# 43 CFR § 3809.31: Are there any special situations that affect what submittals I must make before I conduct operations?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-43-3809.31

## Section

- **Citation:** 43 CFR § 3809.31
- **Heading:** Are there any special situations that affect what submittals I must make before I conduct operations?
- **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) Where the cumulative effects of casual use by individuals or groups have resulted in, or are reasonably expected to result in, more than negligible disturbance, the State Director may establish specific areas as he/she deems necessary where any individual or group intending to conduct activities under the mining laws must contact BLM 15 calendar days before beginning activities to determine whether the individual or group must submit a notice or plan of operations. (See § 3809.300 through 3809.336 and § 3809.400 through 3809.434.) BLM will notify the public via publication in the Federal Register of the boundaries of such specific areas, as well as through posting in each local BLM office having jurisdiction over the lands.
(b) Suction dredges. (1) If your operations involve the use of a suction dredge, the State requires an authorization for its use, and BLM and the State have an agreement under § 3809.200 addressing suction dredging, then you need not submit to BLM a notice or plan of operations, unless otherwise provided in the agreement between BLM and the State.
(2) For all uses of a suction dredge not covered by paragraph (b)(1) of this section, you must contact BLM before beginning such use to determine whether you need to submit a notice or a plan to BLM, or whether your activities constitute casual use. If your proposed suction dredging is located within any lands or waters known to contain Federally proposed or listed threatened or endangered species or their proposed or designated critical habitat, regardless of the level of disturbance, you must not begin operations until BLM completes consultation the Endangered Species Act requires.
(c) If your operations require you to occupy or use a site for activities “reasonably incident” to mining, as defined in § 3715.0-5 of this title, whether you are operating under a notice or a plan of operations, you must also comply with part 3710, subpart 3715, of this title.
(d) If your operations are located on lands patented under the Stock Raising Homestead Act and you do not have the written consent of the surface owner, then you must submit a plan of operations and obtain BLM's approval. Where you have surface-owner consent, you do not need a notice or a plan of operations under this subpart. See part 3810, subpart 3814, of this title.
(e) For other than Stock Raising Homestead Act lands, if your proposed operations are located on lands conveyed by the United States which contain minerals reserved to the United States, then you must submit a plan of operations under § 3809.11 and obtain BLM's approval or a notice under § 3809.21.
[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54860, Oct. 30, 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-43-3809.31. Check the current official text before relying on it. Not legal advice.
