[Federal Register Volume 64, Number 166 (Friday, August 27, 1999)]
[Proposed Rules]
[Pages 47023-47046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21911]
Federal Register / Vol. 64, No. 166 / Friday, August 27, 1999 /
Proposed Rules
[[Page 47023]]
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3730, 3810, 3820, 3830-3840, and 3850
[WO-620-1430-00-24 1A]
RIN 1004-AD31
Locating, Recording, and Maintaining Mining Claims or Sites; and
Extension of Currently Approved Information Collection, OMB Approval
Number 1004-0114
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule and notice and request for comment on information
collection.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is proposing this rule to
amend regulations on locating, recording, and maintaining mining claims
or sites. In this proposed rule, BLM is seeking to amend regulations to
respond to a recent law that continues to require claimants to pay
location and maintenance fees on unpatented mining claims or sites and
to provide annual maintenance fee waivers to small miners until
September 30, 2001. BLM collected these fees and provided for waivers
under the existing regulations based on a previous law that expired on
September 30, 1998. The new law--
Moves the annual payment and waiver filing deadline from August 31
to September 1 to coincide with the beginning of the assessment year;
Allows time to cure a small miner waiver application defect; and
Allows maintenance fee payment after the payment deadline instead
of forfeiting a claim or site in an incurable waiver.
In addition to making these changes in the regulations, the
proposed rule would streamline the regulations by consolidating
provisions on location, recording, and maintenance of mining claims or
sites in one CFR part, clarifying conflicting language, eliminating
duplication, and removing obsolete provisions. These revisions are part
of BLM's overall effort to rewrite regulations in plain language to
make them easier for the public to use and understand.
The BLM is also taking this opportunity to announce its intention
to request an extension of its current approval to collect certain
information from holders of unpatented mining claims, mill, and tunnel
sites.
DATES: Proposed rule: You should submit your comments by October 26,
1999. In developing a final rule, BLM may not consider comments
postmarked or received in person or by electronic mail after this date.
Proposed information collection renewal: You should submit your
comments by October 26, 1999. BLM may not consider comments postmarked
or received by electronic mail after the above date in the decision-
making process on the proposed information collection.
ADDRESSES: Please comment separately on the proposed rule or the
information collection renewal. You may hand-deliver comments on the
proposed rule or the proposed information collection renewal to Bureau
of Land Management, Administrative Record, Room 401, 1620 L St., NW,
Washington, DC, or mail comments to Bureau of Land Management,
Administrative Record, Room 401LS, 1849 C St., NW, Washington, DC
20240. For information about filing comments electronically, see the
SUPPLEMENTARY INFORMATION section under ``Public Comment Procedures''
and ``Electronic access and filing address.''
FOR FURTHER INFORMATION CONTACT: Roger Haskins in the Solid Minerals
Group at (202)452-0355 or Ted Hudson in Regulatory Affairs at (202)452-
5042. For assistance in reaching the above contacts, individuals who
use a telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service at 1-(800)877-8339 24 hours a day, 7 days a
week.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Section-by-Section Analysis
V. Procedural Matters
I. Public Comment Procedures
General Comment Procedures
Comments on the proposed rule or the information collection should
be specific, should be confined to issues pertinent to the proposed
rule, and should explain the reason for any recommended change. Where
possible, your comments should reference the specific section or
paragraph of the proposal that you are addressing. BLM may not
necessarily consider or include in the Administrative Record for the
final rule comments that BLM receives after the close of the comment
period (see DATES) or comments delivered to an address other than those
listed above (see ADDRESSES).
Please submit your comments on issues related to the proposed rule
or information collection renewal, in writing, according to the
ADDRESSES section above. Please comment separately on the proposed rule
or on the information collection renewal. Your comments should explain
the need for any changes you recommend and, where possible, refer to
specific sections or paragraphs in the proposed rule.
BLM will make your comments, including your name and address,
available for public review at the ``L Street'' address listed in
ADDRESSES above during regular business hours (7:45 a.m. to 4:15 p.m.,
Monday through Friday, except Federal holidays). BLM will also post all
comments on its home page (http://www.blm.gov) at the end of the
comment period.
Under certain conditions, BLM can keep your personal information
confidential. You must prominently state your request for
confidentiality at the beginning of your comment. BLM will consider
withholding your name, street address, and other identifying
information on a case-by-case basis to the extent allowed by law. BLM
will make available to the public all submissions from organizations
and businesses and from individuals identifying themselves as
representatives or officials of organizations or businesses.
Electronic Access and Filing Address
You may view an electronic version of this proposed rule at BLM's
Internet home page: www.blm.gov. You may also comment via the Internet
to: WOComment@blm.gov. Please also include ``Attention: AD31'' for the
proposed rule or ``Attention: 1004-0114'' for the proposed information
collection renewal, and your name and return address in your Internet
message. If you do not receive a confirmation from the system that we
have received your Internet message, contact us directly at (202) 452-
5030.
Comments on Rule Format
We also welcome your comments on how we could make this proposed
rule easier to understand, including answers to the following
questions:
Are the requirements clearly stated?
Does it contain unclear technical language or jargon?
Does the format aid or reduce its clarity?
Would it be easier to understand if it were divided into
more sections?
Is the description in the ``supplementary information''
section helpful?
Please send format comments to the Office of Regulatory Affairs,
Department of the Interior, Room 7229, 1849 C St., NW, Washington, DC
20240, or e-mail them to Execsec@ios.doi.gov.
[[Page 47024]]
II. Background
BLM has primary responsibility for the administration of mining
claims or sites on Federal lands. At the end of fiscal year (FY) 1998,
there were 289,054 mining claims and sites maintained on the Federal
lands. During FY 1998, claimants recorded 34,756 new mining claims and
sites. In addition, BLM processed 4,121 waiver documents containing
27,498 mining claims and sites and processed 256,593 annual maintenance
fee transactions. BLM also collected a total of $29,968,000 in location
and maintenance fees. BLM deposits these collected fees into a special
fund, and Congress appropriates money to BLM from the fund to pay for
the personnel and operations of the Mining Law Administration program
which includes, among other things, mining claim recording and fee
collection, processing patent applications and plans of operations,
inspecting operations and enforcing the regulations.
A. Mining Claims or Sites
A mining claim, which can be either lode or placer, comprises a
parcel of Federal land that contains a valuable mineral deposit. In
contrast, a mill site is located on non-mineral land and used to
support a lode or placer mining claim operation or support itself
independent of a particular claim. A tunnel site contains a tunnel to a
lode mine or is used to discover unknown lode mineral deposits. See 30
U.S.C. 22-42.
A mineral entry occurs when a patent applicant has met all
patenting requirements for the mining claims or mill sites that are
included in a mineral patent application. This means that except for
the confirmation of a discovery of a valuable mineral deposit or
validation of proper use and occupancy, a claimant of a mining claim or
mill site is otherwise qualified to receive a mineral patent to the
lands applied for. However, in the context of land withdrawals, the
term ``closed to mineral entry'' means only that the lands are
withdrawn from mining claim or site location under the General Mining
Law.
B. Current Regulations
Organization of the Current Regulations
Regulations on location, recording, and maintenance of mining
claims or sites are scattered throughout Groups 3700 and 3800. BLM and
the General Land Office (GLO), BLM's predecessor, created them piece by
piece since 1939, when the first Code of Federal Regulations (CFR) was
issued. Past practice of the BLM and GLO was to create a new subpart if
Congress amended the General Mining Law or passed new laws affecting
mining claims or sites. For this reason, current regulations are
disjointed and contain conflicting or duplicative information. This
rule is BLM's first attempt to consolidate, clarify, and eliminate
duplications in these regulations.
Other Regulations Related to This Rule.
This rule concerns the location, recording, and maintenance of
mining claims and associated mineral rights on the Federal lands of the
United States that are subject to the General Mining Law. In order to
obtain permission to occupy or disturb the surface or subsurface of
your mining claims or sites, you must follow the Surface Management
regulations of the surface management agency.
For BLM administered lands, you must follow 43 CFR part
3715, 3802, 3809, or 3814 as applicable.
On National Forest lands, you must follow 36 CFR part 228.
On National Park System lands, you must follow 36 CFR part
9.
In addition, most States have mining and reclamation
permits that you must obtain before beginning surface disturbing
operations on Federal lands.
To apply for a mineral patent for your mining claim or mill site,
you must follow the regulations at 43 CFR part 3860. However, due to a
Congressional budget moratorium in effect since September 30, 1994, BLM
cannot accept any new mineral patent applications until Congress
removes the moratorium.
Previously Proposed Rules Related to This Rule
Since 1992, Congress has passed three short-term laws requiring
claimants to pay various fees when locating, recording, and maintaining
mining claims or sites. As the collector of the fees, BLM has
implemented each of these laws by amending its regulations. This
proposed rule would implement the third of these short-term laws--the
Interior and Related Agencies Appropriation Act for Fiscal Year 1999
(the FY99 Act) (section (e) of Pub. L. 105-277, 112 Stat. 2681-232,
2681-235, 30 U.S.C. 28g-28k), enacted on October 21, 1998. Before that,
on August 10, 1993, Congress enacted Pub. L. 103-66, 107 Stat. 405, 30
U.S.C. 28f-k, which required claimants to pay a $25 one-time location
fee and a $100 annual maintenance fee per claim or site, and added
qualifiers for small miner waivers. To implement the 1993 Act, BLM
published a rule amending 43 CFR parts 3730, 3821, 3833, and 3850 on
August 30, 1994, at 59 FR 44857. The 1993 Act expired on September 30,
1998.
Earlier, on October 5, 1992, Congress enacted Pub. L. 102-381, 106
Stat. 1374, 1378-1379, which required claimants to pay mining claim
rental fees of $100 per claim or site and provided exemptions for
claimants with approved notices or plans of operations for actual
exploration work or mineral production. To implement this Act, BLM
published a rule amending 43 CFR parts 3730, 3821, 3833, and 3850 on
July 15, 1993, at 58 FR 38197. The Act expired on September 30, 1994,
and was superseded by the 1993 Act.
The successive statutes also changed some of the pertinent
terminology: Rental fees in the 1992 Act became maintenance fees in the
1993 Act, and exemptions became waivers.
C. Statutory History
Originally, all commercially valuable minerals were locatable under
the General Mining Law, 30 U.S.C. 21 et seq. Congress has, over time,
added minerals to, or removed minerals from, the General Mining Law
through amendments and the passage of the Mineral Leasing Act, 30
U.S.C. 181 et seq., the Geothermal Steam Act, 30 U.S.C. 1001 et seq.,
and the Surface Resources Act, 30 U.S.C. 601, 603. As a result,
locatable minerals are defined by the intersection of these statutes
with the General Mining Law. The Federal Land Policy and Management Act
(FLPMA), 43 U.S.C. 1701 et seq., affects location, recording, and
maintenance of mining claims or sites through its broad directive to
the Secretary of the Interior to manage all public lands. In addition,
Congress requires special procedures for locating or maintaining claims
or sites that fall under the Stockraising Homestead Act or the Energy
Policy Act.
1. The Federal Land Policy and Management Act
The Federal Land Policy and Management Act of 1976 (FLPMA) gives
the Secretary broad-ranging authority to manage all public lands. This
Act resulted from Congress completely overhauling the entire public
land management system of the United States. Relevant sections in
FLPMA:
Require recording all mining claims or sites with BLM, and
maintenance of those claims or sites, or they are forfeited (section
314, 43 U.S.C. 1744);
Make knowing disregard or circumvention of any regulation
issued under the authority of FLPMA a Federal offense (section 303, 43
U.S.C. 1733).
[[Page 47025]]
2. The General Mining Law
How to locate minerals under the General Mining Laws
The General Mining Laws, as amended, which generally comprises
chapters 2, 11, 12, 12A, 15, 16, and 20, and section 161 of title 30 of
the United States Code, are the primary statutes governing disposition
of minerals on Federal lands by location. Locating claims or sites has
five elements:
Discovering a valuable mineral deposit
Locating mining claims or sites
Recording mining claims or sites
Maintaining mining claims or sites
Patenting mining claims or sites
Claimants who comply with the first four elements gain a right of
possession to the deposit, or a right to explore for, extract and
develop the minerals. This right includes the use of the surface for
exploration, mineral development, mineral extraction, and uses
reasonably incident to exploration, extraction, and development. This
right is a property interest and may be bought, sold, transferred,
leased, rented, devised or inherited. The Federal Government retains
ownership and title to the land, even while a claimant is developing
the mineral deposit. On lands where the United States is not the owner
of the surface estate, which is the situation on Stockraising Homestead
Act lands, the surface owner retains title to the surface of the land
and BLM administers the mineral estate reserved to the United States.
Under certain circumstances, a claimant may qualify for a mineral
patent and receive title to the land.
3. Mineral Leasing Act
The Mineral Leasing Act allows leasing of the Federal lands for
development of certain types of minerals. The Act made several minerals
that were once locatable or not available under the General Mining Law
leasable after February 25, 1920, including:
Oil and gas
Coal
Potassium, sodium, and phosphate
Oil shale, tar sands, native asphalt, solid and semisolid
bitumen
Oil recovered from oil sands after the deposit is mined or
quarried
Sulphur in Louisiana and New Mexico that belongs to the
U.S.
4. Mineral Materials Act and Surface Resources Act
The Mineral Materials Act and the Surface Resources Act govern sale
of mineral materials on Federal land. These mineral materials include
petrified wood and common variety mineral materials. Common variety
mineral materials were locatable until July 23, 1955, when the Surface
Resources Act made all deposits of common varieties of sand, stone,
gravel, pumice, pumicite, and cinders salable and therefore no longer
locatable. Uncommon varieties of mineral materials, which have distinct
and special value, are still locatable under the General Mining Law.
5. Stockraising Homestead Act and the Homestead Act
Claimants must follow additional procedures when seeking to locate
mining claims or sites on lands which were patented under the
Stockraising Homestead Act (SRHA) of 1916 (43 U.S.C. 291-299) or, in
some instances, the Homestead Act (43 U.S.C. 161-284). The United
States owns only the mineral estate in these lands.
Under the Homestead Act, the United States granted land patents (or
title) to homesteaders who wanted to enter and cultivate the land.
However, in some situations, particularly in the arid West, some land
was not suitable for traditional crop farming. The SRHA allowed
homesteaders to use the land for grazing, instead of traditional
farming. For those who already had an application (entry) under the
Homestead Act but could not meet the cultivation and irrigation
requirements, the SRHA permitted conversion of the Homestead entry into
an SRHA entry. These converted patents were issued under the Homestead
Act. However, unlike other Homestead Act patents which granted title to
both the surface and mineral estates, the converted patents conveyed
title to the surface estate only and reserved the mineral estate to the
United States under the SRHA.
Thus, certain lands that appear to have been patented under the
authority of the Homestead Act after December 29, 1916, were patented
under the SRHA with a Federal mineral estate reservation. Mining claims
or tunnel sites may be located on these reserved mineral estates.
However, since the United States is not the surface owner of the land,
claimants must notify both the surface owner and BLM before locating
mining claims or tunnel sites.
Congress enacted amendments to the Stockraising Homestead Act in
1993 that impose notification requirements on anyone other than the
surface owner who wants to enter Stockraising Homestead Act lands to
explore for minerals and locate mining claims. Act of April 16, 1993;
Pub. L. 103-23; 43 U.S.C. 299(b).
6. Energy Policy Act
The Energy Policy Act (30 U.S.C. 242) no longer requires assessment
work for oil shale placer claims. Instead, it requires payment of an
annual $550 fee for most oil shale claims, and requires an annual
filing of a notice of intent to hold. In cases where $550 is due, the
claimant is not required to pay an additional maintenance fee.
7. Federal Oil and Gas Royalty Management Act
The Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C.
188(f)) provides that a claimant may seek to convert an oil placer
mining claim that was validly located before February 24, 1920, to a
noncompetitive oil and gas lease. This lease would be effective as of
the date the mining claim is deemed abandoned because the claimant
failed to comply with section 314 of FLPMA. The claimant's failure must
be inadvertent, justifiable, or not due to his or her lack of
reasonable diligence.
8. State Laws
Most States have passed their own laws about mining claim location,
recording, and annual maintenance as authorized by the General Mining
Law. In addition to BLM's regulations, these State law requirements
will apply to you.
III. Discussion of Proposed Rule
Organization of the Proposed Rule
This proposed rule would consolidate information about locating,
recording, and maintaining mining claims or sites. Two parts would be
reserved so that other related information may eventually be relocated
into this part. These reserved parts will address mineral lands
available for location and recording, and notification requirements
under special Acts.
