---
title: "Check whether a plan of operations or a notice is required before disturbing public land"
url: "https://ailawframework.com/practice/energy-resources-and-mining/prepare-a-programme-of-work-before-ground-is-disturbed/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A13-PU20261022-6-US"
practice_area: "Energy, Resources & Mining"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check whether a plan of operations or a notice is required before disturbing public land

> From the proposed activity, list the land, whether it is described as public land, the equipment, the acres of new surface disturbance if the papers state them, and the tons of presumed ore to be removed for testing if…

Canonical page: https://ailawframework.com/practice/energy-resources-and-mining/prepare-a-programme-of-work-before-ground-is-disturbed/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Energy, Resources & Mining](https://ailawframework.com/practice/energy-resources-and-mining.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the proposed activity, list the land, whether it is described as public land, the equipment, the acres of new surface disturbance if the papers state them, and the tons of presumed ore to be removed for testing if the papers state them. Do not decide that the activity is casual use and do not lodge a plan or a notice. |
| What the lawyer must review | On public land, operations greater than casual use need a plan of operations approved by the Bureau before they begin, except where a notice under 43 C.F.R. § 3809.21 is enough (43 C.F.R. § 3809.11(a)). Bulk sampling that removes 1,000 tons or more of presumed ore needs a plan (§ 3809.11(b)). Casual use ordinarily causes no or negligible disturbance. It generally includes hand tools and does not include mechanized earth-moving equipment, truck-mounted drilling equipment, chemicals, or explosives (§ 3809.5). A notice must be complete 15 calendar days before exploration that disturbs 5 acres or less of public land on which reclamation has not been completed (§ 3809.21(a)). A project must not be split into notices to avoid a plan (§ 3809.21(b)). Paragraph (c) of § 3809.11 names special-status areas. Those areas were not copied from the opened text, so you open that paragraph. You decide which filing is required and you approve it before it is lodged. |
| Written for | United States |
| Applies to | [Prepare a programme of work before ground is disturbed](https://ailawframework.com/practice/energy-resources-and-mining/prepare-a-programme-of-work-before-ground-is-disturbed.md) |

## Checking plan

- What the AI does: From the proposed activity, list the land, whether it is described as public land, the equipment, the acres of new surface disturbance if the papers state them, and the tons of presumed ore to be removed for testing if the papers state them. Do not decide that the activity is casual use and do not lodge a plan or a notice.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- This is the Bureau's surface-management rule for public land. It is not a state exploration-licence programme of work.
- The contents of a notice are in § 3809.301, which was not opened.

## Sources

- [43 C.F.R. § 3809.11, When do I have to submit a plan of operations?](https://www.law.cornell.edu/cfr/text/43/3809.11) (checked 2026-10-22)
- [43 C.F.R. § 3809.21, When do I have to submit a notice?](https://www.law.cornell.edu/cfr/text/43/3809.21) (checked 2026-10-22)
- [43 C.F.R. § 3809.5, How does BLM define certain terms?](https://www.law.cornell.edu/cfr/text/43/3809.5) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*