BLM Press Release: Final Rule on Use and Occupancy of Mining Claims

The Bureau of Land Management

NEWS

BLM Publishes Final Rule on Use and Occupancy of Mining Claims

The Bureau of Land Management today published a final rule that gives BLM managers the administrative tools they need to stop squatters from illegally occupying BLM-managed lands on mining claims they are using for non-mining purposes. The rule, which appears in today's Federal Register, does not affect any individual who is engaged in a legitimate mining operation. "This new rule will benefit individuals and mining companies who are engaged in legitimate mining operations on BLM-managed lands," said BLM Acting Director Mike Dombeck. "The rule will also benefit the American people, who own these lands."

The final rule defines squatters as persons who are illegally residing on or running unauthorized non-mining businesses on BLM-managed lands. "This new rule is directed at squatters, whose abuses of mining claims have hurt the reputation of legitimate miners on the public lands," Dombeck said. "There has been a long and colorful history of abuses by squatters, including some who illegally built saloons, hunting lodges, and fishing camps. More recently, some squatters have illegally set up drug labs and reprocessed hazardous materials on BLM public lands. These abuses have to stop."

Under the final rule published today, a claimant's use and occupancy must relate to prospecting or exploration, mining or processing operations, or other land uses that are reasonably related to such activities. Thus, the new rule will not affect bona fide mining operations.

The final use-and-occupancy rule is consistent with the draft rule, which was published in 1992. The draft rule was generally supported by the mining industry, including some small-scale mining groups. In response to public comments, the BLM's final rule clarifies parts of the draft rule. For example, the final rule makes it clear that a miner's requirement to meet local building codes applies to codes in force at the time of construction.

The final rule also makes clear that possession of a mining claim or an authorization to reside on a mining claim does not deprive a legitimate miner of the privilege of recreating on the public lands.

The final rule describes standards for legitimate uses and occupancies of BLM-managed lands. Prior to starting any activity that involves residency or has the potential to support a residency, a miner must consult with the BLM's local land managers. The managers will then examine whether the miner has met the Bureau's residency conditions. If those conditions are met, the miner may reside on BLM-managed land while conducting mining-related activities.

Under the new rule, mining claimants who have existing occupancies may continue their occupancies for one year after this final rule takes effect on August 15, 1996, providing that they meet certain requirements. Miners who are currently occupying BLM-managed lands will have one year to comply with the provisions of the rule, providing that they fill out a simple form. Squatters whose activities are not reasonably related to mining and whose activities pose a threat to health, safety or the environment will not be allowed to remain on BLM-managed land during that one-year period.

BLM field investigators will visit each occupancy over the next three years to determine whether an occupant's use of a mining claim is reasonably related to mining. In cases where occupants' activities are found not to be reasonably related to mining, these persons will be notified of the BLM's finding and will be informed that their activities do not justify occupancy on Federal property. The BLM will issue an order to such persons that they must either leave the public lands or get a non-mining land-use permit to remain on the land. All occupants have the right to appeal the BLM's decision. If the BLM determines that an occupant's activities are not reasonably related to mining and that these activities constitute a threat to health and safety, the occupant will be required to leave the public lands, even if the person decides to appeal the BLM's decision. The affected individual may not occupy the public lands during the time that an appeal is pending.

Individuals who are now occupying mining claims can qualify for the one-year "grace period" -- the time allowed for coming into compliance with the rule -- by filling out a form that consists of a few simple questions and requires a signature. Occupants who fill out the form within 60 days of the effective date of the rule -- the deadline for completing the form is October 15, 1996 -- will qualify for the one-year grace period.

Any miner, whether residing on BLM public lands or not, must follow specific procedures before constructing fences or gates or posting signs that are intended to keep the public out of certain areas. Even if permitted to build fences or gates or post signs, all miners must allow the public reasonable access to adjoining Federal lands. The public, in turn, may not interfere with any authorized mining activities. Before constructing permanent structures for residency, miners must obtain all necessary State and local permits or exemptions relating to building, sewage, and safety code compliance. Miners must also comply with all applicable Federal, State, and local environmental standards. Any use or occupancy must prevent unnecessary or undue degradation of Federal lands.

To obtain a copy of the final rule, please call your State BLM Office or Tom Gorey in the BLM Public Affairs Office in Washington, D.C., at 202-452-5031, or Rick Deery in the BLM's Solid Minerals Group in Washington, D.C., at 202-452-0353.

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