LAWFUL MINING CLAIMS
• Current events trends towards erosion of mining rights and withdraw of use from public lands. Some progress has been made in the courts to restore rights.
• GPAA Mining Guide no longer lists all State and Federal agencies they may require notification for leases, contracts, royalties, regulations, planning, approval and permitting.
• Federal agencies that may need to give mining permissions include:
Code of Federal Regulations:
https://www.govinfo.gov/content/pkg/CFR-2018-title43-vol2/xml/CFR-2018-title43-vol2-part3832.xml
o Department of the Interior Bureau of Land management – www.blm.gov
Printable forms:
https://www.blm.gov/services/electronic-forms,
Small Miners Fee Waiver:
https://www.blm.gov/sites/blm.gov/files/3830-002_0.pdf
Mining Packet Guide:
https://www.blm.gov/sites/blm.gov/files/2017%20mining%20packet.pdf
Locating a Mining Claim:
https://www.blm.gov/programs/energy-and-minerals/mining-and-minerals/locatable-minerals/mining-claims/locating-a-claim
Locating a Mining Claim Brochure:
https://www.blm.gov/sites/blm.gov/files/documents/files/PublicRoom_Mining_Claims_Brochure-2016.pdf
State District(s) Office (Electronic and paper Forms and Maps available.)
o Department of Agriculture National Forestry Service -
http://www.fs.fed.us Local Forest(s) Ranger Districts (Maps available.)
o Department of the Army (Clean Water Section 404 Permit) -
http://www.usace.army.mil Corps of Engineers Regulatory Branch (fresh water streams, lakes and wetlands)
Restoration of Abandoned Mines (RAMS) Program
o Department of Labor – (Mine Safety and Health Administration) -
http://www.msha.gov o Environmental Protection Agency -
http://www.epa.gov Office of Federal Activities
Office of Water (Clean Water Act National Pollution Discharge Elimination Permit)
o U.S. Geological Survey -
http://www.usgs.gov/products/maps/topo-maps State Departments that may need to give mining permissions include:
o Division of State Lands
o Department of Fish and Game/Wildlife
o Department of Water Resources
o Department of Environmental Quality – (Health, Energy, Minerals, Energy, Conservation, Natural and Water Resources, Land Quality, Wetlands, Aquifer Protection, etc.)
Mining and Minerals Division
Water and Waste Management Division, Water Quality Bureau
Cities and Towns may have special requirements in their municipal codes governing watershed(s)
http://townofalma.com/doc...ipal%20Utilities.pdf (i.e. CHAPTER13 Municipal Utilities Alma, Colorado, Municipal Code Page36 (b) Any mining activities in the national forest require an active permit issued by the United States Forest Service. No watershed permit for mining activities will be issued unless the applicant presents a current United States Forest Service permit in good order, and any watershed permit issued by the Town shall automatically terminate without further action by the Town should the United States Forest Service permit no longer be in full force and effect for any reason.). Some have extensive power to annex, permit and inspect activities.
