Surface Management of Mineral Activities Within the Bodie Bowl Under the Bodie Protection Act of 1994

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3820

[WO-320-1990-01-24 1A]

RIN 1004-AC60

Surface Management of Mineral Activities Within the Bodie Bowl

Under the Bodie Protection Act of 1994

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Land Management (BLM) proposes to amend its

regulations to carry out the Bodie Protection Act of 1994 (the Act).

The Act withdrew Federal lands located around the historic former gold

mining town of Bodie, California from availability under the mineral

laws of the United States. The Act directs the Secretary of the

Interior (Secretary) to determine the validity of and establish surface

management requirements for all mining claims and sites within the

Bodie Bowl.

DATES: Submit comments by January 7, 1997.

ADDRESSES: Submit comments or suggestions to: Director (420), Bureau of

Land Management, Room 401 L, 1849 C Street, N.W., Washington, DC 20240.

You may also send comments by Internet to WOC[email protected]. Please

include ``attn: AC60'' and your name and address in your Internet

message. Comments will be available for public review at Room 401, 1620

L Street, N.W., Washington, DC, during regular business hours (7:45

a.m. to 4:15 p.m.), Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Bob Barbour, (202) 452-7784, or Roger

Haskins (202) 452-0355.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

Written comments on the proposed rule should be specific, confined

to issues pertinent to the proposed rule, and should explain the reason

for any recommended change. If possible, please reference the specific

section or paragraph of the proposal that you are addressing. BLM may

not consider or include in the Administrative Record for the final rule

comments received after the close of the comment period (see DATES) or

comments delivered to an address other than those listed above (see

ADDRESSES).

and should explain the reason

for any recommended change. If possible, please reference the specific

section or paragraph of the proposal that you are addressing. BLM may

not consider or include in the Administrative Record for the final rule

comments received after the close of the comment period (see DATES) or

comments delivered to an address other than those listed above (see

ADDRESSES).

II. Background

The Bureau of land Management (BLM) is adding this subpart to carry

out Title X of the Act of October 31, 1994, The Bodie Protection Act of

1994 (108 Stat. 4471, 4509). This Act withdrew Federal lands in Mono

County, California located around the historic gold mining town of

Bodie from location, leasing and disposal of minerals and mineral

materials under the mining, mineral leasing, and mineral material laws

of the United States. The Bodie Protection Act designated this area as

the Bodie Bowl and references a map dated June 12, 1992. This map is

available at the Bakersfield District Office, 3801 Pegasus Avenue,

Bakersfield, California 93308 and is included in the Administrative

Record for this proposed rule at the address listed above (see

ADDRESSES). The Act provides that:

(a) The Secretary of the Interior, in consultation with the

Governor of the State of California, must promulgate rules for

management of mineral activities within the Bodie Bowl that are no less

stringent than the rules promulgated by the National Park Service under

the Mining in the Parks Act (16 U.S.C. 1901 et seq.), now codified at

36 CFR part 9. The BLM has consulted with the Governor of the State of

California, acting by and through the State Department of Parks and

Recreation, which administers the Bodie Historic Park. The Department

of Parks assisted in the creation of this rule and will assist the BLM

in the formulation of the final rule.

(b) The Secretary of the Interior must determine the validity of

all mining claims and sites within the Bodie Bowl.

th the Governor of the State of

California, acting by and through the State Department of Parks and

Recreation, which administers the Bodie Historic Park. The Department

of Parks assisted in the creation of this rule and will assist the BLM

in the formulation of the final rule.

(b) The Secretary of the Interior must determine the validity of

all mining claims and sites within the Bodie Bowl.

(c) Mineral patents will only be issued within the Bodie Bowl if

the Secretary determines that for the claim concerned, a patent

application was filed, and all requirements fully complied with, on or

before January 11, 1993.

(d) Mining claims within the Bodie Bowl are prohibited from the

performance of annual assessment work and must instead file an annual

notice of intent to hold with the BLM.

(e) Mineral activities must be conducted so as to avoid adverse

effects on historic, cultural, recreational and natural resource values

of the Bodie Bowl.

III. Discussion of the Proposed Rule

The following section-by-section discussion of the proposed rule

explains the requirements of the proposed rule.

Part 3820--Areas Subject to Special Mining Laws

Subpart 3826--Bodie Bowl California: Surface Management

The proposed subpart is designed as the primary mechanism for

obtaining approval to conduct mineral activities within the Bodie Bowl

on claims or sites determined by the Secretary to have a valid existing

right. To avoid a duplication of plan of operations requirements, BLM

will use this subpart in conjunction with the National Park Services

(NPS) Minerals Management regulations at 36 Code of Federal Regulations

(CFR) part 9, subpart A. BLM will use the procedures, standards and

requirements of 36 CFR part 9, which would be incorporated by

reference, to process and approve plans of operations. Where provisions

of part 9 are not intended to apply, exceptions

BLM

will use this subpart in conjunction with the National Park Services

(NPS) Minerals Management regulations at 36 Code of Federal Regulations

(CFR) part 9, subpart A. BLM will use the procedures, standards and

requirements of 36 CFR part 9, which would be incorporated by

reference, to process and approve plans of operations. Where provisions

of part 9 are not intended to apply, exceptions

are noted in the proposed rule. Subpart 3826 of 43 CFR part 3820

contains additional requirements for mineral activities within the

Bodie Bowl. If a conflict occurs between a procedure, standard, or

requirement of 36 CFR part 9 and 43 CFR part 3820, subpart 3826, the

requirements of subpart 3826 prevail in all cases.

