[Federal Register Volume 64, Number 190 (Friday, October 1, 1999)]
[Rules and Regulations]
[Pages 53213-53217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25505]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 1820
[WO-350-1430-00-24 1A]
RIN 1004-AC83
Application Procedures
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
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SUMMARY: The Bureau of Land Management (BLM) is issuing final
regulations that revise general application procedures by streamlining,
modernizing, and clarifying existing provisions and removing obsolete
and unnecessary requirements. The final rule describes how to file
applications or other documents with BLM; provides guidance on how BLM
determines priority for applications filed simultaneously; and spells
out procedures for payments and refunds and requirements for
publication and posting of notices.
EFFECTIVE DATE: November 1, 1999.
ADDRESSES: You may send inquiries or suggestions to: Director (630),
Bureau of Land Management, 1849 C Street, NW., Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Mary Linda Ponticelli, Telephone:
(202) 452-0364 (Commercial or FTS).
SUPPLEMENTARY INFORMATION:
I. Background
II. Final Rule as Adopted
III. Responses to Comments
IV. Procedural Matters
I. Background
The existing regulations at 43 CFR part 1820 address general
procedures applicable to all BLM land use authorizations. These general
procedural regulations serve important
[[Page 53214]]
functions such as informing members of the public of proposed BLM
actions or decisions through publication and posting of notices. The
1820 regulations are an important complement to BLM's detailed
application procedures for specific programs. When there is a conflict
between the general and specific program regulations, the latter
governs.
The final rule published today is a stage of the rulemaking process
that will result in the revision of the regulations at 43 CFR part
1820. This rule was preceded by a proposed rule that was published in
the October 1, 1997, Federal Register (62 FR 51402). The proposal was
intended to reduce the regulatory burden imposed on the public;
streamline, modernize and clarify existing provisions; and remove
obsolete and unnecessary requirements. We took this action to ensure
consistency in processing documents and uniformity in the treatment of
BLM's customers.
BLM invited public comments for 60 days and received comments from
two sources: one from a law firm, who supported the proposal with
suggested changes, and one from a private citizen, who opposed the
proposal. We also received technical, internal agency comments.
II. Final Rule as Adopted
The final rule is adopted with changes to the proposed rule as
discussed in the Responses to Comments section. In summary, the final
rule contains general information on how to file documents with BLM,
such as applications for various BLM resource programs. It also
provides guidance on how BLM determines ``first in line'' priority for
applications filed simultaneously; allows applications that do not
require an original signature to be filed electronically; authorizes
BLM to accept payments by Visa and Master Card in addition to more
traditionally accepted forms of payment; permits an application
relating to lands in more than one land district to be filed with any
BLM State Office having jurisdiction over the lands rather than the
existing procedure which requires an application to be filed in each
office having jurisdiction over the lands; and describes requirements
for posting and publication of notices.
The final rule removes regulatory provisions on specific BLM
resource programs, such as Sec. 1821.5-3 (mining claims), since these
provisions are addressed in program-specific regulations found in other
parts and subparts of title 43. In addition, the rule removes subpart
1823 (Proofs and Testimony) and subpart 1826 (Reinstatement of
Cancelled Entries), because their applicability is now limited to
desert land entries, and pertinent provisions are addressed in part
2520 of this title (Desert Land Entries). Further, we have removed many
procedural requirements that are no longer applicable in Secs. 1821.6,
concerning time constraints for applications filed in BLM offices in
Alaska, and 1822.3, concerning homestead requirements.
III. Responses to Comments
In preparing the final rule, BLM carefully considered all comments
received during the 60-day public comment period on the proposed rule
to revise 43 CFR part 1820. A discussion of those comments follows:
Comments Incorporated into the Final Rule--
1. Comment: Existing Sec. 1821.2-2(g)(1) allows the authorized
officer to consider a late filing except where, among other criteria,
the law does not permit him to do so. Proposed Sec. 1822.15(a), which
restates existing Sec. 1821.2-2(g)(1) in plain language, allows BLM to
consider a document timely filed if the law permits BLM to do so. The
commenter suggests retaining the language in the existing section
because the proposed section could be interpreted as requiring specific
authorization in the law for BLM to consider a late filing.