Discover mining Claims:
https://thediggings.com/
Form 3830-4
https://www.blm.gov/sites/blm.gov/files/3830-004_2018.pdf
Form 3830-4 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT FORM APPROVED OMB NO.: 1004-0114 Expires: AFFIDAVIT OF ANNUAL ASSESSMENT WORK WHEN RECORDED, MAIL DOCUMENT TO: NAME: ADDRESS:CITY, STATE, ZIP: _FOR COUNTY RECORDER’S USE No. of Claims ________x $15/claim Total due BLM $ ___TO ALL WHOM IT MAY CONCERN: 1. The undersigned certifies that at least $100 per claim was expended for development, labor and improvements, or equivalent value added, as the annual assessment work for the assessment year ending September 1, for the following contiguous unpatented mining claim(s), located in the County of______________________, in the State of __BLM Serial No. Name of Claim Tp Rg Sec Mer County Recordation Book and Page No. Date Example: 13N 5E 14 MDM _
2. Type of labor and improvements (specify what was done and give the total value for that labor and improvement to show at least $100 for each claim). If a geological, geochemical, or geophysical survey was performed, as per 30 U.S.C. 28-1, reference the title of the report of survey, give cost and date of the survey and report, and indicate it was filed with the County Recorder: Description of Work Performed Value of Work Performed Date Work Was Performed 3. Name and mailing address of each person who performed the labor and improvements: Name (please print) Current Mailing Address (please print) 4. Name and mailing address of each person who holds and claims the subject mining claim(s) for the valuable minerals contained therein. Be sure to indicate if there is a change of address: Name (please print) ______________________________ _________ Current Mailing Address (please print) 5. The undersigned testifies that on the date of 20___, all monuments required by law were erected upon the subject claim(s), and all notices required by law were posted on the subject claim(s) or copies thereof were in place, and at said date, each corner monument bore or contained markings sufficient to appropriately designate the corner of the claim to which it pertains and the name of the claim(s). I hereby certify under penalty of perjury under the laws of the State of that the foregoing statements are true and correct: ___________________ (Signature of person responsible for above statement) _ Date: _____________________________________________________Title 18 U.S.C. 1001 and 43 U.S.C. 1212 make it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction. Notary Block SUBSCRIBED AND SWORN TO before me, this_ day of20____________________________ ____________________ __________________ _________________________________________________________ ________________________________________________________ ______________________ __________________ By:(Signature of Affiant) Title: My Commission Expires: INSTRUCTIONS 1.This is an optional form that may be used to satisfy the requirements for the Bureau of Land Management (BLM)under the provisions of 43 U.S.C. §1744 and 30 U.S.C. §28-28d and the regulations thereunder (43 CFR part3835). Since local and State laws may vary, you should contact your local and State agencies where the claims are located to ensure all applicable laws and requirements are satisfied.2.The claimant(s) must fill in the date in paragraph 1 for the applicable assessment year and the county and state where the claims are located.3.All claim names, BLM serial numbers, legal descriptions, and original county recording information must be listed for the claims pertaining to this assessment notice.4.The claimant(s) must complete paragraph 2 listing all labor or improvements which was performed on or did benefit the subject mining claims. The value and date of the labor or improvements must also be listed. The total amount of labor or improvements can be listed, but the total expenditure must equal at least $100 for each claim.5.The names and current mailing addresses of the person(s) performing the labor shall be listed in paragraph 3.6.The name and current mailing address of each owner (claimant) of the claims shall be listed in paragraph 4. The mailing address shall be the owner’s address and not the address of an agent or anyone representing the claimant. Be sure to note if there has been a change of address.7.Paragraph 5 shall be completed to show the date it was verified that all monuments required by law were properly erected, all notices were posted, and that corners were appropriately designated for all claims listed.8.An exact legible reproduction or duplicate (other than microfilm or other electronic media) of this affidavit or another type of affidavit of assessment work that you file or will file in the county where each claim is located ,must be filed with the BLM on or before December 30 of the calendar year in which the assessment year ends. For mill or tunnel sites, a separate notice of intent to hold must be filed with the BLM on or before December 30.Requirements for filing a notice of intent to hold can be found at 43 CFR 3835.33.9.A processing fee of $15 for each claim listed must be remitted to the BLM along with this or any other affidavit of assessment work. (Continued on page 4) (Form 3830-4, page 3)
