What information must I provide to BLM about my proposed occupancy? (43 CFR 3715.3-2)

§ 3715.3–1

43 CFR Ch. II (10–1–07 Edition)
TABLE 2—Continued

Consultation requirements
And is a ‘‘casual use’’ under 43 CFR 3809.1–2 or
does not require a plan of operations under 43 CFR
3802.1–2 and 3809.1–4 or a notice under 43 CFR
3809.1–3.

Or enclosures, fences, gates, or signs intended to exclude the general public.

You are subject to the consultation provisions of this subpart and must
submit the materials required by § 3715.3–2 to BLM.

Any casual use activities that do not involve occupancy and are reasonably incident may proceed in accordance with 43 CFR part 3800,
subpart 3809.
You are subject to the consultation provisions of this subpart and must
submit the materials required by § 3715.3–2 to BLM.

§ 3715.3–1 At what point may I begin
occupancy?

removal and reclamation when operations end.

You must not begin occupancy
until—
(a) You have complied with either 43
CFR part 3800, subpart 3802 or 3809 and
this subpart, and BLM has completed
its review and made the required determinations under the applicable subparts, and
(b) You have obtained all federal,
state and local mining, reclamation,
and waste disposal permits, approvals,
or other authorizations for the particular use or occupancy as required
under this subpart.

§ 3715.3–3 How does BLM process the
information I submit about my proposed occupancy?
BLM will review all proposed occupancies and all proposed enclosures,
fences, gates, or signs intended to exclude the general public to determine if
your proposed occupancy or use will
conform to the provisions of §§ 3715.2,
3715.2–1 and 3715.5. BLM will complete
its review of a proposed occupancy not
involving a plan of operations within 30
business days of receipt of the materials, unless it concludes that the determination cannot be made until:
(a) 30 business days after it prepares
necessary environmental documents,
and
(b) 30 business days after it has complied with section 106 of the National
Historic Preservation Act, Section 7 of
the Endangered Species Act, and/or
other applicable statutes, if applicable.

rfrederick on PROD1PC67 with CFR

§ 3715.3–2 What information must I
provide to BLM about my proposed
occupancy?
You must give BLM a detailed map
that identifies the site and the placement of the items specified in paragraphs (c), (d), and (e) of this section,
and a written description of the proposed occupancy that describes in detail:
(a) How the proposed occupancy is
reasonably incident;
(b) How the proposed occupancy
meets the conditions specified in
§ 3715.2 and § 3715.2–1;
(c) Where you will place temporary
or permanent structures for occupancy;
(d) The location of and reason you
need enclosures, fences, gates, and
signs intended to exclude the general
public;
(e) The location of reasonable public
passage or access routes through or
around the area to adjacent public
lands; and
(f) The estimated period of use of the
structures, enclosures, fences, gates,
and signs, as well as the schedule for

§ 3715.3–4 How will BLM notify me of
the outcome of its review process?
At the conclusion of the review, BLM
will make a written determination of
concurrence or non-concurrence, and
will send it to you. For operations conducted under a plan of operations, BLM
will include this written determination
in the decision that approves, modifies,
or rejects the plan.
§ 3715.3–5 What will BLM’s notification
include?
(a) BLM will include in each determination of concurrence a statement
requiring you to continue to comply
with §§ 3715.2, 3715.2–1 and 3715.5.
(b) BLM will specify in each determination of non-concurrence how the
proposed occupancy fails to meet the

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