Nima Corporation Ninilchik Native Association, Inc. Nisqually Indian Tribe Nooksack Indian Tribe North Start Borough Assembly, AK North Santiam Watershed Council, OR North Fork Rancheria of Mono Indians North Dakota State Governor's Office Northern Plains Resource Council Northern Sierra Mining Council Northern Cheyenne Tribe Northern Alaska Environmental Center Northern Stone Supply Inc Northern State Supply Inc Northern Utah Prospectors Assn Northway Natives, Inc. Northwest Cancer Center Northwest Pipe Northwest Mining Association Northwest Montana Gold Prospectors Northwestern Mutual Life Novagold Resources Inc NPRC Nunakauiak Yup'ik Nunamiut Corporation Nunapitchuk, Limited Oceanside Corporation Office of the Governor-Jemez Pueblo Oglala Sioux Tribal Office OHM Remediation Services Oil DRI Corp of America Okanogan Highlands Alliance Okeefe Drilling Company Old Harbor Native Corporation Olgoonik Corporation Omaha Tribe Omya CA Inc ONDA Orange County 49ers Inc Oregon Department of Geology & Mining Industries Oregon Natural Desert Association Oregon Independent Miners Oregon State Governor's Office Oro Nevada Orrick, Herrington & Sutcliff Orvana Resources Corp Osage Tribe Oscarville Native Corporation Otoe-Missouria Tribe of Indians Ottawa Tribe Ounalashka Corporation Ouray County Alliance Ouzinkie Native Corporation P&H Mining Equip Pacific Green Party Pacific Sulfides Paimuit Corporation Paiute Shoshone Indians Paiute Indian Tribe of Utah Pala Band of Mission Indians Parker Mining Co Parsons Behle & Latimer Pascua Yaqui Tribe Paskenpa Band of Nomelecki Indians Pathfinder Mines Corp Paug-Vik Inc., Ltd. Pauma Band of Mission Indians Pawnee Tribe of Oklahoma Pechanga Band of Luiseno Indians Pedro Bay Native Corporation Pegasus Gold Corporation Pen Mar Historical Recovery Assn People for the West People for USA, Arizona People for USA, Nevada People for USA, Treasure Valley Peoria Tribe of Oklahoma Pete Lien & Sons Phelps Dodge Corp Phelps Dodge Tyrone Phelps Dodge Mining Company Phelps Dodge Exploration Corporation Phelps Dodge Morenci, Inc. Picuris Pueblo Pilot Point Native Corporation Pilot Station, Inc. Pinoleville Rancheri Of Pomo Indians Pinson Mining Co Pit River Tribe Pitka's Point Native Corporation Pittston Nevada Gold Company Pittston Mineral Ventures Placer Dome Inc. Placer Dome, Cortez Gold Mine Planning Information Corporation Pleuss-Staufer (California) Inc. Pojoaque Pueblo Polar Mining Inc Ponca Tribe of Nebraska Ponca Tribe of Oklahoma Port Graham Corporation Port Gamble S'klallam Poudre Environmental Consultants, Inc. Powder River Basin Resource Council Power Resources, Inc. Prairie Band Potawatomi Tribe of Kansas Precious Metals Producers Preston Gates & Ellis Process Equipment Co Prochnau-Sutherland Company Progressive Leadership Alliance of Nevada Project on Government Oversight Project Underground Prospector Shop Protect Our Resources Coalition Pruitt, Gushee & Bachtell PTI Environmental Services Public Lands Foundation Public Employees for Environmental Responsibility Public Lands Foundation Public Lands for the People Inc Pueblo of San Juan Governors Office Pueblo of Cochiti Pueblo of Sandia Pueblo of Acoma Pueblo of Santo Domingo Pueblo of Zia Pueblo of San Felipe Pueblo of Zuni Pueblo of Isleta Pueblo of Laguna Puyallup Tribe Pyramid Lake Paiute Tribe Qanirtuuq, Inc. Quadrangle Resources Inc Quapaw Tribe of Oklahoma Quartz Valley Indian Community Quechan Federal Reservation Quechan Tribe Quest International Management Services, Inc. Quileute Nation Quinault Business Committee R.A.M. Enterprise, Inc. Radiation Oncology Services Ramah Navajo Chapter Rand Mining Company Randal International Rayrock Mines Inc Redding Rancheria Redi Insulation, Inc. Redwood Valley Little River Band of Pomo Indians Reno-Sparks Colony Resource Development Council for Alaska Inc Resource Design Technology Inc Restoration Minerals Company Rheox, Inc. Rimrock Explosives Rincon San Luiseno Band of Mission Indians Rio Algom Mining Corp Riverside Cement Company Roadrunner Prospectors Rocky Mountain Air & Lubrication, Inc. Rocky Mountain Assoc Mineral Landmen Rocky Mountain Ch. of the Sierra Club Rocky Mountain Scout Romarco Minerals Root & Schindler, P.C. Rosebud Sioux Tribe Rough Country Drilling, Inc. Round Mountain Gold Corporation Royal Gold, Inc. Royalstar Resources LTD Rubber Engineering Russian Mission Native Corporation S.F. Phosphates Sac and Fox Nation of Missouri Sac and Fox Nation Sagebrush Exploration Saguyak Inc. Saint Cloud Mining Co Salamatof Native Association, Inc. San Ildefonso Pueblo San Pasqual Band of Mission Indians San Carlos Apache Tribe, Tribal Planning Office San Manuel Band of Mission Indians San Miguel County Commissioners San Juan Southern Paiute Council Sanak Corporation Santa Ynez Band of Mission Indians Santa Rosa Indian Community Santa Rosa Band of Mission Indians Santa Ana Pueblo Santa Ysabel Band of Mission Indians Santa Clara Pueblo Sauk-suiattle Indian Tribe Savoonga Native Corporation Sealaska Corporation Seldovia Native Association, Inc. Seminloe Nation of Oklahoma Seneca-Cayuga Tribe Sepa Resources Seph-De-Ye-Ah Corporation Seven Up Pete Joint Venture Seven Oaks Ranch Shaan Seet Inc. Shaktoolik Native Corporation Shea & Gardner Shee Atika, Inc. Shepherd Miller, Inc. Sheppard Mullin Richter & Hampton Llp Sherwood Valley Rancheria Of Pomo Indians Shingle Springs Rancheria Shishmaref Native Corporation Shoshone-Bannock Tribes Shumagin Corporation Sierra Club, Grand Canyon Chapter Sierra Club, Montana Chapter Sierra Club, Toiyabe Chapter Sierra Club, San Diego Chapter Sierra Club, High Desert Committee Sierra Club, Pajarito Group Sierra Club, Rincon Group Sierra Club, Santa Fe Group Sierra Club California/Nevada RCC Mining Committee Sierra Chemical Company Sierra Nevada Mineral & Industry Council Siletz Indians of Oregon Silver Valley, Peoples Action Coalition Singer Brown & Barringer Siskiyou Audubon Society Siskiyou Project Sisseton-Wahpeton Sioux Tribe Sitnasuak Native Corporation Sivuqaq Inc. |