___________________________________________________ NOTICESTHE PRIVACY ACT and 43 CFR 2.223(d) require that you be furnished with the following information in connection with the information requested by this form. AUTHORITY: 30 U.S.C. §28-28d and 43 CFR part 3835 permit collection of the information requested by this form. PRINCIPAL PURPOSE: The BLM will use the information you provide to document compliance with 43 U.S.C. 1744 and that assessment work has been completed in accordance with 30 U.S.C. § 28-28d and 43 CFR part 3835 in lieu of paying the maintenance fee for the mining claims listed on this form. ROUTINE USES: The BLM will only disclose this information in accordance with the provisions at 43 CFR 2.231(b) and (c). EFFECT OF NOT PROVIDING INFORMATION: Disclosure of the requested information is required by 30 U.S.C. § 28-28d and 43 CFR part 3835 for claimants qualified to perform assessment work in lieu of paying the maintenance fee. Failure to submit all the requested information or to complete this form will delay the BLM’s processing of the form and may preclude the BLM’s acceptance of the assessment work information, which may result in forfeiture of the mining claim(s) by the claimant. THE PAPERWORK REDUCTION ACT requires us to inform you that: Use of this form is optional. You must perform assessment if a waiver to pay the maintenance fee has been requested. This form is provided to help you attest that annual assessment work has been completed in lieu of paying the maintenance fee for your claim(s). Submission of the requested information is necessary to obtain or retain a benefit. You do not have to respond to this or any other Federal agency-sponsored information collection unless it displays a valid OMB control number. BURDEN HOURS STATEMENT: The estimated public reporting burden for this form is 30 minutes per response, including the time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. You may submit comments regarding the burden estimate or any other aspect of this form to: U.S. Department of the Interior, Bureau of Land Management (1004-0114), Bureau Information Collection Clearance Officer (WO-630), 1849 C Street, N.W., Room 2134LM, Washington, D.C. 20240. (Form 3830-4, page 4)
Buckskin Gulch and Buckskin Creek 1 pictures (lower right):
Monuments, signs and paperwork in plastic bottles attached at Buckskin Creek 1:
Discovery Monument 2018 NW Corner Marker
NW Corner Marker SW Corner Marker
NE Corner Marker
Registered Federal BLM Mining Claim Corner Monument
Claim Name: Buckskin Creek 1, CMC 290281, 3833(P), CO-921-SA
Claimant:
Address:
Corner: NE
Direction to and distance to Corner Post number: NW (W 270 degrees, 1,320’)
Registered Federal BLM Mining Claim Corner Monument
Claim Name: Buckskin Creek 1, CMC 290281, 3833(P), CO-921-SA
Claimant: Bennett Helgerson
Address:
Corner: NE
Direction to and distance to Corner Post number: SE (S 180 degrees, 660’)
Registered Federal BLM Mining Claim Corner Monument
Claim Name: Buckskin Creek 1, CMC 290281, 3833(P), CO-921-SA
Claimant: Bennett Helgerson
Address:
Corner: SE
Direction to and distance to Corner Post number: NE (N 0 degrees, 660”)
Registered Federal BLM Mining Claim Corner Monument
Claim Name: Buckskin Creek 1, CMC 290281, 3833(P), CO-921-SA
Claimant: Bennett Helgerson
Address:
Corner: SE
Direction to and distance to Corner Post number: SW (W 270 degrees, 1,320’)
Registered Federal BLM Mining Claim Corner Monument
Claim Name: Buckskin Creek 1, CMC 290281, 3833(P), CO-921-SA
Claimant: Bennett Helgerson
Address:
Corner: SW
Direction to and distance to Corner Post number: NW (N 0 degrees, 660’)
Registered Federal BLM Mining Claim Corner Monument
Claim Name: Buckskin Creek 1, CMC 290281, 3833(P), CO-921-SA
Claimant: Bennett Helgerson
Address:
Corner: SW
Direction to and distance to Corner Post number: SE (E 90 degrees, 1320’)
Registered Federal BLM Mining Claim Corner Monument
Claim Name: Buckskin Creek 1, CMC 290281, 3833(P), CO-921-SA
Claimant: Bennett Helgerson
Address:
Corner: NW
Direction to and distance to Corner Post number: SW (S 180 degrees, 660’)
Registered Federal BLM Mining Claim Corner Monument
Claim Name: Buckskin Creek 1, CMC 290281, 3833(P), CO-921-SA
Claimant: Bennett Helgerson
Address:
Corner: NW
Direction to and distance to Corner Post number: NE (E 90 degrees, 1320’)
Registered Federal BLM Mining Claim Discovery Monument
Claim Name: Buckskin Creek 1, CMC 290281, 3833(P), CO-921-SA
Claimant: Bennett Helgerson
Address:
https://www.fs.fed.us/geology/includes/minerals/1975MiningInNationalForests.pdfhttps:/www.fs.fed.us/geology/includes/minerals/1975MiningInNationalForests.pdf
