Plan of Operations

A plan of operations is the operating plan a mining claimant or operator must submit to BLM, and have approved, before certain work on public lands. BLM's surface management rules at 43 CFR 3809 sort operations into three classes: casual use, notice-level operations, and "Plan-level operations, for which an operator must submit a plan of operations and obtain BLM's approval" (43 CFR 3809.10(c)).

When a plan is required (43 CFR 3809.11)

• For "operations greater than casual use," except exploration covered by a notice. A notice covers only exploration "causing surface disturbance of 5 acres or less" (43 CFR 3809.21). Mining itself, at any size, requires a plan.
• For "any bulk sampling in which you will remove 1,000 tons or more of presumed ore for testing."
• For any disturbance greater than casual use in special status areas. These include designated Areas of Critical Environmental Concern, BLM-administered wilderness, areas in or proposed for the National Wild and Scenic Rivers System, lands with listed threatened or endangered species or critical habitat, National Monuments, and National Conservation Areas.

BLM's brochure "Mining Claims and Sites on Federal Lands" states the rule more simply: "A plan of operations is required where activities involve the surface disturbance of more than 5 acres." The regulation also reaches mining and the special areas.

What the plan must contain (43 CFR 3809.401(b))

• Operator information, including "the BLM serial number(s) of any unpatented mining claim(s) where disturbance would occur"
• A description of operations, with maps, designs, water management, rock characterization, spill contingency plans, and a schedule "from start through closure"
• A reclamation plan meeting the performance standards of 43 CFR 3809.420
• A monitoring plan
• An interim management plan for temporary closures

How BLM reviews it (43 CFR 3809.411)

1. BLM reviews the plan within 30 calendar days for completeness.
2. BLM may require baseline data, environmental review under the National Environmental Policy Act, and consultations.
3. BLM publishes notice of the plan and accepts public comment "for at least 30 calendar days."
4. BLM approves the plan, approves it with changes or conditions, or disapproves it. Grounds for disapproval include operations "in an area segregated or withdrawn from the operation of the mining laws," unless the rules for such lands are met, and operations that would cause "unnecessary or undue degradation."

Before and during operations

Operations may not begin "until BLM approves your plan of operations and you provide the financial guarantee" (43 CFR 3809.412). The plan "remains in effect as long as you are conducting operations," unless BLM suspends or revokes it (43 CFR 3809.423).

Why it matters in mining claim research

A plan of operations is its own BLM case, separate from the mining claims it covers, and it lists their serial numbers. Research links approved plans to the underlying mining claims. A plan shows planned or active operations and bonding obligations on the ground, but it does not establish that the mining claims are valid.