{"data":{"id":"us/43-cfr-3809.434","jurisdiction":"us","citation":"43 CFR 3809.434","heading":"How does this subpart apply to pending modifications for new or existing facilities?","body":"(a) This subpart applies to modifications pending before BLM on January 20, 2001 to construct a new facility, such as a waste rock repository, leach pad, drill site, or access road; or to modify an existing mine facility such as expansion of a waste rock repository or leach pad.\n(b) All provisions of this subpart, except plan content (§ 3809.401) and performance standards (§§ 3809.415 and 3809.420) apply to any modification of a plan of operations that was pending on January 20, 2001. See § 3809.505 for applicability of financial guarantee requirements.\n(c) If your unapproved modification of a plan of operations is pending on January 20, 2001, then the plan content requirements (§ 3809.1-5) and the performance standards (§§ 3809.1-3(d) and 3809.2-2) that were in effect immediately before January 20, 2001 apply to your modification of a plan of operations. (See 43 CFR parts 1000-end, revised as of Oct. 1, 2000).\n(d) If you want this subpart to apply to your pending modification of a plan of operations, where not otherwise required, you may choose to have this subpart apply.","path":["Title 43—Public Lands: Interior","Subtitle B—Regulations Relating to Public Lands","CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR","SUBCHAPTER C—MINERALS MANAGEMENT (3000)","PART 3800—MINING CLAIMS UNDER THE GENERAL MINING LAWS","Subpart 3809—Surface Management"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-43.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:15Z","sha256":"6d222e1c9c983f125b1be8dd030a6c8a049c9c7e3e7109856b5965118316c226","source_id":"us-cfr","stale":true,"prev":"us/43-cfr-3809.433","next":"us/43-cfr-3809.500"},"notice":"GroundRules: Original legal text. Not legal advice."}