[Federal Register Volume 59, Number 90 (Wednesday, May 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11346]
[[Page Unknown]]
[Federal Register: May 11, 1994]
_______________________________________________________________________
Part VII
Department of the Interior
_______________________________________________________________________
Bureau of Land Management
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43 CFR Part 3720, et al.
Mining Claims; Proposed Rule
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3720, 3730, 3800, 3810, 3820, 3830, and 3850.
[WO-660-4191-02-24 1A]
RIN 1004-AC17
Mining Claims; Rental, Maintenance, and Location Fees; Lands Open
to Location, National Parks, King Range National Conservation Area,
Indian Reservations, Surface Management; Removal of Obsolete or Expired
Regulations, Consolidation of Remaining Sections
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
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SUMMARY: This document has two objectives. The rule would implement
Title X, Subtitle B, sections 10101 through 10106 of the Omnibus Budget
Reconciliation Act of August 10, 1993 (Pub. L. 103-66, 107 Stat. 312)
(the Act), which are entitled ``Hardrock Mining Claim Maintenance
Fee.'' Section 10106 of the Act requires the Secretary to issue
regulations implementing the Act as soon as practicable after
enactment. The Act extends, in effect, with certain modifications, the
mining claim fee provisions of the Act of October 5, 1992, until
September 30, 1998. These Acts require, unless the claimant qualifies
for an exemption (or waiver), payment of an annual fee of $100 per
mining claim or site located and held on the public lands pursuant to
the General Mining Law of 1872. The Act also establishes a new location
fee of $25 for each new mining claim or site located on public lands on
or after August 11, 1993, and before September 30, 1998, which is
required to be paid at the time of recording of the mining claim or
site with the Bureau of Land Management (BLM) under section 314(b) of
the Federal Land Policy and Management Act of 1976 (FLPMA) and the
regulations in 43 CFR 3833. It also implements the new location and
recording requirements for mining claims located on Stockraising
Homestead Act lands required by the Act of April 16, 1993 (107 Stat.
60).
It removes obsolete or expired provisions, and consolidates
provisions that are still in force and effect, in the regulations
concerning location and entry of mining claims and sites on coal
bearing lands, on the National Park System units, the King Range
Conservation Area, and Indian reservations.
DATES: Comments should be submitted by June 10, 1994. Comments received
or postmarked after this date may not be considered in the decision
making process on the issuance of the final rule.
ADDRESSES: Comments should be submitted to: Director (140), Bureau of
Land Management, room 5555 MIB, 1849 C Street NW., Washington, DC
20240. Comments will be available for public review in room 5555 of the
above address during regular business hours (7:45 a.m. to 4:15 p.m.),
Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Frank Bruno, (202) 452-0350, or Roger
Haskins, (702) 785-6576.
SUPPLEMENTARY INFORMATION:
1. Maintenance and Location Fees
Most of this rule is devoted to amending the regulations (43 CFR
parts 3730, 3820, 3830, and 3850) previously published in the Federal
Register on July 15, 1993 (58 FR 38186), and corrected on August 3,
1993 (58 FR 41184). That rule implemented the Act of October 5, 1992
(106 Stat. 1374), which required a $100 rental fee per mining claim or
site for the 1993 and 1994 assessment years, with payment due for both
assessment years by August 31, 1993. The law exempted claimants who
owned 10 or fewer mining claims and sites and met other criteria. The
1993 Act extended the $100 per claim or site fee to September 30, 1998,
making it an annual payment of $100 due on each August 31st, to hold
the claim or site for the upcoming assessment year. The name of the fee
was changed in the Act from ``rental fee'' to ``maintenance fee.'' A
new fee of $25, called a location fee, is required under section 10102
of the Act. It is a one-time fee to be paid to BLM at the time the new
mining claim or site is recorded. The Act allows a waiver from the
maintenance fee for claimants who own 10 or fewer mining claims and
sites, for certain mining claims and sites undergoing reclamation, and
for several other situations. Numerous specific provisions in the
regulations on mining would be amended to reflect the new terminology
and the requirements of the 1993 Act. These include provisions relating
to filing claims on O. and C. (revested Oregon and California Railroad
and Reconveyed Coos Bay Wagon Road Grant) Lands in subpart 3821.
On April 16, 1993, Public Law 103-23 (107 Stat. 60) was enacted,
requiring new procedures and filings for claimants locating and
operating mining claims on lands patented under the Stockraising
Homestead Act of 1916 (SRHA, 43 U.S.C. 299). Effective October 13,
1993, prior to locating a mining claim on such lands, a claimant is
required to file with the Secretary of the Interior a notice of intent
to locate a mining claim and to notify the surface owner of such notice
of intent. SRHA lands may not be entered for the location of a mining
claim until 30 days after the surface owner has received notice of the
filing of such notice of intent to locate. Filing of the notice of
intent with BLM also has the effect of segregating the land sought for
90 days from all other land and mineral entry by anyone else. Filing of
a Plan of Operations (now required by the SRHA) extends the segregation
until the Plan is approved or denied by the BLM District Office.
A section-by-section discussion of the amendments to implement
these statutory changes follows. Other changes would be made in certain
sections for purposes of updating and clarifying the regulations.
Subpart 3730--Public Law 359; Mining in Power Site Withdrawals:
General. The sections on authorities (Sec. 3730.0-3) and information
collection (Sec. 3730.0-9) would be amended to add references to the
Act of August 10, 1993 (107 Stat. 312). The section on Purpose
(Sec. 3730.0-1) would also be amended to refer to lands included under
the O. and C. Act, and would be subdivided for clarity.
Subpart 3734--Location and Assessment Work. Section 3734.1 of this
subpart, which requires the owner of a claim to file notice of location
and assessment work, would be amended at paragraphs (a) and (c) to
provide for the maintenance fee required by the Act.
Subpart 3833--Recordation of Mining Claims, Mill Sites, and Tunnel
Sites; Payment of Service Charges, Rental, Maintenance, and Location
Fees. This subpart, including its title, would be amended to reflect
the addition of maintenance and location fees required by the Act.
Various sections would be amended as follows:
Section 3833.0-1 Purpose. Paragraph (c) of this section would be
amended to add as a purpose the implementation of the annual
maintenance fee established by the Act.
Section 3833.0-3 Authority. Paragraphs (e) and (f) of this section
would be amended by adding the Act to the rental fee authority. A new
paragraph (g) would be added to implement the mining claim entry and
location amendments to the Stockraising Homestead Act of 1916 enacted
by Public Law 103-23, 107 Stat. 60. The new paragraph cross-references
part 3814, which has not yet been amended to reflect the Act of April
16, 1993, as of this publication. However, BLM is preparing a proposed
rule that would amend part 3814 for this purpose. A new paragraph (h)
would be added to refer to the Soldier's and Sailor's Relief Act of
1940 (50 U.S.C. Appendix 565), which excuses active duty military
personnel from performance of assessment work.
Section 3833.0-5 Definitions. The definitions section would be
amended by revising the definitions of ``owner,'' ``proper BLM
office,'' ``file or filed,'' ``filing year,'' ``rental fee,'' and
``small miner,'' and adding definitions of ``maintenance fee,''
``location fee,'' ``related party,'' and ``control,'' new terms
introduced in the Act. Also added are definitions of ``forfeiture,''
``returnable,'' and ``refundable.'' The rule would define
``forfeiture'' as it pertains to mining claims or sites under section
314 of FLPMA, and the acts of October 5, 1992, and August 10, 1993. The
U.S. Supreme Court, in United States v. Locke, 471 U.S. 84 (1985),
determined that the term ``abandonment'' as used in FLPMA was
equivalent to ``forfeiture.''
The definition of ``owner'' would be amended to make it clear that
ownership of a mining claim is determined by State and Federal law, and
that the owner's current address of record is required to be stated on
all instruments recorded or filed with the BLM under this subpart.
The definition of ``proper BLM office'' would be amended to add the
Northern District Offices Records and Public Information Unit in
Fairbanks, Alaska, as a proper recording office for mining claim
instruments in Alaska, in addition to the office in Anchorage.
The definition of ``file or filed'' would be amended to apply the
postmark rule to rental and maintenance fees, to the filing of waiver
statements by qualified small miners, and new locations or certificates
of location.
The definition of ``filing year'' would be amended by substituting
the term ``filing period,'' and divided to define the filing dates for
fees or exemptions under the Act.
The definition of ``rental fee'' would be amended to remove
language pertaining to the rental fee required by the Act of October 5,
1992, which is no longer necessary.
The definition of ``nonrefundable'' would be removed, and a new
section 3833.1-8 would be added to the regulations providing for the
refund of maintenance and location fees as well as rental fees under
certain circumstances, in order to conform to the Act, and further
clarifying under what conditions a refund may be obtained.
Section 3833.0-9 Information collection. This section would be
amended to add the Acts of April 16, 1993, and August 10, 1993, to the
authorities.
Section 3833.1-2 Recordation of mining claims, mill sites, and
tunnel sites located after October 21, 1976. This section would be
amended by adding a new paragraph (c) to explain the requirements of
the Act of April 16, 1993 (107 Stat. 60), which amended the SRHA as it
pertains to the location of mining claims. The Act of April 16, 1993,
places additional requirements for approval of mineral operations on
Stockraising Homestead lands and for additional bonding to protect the
surface owner from the effects of mining operations. These additional
requirements will be covered by another proposed rule to amend 43 CFR
subpart 3814.
Section 3833.1-3 Service charges, rental fees, maintenance fees,
and location fees; form of remittance and acceptance. This section is
amended to add the maintenance and location fees, and restructured to
clarify the payment-for-services policy with respect to mining claim
documents, filings, and fees.
Section 3833.1-4 Service charges and location fees. This section
is amended to add the maintenance and location fees into the
appropriate paragraphs, and is reorganized for clarity.
