43 CFR § 3809.424
What are my obligations if I stop conducting operations?
June 11, 2020
(a) To see what you must do if you stop conducting operations, follow this table:
Open Table
| If— | Then— |
|---|---|
| (1) You stop conducting operations for any period of time | (1) You must follow your approved interim management plan submitted under §3809.401(b)(5); (ii) You must submit a modification to your interim management plan to BLM within 30 calendar days if it does not cover the circumstances of your temporary closure per §3809.431(a); (iii) You must take all necessary actions to assure that unnecessary or undue degradation does not occur; and (iv) You must maintain an adequate financial guarantee. |
| (2) The period of non-operation is likely to cause unnecessary or undue degradation | The BLM will require you to take all necessary actions to assure that unnecessary or undue degradation does not occur, including requiring you, after an extended period of non-operation for other than seasonal operations, to remove all structures, equipment, and other facilities and reclaim the project area. |
| (3) Your operations are inactive for 5 consecutive years | BLM will review your operations and determine whether BLM should terminate your plan of operations and direct final reclamation and closure. |
| (4) BLM determines that you abandoned your operations | BLM may initiate forfeiture under §3809.595. If the amount of the financial guarantee is inadequate to cover the costs of reclamation, BLM may complete the reclamation, and the operator and all other responsible persons are liable for the costs of such reclamation. See §3809.336(a) for indicators of abandonment. |
(b) Your reclamation and closure obligations continue until satisfied.
Tried the LawStack mobile app?
Join thousands and try LawStack mobile for FREE today.
- Carry the law offline, wherever you go.
- Download CFR, USC, rules, and state law to your mobile device.