Introduction and General Provisions

Section 3826.1 What is the Purpose of This Subpart?

This section explains that the purpose of this subpart is to carry

out the requirements of the Act of October 31, 1994, for Federal lands

and to protect and preserve the current and historic attributes of the

Bodie Bowl. It would clearly set forth that the subpart does not apply

to lands patented under the public land or general mining laws.

Section 3826.2 What Standards Apply to My Mineral Activities Within

the Bodie Bowl?

This section provides the standards that mineral activities must

meet to protect and preserve the historic, cultural, recreational, and

natural resources of the Bodie Bowl.

This section identifies the regulations under which surface

management of mining claims and sites will occur on Federal lands

within the Bodie Bowl.

It provides that the regulations in Title 43 of the Code of Federal

Regulations continue to apply to Federal lands within the Bodie Bowl

except where such regulations are inconsistent with proposed subpart

3826. For instance, all recording, transfers, annual fees, and waivers

are processed pursuant to Part 3830; all claim or site definitions and

location requirements are in Part 3840; and Parts 4 and 1840 will

govern contests and appeals

the Code of Federal

Regulations continue to apply to Federal lands within the Bodie Bowl

except where such regulations are inconsistent with proposed subpart

3826. For instance, all recording, transfers, annual fees, and waivers

are processed pursuant to Part 3830; all claim or site definitions and

location requirements are in Part 3840; and Parts 4 and 1840 will

govern contests and appeals. As mentioned above, 36 CFR part 9, subpart

A, as applied to and modified by subpart 3826, would apply to all

surface management actions and approvals.

Section 3826.4 Are There BLM Definitions for Any of the Terms Used in

This Subpart?

This section contains the proposed definitions for ``Bodie Bowl'',

``Mineral Activities'', and ``Valid Existing Rights''. The proposed

definitions would track the definitions in sections 1003 and 1004(b) of

the Act.

Section 3826.5 What is the Status of Federal Land Within the Bodie

Bowl

This section explains that Federal land within the Bodie Bowl is

withdrawn from all forms of mineral location, leasing and disposal. It

would implement section 1004 of the Act.

Section 3826.6 Are State Laws Applicable?

This section explains that State laws and regulations will apply on

Federal lands within the Bodie Bowl as long as such laws and

regulations do not conflict with established Federal law or

regulations.

Section 3826.7 What Assessment Work or Annual Maintenance Requirements

Affect my Mining Claims or Sites in the Bodie Bowl?

section 1004 of the Act.

Section 3826.6 Are State Laws Applicable?

This section explains that State laws and regulations will apply on

Federal lands within the Bodie Bowl as long as such laws and

regulations do not conflict with established Federal law or

regulations.

Section 3826.7 What Assessment Work or Annual Maintenance Requirements

Affect my Mining Claims or Sites in the Bodie Bowl?

This section explains the options available to the owners of mining

claims and sites in the Bodie Bowl to avoid forfeiture of those claims

and sites under the Act of August 10, 1993; 30 U.S.C. 28 f-k. Under the

proposed rule, mining claims and sites within the Bodie Bowl are

subject to the payment of the annual $100 per claim or site maintenance

fees pursuant to 43 CFR part 3830, subpart 3833. If you own mining

claims or sites within the Bodie Bowl you must either (1) pay the

maintenance by August 31 of each year or (2) request a waiver from

payment of the maintenance fee under 43 CFR 3833.1-6(d). Denial of

access to the mining claims or sites concerned would constitute a

sufficient basis for a waiver. You must also pay the $5 fee required by

43 CFR 3833.1-6(d)(3) for each claim or site listed on your waiver

document. The waiver document, accompanied by the proper payment, would

satisfy the requirement for a notice of intention to hold, and BLM

would not require you to file a separate notice of intention to hold.

For details of the waiver requirements, see 43 CFR 3833.1-6(d)(3).

Section 3826.8 Will the Secretary of the Interior Issue Me a Mineral

or Mill Site Patent Within the Bodie Bowl?

The Secretary will not issue mineral patents within the Bodie Bowl.

Under the Act only those claimants that applied for a mineral patent on

or before to January 11, 1993 are eligible to receive a mineral patent.

According to BLM records, no one filed a mineral patent application

meeting the requirements of the Act and none are pending.

Use Authorization Procedures

ent Within the Bodie Bowl?

The Secretary will not issue mineral patents within the Bodie Bowl.

Under the Act only those claimants that applied for a mineral patent on

or before to January 11, 1993 are eligible to receive a mineral patent.

According to BLM records, no one filed a mineral patent application

meeting the requirements of the Act and none are pending.

Use Authorization Procedures

Section 3826.110 Do I Need a Plan of Operations Within the Bodie Bowl?

This section gives the information required and procedure for

filing a plan of operations. Plans of operation would be required for

all mineral activities other than casual use. Operations under a

notice, rather than approved plan, would not be allowed. This would be

as stringent as the regulations applicable to National Park System, as

required by section 1005(d) of the Act.

Section 3826.111 How Do I Obtain Access to My Mining Claims or Sites?

BLM will not approve your plan of operations until the mining

claim(s) or site(s) covered by your plan are determined by the BLM or

the Department to constitute valid existing rights. If BLM determines

that a claim or site is not valid BLM would bring a contest action

pursuant to 43 CFR 4.451. This section establishes the conditions for

physical access to an operations area or claim/site.