Proposed part 3830 contains several sections. Each of the sections,
located directly under part 3830 (in sections numbered 3830.xx),
contains general information that is applicable throughout part 3830
and the succeeding parts 3831 through 3839. In old regulations, BLM
used section numbers in the format xxxx.0-x for the sections providing
this general information. To conform more closely with the standard
numbering system for the Code of Federal Regulations, we eliminated the
zero and dash.
To make regulations on mining claims or sites easier to use, this
rule organizes sections within each part so that:
[[Page 47026]]
Sections xxxx.1-xxxx.9 are introductory sections
containing general information applicable to the part;
Sections xxxx.x0, such as xxxx.10, xxxx.20, and xxxx.30,
mark the beginning of new topic areas within the part;
Sections under these ``new topic'' sections, such as
xxxx.12, xxxx.26, or xxxx.38, are related to the topic areas; and
Sections xxxx.90-xxxx.99 tell you how to cure defects in
your compliance with the requirements in that part.
Why BLM is Proposing This Rule
BLM is proposing this rule for two reasons:
To implement the Interior and Related Agencies
Appropriation Act for Fiscal Year 1999 (the FY99 Act), section (e) of
Pub. L. 105-277, 112 Stat. 2681-232, 2681-235, 30 U.S.C. 28f-28k,
enacted by Congress on October 21, 1998; and
To make it easier for you, as claimants and other
interested persons, to find and understand relevant requirements.
How the FY99 Act Changes BLM's Current Requirements
The FY99 Act does not change the requirements that all claimants
pay a one-time $25 location fee and a $100 annual maintenance fee, or
the provision for small miner and other waivers. BLM had collected
these fees and waivers under the Interior and Related Agencies
Appropriations Act for Fiscal Year 1994 (Pub. L. 103-66; 107 Stat.
405), which expired on September 30, 1998. The FY99 Act extends BLM's
authority from October 1, 1998, to September 30, 2001. This rule
reflects this extension.
The Act makes two important changes. First, it moves the annual
payment deadline to September 1, which is the first day of the
assessment year.
Second, the FY99 Act gives claimants more time to cure defective
small miner waiver applications. Under current regulations, if you, as
a claimant, filed a waiver application on time and received
notification that the waiver was defective you had 30 days from the
notification date to cure the defect. You also had the option of paying
the maintenance fee instead of curing the defect as long as the payment
deadline had not passed. If the payment deadline had passed and you
failed to cure the defect within 30 days, you forfeited the claims or
sites. Since waiver applications and maintenance fees are both due on
the same date, you rarely had the option of paying the maintenance fee
instead of curing the defect. Therefore, if the defect was incurable,
you generally forfeited the claims or sites.
Under the FY99 Act, you have 60 days instead of 30 days after
receiving written notification from BLM to cure a defective small miner
waiver application. The FY99 Act also gives you the option to pay the
maintenance fee instead of curing the defect during this 60-day period,
regardless of whether the payment deadline has passed. These changes
required under the FY99 Act affect payments due to BLM on September 1,
1999. Because the entire rulemaking process will not be finished by
that date, BLM is adopting an interim final rule to make these changes.
Elsewhere in this issue of the Federal Register, you will find that
interim final rule that makes these changes, and only these changes, in
the context of the existing regulations. You may also comment on that
interim final rule as stated in its preamble, but the changes contained
in it are effective on publication so that new deadlines will be in
place for the opening of the next assessment year. Once this proposed
rule is published in final form, it will supersede the interim final
rule. If comments on the interim final rule require urgent changes, we
will make them in an expedited, separate, final rule.
How This Proposed Rule Streamlines and Clarifies the Regulations
BLM seeks to improve regulations on mining claims or sites by
making them easier to use and understand. First, this rule would make
it easier for the public to find and follow regulations on mining
claims or sites by consolidating most of the regulations about mining
claim or site location, recording, and maintenance in one part, 43 CFR
part 3830. These regulations are currently scattered throughout Groups
3700 (Multiple Use Mining) and 3800 (Mining Claims under the General
Mining Laws). Two parts in the series of parts beginning with 3830
would be reserved so that BLM can redesignate other regulations,
including those on special mining act requirements and mineral lands
availability, in future rulemakings.
Eventually, BLM plans to consolidate all mining claim requirements,
except for mineral patenting and surface management requirements, into
part 3830. Mineral survey and patenting regulations will stay in part
3860. BLM wants to assist you in finding the information you need by
combining all mining claim and site information into one part.
Second, this rule would make regulations easier to understand by
removing conflicts in requirements, eliminating duplication, and
removing outdated or inapplicable provisions. Some of the language in
existing regulations dates back to the late 1890s and we must remove
them if they are unnecessary or rewrite them in plain language.
Effect of the Streamlining and Clarifying Changes
The organizational changes in this proposed rule are not intended
to make a significant change in the meaning of the regulations in any
way. BLM wants to make the regulations easier for the public to use and
understand.
IV. Section-by-Section Analysis
This section-by-section analysis will briefly outline how the new
regulations would be organized and highlight the few minor substantive
changes. Although the following paragraphs use descriptive rather than
conditional language in most cases to describe the proposed
regulations, none of the following descriptions will be effective
unless and until promulgated in a final rule. (Of course, to the extent
that this analysis reflects reorganization rather than substantive
amendment, many of the provisions described here are already in
effect.)
The chart below provides a map of the proposed numbering changes to
help guide you through the new consolidated part. The column on the
left shows the section numbers in this proposed rule, and the column on
the right shows the sections from which the proposed provisions are
derived or states that they are new. Sections ending in ``0'' are
generally introductory sections leading into a series of related
substantive sections.
------------------------------------------------------------------------
Proposed regulations Existing regulations
------------------------------------------------------------------------
PART 3830
------------------------------------------------------------------------
3830.1................................. New; 3833.01.
3830.2................................. 3832; 3833.0-1; 3833.5(e).
3830.3................................. New; 3833.0-3.
3830.5................................. New; 3833.0-5.
3830.6................................. 3833.5(g).
3830.9................................. 3833.0-9.
3830.10................................ ...............................
3830.11................................ 3811.1; 3812.1.
3830.12................................ New; 3711; 3812.1.
3830.20................................
3830.21................................ New; 3833.1-1; 3833.1-4; 3833.1-
5; 3852.2.
3830.22................................ 3833.1-1.
3830.23................................ 3833.1-3; 3833.1-4.
3830.24................................ 3833.1-3; 3833.0-5(m).
3830.25................................ 3833.1-3.
3830.90................................ ...............................
[[Page 47027]]
3830.91................................ New.
3830.92................................ 3833.4(f).
3830.93................................ New; 3833.5(f).
3830.94................................ New; 3833.4(b); 3833.4(c);
3833.5(d); 3833.5(f).
3830.95................................ New; 3833.1-3(b); 3833.4(a).
3830.96................................ 3833.1-3(d); 3833.4(b).
3830.97................................ 3833.5(h).
------------------------------------------------------------------------
PART 3832
------------------------------------------------------------------------
3832.1................................. New.
3832.10................................ ...............................
3832.11................................ 3831.1; 3833.1-2(b); 3841.4-4;
3841.4-5; 3841.4-6.
3832.20................................ ...............................
3832.21................................ 3812.1; 3842.2; 3842.4.
3832.22................................ 3841.4-1; 3841.4-2; 3842.1-2.
3832.30................................ ...............................
3832.31................................ New; 3844.
3832.32................................ New; 3844.
3832.33................................ New; 3844.
3832.34................................ New; 3844.
3832.40................................ ...............................
3832.41................................ New; 3843.
3832.42................................ 3843.
3832.43................................ 3843.
3832.44................................ 3843.1.
3832.45................................ New; 3843.
3832.90................................ ...............................
3832.91................................ New; 3841.4-2
------------------------------------------------------------------------
PART 3833
------------------------------------------------------------------------
3833.1................................. New; 3833.0-1; 3833.0-2;
3833.4(d).
3833.10................................ ...............................
3833.11................................ 3833.1-2(a); 3833.1-2(b)(1)-
(4); 3833.5(c).
3833.20................................ ...............................
3833.21................................ New; 3833.0-5(p).
3833.22................................ New; 3833.0-5(p).
3833.30................................ ...............................
3833.31................................ 3833.3.
3833.32................................ New; 3833.3(c).
3833.33................................ 3833.3(a).
3833.34................................ New; 3842.1-1.
3833.90................................ ...............................
3833.91................................ New; 3833.4(a); 3833.5(a).
3833.92................................ New; 3833.4(c).
3833.93................................ 3833.5(f).
------------------------------------------------------------------------
PART 3834
------------------------------------------------------------------------
3834.10................................ ...............................
3834.11................................ 3833.1-5(b) & (e).
3834.12................................ 3833.1-5(a), (b), & (e).
3834.13................................ 3833.1-5(c).
3834.14................................ New; 3833.1-5(a) & (d).
3834.20................................ ...............................
3834.21................................ 3833.1-5(h).
3834.22................................ 3833.1-5(h)(1).
3834.23................................ New; 3833.1-5(h)(2).
------------------------------------------------------------------------
PART 3835
------------------------------------------------------------------------
3835.1................................. New; 3833.1-5 & 3833.1-6.
3835.10................................ ...............................
3835.11................................ New; 3833.1-7(d).
3835.12................................ 3833.1-6(a)-(d) & (f); 3833.1-
7(c).
3835.13................................ 3833.1-6(a)-(d); 3833.1-7(d) &
(e).
3835.14................................ New; 3833.1-6; 3833.1-7(d);
3851.1(b).
3835.15................................ New; 3833.1-7(d); 3833.2-2(c).
3835.16................................ New; 3833.1-6(b); 3833.2-2(c);
3851.1; 3851.3.
3835.20................................ New; 3833.1-5(g).
3835.30................................ ...............................
3835.31................................ New; 3833.0-5(n); 3833.2-3(c);
3851.1.
3835.32................................ 3833.1-5(e) &(f); 3833.1-6(b)-
(d) & (f).
3835.33................................ 3833.2-4.
3835.34................................ 3833.2-4(c); 3833.2-5.
3835.90................................ ...............................
3835.91................................ 3833.2-3(a) and (b); 3833.4(a).
3835.92................................ 3833.4(a).
3835.93................................ New.
------------------------------------------------------------------------
PART 3836
------------------------------------------------------------------------
3836.10................................ ...............................
3836.11................................ 3851.1(b)-(c).
3836.12................................ New; 3851.2.
3836.13................................ 3851.2.
3836.14................................ 3851.2.
3836.15................................ 3833.4(a); 3851.3.
3836.20................................ New; 3852.0-3.
3836.21................................ 3852.1.
3836.22................................ 3852.2.
3836.23................................ 3852.3.
3836.24................................ 3852.4.
3836.25................................ 3833.1-7(e); 3852.5.
------------------------------------------------------------------------
PART 3837
------------------------------------------------------------------------
3837.10................................ ...............................
3837.11................................ 3851.4(a) and (d).
3837.20................................ ...............................
3837.21................................ New; 3851.4(b).
3837.22................................ 3851.4(a).
3837.23................................ New; 3851.4(b).
3837.24................................ New; 3851.4.
3837.30................................ New.
------------------------------------------------------------------------
PART 3838
------------------------------------------------------------------------
3838.1................................. New.
3838.2................................. New.
3838.10................................ ...............................
3838.11................................ New; 3833.0-3(g); 3833.1-2(c) &
(d).
3838.12................................ New; 3833.1-2(d).
3838.13................................ New; 3833.1-2(d).
3838.14................................ 3833.0-3(g); 3833.1-2(c).
3838.15................................ 3833.0-3(g); 3833.1-2(c).
3838.16................................ 3833.1-2(c).
3838.90................................ ...............................
3838.91................................ New; 3833.4(a).
------------------------------------------------------------------------
Part 3730--Public Law 359; Mining in Powersite Withdrawals: General
Cross references in Sec. 3734.1 are amended to reflect the
reorganization of part 3830.
Part 3810--Lands and Minerals Subject to Location
The description of minerals that are subject to location, subpart
3812, would be removed. This information can now be found in
Sec. 3830.11, ``Which minerals are locatable under the mining law?''
Part 3820--Areas Subject to Special Mining Laws
Cross references in Secs. 3821.2 and 3821.3 are amended to reflect
the reorganization of part 3830.
Part 3830--Locating, Recording, and Maintaining Mining Claims or
Sites; General Provisions
Proposed Secs. 3830.1 through 3830.94 contain provisions that
generally apply to all the regulations in parts 3830 through 3839. You
should refer back to these sections on general policies and procedures
when you follow regulations in this part.
Sections 3830.1, 3830.2, and 3830.3 outline the purpose, scope, and
authority for this part. Section 3830.5 contains definitions that are
important to understand in this series of parts. Section 3830.8
discusses information collection requirements. Section 3830.9 describes
the penalties for filing a document with BLM that you know contains
false, erroneous, or fictitious information or statements.
Section 3830.11 and 3830.12 describe which minerals are locatable
under the mining law and subject to the regulations under this part.
Sections 3830.20 through 3830.24 explain payment procedures for
various fees and service charges required in part 3830. Section 3830.21
contains a table describing the fees and service charges and when they
are due. Section 3830.22 describes when BLM will refund fees you have
paid. Section 3830.23 explains the forms of payment BLM will accept.
Section 3830.24 tells you how you can get your payments to BLM. Section
3830.25 explains when you should pay for a new location.
Sections 3830.91 through 3830.96 describe what happens if you fail
to comply with this part, the types of defects that may affect claims
and sites, and the procedures you must follow if you want to cure
defects. Section 3830.97 describes appeal procedures and cross-
references other regulations, including appeals regulations found in
parts 4 and 1840 of this title, that outline procedures for appealing
to the Interior Board of Land Appeals.
In addition to this general section on defects, most parts also
contain sections xxxx.90 through xxxx.9x, which identify the types of
defects that you
[[Page 47028]]
may encounter specifically to that part, and tell you whether they can
be cured and how to cure them.
Part 3831--Mineral Lands Available for the Location of Mining
Claims or Sites [Reserved]
This part is reserved so that BLM may consolidate all information
on the lands that are available for the mining claim and site location.
This information is currently found in 43 CFR parts 3730, 3740, 3810,
and 3820 and will likely be moved to this part in future rulemakings.
Part 3832--Locating Mining Claims or Sites [Added]
This part consolidates location requirements, currently found in 43
CFR subpart 3831 and part 3840, for lode and placer mining claims and
mill and tunnel sites.
Section 3832.1 defines what location is. Sections 3832.10 through
3832.12 describe general procedures for locating mining claims or
sites. Sections 3832.20 through 3832.22 provide specific requirements
for lode and placer mining claims. Section 3821.21 discusses, among
other things, claims located as building stone placer, oil placer, or
saline placer claims on lands chiefly valuable for those minerals. The
issue of what ``chiefly valuable'' means is currently before the
Secretary in a case entitled U.S. v. United Mining Corp. If the
Secretary decides that case before this rule is issued in final form,
the final rule may reflect the outcome of that decision. This rule
proposes to prevent claimants from circumventing the limitation on the
number of millsite acres a claimant may locate under Sec. 3832.32 by
limiting the millsite acreage you may locate to 5 acres per associated
20 acre parcel of lode or placer claim lands. Sections 3832.30 through
3832.34 contain specific requirements for dependent and independent or
custom mill sites. In accordance with the Mining Law, this rule
proposes to make it clear that you may not locate more than an
aggregate of 5 acres of mill site land for each associated placer or
lode mining claim. The provision allowing a maximum of 5 acres of mill
site land for each lode or placer mining claim held is contained in 30
U.S.C. 42, and derives from the Lode Law of 1866 (14 Stat. 251). This
requirement was recently reviewed and Solicitor's Opinion M-36988
reaffirmed it on November 7, 1997. Sections 3832.40 through 3832.45
contain specific requirements for tunnel sites. Sections 3832.90 and
3832.91 specify when and how you can correct defects in your location
of claims or sites.
Part 3833--Recording Mining Claims or Sites [Added]
This part walks you through the Federal process for recording a
mining claim or site.
Section 3833.1 describes what it means to record mining claims and
sites and why you must record your mining claims and sites. The
recording process provides BLM with a record of claims and sites.
Sections 3833.10 and 3833.11 outline the procedures for recording
mining claims and sites. Specifically, Sec. 3833.11 describes how you
record mining claims and sites. Some of this information may be the
same information that you used to locate your claim in part 3832.
Sections 3833.20 through 3833.23 describe when and how you may
amend the record of a previously located mining claim or site. Sections
3833.30 through 3833.35 cover transfers of mining claims or sites.