Response: To avoid any misinterpretation and confusion that could
result from this slight variation in language, we have adopted the
commenter's suggestion and reworded Sec. 1822.15(a) to state that BLM
can consider a document timely filed if the law does not prohibit it.
2. Comment: Existing Sec. 1821.2-2(c) allows BLM to consider a late
filing if doing so would not unduly interfere with the orderly conduct
of business. Proposed Sec. 1822.15(c) has the same provision except
that the word ``unduly'' was dropped. The commenter recommends that the
word ``unduly'' be inserted in the proposed section so that there will
be no substantive change in policy.
Response: We have adopted the commenter's recommendation and added
the word ``unduly'' to Sec. 1822.15(c).
3. We have made several technical changes to the proposed
regulation in response to internal comments:
(a) Deleted the word ``national'' in Sec. 1821.10(a).
(b) Changed the words ``five specialty centers'' in Sec. 1821.10(a)
to read ``seven national level support and service centers''.
(c) Changed the words ``District Offices and Resource Area
Offices'' in Sec. 1821.10(a) to read ``Field Offices''.
(d) Changed the words ``District and Resource Area Offices'' in
Sec. 1821.10(b) to read ``Field Offices''.
(e) Added a new sentence to Sec. 1821.12 ``You should consult the
regulations applying to the specific program.''
(f) Added a new question ``Sec. 1821.13 What if the specific
program regulations conflict with these regulations?''
(g) Added a requirement to Sec. 1822.10 for an applicant to provide
his/her current address. Deleted the word ``full'' and replaced with
``legal'' in Sec. 1822.10.
(h) Deleted the words ``(such as a State Office or District
Office)'' in Sec. 1822.12. Deleted the words ``you should'' and added
``and we will tell you which BLM office to file your application.'' to
the last sentence.
(i) Deleted the word ``personal'' in the second sentence. Added a
new sentence ``When you file an application electronically, it will not
be considered filed until BLM receives it.'' in Sec. 1822.13.
(j) Changed the words ``same time'' in Sec. 1822.17(a) to read
``same day and time''.
(k) Changed (b) to read ``No other BLM regulation prohibits doing
so; and'' in Sec. 1822.15. Revised (c) to read ``No intervening third
party interests or rights have been created or established during the
intervening period.'' in Sec. 1822.15.
(l) Deleted the last sentence in Sec. 1823.10.
(m) Added the word ``a'' in the question in Sec. 1823.11.
(n) Added the words ``sufficient'' and ``your'' in the first
sentence in Sec. 1823.13.
(o) Changed the word ``occurrence'' to read ``event'' in
Sec. 1824.10. Changed the word ``causing'' to ``requiring'' in
Sec. 1824.10. Rearranged and renumbered Secs. 1824.11-1824.13 as
Secs. 1824.15-1824.17 and Secs. 1824.14-1824.17 as 1824.11-1824.14 so
that all posting and publication questions will be aligned.
(p) Changed the words ``public lands involved'' in Sec. 1824.14 to
read ``public and private lands involved''.
(q) Changed the word ``valid'' to read ``relevant'' in
Sec. 1824.16.
(r) Added the words ``any'' and ``that apply,'' to the first
sentence in Sec. 1825.10.
(s) Changed the word ``does'' to ``may'' in the first sentence in
Sec. 1825.12 since relinquishments of rights-of-way or permits would
not affect availability of the land for another application.
[[Page 53215]]
Comments Not Incorporated into the Final Rule--
4. Comment: BLM was incorrect in requiring public comments to be
``received by December 1, 1997'' rather than ``postmarked by December
1, 1997.'' This deadline, in effect, shortens the time frame for
submission of various documents, such as the requirements in
Secs. 1822.14, 1822.17, and 1825.11.
