43 CFR § 3603.12
What rights pertain to users of common use areas?
June 11, 2020
(a) BLM's designation of a common use area does not establish a right to remove the materials superior to any subsequent claim or entry of the lands.
(b) Once you have a permit or a sales contract to remove mineral materials from a common use area, your rights under that permit or contract are superior to any subsequent claim or entry on the lands.