CHAPTER 7 OPTIONS AND OBSTACLES ON FEDERAL LAND

• Jurisdiction: United States

Idle Mining Properties
(Sep 1998)
CHAPTER 7
OPTIONS AND OBSTACLES ON FEDERAL LAND
Dean R. Massey
Parcel, Mauro & Spaanstra, P.C.
Denver, Colorado

IDLE MINING PROPERTIES

THE IMPLICATIONS OF FEDERAL LAND MANAGEMENT

I. Introduction — The key objectives in idling an active mining operation are: (1) to plan and implement the closure in a cost effective and timely manner, in compliance with applicable regulations; and (2) to maintain the idled property in a manner which will allow its reopening with a minimum of delay and expense. The decision to idle a mining property located on federal land raises the same environmental issues as any other facility and the applicable procedures are outlined in the surface management regulations of the pertinent land management agency. However, the attainment of those key objectives is complicated by the balance of the associated federal regulatory framework which includes the following:

A. Federal Surface Management Regulations

1. Forest Service — 36 C.F.R. 228

2. Bureau of Land Management 43 C.F.R. 3809

B. The National Environmental Policy Act ("NEPA") — 42 U.S.C.A . 4321 et seq.

C. The Endangered Species Act ("ESA") — 16 U.S.C.A . 1531 et seq.

D. Federal Land Policy and Management Act ("FLPMA") — 42 U.S.C.A . 1701 et seq.

E. Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") — 42 U.S.C.A . 9601 et seq.

II. The Basic Regulatory Elements — Surface Management Regulations — BLM

A. Most facilities will be operating under an approved Plan of Operations ("POO"). 43 C.F.R. 3809 1-4 .

B. Under 43 C.F.R. 3809.1-5(b) , BLM approved POOs should include "measures to be taken during extended periods of non-operation to...