What if I have an existing use or occupancy? (43 CFR 3715.4)

Bureau of Land Management, Interior

§ 3715.4–4

conditions of § 3715.2, § 3715.2–1 or
§ 3715.5, and will provide you an opportunity to modify the proposed occupancy or appeal the determination
under § 3715.9.
§ 3715.3–6 May I begin occupancy if I
have not received concurrence from
BLM?
If you have not received concurrence
from BLM, you must not begin occupancy even though you have submitted, or plan to submit, an amended
occupancy proposal or an appeal.

rfrederick on PROD1PC67 with CFR

§ 3715.4 What if I have an existing use
or occupancy?
(a) By August 18, 1997, all existing
uses and occupancies must meet the
applicable requirements of this subpart. If not, BLM will either issue you
a notice of noncompliance or order any
existing use or occupancy failing to
meet the requirements of this subpart
to suspend or cease under § 3715.7–1.
BLM will also order you to reclaim the
land under 43 CFR part 3800, subpart
3802 or 3809 to BLM’s satisfaction within a specified, reasonable time, unless
otherwise expressly authorized.
(b) If you are occupying the public
lands under the mining laws on August
15, 1996, you may continue your occupancy for one year after that date,
without being subject to the procedures this subpart imposes, if:
(1) You notify BLM by October 15,
1996 of the existence of the occupancy
using a format specified by BLM; and
(2) BLM has no pending trespass action against you concerning your occupancy.
(c) The one-year grace period provided in paragraph (b) of this section
will not apply if at any time BLM determines that your use or occupancy is
not reasonably incident and the continued presence of the use or occupancy is
a threat to health, safety or the environment. In this situation, BLM will
order an immediate temporary suspension of activities under § 3715.7–1(a).
(d) If you have no existing occupancies, but are engaged in uses of the
public lands under the mining law, you
are subject to the standards in § 3715.5.
BLM will determine if your existing
uses comply with those standards during normal inspection visits to the area

and during BLM review of notices and
plans of operations filed under 43 CFR
part 3800.
§ 3715.4–1 What happens after I give
BLM written notification of my existing occupancy?
(a) BLM will visit your site during
the normal course of inspection to obtain the information described in
§ 3715.3–2. After the visit, BLM will
make a determination of concurrence
or non-concurrence.
(b) You must provide the information
described in § 3715.3–2 to BLM. You may
provide it either in writing or verbally
during a site visit by BLM field staff.
§ 3715.4–2 What if I do not notify BLM
of my existing occupancy?
If you do not provide the written notice required in § 3715.4, you will be subject to the enforcement actions of
§ 3715.7–1, the civil remedies of § 3715.7–
2, and the criminal penalties of § 3715.8.
§ 3715.4–3 What if BLM does not concur in my existing use or occupancy?
If BLM determines that all or any
part of your existing use or occupancy
is not reasonably incident:
(a) BLM may order a suspension or
cessation of all or part of the use or occupancy under § 3715.7–1;
(b) BLM may order the land to be reclaimed to its satisfaction and specify
a reasonable time for completion of
reclamation under 43 CFR part 3800;
and
(c) BLM may order you to apply
within 30 days after the date of notice
from BLM for appropriate authorization under the regulations in 43 CFR
Group 2900.
§ 3715.4–4 What if there is a dispute
over the fee simple title to the lands
on which my existing occupancy is
located?
BLM may defer a determination of
concurrence or non-concurrence with
your occupancy until the underlying
fee simple title to the land has been finally determined by the Department of
the Interior. During this time, your existing occupancy may continue, subject
to § 3715.5(a).

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