The Nickel Report

The US Bureau of Land Management (BLM) has issued a new policy “to ensure that Tribal Nations will be notified whenever mineral exploration work is proposed on BLM-managed lands[,]” including notice-level operations.

The BLM Surface Management Regulations allow for operators to conduct mineral exploration work under a “notice” if the work will disturb less than five acres. Such activities are known as “notice-level” operations. These operations are typically not subject to environmental review under the National Environmental Policy Act (NEPA) because they are limited in scope.

Activities that disturb more than five acres require a plan of operations. Processing a plan of operations requires environmental review under NEPA. Thus, notice-level activities typically allow for operators to get drills turning far more quickly than if they were to proceed under a plan of operations. The tradeoff is that notice-level operations typically do not generate as much geological data in comparison to larger drill programs that require a plan of operations.

Notice-level operations can be a way to conduct limited, early stage mineral exploration without getting bogged down in lengthy, expensive permitting and environmental review processes and related litigation. Under the new policy, the BLM will notify Tribes of all proposed notice-level operations.

A copy of the BLM’s September 9, 2024 press release is available here. Contact Martin Stratte at mstratte@huntonak.com with questions about the new policy or mineral exploration activities.