Response: We disagree. The deadline for receipt of comments stands;
there is no linkage of that deadline to other deadlines in the
regulation. Moreover, BLM is authorized to establish the due date for
comments on its regulations, and publication of that date gives
everyone the same opportunity to respond timely. It has been our
experience that the various deadlines in the regulation are reasonable
and fair to potential applicants.
5. Comment: Section 1825.10 implies that the last claimant is
completely responsible for all reclamation and unpaid rental fees in
relinquishments of public lands.
Response: It appears that the commenter has misinterpreted
Sec. 1825.10. We do not believe any change to the proposed rule is
warranted as the section is clear in stating that a claimant who
relinquishes his/her interest in public lands is only responsible for
fulfilling obligations that accrued before the time of relinquishment.
IV. Procedural Matters
National Environmental Policy Act of 1969
BLM has prepared an environmental assessment (EA) and has found
that the final rule would not constitute a major Federal action
significantly affecting the quality of the human environment under
section 102(2)(C) of the National Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4332(2)(C). BLM has placed the EA and the Finding of
No Significant Impact (FONSI) on file in the BLM Administrative Record,
1621 L Street, NW, Room 401, Washington, DC, during regular business
hours, 8 a.m. to 4:30 p.m., Monday through Friday.
Paperwork Reduction Act
This final rule does not contain information collection
requirements that the Office of Management and Budget must approve
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Regulatory Flexibility Act
BLM has determined that the final rule, which makes non-substantive
changes to the regulations, will not have a significant economic impact
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
This final rule does not include any Federal mandate that may
result in increased expenditures of $100 million in any one year by
State, local, or tribal governments, or by the private sector.
Therefore, a section 202 statement under the Unfunded Mandates Reform
Act is not required.
Executive Order 12612
BLM has analyzed this final rule under the principles and criteria
in Executive Order 12612 and has determined that the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Executive Order 12630
This final rule does not represent a government action that
interferes with constitutionally protected property rights. Thus, a
Takings Implication Assessment need not be prepared under Executive
Order 12630, ``Government Action and Interference with Constitutionally
Protected Property Rights.''
Executive Order 12866
This final rule does not meet the criteria for a significant rule
requiring review by the Office of Management and Budget under Executive
Order 12866, Regulatory Planning and Review.
Executive Order 12988
The Department has determined that this final rule meets the
applicable standards provided in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform.
Report to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, BLM submitted a report
containing this rule and other required information to the U.S. Senate,
U.S. House of Representatives, and the Comptroller General of the
General Accounting Office before publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
Author
The principal author of this final rule is Mary Linda Ponticelli,
assisted by Shirlean Beshir, Regulatory Affairs Group.
List of Subjects in 43 CFR Part 1820
Administrative practice and procedure; Archives and records; Public
lands.
Dated: September 27, 1999.
Sylvia V. Baca,
Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, and under the authority of
43 U.S.C. 1740, part 1820 of Title 43 of the Code of Federal
Regulations is revised to read as follows:
PART 1820--APPLICATION PROCEDURES
Subpart 1821--General Information
Sec.
1821.10 Where are BLM offices located?
1821.11 During what hours may I file an application?
1821.12 Are these the only regulations that will apply to my
application or other required document?
1821.13 What if the specific program regulations conflict with
these regulations?
Subpart 1822--Filing a Document with BLM
1822.10 How should my name appear on applications and other
required documents that I submit to BLM?
1822.11 What must I do to make an official filing with BLM?
1822.12 Where do I file my application or other required documents?
1822.13 May I file electronically?
1822.14 What if I try to file a required document on the last day
of the stated period for filing, but the BLM office where it is to
be filed is officially closed all day?
1822.15 If I miss filing a required document or payment within the
specified period, can BLM consider it timely filed anyway?
1822.16 Where do I file an application that involves lands under
the jurisdiction of more than one BLM State Office?
1822.17 When are documents considered filed simultaneously?
1822.18 How does BLM decide in which order to accept documents that
are simultaneously filed?