Section 3833.1-5 Rental fees and maintenance fees. This section is
amended to add the maintenance fees to the existing rental fees, and to
state when and under what circumstances each is due and payable. A new
paragraph (g) is added to allow an exempted mining claim, if
transferred to a party not entitled to a waiver, to have the rental or
maintenance fee otherwise owed on the mining claim paid by the
transferee at the time of recording the transfer pursuant to 3833.3 of
this title. A new paragraph (h) is added to implement section 10105(c)
of the Act of August 10, 1993. This section of the Act requires that
the maintenance fee and location fee be adjusted every five years, or
allows adjustments to be made sooner if the Secretary deems it
reasonable, based upon any changes in the Consumer Price Index. Notice
of any change is required to be given by July 1st of any year, with the
new fee due by August 31st of that same year. A new paragraph (i) is
added to state that the $100 annual maintenance fee applies to all mill
and tunnel sites, and that a waiver of payment of the fee for mill and
tunnel sites may be obtained under special circumstances.
Section 3833.1-6 Maintenance fee waiver qualifications under the
Act of August 10, 1993--Applicable from 12 O'clock noon on September 1,
1993, until 12 O'clock noon September 1, 1998. This section would be
retitled and revised to identify the conditions under which a waiver of
payment of the maintenance fees under the Act may be obtained.
Section 3833.1-7 Filing requirements for maintenance fee
exemptions (waivers). This section would be revised to identify the
documents required and deadlines for applying for a waiver of payment
of the maintenance fees under the Act. This provision operates in
advance of each upcoming assessment year. The assessment work performed
during a given assessment year, certified to under this section, holds
the mining claim for the next assessment year without payment of the
maintenance fee. For those claimants who do not pay the required claim
maintenance fee and who instead seek a waiver from such payment
requirement, the failure to file a certified statement by each August
31 certifying that the assessment work was done for the assessment year
just ending will cause the mining claim to be forfeited under the Act.
In addition, failure to file affidavits of annual assessment work on or
before December 30 of the year in which the small miner certification
was made will cause the mining claim to be forfeited under the Federal
Land Policy and Management Act. (For example, a certification filed by
a qualified claimant on August 31, 1994, certifies performance of
assessment work for the assessment year that began at noon on September
1, 1993. This allows a waiver of payment of the maintenance fee due on
August 31, 1994, to hold the claim for the assessment year beginning at
noon on September 1, 1994. However, if the affidavit of labor is not
filed by December 30, 1994, for the work done for the assessment year
beginning at noon September 1, 1993, the claims are deemed abandoned
and void and are forfeited. This process begins again with the next
certification deadline of August 31, 1995).
Section 3833.1-8 Refundability of service charges, location fees,
rental and maintenance fees. This section, which would be moved from
Sec. 3833.0-5(v) in the current regulations, would be amended to
reference location and maintenance fees, allow refunds of service fees
in certain circumstances, allow for refunds of duplicate payments, and
allow for refunds in any other situation in which a payment is made for
a mining claim that was void by operation of law at the time the
payment was made. Also added is a provision that voluntary actions are
not considered a reason for a refund.
Section 3833.2-3 Consistency between the Federal Land Policy and
Management Act, the General Mining Law of May 10, 1872, the Act of
October 5, 1992, and the Act of August 10, 1993. The section title
would be revised to add the Act of August 10, 1993, and paragraphs (d)
and (e) would be amended to reflect the new dates in 1999 when
assessment work is required to be resumed when the Act expires.
Section 3833.2-6 When evidence or notice is not required. This
section would be amended to add the conditions contained in the Act.
Section 3833.3 Notice of transfer of interest. Paragraph (c) would
be amended to state clearly when a transfer of interest becomes
effective on the title records of BLM.
Section 3833.4 Failure to file, or to pay rental, maintenance
fees, or location fees. The section title would be revised by adding
maintenance and location fees. Paragraph (a) would be amended by adding
the conditions of the Act. The amendment in this paragraph would not
allow claimants who do not qualify for a small miner waiver to claim a
waiver on only ten or fewer claims. This provision does not cause an
automatic relinquishment of a claimant's mining claims or sites that
are over the ten-claim limit for small miner waivers. Paragraph (b)
would be amended by correcting cross-references. A new paragraph (c)
would be added to explain the Bureau's policy on the effect of failure
by a purchaser or transferee of a mining claim or site to record the
new ownership interest with the BLM.
Subpart 3851--Assessment Work: General. This subpart also would be
amended to implement the statutory changes contained in the Act. A
discussion of the sections to be affected and the changes to be made
follows:
Section 3851.3 Effect of failure to perform assessment work.
Paragraph (c) of this section would be amended to state that the Act
suspends and supersedes the requirements to perform assessment work.
Section 3851.4 Failure of a co-owner to contribute to annual
assessment work or to the payment of rental or maintenance fees. The
section title would be amended by adding maintenance fees. The existing
section is divided into new paragraphs (a) and (b) and the failure to
pay the maintenance fee is added as another ground for action against a
delinquent co-owner. A new paragraph (c) would be added to identify the
action required of co-owners who have met the publication requirements
of Sec. 3851.4 to terminate the interest of a delinquent co-owner, and
would like the BLM record title to the mining claim corrected. A new
paragraph (d) would be added to refer to the Soldier's and Sailor's
Relief Act and the fact that pursuant to that Act, an active duty
military person may not be so ``published out'' for failure to
contribute as long as he or she is on active duty and has complied with
Sec. 3851.6.
Section 3851.5 Assessment work not required after allowance of
mineral entry. This section would be amended to reflect the effects of
the Act on claims for which mineral patent applications have been
filed. After the first half of the mineral entry final certificate has
been issued by the Secretary of the Interior confirming the mineral
entry, there is no longer a requirement to perform assessment work, and
no requirement to pay the rental or maintenance fees.
New Sec. 3851.6 Assessment work not required for active duty
military personnel. This new section would be added to explain how an
active duty military person may apply for and receive an exemption from
the performance of assessment work and payment of maintenance fees
under the Soldier's and Sailor's Relief Act.
Subpart 3852--Deferment of Assessment Work. This subpart would be
amended for purposes of updating and clarification. Amendments would
occur in the following sections.
Section 3852.0-3 Authority.
Section 3852.2 Filing of Petition for deferment, contents. The
first two sentences of paragraph (a) would be revised to state clearly
the filing requirements for a deferment of assessment work.
Section 3852.3 Notice of action on petition to be recorded. This
section would be amended to state more clearly the recording
requirements for a petitioner, once the BLM authorized officer has
ruled on the merits of the petition for deferment of assessment work.
2. Removal of Obsolete Provisions and General Streamlining of
Mining Law Regulations
Parts 3720, 3800, 3810 and 3820 of title 43, Code of Federal
Regulations have subparts and sections that are no longer in effect or
no longer operative due to the repeal of the statutes upon which they
are based or the transfer of the regulatory authority to another
Interior agency that has promulgated new rules to replace the current
rules. The proposed rule would reflect these changes. Subpart 3827 is
consolidated into subpart 3809, as the two sets of surface management
regulations are duplicative.
Part 3720--Public Law 357; Entry and Location of Source Materials
upon Public Lands Valuable for Coal; Subpart 3722--Report to Geological
Survey. Existing part 3720 and subpart 3722 of this title are based
upon Section 1 of the Act of August 11, 1955 (30 U.S.C. 541),
concerning payment by mining claimants to the United States for the
value of lignite coal mined and removed in the development of mines for
source materials (uranium, thorium, and other radioactive minerals). As
further provided by section 10 of the Act of August 11, 1955 (30 U.S.C.
541i), this provision expired on August 11, 1975, and all mining claims
located upon coal-bearing lands under this Act terminated by operation
of law unless patent had been applied for prior to August 11, 1975. All
coal lands were removed from mineral location and entry as of August
11, 1975. Therefore, part 3720, including subpart 3722, would be
removed in its entirety and the part number reserved for future use.
Subpart 3809--Surface Management. This subpart would be amended to
add the statute designating the King Range Conservation Area to the
authorities section, to define the term in the definitions section, and
to include the King Range in Sec. 3809.1-4(b) as an area requiring a
mandatory plan of operations for all activities exceeding casual use.
The authorities section will also be amended to include the Act of
April 16, 1993, for Stockraising Homestead Act lands.
Subpart 3811--Lands Subject to Location and Purchase. Three
sections in this subpart are no longer necessary and would be revised
or removed. Section 3811.2-2 relates to lands in National Parks and
National Monuments. The Mining in the Parks Act (16 U.S.C. 1901 et
seq.), effectively closed all National Parks and Monuments to any
further mining claim location or mineral entry. After September 28,
1976, no mining claims could be located in any unit of the National
Park System. The existing language of Sec. 3811.2-2, which provides
that certain National Parks and Monuments are open to mining claim
location, no longer serves any purpose. Regulations governing access to
existing mining claims on National Parks and Monuments, and operations
thereon, were published by the National Park Service in 1977, and are
now codified at 36 CFR part 9. Section 3811.2-2 would be revised to
state simply that no units of the National Park System are open to the
location of mining claims under the General Mining Law of 1872, as
amended.
Section 3811.2-3 Lands in Indian reservations. This section would
be revised to state that all Indian reservations are closed to the
location of mining claims and to entry under the General Mining Law of
1872, as amended. The Papago Indian Reservation in Arizona (now called
the To Ho No O'odham Reservation) was open to mining claim location and
entry from June 18, 1934, until May 27, 1955, pursuant to the Act of
June 18, 1934 (25 U.S.C. 461-479, as amended). Since May 27, 1955, this
reservation has been closed to mining claim location, pursuant to the
Act of May 27, 1955 (25 U.S.C. 463). All minerals on lands in Indian
reservations may be acquired only by lease pursuant to the Act of May
11, 1938 (25 U.S.C. 396a), the Act of March 3, 1909 (25 U.S.C. 396), or
the Indian Mineral Development Act of 1982, 25 U.S.C. 2101 et seq. The
regulations governing such mineral leasing is found in subchapter I,
title 25, Code of Federal Regulations.