MINING IN NATIONAL FORESTS Protection of Surface Resources Mineral Resources of the National Forest System. The 192-million-acre National Forest System is an important part of the Nation’s resource base. As directed by the Organic Administration Act of 1897 and the Multiple Use-Sustained Yield Act of 1960, the National Forests are managed by the United States Department of Agriculture’s Forest Service for continuous production of their renewable resources – timber, clean water, wildlife habitat, forage for livestock and outdoor recreation. Although not renewable, minerals are also important resources of the National Forests. In fact, they are vital to the Nation’s welfare. By accident of category and geology, the National Forests contain much of the country’s remaining stores of mineral – prime examples being the National Forests of the Rocky Mountains, the Basin and Range Province, the Cascade-Sierra Nevada Ranges, the Alaska Coast range, and the States of Missouri, Minnesota, and Wisconsin. Less known by apparently good mineral potential exists in the southern and eastern National Forests. Geologically, National Forest System lands contain some of the most favorable host rocks for mineral deposits. Approximately 6.5 million acres are known to be underlain by coal. Approximately 45 million acres or one-quarter of National Forest System lands have potential for oil and gas, while about 300,000 acres within the Pacific Coast and Great Basin States have potential for geothermal resource development. Within the past few years, the energy shortage in this country has reminded us that the Nation’s mineral resources are limited. As with oil supplies, there will undoubtedly be tightening of world supplies of minerals. Such a trend is leading to considerable expansion of domestic mineral prospecting, exploration and development. Much of this increased activity is on National Forest System lands where open to mineral exploration and development. Forest Service Role in Minerals Management in the Mining and Minerals Policy Act of 1970, Congress declared that it is the continuing policy of the Federal Government, in the national interest, to foster and encourage private enterprise in (among other goals) the development of domestic mineral resources and the reclamation of mined land. This Federal policy obviously applies to National Forest System lands. The Forest Service recognizes the importance of National Forest System mineral resources to the well-being of the Nation, and encourages bona-fide mineral exploration and development. But, it also recognizes its responsibility to protect the surface resources of the lands under its care. Thus, the Forest Service is faced with a double task: to make minerals from National Forest lands available to the national economy and, at the same time, to minimize the adverse impacts of mining activities on other resources.
Land management planning, as mandated by the National Forest Management Act of 1976, is a principal tool for assuring that mineral resources are given proper consideration. Before plans are developed, specialists evaluate all resource activities including existing and potential mineral development. Planners and decision makers then formulate plans to minimize potential resource conflicts and maximize the various uses and values of National Forest System lands. Since minerals are usually hidden, relatively rare, and governed by certain preferential laws, the land management planning procedures provide for the availability of minerals and development of mineral operations where possible. Minerals management of National Forest System lands requires interagency coordination and co-operation. Although the Forest Service is responsible for the management of surface resources of National Forest System lands, the Bureau of Land Management (BLM) in the Department of the Interior is primarily responsible for management of government-owned minerals. Since it is impossible to separate mineral operations from surface management, the agencies have developed cooperative procedures to accommodate their respective responsibilities. Authority for Mineral Activities Mining and related activities on National Forest System lands are governed by specific laws that identify procedures and conditions under which prospecting, exploration, and development of minerals can be carried out. The General Mining Law of 1872The Mining Law of 1872, as amended, governs the prospecting for and the appropriation of metallic and most nonmetallic minerals on the 140 million acres of National Forest set up by proclamation from the public domain. Under the 1872 law, and its principal amendment of July 23, 1955, qualified prospectors may search for mineral deposits on these “public domain” lands. A prospector, upon discovering a valuable mineral deposit, may locate a mining claim. Recording that claim in the local courthouse and with the appropriate BLM State Office affords protection from subsequent locators. A mining claimant is entitled to reasonable access to the claim for further prospecting, mining or necessary related activities, subject to other laws and applicable regulations. After meeting rather rigorous specific requirements of law, including a confirmation of the discovery of a valuable mineral deposit, a claimant may obtain legal title (patent) 1 to the surface and mineral rights on the claim. A patent application must be filed with the appropriate State Office of BLM. On National Forest lands, the Forest Service will conduct a mineral examination to determine if a valuable deposit has been found and, accordingly, recommend whether or not a patent should be granted. The Department of the Interior will consider the Forest Service’s mineral report, plus information provided by the claimant, and determine whether a patent should be issued. If a patent is granted, legal title is conveyed, and thereafter, the Forest Service has no authority over the lands conveyed. 1 A moratorium on patent applications was enacted by Congress in 1994 and is still in effect.