Subpart 1823--Payments and Refunds
1823.10 How may I make my payments to BLM?
1823.11 What is the authority for BLM issuing a refund of a
payment?
1823.12 When and how may I obtain a refund?
1823.13 Is additional documentation needed when a third party
requests a refund?
Subpart 1824--Publication and Posting Notices
1824.10 What is a publication?
1824.11 How does BLM choose a newspaper in which to publish a
notice?
1824.12 How many times must BLM publish a notice?
[[Page 53216]]
1824.13 Who pays for publication?
1824.14 Does the claimant or applicant pay for an error by the
printer of the paper in which the notice appears?
1824.15 What does it mean to post a notice?
1824.16 Why must I post a notice?
1824.17 If I must post a notice on the land, what are the
requirements?
Subpart 1825--Relinquishments
1825.10 If I relinquish my interest (such as a claim or lease) in
public land, am I relieved of all further responsibility associated
with that interest?
1825.11 When are relinquishments effective?
1825.12 When does relinquished land become available again for
other application or appropriation?
Authority: 5 U.S.C. 552, 43 U.S.C. 2, 1201, 1733, and 1740.
Subpart 1821--General Information
Sec. 1821.10 Where are BLM offices located?
(a) In addition to the Headquarters Office in Washington, D.C. and
seven national level support and service centers, BLM operates 12 State
Offices, each having several subsidiary offices called Field Offices.
The addresses of the State Offices and their respective geographical
areas of jurisdiction are as follows:
State Offices and Areas of Jurisdiction:
Alaska State Office, 222 West 7th Avenue, #13, Anchorage, AK 99513-
7599--Alaska
Arizona State Office, 222 North Central Avenue, Suite 101, Phoenix,
AZ 85004-2203--Arizona
California State Office, 2135 Butano Drive, Sacramento, CA 95825-
0451--California
Colorado State Office, 2850 Youngfield Street, Lakewood, CO 80215-
7076--Colorado
Eastern States Office, 7450 Boston Boulevard, Springfield, VA
22153--Arkansas, Iowa, Louisiana, Minnesota, Missouri, and all
States east of the Mississippi River
Idaho State Office, 1387 South Vinnell Way, Boise, ID 83709--Idaho
Montana State Office, Granite Tower, 222 North 32nd Street,
Billings, MT 59107-6800; Mail: P.O. Box 36800, Billings, MT 59107-
6800--Montana, North Dakota and South Dakota
Nevada State Office, 1340 Financial Boulevard, Reno, NV 89520-0006--
Nevada
New Mexico State Office, 1474 Rodeo Drive, Santa Fe, NM 87502-0115;
Mail: P.O. Box 27115, Santa Fe, NM 87502-0115--Kansas, New Mexico,
Oklahoma and Texas
Oregon State Office, 1515 S.W. 5th Avenue, P.O. Box 2965, Portland,
OR 97208--Oregon and Washington
Utah State Office, CFS Financial Center, 324 South State Street,
Salt Lake City, UT 84145-0155 Mail: P.O. Box 45155, Salt Lake City,
UT 84145-0155--Utah
Wyoming State Office, 5353 Yellowstone Road, Cheyenne, WY 82003;
Mail: P.O. Box 1828, Cheyenne, WY 82003--Wyoming and Nebraska
(b) A list of the names, addresses, and geographical areas of
jurisdiction of all Field Offices of the Bureau of Land Management can
be obtained at the above addresses or any office of the Bureau of Land
Management, including the Washington Office, Bureau of Land Management,
1849 C Street, NW, Washington, DC 20240.
Sec. 1821.11 During what hours may I file an application?
You may file applications or other documents or inspect official
records during BLM office hours. Each BLM office will prominently
display a notice of the hours during which that particular office will
be open. Except for offices which are open periodically, for example,
every Wednesday or the 3rd Wednesday of the month, all offices will be
open Monday through Friday, excluding Federal holidays, at least from 9
a.m. to 3 p.m., local time.