Finally, Secs. 3833.90 through 3833.93 describe how to cure certain
defects in your recording of mining claims or sites.
Part 3834--Required Fees for Mining Claims or Sites
This part guides you through annual maintenance of your claims or
sites. It describes what you must do each year to maintain your mining
claims or sites properly to avoid forfeiting them. Section 3834.11
describes the annual $100 maintenance fee, the fee waiver, and the
consequences for failing to pay. Sections 3834.12 through 3834.14 go
through the procedures for and effects of paying the maintenance fee.
These sections contain two of the five changes in our regulations
resulting from the passage of the Interior and Related Agencies
Appropriation Act for Fiscal Year 1999 (the FY99 Act), which Congress
passed on October 21, 1998. First, BLM is revising these regulations to
reflect the new statutory basis for BLM to collect location and
maintenance fees from October 1, 1998, through September 30, 2001.
BLM's previous statutory authority expired on September 30, 1998.
Second, Congress moved the annual payment deadline from August 31 to
September 1. Since assessment years begin every September 1, it makes
sense to require payment on the first day of the assessment year
instead of one day earlier.
Section 3834.11 also describes the $550 fee that you must pay for
most oil shale placer claims, instead of the $100 maintenance fee. Most
oil shale placer claims have different requirements because of the
Energy Policy Act of 1992 (30 U.S.C. 242). Claimants who hold oil shale
claims, except those who filed a patent application and received a
first half final certificate for an oil shale claim by the date of
enactment of the Energy Policy Act, must pay an annual fee of $550 for
each oil shale claim and file a notice of intent to hold, which is due
every year by December 30.
Sections 3834.20 through 3834.23 outline when and how the Secretary
may adjust the amount of the maintenance and location fees.
Part 3835--Waivers From Annual Fees
Section 3835.1 provides general information about fee waivers and
their applicability. Sections 3835.10 through 3835.12 address general
filing requirements for waivers, while Sec. 3835.13 lists specific
types of waivers, their duration, and how you should renew them. Five
types of waivers are available to claimants who are--
Small miners,
Military personnel under the Soldiers and Sailors' Relief
Act,
Performing reclamation,
Denied access, or
Applicants for a mineral patent (but only under certain
circumstances).
The third of the five changes to our regulations resulting from the
FY99 Act is found in these sections. The change is that the deadline
for filing a waiver request is now September 1 instead of August 31.
Sections 3835.14 through 3835.16 establish the conditions for
obtaining a small miner waiver in the assessment year following the
assessment year of location, for filing a waiver in one year and paying
the maintenance fee the next, and for paying the maintenance fee in one
year and switching to a waiver the next assessment year.
Section 3825.20 addresses whether waivers continue when a claim is
transferred. It explains that a waiver is still good if the transferee
also qualifies for the waiver.
Sections 3835.30 through 3835.34 describe annual FLPMA filings and
when they are required. An annual FLPMA filing is either the submission
of an affidavit of assessment work when it is required as a condition
of a waiver, or the submission of a notice of intent to hold when an
affidavit of assessment work cannot be filed.
As in the earlier parts, Secs. 3835.90 through 3835.93 describe the
procedures to cure certain defects if you have any in your waiver
application. Here in Sec. 3835.93 you will find the fourth and fifth of
the five changes to our regulations resulting from the FY99 Act. The
FY99 Act gives you 60 days instead of 30 days to cure defective small
miner waiver applications if BLM receives them by the payment deadline.
[[Page 47029]]
The FY99 Act also gives you the opportunity to pay the maintenance fee
if the defective small miner waiver applications cannot be cured within
60 days after the payment deadline.
Part 3836--Annual Assessment Work Requirements for Mining Claims
This part consolidates the provisions of current part 3851 on
performing and recording assessment work, which is sometimes a
condition for a maintenance fee waiver. Sections 3836.10 through
3836.15 identify the types of work that qualify as assessment work, and
tell you how to record the work. Section 3836.16 discusses what happens
if you fail to perform assessment work. If you are a qualified small
miner, and you have been denied access to your claims, you may petition
BLM to defer assessment work as outlined in Secs. 3836.20 through
3836.25.
Part 3837--Acquiring a Delinquent Co-Claimant's Interests in a
Mining Claim or Site
This part consolidates the procedures in current subpart 3851 and
30 U.S.C. 28 for acquiring the interests of a delinquent co-claimant in
a mining claim or site when the co-claimant has failed to contribute a
proportionate share of the assessment work, expenditures, or
maintenance fees. Section 3837.10 states the conditions for acquisition
and Secs. 3837.20 through 3837.24 lay out the steps for acquisition.
Section 3837.30 provides guidance in the event of a dispute between co-
claimants.
Part 3838--Special Procedures for Locating and Recording Mining
Claims and Tunnel Sites on Stockraising Homestead Act Lands
This part contains special procedures for exploring for minerals
and locating, recording, and maintaining mining claims or tunnel sites
located on or under Stockraising Homestead Act (SRHA) lands. If you
want to locate mining claims on SRHA lands, you must take these special
steps before locating, recording, and maintaining mining claims or
tunnel sites under this part. These procedures are required by the Act
of April 16, 1993; Public Law 103-23; 43 U.S.C. 299(b). The Act took
effect on October 13, 1993.
Sections 3838.1 and 3838.2 describe what SRHA lands are, and why
claims or sites on them require special procedures. Sections 3838.10
through 3838.14 and Sec. 3838.16 discuss the procedures for exploring
for minerals and locating mining claims on SRHA lands. Specifically,
you must record a notice of intent to locate mining claims (NOITL) with
BLM, and serve a copy of the NOITL on the surface owners. You must wait
30 days before entering the lands to explore for minerals or locate any
mining claims. Section 3838.15 describes the benefits you receive when
you file a NOITL, while Secs. 3838.90 and 3838.91 state the
consequences of failing to file a NOITL.
Part 3839--Special Laws, in Addition to FLPMA, that Require
Recording or Notice
This part is reserved for future consolidation of regulations about
recording and notice requirements and contest procedures under certain
special laws. The current regulations are found in 43 CFR parts 3710,
3730, 3740, 3810, and 3820. These parts cover surface rights
determinations under the Surface Resources Act of 1955; permission to
use or occupy placer mining claims located in power site withdrawals
under the Mining Claim Rights Restoration Act of 1955; conflict
resolution between mining claims and mineral leases under the Multiple
Mineral Development Act of 1954; and timber use on O&C lands in Oregon
by mining claimants.
Part 3840--Nature and Classes of Mining Claims
BLM proposes to move the provisions of part 3840, which describe
the types of claims or sites and how to locate and record them, to
parts 3832 and 3833. See the conversion chart earlier in this preamble.
Part 3850--Assessment Work
BLM proposes to move the provisions of part 3850, which describes
assessment work requirements, to part 3836.
V. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
In accordance with the criteria in Executive Order 12866, BLM has
determined that this rule is not a significant regulatory action. The
Office of Management and Budget (OMB) makes the final determination
under Executive Order 12866.
The rule will not have an annual effect on the economy of
$100 million or more or adversely affect in a material way the economy,
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities. These changes do not significantly change
the substance of current mining claim administration within BLM. The
annual revenue received from the collection of the congressionally
mandated oil shale, maintenance, and location fees has averaged $32
million since August of 1993. This rule would not change the fee
amounts and thus will not have a significant impact on fees collected.
This rule will not create inconsistencies with other
agencies' actions. It does not change the relationships of BLM to other
agencies and their actions.
This rule will not materially affect entitlements, grants,
loan programs, or the rights and obligations of their recipients. The
rule does not address any of these programs.
This rule will not raise novel legal or policy issues
because it makes no major substantive changes in the regulations. The
Constitutionality of the rental and maintenance fees has been
challenged in the Federal Courts.
The Courts have consistently upheld the 1992 and 1993 Acts and
their implementing regulations.
Regulatory Flexibility Act
We certify that this rule will not have a significant economic
effect on a substantial number of small entities as defined under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) The rule will not
have an impact because the fees paid by small entities will not change.
A final Regulatory Flexibility Analysis is not required, and a Small
Entity Compliance Guide is not required.
For the purposes of this section a ``small entity'' is an
individual, limited partnership, or small company, at ``arm's length''
from the control of any parent companies, with fewer than 500 employees
or less than $5 million in revenue. This definition accords with Small
Business Administration regulations at 13 CFR 121.201.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
Does not have an annual effect on the economy of $100
million or more. As explained above, the revised regulations will not
materially alter current BLM policy or the fees paid by mining
claimants.
Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. The changes implemented by this rule
are likely to leave all other economic aspects of BLM unaffected.
Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or
[[Page 47030]]
the ability of U.S.-based enterprises to compete with foreign-based
enterprises.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.):
This rule will not ``significantly or uniquely'' affect
small governments. A Small Government Agency Plan is unnecessary.
This rule will not produce a Federal mandate of $100
million or greater in any year. It is not a ``significant regulatory
action'' under the Unfunded Mandates Reform Act. The changes
implemented in this rule do not require anything of any non-Federal
governmental entity.
Executive Order 12630, Takings
In accordance with Executive Order 12630, the rule does not have
takings implications. A takings implication assessment is not required.
This rule does not substantially change BLM policy. Nothing in this
rule constitutes a taking. The Federal Courts have heard a number of
suits challenging the imposition of the rental and maintenance fees as
a taking of a right, or, alternatively, as an unconstitutional tax. The
Courts have upheld the 1992 and 1993 Acts and the BLM rules as a proper
exercise of Congressional and Executive authorities.
Executive Order 12612, Federalism
In accordance with Executive Order 12612, BLM finds that the rule
does not have significant Federalism effects. A Federalism assessment
is not required. This rule does not change the role or responsibilities
between Federal, State, and local governmental entities, nor does it
relate to the structure and role of States or have direct, substantive,
or significant effects on States.
Executive Order 12988, Civil Justice Reform
In accordance with Executive Order 12988, BLM finds that the rule
does not unduly burden the judicial system and therefore meets the
requirements of sections 3(a) and 3(b)(2) of the Order. BLM consulted
with the Department of the Interior's Office of the Solicitor
throughout the drafting process.
Paperwork Reduction Act
The Office of Management and Budget has approved the information
collection requirements in the proposed rule under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501 et seq., and has assigned
clearance number 1004-0114.
This rule does not require a new information collection under the
Paperwork Reduction Act. However, the existing OMB approval of the
information collection under ICB 1004-0114 expires in September 1999.
Therefore, BLM is applying for renewal of the approval at this time,
using this proposed rule as an opportunity to notify the public. This
is necessary because this rule proposes to change the numbering of the
regulations in certain respects, and simply renewing the existing
approval without change would lead to confusion and misapprehension.
BLM has prepared an OMB form 83-I, which has been approved by the
Office of Policy Analysis, Department of the Interior. This rule makes
no changes to the approved information collection required to implement
the Act other than conforming section numbers where necessary.
The existing approval pertains to the current edition of these
regulations at 43 CFR parts 3730, 3820, 3830, and 3850. This proposed
rule consolidates these parts into 43 CFR part 3830. The information to
be collected remains the same. There are no changes in the form or
types of information to be collected, or in the amounts of fees
required to be paid by the mining claimants. The BLM will continue to
use form 3830-2 ``Maintenance Fee Payment Waiver Certification'' and
form 3814-4 ``Notice of Intent to Locate a Lode or Placer Mining Claim
and/or a Tunnel Site(s) on Lands Patented Under the Stockraising
Homestead Act of 1916, as amended by the Act of April 16, 1993.'' Form
number 3814-4 will be renumbered as form 3830-3 with no other changes.
The revision and consolidation effort affects the numbering system of
the regulations and therefore the form as well.
National Environmental Policy Act
We have analyzed this rule in accordance with the criteria of the
National Environmental Policy Act and 318 DM 2.2(g) and 6.3(D). Since
no substantial changes are proposed, this rule does not constitute a
major Federal action significantly affecting the quality of the human
environment.
Because this rule does not substantially change BLM's overall
management objectives or environmental compliance requirements, it
would have no impact or only marginally affect, the following critical
elements of the human environment as defined in Appendix 5 of the BLM
National Environmental Policy Act Handbook (H-1790-1): Air quality,
areas of critical environmental concern, cultural resources, Native
American religious concerns, threatened or endangered species,
hazardous or solid waste, water quality, prime and unique farmlands,
wetlands, riparian zones, wild and scenic rivers, environmental
justice, and wilderness.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951) and 512 DM 2, we have considered the impact
of this rule on the interests of Tribal governments. Because this rule
does not specifically involve Indian reservation lands, we believe that
the government-to-government relationships will remain unaffected.
The principal author of this proposed rule is Roger Haskins in the
Solid Minerals Group, assisted by Ted Hudson in the Regulatory Affairs
Group, Washington Office, BLM.
List of Subjects
43 CFR Part 3730
Administrative practice and procedure; Mines; Public lands--mineral
resources; Reporting and recordkeeping requirements; Surety bonds.
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 Part 3830
Maintenance fees; Mines; Public lands--mineral resources; Reporting
and recordkeeping requirements.
43 CFR Part 3831
Mines; Public lands--mineral resources; Reporting and recordkeeping
requirements.
43 CFR Part 3832
Mines; Public lands--mineral resources; Reporting and recordkeeping
requirements.
43 CFR Part 3833
Mines; Public lands--mineral resources; Reporting and recordkeeping
requirements.
43 CFR Part 3834
Maintenance fees; Mines; Public lands--mineral resources; Reporting
and recordkeeping requirements.
[[Page 47031]]
43 CFR Part 3835
Mines; Public lands--mineral resources; Reporting and recordkeeping
requirements.
43 CFR Part 3836
Assessment work; Mines; Public lands--mineral resources; Reporting
and recordkeeping requirements.
43 CFR Part 3837
Assessment work; Mines; Public lands--mineral resources; Reporting
and recordkeeping requirements.
43 CFR Part 3838
Homesteads; Mines; Public lands--mineral resources; Reporting and
recordkeeping requirements.
43 CFR Part 3839
Mines; Public lands--mineral resources; Reporting and recordkeeping
requirements.
43 CFR Part 3840
Mines; Public lands--mineral resources.
43 CFR Part 3850
Mines; Public lands--mineral resources.
For the reasons stated in the preamble, and under the authority of
section (e) of the Act of October 21, 1998 (Pub. L. 105-277; 112 Stat.
2681-232, 2681-235); sections 441 and 2478 of the Revised Statutes, as
amended (43 U.S.C. 1201 and 1457); section 2319 of the Revised
Statutes, as amended (30 U.S.C. 22); sections 310 and 314 of the
Federal Land Policy and Management Act of 1976, as amended (43 U.S.C.
1740 and 1744); and the Act of April 16, 1993 (43 U.S.C. 299(b)); parts
3730, 3810, 3820, 3830, 3840, and 3850, Groups 3700 and 3800,
Subchapter C, Chapter II of Title 43 of the Code of Federal Regulations
are proposed to be amended as follows:
PART 3710--PUBLIC LAW 167; ACT OF JULY 23, 1955
1. Add an authority citation for part 3710 to read as follows:
Authority: 30 U.S.C. 22 et seq.; 30 U.S.C. 611-615; 43 U.S.C.
1201; 43 U.S.C. 1740.
PART 3730--PUBLIC LAW 359; MINING IN POWERSITE WITHDRAWALS: GENERAL
2. Revise the authority citation for part 3730 to read as follows:
Authority: 30 U.S.C. 22 et seq.; 30 U.S.C. 28f-k; 30 U.S.C. 621-
625; 43 U.S.C. 1201; 43 U.S.C. 1740; 43 U.S.C. 1744.
Subpart 3734--Location and Assessment Work
Sec. 3734.1 [Amended]
3. Amend Sec. 3734.1 as follows:
a. By removing in line nine of paragraph (a) the citation
``Secs. 3833.1, 3833.3, 3833.4, and 3833.5'' and substituting the
citation ``part 3833'';
b. By removing in line 12 of paragraph (a) the citation ``subpart
3833'' and substituting the citation ``part 3830'';
c. By removing in line 18 of paragraph (a) the citation
``Sec. 3833.5(c)'' and adding ``part 3833'';
d. By removing in line 4 of paragraph (c) the word ``shall'' and
adding the words ``may choose to either'';
e. By removing in line 6 of paragraph (c) the citation
``Sec. 3833.0-5(u)'' and adding the citation ``part 3835'';
f. By adding in line 7 of paragraph (c) a semi-colon ``;'' after
the word ``title''; and
g. By removing the number ``3833'' in the last line of paragraph
(c) and adding the number ``3834''.