Section 3811.2-8 Lands under Alaska Public Sale Act. The Alaska
Public Sale Act (48 U.S.C. 364a-364e) was repealed effective October
21, 1986, by Section 703(a) of FLPMA (43 U.S.C. 1701). Accordingly,
Sec. 3811.2-8 would be removed in this proposed rule.
Section 3821.0-3 Authority. This section is amended to add the Act
of August 10, 1993, as one of the authorities for the regulations in
part 3820.
Section 3821.2 Requirements for filing notices of locations of
claims; descriptions. This section is amended to add maintenance,
location, and service fees as fees payable under part 3820 when
locating a claim. A further change states that the location notice or
amendment is required to indicate the applicable acts under which the
claim is filed.
Section 3821.3 Requirement for filing statements of assessment
work. This section is amended to add the maintenance fee as a fee
payable when complying with annual requirements under part 3820.
Subpart 3826--National Park Service Areas. This subpart was also
rendered inoperative by the Act of September 28, 1976 (16 U.S.C. 1901
et seq.), which closed and withdrew from all forms of mineral entry and
appropriation all lands and units of the National Park System. The
authority for administering the mining claims and sites located within
the units prior to September 28, 1976, has been transferred to the
National Park Service. Access to and operations upon mining claims and
sites located within the units of the National Park System are now
governed by 36 CFR part 9, and subpart 3826 would be removed in this
rule.
Subpart 3827--King Range National Conservation Area. This subpart
will be removed because it is duplicated in subpart 3809. It became
effective in April 1976 to implement the surface management
requirements of the Act of October 21, 1970 (84 Stat. 1070), which
established the King Range National Conservation Area. Section 5 of
that Act required that all activities occurring pursuant to the General
Mining Law of 1872 (30 U.S.C. 22 et seq.) be managed to prevent
environmental damage and provide for reclamation. Subsequent to the
April 1976 rule, on October 21, 1976, FLPMA was enacted. Section 302(b)
of that Act required that all public lands be managed to prevent undue
or unnecessary degradation from activities on them, including
activities under the General Mining Law of 1872. Section 602 of FLPMA
expanded the boundaries of the King Range Conservation Area.
Subsequently, regulations were promulgated at 43 CFR subpart 3809 in
November 1980 regulating all mining activities on public lands under
the administration of the Bureau. These regulations in subpart 3809
duplicate subpart 3827 in form, content, and requirements. Therefore,
the regulations in subpart 3827 would be merged with subpart 3809, and
subpart 3809 would be amended to include the King Range Conservation
Area, under the same criteria as currently apply to the California
Desert Conservation Area. Since enactment of FLPMA, the BLM has
received no Plans of Operations for mining in the King Range
Conservation Area lands.
It has been determined that this proposed rule does not constitute
a major Federal action significantly affecting the quality of the human
environment, and that no detailed statement pursuant to section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) is required. The BLM has determined that this rule is
categorically excluded from further environmental review pursuant to
516 Departmental Manual, Chapter 2, Appendix 1, Item 1.10, and that the
rule will not significantly affect the 10 criteria for exceptions
listed in 516 DM 2, Appendix 2. Pursuant to the Council on
Environmental Quality regulations (40 CFR 1508.4) and environmental
policies and procedures of the Department of the Interior,
``categorical exclusions'' means a category of actions that do not
individually or cumulatively have a significant effect on the human
environment and that have been found to have no such effect in
procedures adopted by a Federal agency and for which neither an
environmental assessment nor an environmental impact statement is
required.
This rule has been reviewed under Executive Order 12866.
The Department also certifies that this document will not have a
significant economic effect on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The fee
may represent an economic consideration for a small, marginal operation
that does not qualify for an exemption under the rule. However, most
small operations would qualify. A small entity that holds a valuable
mining claim will not be deterred by the annual fee, and many of them
will qualify for an exemption. Most marginal claims were already
abandoned in 1993 upon promulgation of the regulations implementing the
Act of October 5, 1992.
As required by Executive Order 12630, the Department of the
Interior has determined that the rule would not cause a taking of
private property. The requirement that a modest fee be paid to hold or
maintain an existing unpatented mining claim, mill or tunnel site
constitutes a reasonable regulatory burden, and it will have no effect
on a claimant's possessory interest in or enjoyment of his or her claim
or site as long as he or she complies with the requirement.
The Department has certified to the Office of Management and Budget
that these regulations meet the applicable standards provided in
sections 2(a) and 2(b)(2) of Executive Order 12778.
The provisions for collection of information contained at 43 CFR
parts 3730, 3820, 3830, and 3850, and subpart 3809 have previously been
approved by the Office of Management and Budget and assigned clearance
numbers 1004-0104, 1004-0110, and 1004-0114. Information collections
for parts 3730, 3820, 3830, and 3850 were consolidated under clearance
number 1004-0114 in the July 15, 1993 rulemaking (58 FR 38186). As this
rulemaking removes obsolete or inoperative sections of title 43, Code
of Federal Regulations, and extends the previously enacted Act of
October 5, 1992, and implementing regulations published on July 15,
1993, this rule does not contain information collection requirements
that require approval by the Office of Management and Budget under 44
U.S.C. 3501 et seq.
List of Subjects
43 CFR Part 3720
Coal, Mineral royalties, Mines, Public lands--mineral resources.
43 CFR Part 3730
Administrative practice and procedure, Mines, Public lands--mineral
resources, Reporting and recordkeeping requirements, Surety bonds.
43 CFR Part 3800
Administrative practice and procedure, Environmental protection,
Intergovernmental relations, Mines, Public lands--mineral resources,
Reporting and recordkeeping requirements, Surety bonds, Wilderness
areas.
43 CFR Part 3810
Mines, Public lands--mineral resources, Reporting and recordkeeping
requirements.
43 CFR Part 3820
Mines, Monuments and memorials, National forests, National parks,
Public lands--mineral resources, Reporting and recordkeeping
requirements, Surety bonds, Wilderness areas.
43 CFR 3830
Mineral royalties, Fees, Mines, Public lands--mineral resources,
Reporting and recordkeeping requirements.
43 CFR 3850
Assessment work, Mines, Public lands--mineral resources, Reporting
and recordkeeping requirements.
Under the authority of sections 441 and 2478 of the Revised
Statutes, as amended, (43 U.S.C. 1457 and 1201); section 2319 of the
Revised Statutes, as amended (30 U.S.C. 22); sections 310 and 703(a) of
the Federal Land Policy and Management Act of 1976, as amended (43
U.S.C. 1701 and 1740); and the acts October 5, 1992 (106 Stat. 1374),
April 16, 1993 (107 Stat. 60), and August 10, 1993 (107 Stat. 312);
parts 1820, 3730, 3820, 3830, and 3850, and subpart 3809, Groups 1800,
3700 and 3800, subchapters A and C, chapter II of title 43 of the Code
of Federal Regulations are proposed to be amended as follows:
PART 3720--PUBLIC LAW 357; ENTRY AND LOCATION OF SOURCE MATERIALS
UPON PUBLIC LANDS VALUABLE FOR COAL
1. Part 3720 is removed and reserved.
PART 3730--PUBLIC LAW 359; MINING IN POWERSITE WITHDRAWALS: GENERAL
2. The authority citation for part 3730 is revised to read as
follows:
Authority: 69 Stat. 681, 30 U.S.C. 621-625; 43 U.S.C. 1701 et
seq.; 106 Stat. 1374, 1378-1379; Public Law 103-66, title X,
subtitle B, secs. 10101-10106, of the Act of August 10, 1993 (107
Stat. 312).
Subpart 3730--Public Law 359; Mining in Power Site Withdrawals:
General
3. Section 3730.0-1 is revised to read as follows:
Sec. 3730.0-1 Purpose; lands open.
(a) The purpose of the Mining Claims Rights Restoration Act of
August 11, 1955 (Act), is to permit the mining, development, and
utilization of the mineral resources of all public lands withdrawn or
reserved for power development and other purposes, except for lands
that:
(1) Are included in any project operating or being constructed
under a license or permit issued under the Federal Power Act or other
Act of Congress, or
(2) Are under examination and survey by a prospective licensee of
the Federal Energy Regulatory Commission under an uncancelled
preliminary permit which has not been renewed more than once.
(b) Locations made under the Act on lands withdrawn or reserved for
power development within the revested Oregon and California Railroad
and reconveyed Coos Bay Wagon grant are also subject to the provisions
of the Act of April 8, 1948 (62 Stat. 162). See subpart 3821 of this
title.
4. Section 3730.0-3 is revised to read as follows:
Sec. 3730.0-3 Authority.
The authorities for the regulations in this part are the Act of
August 11, 1955 (30 U.S.C. 621-625); section 314 of the Act of October
21, 1976 (43 U.S.C. 1744); Public Law 102-381, October 5, 1992 (106
Stat. 1374, 1378-79); and Public Law 103-66 (sections 10101-10106),
August 10, 1993 (107 Stat. 312).
5. Section 3730.0-9 is amended by revising paragraph (a) to read as
follows:
Sec. 3730.0-9 Information collection.
(a) The collections of information contained in subpart 3730 have
been approved by the office of Management and Budget under 44 U.S.C.
3501 et seq. and assigned clearance number 1004-0110 and subsequently
consolidated with 1004-0114. The information will enable the authorized
officer to determine whether a mining claimant is qualified to hold a
mining claim or site for the exploration, development, and utilization
of minerals on all public lands that are withdrawn for power
development. A response is required to obtain a benefit in accordance
with the Act of August 11, 1955 (30 U.S.C. 621-625), Section 314 of the
Federal Land Policy and Management Act of 1976, as amended (43 U.S.C.
