43 CFR § 3809.434 - How does this subpart apply to pending modifications for new or existing facilities?

---
identifier: "/us/cfr/t43/s3809.434"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 3809.434 - How does this subpart apply to pending modifications for new or existing facilities?"
title_number: 43
title_name: "Public Lands: Interior"
section_number: "3809.434"
section_name: "How does this subpart apply to pending modifications for new or existing facilities?"
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "C"
subchapter_name: "MINERALS MANAGEMENT (3000)"
part_number: "3800"
part_name: "MINING CLAIMS UNDER THE GENERAL MINING LAWS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 3101  30 U.S.C. 22-42, 181  301-306, 351-359, and 601  31 U.S.C. 9701; 40 U.S.C. 471  42 U.S.C. 6508; 43 U.S.C. 1701  and Pub. L. No. 97-35, 95 Stat. 357."
regulatory_source: "45 FR 13974, Mar. 3, 1980, unless otherwise noted."
cfr_part: "3800"
---


# 3809.434 How does this subpart apply to pending modifications for new or existing facilities?

(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.

(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.

(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).

(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.