PART 3810--LANDS AND MINERALS SUBJECT TO LOCATION
4. The authority citation for part 3810 continues to read as
follows:
Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 1201; 43 U.S.C. 1740.
Subpart 3812--Minerals Under the Mining Laws [Removed]
5. Remove subpart 3812 in its entirety.
PART 3820--AREAS SUBJECT TO SPECIAL MINING LAWS
6. Revise the authority citation for part 3820 to read as follows:
Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 1201; 43 U.S.C. 1740;
62 Stat. 162.
Subpart 3821--O and C Lands
Sec. 3821.2 [Amended]
7. Amend Sec. 3821.2 as follows:
a. By removing in lines eight and nine the citations
``Secs. 3833.1, 3833.3, 3833.4, and 3833.5'' and adding the citation
``part 3833'';
b. By removing in line 12 the citation ``subpart 3833'' and adding
the citation ``part 3830 through part 3839''; and
c. By removing the phrase ``3833.5 of this title'' in line 18 and
adding the phrase ``part 3833 of this chapter.''
Sec. 3821.3 [Amended]
8. Amend Sec. 3821.3 as follows:
a. By removing in line 3 the word ``shall'' and inserting the word
``may either'' in its place;
b. By removing in line 5 the comma ``,'' after the word ``work''
and adding the phrase ``if qualified as a small miner under part 3835
of this title,'; and
c. By removing in the last line the phrase ``subpart 3833 of this
title'' and adding the phrase ``part 3834 of this chapter.''
9.-10. Revise part 3830 to read as follows:
PART 3830--LOCATING, RECORDING, AND MAINTAINING MINING CLAIMS OR
SITES; GENERAL PROVISIONS
Sec.
Subpart A--Introduction
3830.1 What is the purpose of this part?
3830.2 What is the scope of these regulations?
3830.3 Who may locate mining claims?
3830.5 Definitions.
Subpart B--Providing Information to BLM
3830.8 How will BLM use the information it collects and what does
it estimate the burden on the public to be?
3830.9 What will happen if I file a document with BLM that I know
contains false, erroneous, or fictitious information or statements?
Subpart C--Mining Law Minerals
3830.10 Locatable minerals.
3830.11 Which minerals are locatable under the mining law?
3830.12 What are characteristics of a locatable mineral?
Subpart D--BLM Service Charge and Fee Requirements
3830.20 Payments of service charges, location fees, initial
maintenance fees, annual maintenance fees, and oil shale fees.
3830.21 What are the different types of charges and fees?
3830.22 Will BLM refund service charges and fees?
3830.23 What type of payment will BLM accept?
3830.24 How do I make payments?
3830.25 When do I pay for recording a new notice or certificate of
location for a mining claim or site?
Subpart E--Failure To Comply With This Part
3830.90 Failure to comply with the regulations in this part.
3830.91 What happens if I fail to comply with the requirements in
this part?
3830.92 What special provisions apply to oil placer mining claims?
3830.93 When are defects curable?
3830.94 How do I cure a defect in my compliance with the
requirements in this part?
3830.95 What if I pay only part of the service charges, location
fees, oil shale fees, or maintenance fees?
3830.96 What if I pay only part of the service charges and fees for
previously-recorded mining claims or sites?
[[Page 47032]]
Subpart F--Appeals
3830.100 How do I appeal a final decision by BLM?
Authority: 43 U.S.C. 2, 1201, 1740, 1744; 30 U.S.C. 22 et seq.;
30 U.S.C. 611; 31 U.S.C. 9701; 43 U.S.C. 1457; 18 U.S.C. 1001, 3571;
sec. (e) of Pub. L. 105-277, 112 Stat. 2681-232, 2681-235; 44 U.S.C.
3501 et seq.; 30 U.S.C. 242.
Subpart A--Introduction
Sec. 3830.1 What is the purpose of this part?
(a) This part introduces you to the regulations that describe the
steps you as a mining claimant must take to locate, hold, maintain, and
transfer a lode or placer mining claim, mill site, or tunnel site
located on the Federal lands under Federal law. These regulations are
in this part and parts 3831 through 3839 of this chapter (hereinafter
``these regulations'').
(b) These regulations do not provide guidance on State law. In
addition to these regulations, there are State law requirements that
will apply to you.
Sec. 3830.2 What is the scope of these regulations?
These regulations govern all mining claims, mill sites, and tunnel
sites on Federal land and units of the National Park System.
(a) You must follow the recording and maintenance requirements in
these regulations even if BLM has actual knowledge of the existence of
your mining claims or sites through other means.
(b) Part 3838 of this chapter describes supplemental procedures for
locating mining claims or sites on land subject to the Stockraising
Homestead Act, 43 U.S.C. 291-299.
Sec. 3830.3 Who may locate mining claims?
Persons qualified to locate mining claims or sites under these
regulations include:
(a) United States citizens who have reached the age of discretion,
under the law of the State of residence;
(b) Legal immigrants who have declared their intention to become a
citizen;
(c) Corporations organized under the laws of any State; or
(d) Duly constituted and appointed agents acting on behalf of
qualified locators.
Sec. 3830.5 Definitions.
Aliquot part means a legal subdivision of a section of a township
and range, except fractional lots, by division into halves or quarters.
The smallest non-lotted aliquot part that BLM will recognize is a two-
and-a-half-acre parcel.
Amended location means a location that amends an earlier valid
location as described further in Sec. 3833.21 of this chapter.
Annual FLPMA filing means either a notice of intent to hold, or an
affidavit of assessment work, as prescribed in section 314(a) of FLPMA
(43 U.S.C. 1744(a)). The term proof of labor means the same as
``affidavit of assessment work'' as used in this part.
Assessment year means a period of 12 consecutive months beginning
at 12:00 noon on September 1 each year.
Bench placer claim means a placer mining claim located on gravel
and sediment benches on the valley wall above the current riverbed
created when the river previously was at a higher topographic level
than now.
BLM State Office means the Bureau of Land Management State Office
listed in Sec. 1821.2-1(d) of this chapter having jurisdiction over the
land in which the mining claims or sites are situated. The Northern
District Office in Fairbanks may also receive and record documents,
filings, and fees for mining claims or sites in Alaska.
Claimant means the person, under State or Federal law, who holds
all or any part of an unpatented mining claim or site.
Closed to mineral entry means the land is not available for the
location of mining claims or sites under the General Mining Law.
Control means actual control, legal control, or 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. BLM may consider a stockholder who is not
an officer or director, or who is not a majority shareholder, of a
publicly traded company or corporation to exercise control as defined
in this regulation upon an adequate factual demonstration.
Copy of the official record means a legible duplicate, except
microfilm, of the document filed under State law in the local
jurisdiction where the mining claims or sites are located.
Federal lands means any lands or interest in lands owned by the
United States, subject to location under the General Mining Law
including, but not limited to, those lands within forest reservations
in the National Forest System and wildlife refuges in the National
Wildlife Refuge System, but excluding those lands within the units of
the National Park System.
File or filed means that a document is received and date stamped by
the BLM State Office during official business hours.
Filing period means the time period established in law or
regulation during which you must provide documents and fees to the BLM
State Office. If the last day of the filing period falls on a day when
the office is officially closed, a document received the next day the
office is open to the public is filed within the filing period. A
document is filed on time if it is postmarked or clearly identified as
being transmitted on or before the due date by a bona fide mail
delivery service and received by the BLM State Office within 15
calendar days after the due date.
FLPMA means the Federal Land Policy and Management Act of 1976, as
amended (43 U.S.C. 1701 et seq.).
Forfeit or forfeiture means the voidance or invalidation of an
unpatented mining claim or site. The terms ``abandoned and void'',
``null and void'' and ``forfeited'' mean the same thing.
General Mining Law means the Act of May 10, 1872, as amended,
(codified as 30 U.S.C. 22-54).
Gulch placer claim means a placer claim located on the bed of a
river contained within steep, non-mineral canyon walls. The form of the
river valley and non-mineral character of the valley walls preclude the
location of the claim by aliquot parts and a metes and bounds
description is necessary.
Local recording office means the county or State government office
established under State law where all legal documents, deeds, wills,
etc., are required to be recorded before they are given legal effect.
Location fee means the one-time fee required by 30 U.S.C. 28g for
all new mining claims and sites at the time BLM records them.
Metes and bounds means a method of describing a parcel of land by
using compass bearings and distances from a known point to a specified
point on the parcel and then by using a continuous and sequential set
of compass bearings and distances beginning at the point of beginning,
continuing along and between the corners or boundary markers of the
parcel's outer perimeter, until returning to the point of beginning.
Maintenance fee means the initial or annual fee required by 30
U.S.C. 28f to hold and maintain mining claims or sites.
Mineral-in-character means the land is known, or can be reasonably
inferred from the available geologic evidence, to contain valuable
minerals subject to location under the General Mining Law.
Mineral land means the same as mineral-in-character.
Mineral Leasing Acts means the Mineral Leasing Act of February 25,
[[Page 47033]]
1920, as amended (30 U.S.C. 181 et seq.); the Geothermal Steam Act of
1970, as amended (30 U.S.C. 1001 et seq.); the Acquired Land Leasing
Act of 1947 (30 U.S.C. 351 et seq.); and as further defined in 30
U.S.C. 505. The definition pertains to all minerals that BLM
administers under Groups 3100, 3200, 3400, and 3500 of this chapter.
Mineral materials means those materials that may be sold under the
Mineral Materials Act of July 31, 1947 (30 U.S.C. 601-604), as amended
by the Surface Resources Act of 1955 (30 U.S.C. 601, 603, and 611-615)
and administered under parts 3600, 3610, and 3620 of this chapter.
Multiple Mineral Development Act means the Act of August 13, 1954
(30 U.S.C. 521-531).
Open to mineral entry means that the land is open to the location
of mining claims or sites under the General Mining Law.
Patent means a document conveying title to Federal land.
Related party means:
(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.
Segregate or segregation means the Department of the Interior has
removed the affected lands from mining claim location and entry, land
transactions, or other uses as specified in the statute or regulation
authorizing the segregation of the land in question. The land remains
segregated until the statutory period has expired or the Department of
the Interior removes the notation of segregation from its records,
whichever occurs first.
Service charge means an administrative fee that BLM assesses to
cover the cost of processing documents that this part requires to be
filed and processed.
Site means either an unpatented mill site authorized under 30
U.S.C. 42 or a tunnel site authorized under 30 U.S.C. 27.
Small miner means a claimant who, along with all related parties,
holds no more than 10 mining claims or sites on Federal lands on the
date annual maintenance fees are due, and meets the additional
requirements of part 3835 of this chapter.
Split estate lands means that the United States has conveyed the
surface estate to another person and retained the mineral estate.
Surface Resources Act means the Act of July 23, 1955 (30 U.S.C.
601, 603, and 611-615).
Unpatented mining claim means a lode mining claim or a placer
mining claim located and held under the General Mining Law for which a
mineral patent has not been issued under 30 U.S.C. 29.
Subpart B--Providing Information to BLM
Sec. 3830.8 How will BLM use the information it collects and what does
it estimate is the burden on the public?
(a) The Office of Management and Budget has approved the
collections of information contained in this part 3830 under 44 U.S.C.
3501 et seq. and has assigned clearance number 1004-0114.
(b) BLM will use the information collected to:
(1) Keep records of mining claims or sites;
(2) Maintain ownership records to those mining claims or sites;
(3) Determine the geographic location of the mining claims or sites
recorded for proper land management purposes; and
(4) Determine which mining claims or sites the claim holders wish
to continue to hold under applicable Federal statutes.
(c) BLM estimates that the public reporting burden for this
information averages 8 minutes per response. This burden includes time
for reviewing instructions, searching existing records, gathering and
maintaining the data collected, and completing and reviewing the
information collected.
(d) Send any comments on information collection, including your
views on the burden estimate and how to reduce the burden, to: the
Information Collection Clearance Officer (DW 101), Bureau of Land
Management, Denver Federal Center, Building 40, P.O. Box 25047,
Lakewood, CO, 80225-0047; and the Office of Management and Budget,
Paperwork Reduction Project, 1004-0114, Washington, DC 20503.
Sec. 3830.9 What will happen if I file a document with BLM that I know
contains false, erroneous, or fictitious information or statements?
You may be subject to criminal penalties under 18 U.S.C. 1001 and
43 U.S.C. 1212. The maximum penalty is 5 years in prison and/or a fine
of $250,000.
Subpart C--Mining Law Minerals
Sec. 3830.10 Locatable minerals.
Sec. 3830.11 Which minerals are locatable under the mining law?
Minerals are locatable if they are:
(a) Subject to the General Mining Law;
(b) Not leasable under the Mineral Leasing Acts; and
(c) Not salable under the Mineral Materials Act of 1947 and Surface
Resources Act of 1955, 30 U.S.C. 601-615 (see part 3600 et seq. of this
chapter).
Sec. 3830.12 What are characteristics of a locatable mineral?
(a) Minerals are locatable if they are:
(1) Recognized as a mineral by the scientific community;
(2) Found on Federal lands open to mineral entry; and
(3) Found in a quantity and quality to constitute a valuable
mineral deposit. A claimant has discovered a valuable deposit of
locatable minerals if there is a reasonable prospect of success in--
(i) Developing a valuable mine; and
(ii) Making a profit on the sale of the minerals contained in the
deposit being mined.
(b) Under the Surface Resources Act, certain varieties of mineral
materials are locatable if they are uncommon because they have a
distinct and special value.
(1) A distinct and special value is determined by:
(i) Comparing the mineral deposit in question with other deposits
of that mineral, and
(ii) Finding a unique physical property in the mineral deposit.
(2) If the use for the mineral is ordinary, the deposit must have
some distinct and special value for that use.
(3) The distinct and special value must be reflected by the
mineral's higher price in the marketplace, or the reduced cost of its
mining so that the claimant's profit is substantially greater.
(c) Block pumice having one dimension of 2 or more inches is an
uncommon variety of mineral material under the Surface Resources Act.
Subpart D--BLM Service Charge and Fee Requirements
Sec. 3830.20 Payment of service charges, location fees, initial
maintenance fees, annual maintenance fees and oil shale fees.
Sec. 3830.21 What are the different types of charges and fees?
The following table lists BLM's service charges, maintenance fees,
location fees, and oil shale fees (all cross-references refer to this
chapter):
[[Page 47034]]
------------------------------------------------------------------------
Amount due per mining
Transaction claim or site Waiver available
------------------------------------------------------------------------
(a) Recording a mining claim (1) A total of $135, No.
or site location (part 3833). including:.
(i) A $10 service .................
charge.
(i) A one-time $25 .................
location fee.
(iii) An initial $100 .................
maintenance fee.
------------------------------------------------------------------------
(b) Amending a mining claim or A $5 service charge.. No.
site location (Sec. 3833.20).
------------------------------------------------------------------------
(c) Transferring a mining A $5 service charge.. No.
claim or site (Sec. 3833.30).
------------------------------------------------------------------------
(d) Maintaining a mining claim $100 annual Yes, see Part
or site for one assessment maintenance fees. 3835.
year (part 3834).
------------------------------------------------------------------------
(e) Recording an annual filing A $5 service charge.. No.
(Sec. 3835.30).
------------------------------------------------------------------------
(f) Submitting petition for A $25 service charge. No.
deferment of assessment work
(Sec. 3836.30).
------------------------------------------------------------------------
(g) Maintaining an oil shale Annual $550 fees..... No.
placer mining claim (Sec.
3834.12).
------------------------------------------------------------------------
(h) Recording a notice of A $25 service charge. No.
intent to locate mining
claims on Stockraising
Homestead Act Lands (part
3838).
------------------------------------------------------------------------
Sec. 3830.22 Will BLM refund service charges and fees?
(a) BLM will not refund service charges.
(b) BLM will refund maintenance and location fees if:
(1) At the time you or your predecessor in interest located the
mining claim or site, the location was on land not open to mineral
entry or otherwise not available for mining claim or site location, or
(2) At the time you paid the fees, the mining claim or site was
void.
Sec. 3830.23 What type of payment will BLM accept?
(a) BLM will accept the following types of payments:
(1) U.S. currency;
(2) Postal money order payable to the Department of the Interior--
Bureau of Land Management;
(3) Check or other negotiable instrument payable in U.S. dollars to
the Department of the Interior--Bureau of Land Management;
(4) Valid credit card that is acceptable to the BLM; or
(5) An authorized debit from a declining deposit account with BLM.
(i) You may maintain a declining deposit account with the BLM State
Office where your mining claims or sites are recorded.
(ii) BLM will deduct service charges and fees or add overpayments
to the account only with your authorization.