1744), the Act of October 5, 1992 (Pub. L. 102-381, 106 Stat. 1374,
1378-79), and the Act of August 10, 1993 (Pub. L. 103-66, 107 Stat.
312).
* * * * *
Subpart 3734--Location and Assessment Work
6. Section 3734.1 is amended by revising paragraphs (a) and (c) to
read as follows:
Sec. 3734.1 Owner of claim to file notice of location and assessment
work.
(a) The owner of any unpatented mining claim, mill site, or tunnel
site located on land described in Sec. 3730.0-1 (a) and (b), shall file
all notices or certificates of location, amended notices or
certificates, and transfers of interest, with the proper State Office
of the Bureau of Land Management pursuant to Secs. 3833.1, 3833.3,
3833.4, and 3833.5 of this title, and pay the applicable rental,
maintenance, location, and service fees required by subpart 3833 of
this title. The notice, certificate, transfer, or amendment thereto
shall be marked by the owner to indicate that it is being filed
pursuant to the Act of August 11, 1955, the Act of April 8, 1948, or
both, as required by Sec. 3833.5(c). Failure to so mark the location
certificate will delay the procedures to authorize mining under subpart
3736.
* * * * *
(c) The owner of any unpatented mining claim, mill site, or tunnel
site located on land described in Sec. 3730.0-1 shall perform and
record annual assessment work if he or she qualifies as a small miner
under Sec. 3833.0-5(u) of this title or pay an annual maintenance fee
of $100 per unpatented mining claim, mill site, or tunnel site in lieu
of the annual assessment work or Notice of Intent to Hold, pursuant to
subpart 3833 of this title.
PART 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS
7. The authority citation for part 3800 is revised to read as
follows:
Authority: 16 U.S.C. 447; 16 U.S.C. 347-354; 16 U.S.C. 460y et
seq.; 16 U.S.C. 473, 478-482; 16 U.S.C. 1901, 1907; 30 U.S.C. 22 et
seq.; 30 U.S.C. 122, 161, 162; 30 U.S.C. 242; 31 U.S.C. 9701; 43
U.S.C. 2; 43 U.S.C. 154; 43 U.S.C. 299, 300; 43 U.S.C. 1201; 43
U.S.C. 1474; 43 U.S.C. 1701 et seq.; 50 U.S.C. Appendix 565; 62
Stat. 162; 100 Stat. 3457-3468; 106 Stat. 1374, 1378-1379; 107 Stat.
60; and 107 Stat. 312.
Subpart 3809--Surface Management
8. Section 3809.0-3 is amended by adding new paragraph (e) to read
as follows:
Sec. 3809.0-3 Authority.
* * * *
(e) The Act of October 21, 1970 (16 U.S.C. 460y et seq.), as
amended by section 602 of the Federal Land Policy and Management Act of
1976 (16 U.S.C. 460y-8), established the King Range Conservation Area
in California. The Secretary is required under these Acts to manage
activities in this conservation area under the General Mining Law of
1872 in such a manner as to protect the scenic, scientific, and
environmental values against undue impairment, and ensure against
pollution of streams and waters.
9. Section 3809.5 is amended by adding new paragraph (l) to read as
follows:
Sec. 3809.0-5 Definitions.
* * * *
(l) King Range Conservation Area means the area designated pursuant
to the Act of October 21, 1970 (16 U.S.C. 460y et seq.), as amended by
section 602 of the Federal Land Policy and Management Act of 1976 (16
U.S.C. 460y-8).
10. Section 3809.1-4 is amended by adding new paragraph (b)(6) to
read as follows:
Sec. 3809.1-4 Plan of operations: When required.
* * * * *
(b) * * *
(6) The area designated as the King Range Conservation Area
pursuant to 16 U.S.C. 460y et seq., as amended by section 602 of the
Federal Land Policy and Management Act of 1976.
* * * * *
PART 3810--LANDS AND MINERALS SUBJECT TO LOCATION
Subpart 3811--Lands Subject to Location and Purchase
11. Section 3811.2-2 is revised to read as follows:
Sec. 3811.2-2 Lands in national parks and monuments.
The Mining in the Parks Act (16 U.S.C. 1901 et seq.), effectively
withdrew all National Parks and Monuments from location and entry under
the General Mining Law of 1872, as amended. Since September 28, 1976,
all National Parks and Monuments and other units of the National Park
System have been closed to the location of mining claims and sites
under the General Mining Law of 1872, as amended. Valid existing rights
are recognized, but access and permission to operate mining claims and
sites within units of the National Park System are now governed by 36
CFR part 9.
12. Section 3811.2-3 is revised to read as follows:
Sec. 3811.2-3 Lands in Indian reservations.
All lands contained within the boundaries of an established Indian
Reservation are withdrawn from all location, entry, and appropriation
under the General Mining Law of 1872, as amended. All minerals on
Indian Reservations may only be acquired by lease pursuant to the Act
of May 11, 1938 (25 U.S.C. 396a), the Act of March 3, 1909 (25 U.S.C.
396), or the Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et
seq.). The regulations governing the mineral leasing of Indian lands
are found in 25 CFR Subchapter I.
13. Section 3811.2-8 is removed.
PART 3820--AREAS SUBJECT TO SPECIAL MINING LAWS
Subpart 3821--O. and C. Lands
14. Section 3821.0-3 is revised to read as follows:
Sec. 3821.0-3 Authority.
The authorities for the regulations in this subpart are the Act of
April 8, 1948 (62 Stat. 162); section 314 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1744); Public Law 102-381,
October 5, 1992 (106 Stat. 1374, 1378-79); and sections 10101-10106 of
Public Law 103-66, August 10, 1993 (107 Stat. 312).
15. Section 3821.2 is revised to read as follows:
Sec. 3821.2 Requirements for filing notices of locations of claims;
descriptions.
The owner of any unpatented mining claim, mill site, or tunnel site
located on land described in Sec. 3821.1 shall file all notices or
certificates of location, amended notices or certificates, and
transfers of interest in the proper State Office of the Bureau of Land
Management pursuant to Secs. 3833.1, 3833.3, 3833.4, and 3833.5 of this
title and shall pay the applicable rental, maintenance, location, and
service fees required by subpart 3833 of this title. The notice or
certificate of location, or amendment thereto, shall be marked by the
owner as being filed under the Act of April 8, 1948, and, if located on
powersite lands, also the Act of August 11, 1955, as prescribed by
Secs. 3734.1 and 3833.5 of this title.
16. Section 3821.3 is revised to read as follows:
Sec. 3821.3 Requirement for filing statements of assessment work.
The owner of an unpatented mining claim, mill site, or tunnel site
located on O. and C. lands shall perform and record proof of annual
assessment work, or pay an annual rental or maintenance fee of $100 per
unpatented mining claim, mill site, or tunnel site, pursuant to subpart
3833 of this title.
Subpart 3826--National Park Service Areas
Subpart 3826--[Removed & Reserved]
17. Subpart 3826 is removed and reserved.
Subpart 3827--King Range National Conservation Area.
Subpart 3827--[Removed & Reserved]
18. Subpart 3827 is removed and reserved.
PART 3830--LOCATION OF MINING CLAIMS
19. The authority citation for part 3830 is revised to read as
follows:
Authority: 30 U.S.C. 22; 43 U.S.C. 1201; 31 U.S.C. 9701; 16
U.S.C. 1901, 1907; 43 U.S.C. 1740 and 1744; 30 U.S.C. 242; 50 U.S.C.
appendix 565; 106 Stat. 1374, 1378-79; 107 Stat. 60; 107 Stat. 312.
Subpart 3833--Recordation of Mining Claims, Mill Sites, and Tunnel
Sites; Payment of Service Charges, Rental, Maintenance, and
Location Fees
20. Section 3833.0-1 is amended by revising paragraph (c) to read
as follows:
Sec. 3833.0-1 Purpose.
* * * * *
(c) The payment in the same office of an annual rental or
maintenance fee, if required, for each mining claim, mill site, or
tunnel site held by the claimant;
* * * * *
21. Section 3833.0-3 is amended by revising the first sentence of
paragraph (a), revising paragraphs (e) and (f), and adding new
paragraphs (g) and (h) to read as follows:
Sec. 3833.0-3 Authority.
(a) Sections 314(a) and (b) of the Federal Land Policy and
Management Act (43 U.S.C. 1744) require the recordation of unpatented
mining claims, mill sites, and tunnel sites, and the filing of
information concerning annual assessment work performed or a notice of
intention to hold mining claims in the proper BLM office within
specified time periods.* * *
* * * * *
(e) The Act of October 5, 1992 (Pub. L. 102-381, 106 Stat. 1374,
1378-79), and sections 10101-10106 of the Act of August 10, 1993 (Pub.
L. 103-66, 107 Stat. 312), require an annual rental or maintenance fee
of $100 to be paid to the proper State Office of the Bureau of Land
Management for each non-exempt mining claim, mill site, or tunnel site
located or held under section 314(b) of FLPMA for the assessment years
beginning on September 1, 1992, and ending on September 1, 1998. With
certain exceptions provided in Sec. 3833.1-6, this fee is in lieu of
the requirement to perform and record annual assessment work under 30
U.S.C. 28-28e and section 314(a)(1) of FLPMA. Failure to pay the fee
within the time limits prescribed by the Acts of October 5, 1992, and
August 10, 1993, constitutes a statutory abandonment and forfeiture of
the non-exempt mining claim, mill site, or tunnel site. Provisions
relating to rental and maintenance fees and exemptions are contained in
Secs. 3833.0-3(f), 3833.1-5, 3833.1-6, and 3833.1-7.
(f) Section 2511(e)(2) of the Energy Policy Act of 1992 (30 U.S.C.