Section 3826.120 How Do I Get My Plan of Operations Approved?

This section, along with 36 CFR 9.10, provides the process for

approving a plan of operations within the Bodie Bowl.

Section 3826.130 Can I Change My Plan of Operations?

This section provides the process for revising or modifying an

approved plan of operations. It is read in conjunction with 36 CFR

9.12.

Section 3826.140 Am I Required To Maintain Site, Structures and

Facilities During Periods of Non-operation?

ith 36 CFR 9.10, provides the process for

approving a plan of operations within the Bodie Bowl.

Section 3826.130 Can I Change My Plan of Operations?

This section provides the process for revising or modifying an

approved plan of operations. It is read in conjunction with 36 CFR

9.12.

Section 3826.140 Am I Required To Maintain Site, Structures and

Facilities During Periods of Non-operation?

This section provides for maintenance of a safe operation and

worksite if you temporarily suspend your mineral activities. It also

requires reclamation of operations that are inactive for more than

twelve months, unless you get BLM approval.

Section 3826.150 Will the BLM Inspect My Mineral Activities?

This section provides that the site of operations is subject to

periodic inspection by BLM to ensure compliance with the approved plan

of operations and the regulations.

Section 3826.160 Can BLM Suspend or Revoke My Plan of Operations for

Failure To Take Corrective Action?

This section explains the reasons for which BLM will revoke an

approved plan and the procedures it will use to do so. It would provide

for an immediate suspension of operations if such a suspension is

necessary to protect health, safety or the environment. This provision

would be based upon section 302(c) of the Federal Land Policy and

Management Act, 43 U.S.C. 1732(c). Such decisions would remain in

effect during any

administrative appeal, unless a stay were granted.

Section 3826.170 Are Documents I Submit Open to Public Inspection?

This section provides that with regard to the public availability

of documents, the Department's Freedom of Information Act rules for

such evaluation and release, contained in 43 CFR part 2, will be

followed.

Reclamation of Lands

Section 3826.210 Am I Responsible for Reclamation of My Claims or

Sites?

a stay were granted.

Section 3826.170 Are Documents I Submit Open to Public Inspection?

This section provides that with regard to the public availability

of documents, the Department's Freedom of Information Act rules for

such evaluation and release, contained in 43 CFR part 2, will be

followed.

Reclamation of Lands

Section 3826.210 Am I Responsible for Reclamation of My Claims or

Sites?

This section establishes the requirement for reclamation of Federal

lands affected by mineral activities authorized under 43 CFR part 3820,

subpart 3826. Such reclamation would have to begin no later than six

months from completion of mining operations. It also requires those

claimants whose mining claims or sites are determined by BLM or the

Department not to have valid existing rights, to commence final

reclamation within six months of such final administrative decision. In

addition if a person has no present development plans for a mining

claim determined by BLM or the Department to have valid existing

rights, the proposal would require him to submit a plan to reclaim

previous disturbances. Such plan would have to be submitted within one

year of that determination.

This section also gives the form and manner of final reclamation

BLM expects at the end of mineral activities, including restoration of

natural processes and historic and scenic conditions to the extent

economically and technologically practicable.

Section 3826.211 Am I Responsible for Damage to Federal Lands Caused

by My Mineral Activities?

Proposed 43 CFR 3826.211 would clarify that you are responsible for

damages or adverse effects upon the Federal lands within the Bodie Bowl

resulting from a failure to comply with your approved plan of

operations.

Bonds and Financial Guarantees

Section 3826.310 Do I Need Reclamation and Performance Bonds To

Conduct My Mineral Activities?

orfeiture of the bond or other financial

guarantee by BLM to implement the corrective action specified in the

notice(s) of noncompliance.

Section 3826.420 What Acts Am I Prohibited From Taking?

This section lists the actions or lack of action which are

prohibited and are, therefore, subject to civil or criminal

enforcement.

Section 3826.430 Will I Be Penalized if I Commit a Prohibited Act?

This section describes the civil and criminal penalties BLM may

impose if you knowingly and willfully engage in a prohibited act or

knowingly and willfully violate any requirement of proposed 43 CFR part

3820, subpart 3826. The criminal penalties described in this section

are from the Sentencing Reform Act of 1994, as amended (18 U.S.C. 3551

et seq.), for Class A misdemeanors under that Act. Violations of FLPMA

are Class A misdemeanor under that Act. Class A misdemeanors under the

Sentencing Reform Act, as amended, provides for fines of up to $100,000

for individuals and $200,000 for organizations, or for imprisonment of

individuals for not to exceed one year, or both. For paragraph (c) a

conviction under the False Claims Act, 18 U.S.C. 1001, is a Class E

felony under the Sentencing Reform Act of 1994. The penalty is a fine

of $250,000 or imprisonment for up to five years, or both.

Appeals

Section 3826.510 What if I Disagree With a Decision Made Under This

Subpart?

This section explains where to find the administrative and

procedural requirements for filing a protest or appeal to an adverse

decision of BLM and cross-references 43 CFR parts 4 and 1840. Proposed

paragraph (b) would specify which decisions would remain in effect

during the periods for appeal and during the pendency of an appeal

unless a stay is granted.

IV. Procedural Matters

National Environmental Policy Act

where to find the administrative and

procedural requirements for filing a protest or appeal to an adverse

decision of BLM and cross-references 43 CFR parts 4 and 1840. Proposed

paragraph (b) would specify which decisions would remain in effect

during the periods for appeal and during the pendency of an appeal

unless a stay is granted.

