[Federal Register Volume 59, Number 167 (Tuesday, August 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21388]


[[Page Unknown]]

[Federal Register: August 30, 1994]


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Part IV





Department of the Interior





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Bureau of Land Management



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43 CFR Part 3720, et al.



Mining Claims; Final Rule
DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 3720, 3730, 3800, 3810, 3820, 3830, and 3850

[WO-660-4191-02-24 1A; Circular No. 2657]
RIN 1004-AC17

 

Mining Claims; Maintenance and Location Fees; Lands Open to 
Location, National Parks, King Range National Conservation Area, Indian 
Reservations, Surface Management; Removal of Obsolete or Expired 
Regulations, Consolidation of Remaining Sections

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: This final rule implements provisions of the Omnibus Budget 
Reconciliation Act of 1993 (the Act) that require a $25 location fee 
and a $100 annual maintenance fee for each mining claim and site 
located and held under the general mining laws. The fee requirements 
remain in effect through 1998, and apply to the assessment years 1994-
95 through 1998-99. The final rule establishes the procedures for 
paying and administering the required annual maintenance and location 
fees, puts into regulation the statute's mandatory payment deadlines 
and its mandatory provision that failure to pay the fees on time 
constitutes abandonment of the claim or site, amends the recording and 
assessment work regulations to conform to the requirements of the Act, 
and establishes procedures by which small miners may obtain a waiver 
from payment of the maintenance fee. The final rule also implements the 
new location and recording requirements for mining claims located on 
Stockraising Homestead Act lands. These requirements are contained in 
the Act of April 16, 1993 (107 Stat. 60). It also removes obsolete or 
expired provisions, and consolidates provisions that are still in force 
and effect in the regulations concerning location and entry of mining 
claims and sites on coal bearing lands, National Park System units, the 
King Range Conservation Area, and Indian reservations.

EFFECTIVE DATE: August 30, 1994.

ADDRESSES: Any suggestions or inquiries should be sent to: Director 
(660), Mail Stop 501, Bureau of Land Management, 1849 C Street, N.W., 
Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Frank Bruno or Roger Haskins at (202) 
452-0350.

SUPPLEMENTARY INFORMATION: A proposed rule amending certain sections of 
the regulations at 43 CFR parts 3720, 3730, 3800, 3810, 3820, 3830, and 
3850 was published in the Federal Register on May 11, 1994 (59 FR 
24572). There were 25 comments received regarding the proposal. Six 
comments were received from Bureau of Land Management (BLM) State 
Offices, 4 comments were received from private attorneys, 3 comments 
were received from individuals not connected with the mining industry, 
3 comments were received from mining claimants, 3 comments were 
received from mining industry organizations, 1 comment was received 
from an individual in a mining-related business, 1 comment was received 
from a county government, 1 comment was received from an environmental 
group, 1 comment was received from a mining company, 1 comment was 
received from a Forest Service employee, and 1 comment was received 
from an individual BLM employee.
    The Department of the Interior, in accordance with 5 U.S.C. 553(d), 
for good cause finds that it would not be in the public interest to 
delay the effective date until 30 days after publication. The deadline 
for payment of the annual maintenance fee is August 31, 1994. The 
mining industry needs as much time as possible to comply with the rule, 
and the BLM State Offices will not be able to accept filing and 
payments, or to assist the public in other ways, until the rule is 
effective.