242) requires oil shale claim holders to pay an annual fee of $550 per
oil shale claim, notwithstanding any other provision of law, including
the Act of October 5, 1992. In addition, the Act of August 10, 1993,
specifically states that the maintenance fee provision shall not apply
to any oil shale claims for which a fee is required to be paid under
section 2511(e)(2) of the Energy Policy Act of 1992. The $550 fee
requirement for oil shale claims remains in effect. The $550 fee is
first payable on or before December 31, 1993, and each December 31st
thereafter.
(g) The Stockraising Homestead Act of December 29, 1916 (SRHA) (43
U.S.C. 299), as amended by the Act of April 16, 1993 (107 Stat. 60),
provides that no person other than the surface owner may locate a
mining claim on SRHA lands after October 13, 1993, until a notice of
intent to locate has been filed with the proper BLM State office and
the surface owner is notified of the filing.
(1)(i) When a notice of intent to locate a mining claim has been
properly filed, no other person may, until 90 days after the date the
notice of intent is filed:
(A) File such a notice with respect to any portions of the lands
covered by the first notice;
(B) Explore for minerals or locate a mining claim on any portion of
such lands; or
(C) File an application to acquire any interest in any portion of
such lands pursuant to section 209 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1719).
(ii) The 90-day exclusive right may be extended by filing a Plan of
Operations pursuant to subpart 3809 of this title. The extension runs
until the BLM has approved or denied the Plan of Operations.
(2) The mining claimant may not enter the lands encompassed by a
notice under the Act of April 16, 1993, until at least 30 days after he
or she has properly notified the surface owner by registered or
certified mail, return receipt requested.
(3) The Act of April 16, 1993, contains numerous other requirements
prerequisite to a claimant engaging in mineral exploration and
development activities on SRHA lands. These requirements are
administered pursuant to subpart 3814 of this title.
(h) The Soldier's and Sailor's Relief Act of 1940 (50 U.S.C.
appendix 565) excuses performance of assessment work by military
personnel while they are on active duty, or within 6 months of their
release from active duty, or during or within 6 months after their
release from any period of hospitalization due to military injuries.
The procedures for obtaining a waiver from the performance of
assessment work may be found in subpart 3851 of this title.
22. Section 3833.0-5 is amended by revising paragraphs (e), (g),
(m), (o), and (t), removing paragraph (v), redesignating existing
paragraph (w) as paragraph (v), and adding paragraphs (w), (x), (y),
(z), (aa), (bb), and (cc) to read as follows:
Sec. 3833.0-5 Definitions.
* * * * *
(e) Owner or claimant means the person who is, under State or
Federal law, the holder of the right to sell or transfer all or any
part of an unpatented mining claim, mill site, or tunnel site. The name
of the owner and his or her current address shall be identified on all
instruments required to be recorded or filed by the regulations in this
subpart.
* * * * *
(g) Proper BLM office means the Bureau of Land Management State
office listed in Sec. 1821.2-1(d) of this title having jurisdiction
over the land in which the claims or sites are located. In Alaska, the
Northern District offices Records and Public Information Unit located
in Fairbanks may also receive and record documents, filings, and fees
for all mining claims, mill sites, and tunnel sites located in the
State of Alaska.
* * * * *
(m) File or filed means being received and date stamped by the
proper BLM office. For purposes of complying with Secs. 3833.1-2,
3833.1-3, 3833.1-5, 3833.1-6, 3833.1-7, or Sec. 3833.2, a filing or fee
is timely if the required affidavit of assessment work or notice of
intention to hold, or rental fee or maintenance fee, or maintenance fee
waiver, is received within the time period prescribed by law, or, if
mailed to the proper BLM office, is contained within an envelope
clearly postmarked by the United States Postal Service within the
period prescribed by law and received by the proper BLM State office
within 15 calendar days subsequent to such period. (See Sec. 1821.2-
2(e) of this title if the last day falls on a day the office is
closed).
* * * * *
(o) Filing period means the time period during which documents and
fees are required to be provided to the proper BLM office. The time
periods set forth in each statute are as follows:
(1) Except for filings and recordings required of a small miner
qualifying for a waiver under Sec. 3833.1-7 of this title, filings
under FLPMA that would have been due on or before December 30, 1993,
and each December 30 thereafter, are waived effective January 1, 1993,
and so long thereafter as the Acts of October 5, 1992, and August 10,
1993, are in effect.
(2) Waivers from payment of maintenance fees and filings under
sections 10101-10106 of the Act of August 10, 1993, shall be submitted
by August 31, 1994, and each August 31 thereafter through and including
August 31, 1998, under the conditions of that Act. See Secs. 3833.1-6
and 3833.1-7.
(3) Rental and maintenance fees required by Sec. 3833.1-5 are to be
submitted to the proper BLM office by August 31, 1994, and each August
31 thereafter through and including August 31, 1998.
* * * * *
(t) Rental fee means the fee required by the Act of October 5, 1992
(Pub. L. 102-381, 106 Stat. 1374, 1378-79), to hold a mining claim,
mill site, or tunnel site for the 1993 and 1994 assessment years or
that was newly located in either of those years.
* * * * *
(w) Maintenance fee means the annual $100 payment required by
section 10101 of the Act of August 10, 1993 (Pub.L. 103-66, 107 Stat.
312), to hold and maintain a mining claim, mill site, or tunnel site.
The maintenance fee is in lieu of the requirements for performing
assessment work under 30 U.S.C. 28-28e and for filing an annual
affidavit of labor or notice of intention to hold with the proper
office of the Bureau of Land Management under 43 U.S.C. 1744(a) and (c)
and Sec. 3833.2. Under certain conditions provided in Sec. 3833.1-6, a
waiver of the payment of the $100 annual fee may be obtained. The
requirement to pay a maintenance fee does not apply to any claim
located after September 29, 1998. The maintenance fee requirements are
governed by Secs. 3833.1-5, 3833.1-6 and 3833.1-7.
(x) Location fee means the one time $25 payment required by section
10102 of the Act of August 10, 1993, for all new mining claims and
sites located upon the public lands on or after August 11, 1993, and
before September 30, 1998. The location fee shall be paid at the time
the mining claim or site is recorded with the proper BLM office.
(y) Related party means, as defined in section 10101(d)(2) of the
Act of August 10, 1993:
(1) The spouse and dependent children of the claimant as defined in
section 152 of the Internal Revenue Code of 1986, or
(2) A person who controls, is controlled by, or is under common
control with the claimant.
(z) Control means, as defined in section 10101(d)(2) of the Act of
August 10, 1993, actual control, legal control, and the power to
exercise control, through or by common directors, officers,
stockholders, a voting trust, or a holding company or investment
company, or any other means.
(aa) Forfeiture means an act or failure to act that results in an
unpatented mining claim, mill, or tunnel site being deemed to be either
abandoned and void or null and void by operation of applicable law.
(bb) Returnable means that a check or negotiable instrument,
including a valid credit card order, is received by the authorized
officer but not yet processed through the accounting system of the
Bureau of Land Management, and can be returned to the originator
without processing of a refund check through the United States Treasury
pursuant to Sec. 3833.1-8.
(cc) Refundable means that a check or negotiable instrument,
including a valid credit card order, has been processed through the
accounting system of the Bureau of Land Management, and cannot be
returned to the originator without the processing of a refund check
through the United States Treasury pursuant to Sec. 3833.1-8.
23. Section 3833.0-9 is amended by revising paragraph (a) to read
as follows:
Sec. 3833.0-9 Information collection.
(a) The collections of information contained in subpart 3833 have
been approved by the Office of Management and Budget under 44 U.S.C.
3501 et seq. and assigned clearance number 1004-0114. The information
will be used to enable BLM to record mining claims, mill sites, and
tunnel sites; to maintain ownership records to those claims and sites;
to determine the geographic location of the claims and sites recorded
for proper land management purposes; and to determine which claims and
sites their owner(s) wish to continue to hold under applicable Federal
statute. A response is required to obtain a benefit in accordance with
section 314 of FLPMA, as amended, the Act of October 5, 1992 (Pub. L.
102-381, 106 Stat. 1374, 1378-79), the Act of April 16, 1993 (Pub. L.
103-23, 107 Stat. 60), and the Act of August 10, 1993 (Pub. L. 103-66,
107 Stat. 312).
* * * * *
24. Section 3833.1-2 is amended by adding paragraph (c) to read as
follows:
Sec. 3833.1-2 Recordation of mining claims, mill sites, and tunnel
sites located after October 21, 1976.
* * * * *
(c)(1) Beginning on October 13, 1993, mining claims cannot be
located on lands patented under the Stockraising Homestead Act of 1916,
as amended by the Act of April 16, 1993 (1707 Stat 60); until the
claimant has first filed a notice of intent to locate with the proper
BLM State Office and has served a copy of the notice upon the surface
owner(s) of record, by registered or certified mail, return receipt
requested.
(2) The claimant shall wait 30 days after such service before
entering the lands to locate any mining claims on the Stockraising
Homestead Act lands.
(3) The authorized officer will refuse to record any mining claim
located on lands patented under the Stockraising Homestead Act, as
amended, unless the claimant has complied with the requirements of this
section, and such refused recording will be returned to the claimant
without further action.
(4) The surface owner of land patented under the Stock-raising
Homestead Act, as amended, is exempt from the requirements of this
section.
(5) All mining claimants who have located mining claims on
Stockraising Homestead lands are subject to the requirements of the Act
of April 16, 1993. These additional requirements are found in subpart
3814 of this title.
25. Section 3833.1-3 is revised to read as follows:
Sec. 3833.1-3 Service charges, rental fees, maintenance fees, and
location fees; form of remittance and acceptance.
