U.S. DEPARTMENT OF THE INTERIORBUREAU OF LAND MANAGEMENT
|Locatable Minerals - Hard Rock Mining|
• Land Records (LR2000 and Nevada Plats)
Most Federal surface management agencies, as well as individual states, have regulations to protect the surface resources during exploration and mining activities.
Environmental Assessment Requirements
• Memorandum of Understanding for Mining Environmental Impact Statements within the State of Nevada. Entered into by - US Environmental Protection Agency (EPA) and US Department of the Interior Bureau of Land Management (BLM) Nevada
• MOU for Mining and Mineral Related Activities within the State of Nevada Nevada Division of Environmental Protection, Humboldt-Toyabe NF, Inyo NF, BLM Nevada
• Clarification of Native American Consultation Responsibilities (IM-2005-008)
Reclamation of disturbed sites is a requirement after completion of exploration and mining activities. To avoid duplication, the BLM, Forest Service, and Nevada Division of Environmental Protection (NDEP) have entered into a Memorandum of Understanding (MOU) on various aspects of mine permitting and reclamation in Nevada.
• BLM Reclamation Regulations (3809.420)
• NDEP Reclamation Regulations (State)
• Closure Guide (State of Nevada)
• Closure Policy (BLM Reclamation/Closure Policy Requirements)
The General Mining Law of 1872, as amended, left it up to the individual states to develop their own mining claim recordation procedures. In Nevada, the official office to file mining claim recordation documents under state law is the County Recorder's Office . Much later, the owner of unpatented mining claims and sites were required by the Federal Land Policy and Management Act (FLPMA) of 1976 (Sec. 314) to ALSO file with the BLM a COPY of the "official record of the instrument filed or recorded" under state law. In Nevada, the proper BLM office to file a copy of an official mining claim record is the BLM Nevada State Office, at the following address:
Bureau of Land Management
• For all BLM forms, visit the following website: www.blm.gov/noc/st/en/business/eForms.html
• See State of Nevada's Division of Minerals (NDOM) Web site for Nevada's Mining Claim forms
• For Small Miner Exemptions, use the Maintenance Fee Waiver, BLM Maintenance Fee Waiver Form 3830-2
• For Affidavit of Annual Assessment Work, BLM Affidavit of Annual Assessment Work Form 3830-4
• For Maintenance Fee Payment on Lode Claims, Mills Sites, and Tunnel Sites, use the Maintenance Fee Payment Form, 3830-5
• For Maintenance Fee Payment on Placer Claims, use the Maintenance Fee Payment Form, 3830-5a
• Locating Mining Claims 43 CFR 3830
Since October 1, 1994, Congress has imposed a budget moratorium on BLM acceptance of any new mineral patent applications. Until this moratorium is lifted, the BLM cannot accept any new mineral patent applications.
The BLM administers the mineral patent program through its 12 State Offices and the Headquarters office. The program has two essential components, adjudication and mineral examination. Land law examiners in each State Office adjudicate applications for completeness and compliance with the law and regulations. Once the application has successfully passed through the adjudication process, the case is assigned to the appropriate BLM field office for a formal mineral examination to verify the discovery of a valuable mineral deposit on the mining claims and/or proper use or occupancy for any mill sites.
Mineral examiners perform mineral examinations and compile the mineral report demonstrating the applicant’s compliance with the General Mining Law which provides for a successful mining claimant the right to patent mining claims or sites if they meet the statutory requirements. Applications not demonstrating a discovery or proper use or occupancy are subject to a mineral contest proceeding and possible loss of the associated mining claims and sites. If the mineral report confirms the discovery of a valuable mineral deposit and/or proper use and occupancy for any associated mill sites, the application is forwarded to the Secretary of the Interior for final review/action and potential patent.