(b) If you use a credit card--
(i) You must send or fax a written authorization, bearing your
signature, to use your credit card; or
(ii) You may authorize BLM to use your credit card by telephone if
you can satisfactorily establish your identity.
(c) If the issuing institution of your check, negotiable
instrument, or credit card refuses to pay and it is not because it made
a mistake, BLM will treat the service charges and fees as unpaid.
Sec. 3830.24 How do I make payments?
(a) You may bring payments to the BLM State Office by close of
business on or before the due date; or
(b) You may send payments using a bona fide mail delivery service.
(1) The payment must be postmarked or clearly identified by the
mail delivery service as being sent on or before the due date; and
(2) The BLM State Office must receive the payment no later than 15
calendar days after the due date.
Sec. 3830.25 When do I pay for recording a new notice or certificate
of location for a mining claim or site?
You must pay the service charge, location fee, and initial
maintenance fee, in full, as provided in Sec. 3830.21 at the time you
record new notices or certificates of location.
Subpart E--Failure To Comply With This Part
Sec. 3830.90 Failure to comply with the regulations in this part.
Sec. 3830.91 What happens if I fail to comply with the requirements in
this part?
(a) You will forfeit your mining claims or sites if you fail to
comply with any of the requirements in this part, unless the defect is
curable and you comply with the procedures in Secs. 3830.93 through
3830.960.
(b) Even if you forfeit your mining claims or sites, you remain
responsible for--
(1) All reclamation and performance requirements imposed by parts
3802, 3809, or 3814 of this chapter; and
(2) All other legal responsibilities imposed by other agencies or
parties who have management authority over surface or subsurface
operations.
Sec. 3830.92 What special provisions apply to oil placer mining
claims?
(a) Under 30 U.S.C. 188(f), you, as an oil placer mining claimant,
may seek to convert an oil placer mining claim to a noncompetitive oil
and gas lease under section 17(e) of the Mineral Leasing Act (30 U.S.C.
226(e)), if:
(1) BLM declared your oil placer mining claim abandoned and void
under section 314 of FLPMA;
(2) Your failure to comply with section 314 of FLPMA was
inadvertent, justifiable, or not due to lack of reasonable diligence;
(3) You or your predecessors in interest validly located the
unpatented oil placer mining claim before February 24, 1920;
(4) The claim has been or is currently producing or is capable of
producing oil or gas; and
(5) You have filed a petition for issuance of a noncompetitive oil
and gas lease, together with the required rental and royalty, including
back rental and royalty accruing from the statutory date of abandonment
of the oil placer mining claim.
(b) If BLM chooses to issue a noncompetitive oil and gas lease, the
lease will be effective on the date that BLM declared your unpatented
oil placer mining claim abandoned and void.
[[Page 47035]]
Sec. 3830.93 When are defects curable?
(a) If there is a defect in your compliance with a requirement
imposed by statute, the defect is incurable if the statute does not
give the Secretary authority to permit exceptions. If your payment or
filing has incurable defects, the affected mining claims or sites are
statutorily forfeited.
(b) If there is a defect in your compliance with requirements
imposed by regulation, but not by statute, the defect is curable. You
may correct curable defects when BLM gives you notice. If you fail to
cure the defect within the time BLM allows, you will forfeit your
mining claims or sites.
(c) Your mining claims or sites are null and void from the
beginning under the General Mining Law if you locate on lands withdrawn
from mineral entry at the time of location. You cannot cure this
defect.
Sec. 3830.94 How do I cure a defect in my compliance with the
requirements in this part?
(a) (1) BLM will send a notice to you by certified mail'-return
receipt requested at the address given--
(i) On your notice or certificate of location,
(ii) On an address correction you have filed with BLM, or (iii) on
a valid transfer document filed with BLM.
(2) The notice provided for in paragraph (a)(1) of this section
constitutes legal service even if you do not actually receive the
notice or decision.
(b) If you have filed a defective document or an incomplete
payment, other than a defective fee waiver request, you must cure the
defects within 30 days of receiving BLM notification of the defects.
(c) If you have filed a defective fee waiver request, you must cure
the defects or pay the annual maintenance fees within 60 days of
receiving BLM notification of the defects.
(d) If BLM does not receive the requested information in the time
allowed, or if the matter is statutorily not curable, you will receive
a final decision from BLM that you forfeited the affected mining claims
or sites.
Sec. 3830.95 What if I pay only part of the service charges, location
fees, oil shale fees, or maintenance fees?
(a) If you pay only part of the service charges, maintenance fees,
or location fees when recording new claims or sites, BLM will--
(1) Assign serial numbers to each mining claim or site or petition
for deferment of assessment work in the order it is received; and
(2) Apply the partial payment to the mining claims or sites or
petitions in serial number order until the money runs out. For example,
BLM will apply the money to cover as many complete costs as possible
per mining claim or site, including the service charge, the location
fee and the initial maintenance fee per claim or site.
(b) If you have submitted insufficient funds for recording new
claims or sites and want to resubmit the new location notices or
certificates with the proper payment of the required fees, you must do
so within 90 days of the original date of location of the claim or site
as defined under State law or the affected mining claims or sites will
be forfeited.
(c) BLM will not record your mining claims or sites until you pay
the full amount of all charges and fees for those claims or sites.
(d) For notices of intent to locate mining claims (NOITL) under the
Stockraising Homestead Act (see part 3838 of this chapter for
information regarding the Stockraising Homestead Act and NOITLs), BLM
will not accept a NOITL that is filed without the required service
charges. BLM will return the NOITL to you without taking any further
action. See Sec. 3830.21 of this part for the amount of the service
charge for a NOITL.
Sec. 3830.96 What if I pay only part of the service charges and fees
for previously-recorded mining claims or sites?
(a) If you pay only part of the service charges due for document
filings or only part of the annual maintenance or oil shale fees for
previously recorded mining claims or sites, BLM will apply the partial
payment in serial number order until the money runs out.
(b) For any claims or sites for which there are no funds in your
partial payment to pay the service charges, maintenance fees, oil shale
fees, or location fees, you will forfeit the mining claims or sites not
covered by your partial payment unless you submit the additional funds
necessary to complete the full payment by the due date.
Subpart F--Appeals
Sec. 3830.100 How do I appeal a final decision by BLM?
If you are adversely affected by a BLM decision, you may appeal the
decision in accordance with parts 4 and 1840 of this title.
PART 3831--MINERAL LANDS AVAILABLE FOR THE LOCATION OF MINING
CLAIMS OR SITES [RESERVED]
11. Add and reserve part 3831.
12. Add part 3832 to read as follows:
PART 3832--LOCATING MINING CLAIMS OR SITES
Sec.
3832.1 What does it mean to locate mining claims or sites?
Subpart A--Locating Mining Claims or Sites
3832.10 Procedures for locating mining claims or sites.
3832.11 How do I locate mining claims or sites?
3832.12 When I record a mining claim or site, how do I describe the
lands I have claimed?
Subpart B--Types of Mining Claims
3832.20 Lode and placer mining claims.
3832.21 How do I locate a lode or placer claim?
3832.22 How much land may I include in my mining claim?
Subpart C--Mill Sites
3832.30 Mill sites.
3832.31 What is a mill site?
3832.32 How much land may I include in my mill site?
3832.33 How do I locate a mill site?
3832.34 What must I use my mill site for?
Subpart D--Tunnel Sites
3832.40 Tunnel sites.
3832.41 What is a tunnel site?
3832.42 How do I locate a tunnel site?
3832.43 How may I use a tunnel site?
3832.44 Do I have rights to any minerals within a tunnel site I
have located?
3832.45 How do I obtain any minerals discovered within a tunnel
site I have located?
Subpart E--Defective Locations
3832.90 Defects in the location of mining claims and sites.
3832.91 May I amend a mining claim or site location if it exceeds
the size limitations in this part?
Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 2, 1201, 1457, 1744.
Sec. 3832.1 What does it mean to locate mining claims or sites?
(a) Locating a mining claim or site means:
(1) Discovering a valuable mineral deposit;
(2) Establishing the exterior lines of a mining claim or site on
lands open to mineral entry to identify the exact land claimed; and
(3) Recording a notice or certificate of location as required by
State and Federal law and by this part.
(b) You will find--
(1) Location requirements in this part;
(2) Recording requirements in part 3833 of this chapter;
(3) Requirements for transferring an interest in a mining claim or
site in Sec. 3833.30 of this chapter; and
[[Page 47036]]
(4) Annual fee requirements for mining claims and sites in parts
3834, 3835, and 3836 of this chapter.
Subpart A--Locating Mining Claims and Sites
Sec. 3832.10 Procedures for locating mining claims or sites.
Sec. 3832.11 How do I locate mining claims or sites?
(a) You must follow both State and Federal law.
(b) You must--
(1) Discover a valuable mineral deposit before locating a lode or
placer claim;
(2) Stake and monument the corners of a mining claim or site which
meets the size limitations described in Sec. 3832.22 of this part;
(3) Post public notice of location on the claim or site which must
include:
(i) The name or names of the locators;
(ii) The date of the location; and
(iii) A description of the claim or site located;
(4) Record the public notice or certificate of location in the
local recording office and the BLM State Office with jurisdiction
according to the procedures in part 3833;
(5) Follow all other relevant State law requirements; and
(6) Comply with the specific requirements for lode claims, placer
claims, mill sites, or tunnel sites in this part.
Sec. 3832.12 When I record a mining claim or site, how do I describe
the lands I have claimed?
(a) General requirements. (1) You must describe the land by State,
meridian, township, range, and section by aliquot part within the
quarter section. Use an official survey plat or other U.S. Government
map which is based on a surveyed or protracted U.S. Public Land Survey
System in order to obtain this land description. If you cannot describe
the land by aliquot part, you must provide a metes and bounds
description that fixes the position of the claim corners with respect
to a specified claim corner, discovery monument, or official survey
monument. In all cases, your description of the land must be as compact
and regular in form as reasonably possible and should conform to the
U.S. Public Land Survey System and its rectangular subdivisions as much
as possible.
(2) You must file a topographical map published by the U.S.
Geological Survey with a depiction of the claim or site. As an
alternative, you may file a narrative or sketch describing the claim or
site and referencing a tie to a natural object, permanent monument or
topographic, hydrographic, or man-made feature. You must show or
describe the boundaries and position of the individual claim or site by
aliquot part within the quarter section accurately enough for BLM to
identify the mining claims or sites on the ground.
(i) You may show more than one claim or site on a single map or
describe more than one claim or site in a single sketch--
(A) If they are located in the same general area; and
(B) If the individual mining claims or sites are clearly
identified.
(ii) You are not required to employ a professional surveyor or
engineer.
(b) Lode claims. You must describe lode claims by metes and bounds
beginning at the discovery point on the claim and including a reference
to natural objects or permanent monuments including:
(1) Township and section survey monuments;
(2) Official U.S. mineral survey monuments;
(3) Monuments of the National Geodetic Reference System;
(4) The confluence of streams or point of intersection of well-
known gulches, ravines, or roads, prominent buttes, and hills; or
(5) Adjoining claims or sites.
(c) Placer claims. (1) You must describe placer claims by aliquot
part and complete lots using the U.S. Public Land Survey System and its
rectangular subdivisions except when placer claims--
(i) Are on unsurveyed Federal lands;
(ii) Are gulch or bench placer claims; or
(iii) Are bounded by other mining claims or non-mineral lands.
(2) For placer mining claims that are on unsurveyed Federal lands
or are gulch or bench placer claims:
(i) You must describe the lands by protracted survey if the BLM has
a protracted survey of record; or
(ii) You may describe the lands by metes and bounds, if a
protracted survey is not available or if the land is not amenable to
protraction.
(3) If you are describing an association placer claim by metes and
bounds, you must meet the following requirements, as described in Snow
Flake Fraction Placer, 37 L.D. 250 (1908):
(i) A location by one or two persons must fit within the exterior
boundaries of a square 40-acre tract;
(ii) A location by three or four persons must fit within the
exterior boundaries of two square 40-acre contiguous tracts;
(iii) A location by five or six persons must fit within the
exterior boundaries of three square contiguous 40-acre tracts; and
(iv) A location by seven or eight persons must fit within the
exterior boundaries of four square contiguous 40-acre tracts.
Subpart B--Types of Mining Claims
Sec. 3832.20 Lode and placer mining claims.
Sec. 3832.21 How do I locate a lode or placer claim?
(a) Lode claims. (1) You may locate a lode claim if you have
discovered a valuable mineral deposit that:
(i) Occurs as veins, lodes, or other rock in place;
(ii) Contains gold, silver, cinnabar, lead, tin, copper, zinc,
fluorite, barite, or other similar valuable mineral; and
(iii) Does not occur in bedded form or as placer, alluvial
(deposited by water), eluvial (deposited by wind), colluvial (deposited
by gravity), or aqueous deposits.
(2) If the minerals are contained within a vein, lode, or ledge and
extend through the sidelines of your lode claim, you have extra-lateral
rights to pursue the down-dip extension of the vein, lode, or ledge as
projected parallel to the end lines and outside the sideline boundaries
of your lode claim if--
(i) The long axis of the lode claim is substantially parallel to
the course of the vein, lode, or ledge; and
(ii) The top or apex of the vein, lode, or ledge lies within
vertical planes defined by the sidelines of the lode claim.
(3) You should determine, if possible, the general course of the
vein in either direction from the point of discovery in order to mark
the correct boundaries of the claim. You must expose the vein, lode, or
ledge by--
(i) Tracing the vein or lode on the surface; or
(ii) Drilling a hole, sinking a shaft, or running a tunnel or drift
to a sufficient depth.
(b) Placer claims. (1) You may locate a placer claim if:
(i) you have discovered a valuable mineral deposit that is not a
lode deposit,
(ii) each ten-acre aliquot part is mineral in character, and
(iii) the deposit is--
(A) River sands or gravels bearing gold or valuable detrital
minerals;
(B) Hosted in soils, alluvium (deposited by water), eluvium
(deposited by wind), colluvium (deposited by gravity), talus, or other
rock not in its original place;
(C) Bedded gypsum, limestone, cinders, pumice, and similar mineral
deposits; or
[[Page 47037]]
(D) A mineral-bearing brine not subject to the leasing acts where a
mineral otherwise subject to the General Mining Law is extracted.
(2) Some minerals must by law be located as placer mining claims,
including building stone deposits (30 U.S.C. 161) and petroleum claims
(oil placer claims) located before February 25, 1920.
(3) If you have located a building stone placer claim, oil placer
claim or saline placer claim, the lands on which you located the claim
must be chiefly valuable for the development of the discovered mineral
deposit.
Sec. 3832.22 How much land may I include in my mining claim?
(a) Lode claims. Lode claims must not exceed 1,500 by 600 feet.
Each lode claim is limited to a maximum of 1500 feet along the course
of the vein, lode, or ledge and a maximum of 300 feet in width on each
side of the middle of the vein, lode, or ledge.
(b) Placer claims. (1) An individual placer claim must not exceed
20 acres in size.
(2) An association placer claim must not exceed 20 acres per
locator with up to eight co-locators allowed in an association. For
example, three co-locators may jointly locate a 60-acre association
placer claim. You may not use the names of other persons as dummies to
locate an association placer claim for your own benefit.
Subpart C--Mill Sites
Sec. 3832.30 Mill sites.
Sec. 3832.31 What is a mill site?
A mill site is nonmineral land not contiguous to a vein or lode
that you can locate and use for activities reasonably incident to
mineral development on, or production from, the unpatented or patented
lode or placer claim with which it is associated.
(a) A dependent mill site is used for activities that support a
particular patented or unpatented lode or placer mining claim or group
of mining claims.
(b) An independent or custom mill site--
(1) Is not dependent on a particular mining claim but provides
milling or reduction processing for nearby lode mines or a lode mining
district;
(2) Is used to mill, process, and reduce either--
(i) Ores for other miners on a contractual basis, or
(ii) Ores that are purchased by the independent or custom mill site
holder.
Sec. 3832.32 How much land may I include in my mill site?
A mill site must not exceed 5 acres in size. You may locate more
than one mill site, so long as you do not locate more than an aggregate
of 5 acres of mill site land for each 20-acre parcel of patented or
unpatented placer or lode mining claims associated with that mill site
land, regardless of the number of lode or placer claims located in the
20-acre parcel.
Sec. 3832.33 How do I locate a mill site?
(a) You may locate a mill site in the same manner as a lode or
placer mining claim, except that--
(1) It must be on land that is not mineral in character, and
(2) You must use or occupy each two and a half acre portion of a
mill site in order for that portion of the mill site to be valid.