(a) Payment and acceptance policy. All service charges, rental
fees, maintenance fees, and location fees shall be payable by United
States currency, postal money order, or negotiable instrument payable
in United States currency and shall be made payable to the Department
of the Interior--Bureau of Land Management, or by a valid credit card
acceptable to the Bureau of Land Management. A check or negotiable
instrument, including credit cards submitted for payment of charges
and/or fees, for which payment is not honored by the issuing authority,
and such refusal is not an error of the issuing authority, shall be
deemed to be a nonpayment of the charges or fees for which the check or
negotiable instrument, including a credit card order, was tendered. See
Sec. 3833.1-4(f) and (g) for payments made by credit cards or from
Declining Deposit Accounts.
(b) Recordation of new mining claims, mill sites, or tunnel sites
with the Bureau of Land Management. (1) New location notices or
certificates submitted for recording pursuant to Sec. 3833.1-2 that are
not accompanied by full payment of the maintenance and location fees
required by Sec. 3833.1-4 or 3833.1-5 shall not be accepted and the
submittal will be returned without further action by the authorized
officer. The claimant may resubmit the filings with the proper payment
of service charges and fees within the same 90 day filing period
referred to in Sec. 3833.1-2(a).
(2) Failure to provide full payment of service charges set forth in
Sec. 3833.1-4 will be curable for new location notices or certificates
submitted for recording pursuant to Sec. 3833.1-2 when the proper
maintenance and location fees have been submitted. Such documents shall
be noted as being recorded on the date received provided that the
claimant submits the proper service charge within 30 days of receipt of
a deficiency notice that will be sent by the authorized officer. The
claimant may resubmit the notices or certificates of location with the
proper payment of service charges and fees within the same 90-day
filing period referred to in Sec. 3833.1-2(a). Failure to submit the
proper service charge as provided in this paragraph will cause the new
location notices or certificates to be rejected and returned to the
claimant/owner.
(c) Mining claims, mill sites, and tunnel sites recorded and
serialized by the Bureau of Land Management. (1) Failure to provide
full payment of service charges set forth in Sec. 3833.1-4 will be
curable for documents and filings made pursuant to Secs. 3833.2 and
3833.3 and amended locations filed under Sec. 3833.1. Such documents
and filings will be noted as being recorded on the date initially
received provided that the claimant submits the proper service charge
within 30 days of receipt of a deficiency notice from the authorized
officer. Failure to submit the proper service charge as required by
this paragraph will cause filings made pursuant to Secs. 3833.2 and
3833.3 and amended locations filed under Sec. 3833.1 to be rejected and
returned to the claimant/owner. If a payment is received that partially
covers the claims submitted, the payment shall be applied to claims in
ascending numerical order of serialization.
(2) If a claimant fails to submit the proper rental or maintenance
fees on or before each August 31, the authorized officer will apply the
rental or maintenance fees received to existing recorded and serialized
mining claims and sites in ascending numerical order of serialization,
unless otherwise directed by the claimant. The authorized officer will
note the deficient fees as being paid on the original date received,
provided that the claimant submits the proper fees within 30 days of
receipt of a deficiency notice from the authorized officer, if that
much time remains before August 31. If there are less than 30 days
before August 31, the correct fees shall be filed (see Sec. 3833.0-
5(m)) by such claimant on or before the August 31 deadline. Failure to
submit the proper fees will cause the remaining claims or sites to be
forfeited by the claimant/owner.
(3) After each August 31 payment deadline, if a claimant failed to
file full payment of the proper rental or maintenance fees on time, the
authorized officer will apply any rental or maintenance fees received
to existing recorded and serialized mining claims and sites in
ascending numerical order of serialization. Existing mining claims and
sites to which no rental fee or maintenance fee can be applied because
of the insufficiency of the funds paid to the authorized officer will
be deemed null and void by operation of law, and therefore forfeited by
the owner.
26. Section 3833.1-4 is amended by revising the section title;
redesignating existing paragraphs (b) through (f) as (c) through (g),
respectively; revising redesignated paragraphs (f) and (g); and adding
a new paragraph (b), to read as follows:
Sec. 3833.1-4 Service charges and location fees.
* * * * *
(b) Each notice or certificate of location of a mining claim, mill
site, or tunnel site that is located on or after August 11, 1993, and
before September 30, 1998, shall, when submitted for recordation, be
accompanied by a one time nonrefundable location fee of $25.00.
* * * * *
(f) The claimant/owner may authorize the BLM to charge payment of
service charges, rental fees, maintenance fees, and location fees to
his or her credit card under Sec. 3833.1-3(a) by transmitting a
facsimile authorization bearing the signature of the claimant/owner to
the authorized officer, or the authorized officer may accept such
authorization by telephone if the identity of the claimant/owner is
established to the satisfaction of the authorized officer.
(g) The claimant/owner may also maintain a declining deposit
account with the State Office of the BLM where the mining claims and
sites are recorded for the payment of service charges, rental fees,
maintenance fees, and location fees. The authorized officer may deduct
the necessary service charges and fees from such account only at the
direction of the claimant/owner.
27. Section 3833.1-5 is revised to read as follows:
Sec. 3833.1-5 Rental fees and maintenance fees.
Except as provided in Secs. 3833.0-3(f), 3833.1-6, and 3833.1-8,
each claimant shall pay a nonrefundable rental or maintenance fee of
$100.00 for each mining claim, mill site, or tunnel site to the proper
BLM office for each specified assessment year for which the claimant
desires to hold the mining claim, mill site, or tunnel site. The
assessment years covered by the Acts of October 5, 1992, and August 10,
1993, begin at 12 o'clock noon on September 1, 1992, and end at 12
o'clock noon on September 1, 1999. The $100 rental or maintenance fee
requirement does not apply to oil shale placer claims. Oil shale placer
claim holders shall pay an annual $550 fee for each oil shale claim as
described in section 2511 of the Energy Policy Act of 1992 (30 U.S.C.
242). Payment of the rental fee for 1993 and/or 1994 shall satisfy any
maintenance fee requirements that might otherwise apply for these
years. The rental fee requirements for mining claims expire on
September 30, 1994.
(a)(1) The initial $100.00 nonrefundable rental or maintenance fee
for the assessment year in which the mining claim or site was located
shall be paid for each mining claim, mill site, or tunnel site at the
time of recording the mining claim, mill site, or tunnel site pursuant
to section 314(b) of FLPMA and Sec. 3833.1-2. In addition, the location
fee required in Sec. 3833.1-4(b) shall be paid at the time of
recordation for all claims and sites located on or after August 11,
1993, and before September 30, 1998.
(2) The initial rental or maintenance fee described in paragraph
(1) is not subject to the waiver provisions contained in Secs. 3833.1-6
and 3833.1-7.
(b) Under the Act of August 10, 1993, a nonrefundable maintenance
fee of $100.00 for each mining claim, mill site, or tunnel site shall
be paid annually on or before August 31 for the subsequent assessment
year beginning at 12 o'clock noon on September 1 of that year. At the
time of payment, the claimant/owner shall submit a list of claim names
and BLM serial numbers assigned to each mining claim or site for which
the maintenance fee is being paid.
(c) There will be no proration of rental or maintenance fees for
partial years of holding of mining claims, mill sites, or tunnel sites.
(d) A small miner may, under the exemption provisions of
Secs. 3833.1-6 and 3833.1-7, perform assessment work and file the
affidavit of labor pursuant to Sec. 3833.2 in lieu of paying the rental
or maintenance fee.
(e) The owner of an oil shale placer claim shall pay the required
$550 annual rental fee to the proper BLM State Office on or before each
December 31.
(f) The payment of the required rental or maintenance fee for a
mining claim, mill site, or tunnel site satisfies the requirement to
file an affidavit of assessment work or a notice of intention to hold
pursuant to Sec. 3833.2.
(g) If an exempted mining claim or site is transferred in total to
a party not entitled to an exemption, the exemption is forfeited for
the mining claim or site transferred. The rental or maintenance fee for
the exempted assessment year shall be paid for the mining claim or site
transferred at the time of filing the transfer of interest under
Sec. 3833.3. If the proper fees are not submitted at the time of such
filing, the authorized officer shall note the fees as being paid as of
the date of the filing, provided that the claimant submits the proper
fees within 30 days of receipt of a deficiency notice from the
authorized officer. Failure to submit the proper fees will cause the
claims or sites to be forfeited by the claimant/owner.
(h) The Secretary will adjust the location and maintenance fees
every five years, based upon the Consumer Price Index (CPI) as
published by the Bureau of Labor Statistics, Department of Labor. The
Secretary may adjust the location and maintenance fees sooner, if he
deems it reasonable, based upon changes in the CPI.
(1) Public notice of any adjustment of maintenance or location fees
will be provided by July 1 of any year an adjustment is made.
(2) Any such adjustment of maintenance or location fees will apply
to the first assessment year following the July 1 by which the notice
was given. The new fee is due on August 31 of the same year in which
the notice was given.
(i) The $100 annual maintenance fee applies to all mill sites and
tunnel sites. A waiver of the maintenance fee may be obtained under
special circumstances as provided in Sec. 3833.1-6(a), (b), (c), and
(d).
28. Section 3833.1-6 is revised to read as follows:
Sec. 3833.1-6 Maintenance fee waiver qualifications under the Act of
August 10, 1993, and other exceptions--applicable from 12 o'clock noon
on September 1, 1993, until 12 o'clock noon September 1, 1999.
A small miner may, under certain conditions described in this
section and in Sec. 3833.1-7, perform the assessment work required
under 30 U.S.C. 28-28e and record it pursuant to section 314(a) of
FLPMA and Sec. 3833.2 in lieu of paying the maintenance fee. Assessment
work shall conform to the requirements contained in subpart 3851 of
this title.