https://www.fs.fed.us/geology/includes/minerals/noi_instructions.pdf
Notice of Intent Instructions 36 CFR 228.4(a) - Locatable Minerals If you have a question about the NOI process or mining regulations, contact the Forest Service office that administers the lands involved with your proposed mining operation. The purpose of submitting a Notice of Intent (NOI) for a proposed mining operation is to provide the Forest Service District Ranger with sufficient information to determine if the level of proposed disturbance will require a Plan of Operations and a detailed environmental analysis. The District Ranger will, within 15 days of receipt of the NOI, evaluate the NOI and notify the operator whether or not a Plan of Operations is required. A NOI is required from any person proposing to conduct operations which might cause a significant disturbance of surface resources. If you are uncertain whether your operation falls within this category, we recommend you file a NOI. It can be included as part of a letter to the District Ranger and should address the five items listed below. 1. The name, address, and telephone number of the operator. The NOI should be signed and dated by the operator. 2. The area involved. The description should include the township, range, and ¼ section of where your proposal will occur and with enough detail to locate the area on the ground. We recommend you enclose a map of suitable scale (U.S. Geological Survey map scale 1: 24,000) with your NOI and indicate on the map where your operations would be located on the ground. 3. The nature of the proposed operations. Describe what you plan to do. Include when and how you will be operating, the proposed start-up date, and the expected duration of the activities. List other details such as the number of people involved in the operation, equipment you intend to use (sizes, capacity, frequency of use), depth of proposed suction dredging or excavation, how waste material will be handled, what vegetation will be removed, the size of area to be disturbed, quantity of material to be removed, housing or camping facilities to be used, and the method for sewage and waste disposal. 4. The route of access to the area of operations. Describe the route of access or display it on your enclosed map, and identify individual roads and trails you intend to use. 5. The method of transport. Describe the vehicles or other transport used to carry people, equipment, supplies, and living quarters to and from the work site. Describe if transport will be by foot, stock (horses, mules, etc.), trucks, helicopters, motorcycles, cars, etc. Caring for the Land and Serving People
https://www.fs.fed.us/geology/fs_2800_5%20vers%20%202009%20Latest%20(2).docx
USDA, Forest Service PLAN OF OPERATIONS FOR MINING ACTIVITIES
ON NATIONAL FOREST SYSTEM LANDS FS-2800-5 (Rev. 3/08)
OMB 0596-0022
USE OF THIS FORM IS OPTIONAL! 1st TIME USERS SHOULD DIRECT QUESTIONS REGARDING THIS FORM OR
REGULATIONS (36 CFR 228A) TO THE FOREST SERVICE DISTRICT OFFICE NEAREST YOUR AREA OF INTEREST.
Submitted by:
Signature Title Date
(mm/dd/yy)
Signature Title Date
(mm/dd/yy)
Plan Received by:
Signature Title Date
(mm/dd/yy)
I. GENERAL INFORMATION
A. Name of Mine/Project:
B. Type of Operation:
(lode, placer, mill, exploration, development, production, other)
C. Is this a (0new/0continuing) operation? (check one).
If continuing a previous operation, this plan (0replaces/0modifies/0supplements) a previous plan of operations. (check one)
D. Proposed start-up date (mm/dd/yy) of operation:
E. Expected total duration of this operation:
F. If seasonal, expected date (mm/dd/yy) of annual reclamation/stabilization close out:
G Expected date (mm/dd/yy) for completion of all required reclamation:
II. PRINCIPALS
A. Name, address and phone number of operator:
B. Name, address, and phone number of authorized field representative (if other than the operator).
Attach authorization to act on behalf of operator.