IV. Procedural Matters

National Environmental Policy Act

BLM prepared an environmental assessment (EA) and determined that

the proposed rule does not constitute a major Federal action

significantly affecting the quality of the human environment, and that

no detailed statement pursuant to section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is required.

The EA and FONSI are on file in the Administrative Record for the

proposed rule at the address specified previously (see ADDRESSES).

Federal Paperwork Reduction Act

This subpart relies upon previously approved OMB information

collection requirements for mining claim location and annual

maintenance procedures under 43 CFR part 3833 (OMB clearance number

1004-0114); for plans of operations and associated financial guarantees

under 43 CFR part 3800, subpart 3809 (OMB clearance number 1004-0104);

and plans of operations processing, approval, and reclamation under 36

CFR part 9 (OMB clearance number 1024-0064). This proposed rule does

not contain additional information collection requirements that require

approval by the Office of Management and Budget under the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.).

Regulatory Flexibility Act

BLM determined that the proposed rule will not have a significant

economic effect on a substantial number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.). There are only six

mining claimants present within the limits of the Congressional

withdrawal, with the mineral rights controlled by or through one

claimant, Galactic Resources, Inc. No one can locate new claims within

the withdrawn area.

sed rule will not have a significant

economic effect on a substantial number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.). There are only six

mining claimants present within the limits of the Congressional

withdrawal, with the mineral rights controlled by or through one

claimant, Galactic Resources, Inc. No one can locate new claims within

the withdrawn area.

Unfunded Mandates Reform Act

BLM has determined that this regulation is not significant under

the Unfunded Mandates Reform Act of 1995 since it will not result in

the expenditure by State, local, or tribal governments, in the

aggregate, or by the private sector, of $100,000,000 or more in any one

year.

This regulation will not significantly or uniquely affect small

governments.

Executive Order 12988

The Department conducted an Executive Order 12988 review of the

proposed rule and determined that it meets the applicable standards of

section 3 (a) and (b) of the Executive Order.

Executive Order 12866

BLM reviewed the proposed rule and determined that it is not a

significant regulatory action under Executive Order 12866.

Authors

The principal authors of this proposed rule are Douglas Dodge of

the Bishop Resource Area, Roger Haskins of the Solid Minerals Group,

Bob Barbour of the Regulatory Affairs Group, and Joel Yudson of the

Office of the Solicitor, Department of the Interior.

List of Subjects in 43 CFR Part 3820

Administrative practice and procedure, Environmental protection,

Fees, Intergovernmental affairs, Mines, Public lands--mineral

resources, Reporting and recordkeeping requirements, Special mining

acts, Surety bonds, Surface management.

Dated: October 2, 1996.

Sylvia V. Baca,

Deputy Assistant Secretary--Land and Minerals Management.

For the reasons discussed above 43 CFR part 3820 is proposed to be

amended as follows:

PART 3820--AREAS SUBJECT TO SPECIAL MINING LAWS

1. The authority citation for part 3820 is revised to read as

follows:

and recordkeeping requirements, Special mining

acts, Surety bonds, Surface management.

Dated: October 2, 1996.

Sylvia V. Baca,

Deputy Assistant Secretary--Land and Minerals Management.

For the reasons discussed above 43 CFR part 3820 is proposed to be

amended as follows:

PART 3820--AREAS SUBJECT TO SPECIAL MINING LAWS

1. The authority citation for part 3820 is revised to read as

follows:

Authority: Secs. 1001-1007, Pub. L. 103-433, 108 Stat. 4509; 30

U.S.C. 22 et seq; 43 U.S.C. 1701 et seq.

2. Subpart 3826, consisting of Sec. 3826.1 through 3826.510, is

added to read as follows:

Subpart 3826--Bodie Bowl, California: Surface Management

Introduction and General Provisions

Sec.

3826.1 What is the purpose of this subpart?

3826.2 What standards apply to my mineral activities within the

Bodie Bowl?

3826.4 Are there any BLM definitions for the terms used in this

subpart?

3826.5 What is the status of the Federal land within the Bodie

Bowl?

3826.6 Are state laws applicable to my mineral activities within

the Bodie Bowl?

3826.7 What assessment work or annual maintenance requirements

apply to my mining claims or sites in the Bodie Bowl?

3826.8 Will the Secretary of the Interior issue me a mineral patent

within the Bodie Bowl?

3826.9 Does BLM have a new information collection requirement under

this subpart?

Use Authorization Procedures

3826.110 Do I need a plan of operations within the Bodie Bowl?

3826.111 How do I obtain access to my mining claims or sites?

3826.120 How do I get my plan of operations approved?

3826.130 Can I change my plan of operations?

3826.140 Am I required to maintain my site, structures, and

facilities during periods of non-operation?

3826.150 Will BLM inspect my mineral activities?

3826.160 Can BLM suspend or revoke my plan of operations if I fail

to take corrective action?

3826.170 Are documents I submit open for public inspection?

Reclamation of Lands

of operations approved?

3826.130 Can I change my plan of operations?

3826.140 Am I required to maintain my site, structures, and

facilities during periods of non-operation?

3826.150 Will BLM inspect my mineral activities?

3826.160 Can BLM suspend or revoke my plan of operations if I fail

to take corrective action?

3826.170 Are documents I submit open for public inspection?

Reclamation of Lands

3826.210 Am I responsible for reclamation of my claims or sites?

3826.211 Am I responsible for damage to Federal lands caused by my

mineral activities?