(a) In order to qualify for a waiver of the maintenance fee
requirements, a small miner shall meet all of the following conditions:
(1) The claimant and all related parties shall hold no more than 10
mining claims, mill sites, and tunnel sites, or any combination
thereof, on Federal lands in the United States. For purposes of
determining the small miner waiver, oil shale claims shall not be
counted toward the 10 claim limitation for the small miner waiver to
the $100 maintenance fee. A claimant who owns 10 or fewer claims, mill
sites, and tunnel sites, and otherwise meets the requirements of this
section, is not precluded from paying the maintenance fee in addition
to filing for a small miner waiver.
(2) All mining claims and sites held by a claimant and all related
parties shall be counted toward the 10 claim and site limit.
(3) Mill and tunnel sites of a qualified small miner, if listed
upon the exemption certificate along with the affected lode and placer
mining claims, are waived from payment of the $100 maintenance.
(b) Mining claims and sites that are undergoing final reclamation
as approved by the authorized officer with no intent by the owner
thereof to continue mining, milling, or processing operations upon or
under the mining claims or sites, are excused from payment of the
maintenance fees. The owner shall file a certified statement by August
31 in the proper BLM office attesting to the reclamation status of the
affected mining claims and/or sites, with reference to a reclamation
plan approved by the authorized officer, and to his or her intent to
place them into permanent closure. A certified statement of such intent
and reclamation shall be filed pursuant to Sec. 3833.1-7. The number of
mining claims or sites that may properly qualify for a reclamation
waiver pursuant to this paragraph is not restricted to a 10-claim
limit.
(c) Pursuant to the Soldier's and Sailor's Relief Act (50 U.S.C.
appendix 565), military personnel on active duty status may, under
certain conditions, qualify for an exemption from the performance of
assessment work and the payment of maintenance fees. See Secs. 3833.1-
7(e)(2) and 3851.6 of this title.
(d) Under the following circumstances, a waiver may be obtained
from the payment of the maintenance fee for mining claims and sites
located upon National Park System lands:
(1) The claimant has received a declaration of taking or a notice
of intent to take from the National Park Service pursuant to sections 6
and 7 of the Act of September 28, 1976, as amended (16 U.S.C. 1905,
1906) or the Act of December 2, 1980, as amended (16 U.S.C. 3192); or
the claimant has otherwise been denied access by the United States to
his/her mining claims or sites on National Park Service lands.
(2) The claimant shall file proof of the above conditions for
exemption, attested to as a certified statement, pursuant to
Sec. 3833.1-7, with the proper BLM office by the August 31 immediately
preceding the assessment year for which a waiver is sought.
(e) Payment of the maintenance fee for mining claims covered by a
deferment of assessment work granted by the authorized officer pursuant
to 30 U.S.C. 28(b)-(e) and subpart 3852 of this title may be deferred
during the period for which the deferment is granted. Deferments are
governed by the following conditions:
(1) If a petition for a deferment of assessment work, as required
by Sec. 3852.2 of this title, is filed with the proper BLM office on or
before August 31 for a given year, the maintenance fee need not be paid
on the claims listed in the petition for deferment until the authorized
officer has acted upon the petition.
(i) If the petition is granted, maintenance fees for the claims are
deferred for the upcoming assessment year. At the expiration of the
deferment, all deferred fees shall be paid within 30 days of the end of
the deferment, unless the claimant/owner qualifies as a small miner. If
the claimant/owner qualifies as a small miner, all deferred assessment
work shall be done as provided in Sec. 3852.5 of this title prior to
filing for a small miner waiver.
(ii) If the petition for deferment is denied by the authorized
officer, the maintenance fees shall be paid within 30 days of receipt
of the decision of the authorized officer denying the petition for
deferment. Failure to pay the maintenance fees owed will result in the
claims contained within the petition being forfeited.
(f) On mining claims for which an application for a mineral patent
has been filed, and the mineral entry has been allowed, the payment of
the maintenance fee is excused for the assessment years during which
assessment work is not required pursuant to Sec. 3851.5 of this title.
However, no refund of previously deposited maintenance fees will be
made to the mineral patent applicant.
29. Section 3833.1-7 is revised to read as follows:
Sec. 3833.1-7 Filing requirements for maintenance fee waivers.
(a) A small miner exemption certification previously filed for the
assessment year ending at noon on September 1, 1994, under the Act of
October 5, 1992, and the pertinent regulations in effect on August 31,
1993, will be considered proper certification for a waiver of payment
of the maintenance fee due on August 31, 1994.
(b) The affidavit of assessment work performed by a small miner
claiming a maintenance fee waiver shall be filed with the proper BLM
office pursuant to Sec. 3833.2 and shall meet the requirements of
Sec. 3833.2-4.
(c) To obtain the small miner's waiver for the assessment year
ending at noon on September 1, 1994, the affidavit of assessment work
for the period of September 1, 1993, through September 1, 1994, shall
be filed on or before December 30, 1994, in the proper BLM office. The
certified statement required by paragraph (d) for those who are not
covered by a waiver under paragraph (a) of this section shall be filed
in the proper BLM office on or before August 31, 1994, and shall
contain all of the information required in paragraph (d). For mining
claims and sites covered by a waiver, the filing of a certified
statement pursuant to any of paragraph (d), (e), or (f) of this section
will satisfy the requirements for filing of a notice of intention to
hold pursuant to Sec. 3833.2-5, when such notice of intention to hold
is otherwise required.
(d) In order to hold mining claims or sites for the assessment year
beginning at 12 o'clock noon on September 1, 1994, each small miner
shall file a certified statement on or before August 31, 1994. Each
small miner shall file a certified statement on or before August 31
each year thereafter to hold the claims each assessment year beginning
at 12 o'clock noon on September 1 of the calendar year the
certification is due, through August 31, 1998. The small miner shall
support the claimed waiver for each assessment year a small miner's
waiver is claimed, certified, and attested to under penalty of 18
U.S.C. 1001. The certified statement shall contain:
(1) The mining claim and site names and BLM serial numbers assigned
to the mining claims and sites held by the small miner;
(2) A declaration by the claimant and all related parties that they
own no more than 10 mining claims and sites in total nationwide on the
date the waiver is due;
(3) A declaration that specifies that the assessment work
requirements have been completed for the assessment year just ending;
(4) The names and addresses of all owners maintaining an interest
in the mining claims and sites; and
(5) The signatures of all the owners of the mining claims and sites
for which a waiver is claimed.
(e) Pursuant to the Soldier's and Sailor's Relief Act, and
Sec. 3851.6 of this title, a military person entering active service
may file, or cause to be filed with the proper BLM office, a notice of
his or her entry into active military service.
(1) The notice shall be filed in the assessment year that the
person entered active duty status.
(2) The filing of the notice exempts the person from performing
assessment work or paying the maintenance fees until 6 months have
passed from the person's release from active duty status, or until 6
months have passed from release from a military hospital, whichever is
later.
(3) The performance of assessment work or the payment of
maintenance fees shall resume in the assessment year next following the
assessment year in which the person was released from active duty or a
military hospital.
(4) The notice shall be filed as a certified statement pursuant to
paragraph (d) of this section, and shall list all mining claims and
sites affected by claim/site name and BLM serial number.
(f) Claimants holding claims that are excused from performance of
assessment work by other statutes are also excused from payment of
maintenance fees as part of their waivers. The claimant/owner shall
file a certified statement pursuant to paragraph (d) of this section on
or before each August 31 in the proper BLM office, identifying the
statute that exempts the claims from assessment work.
30. Section 3833.1-8 is added to read as follows:
Sec. 3833.1-8 Refundability of service charges, location fees, rental
and maintenance fees.
(a) Service charges submitted for new recordings under Sec. 3833.1-
2 are not returnable or refundable after the document received has been
docketed and/or serialized.
(b) Service charges submitted with documents to be filed pursuant
to Secs. 3833.2 and 3833.3 are returnable or refundable if, at the time
of submission, the affected mining claim or site is determined to be
null and void or abandoned and void by operation of law.
(c) Rental fees, maintenance fees, and location fees are not
returnable or refundable unless the mining claim or site has been
determined, as of the date the fees were paid, to be null and void,
abandoned and void by operation of law, or otherwise forfeited.
(d) Rental fees, maintenance fees, location fees, or service
charges made in duplicate for the same claim or site are returnable or
refundable. When the authorized officer receives a request for a return
or refund of such fees or charges, and unless otherwise jointly
instructed in writing by the paying parties, the authorized officer
will refund the duplicate payment to the party submitting such
duplicate payment.
(e) Voluntary actions such as relinquishment of claims or sites, or
payment of rental or maintenance fees by a qualified small miner, shall
not be a qualifying reason for obtaining a refund of such fees
previously paid.
31. Section 3833.2-3 is amended by revising the section heading and
paragraphs (d) and (e) to read as follows:
Sec. 3833.2-3 Consistency between the Federal Land Policy and
Management Act, the General Mining Law of May 10, 1872, the Act of
October 5, 1992, and the Act of August 10, 1993.
* * * * *
(d) The Acts of October 5, 1992 and August 10, 1993, do not affect
the requirements to do assessment work in the assessment year beginning
at 12 o'clock noon on September 1, 1999, and ending at 12 o'clock noon
on September 1, 2000, or to make annual filings on or before December
30, 2000, pursuant to Secs. 3833.2 and 3851.1.
(e) For mining claims and sites located on or after September 1,
1998, and on or before September 30, 1998, and for which the required
$100 maintenance fee was paid at the time of recording pursuant to
section 314(b) of FLPMA and Sec. 3833.1-2, payment of the maintenance
fee satisfies the requirements of Sec. 3833.2 for the 1999 calendar
year.
32. Section 3833.2-6 is revised to read as follows:
Sec. 3833.2-6 When evidence or notice is not required.
Evidence of annual assessment work performed or a notice of
intention to hold a mining claim or mill site need not be filed on
unpatented mining claims or mill sites if mineral entry under a mineral
patent application has been allowed. The owner of that mining claim or
mill site is exempt from the filing requirements of Sec. 3833.2 and the
payment of rental or maintenance fees under Sec. 3833.1-5 as of the
date mineral entry is allowed.