(b) If the United States does not own the surface estate of a
particular tract of land, you may not locate a mill site on that land.
Sec. 3832.34 What may I use my mill site for?
Dependent and independent mill sites may be used or occupied for:
(a) Placement of grinding, crushing, or milling and reduction
facilities (for example, smelting, electro-winning, roasters,
autoclaves, leachate recovery, and similar facilities);
(b) Mine administrative and support buildings, warehouses and
maintenance buildings, electrical plants and substations;
(c) Tailings ponds and leach pads;
(d) Rock and soil dumps;
(e) Water and process treatment plants; and
(f) Any other use that is reasonably incident to mine development
and operation, except for uses supporting reclamation or closure of a
mine.
Subpart D--Tunnel Sites
Sec. 3832.40 Tunnel sites.
Sec. 3832.41 What is a tunnel site?
A tunnel site is a subsurface right-of-way under Federal land open
to mineral entry. It is used for access to lode mining claims or to
explore for blind or undiscovered veins, lodes, or ledges not currently
claimed or known to exist on the surface.
Sec. 3832.42 How do I locate a tunnel site?
You may locate a tunnel site by:
(a) Erecting a substantial post, board, or monument at the face of
the tunnel, which is the point where the tunnel enters cover;
(b) Placing stakes or monuments on the surface along the boundary
lines of the tunnel at proper intervals from the face of the tunnel for
3,000 feet or to the end of the tunnel, whichever is shorter; and
(c) Placing a location notice or certificate on the post, board, or
monument that includes:
(1) The names of the claimants;
(2) The actual or proposed course or direction of the tunnel;
(3) The height and width of the tunnel; and
(4) The course and distance from the face or starting point to some
permanent well-known natural objects or permanent monuments, in the
same manner as required to describe a lode claim (see Sec. 3832.28(c)
of this part).
Sec. 3832.43 How may I use a tunnel site?
You may use the tunnel site for subsurface access to a lode claim
or to explore for and acquire previously unknown lodes, veins, or
ledges within the confines of the tunnel site.
Sec. 3832.44 Do I have rights to any minerals within a tunnel site I
have located?
(a) If you located your tunnel site in good faith, you have the
possessory right to any blind veins, ledges, or lodes cut, discovered,
or intersected by your tunnel if--
(1) They are located within a radius of 1,500 feet from the tunnel
axis; and
(2) They were not previously known to exist on the surface and
within the limits of your tunnel.
(b) Your site is protected from other parties making locations of
lodes within the sidelines of the tunnel and within the 3,000-foot
length of the tunnel, unless such lodes appear upon the surface or were
previously known to exist.
(c) You must diligently work on the tunnel site. If you fail to
work on it for more than six (6) consecutive months, you will lose your
right to all unclaimed, undiscovered veins, lodes, or ledges on your
tunnel site.
Sec. 3832.45 How do I obtain any minerals discovered within a tunnel
site I have located?
(a) Even if you have located the tunnel site, you must separately
locate a lode claim to acquire the possessory right to a blind vein,
lode, or ledge you have discovered within the boundaries of the tunnel
site sidelines.
(b) The date of location of your lode claim is retroactive to the
date of location of your tunnel site.
[[Page 47038]]
Subpart E--Defective Locations
Sec. 3832.90 Defects in the location of mining claims and sites.
Sec. 3832.91 How may I amend a mining claim or site location if it
exceeds the size limitations in this part?
(a) You may correct defects in your location of a mining claim or
mill site by filing an amended notice of location (see Sec. 3833.20 of
this chapter on conditions allowing amendments and how to record them.)
You may amend a mining claim or mill site only if it is oversized by 10
percent or less. However, a claim or site that exceeds statutory
maximum dimensions by more than 10 percent is void as of the date you
located it.
(b) For placer claims or mill sites located using an irregular
survey or lotting of irregular sections, you may use the ``Rule of
Approximation'' to determine allowable acreage. The Rule of
Approximation is the rule developed for determining maximum allowable
acreage for placer claims where the excess acreage is less than the
deficiency would be if the smallest legal subdivision is excluded from
the location or entry. The rule applies only to surveyed public lands.
In no case may the use of the rule result in obtaining acreage in
excess of what is allowable under the applicable law. (See Henry C.
Tingley, 8 Land Dec. 205 (1889)).
13. Add part 3833 to read as follows: '
PART 3833--RECORDING MINING CLAIMS AND SITES
Sec.
3833.1 Why must I record mining claims and sites?
Subpart A--Recording Process
3833.10 Procedures for recording mining claims and sites.
3833.11 How do I record mining claims and sites?
Subpart B--Amending Recorded Mining Claims and Sites
3833.20 Amending previously recorded mining claims and sites.
3833.21 When may I amend a recorded notice or certificate of
location?
3833.22 How do I record an amendment?
Subpart C--Recording Transfers
3833.30 Recording transfers of mining claims and sites.
3833.31 What is a transfer?
3833.32 How do I transfer a mining claim or site?
3833.33 What does BLM require me to do if I am the transferee of a
mining claim or site?
3833.34 How may I transfer, sell, or otherwise convey an
association placer mining claim?
Subpart D--Defective Records
3833.90 Defects in recordation and transfer of mining claims and
sites.
3833.91 What defects cannot be cured under this part?
3833.92 What happens if I do not record a transfer of interest on
time?
3833.93 What if BLM does not promptly notify me of a defect in my
recording or other status of my mining claim or site?
Authority: 43 U.S.C. 2, 1201, 1457, 1740, 1744; 30 U.S.C. 22 et
seq.; 30 U.S.C. 621-625; 62 Stat. 162, 112 Stat. 2681-235.
PART 3833--RECORDING MINING CLAIMS AND SITES
Sec. 3833.1 Why must I record mining claims and sites?
FLPMA requires you to record all mining claims and sites with BLM
and the local recording office in order to maintain a mining claim or
site under the General Mining Law.
(a) If you fail to record a mining claim or site by the 90th day
after the date of location, it is abandoned and void by operation of
law.
(b) Recording a mining claim or site, filing any other documents
with BLM, or paying fees or service charges, as required by this
chapter, does not make a claim or site valid if it is not otherwise
valid under applicable law. They also do not establish any property
rights for the claimant unless the claimant has complied with all
applicable law.
Subpart A--Recording Process
Sec. 3833.10 Procedures for recording mining claims and sites.
Sec. 3833.11 How do I record mining claims and sites?
(a) You must file in the BLM State Office and the local recording
office a copy of the official record, notice, or certificate of
location, whichever is required by State law, by the 90th day after the
date of location. If there is no such requirement under State law (as
in Arkansas), you must record a document with BLM and the local
recording office that contains the information required by this part.
(b) Your notice or certificate of location must include:
(1) The name or number, or both, of the claim or site;
(2) The names and current mailing addresses of the locators of the
claim;
(3) The type of claim or site;
(4) The date of location;
(5) A complete description of the lands you have claimed as
required in part 3832 of this chapter.
(c) When you record a notice or certificate of location, you must
pay a non-refundable service charge, location fee, and initial
maintenance fee as provided in Sec. 3830.21 of this chapter.
(d) When you record a mining claim or site as required by this
part, you still must comply with any other separate recording
requirements which may exist under other Federal law. However, notices
or certificates of location that you mark as being recorded under the
Act of April 8, 1948, or the Act of August 11, 1955, satisfy the
additional recording requirements of those Acts under subpart 3821 of
this chapter for O and C Lands and part 3730 of this chapter for
Powersite Withdrawals.
Subpart B--Amending Recorded Mining Claims and Sites
Sec. 3833.20 Amending previously recorded mining claims and sites.
Sec. 3833.21 When may I amend a recorded notice or certificate of
location?
(a) You may amend a recorded notice or certificate of location if--
(1) The original location is valid; and
(2) There are defects or omissions in the original notice or
certificate of location that you need to correct or clarify; or
(3) You need to correct the legal land description of the claim or
site, the mining claim name, or accurately describe the position of
discovery or boundary monuments or similar items; or
(4) You need to reposition the sidelines of your lode claim so that
they are parallel to the discovered lode, ledge, or vein, if there are
no intervening rights to the land.
(b) You may not amend a location to--
(1) Transfer any interest or add owners;
(2) Relocate or re-establish mining claims or sites you previously
forfeited or BLM declared void for any reason;
(3) Change the type of claim or site; or
(4) Enlarge the size of the mining claim or site.
(c) You may not amend legal descriptions or boundaries after the
land is closed to mineral entry, unless you are reducing the size of
the mining claim or site.
Sec. 3833.23 How do I record an amendment?
(a) You must record an amended location certificate with BLM within
90 days after amending the location. Failure to record an amended
location within this time conclusively constitutes abandonment of the
claim or site.
[[Page 47039]]
(b) You must pay a non-refundable service charge for each claim or
site amended. See the table of fees and service charges in Sec. 3830.21
of this chapter.
(c) An amended location notice is effective back to the original
location date. The amendment takes effect when you record it with the
local recording office under State law. However, we will not recognize
an amended location until it also is recorded with BLM.
Subpart C--Recording Transfers
Sec. 3833.30 Recording transfers of mining claims or sites.
Sec. 3833.31 What is a transfer?
Transfers include selling, assigning, passing through inheritance,
or otherwise conveying ownership or legal interest in a mining claim or
site. Unpatented mining claims or sites are not subject to State
community property laws.
Sec. 3833.32 How do I transfer a mining claim or site?
You must follow State law and procedures for transferring a mining
claim or site. The transfer is effective on the date it is properly
executed under State law and recorded in the local recording office.
Recording with BLM does not determine the date of transfer.
Sec. 3833.33 What does BLM require me to do if I am the transferee of
a mining claim or site?
(a) You must file in the BLM State Office a notice of the transfer
that includes:
(1) The serial number BLM assigned to the claim or site when the
notice or certificate of location was originally recorded (the person
who transferred you ownership or legal interest should have this
number);
(2) Your name and current mailing address; and
(3) A copy of the legal instrument or document that was used to
transfer the interest in the claim or site under State law.
(b) BLM will notify only the claim holder of record with BLM of any
action it takes regarding a mining claim or site. If BLM is required by
law to give a claimant notice of any new legal requirements, BLM has
properly given notice by sending the notice to the claim holder of
record with BLM.
(c) You must pay a non-refundable service charge per mining claim
or site transferred. See the table of fees and service charges in
Sec. 3830.21 of this chapter.
Sec. 3833.34 How may I transfer, sell, or otherwise convey an
association placer mining claim?
You may transfer, sell, or otherwise convey an association placer
mining claim at any time to an equal or greater number of mining claim
holders. If you want to transfer an association placer claim to an
individual or an association that is smaller in number than the
association that located the claim, you must have either--
(a) Discovered a valuable mineral deposit before the transfer; or
(b) Reduced the acreage of the claim, if necessary, so that the 20-
acre per locator limit is met.
Subpart D--Defective Records
Sec. 3833.90 Defects in recordation and transfer of mining claims and
sites.
Sec. 3833.91 What defects cannot be cured under this part?
Defects that cannot be cured and therefore result in forfeiture of
mining claims or sites are:
(a) Failing to record a mining claim or site within 90 days after
location;
(b) Failing to pay the location fee or initial maintenance fee
within 90 days of location;
(c) Locating a mining claim or site on lands closed to mineral
entry at the time of location;
(d) Filing an amendment to a void or forfeited mining claim or
site; and
(e) Recording a mining claim or site that exceeds the statutory
maximum dimensions or acreage by more than ten (10) percent.
Sec. 3833.92 What happens if I do not record a transfer of interest?
Even if your transfer has been recorded with the local recording
office, BLM will not recognize the interest you acquire, or send you
notice of any BLM action, decision, or contest, regarding the mining
claim or site until you record the transfer with BLM (see Sec. 1810.2
of this chapter). The Department will treat the last owner of record as
the responsible party for maintaining the mining claim or site until
you file a transfer notice.
Sec. 3833.94 What if BLM does not promptly notify me of a defect in my
recording or other status of my mining claim or site?
Even if BLM does not immediately notify you when you have filed a
defective recording with BLM that is incurable, the mining claim or
site is still forfeited by law.
14. Add part 3834 to read as follows:
PART 3834--REQUIRED FEES FOR MINING CLAIMS OR SITES
Subpart A--Fee Payment
Sec.
3834.10 Paying annual maintenance and oil shale fees.
3834.11 Which fees must I pay to maintain a mining claim or site
and when do I pay them?
3834.12 How will BLM know which mining claims or sites I am paying
the fees for?
3834.13 Will BLM prorate annual maintenance or oil shale fees?
3834.14 May I obtain a waiver from these fees?
Subpart B--Fee Adjustment
3834.20 Adjusting location and maintenance fees.
3834.21 How will BLM adjust the location and maintenance fees?
3834.22 How will I know that BLM has adjusted the location and
maintenance fees?
3834.23 When do I start paying the adjusted fees?
Authority: 43 U.S.C. 1201, 1740; 30 U.S.C. 28f; 112 Stat. 2681-
235 et seq.; 30 U.S.C. 242.
Subpart A--Fee Payment
Sec. 3834.10 Paying annual maintenance and oil shale fees.
Sec. 3834.11 Which fees must I pay to maintain a mining claim or site
and when do I pay them?
(a) All mining claims or sites (except oil shale placer claims).--
(1) Initial maintenance fee. When you first record a mining claim or
site with BLM, you must pay an initial maintenance fee for the
assessment year in which you located the mining claim or site.
(2) Annual maintenance fee. You must pay an annual maintenance fee
on or before September 1st of each year in order to maintain a mining
claim or site for that assessment year. The assessment year begins at
12:00 noon on September 1 of each year.
(b) Oil shale placer claims. (1) Under the Energy Policy Act of
1992, 30 U.S.C. 242, if you hold an oil shale claim, you must pay an
annual $550 fee, and file a notice of intent to hold, each year on or
before December 30 (See part 3835 of this chapter for notice of intent
to hold requirements and the table of fees and service charges in
Sec. 3830.21 of this chapter):
(i) If you elected to maintain an oil shale placer claim;
(ii) If you elected to apply for limited patent; or
(iii) If you filed a patent application for an oil shale placer
claim but did not receive a first half final certificate on or before
October 24, 1992.
(2) You need not pay the annual $550 fee, or file a notice of
intent to hold, if
[[Page 47040]]
you filed a patent application and received a first half of the mineral
entry final certificate on or before October 24, 1992.
Sec. 3834.12 How will BLM know which mining claims or sites I am
paying the fees for?
When you pay any fees to BLM, you must include a list of the mining
claims or sites that you are paying for by claim name and BLM serial
number. You must also state which assessment year you are paying for.
Sec. 3834.13 Will BLM prorate annual maintenance or oil shale fees?
BLM will not prorate annual maintenance or rental fees if you hold
a mining claim or site for only part of a year. You must pay an annual
fee even if you hold the claim or site for just one day in an
assessment year.
Sec. 3834.14 May I obtain a waiver from these fees?
(a) No waivers are available for the initial maintenance fee or the
$550 oil shale fee.
(b) You may request a waiver from annual maintenance fees under
certain circumstances. See part 3835 of this chapter.
Subpart B--Fee Adjustment
Sec. 3834.20 Adjusting location and maintenance fees.
Sec. 3834.21 How will BLM adjust the location and maintenance fees?
BLM will adjust the location and maintenance fees at least every 5
years, based upon the Consumer Price Index (CPI).
Sec. 3834.22 How will I know that BLM has adjusted location and
maintenance fees?
BLM will publish a notice in the Federal Register about the
adjustment on or before July 1st of a given year in order to impose the
adjusted fees beginning on September 1st of the same year.
Sec. 3834.23 When do I start paying the adjusted fees?
(a) You must pay the adjusted initial maintenance and location fees
when you record a new mining claim or site located on or after the
September 1st immediately following the date BLM published its notice
about the adjustment.
(b) For previously recorded mining claims and sites, you must pay
the adjusted maintenance fee on or before the September 1st immediately
following the date BLM published its notice about the adjustment.
15. Add part 3835 to read as follows:
PART 3835--WAIVERS FROM ANNUAL FEES
Sec.
3835.1 What is a waiver?
Subpart A--Filing Requirements
3835.10 Filing requirements for a waiver.
3835.11 How do I file for a waiver?
3835.12 Types of waivers and additional filing requirements.
3835.13 How long do the waivers last and how do I renew them?
3835.14 May I file for a small miner waiver for the assessment year
immediately following the assessment year in which I located the
mining claim or site?
3835.15 If qualify as a small miner, how do I apply for a waiver if
I paid the maintenance fee in the last assessment year?
