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Significantly Disturbed For Purposes of Mineral Extraction
Understanding Significantly Disturbed For Purposes of Mineral Extraction
Definition & Meaning
The term "significantly disturbed for purposes of mineral extraction" refers to land that has undergone substantial alteration due to the extraction of minerals. According to federal regulations, this includes areas where commercial quantities of minerals have been removed from the surface, or where significant amounts of overburden or spoil have been displaced. Importantly, this definition excludes activities related to testing or experimentation that do not involve the extraction of minerals for commercial purposes.
Table of content
Legal Use & context
This term is primarily used in the context of mining and mineral rights within federal and state laws. It is relevant in legal practices concerning land management, environmental regulations, and mineral extraction rights. Users may encounter this term when dealing with permits for mining operations or when assessing land for potential mineral extraction. Legal forms related to mining claims and environmental assessments are available through resources like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, if a mining company removes a substantial quantity of ore from a site for sale, that land would be considered significantly disturbed. Conversely, if a company only extracts a small amount of ore for testing purposes, this would not qualify as significant disturbance (hypothetical example).
Relevant laws & statutes
Key regulations governing this term include:
36 CFR Part 9 - Minerals Management, which outlines the definitions and regulations related to mineral extraction on federal lands.
State-by-state differences
Examples of state differences (not exhaustive):
State
Significant Disturbance Definition
California
Defines significant disturbance similarly but includes additional environmental impact assessments.
Nevada
Focuses on the volume of minerals extracted and requires specific reporting for disturbances.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Mineral Extraction
The process of removing minerals from the earth, which may or may not lead to significant disturbance.
Overburden
The layer of soil and rock that must be removed to access mineral deposits; significant disturbance may involve its displacement.
Common misunderstandings
What to do if this term applies to you
If you are involved in mineral extraction or are considering it, ensure you understand the definition of significant disturbance. You may need to apply for permits or conduct environmental assessments. Consider using US Legal Forms for templates related to mining claims or permits. If your situation is complex, consulting a legal professional is advisable.
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