Sec. 1821.12 Are these the only regulations that will apply to my
application or other required document?
No. These general regulations are supplemented by specific program
regulations. You should consult the regulations applying to the
specific program.
Sec. 1821.13 What if the specific program regulations conflict with
these regulations?
If there is a conflict, the specific program regulations will
govern and the conflicting portion of these regulations will not apply.
Subpart 1822--Filing a Document with BLM
Sec. 1822.10 How should my name appear on applications and other
required documents that I submit to BLM?
Your legal name and current address should appear on your
application and other required documents.
Sec. 1822.11 What must I do to make an official filing with BLM?
You must file your application and any other required documents
during regular office hours at the appropriate BLM office having
jurisdiction over the lands or records involved. You must file any
document with BLM through personal delivery or by mailing via the
United States Postal Service or other delivery service, except for
those applications that may be filed electronically under Sec. 1822.13,
unless a more specific regulation or law specifies the mode of
delivery. The date of mailing is not the date of filing.
Sec. 1822.12 Where do I file my application or other required
documents?
You should file your application or other required documents at the
BLM office having jurisdiction over the lands or records involved. The
specific BLM office where you are to file your application is usually
referenced in the BLM regulations which pertain to the filing you are
making. If the regulations do not name the specific office, or if you
have questions as to where you should file your application or other
required documents, contact your local BLM office for information and
we will tell you which BLM office to file your application.
Sec. 1822.13 May I file electronically?
For certain types of applications, BLM will accept your electronic
filing if an original signature is not required. If BLM requires your
signature, you must file your application or document by delivery or by
mailing. If you have any questions regarding which types of
applications can be electronically filed, you should check with the BLM
office where you intend to file your application. When you file an
application electronically, it will not be considered filed until BLM
receives it.
Sec. 1822.14 What if I try to file a required document on the last day
of the stated period for filing, but the BLM office where it is to be
filed is officially closed all day?
BLM considers the document timely filed if we receive it in the
office on the next day it is officially open.
Sec. 1822.15 If I miss filing a required document or payment within
the specified period, can BLM consider it timely filed anyway?
BLM may consider it timely filed if:
(a) The law does not prohibit BLM from doing so;
(b) No other BLM regulation prohibits doing so; and
(c) No intervening third party interests or rights have been
created or established during the intervening period.
Sec. 1822.16 Where do I file an application that involves lands under
the jurisdiction of more than one BLM State Office?
You may file your application with any BLM State Office having
jurisdiction over the subject lands. You should consult the regulations
of the particular BLM resource program involved for more specific
information.
Sec. 1822.17 When are documents considered filed simultaneously?
(a) BLM considers two or more documents simultaneously filed when:
[[Page 53217]]
(1) They are received at the appropriate BLM office on the same day
and time; or
(2) They are filed in conjunction with an order that specifies that
documents received by the appropriate office during a specified period
of time will be considered as simultaneously filed.
(b) An application or document that arrives at the BLM office where
it is to be filed when the office is closed for the entire day will be
considered as filed on the day and hour the office next officially
opens.
(c) Nothing in this provision will deny any preference right
granted by applicable law or regulation or validate a document which is
invalid under applicable law or regulation.
Sec. 1822.18 How does BLM decide in which order to accept documents
that are simultaneously filed?
BLM makes this decision by a drawing open to the public.
Subpart 1823--Payments and Refunds
Sec. 1823.10 How may I make my payments to BLM?
Unless specific regulations provide otherwise, you may pay by:
(a) United States currency; or
(b) Checks, money orders, or bank drafts made payable to the Bureau
of Land Management; or
(c) Visa or Master Card credit charge, except as specified by
pertinent regulation(s).
Sec. 1823.11 What is the authority for BLM issuing a refund of a
payment?
BLM can issue you a refund under the authority of section 304(c) of
the Federal Land Policy and Management Act, 43 U.S.C. 1734.
Sec. 1823.12 When and how may I obtain a refund?
