# 43 CFR § 3809.101: What special provisions apply to minerals that may be common variety minerals, such as sand, gravel, and building stone?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.101

## Section

- **Citation:** 43 CFR § 3809.101
- **Heading:** What special provisions apply to minerals that may be common variety minerals, such as sand, gravel, and building stone?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 43—Public Lands: Interior > Subtitle B—Regulations Relating to Public Lands > CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR > SUBCHAPTER C—MINERALS MANAGEMENT (3000) > PART 3800—MINING CLAIMS UNDER THE GENERAL MINING LAWS > Subpart 3809—Surface Management > General Information

## Text

(a) Mineral examination report. On mining claims located on or after July 23, 1955, you must not initiate operations for minerals that may be “common variety” minerals, as defined in § 3711.1(b) of this title, until BLM has prepared a mineral examination report, except as provided in paragraph (b) of this section.
(b) Interim authorization. Until the mineral examination report described in paragraph (a) of this section is prepared, BLM will allow notice-level operations or approve a plan of operations for the disputed mining claim for—
(1) Operations limited to taking samples to confirm or corroborate mineral exposures that are physically disclosed and existing on the mining claim;
(2) Performance of the minimum necessary annual assessment work under § 3851.1 of this title; or
(3) Operations to remove possible common variety minerals if you establish an escrow account in a form acceptable to BLM. You must make regular payments to the escrow account for the appraised value of possible common variety minerals removed under a payment schedule approved by BLM. The funds in the escrow account must not be disbursed to the operator or to the U.S. Treasury until a final determination of whether the mineral is a common variety and therefore salable under part 3600 of this title.
(c) Determination of common variety. If the mineral examination report under paragraph (a) of this section concludes that the minerals are common variety minerals, you may either relinquish your mining claim(s) or BLM will initiate contest proceedings. Upon relinquishment or final departmental determination that the mining claim(s) is null and void, you must promptly close and reclaim your operations unless you are authorized to proceed under parts 3600 and 3610 of this title.
(d) Disposal. BLM may dispose of common variety minerals from unpatented mining claims in accordance with the provisions of § 3601.14 of this chapter.
[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 58910, Nov. 23, 2001]

## Nearby sections

- [43 CFR § 3809.1 § 3809.1 What are the purposes of this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.1.md)
- [43 CFR § 3809.2 § 3809.2 What is the scope of this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.2.md)
- [43 CFR § 3809.3 § 3809.3 What rules must I follow if State law conflicts with this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.3.md)
- [43 CFR § 3809.5 § 3809.5 How does BLM define certain terms used in this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.5.md)
- [43 CFR § 3809.10 § 3809.10 How does BLM classify operations?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.10.md)
- [43 CFR § 3809.11 § 3809.11 When do I have to submit a plan of operations?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.11.md)
- [43 CFR § 3809.21 § 3809.21 When do I have to submit a notice?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.21.md)
- [43 CFR § 3809.31 § 3809.31 Are there any special situations that affect what submittals I must make before I conduct operations?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.31.md)
- [43 CFR § 3809.100 § 3809.100 What special provisions apply to operations on segregated or withdrawn lands?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.100.md)
- [43 CFR § 3809.101 § 3809.101 What special provisions apply to minerals that may be common variety minerals, such as sand, gravel, and building stone?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.101.md)
- [43 CFR § 3809.111 § 3809.111 Will BLM disclose to the public the information I submit under this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.111.md)
- [43 CFR § 3809.115 § 3809.115 Can BLM collect information under this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.115.md)
- [43 CFR § 3809.116 § 3809.116 As a mining claimant or operator, what are my responsibilities under this subpart for my project area?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.116.md)
- [43 CFR § 3809.200 § 3809.200 What kinds of agreements may BLM and a State make under this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.200.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.101. Check the current official text before relying on it. Not legal advice.