Bonds and Financial Guarantees

3826.310 Do I need a reclamation bond or other financial guarantee

to conduct my mineral activities?

Prohibited Acts, Penalties, and Enforcement

3826.410 What if I fail to comply with this subpart?

3826.420 What acts am I prohibited from taking?

3826.430 Will I be penalized if I commit a prohibited act?

Appeals

3826.510 What if I disagree with a decision made under this

subpart?

Subpart 3826--Bodie Bowl, California: Surface Management

Introduction and General Provisions

Sec. 3826.1 What is the purpose of this subpart?

This subpart implements the requirements of the Bodie Protection

Act of 1994 for all mineral activities conducted on or under mining

claims, mill sites, or tunnel sites on Federal lands within the Bodie

Bowl, California which result from the exercise of valid existing

mineral rights on unpatented mining claims or sites. This subpart does

not apply to lands patented under the public land or general mining

laws.

Sec. 3826.2 What standards apply to my mineral activities within the

Bodie Bowl?

es conducted on or under mining

claims, mill sites, or tunnel sites on Federal lands within the Bodie

Bowl, California which result from the exercise of valid existing

mineral rights on unpatented mining claims or sites. This subpart does

not apply to lands patented under the public land or general mining

laws.

Sec. 3826.2 What standards apply to my mineral activities within the

Bodie Bowl?

(a) Your mineral activities must be conducted so as to:

(1) Ensure that operations and activities on mining claims and

sites within the Bodie Bowl are conducted in a manner consistent with

the Management Plan for the Bodie Bowl Area of Critical Environmental

Concern;

(2) Avoid adverse effects on the historic, cultural, recreational,

and natural resource values of the Bodie Bowl, including, but not

limited to physical and aesthetic impacts to Bodie Bowl's historical

integrity, cultural values, and ghost town character; and

(3) Minimize other adverse impacts to the environment.

(b) The regulations at 36 CFR 9.9 through and including 9.12 apply

to mineral activities upon Federal lands within the Bodie Bowl, except

as provided in this subpart. When applying 36 CFR part 9, the terms

listed below have the following meanings:

(1) Regional Director means District Manager, Bakersfield District

Office, Bureau of Land Management.

(2) Significant means any surface disturbance within the Bodie Bowl

resulting from mineral activities other than casual use as defined in

43 CFR 3809.0-5(b).

(3) Statement for Management means the Management Plan for the

Bodie Bowl Area of Critical Environmental Concern.

(4) Superintendent means Area Manager, Bishop Resource Area, Bureau

of Land Management.

(5) Unit means the Bodie Bowl.

.

(2) Significant means any surface disturbance within the Bodie Bowl

resulting from mineral activities other than casual use as defined in

43 CFR 3809.0-5(b).

(3) Statement for Management means the Management Plan for the

Bodie Bowl Area of Critical Environmental Concern.

(4) Superintendent means Area Manager, Bishop Resource Area, Bureau

of Land Management.

(5) Unit means the Bodie Bowl.

(c) The regulations in 43 CFR subtitle A and chapter II of subtitle

B, including but not limited to groups 1800, 3700 and 3800, continue to

apply to Federal lands within the Bodie Bowl unless their application

is inconsistent with the provisions of this subpart.

Sec. 3826.4 Are there any BLM definitions for the terms used in this

subpart?

(a) Bodie Bowl means the Federal lands and interests in lands

within the area generally depicted as the Bodie Bowl on the map dated

June 12, 1992, and designated as the Bodie Bowl by sections 1003 and

1004(a) of the Bodie Protection Act of 1994.

(b) Mineral activities means any activity involving mineral

prospecting, exploration, extraction, mining, beneficiation,

processing, and reclamation.

(c) Valid existing rights means in reference to the general mining

laws that:

(1) A mining claim, mill site or tunnel site located on lands

within the Bodie

Bowl that was properly located and maintained under the general mining

laws on or before October 31, 1994; and

(2) (i) As to any mining claim, the claim was supported by a

discovery of a valuable mineral deposit within the meaning of the

general mining laws on that date, and that such claim continues to be

supported by such a discovery, properly maintained, and otherwise

valid;

(ii) As to any mill site, the mill site was and still is being used

or occupied for uses reasonably incident to mining or milling purposes

and continues to be properly maintained and otherwise valid; or

luable mineral deposit within the meaning of the

general mining laws on that date, and that such claim continues to be

supported by such a discovery, properly maintained, and otherwise

valid;

(ii) As to any mill site, the mill site was and still is being used

or occupied for uses reasonably incident to mining or milling purposes

and continues to be properly maintained and otherwise valid; or

(iii) As to any tunnel site, work on the tunnel site was and is

being performed with reasonable diligence by its proprietors, and

continues to be properly maintained and otherwise valid.

Sec. 3826.5 What is the status of Federal land within the Bodie Bowl?

On October 31, 1994 the Bodie Protection Act of 1994 withdrew all

Federal land within the Bodie Bowl, subject to valid existing rights,

from:

(a) All entry, location, and disposal under the general mining laws

(30 U.S.C. 22 et seq.);

(b) Leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.)

and the Geothermal Steam Act (30 U.S.C. 1001 et seq.); and

(c) Disposal of mineral materials under the Materials Act of 1947

(30 U.S.C. 601 et seq.).

Sec. 3826.6 Are state laws applicable to my mineral activities within

the Bodie Bowl?

Yes. State laws and regulations will apply to your operations on

Federal lands within the Bodie Bowl as long as they do not conflict

with Federal law or regulation.