General Comments

    The proposed rule contained several references to the Act of 
October 5, 1992, which established the mining claim rental fee that has 
been in effect since the date of its enactment and which will expire on 
September 30, 1994. For the sake of simplicity, and because (1) The 
maintenance fee essentially replaces the original rental fee, (2) the 
rental fee statute will expire on September 30, and (3) any remaining 
issues regarding the rental fee can be dealt with using the regulations 
that implemented the October 5, 1992, Act, which were codified in the 
1993 Code of Federal Regulations (CFR), all references to the 1992 Act 
have been removed from this final rule, including references to rental 
fees.
    The comments addressed all aspects of the proposed rule. They were 
all given careful consideration and are addressed in this preamble.
    One comment asked whether the $10 service charge for recording 
notices of location was being eliminated. The answer is no, because it 
is required for cost recovery purposes. The service charge requirement 
is retained in Sec. 3833.1-4(a).
    One comment expressed uncertainty as to when the new maintenance 
fee was to be effective. The maintenance fee for existing claims is 
first due to be filed on or before August 31, 1994, to hold the claim 
for the 1994-1995 assessment year.
    One comment stated that the maintenance fee should not be subject 
to increases tied to the consumer price index and that such increases 
would put the fee out of sight for small miners. The comment further 
stated that these increases should not apply to those holding 10 or 
fewer claims. The provision to adjust maintenance fees to reflect 
changes in the consumer price index is statutory and cannot be changed 
in this rule. However, it would not affect small miners who file a 
valid waiver certification statement. Such individuals would not have 
to pay the maintenance fee, but would continue to perform $100 worth of 
assessment work as required by the Mining Law of 1872.
    One comment stated that this rule and other unspecified changes in 
the Mining Law were being done without congressional authorization and 
are putting the mining industry out of business. The rule is being 
promulgated and is explicitly required by Section 10106 of the Omnibus 
Budget Reconciliation Act of 1993 (107 Stat. 407), as enacted by 
Congress. Despite the reduction in active mining claims on Federal 
lands since $100 fees were first required in the 1992-93 assessment 
year, there is no substantial evidence to suggest that the fee is 
driving the bona fide mining industry out of business.
    One comment objected to the short notice given in the proposed rule 
on May 11, 1994, that assessment work to hold the claim for those 
claimants qualifying as small miners for the assessment year beginning 
on September 1, 1994, must be completed in the assessment year ending 
on that date. However, enactment of the Omnibus Budget Reconciliation 
Act on August 10, 1993, predated the beginning of the assessment year 
ending on September 1, 1994, and served as ample notice for those 
claimants seeking to qualify as small miners under the new legislation.
    One comment objected to any change in the Mining Law. Since the 
Congress has amended the Mining Law to require a maintenance fee, no 
changes in the rule are warranted as a result of this comment.
    Two comments stated that references to the due date for payment of 
the initial maintenance fee, which is made at recordation of the notice 
of location and within 90 days after location, were ambiguous. The 
comment identified the problem as a possible conflict between the 
location date on the notice of location and the location date under 
State law. However, pursuant to 30 U.S.C. 28, the date of the location 
of the mining claim is fixed under State law, and that is the date used 
by BLM to determine the 90-day period under the Federal Land Policy and 
Management Act of 1976 (FLPMA) (43 U.S.C. 1701 et seq.).
    One comment from a county government stated that the removal of the 
requirement to file assessment work with BLM for those who pay the 
maintenance fee will cause the same problems as those that occurred 
under the rental fee requirements imposed by the Interior Department 
and Related Agencies Appropriations Act of 1993. The comment stated 
that because the Federal requirement to record annual labor with BLM 
had been lifted, filings were not being made with county recorders, 
affecting the record title history as well as State tax collections. 
Filings may still be required under State law. If State law does not 
require filing with county recorders, then State law could be amended 
to remedy the problem. Also, miners may risk losing their claims to 
third parties if they do not record with county recorders, and are 
urged to comply with State and Federal mining laws.
    One comment stated that there was some confusion with the term 
``record'' as used in the proposed rule. The comment said that the term 
should be defined to apply only to county recordings and never to BLM 
``filings.'' The term ``record'' has been used to refer to certain BLM 
filings for many years. Any reference to BLM recordation in the 
regulations clearly refers only to BLM requirements for filings in the 
proper BLM office. It is inappropriate to provide for exclusive 
application of the term to county recordings.
    One comment stated that a notarized signature from each owner on a 
new notice of location should be required for State and Federal tax 
purposes. The addition of this requirement would be of no value to BLM, 
because BLM is not the official repository of mining claim ownership 
records. The States should ensure that their laws are adequate to trace 
ownership for tax purposes.
    One comment stated that the rule should require a notice of 
intention to hold to be filed in the local State jurisdiction in 
certain circumstances. No such requirements can be added to this rule, 
because the 1993 Act does not impose a filing requirement equivalent to 
the filing requirements in Section 314 of FLPMA. It is therefore up to 
the States to impose such requirements as long as the 1993 Act remains 
in effect.
    One comment stated that the rule should require that 
relinquishments contain notarized signatures of every owner in order to 
protect all owners from having their interests voided without their 
consent. This is not necessary because relinquishments relate only to 
the claimant making the relinquishment, and only his or her interest 
would be dropped, not the interests of other claimants.
    One comment stated that it is unclear who is required to submit 
changes of address to BLM and pay the service charges. It is the 
owner's responsibility, not a lessee's. The owner is also referred to 
as the mining claimant. A transferee could also be an owner or a 
claimant. However, while BLM does not adjudicate who pays the fee for a 
mining claim, it holds the mining claimant responsible if the fee is 
not paid.
    One comment asked whether the purpose for filing changes of address 
as requested in the rule is to help ensure that claimants receive 
proper notice regarding their claims. The answer is yes.
    One comment asked why the rental fee is now called the maintenance 
fee. The October 1992 statute used the term rental fee, and the August 
1993 statute used the term maintenance fee. The second term more 
accurately reflects the nature of the fee, since it is not considered 
rent, a service charge, or a tax. It is a payment required to maintain 
the mining claim in good standing.

