43 CFR § 3461.1 - Underground mining exemption from criteria.
---
identifier: "/us/cfr/t43/s3461.1"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 3461.1 - Underground mining exemption from criteria."
title_number: 43
title_name: "Public Lands: Interior"
section_number: "3461.1"
section_name: "Underground mining exemption from criteria."
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "C"
subchapter_name: "MINERALS MANAGEMENT (3000)"
part_number: "3460"
part_name: "ENVIRONMENT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "The Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 ), the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Multiple Mineral Development Act of 1954 (30 U.S.C. 521-531 ), the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 ) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 )."
regulatory_source: "44 FR 42638, July 19, 1979, unless otherwise noted."
cfr_part: "3460"
---
# 3461.1 Underground mining exemption from criteria.
(a) Federal lands with coal deposits that would be mined by underground mining methods shall not be assessed as unsuitable where there would be no surface coal mining operations, as defined in § 3400.0-5 of this title, on any lease, if issued.
(b) Where underground mining will include surface operations and surface impacts on Federal lands to which a criterion applies, the lands shall be assessed as unsuitable unless the surface management agency finds that a relevant exception or exemption applies.
[44 FR 42638, July 19, 1979, as amended at 47 FR 33149, July 30, 1982. Redesignated at 52 FR 46473, Dec. 8, 1987]