C. Name, address and phone number of owners of the claims (if different than the operator):
D. Name, address and phone number of any other lessees, assigns, agents, etc., and briefly describe their involvement with the operation, if applicable:
III. PROPERTY OR AREA
(Name of claim, if applicable, and the legal land description where the operation will be located.)
MC# Name Section Township Range
IV. DESCRIPTION OF THE OPERATION
A. Access. Show on a map (USGS quadrangle map or a National Forest map, for example) the claim boundaries, if applicable, and all access needs such as roads and trails, on and off the claim. Specify which Forest Service roads will be used, where maintenance or reconstruction is proposed, and where new construction is necessary. For new construction, include construction specifications such as widths, grades, etc., location and size of culverts, describe maintenance plans, and the type and size of vehicles and equipment that will use the access routes.
B. Map, Sketch or Drawing. Show location and layout of the area of operation. Identify any streams, creeks or springs if known. Show the size and kind of all surface disturbances such as trenches, pits, settling ponds, stream channels and run-off diversions, waste dumps, drill pads, timber disposal or clearance, etc. Include sizes, capacities, acreage, amounts, locations, materials involved, etc.
C. Project Description. Describe all aspects of the operation including mining, milling, and exploration methods, materials, equipment, workforce, construction and operation schedule, power requirements, how clearing will be accomplished, topsoil stockpile, waste rock placement, tailings disposal, proposed number of drill holes and depth, depth of proposed suction dredging, and how gravels will be replaced, etc. Calculate production rates of ore. Include justification and calculations for settling pond capacities, and the size of runoff diversion channels.
D. Equipment and Vehicles. Describe that which is proposed for use in your operation (Examples: drill, dozer, wash plant, mill, etc.). Include: sizes, capacity, frequency of use, etc.
E. Structures. Include information about fixed or portable structures or facilities planned for the operation. Show locations on the map. Include such things as living quarters, storage sheds, mill buildings, thickener tanks, fuel storage, powder magazines, pipelines, water diversions, trailers, sanitation facilities including sewage disposal, etc. Include engineering design and geotechnical information for project facilities, justification and calculations for sizing of tanks, pipelines and water diversions, etc.
V. ENVIRONMENTAL PROTECTION MEASURES (SEE 36 CFR 228.8)
A. Air Quality. Describe measures proposed to minimize impacts on air quality such as obtaining a burning permit for slash disposal or dust abatement on roads.
B. Water Quality. State how applicable state and federal water quality standards will be met. Describe measures or management practices to be used to minimize water quality impacts and meet applicable standards.
1. State whether water is to be used in the operation, and describe the quantity, source, methods and design of diversions, storage, use, disposal, and treatment facilities. Include assumptions for sizing water conveyance or storage facilities.
2. Describe methods to control erosion and surface water runoff from all disturbed areas, including waste and tailings dumps.
3. Describe proposed surface water and groundwater quality monitoring, if required, to demonstrate compliance with federal or state water quality standards.
4. Describe the measures to be used to minimize potential water quality impacts during seasonal closures, or for a temporary cessation of operations.
5. If land application is proposed for waste water disposal, the location and operation of the land application system must be described. Also describe how vegetation, soil, and surface and groundwater quality will be protected if land application is used.
C. Solid Wastes. Describe the quantity and the physical and chemical characteristics of solid waste produced by the operation. Describe how the wastes will be disposed of including location and design of facilities, or treated so as to minimize adverse impacts.
D. Scenic Values. Describe protection of scenic values such as screening, slash disposal, or timely reclamation.
E. Fish and Wildlife. Describe measures to maintain and protect fisheries and wildlife, and their habitat (includes threatened, endangered, and sensitive species) affected by the operations.