43 CFR 3833.0-3

    One comment stated that it would not be proper to file a notice of 
intention to hold a mining claim pursuant to Sec. 3833.0-3(a) if a 
waiver is filed. This is true. The waiver for a mining claim can only 
be allowed if assessment work is done.
    One comment suggested a rewording of paragraph (g)(1)(i) for 
clarity. This modification has been made to make it clear that it is 
the mining claimant who files the notice of intent to locate a claim.

43 CFR 3833.0-5

    One comment stated that paragraph (e), the definition of ``owner or 
claimant,'' should not require the name and address of all owners on 
documents referred to in the subpart, but should only require the 
filer's name and address. This requirement exists largely to protect 
each claimant's interest in being served in the event of an appeal or 
other need for communication. Therefore, it will be retained.
    Three comments asked whether paragraph (m), the definition of 
``file'' or ``filed,'' was intended to allow notices of location or 
certificates of location to be subject to the postmark rule. The answer 
is yes, and the paragraph has been further amended in the final rule to 
make it clear that, in addition, location notices and certificates of 
location also will be accepted if postmarked by the end of the 90-day 
filing period. In response to a comment, the paragraph now refers to 
the filing of a maintenance fee waiver certification statement rather 
than the filing of a maintenance fee waiver: the former is a more 
accurate term.
    One comment asked whether paragraph (m) was intended to allow $100 
fee and waiver filings to be accepted if postmarked by August 31 and 
received in the proper BLM office within 15 days of that date. The 
answer is yes.
    Two comments said that new location notices should not be subject 
to the postmark rule pursuant to paragraph (m). All other filings are 
similarly subject to the postmark rule. The comments give no reason for 
location notices to be treated differently.
    One comment questioned whether BLM has the authority to extend the 
postmark rule to filings under the Act of August 10, 1993, since the 
Act specifically states that annual fee filings must be made by each 
August 31. The best precedent for this is the longstanding 
administrative practice for annual filings under Section 314(a) of 
FLPMA. Section 314(a) states that annual filings shall be made prior to 
December 31 yearly. However, the postmark rule has been applied to 
these filings for years by regulation as a practical way of treating 
such filings received through the postal system, and it has been upheld 
by the Interior Board of Land Appeals. The same practical consideration 
applies here.
    One comment asked whether paragraph (m) is in conflict with 
Sec. 1821.2-2(f), which does not recognize the postmark rule except in 
certain instances. Section 1821.2-2(f) applies to the filing of 
applications only, and paragraph (m) applies to filing notices of 
locations and payment of fees. No conflict exists between the two 
sections.
    One comment stated that paragraph (m) meant that if a claimant's 
maintenance fee filing was postmarked on August 16 or before that the 
claims would be forfeited. This is not true. The filing can be 
postmarked any time on or before August 31, as long as it is received 
in the proper BLM office no later than 15 days after August 31.
    One comment asked whether paragraph (m) was meant to allow 
postmarks that fall on holidays and weekends. Deadlines that fall on a 
day the BLM office is closed are carried over to the next working day.
    One comment asked whether paragraph (m) was restricted to mailings 
postmarked by the U.S. Postal Service. This paragraph has been amended 
to include other mail delivery systems that are independent of the 
claimant and for which the date of filing with the system can be 
verified.
    Paragraph (o)(1) is amended to state clearly that the FLPMA filing 
due on December 30, 1999, is the last FLPMA filing affected by the Act 
of August 10, 1993.
    Paragraph (o)(2) is removed in the final rule because it duplicates 
Sec. 3833.1-7(d). A comment received concerning the wording of this 
paragraph is therefore moot.
    Paragraph (o)(3) is removed because it duplicates Sec. 3833.1-5(b) 
as it is revised in this final rule. Thus, the concerns raised in two 
comments that referred to the conflicting wording of these sections 
have been addressed.
    Because of the removal of paragraphs (o) (2) and (3), paragraph 
(o)(1) is merged into the introductory text of paragraph (o).
    Paragraph (w) has been simplified to remove information provided 
elsewhere in the rule.
    Paragraphs (bb) and (cc) are amended to reference Sec. 3833.1-1, 
which is the final rule redesignation of Sec. 3833.1-8 of the proposed 
rule.
    One comment suggested that paragraph (cc) should provide that 
refunds of payments made by credit card will be made as a credit to the 
card account. This suggestion has been adopted in the final rule.