Sec. 3826.7 What assessment work or annual maintenance requirements

apply to my mining claims or sites in the Bodie Bowl?

If you hold mining claims and mill or tunnel sites within the Bodie

Bowl, you are:

(a) Prohibited from performing annual assessment work under 43 CFR

part 3850, subpart 3851 and must instead file an annual notice of

intent to hold with the BLM under 43 CFR part 3830, subpart 3833. Under

43 CFR 3833.1-5(f), payment of the $100 annual maintenance fee

satisfies the requirement to file a notice of intention to hold.

aims and mill or tunnel sites within the Bodie

Bowl, you are:

(a) Prohibited from performing annual assessment work under 43 CFR

part 3850, subpart 3851 and must instead file an annual notice of

intent to hold with the BLM under 43 CFR part 3830, subpart 3833. Under

43 CFR 3833.1-5(f), payment of the $100 annual maintenance fee

satisfies the requirement to file a notice of intention to hold.

(b) Subject to the annual $100 per claim or site maintenance fees

required under 43 CFR part 3830, subpart 3833. In this case, you must

either:

(1) Pay the maintenance fees to BLM on or before each August 31; or

(2) Apply for a waiver from the maintenance fee requirement under

43 CFR 3833.1-6(d); denial by the United States of access to the mining

claims or sites concerned will constitute a sufficient basis for a

waiver. If you file a waiver request you must submit the $5 fee

required by 43 CFR 3833.1-6(d)(3) for each mining claim, mill, or

tunnel site listed on your waiver document. The filing of a waiver

document with the proper service charges satisfies the requirement to

file a notice of intention to hold, and a separate notice of intention

to hold will not be required to be filed with the BLM.

Sec. 3826.8 Will the Secretary of the Interior issue me a mineral

patent within the Bodie Bowl?

The Secretary will not issue a mineral patent within the Bodie

Bowl. If you have mining claims within the Bodie Bowl you were required

by the Bodie Protection Act of 1994 to file your patent applications on

or before January 11, 1993. BLM records show that no one met this

requirement.

Sec. 3826.9 Does BLM have a new information collection requirement

under this subpart?

hin the Bodie Bowl?

The Secretary will not issue a mineral patent within the Bodie

Bowl. If you have mining claims within the Bodie Bowl you were required

by the Bodie Protection Act of 1994 to file your patent applications on

or before January 11, 1993. BLM records show that no one met this

requirement.

Sec. 3826.9 Does BLM have a new information collection requirement

under this subpart?

No new information collection is required by this subpart over and

above what is already provided for under the current OMB approvals. We

are required by the Paperwork Reduction Act, as amended (44 U.S.C.

3507) to provide you with an explanation of why information contained

in this subpart is required of you. This subpart relies upon previously

approved OMB information collection requirements for mining claim

location and annual maintenance procedures under 43 CFR part 3830,

subpart 3833 (OMB clearance number 1004-0114); for plans of operations

and associated financial guarantees under 43 CFR part 3800, subpart

3809 (OMB clearance number 1004-0104); and plans of operations

processing, approval, and reclamation under 36 CFR part 9 (OMB

clearance number 1024-0064). Please refer to the referenced CFR parts

and subparts for the necessary information collection disclosures and

points of contact for comments on such information collections.

Use Authorization Procedures

Sec. 3826.110 Do I need a plan of operations within the Bodie Bowl?

(a) You must have an approved plan of operations to conduct mineral

activities within the Bodie Bowl. You do not need a plan of operations

for casual use as defined in 43 CFR 3809.0-5(b). BLM will not approve

your plan of operations until the mining claim(s) or site(s) covered by

your plan are determined by the BLM or the Department to constitute

valid existing rights.

ithin the Bodie Bowl?

(a) You must have an approved plan of operations to conduct mineral

activities within the Bodie Bowl. You do not need a plan of operations

for casual use as defined in 43 CFR 3809.0-5(b). BLM will not approve

your plan of operations until the mining claim(s) or site(s) covered by

your plan are determined by the BLM or the Department to constitute

valid existing rights.

(b) You must file your plan of operations in accordance with 36 CFR

9.9. The following exceptions to 36 CFR 9.9 apply:

(1) In paragraph (b)(5), only the first sentence applies;

(2) Paragraph (b)(8) does not apply; and

(3) Paragraph (d) does not apply.

Sec. 3826.111 How do I obtain access to my mining claims or sites?

Your plan of operations must specify the location of access routes

for mineral activities and other purposes necessary under this subpart.

BLM may require you to use existing roads to minimize the number of

access routes, and, if practicable, to construct access roads within a

transportation or utility corridor.

Sec. 3826.120 How do I get my plan of operations approved?

BLM will process your plan of operations in accordance with 36 CFR

9.10 except for the following:

(a) Paragraph (a)(1) does not apply;

(b) The proviso at the end of paragraph (a)(3) does not apply;

(c) Paragraph (a)(5) shall not apply;

(d) The date of January 26, 1977 in 36 CFR 9.10(a)(2) and (a)(3)

does not apply. Instead, for purposes of significant surface

disturbances under this subpart, the date of October 31, 1994 applies;

and

accordance with 36 CFR

9.10 except for the following:

(a) Paragraph (a)(1) does not apply;

(b) The proviso at the end of paragraph (a)(3) does not apply;

(c) Paragraph (a)(5) shall not apply;

(d) The date of January 26, 1977 in 36 CFR 9.10(a)(2) and (a)(3)

does not apply. Instead, for purposes of significant surface

disturbances under this subpart, the date of October 31, 1994 applies;

and

(e) References to 36 CFR 9.4 are not applicable to this subpart.

