Code of Federal Regulations · Section
§ 3809.434 — How Does This Subpart Apply To Pending Modifications For New Or Existing Facilities?
43 C.F.R. § 3809.434
(a) This subpart applies to modifications pending before BLM on January 20, 2001 to construct a new facility, such as a waste rock repository, leach pad, drill site, or access road; or to modify an existing mine facility such as expansion of a waste rock repository or leach pad.
(b) All provisions of this subpart, except plan content (§ 3809.401) and performance standards (§§ 3809.415 and 3809.420) apply to any modification of a plan of operations that was pending on January 20, 2001. See § 3809.505 for applicability of financial guarantee requirements.
(c) If your unapproved modification of a plan of operations is pending on January 20, 2001, then the plan content requirements (§ 3809.1-5) and the performance standards (§§ 3809.1-3(d) and 3809.2-2) that were in effect immediately before January 20, 2001 apply to your modification of a plan of operations. (See 43 CFR parts 1000-end, revised as of Oct. 1, 2000).
(d) If you want this subpart to apply to your pending modification of a plan of operations, where not otherwise required, you may choose to have this subpart apply.
Authorizing Statute
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Transferred43 U.S.C. § 1201
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Lands open to purchase by citizens30 U.S.C. § 22
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Federal mining and mineral leasing laws16 U.S.C. § 1280
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Management of use, occupancy, and development of public lands43 U.S.C. § 1732
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Unpatented mining claims30 U.S.C. § 612
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Congressional declaration of policy43 U.S.C. § 1701
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Fees and charges for Government services and things of value31 U.S.C. § 9701
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Transferred42 U.S.C. § 6508
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Congressional statement of purpose16 U.S.C. § 3101