43 CFR 3833.1-1

    Although it was not addressed in the proposed rule, the existing 
language of this section is removed in its entirety and replaced with 
Sec. 3833.1-8 of the proposed rule. The old section is being removed 
administratively in this final rule because it deals with obsolete 
requirements. Because this amendment is an administrative action to 
remove obsolete provisions, it has been determined that it has no 
impacts on the public. The Department of the Interior, therefore, for 
good cause finds under 5 U.S.C. 553(b)(B) and 553(d)(3) that notice and 
public procedure thereon are unnecessary and that this amendment may 
take effect upon publication.

43 CFR 3833.1-2

    In the proposed rule published on May 11, 1994, a paragraph (c) was 
added to Sec. 3833.1-2 to establish a basic process for compliance with 
Public Law 103-23 of April 16, 1993. This Act (107 Stat. 60) amended 
the Stockraising Homestead Act of 1916 (43 U.S.C. 299) by establishing 
new mining claim location and surface operations requirements for lands 
patented under the Stockraising Homestead with a reservation of the 
mineral estate to the United States. The Act became effective on 
October 13, 1993. To implement the Act of April 16, 1993, the 
Department has begun formulating regulations on locating claims and 
obtaining permission for exploration and mining on lands patented under 
the Stockraising Homestead Act. These regulations will be proposed as 
additions to 43 CFR subpart 3814.
    A Departmental review demonstrates a need to have a basic location, 
recording, and notification procedure put into place as soon as 
possible in order to avoid legal problems between surface owners, 
mining claimants, and the Department over rights of location and entry 
on Stockraising Homestead lands under the Act of April 16, 1993. 
Therefore, as a logical outgrowth of the language included in the 
proposed rule, a new paragraph (d) is added to section 3833.1-2 to 
explain more fully the basic procedural requirements for locating and 
entering mining claims on Stockraising Homestead Act lands. This 
language reiterates, to a large degree, the language of the statute.
    One comment requested that paragraph (c)(3) of the proposed rule be 
reworded for clarity. The final rule has been amended to make it clear 
that mining claims located on lands patented under the Stockraising 
Homestead Act, as amended, will not be recorded unless the claimant 
complies with the requirements in Sec. 3833.1-2.

43 CFR 3833.1-3

    Paragraph (c)(3) has been removed because the information appears 
elsewhere in the section.
    Two comments said that Sec. 3833.1-3 was confusing. The statute 
establishes payment deadlines for some types of fees, but allows 
payment deficiencies in other types of fee situations to be curable. 
The comments suggested that this section be made uniformly curable or 
non-curable to promote ease of administration. This section was 
developed in an effort to strike a balance among ease of 
administration, public service, and consistency with the law. Because 
of the statutory nature of the maintenance fee, it is not possible to 
make nonpayment of that fee curable. The fact that this deadline is 
firm is not an adequate basis for making other fee payment deficiencies 
non-curable.
    One comment said that Sec. 3833.1-3 ought to allow the claimant a 
chance to choose which mining claims should have partial payments 
applied to them before BLM imposes its system for making this 
determination. This amendment has been added in this final rule.
    One comment said that the proposed rule was not clear about the 
treatment of insufficient maintenance fees paid for new locations. The 
requirements for this situation are explained in paragraph (b)(1).
    One comment stated that a phrase in paragraph (b)(2), which 
provides that new claims rejected for insufficient service charges will 