Sec. 3826.130 Can I change my plan of operations?

You can modify, supplement, or revise your plan of operations in

accordance with 36 CFR 9.12, except that the reference in the last

sentence of 36 CFR 9.12 to 36 CFR 9.14 does not apply. Instead, you may

appeal under 43 CFR 3826.510.

Sec. 3826.140 Am I required to maintain my site, structures, and

facilities during periods of non-operation?

You must maintain your site, structures and other facilities in a

safe condition during any non-operating periods. You must, after an

extended period of non-operation for other than seasonal operations,

remove all structures, equipment and other facilities and reclaim the

site of operations, unless you receive permission in writing from BLM

to do

otherwise. BLM will consider your operation complete when you cease to

operate for a period of 12 months or more. At that time, you are

required to close and reclaim your site under 43 CFR 3826.210, unless

you receive written permission from BLM to do otherwise.

Sec. 3826.150 Will BLM inspect my mineral activities?

BLM will periodically inspect your operations to determine if you

are complying with these regulations and your approved plan of

operations. You must permit BLM access for this purpose.

Sec. 3826.160 Can BLM suspend or revoke my plan of operations if I

fail to take corrective action?

u receive written permission from BLM to do otherwise.

Sec. 3826.150 Will BLM inspect my mineral activities?

BLM will periodically inspect your operations to determine if you

are complying with these regulations and your approved plan of

operations. You must permit BLM access for this purpose.

Sec. 3826.160 Can BLM suspend or revoke my plan of operations if I

fail to take corrective action?

(a) After giving you notice and opportunity for a hearing, (except

as provided in paragraph (b) of this section), the BLM may suspend or

revoke approval of your plan of operations if you have any uncorrected

noncompliance that violates the terms of your approved or revised plan

of operations or if you have uncorrected noncompliance with any other

provision of this subpart.

(b) BLM will issue an order for the immediate suspension of your

operations if we determine that such a suspension is necessary to

protect health, safety or the environment. You may not resume operation

until you correct the situation and receive written permission from the

BLM to recommence operations.

Sec. 3826.170 Are documents I submit open for public inspection?

Any document you submit is available for public inspection, subject

to the terms of 43 CFR Part 2, the Interior Department rules

implementing the Freedom of Information Act.

Reclamation of Lands

Sec. 3826.210 Am I responsible for reclamation of my claims or sites?

(a) You must reclaim Federal lands affected by your mineral

activities as soon as possible, but in no case begin later than six (6)

months after completion of mining operations. If your approved mining,

reclamation or closure plan has a specified time frame for reclamation,

you must meet that time frame.

(1) You must perform your reclamation in accordance with 36 CFR

9.11, except that paragraphs (a)(1), (a) (2)(iii), and (c) of 36 CFR

9.11 do not apply.

(2) You must to the extent economically and technologically

practicable replace overburden and spoil material to restore natural

processes.

eclamation or closure plan has a specified time frame for reclamation,

you must meet that time frame.

(1) You must perform your reclamation in accordance with 36 CFR

9.11, except that paragraphs (a)(1), (a) (2)(iii), and (c) of 36 CFR

9.11 do not apply.

(2) You must to the extent economically and technologically

practicable replace overburden and spoil material to restore natural

processes.

(3) You must return the area to a condition which does not

jeopardize visitor safety or public use, and to the extent economically

and technologically practicable return the historic and scenic

landscape to a condition equivalent to that which existed before your

operations.

(b) You must submit a reclamation plan meeting the requirements of

paragraph (a) of this section for all mining claims or sites that are

determined by the BLM not to have valid existing rights. You will have

six calendar months from the date of BLM's determination, or, if that

decision is appealed under 36 CFR 3826.510 and upheld, the Department's

decision to submit a reclamation plan for your claims or sites.

(c) If you have mining claims or sites that are determined by BLM

or the Department to have valid existing rights and do not plan to

operate on these claims or sites within one year of that determination,

you must submit a reclamation plan within one year of that

determination. That plan must meet the requirements of paragraph (a) of

this section for disturbances caused by previous mineral activities.

Sec. 3826.211 Am I responsible for damage to Federal lands caused by

my mineral activities?

You are responsible for any damage or adverse effects upon the

Federal lands within the Bodie Bowl resulting from your failure to

comply with the terms of the approved plan of operations and/or

reclamation plan.

Bonds and Financial Guarantees

Sec. 3826.310 Do I need a reclamation bond or other financial

guarantee to conduct my mineral activities?

ral lands caused by

my mineral activities?

You are responsible for any damage or adverse effects upon the

Federal lands within the Bodie Bowl resulting from your failure to

comply with the terms of the approved plan of operations and/or

reclamation plan.

Bonds and Financial Guarantees

Sec. 3826.310 Do I need a reclamation bond or other financial

guarantee to conduct my mineral activities?

(a) Before you begin any surface disturbance under your plan of

operations, you must submit and obtain approval for a financial

guarantee meeting the requirements of 43 CFR 3809.1-9. In addition to

the types of bonds listed in 43 CFR 3809.1-9, you may file an

irrevocable letter of credit acceptable to BLM. Your financial

guarantee must be sufficient in amount to cover the estimated cost of

full reclamation under your approved reclamation plan. You must file

your financial guarantee in the California State Office of the Bureau

of Land Management.