3835.16 If I am a qualified small miner, and I obtained a waiver in
one assessment year, what must I do if I want to pay the maintenance
fee for the following assessment year?
3835.15 What must a qualified small miner do if he pays the
maintenance fee in one assessment year and applies for a waiver for
the following assessment year?
3835.16 What must a qualified small miner do if he obtains a waiver
in one assessment year and pays the maintenance fee for the
following assessment year?
Subpart B--Conveying Mining Claims of Sites Under Waiver
3835.20 Transferring, selling, passing through inheritance, or
otherwise conveying mining claims or sites for which a waiver has
been granted.
Subpart C--Annual FLPMA Filings
3835.30 Annual FLPMA filings.
3835.31 When do I submit an annual FLPMA filing?
3835.32 What type of annual FLPMA filing is required?
3835.33 What should I include when I submit an affidavit of
assessment work?
3835.34 What should I include when I submit a notice of intent to
hold?
Subpart D--Defective Waivers and FLPMA Filings
3835.90 Failure to comply with this part.
3835.91 What if I fail to submit annual FLPMA filings?
3835.92 What if I fail to submit a qualified waiver request?
3835.93 What happens if BLM finds a defect in my waiver request?
Authority: 112 Stat. 2861-235; 30 U.S.C. 22, 28, 28f-28k; 43
U.S.C. 2, 1201, 1457, 1740, 1744; 50 U.S.C. App. 501, 565.
Sec. 3835.1 What is a waiver?
(a) Under certain conditions, you may obtain a waiver from the
annual maintenance fee requirements. You cannot get a waiver from
service charges, the location fee, the initial maintenance fee, or the
$550 oil shale fee.
(b) If you get a small miner waiver, you must perform annual
assessment work and file annual FLPMA filings. You will find more
information about annual FLPMA filings in Sec. 3835.30 of this part,
and about assessment work in part 3836 of this chapter.
Subpart A--Filing Requirements
Sec. 3835.10 Filing requirements for a waiver.
Sec. 3835.11 How do I file for a waiver?
(a) You must file a waiver certification form on or before
September 1 of each year for which you are seeking a waiver. You may
have an agent file a waiver certification form on your behalf if you
file or have filed a power of attorney or other legal documentation
which shows that the agent is acting on your behalf.
(b) You must include in all waiver certification forms:
(1) The names and addresses of all claimants who maintain an
interest in the mining claims or sites listed on the waiver
certification form;
(2) The original signatures of all claimants of the mining claims
or sites for which you request a waiver;
(3) The names of the mining claims or sites for which you request a
waiver;
(4) The serial numbers BLM assigned to the mining claims or sites;
and
(5) The fee deadline for which you want a waiver.
(c) You must also file additional information for certain waivers
as specified in Sec. 3835.12 of this part.
Sec. 3835.12 Types of waivers and their additional filing
requirements.
The following table lists the types of waivers available, how you
qualify for them, and the procedures for requesting them:
[[Page 47041]]
------------------------------------------------------------------------
Waiver
Type Qualification certificatiaon
requirements
------------------------------------------------------------------------
(a) Small Miner............. (1)(i) All related (2) Include a
parties must hold declaration that:
no more than a (i) You and all
total of 10 mining related parties
claims or sites hold no more than a
nationwide, not total of 10 mining
including oil shale claims and sites
claims. nationwide; and
(ii) All co- (ii) You have
claimants must also completed or will
qualify for the complete assessment
small miner waiver. work by September 1
of the assessment
year just ending.
------------------------------------------------------------------------
(b) Soldiers' and Sailors' (1) You and all co- (2) File a notice of
Civil Relief Act. claimants must be active military
military personnel service or entry
on active duty into active
status. military service.
------------------------------------------------------------------------
(c) Reclamation............. (1) Your mining (2) File a certified
claims or sites are statement that:
undergoing final (i) States you are
reclamation under reclaiming the
subparts 3802, mining claims or
3809, or 3814; and sites;
you do not intend (ii) States your
to continue mining, intent to end
milling, or mining operations
processing on the claims or
operations on those sites permanently;
sites. and
(iii) References a
reclamation plan
that you submitted
to BLM or that BLM
approved; or
references a
reclamation plan
approved by a
surface managing
agency other than
BLM.
------------------------------------------------------------------------
(d) Denial of Access........ (1) You have (2)(i) File a
received a certified statement
declaration of that you have
taking or a notice received a
of intent to take declaration of
from the National taking or a notice
Park Service (NPS) of intent to take
or other Federal from NPS or other
agency; or the Federal agency or
United States has have been denied
otherwise denied access to your
you access to your mining claim or
mining claim or site; and
site.. (ii) Submit copies
of all official
documents you have
received that
demonstrate the
declaration or
taking, notice of
intent to take or
denial of access.
------------------------------------------------------------------------
(e) Mineral Patent (1) You have filed (2) No additional
Application. an application for information
a mineral patent required.
under part 3860 and
the Secretary has
granted you mineral
entry.
------------------------------------------------------------------------
Sec. 3835.13 How long do the waivers last and how do I renew them?
The following table states how long waivers last and explains how
to renew them:
------------------------------------------------------------------------
Type of waiver Duration Renewal requirements
------------------------------------------------------------------------
(a) Small Miner............. One assessment year. Apply for a small
miner waiver by
each September 1.
------------------------------------------------------------------------
(b) Soldiers' and Sailors' Until six months Your waiver is
Civil Relief Act. after you are automatically
released from renewed if you
active duty status continue to meet
or from a military the qualifications.
hospital, whichever
is later.
------------------------------------------------------------------------
(c) Reclamation............. One assessment year. Apply for waiver
certification by
each September 1.
------------------------------------------------------------------------
(d) Denial of Access........ One assessment year. Apply for a
reclamation waiver
by each September
1.
------------------------------------------------------------------------
(e) Mineral Patent Until patent issues None. If mineral
Application with Mineral or mineral entry is entry is canceled,
Entry. canceled. BLM will you must pay the
not refund required fees
previously beginning on the
deposited annual September 1
maintenance fees to immediately
a mineral patent following the
applicant. cancellation or
file for a
different waiver if
you qualify.
------------------------------------------------------------------------
Sec. 3835.14 How do I file for a small miner waiver for the assessment
year immediately following the assessment year in which I located the
mining claim or site?
(a) In order to obtain a small miner waiver for the assessment year
immediately following the assessment year of location, you must--
(1) (i) File the waiver request on or before September 1, or
(ii) If the mining claim or site was located before September 1 and
recorded after September 1 in a timely manner, you must submit the
waiver request at the time of recording the mining claim or site with
BLM, and
(2) Make an annual FLPMA filing in order to comply with FLPMA. For
a waiver filing, you must file on or before December 30, a notice of
intent to hold the mining claim or site because the Mining Law does not
require you to perform assessment work in the assessment year in which
you locate a mining claim. The notice of intent to hold must--
(i) Conform to Secs. 3835.32 and 3835.34 of this part;
(ii) State that you are filing the waiver for the assessment year
after the assessment year in which you located the mining claim or
site; and
(iii) State that you did not have to perform assessment work for
the assessment year in which you located the claim or site.
Sec. 3835.15 If I qualify as a small miner, how do I apply for a
waiver if I paid the maintenance fee in the last assessment year?
(a) You must file a notice of intent to hold under Secs. 3835.32
and 3835.34 of this part on or before the December 30 immediately
following the September 1st that you applied for a waiver;
[[Page 47042]]
(b) You must also perform the required assessment work in the
assessment year for which the maintenance fee was waived; and
(c) You must file an affidavit of assessment work on or before the
December 30 immediately following the close of the assessment year in
which you performed the assessment work.
Sec. 3835.16 If I am a qualified small miner, and I obtained a waiver
in one assessment year, what must I do if I want to pay the maintenance
fee for the following assessment year?
(a) You must perform the required assessment work in the assessment
year for which the fee was waived and record an affidavit of assessment
work on or before December 30 immediately following the close of the
assessment year for which the fee was waived; and
(b) You must pay the maintenance fee by the proper deadline for the
following assessment year.
Subpart B--Conveying Mining Claims or Sites Under Waiver
Sec. 3835.20 Transfer, sale, inheritance, or other conveyance of
mining claims or sites already subject to a waiver.
If you purchase, inherit, or otherwise obtain mining claims or
sites that are subject to a waiver, then if--
(a) You also qualify for the waiver, BLM will transfer the waiver
to you; or
(b) You do not also qualify for the waiver, you must pay an annual
maintenance fee at the time you file a notice of transfer with BLM for
the assessment year the transfer was effective under State law. You
must pay the annual maintenance fee by the September 1 following the
effective date of the transfer or forfeit the mining claims or sites.
Subpart C--Annual FLPMA Filings
Sec. 3835.30 Annual FLPMA filings.
Sec. 3835.31 When do I submit an annual FLPMA filing?
(a) You must submit your annual FLPMA filings on or before the
December 30 of the calendar year in which the assessment year ends.
(b) If part 3836 of this chapter requires you to perform assessment
work, you must file an affidavit of assessment work as an annual FLPMA
filing. You do not need to complete assessment work in the assessment
year when you located your claim.
(c) If part 3836 of this chapter does not require you to perform
assessment work, either because you located the claim during the
current assessment year or because BLM has deferred assessment work,
you must submit a notice of intent to hold under Secs. 3835.32 and
3835.34 of this part as an annual FLPMA filing. You must state in the
notice of intent to hold either that BLM has deferred the assessment
work requirement or that you located the claim during the current
assessment year.
Sec. 3835.32 What type of annual FLPMA filing is required?
The following table describes FLPMA filing requirements according
to the situation:
------------------------------------------------------------------------
Affidavit of
Your situation assessment work Notice of intent to
required hold required
------------------------------------------------------------------------
(a) You have paid annual No.................. No.
maintenance fees.
------------------------------------------------------------------------
(b) You have an oil shale No.................. Yes, by December 30
placer claims. of each year if you
must pay the $550
oil shale fee.
------------------------------------------------------------------------
(c) You have a small miner Yes, each year Yes, only one time,
waiver which covers mining beginning the by the December 30
claims. calendar year in after the
which the first assessment year in
assessment year which the claim was
ends which follows located.
the assessment year
in which the claim
was located.
------------------------------------------------------------------------
(d) You have a small miner Only for the mining Only for the mill or
waiver which covers mining claims, not the tunnel sites, not
claims and mill or tunnel mill or tunnel the mining claims.
sites. sites.
------------------------------------------------------------------------
(e) You have a Soldiers and No.................. No.
Sailor's Civil Relief Act
Waiver.
------------------------------------------------------------------------
(f) You have a reclamation No.................. Yes.
waiver.
------------------------------------------------------------------------
(g) You have a waiver No.................. Yes.
because you have been
denied access.
------------------------------------------------------------------------
(h) You have applied for a Yes, for mining Yes, for mill sites,
mineral patent. claims, until date until date of
of mineral entry. mineral entry.
------------------------------------------------------------------------
Sec. 3835.33 What should I include when I submit an affidavit of
assessment work?
You must include the following:
(a) The BLM serial number of the mining claim for which you did
assessment work;
(b) Any known changes in the mailing addresses of the claimants;
(c) A non-refundable service charge for each mining claim or site
affected (see the table of charges in Sec. 3830.21 of this chapter);
and
(d) An exact legible reproduction or duplicate, other than
microfilm, of either:
(1) The evidence of assessment work performed under State law for
record; or
(2) The geological, geochemical, and geophysical surveys provided
for in part 3836 of this chapter.
Sec. 3835.34 What should I include when I submit a notice of intent to
hold?
You must include the following:
(a) A letter or other notice with original signatures of all of the
claimants, as specified in Sec. 3835.31 of this part, which states your
intention to hold the mining claims or sites for the calendar year in
which the assessment year ends;
(b) If applicable:
(1) A copy of the BLM decision granting a deferment of the annual
assessment work;
(2) A copy of a pending petition for deferment of the annual
assessment work including the date you filed the petition; or
[[Page 47043]]
(3) Any documents supporting why you are filing a notice of intent
to hold instead of an assessment work filing.
(c) The BLM serial number of the mining claim or site;
(d) Any known changes in the mailing addresses of the claimants;
and
(e) A non-refundable service charge for each mining claim or site
affected. (See the table of service charges in Sec. 3830.21 of this
chapter.)
Subpart D--Defective Waivers and FLPMA Filings
Sec. 3835.90 Failure to comply with this part.
Sec. 3835.91 What if I fail to submit annual FLPMA filings?
If you fail to make a required annual FLPMA filing on time, you
forfeit the affected mining claims or sites.
Sec. 3835.92 What if I fail to submit a qualified waiver request?
(a) If you fail to submit a qualified waiver request and fail to
pay an annual maintenance fee on time, you forfeit the affected mining
claims or sites.
(b) If you fail to list the 10 or fewer mining claims or sites on
your small miner waiver request and fail to pay an annual maintenance
fee on time, you forfeit those mining claims or sites.
(c) If you fail to cure any defects in your waiver request or pay
the maintenance fee within the allowed time, you forfeit the affected
mining claims or sites.
(d) If a mining claim or site is held by more than one person and
one of the co-claimants does not qualify for a small miner waiver, all
of the co-claimants forfeit the affected mining claim or site.
Sec. 3835.93 What happens if BLM finds a defect in my waiver request?
(a) BLM will send a notice to you by certified mail-return receipt
requested at the address given--
(1) on your notice or certificate of location,
(2) on an address correction you have filed with BLM,
(3) on a valid transfer document filed with BLM, or
(4) on the waiver form.
(b) If the certified mail is delivered to your most recent address
of record, this constitutes legal service even if you do not actually
receive the notice or decision.
(c) You must cure the defective waiver or pay the annual
maintenance fees within 60 days of receiving BLM notification of the
defects.
16. Add part 3836 to read as follows:
PART 3836--ANNUAL ASSESSMENT WORK REQUIREMENTS FOR MINING CLAIMS
Sec.
Subpart A--Performing Assessment Work
3836.10 Performing assessment work.
3836.11 What are the general requirements for performing assessment
work?
3836.12 What work qualifies as assessment work?
3836.13 What are geological, geochemical, or geophysical surveys?
3836.14 What other requirements must geological, geochemical, or
geophysical surveys meet to qualify as assessment work?
3836.15 What happens if I fail to perform required assessment work?
Subpart B--Deferring Assessment Work
3836.20 Deferring assessment work.
3836.21 How do I qualify for a deferment of assessment work on my
mining claims?
3836.22 How do I petition for deferment?
3836.23 After BLM sends me a decision regarding my petition, what
else must I do to obtain a deferment?
3836.24 How long is a deferment granted?
3836.25 When must I complete my deferred assessment work?
Authority: 30 U.S.C. 22, 28, 28b-28e; 50 U.S.C. App. 501, 565;
43 U.S.C. 2, 1201, 1457, 1740.
Subpart A--Performing Assessment Work
Sec. 3836.10 Performing assessment work.
Sec. 3836.11 What are the general requirements for performing
assessment work?
(a) You must spend $100 in labor or improvements for each claim
every assessment year if you obtain a small miner waiver from the
annual maintenance fee requirement.
(b) You may perform assessment work on one or several claims of a
group of contiguous lode or placer claims that you hold in common and
which cover the same mineral deposit. Your total expenditure must equal
at least $100 per claim.
Sec. 3836.12 What work qualifies as assessment work?
Assessment work includes, but is not limited to--
(a) Drilling, excavations, driving shafts and tunnels, sampling
(geochemical or bulk), road construction on or for the benefit of the
mining claim; and
(b) Geological, geochemical, and geophysical surveys.
Sec. 3836.13 What are geological, geochemical, or geophysical surveys?
(a) Geological surveys are surveys of the geology of mineral
deposits which are done by, among other things, taking mineral samples,
mapping rock units, mapping structures, and mapping mineralized zones.
(b) Geochemical surveys are surveys of the chemistry of mineral
deposits which are done by, among other things, sampling soils, waters,
and bedrock to identify areas of anomalous mineral values and
quantities.
(c) Geophysical surveys are surveys of the physical characteristics
of mineral deposits which measure physical differences between rock
types or physical discontinuities in geological formations. These
surveys include, among other things, magnetic and electromagnetic
surveys, gravity surveys, seismic surveys, and spectral surveys.
Sec. 3836.14 What other requirements must geological, geochemical, or
geophysical surveys meet to qualify as assessment work?
(a) The surveys must be conducted by qualified experts and verified
in a detailed report filed in the county or recording district office
where the claim is recorded. A qualified expert is an individual
qualified by education or experience to conduct geological,
geochemical, or geophysical surveys.