be returned to the claimant/owner unprocessed, should be replaced by 
language requiring that a rejection decision be sent after the claims 
are serialized (given BLM identification numbers). Claims for which 
service charges have not been paid cannot be serialized because the 
missing or insufficient service charges are supposed to pay for such 
processing. Therefore, absent service charges, there is no 
serialization, and thus no claims of record, and there cannot be a 
formal decision on the disposition of the claims.
    One comment said that paragraph (b)(2) is too complicated and 
suggested that missing service charges be made a non-curable defect. 
Making this change would not remove any administrative costs and would 
create the possibility of rigid and unfair application. For instance, a 
claimant could file $250 to cover two claims, rather than the proper 
$270 (which includes two $10 service charges, two $100 maintenance 
fees, and two $25 location fees). Under the scenario envisioned in the 
comment, BLM would have to apply $135 to one claim and then have the 
expense of refunding $115 and returning the second claim or writing a 
decision if the maintenance fee deadline had passed. The BLM prefers to 
apply the $250 to each claim ($125 each), and call for the additional 
$20 in service charges to complete the recording process.
    Pursuant to a comment, paragraph (b)(2) has been reworded to 
eliminate confusion as to which of two apparent deadlines for paying a 
service charge applies. New paragraph (b)(3) has been added in the 
final rule to address the consequences of partial payment of service 
charges.
    One comment asked that the policy on treatment of payment of 
insufficient mandatory fees be clarified. (The comment referred to the 
required $100 maintenance and $25 location fees.) This policy will not 
be put in the rule, but will be included in the BLM Manual. When the 
payment submitted does not cover all of the fees due, the BLM will 
apply all fees sequentially beginning with the first numbered claim of 
that claimant and to as many thereafter as the paid funds allow. For 
instance, if a claimant submits $200 for two new locations, BLM would 
not consider this complete payment of maintenance fees for two claims, 
leaving the location fees and service charges unpaid for both, but 
would apply the payment entirely to the first claim before applying any 
money to the second. Thus, BLM would apply $125 ($100 for the 
maintenance fee and $25 for the location fee) initially toward the 
first claim. Because the remaining $75 would be insufficient to cover 
the mandatory fees on the second claim, the second claim would be 
voided for failure to pay the required fees. A portion of the remaining 
funds would then be applied toward the first claim for the $10 service 
charge. If the claimant submits other instructions on how to apply the 
fees, such instructions will be followed, if possible.
    One comment asked whether paragraph (c)(2) meant to allow a 
claimant to choose which claims or sites will be dropped if the 
maintenance fee payment is not sufficient for all of their claims. The 
answer is yes. However, if the claimant does not notify BLM of the 
preference, then BLM will apply the fees to those claims in ascending 
numerical order of serialization.
    One comment requested that cross references to Secs. 3833.1-4 and 
3833.1-5, provisions on service charges and maintenance fees, be added 
in paragraph (c)(2). This did not seem necessary, in part due to the 
physical proximity of the provisions.
    One comment said that paragraph (c)(3) should be changed to remove 
the phrase ``* * * existing recorded and serialized mining claims and 
sites* * *'' and to substitute the phrase ``* * * the list of claims 
submitted by the claimant * * *.'' This change has not been made, but 
rather, the paragraph has been removed from the final rule because it 
largely repeats provisions of paragraph (c)(2).

