Reclamation
The work required to restore land disturbed by mining or exploration, such as regrading, revegetation, plugging drill holes, and removing structures, backed on BLM land by a financial guarantee.
Detailed Definition
Reclamation is the work required to restore land disturbed by mining or exploration. BLM defines it in 43 CFR 3809.5 as "taking measures required by this subpart following disturbance of public lands caused by operations to meet applicable performance standards and achieve conditions required by BLM at the conclusion of operations."
The components of reclamation
43 CFR 3809.5 lists them, where they apply:
- Isolation, control, or removal of acid-forming, toxic, or deleterious substances
- Regrading and reshaping to conform with adjacent landforms, facilitate revegetation, control drainage, and minimize erosion
- Rehabilitation of fisheries or wildlife habitat
- Placement of growth medium and establishment of self-sustaining revegetation
- Removal or stabilization of buildings, structures, or other support facilities
- Plugging of drill holes and closure of underground workings
- Post-mining monitoring, maintenance, or treatment
When reclamation happens
Reclamation is not left to the end. Under 43 CFR 3809.420(a)(5), operators "must initiate and complete reclamation at the earliest economically and technically feasible time" on areas they will not disturb further. Another standard in the same section lets operators leave disturbance only "to the extent necessary to preserve evidence of mineralization."
The financial guarantee
Anyone operating under a notice or plan of operations on BLM land must post a financial guarantee before starting. Casual use needs none (43 CFR 3809.500(a)). The amount must cover "the estimated cost as if BLM were to contract with a third party to reclaim your operations according to the reclamation plan," including treatment facilities needed to meet environmental standards (43 CFR 3809.552(a)). Where long-term water treatment is needed, BLM can require a trust fund or similar mechanism (43 CFR 3809.552(c)).
The guarantee is released in stages. BLM may release up to 60 percent for an area once backfilling, regrading, drainage control, and stabilization of heaps and tailings are complete there (43 CFR 3809.591(b)).
Where these rules apply
Subpart 3809 governs operations under the mining laws on BLM-administered public lands. The Forest Service and the states have their own reclamation requirements, and state rules often apply alongside BLM's.
Why it matters in research
An acquisition of mining claims can bring reclamation obligations with it. The notices and plans of operations on the ground, the guarantee posted, and whether BLM has released it show what has been disturbed and who is responsible for it.
Related Terms
Mining Claim
A parcel of federal land on which a claimant asserts the right to possess and develop a valuable mineral deposit under the Mining Law of 1872.
BLM (Bureau of Land Management)
The Bureau of Land Management, the Interior Department agency that manages the federal mineral estate and records and maintains unpatented mining claims and sites.
Tailings
The finely ground material left over after the valuable metal or mineral has been extracted from ore, usually stored in an impoundment or pile.
Plan of Operations
The operating plan BLM must approve under 43 CFR 3809 before mining on public lands, before exploration beyond 5 acres, and before any work beyond casual use in certain special areas.
Notice-Level Operations
Exploration on public lands causing surface disturbance of 5 acres or less, conducted under a notice filed with BLM at least 15 calendar days before work begins, with a financial guarantee.