(b) You must record the report on the surveys with BLM and the
local recording office, as provided in part 3835 of this chapter. This
report must set forth fully the following:
(1) The location of the work performed in relation to the point of
discovery and boundaries of the claim;
(2) The nature, extent, and cost of the work performed;
(3) The basic findings of the surveys; and
(4) The name, address, and professional background of persons
conducting the work and analyzing the data.
(c) You may not count these surveys as assessment work for more
than 2 consecutive years or for more than a total of 5 years on any one
mining claim.
(d) No survey may repeat any previous survey of the same claim.
Sec. 3836.15 What happens if I fail to perform required assessment
work?
If you fail to comply substantially with the requirements of this
part, BLM may void your claim.
Subpart B--Deferring Assessment Work
Sec. 3836.20 Deferring assessment work.
(a) Under some circumstances, you may obtain a temporary deferment
that relieves you from performing annual assessment work on your mining
claims.
[[Page 47044]]
(b) If BLM grants you a deferment, you have merely deferred doing
the assessment work. You still must complete the assessment work for
that assessment year after the deferment period ends.
Sec. 3836.21 How do I qualify for a deferment of assessment work on my
mining claims?
You must have a mining claim that--
(a) You cannot enter or gain access to because it is surrounded by
lands over which BLM has denied a right-of-way;
(b) Is in the process of being acquired under State law; or
(c) You cannot enter or gain access to because of some other legal
impediment.
Sec. 3836.22 How do I petition for deferment?
In order to apply for deferment--
(a) You must file a petition in duplicate with the BLM State Office
that includes:
(1) The names of the claims;
(2) The BLM serial numbers assigned to the claims;
(3) The starting date of the one-year period of the requested
deferment; and
(4) A copy of the small miner waiver certification form you filed
for the previous maintenance fee deadline.
(b) If you are filing the petition because BLM or another party has
denied you a right-of-way, you must also describe--
(1) The nature and ownership of the land over which you were
seeking a right-of-way to reach your claims;
(2) The land over which you are seeking a right-of-way by legal
subdivisions if the land is surveyed;
(3) Why present use of the right-of-way is denied or prevented;
(4) The steps you have taken to acquire the right to cross the
lands; and
(5) Whether any other right-of-way is available and if so, why it
is not feasible to use that right-of-way.
(c) If you are filing the petition because of other legal
impediments to your access to the claim, you must describe the legal
impediments and file copies of any documents you have which evidence
the legal impediments.
(d) You must record in the local recording office a notice that you
are petitioning BLM for a deferment of assessment work.
(e) You must attach a copy of the notice required by paragraph (d)
of this section to the petition you file with BLM.
(f) The petition you file with BLM and the original notice you file
with the local recording office must be signed by at least one of the
claimants of each of the mining claims for which you request a
deferment.
(g) You must pay a non-refundable service charge with each
petition. (See the table of fees and charges in Sec. 3830.21 of this
chapter.)
Sec. 3836.23 After BLM sends me a decision regarding my petition, what
else must I do to obtain a deferment?
You must record a copy of BLM's decision regarding your petition in
the local recording office.
Sec. 3836.24 How long may a deferment last?
(a) BLM may grant a deferment for up to one assessment year.
However, the deferment ends automatically if the reason for the
deferment ends.
(b) The deferment period will begin on the date you requested in
the petition unless BLM's approval sets a different date.
(c) You may petition to renew the deferment for one additional
assessment year if a valid reason for a deferment continues.
Sec. 3836.25 When must I complete my deferred assessment work?
(a) You may begin the deferred assessment work any time after the
deferment ends. However, you must complete it before the end of the
following assessment year. For example, if your deferment ends on July
15, 2008, you must complete the deferred assessment work by September
1, 2009, in addition to completing the regular assessment work due on
that date.
(b) You may also choose to pay the annual maintenance fees for the
years deferred instead of performing the deferred assessment work.
17. Add part 3837 to read as follows:
PART 3837--ACQUIRING A DELINQUENT CO-CLAIMANT'S INTERESTS IN A
MINING CLAIM OR SITE
Sec.
Subpart A--Conditions for Acquiring a Delinquent Co-Claimant's
Interests in a Mining Claim or Site
3837.10 Conditions for acquiring a delinquent co-claimant's
interests.
3837.11 How may I acquire a delinquent co-claimant's interest in a
mining claim or site?
Subpart B--Aquisition procedures
3837.20 Acquisition.
3837.21 How do I notify the delinquent co-claimant that I want to
acquire his or her interests?
3837.22 How long does a delinquent co-claimant have after
notification to contribute a proportionate share of the assessment
work, expenditures, or maintenance fees?
3837.23 How do I notify BLM that I have acquired a delinquent co-
claimant's interests in a mining claim or site?
3837.24 What kind of evidence must I submit to BLM to show I have
properly notified the delinquent co-claimant?
Subpart C--Resolving Disputes About Acquiring a Delinquent Co-
Claimant's Interests
3837.30 Disputes about acquiring a delinquent co-claimant's
interests.
Authority: 43 U.S.C. 2, 1201, 1457; 50 U.S.C. App. 501, 565; 30
U.S.C. 28.
Subpart A--Conditions for Acquiring a Delinquent Co-Claimant's
Interests in a Mining Claim or Site
Sec. 3837.10 Conditions for acquiring a delinquent co-claimant's
interests.
Sec. 3837.11 How may I acquire a delinquent co-claimant's interests
in a mining claim or site?
(a) You may acquire a co-claimant's interest in a mining claim or
site under the following circumstances:
(1) You are a co-claimant who has performed the assessment work,
made improvements, or paid the maintenance fees required under parts
3834 and 3836 of this chapter;
(2) Your co-claimant fails to contribute a proportionate share of
the assessment work, expenditures, or maintenance fees by the end of
the assessment year concerned;
(3) You notify the delinquent co-claimant of the failed obligation
as provided in Sec. 3837.21 of this part; and
(4) After 90 days following the date of the notice or the end of
the publication, if the delinquent co-claimant fails or refuses to
contribute a proportionate share of the assessment work, expenditures,
or maintenance fees, the remaining co-claimants acquire the delinquent
co-claimant's share in the mining claim or site.
(b) You may not acquire a co-claimant's interest in a mining claim
or site if the co-claimant is on active military duty.
Subpart B--Acquisition Procedures
Sec. 3837.20 Acquisition.
Sec. 3837.21 How do I notify the delinquent co-claimant that I want to
acquire his or her interests?
(a) You must give the delinquent co-claimant written notice by mail
using certified mail, return receipt requested, or by personal service,
or
(b) If, after diligent search, you cannot locate the delinquent co-
claimant, you must publish notification in a newspaper nearest the
location of the claims or sites at least once a week for 90 days.
[[Page 47045]]
Sec. 3837.22 How long does a delinquent co-claimant have after
notification to contribute a proportionate share of the assessment
work, expenditures, or maintenance fees?
The delinquent co-claimant has--
(a) 90 days from the date on which the co-claimant receives written
notice by mail or personal service to contribute a proportionate share
of the assessment work, expenditures, or maintenance fees; or
(b) 90 days after the date on which the 90-day newspaper
publication period ends to contribute a proportionate share of the
assessment work, expenditures, or maintenance fees.
Sec. 3837.23 How do I notify BLM that I have acquired a delinquent co-
claimant's interests in a mining claim or site?
You must submit--
(a) Evidence that you properly notified the delinquent co-claimant;
(b) An originally signed and dated statement by all the compliant
co-claimants that the delinquent co-claimant failed to contribute the
proper proportion of assessment work, expenditures, or maintenance fees
within the period fixed by the statute; and
(c) A non-refundable service charge for a transfer of interest, as
found in the table of fees in Sec. 3830.21 of this chapter.
Sec. 3837.24 What kind of evidence must I submit to BLM to show I have
properly notified the delinquent co-claimant?
(a) If you gave written notice to the delinquent co-claimant by
personal service, you must sign and submit a notarized affidavit
explaining how and when you delivered the written notice to the
delinquent co-claimant.
(b) If you gave written notice to the delinquent co-claimant by
mail, you must submit--
(1) A copy of the notice you mailed to the delinquent co-claimant;
and
(2) A copy of the signed U.S. Postal Service return receipt from
the registered or certified envelope in which you sent the notice to
the delinquent co-claimant.
(c) If you published the notice in a newspaper, you must submit:
(1) A statement from the newspaper publisher describing the
publication, including the beginning and ending dates of publication;
(2) A printed copy of the published notice; and
(3) A notarized affidavit attesting that you conducted a diligent
search for the delinquent co-claimant, you could not locate the
delinquent co-claimant, and therefore notification by publication was
necessary.
Subpart C--Resolving Disputes About Acquiring a Delinquent Co-
Claimant's Interests
Sec. 3837.30 Disputes about acquiring a delinquent co-claimant's
interests.
If co-claimants are engaged in a dispute regarding the acquisition
of a delinquent co-claimant's interests--
(a) The co-claimants must resolve the dispute, without BLM
involvement, in a court of competent jurisdiction or other proceeding
as permitted within the State where the disputed claims are located.
(b) The co-claimants must file with BLM a certified copy of the
judgment, decree, or settlement agreement resolving the dispute before
BLM will update its records.
18. Add part 3838 to read as follows:
PART 3838--SPECIAL PROCEDURES FOR LOCATING AND RECORDING MINING
CLAIMS AND TUNNEL SITES ON STOCKRAISING HOMESTEAD ACT (SRHA) LANDS
Sec.
Subpart A--General Provisions
3838.1 What are SRHA lands?
3838.2 How are SRHA lands different from other Federal lands?
Subpart B--Locating and Recording Mining Claims and Tunnel Sites
3838.10 Procedures for locating and recording a mining claim or
tunnel site on SRHA lands.
3838.11 How do I locate and record mining claims or tunnel sites on
SRHA lands?
3838.12 What do I include in a NOITL on SRHA lands?
3838.13 What restrictions are there on recording a NOITL on SRHA
lands?
3838.14 What does BLM do when I record a NOITL on SRHA lands?
3838.15 How do I benefit from properly filing a NOITL on SRHA
lands?
3838.16 What happens if the surface owner of the SRHA lands
changes?
Subpart C--Compliance Problems
3838.90 Failure to comply with this part?
3838.91 What if I fail to comply with this part?
Authority: 43 U.S.C. 299(b), 1201, 1457, 1740, 1744; 30 U.S.C.
22 et seq.
Subpart A--General Provisions
Sec. 3838.1 What are SRHA lands?
SRHA lands are lands that were--
(a) Patented under the Stockraising Homestead Act of 1916, as
amended (30 U.S.C. 54 and 43 U.S.C. 299); or
(b) Originally entered under the Homestead Act, as amended, and
patented under the SRHA after December 29, 1916.
Sec. 3838.2 How are SRHA lands different from other Federal lands?
(a) The United States owns the mineral estate of SRHA lands, but
not the surface estate. Patents issued under the SRHA, and Homestead
Act entries patented under the SRHA, reserved the mineral estate to the
United States.
(b) The procedures in this part describe how to notify the surface
owner before exploring for minerals or locating a mining claim on the
mineral estate of SRHA lands. If you own the surface estate of SRHA
lands and want to explore for minerals or locate a mining claim on the
Federally-reserved mineral estate, you do not need to follow the
requirements in this part, but you must follow the requirements in
parts 3832, 3833, 3834 and 3835 of this chapter.
Subpart B--Locating and Recording Mining Claims and Tunnel Sites
Sec. 3838.10 Procedures for locating and recording a mining claim or
tunnel site on SRHA lands.
Sec. 3838.11 How do I locate and record mining claims or tunnel sites
on SRHA lands?
(a) You must--
(1) Record a notice of intent to locate mining claims (NOITL) with
the proper BLM State Office that is responsible for the affected
mineral estate and submit a non-refundable service charge for
processing (see the table of fees in Sec. 3830.21 of this chapter);
(2) Serve a copy of the NOITL on the surface owner(s) of record, by
registered or certified mail, return receipt requested; and
(3) Record proof that you served a copy of the NOITL on the surface
owner with BLM to complete the recordation of a NOITL.
(b) You can record the NOITL and serve a copy of the NOITL on the
surface owner at the same time.
(c) If you want to explore parcels of land that are owned by
different people, you must file a separate NOITL for each parcel of
land.
(d) You must--
(1) Wait 30 days after you serve the surface owner with the NOITL
before entering the lands to explore for minerals or locate a mining
claim or tunnel site; and
(2) Follow procedures for locating mining claims and tunnel sites
in part 3832 of this chapter, recording mining claim and tunnel sites
in part 3833 of this chapter, and annual maintenance of mining claims
in parts 3834 and 3835 of this chapter.
[[Page 47046]]
Sec. 3838.12 What must I include in a NOITL on SRHA lands?
A NOITL must include:
(a) The names, mailing address, and telephone numbers of everyone
who is filing the NOITL.
(b) Information about the surface owners, including:
(1) The names, mailing addresses, and telephone numbers of all
surface owners of the tract of land you want to enter;
(2) Evidence from the current edition of the county or borough tax
rolls that the names of the surface owners you file are the current
owners of the surface estate;
(3) A description of the lands covered by the NOITL, including:
(i) The total number of acres to the nearest whole acre; and
(ii) A map and legal land description to the nearest 5-acre
subdivision or lot based on a U.S. Public Land Survey of the lands you
want to explore, including access routes; and
(4) A brief description of the proposed mineral activities,
including:
(i) The name, mailing address, and telephone number of the person
who will be managing the activities and
(ii) A list of the dates on which the activities will take place.
Sec. 3838.13 What restrictions are there on recording a NOITL on SRHA
lands?
(a) You or your affiliates may not file NOITLs for more than 1,280
acres of land owned by a single surface owner.
(b) You or your affiliates may not file NOITLs for more than 6,400
acres of land in any one State.
(c) Your NOITL will expire 90 days after you record it with BLM,
unless you file a plan of operations with BLM before the end of the 90-
day period.
(d) After your NOITL expires, you are not allowed to record another
NOITL for the same lands until 30 days after the expiration of the
previously-filed NOITL.
(e) Only those persons whose names are listed on the properly
recorded NOITL will be allowed to explore for minerals or locate mining
claims or tunnel sites on the lands covered by the NOITL.
Sec. 3838.14 What will BLM do when I record a NOITL on SRHA lands?
When BLM accepts a properly completed and executed NOITL, we will
note the official land status records. The date that BLM accepts the
NOITL will be the effective date of the notation.
Sec. 3838.15 How do I benefit from properly filing a NOITL on SRHA
lands?
(a) For 90 days after BLM accepts your NOITL:
(1) You may enter the lands covered by the NOITL to explore for
minerals and locate mining claims;
(2) You may cause only minimal disturbance of the surface resources
on the lands covered by the NOITL;
(3) You must not use mechanized earthmoving equipment, explosives,
or toxic or hazardous materials; and
(4) You must not construct roads or drill pads.
(b) For 90 days after BLM accepts your NOITL, no other person,
including the surface owner, may:
(1) file a NOITL for any lands included in your NOITL;
(2) explore for minerals or locate a mining claim on the lands
included in your NOITL; or
(3) file an application to acquire any interest under section 209
of FLPMA in the lands included in your NOITL.
(c) If you file a plan of operations with BLM, as provided in
section 1 of the Act of April 16, 1993, 43 U.S.C. 299(b), before the
end of the 90-day period, BLM will extend the effects of the 90-day
period until BLM approves or denies a plan of operations.
Sec. 3838.16 What happens if the surface owner of the SRHA lands
changes?
If the surface owner transfers all or part of the surface to a new
owner after you have recorded a NOITL and served it on the surface
owner, you do not have to serve a copy of the NOITL on the new surface
owners.
Subpart C--Compliance Problems
Sec. 3838.90 Failure to comply with this part.
Sec. 3838.91 What if I fail to comply with this part?
If you fail to comply with the requirements in this part, the NOITL
is void. Mining claims or tunnel sites located under a void NOITL are
null and void from the beginning and we will cancel them.
PART 3839--SPECIAL LAWS, IN ADDITION TO FLPMA, THAT REQUIRE
RECORDING OR NOTICE [RESERVED]
19. Add and reserve part 3839.
PART 3840--NATURE AND CLASSES OF MINING CLAIMS [REMOVED]
20. Remove part 3840 in its entirety.
PART 3850--ASSESSMENT WORK [REMOVED]
21. Remove part 3850 in its entirety.
Dated: July 26, 1999.
Sylvia V. Baca,
Acting Assistant Secretary of the Interior.
[FR Doc. 99-21911 Filed 8-26-99; 8:45 am]
BILLING CODE 4310-84-P