43 CFR 3833.1-4

    One comment stated that paragraph (b) was unclear in its reference 
to ``recording.'' This paragraph has been amended to make it clear that 
the reference is to recordation with BLM.
    One comment said that the reference in paragraph (f) to facsimile 
authorizations may cause problems, because some have been misdirected 
in the past. A misdirected facsimile would not be considered a filing 
in the proper office; no filing or payment is complete or proper until 
it is received in the appropriate office.
    One comment suggested that paragraph (g) should allow overpayments 
to be credited to declining deposit accounts. This amendment has been 
made to the final rule.

43 CFR 3833.1-5

    The introduction to this section has been simplified to remove 
information that is provided elsewhere in the regulations. The sentence 
referring to the application of paid rental fees to the maintenance fee 
was removed, because it confused the two fees and erroneously applied 
the succeeding statutes. There is no possibility under either statute 
that the rental fees covering 1992-93 and 1993-94 could be applied to 
the maintenance fees covering assessment years beginning with 1994-95. 
Also, the reference to Sec. 3833.1-8 has been changed to Sec. 3833.1-1 
because of a redesignation in the final rule.
    Paragraph (h)(2)(i) is removed in the final rule because it 
contains information provided elsewhere in the regulations.
    Three comments questioned whether it was correct to say that the 
assessment years covered under the Act of August 10, 1993, end on 
September 1, 1999. It is correct because a maintenance fee paid on or 
before August 31, 1998, will hold the claim through September 1, 1999.
    One comment questioned whether this section allows claimants to 
have more than 10 claims waived. The answer is no. The language clearly 
refers to Sec. 3833.1-6, which explains that the waiver can apply only 
to those with 10 claims or fewer.
    One comment said that the reference in the first sentence of this 
section to Sec. 3833.1-8 in the proposed rule was incorrect because 
Sec. 3833.1-8 did not make an exception from payment of the maintenance 
fee. This first sentence refers to Sec. 3833.1-8 in the proposed rule, 
redesignated as Sec. 3833.1-1 in the final rule, because the section 
referred to provides for refunds in certain cases. Therefore, the 
reference is necessary because it shows that the maintenance fee is not 
always nonrefundable, not because the section referred to provides for 
some exception to the payment requirement.
    One comment asked whether maintenance fees can be paid for years in 
the future despite the fact that assessment work always has had to be 
performed annually. The answer is yes because the maintenance fee has 
only to be paid on or before the August 31 deadlines, so that a 
claimant could pay $500 to hold a claim through September 1999. In the 
event, however, that the fee is adjusted pursuant to Section 10105(c) 
of the Act, reconciliation payments or refunds may be necessary. 
Assessment work requirements for small miners remain the same.
    One comment stated that paragraph (a)(1) was unclear in its 
reference to the ``time of recording.'' The final rule has been amended 
to make it clear that this refers to filing with BLM.
    One comment said that it was incorrect for paragraph (a)(2) to 
allow no waiver for the initial claim maintenance fee due upon 
recordation of a new claim. The small miner waiver is a discretionary 
waiver. A waiver of the initial maintenance fee for small miners would 
be unnecessarily difficult to administer and impossible to apply 
equally to all miners. Varying filing requirements arise when miners 
perform assessment work at different times during the assessment year, 
and, in some instances, new locations could change the status of some 
small miners. As a matter of discretion, therefore, BLM will not allow 
a waiver for the initial maintenance fee required upon location of a 
new claim.
    Several comments stated that paragraph (a)(1) does not account for 
the situation where the August 31 filing deadline falls within a new 
location's 90-day recording period. Language similar to that in the 
rental fee regulations has been added in paragraph (a) to cover this 
situation.
    One comment requested that a requirement be added to paragraph (b) 
in which the claimant would indicate for which year a submitted 
maintenance fee is intended. This extra requirement was not added 
because in almost all cases it will be apparent which year the fee is 
intended.
    One comment said that paragraph (g) should be removed because a 
small miner who transfers a claim has complied with the Act, but would 
have to sell the claim for $100 less to a non-small miner transferee. 
The comment stated that this would effectively take away the small 
miner's waiver. Such a result in claim transfer negotiations is not 
certain. In addition, this provision cannot be changed because the 
statute is very explicit that a claimant who has more than 10 claims is 
required to pay the fee. The purchase price that is negotiated could be 
any amount decided by the two parties and by no means has to reflect 
the maintenance fee to be paid by the non-small miner transferee.
    Two comments addressing paragraph (g) asked what would happen if 
only a percentage of the interest in a claim subject to a waiver, 
rather than the whole interest, was transferred to a party not entitled 
to a waiver. Because a response to this question depends on whether the 
parties are related, a general answer cannot be given here. However, 
the paragraph is amended to add the phrase ``or in part.''
    Two comments asked what would happen if, unlike the situation 
described in paragraph (g), a waived mining claim was transferred to 
someone who qualified for a waiver. In such a case the claim would be 
waived as long as the new owner still qualified for the waiver with the 
addition of the new claim.
    One comment stated that the reference in paragraph (g) to the 
``time of filing'' the transfer of interest should be changed to the 
effective date under State law. This is correct and the amendment has 
been made in the final rule.
    One comment stated that paragraph (g) should not allow payments 
after the applicable August 31 deadline in cases where claims are 
transferred to an entity not entitled to a waiver, because there is no 
statutory authority for such extensions. This is correct and the final 
rule has been amended accordingly.
    One comment asked whether paragraph (h) will cause claimants who 
had already paid under the old rate to have to make additional partial 
payments. For purposes of clarification, paragraph (h)(2) has been 
amended in the final rule to eliminate the possibility of second 
payments being required in any given year as a result of an increase. 
If payments are made in advance of the year in which the fee is due, 
additional partial payments would be required if the fee is adjusted 
upward for that year.
    One comment stated that the public notice provided for in paragraph 
(h)(1) should be done by letter to each individual miner. No decision 
has been made on how public notice under this paragraph will be 
accomplished, but it will be within the guidelines of the 
Administrative Procedure Act, which controls all such methods of 
official notification, and applicable case law.
    One comment asked whether a possible upward adjustment of the 
maintenance fee per paragraph (h)(2) would mean that the small miner 
would have to do assessment work of an increased value as well. The 
answer is no. The amount of assessment work to be performed is 
established in the Mining Law of 1872. The maintenance fee is in lieu 
of assessment work required, the value of which has not been amended. 
No further clarification is necessary in the regulations on this point.
    One comment questioned some of the references in paragraph (i). 
This paragraph has been removed in the final rule, because its contents 
are stated elsewhere in Secs. 3833.1-5 and 3833.1-6.