(a) In making a payment to BLM, if the funds or fees you submitted
to BLM exceed the amount required or if the regulations provide that
fees submitted to BLM must be returned in certain situations, you may
be entitled to a full or partial refund.
(b) If you believe you are due a refund, you may request it from
the BLM office where you previously submitted your payment. You should
state the reasons you believe you are entitled to a refund and include
a copy of the appropriate receipt, canceled check, or other relevant
documents.
Sec. 1823.13 Is additional documentation needed when a third party
requests a refund?
Yes. When refund requests are made by heirs, executors,
administrators, assignees, or mortgagees, BLM may require additional
documentation sufficient to establish your entitlement to a refund. If
you are an heir, executor, administrator, assignee or mortgagee, you
should contact the BLM office where you will file your refund
application for information regarding appropriate documentation.
Subpart 1824--Publication and posting of notices
Sec. 1824.10 What is publication?
Publication means publishing a notice announcing an event or a
proposed action in the Federal Register, a local newspaper of
established character and general circulation in the vicinity of the
land affected or other appropriate periodical. BLM's purpose in
publishing or requiring the publication of such information is to
advise you and other interested parties that some action will occur and
that the public is invited either to participate or to comment.
Sec. 1824.11 How does BLM choose a newspaper in which to publish a
notice?
BLM bases its choice of newspapers on their reputation and
frequency and level of circulation in the vicinity of the public or
private lands involved.
Sec. 1824.12 How many times must BLM publish a notice?
The number of times that BLM will publish or cause to be published
a notice depends on the publication requirements for the particular
action involved. You should see the applicable law and the regulations
governing specific BLM resource programs for information on the
requirements for publication for a particular action.
Sec. 1824.13 Who pays for publication?
The cost of publication is the responsibility of the claimant or
applicant.
Sec. 1824.14 Does the claimant or applicant pay for an error by the
printer of the paper in which the notice appears?
No. The claimant or applicant is not responsible for costs involved
in correcting an error by the printer.
Sec. 1824.15 What does it mean to post a notice?
Posting a notice is similar to publishing a notice except that the
notice is displayed at the appropriate BLM office, local courthouse or
similar prominent local government building or on a prominent fixture
such as a building, tree or post located on the particular public lands
involved.
Sec. 1824.16 Why must I post a notice?
The posting of a notice informs those persons who may be interested
in the lands or resources described, who have relevant information to
provide, or who may wish to oppose the proposal.
Sec. 1824.17 If I must post a notice on the land, what are the
requirements?
The posted notice must be visible throughout the time period for
posting specified in the regulations governing the relevant program.
BLM or its regulations may require additional posting, such as in a
post office or city hall. For any additional posting requirements, you
should see applicable Federal and State law, the regulations of the
particular BLM resource program and any additional BLM requirements
associated with your application.
Subpart 1825--Relinquishments
Sec. 1825.10 If I relinquish my interest (such as a claim or lease) in
public lands, am I relieved of all further responsibility associated
with that interest?
No. You are still responsible for fulfilling any regulatory,
statutory, lease, permit and other contractual obligations that apply,
such as performance of reclamation and payment of rentals accruing
before the time of relinquishment. You should see the regulations
relating to the specific BLM resource program involved for more
detailed information.
Sec. 1825.11 When are relinquishments effective?
Generally, BLM considers a relinquishment to be effective when it
is received, along with any required fee, in the BLM office having
jurisdiction of the lands being relinquished. However, the specific
program regulations govern effectiveness of relinquishments.
Sec. 1825.12 When does relinquished land become available again for
other application or appropriation?
Relinquished land may not again become available until BLM notes
the filed relinquishment of an interest on the land records maintained
by the BLM office having jurisdiction over the lands involved. If you
have any questions regarding the availability of a particular tract of
land, you should contact the BLM office having jurisdiction over the
lands or records.
[FR Doc. 99-25505 Filed 9-30-99; 8:45 am]
BILLING CODE 4310-84-P
