Use and Occupancy Under the Mining Laws

The Bureau of Land Management (BLM) is adopting regulations addressing the unlawful use and occupancy of unpatented mining claims for non-mining purposes. This rule sets forth the restrictions on use and occupancy of public lands open to the operation of the mining laws that BLM administers in order to limit use and occupancy to those involving prospecting or exploration, mining, or processing operations and reasonably incidental uses. The rule establishes procedures for beginning occupancy, standards for reasonably incidental use or occupancy, prohibited acts, procedures for inspection and enforcement, and procedures for managing existing uses and occupancies. It also provides for penalties and appeals procedures. This rule is necessary to prevent unnecessary or undue degradation of the public lands from uses and occupancies not reasonably incident to mining. The rule does not adversely affect bona fide mining operations or alter BLM's regulations in 43 CFR Part 3800 pertaining to them. Terms used in this preamble have the meaning given to them in the rule.