(b) If you revise or supplement your approved plan of operations in

accordance with Sec. 3826.130, BLM will adjust the amount of the

financial guarantee to conform to the modified plan of operations.

(c) BLM may review the amount of the bond and make an adjustment

based upon the outcome of our review.

Prohibited Acts, Penalties, and Enforcement

Sec. 3826.410 What if I fail to comply with this subpart?

(a) If you fail to comply BLM may send you a notice of

noncompliance. BLM will serve a notice of noncompliance either by:

(1) Personal service (delivery) to you or your authorized agent of

record; or

(2) Certified or registered mail, return receipt requested.

(b) The notice of noncompliance will specify:

(1) The regulation you violated;

(2) The corrective action you must take; and

(3) How much time you have to take the corrective action.

ce of

noncompliance. BLM will serve a notice of noncompliance either by:

(1) Personal service (delivery) to you or your authorized agent of

record; or

(2) Certified or registered mail, return receipt requested.

(b) The notice of noncompliance will specify:

(1) The regulation you violated;

(2) The corrective action you must take; and

(3) How much time you have to take the corrective action.

(c) Failure to take the necessary corrective actions within the

specified time frame may subject you to:

(1) A court order enjoining continuation of operations;

(2) Penalties specified under 43 CFR 3826.430;

(3) A record of noncompliance;

(4) A suspension or revocation of your plan of operations, in

accordance with Sec. 3826.160; and

(5) Forfeiture of your bond or other financial guarantee by BLM to

implement the corrective actions required in the notice of

noncompliance.

Sec. 3826.420 What acts am I prohibited from taking?

You must not:

(a) Conduct mineral activities without the approved plan of

operations required in 43 CFR part 3800, subpart 3809 and 43 CFR

3826.110.

(b) Fail to comply with a notice of noncompliance issued under 43

CFR 3826.410, unless BLM extends the time frame or otherwise modifies

in writing the requirements set forth in your notice of noncompliance.

(c) Fail to complete reclamation required in your approved plan of

operations and 43 CFR 3826.210.

(d) Fail to allow inspection of your mineral activities by BLM

under 43 CFR 3826.150.

(e) Conduct operations which use cyanide or other leachates not

described in the approved plan of operations required by 43 CFR

3826.110.

(f) Conduct operations without a financial guarantee accepted by

BLM under 43 CFR 3826.310.

(g) Fail to prevent adverse effects to the historical, cultural,

recreational or

natural resource values under 43 CFR 3826.2.

(h) Fail to notify BLM of, and leave intact, newly discovered

cultural resources as required under 43 CFR 3826.2 (incorporating the

relevant terms of 36 CFR 9.10).

3826.110.

(f) Conduct operations without a financial guarantee accepted by

BLM under 43 CFR 3826.310.

(g) Fail to prevent adverse effects to the historical, cultural,

recreational or

natural resource values under 43 CFR 3826.2.

(h) Fail to notify BLM of, and leave intact, newly discovered

cultural resources as required under 43 CFR 3826.2 (incorporating the

relevant terms of 36 CFR 9.10).

(i) Fail to protect or report damage to survey and other monuments

as required under 43 CFR 3826.2 (incorporating the relevant terms of 36

CFR 9.10).

(j) Fail to mark hazardous sites or conditions resulting from

operations as required under 43 CFR 3826.2 (incorporating the relevant

terms of 36 CFR 9.10).

(k) Fail to reclaim operations following an extended period of non-

operations as required by 43 CFR 3826.210.

(l) Submit false or fictitious information or other

misrepresentation.

Sec. 3826.430 Will I be penalized if I commit a prohibited act?

(a) If you knowingly and willfully commit one or more of the

prohibited acts listed in 43 CFR 3826.420 or knowingly and willfully

violate any other requirement of this subpart you are subject to

criminal prosecution on each offense. Upon conviction, if you are an

individual, you will be subject to a fine of not more than $100,000, or

the alternate fine provisions of 18 U.S.C. 3571, or imprisoned for no

more than twelve months, or both.

(b) Any organization that knowingly and willfully commits one or

more of the prohibited acts of 43 CFR 3826.420 or violates any other

requirement of this subpart is subject to criminal prosecution on each

offense. If convicted, the organization will be subject to a fine of

not more than $200,000, or the alternate fine provided for in the

applicable provisions of 18 U.S.C. 3571.

ths, or both.

(b) Any organization that knowingly and willfully commits one or

more of the prohibited acts of 43 CFR 3826.420 or violates any other

requirement of this subpart is subject to criminal prosecution on each

offense. If convicted, the organization will be subject to a fine of

not more than $200,000, or the alternate fine provided for in the

applicable provisions of 18 U.S.C. 3571.

(c) For each offense arising under 18 U.S.C. 1001, persons or

organizations committing the offense may be fined $250,000 or

imprisoned for up to 5 years, or both.

Appeals

Sec. 3826.510 What if I disagree with a decision made under this

subpart?

(a) Any party who is adversely affected by decision made by BLM

under this subpart may appeal the decision in accordance with parts 4

and 1840 of this title.

(b) Decisions issued under 43 CFR 3826.160(b) which order the

immediate suspension of your operations will go into effect immediately

and will remain in effect while appeals are pending unless a stay is

granted in accordance with 43 CFR 4.21(b).

[FR Doc. 96-28482 Filed 11-7-96; 8:45 am]

BILLING CODE 4310-84-P