43 CFR 3833.1-6

    Paragraph (a)(1) was amended to make it clear that for purposes of 
obtaining the small miner waiver, the claimant is required to certify 
that he or she owns 10 claims or fewer on the date payment is due, 
which is August 31 of each year the Act of August 10, 1993, remains in 
effect.
    Two comments challenged this section of the proposed rule, 
correctly observing that the Secretary is not required to offer a small 
miner waiver under the Act of August 10, 1993. One comment stated that 
the Secretary also had the choice of not offering the waiver or 
offering some other kind, such as a one-claim waiver. The comment went 
on to ask about the analysis that went into the decision to offer the 
10-claim waiver and pointed out the administrative costs and loss of 
revenue to the government in offering it (the other comment was also 
concerned with administrative costs). It further asked what percentage 
of claims of record are owned by those with 10 or fewer claims. It also 
said that the National Performance Review requested by the President 
states that the Government should get a fair return for Federal 
resources and the waiver runs counter to this idea. There is nothing to 
suggest that Congress intended anything other than for the Secretary to 
decide whether to offer the 10-claim waiver as outlined in the Act, or 
not to offer it at all. The statute allows the Secretary discretion to 
offer the waiver to small miners, but defines small miners very 
specifically. Also, the Act essentially extends the previous rental fee 
statute, which offered a similar 10-claim exemption. Therefore, no 
other types of waivers such as a one-claim waiver were considered. The 
choice to offer the 10-claim waiver was made primarily because the fact 
that Congress included the waiver in the legislation, although within 
the Secretary's discretion, and included specific criteria for 
implementing it, suggests that Congress believed that allowing the 
waiver is appropriate in certain circumstances, which the statute 
proceeds to lay out in detail. It is true that there is an 
administrative cost and a loss of revenue to the Government because of 
the waiver. It was determined, however, that these costs are justified. 
The decision to offer the waiver does not conflict with the National 
Performance Review, because the Administration's position concerning a 
fair return for resources must be applied in light of the particular 
facts involved, including other Administration positions, such as the 
policy of helping small business. Additionally, it is the 
Administration's position that a royalty on production should be 
instituted in separate Mining Law reform legislation, which would also 
apply to small miners. This is where the return for resources is more 
fairly applied. Only approximately 10 percent of all active mining 
claims on Federal land are eligible to be excused from the maintenance 
fee, so the vast majority of claims will be subject to maintenance fees 
paid by the claimants.
    One comment stated that paragraph (a) should not allow mill and 
tunnel sites to be waived if listed on a small miner waiver 
certification. Such sites will be eligible for waiver, because the Act 
of August 10, 1993, specifically allows a waiver of the maintenance fee 
required for mining claims and mill or tunnel sites.
    One comment objected to paragraph (a)(1), which allows a small 
miner to pay the fee as well as file for a waiver if so desired. The 
comment stated that this is misleading because the fee is nonrefundable 
and the fee waiver would become moot. The comment suggested that in 
such a case as this the fee should be refunded if a small miner waiver 
is found to be valid. The purpose of this paragraph, which is similar 
to language which implemented the rental fee, is to make clear that 
there is no penalty for both paying the fee and filing the waiver. The 
BLM has had a policy of not offering refunds in cases such as this 
because of the significant costs associated with processing refunds, 
and because a decision to pay the fee and file the waiver is entirely 
within the discretion of the claimant. It has been determined that such 
costs go beyond basic public service and represent a burden on the 
taxpayer. However, the regulation provides at Sec. 3833.1-1(d) that in 
such a case the claimant could apply the payment to a subsequent year 
if the most current claim fee is waived through the small miner 
certification process.
    Two comments asked whether paragraph (a)(1) allows for claimants to 
pay the fee for some claims and get the waiver for some if they have 10 
or fewer total. The answer is no because the statute requires that if 
eligible claimants decide to apply for the small miner waiver they must 
do so for all their claims. This paragraph does allow for a claimant to 
both pay and file for a small miner waiver for all or some of his or 
her claims, but all of the claims count in deciding whether the 
claimant is qualified for the small miner waiver.
    One comment stated that paragraph (a)(1) should provide that if 
only one co-owner has more than 10 claims that only his or her interest 
in the claims will be forfeited in the event of non-payment under 
Sec. 3833.4. This depends on the relationship between the parties. If 
the co-owners are not related parties as defined in the law and this 
rule, the claim would be void as to the non-small miner co-owner only.
    Regarding paragraph (a)(3) one comment asked how a claimant makes a 
certification for mill and tunnel sites when assessment work is not 
required for sites. Simply listing sites on the small miner waiver form 
will act as a notice of intention to hold and will suffice for 
certification.
    One comment asked whether, pursuant to paragraph (a)(3), a small 
miner who owned only mill or tunnel sites could get a waiver. The 
answer is yes.
    One comment said that paragraph (a)(3) should state that mill and 
tunnel sites are required to be active for the fee to be waived. The 
maintenance fee is collected only in lieu of the assessment work 
requirement, 30 U.S.C. 28-28e. No activity level is specified for mill 