33. Section 3833.3 is amended by adding paragraph (c) to read as
follows:
Sec. 3833.3 Notice of transfer of interest.
* * * * *
(c) The filing of a transfer of interest, when properly executed
and recorded under State law, is effective when recorded with the
proper BLM office. For BLM record title purposes, the transfer will be
deemed to have taken place on its effective date under State law.
34. Section 3833.4 is amended by revising the heading and
paragraphs (a) and (b), redesignating paragraphs (c) through (e) as (d)
through (f), respectively, and adding paragraph (c), to read as
follows:
Sec. 3833.4 Failure to file, or to pay rental, maintenance, or
location fees.
(a)(1)(i) The failure to make annual filings required by
Secs. 3833.2-1 and 3833.2-2 on or before the December 30 immediately
following the August 31 by which the small miner filed for a waiver of
payment of the rental or maintenance fees, shall conclusively
constitute a forfeiture of the lode or placer mining claim.
(ii) Except for the filings required on or before December 30,
1992, beginning on October 5, 1992, the requirements of Secs. 3833.2-1
through 3833.2-5 are modified by the requirements of the Acts of
October 5, 1992, and August 10, 1993, and the Energy Policy Act of
1992, and these statutory provisions are now implemented in
Secs. 3833.1-5, 3833.1-6, and 3833.1-7.
(2) Failure to record the notice or certificate of location
required by Sec. 3833.1-2(a), Sec. 3734.1(a), or Sec. 3821.2 of this
title, or failure to pay the rental, maintenance, or location fees
required by Secs. 3833.1-4, 3833.1-5, and 3833.1-7, or failure to file
the documents required by Sec. 3833.1-7(b) through (d) within the time
periods prescribed therein for claimants who also fail to pay the
maintenance fee, shall be deemed conclusively to constitute a
forfeiture of the mining claim, mill site, or tunnel site.
(3) For claimants who also fail to pay the maintenance fee, failure
by a claimant who has filed a waiver certification under Sec. 3833.1-7
to perform the assessment work required by subpart 3851 of this title
at the time of filing the waiver certification, if the work was
required under Sec. 3833.1-7(a) through (d), will result in the
affected mining claims being conclusively deemed forfeited by the owner
or owners thereof.
(4) Failure to list the 10 or fewer mining claims and/or sites for
which the fee is waived on the applicable certification document filed
pursuant to Sec. 3833.1-6 or Sec. 3833.1-7 or to pay the required
amount of maintenance fees by the prescribed August 31 will result in
the affected mining claims and/or sites being conclusively deemed
forfeited by the owner or owners thereof.
(b) Failure to file the complete information required in
Secs. 3833.1-2(b), 3833.1-7(d) through (f), 3833.2-4(a), 3833.2-4(b),
and 3833.2-5(c), when the document is otherwise filed on time, shall
not be conclusively deemed to constitute an abandonment or forfeiture
of the claim or site, but such information shall be submitted within 30
days of receipt of a notice from the authorized officer calling for
such information. Failure to submit the information requested by the
decision of the authorized officer shall result in the mining claim,
mill site, or tunnel site being deemed abandoned by the owner and
therefore forfeited.
(c) Failure to record a transfer of interest under Sec. 3833.3 will
result in the Bureau of Land Management refusing to recognize the
interest acquired by the transferee or to serve notice of any action,
decision, or contest on the unrecorded owner.
* * * * *
PART 3850--ASSESSMENT WORK
35. The authority citation for part 3850 is revised to read as
follows:
Authority: 30 U.S.C. 22 et seq.; 30 U.S.C. 28-28(e); 50 U.S.C.
Appendix 565; 106 Stat. 1374, 1378-79; 107 Stat. 312.
Subpart 3851--Assessment Work: General
36. Section 3851.3 is amended by revising paragraph (c) to read as
follows:
Sec. 3851.3 Effect of failure to perform assessment work.
* * * * *
(c) The Acts of October 5, 1992, and August 10, 1993, with certain
exceptions for small miners, temporarily suspend and supersede the
requirement to perform assessment work under Sec. 3851.1, and require
the payment of an annual $100 rental or maintenance fee per mining
claim in lieu of the assessment work. For oil shale claims, the Energy
Policy Act of 1992 (30 U.S.C. 242) suspends and supersedes the
requirement to perform assessment work under Sec. 3851.1, and requires
the payment of an annual $550 rental fee per oil shale mining claim in
lieu of the assessment work. The rental and maintenance fee
requirements and exemptions from payment of the rental fee or waivers
from the maintenance fee are described in Secs. 3833.0-3(f), 3833.1-5,
3833.1-6, and 3833.1-7 of this title.
37. Section 3851.4 is revised to read as follows:
Sec. 3851.4 Failure of a co-owner to contribute to annual assessment
work; or to the payment of rental or maintenance fees.
(a) Upon the failure of any co-owner of a mining claim to
contribute a proportion of the required expenditures, the co-owners who
have performed the labor, made improvements, paid the rental or
maintenance fee required under Secs. 3833.1-5 and 3833.1-6 of this
title, may, at the expiration of the year, give such delinquent co-
owner personal notice of this failure. This notice must be given in
writing, or such notice may be given by publication in the newspaper
published nearest the claim for at least once a week for 90 days. If,
upon the expiration of 90 days, after such notice in writing, or upon
the expiration of 180 days after the first newspaper publication of
notice, the delinquent co-owner shall have failed to contribute the
proportionate share of such expenditures or improvements, such interest
in the claim by law passes to his co-owners who have made the
expenditures or improvements as aforesaid.
(b) A claimant alleging ownership of a forfeited interest under
paragraph (a) above who requests the authorized officer to change the
ownership records of the affected mining claims shall present the
following:
(1) Statement of the publisher of the newspaper as to the facts of
publication, giving the beginning and ending dates of publication, a
printed copy of the notice published, and a statement by the claimant
that the delinquent co-owner failed to contribute his proper proportion
within the period fixed by the statute, or
(2) Evidence of personal service of the notice of delinquency upon
the delinquent party. If personal service is effected by mail, the
minimum sufficient evidence shall consist of a copy of the notice and a
copy of the return receipt of the U.S. Postal Service evidencing
receipt by the delinquent party of a registered or certified envelope
containing the notice. If service was made in person, an affidavit of
service signed and dated on the date of service will suffice as
evidence of such service; and
(3) In all cases, a signed and dated statement by the claimant that
the delinquent co-owner failed to contribute his proper proportion
within the period fixed by the statute.
(c) Upon determination by the authorized officer that paragraphs
(a) and (b) of this section have been complied with, the record title
of the mining claim shall be changed pursuant to Sec. 3833.3 of this
title. Such a change in ownership requires that the claimant submit the
service charge required for a transfer of interest pursuant to
Sec. 3833.1-4 of this title.
(d) Active duty military personnel who give notice and comply with
Sec. 3851.6 are not subject to the provisions of this section.
38. Section 3851.5 is revised to read as follows:
Sec. 3851.5 Assessment work not required after allowance of mineral
entry.
Performance of annual assessment work and payment of rental or
maintenance fees is not required after the date that the mineral entry
has been allowed.
(a) The assessment year in which the mineral entry is allowed by
the issuance of the first half of the mineral entry final certificate
is the first assessment year for which the assessment work and payment
of rental or maintenance fees is no longer required, and assessment
work is not required in any assessment year thereafter until a mineral
patent issues.
(b) If a mineral entry is canceled in whole or in part, the mining
claims and mill sites that are no longer covered by the mineral entry
shall be subject to the assessment work requirement, or the payment of
rental or maintenance fees, beginning in the next assessment year
following the assessment year that the mineral entry was canceled.
39. Section 3851.6 is added to read as follows:
Sec. 3851.6 Assessment work not required for active duty military
personnel.
Pursuant to the Soldier's and Sailor's Relief Act (50 U.S.C.
appendix 565), a person entering active military service is exempt from
the performance of annual assessment work under this subpart for each
assessment year in which the service person is on active duty.
(a) To claim the exemption, the person entering active military
service shall file, or cause to be filed with the proper BLM office, a
notice of his or her entry into active military service. The notice
shall be filed in the assessment year that the person entered active
duty status.
(b) The filing of the notice exempts the person from performing
assessment work or paying the maintenance fees until 6 months have
passed from the person's release from active duty status, or until 6
months have passed from release from a military hospital, whichever is
later.
(c) The performance of assessment work or the payment of
maintenance fees shall resume in the assessment year beginning at least
6 months after the date the person was released from active duty or a
military hospital.
(d) The notice shall be filed as a certified statement pursuant to
Sec. 3833.1-7 of this title, and shall list all mining claims and sites
affected by claim name and BLM serial number.
Subpart 3852--Deferment of Assessment Work
40. Section 3852.2 is amended by revising the first and second
sentences in paragraph (a) to read as follows:
Sec. 3852.2 Filing of petition for deferment, contents.
(a) In order to obtain a deferment, the claimant shall file with
the proper BLM office a petition in duplicate requesting such a
deferment. No particular form of petition is required, but the
applicant shall attach to one copy thereof a copy of the notice to the
public required by 30 U.S.C. 28e showing that it has been filed or
recorded in the local recording office in which the notices or
certificates of location were filed or recorded.
* * * * *
40. Section 3852.3 is revised to read as follows:
Sec. 3852.3 Notice of action on petition to be recorded.
The claimant shall file or record in the local recording office in
which he filed or recorded his notice of petition for deferment a copy
of the order or decision of the BLM authorized officer disposing of the
petition.
Dated: April 8, 1994.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 94-11346 Filed 5-10-94; 8:45 am]
BILLING CODE 4310-84-P
