U.S. Code of Federal Regulations

Regulations most recently checked for updates: Aug 27, 2025

All TitlesTitle 43Chapter IIPart 3800Subpart 3809 - Subpart 3809—Surface Management

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§ 3809.100 - What special provisions apply to operations on segregated or withdrawn lands?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

FEDERAL/STATE AGREEMENTS
§ 3809.200 - What kinds of agreements may BLM and a State make under this subpart?
§ 3809.201 - What should these agreements address?
§ 3809.202 - Under what conditions will BLM defer to State regulation of operations?
§ 3809.203 - What are the limitations on BLM deferral to State regulation of operations?
§ 3809.204 - Does this subpart cancel an existing agreement between BLM and a State?

OPERATIONS CONDUCTED UNDER NOTICES
§ 3809.300 - Does this subpart apply to my existing notice-level operations?
§ 3809.301 - Where do I file my notice and what information must I include in it?
§ 3809.311 - What action does BLM take when it receives my notice?
§ 3809.312 - When may I begin operations after filing a complete notice?
§ 3809.313 - Under what circumstances may I not begin operations 15 calendar days after filing my notice?
§ 3809.320 -
§ 3809.330 - May I modify my notice?
§ 3809.331 - Under what conditions must I modify my notice?
§ 3809.332 - How long does my notice remain in effect?
§ 3809.333 - May I extend my notice, and, if so, how?
§ 3809.334 - What if I temporarily stop conducting operations under a notice?
§ 3809.335 - What happens when my notice expires?
§ 3809.336 - What if I abandon my notice-level operations?

OPERATIONS CONDUCTED UNDER PLANS OF OPERATIONS
§ 3809.400 - Does this subpart apply to my existing or pending plan of operations?
§ 3809.401 - Where do I file my plan of operations and what information must I include with it?
§ 3809.411 - What action will BLM take when it receives my plan of operations?
§ 3809.412 - When may I operate under a plan of operations?
§ 3809.415 - How do I prevent unnecessary or undue degradation while conducting operations on public lands?
§ 3809.420 - What performance standards apply to my notice or plan of operations?
§ 3809.421 - Enforcement of performance standards.
§ 3809.423 - How long does my plan of operations remain in effect?
§ 3809.424 - What are my obligations if I stop conducting operations?

MODIFICATIONS OF PLANS OF OPERATIONS
§ 3809.430 - May I modify my plan of operations?
§ 3809.431 - When must I modify my plan of operations?
§ 3809.432 - What process will BLM follow in reviewing a modification of my plan of operations?
§ 3809.433 - Does this subpart apply to a new modification of my plan of operations?
§ 3809.434 - How does this subpart apply to pending modifications for new or existing facilities?

FINANCIAL GUARANTEE REQUIREMENTS—GENERAL
§ 3809.500 - In general, what are BLM's financial guarantee requirements?
§ 3809.503 - When must I provide a financial guarantee for my notice-level operations?
§ 3809.505 - How do the financial guarantee requirements of this subpart apply to my existing plan of operations?
§ 3809.551 - What are my choices for providing BLM with a financial guarantee?

INDIVIDUAL FINANCIAL GUARANTEE
§ 3809.552 - What must my individual financial guarantee cover?
§ 3809.553 - May I post a financial guarantee for a part of my operations?
§ 3809.554 - How do I estimate the cost to reclaim my operations?
§ 3809.555 - What forms of individual financial guarantee are acceptable to BLM?
§ 3809.556 - What special requirements apply to financial guarantees described in § 3809.555(e)?

BLANKET FINANCIAL GUARANTEE
§ 3809.560 - Under what circumstances may I provide a blanket financial guarantee?

STATE-APPROVED FINANCIAL GUARANTEE
§ 3809.570 - Under what circumstances may I provide a State-approved financial guarantee?
§ 3809.571 - What forms of State-approved financial guarantee are acceptable to BLM?
§ 3809.572 - What happens if BLM rejects a financial instrument in my State-approved financial guarantee?
§ 3809.573 - What happens if the State makes a demand against my financial guarantee?
§ 3809.574 - What happens if I have an existing corporate guarantee?

MODIFICATION OR REPLACEMENT OF A FINANCIAL GUARANTEE
§ 3809.580 - What happens if I modify my notice or approved plan of operations?
§ 3809.581 - Will BLM accept a replacement financial instrument?
§ 3809.582 - How long must I maintain my financial guarantee?

RELEASE OF FINANCIAL GUARANTEE
§ 3809.590 - When will BLM release or reduce the financial guarantee for my notice or plan of operations?
§ 3809.591 - What are the limitations on the amount by which BLM may reduce my financial guarantee?
§ 3809.592 - Does release of my financial guarantee relieve me of all responsibility for my project area?
§ 3809.593 - What happens to my financial guarantee if I transfer my operations?
§ 3809.594 - What happens to my financial guarantee when my mining claim or millsite is patented?

FORFEITURE OF FINANCIAL GUARANTEE
§ 3809.595 - When may BLM initiate forfeiture of my financial guarantee?
§ 3809.596 - How does BLM initiate forfeiture of my financial guarantee?
§ 3809.597 - What if I do not comply with BLM's forfeiture decision?
§ 3809.598 - What if the amount forfeited will not cover the cost of reclamation?
§ 3809.599 - What if the amount forfeited exceeds the cost of reclamation?

INSPECTION AND ENFORCEMENT
§ 3809.600 - With what frequency will BLM inspect my operations?
§ 3809.601 - What types of enforcement action may BLM take if I do not meet the requirements of this subpart?
§ 3809.602 - Can BLM revoke my plan of operations or nullify my notice?
§ 3809.603 - How does BLM serve me with an enforcement action?
§ 3809.604 - What happens if I do not comply with a BLM order?
§ 3809.605 - What are prohibited acts under this subpart?

PENALTIES
§ 3809.700 - What criminal penalties apply to violations of this subpart?
§ 3809.701 - What happens if I make false statements to BLM?

APPEALS
§ 3809.800 - Who may appeal BLM decisions under this subpart?
§ 3809.801 - When may I file an appeal of the BLM decision with OHA?
§ 3809.802 - What must I include in my appeal to OHA?
§ 3809.803 - Will the BLM decision go into effect during an appeal to OHA?
§ 3809.804 - When may I ask the BLM State Director to review a BLM decision?
§ 3809.805 - What must I send BLM to request State Director review?
§ 3809.806 - Will the State Director review the original BLM decision if I request State Director review?
§ 3809.807 - What happens once the State Director agrees to my request for a review of a decision?
§ 3809.808 - How will decisions go into effect when I request State Director review?
§ 3809.809 - May I appeal a decision made by the State Director?

PUBLIC VISITS TO MINES
§ 3809.900 - Will BLM allow the public to visit mines on public lands?
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