F. Cultural Resources. Describe measures for protecting known historic and archeological values, or new sites in the project area.
G. Hazardous Substances.
1. Identify the type and volume of all hazardous materials and toxic substances which will be used or generated in the operations including cyanide, solvents, petroleum products, mill, process and laboratory reagents.
2. For each material or substance, describe the methods, volume, and frequency of transport (include type of containers and vehicles), procedures for use of materials or substances, methods, volume, and containers for disposal of materials and substances, security (fencing), identification (signing/labeling), or other special operations requirements necessary to conduct the proposed operations.
3. Describe the measures to be taken for release of a reportable quantity of a hazardous material or the release of a toxic substance. This includes plans for spill prevention, containment, notification, and cleanup.
H. Reclamation. Describe the annual and final reclamation standards based on the anticipated schedule for construction, operations, and project closure. Include such items as the removal of structures and facilities including bridges and culverts, a revegetation plan, permanent containment of mine tailings, waste, or sludges which pose a threat of a release into the environment, closing ponds and eliminating standing water, a final surface shaping plan, and post operations monitoring and maintenance plans.
VI. FOREST SERVICE EVALUATION OF PLAN OF OPERATIONS
A. Required changes/modifications/special mitigation for plan of operations:
B. Bond. Reclamation of all disturbances connected with this plan of operations is covered by Reclamation Performance Bond No. , dated (mm/dd/yy) , signed by (Principal) and (Surety), for the penal sum of . This Reclamation Performance Bond is a guarantee of faithful performance with the terms and conditions listed below, and with the reclamation requirements agreed upon in the plan of operations. This Reclamation Performance Bond also extends to and includes any unauthorized activities conducted in connection with this operation.
The bond amount for this Reclamation Performance Bond was based on a bond calculation worksheet. The bond amount may be adjusted during the term of this proposed plan of operations in response to changes in the operations or to changes in the economy. Both the Reclamation Performance Bond and the bond calculation worksheet are attached to and made part of this plan of operations. Acceptable bond securities (subject to change) include:
1. Negotiable Treasury bills and notes which are unconditionally guaranteed as to both principle and interest in an amount equal at their par value to the penal sum of the bond; or
2. Certified or cashier's check, bank draft, Post Office money order, cash, assigned certificate of deposit, assigned savings account, blanket bond, or an irrevocable letter of credit equal to the penal sum of the bond.
VII. TERMS AND CONDITIONS
A. If a bond is required, it must be furnished before approval of the plan of operations.
B. Information provided with this plan marked confidential will be treated in accordance with the agency's laws, rules, and regulations.
C. Approval of this plan does not constitute certification of ownership to any person named herein and/or recognition of the validity of any mining claim named herein.
D. Approval of this plan does not relieve me of my responsibility to comply with other applicable state or federal laws, rules, or regulations.
E. If previously undiscovered cultural resources (historic or prehistoric objects, artifacts, or sites) are exposed as a result of operations, those operations will not proceed until notification is received from the Authorized Officer that provisions for mitigating unforeseen impacts as required by 36 CFR 228.4(e) and 36 CFR 800 have been complied with.
F. This plan of operations has been approved for a period of or until (mm/dd/yy) . A new or revised plan must be submitted in accordance with 36 CFR part 228, subpart A, if operations are to be continued after that time period.
VIII. OPERATING PLAN ACCEPTANCE
0I/0We have reviewed and agreed to comply with all conditions in this plan of operations including the required changes, modifications, special mitigation, and reclamation requirements.
0I/0We understand that the bond will not be released until the Authorized Officer in charge gives written approval.
Signature of 0Operator (or 0Authorized Representative)
(Date)
(mm/dd/yy)
IX. OPERATING PLAN APPROVAL
(Name) (Title)
Signature of (Authorized Officer) (Date)
(mm/dd/yy)
Burden and Non-Discrimination Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0022. The time required to complete this information collection is estimated to average 12 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer.