Segregation

Segregation is a temporary closure of public land to some or all of the public land laws, including the mining laws, usually while a proposed action is decided. BLM's regulations define it as "the removal for a limited period, subject to valid existing rights, of a specified area of the public lands from the operation of some or all of the public land laws, including the mineral laws, pursuant to the exercise by the Secretary of regulatory authority for the orderly administration of the public lands" (43 CFR 2091.0-5(b)).

Effect on mining claims

"Generally, segregated lands are not available for application, selection, sale, location, entry, claim or settlement under the public land laws, including the mining laws" (43 CFR 2091.07(a)). The segregating document may leave the land open to mineral leasing, mineral material sales, or geothermal leasing. BLM's mining claim regulations include segregated land in the definition of land closed to mineral entry (43 CFR 3830.5).

What causes segregation, and for how long

• Proposed withdrawal. Publication of a withdrawal application or proposal in the Federal Register segregates the land "to the extent specified in the notice" (43 U.S.C. 1714(b)(1)). It lasts up to 2 years and ends sooner if a public land order makes the withdrawal, or a notice denies or cancels the application (43 CFR 2091.5-1).
• Notice of Realty Action. Publication segregates land for 18 months for Recreation and Public Purposes Act disposals, and for 270 days for FLPMA section 203 sales, which may be extended in limited cases (43 CFR 2091.2-1).
• Exchanges. Land proposed for exchange may be segregated "by a notation on" the public land records (43 CFR 2091.3-1).

How segregation ends

BLM's mining claim regulations say land "remains segregated until the statutory period has expired, BLM ends the segregation under § 2091.2-2 of this chapter, or the Department of the Interior removes the notation of segregation from its records, whichever occurs first" (43 CFR 3830.5). Where an administrative appeal is pending, "the segregative period continues in effect until publication of an opening order" (43 CFR 2091.07(a)).

Segregation and pre-discovery rights

The Interior Board of Land Appeals held in Ronald R. Graham (77 IBLA 174, 1983) that "rights initiated under the doctrine of pedis possessio will not survive segregation of the land by BLM pursuant to a classification action." In that case, mining claims on land classified and leased under the Recreation and Public Purposes Act were properly declared null and void ab initio.

Why it matters in mining claim research

Segregations are temporary and easy to miss. A mining claim located during a two-year segregation for a withdrawal that was never made is still forfeited under 43 CFR 3830.91(b), even though the land was open before and after. Research has to check the notations on the master title plat and in BLM's records against the exact date of location.