sites in those sections of the Mining Law. Therefore, no such 
requirement has been added to this rule. The validity of millsites may, 
nevertheless, still be challenged based on the requirements in 30 
U.S.C. 42.
    One comment asked if paragraph (a)(3) meant that if mill sites are 
listed on a small miner certification, this would constitute a filing 
of a notice of intention to hold. The answer is yes, and this is 
further clarified in Sec. 3833.1-7(c).
    One comment asked whether paragraph (b) required that a reclamation 
plan be approved before the claimant can file the certification 
statement, whether a closure date is required under the certification, 
and whether a statement will have to be filed every year until closure. 
The comment also pointed out that notice-level reclamation work does 
not need to be approved by the authorized officer. Another comment 
questioned the procedure to be followed on lands where the surface is 
not managed by BLM. Unless only notice-level activities are being 
conducted on the mining claim, a reclamation plan is required to be 
approved before a certification statement can be filed. This paragraph 
has been amended to add ``in consultation with'' the authorized officer 
to cover notice-level operators who describe such reclamation plans in 
their notice, but are not required to have them approved. Such 
reclamation plans, whether a part of notice- or plan-level operations, 
are always required to be on file prior to any August 31 deadline. No 
closure date is required as a part of the certification statement, and 
such statement will have to be filed every year until closure. This 
paragraph also has been amended to clarify the process for claims for 
which the surface is not managed by BLM.
    Two comments urged removal of paragraph (b), with one comment 
inquiring as to its statutory authority, its legal effect, and the 
effect of failure to follow it. It further questioned whether this 
amounted to paying miners for doing what they were already obligated to 
do under the law. Another comment questioned this paragraph as well. 
Section 10106 of the 1993 Act directs the Secretary to promulgate 
regulations implementing the maintenance and location fee requirements. 
This authority is applied here to exempt from the maintenance fee 
claims being reclaimed after mining. A valid mining claim need not be 
maintained in order for reclamation work to proceed. There is little 
incentive for claimants to maintain claims in which the minerals have 
been exhausted. It is in the Department's interest to encourage 
claimants to retain a mining claim until reclamation is complete. 
Excusing a miner from the maintenance fee during reclamation does not 
in any way release the miner from the obligation to reclaim, which 
remains as before. Release of the bond serves as incentive for 
reclamation. If the claimant is found to have filed a false 
certification, then appropriate action, including penalties under 18 
U.S.C 1001, may be instituted. Any failure to reclaim will be dealt 
with under applicable regulations.
    Paragraph (d) has been amended to make it clear that an agency 
other than the National Park Service may deny access to a claimant's 
mining claim. All such denials may be grounds for a waiver under this 
paragraph. A new subordinate paragraph (3) has been added for the 
purpose of clarity to provide that the certification filed under 
paragraph (d) may serve as notice of intention to hold under Section 
314 of FLPMA.
    Two comments stated that paragraph (e), dealing with deferments, is 
inconsistent with the maintenance fee statute, which requires payment 
of the fee at specified times. One comment also stated that the fee 
cannot be deferred if, as in the case of the non-small miner, no 
assessment work is required. The language in this paragraph is similar 
to language in the rental fee regulations. The plain language of the 
Act of August 10, 1993, states that the fee is to be paid in lieu of 
the assessment work when it is required. When the assessment work is 
deferred, the maintenance fee may also be deferred. When a deferment 
ends, for the period in which the assessment work requirement was 
replaced by the maintenance fee, the deferred maintenance fee must then 
be paid. One comment referred to this section as providing for granting 
a waiver, but this is not correct. It provides for a deferment of fees 
that will have to be paid at the termination of the deferment.
    Two comments stated that paragraph (e) conflicts with the Interior 
Board of Land Appeals decision Clay Worst, 128 IBLA 165. This decision 
found that only those claimants with 10 or fewer claims can obtain a 
deferment of assessment work. That decision was based on the previous 
rule, implementing the rental fee requirements, which is being replaced 
by this rule. It was not the intent of the Department to limit 
deferments to small miners in the last rule and it is not the intent in 
this rule. Deferments under this paragraph may be obtained for any 
number of claims. The Worst decision, which is based on the old 
regulation, does not affect this final rule because this rule 
implements a new statute.
    One comment stated that paragraph (e)(1)(ii), redesignated (e)(2) 
in the final rule, departed from current policy. This paragraph is 
basically the same as the paragraph that applied to deferments in the 
rental fee regulations. It has never been the policy of BLM for claims 
to be automatically forfeited if a deferment is denied and the August 
31 deadline has passed. In the current regulations, as well as under 
this rule, a 30-day period from the receipt of a deferment petition 
denial is allowed before payment of the fee is due. Spurious filings 
merely to delay payment of the fee have not been and should not be a 
problem, because fee payment is only potentially delayed, but not 
excused, in the case of a deferment denial.
    Regarding paragraph (f), one comment asked whether claims or sites 
under a mineral patent application for which mineral entry has not been 
allowed will be forfeited if no maintenance fee payment or waiver 
certification is received. The answer is yes.
    One comment requested clarification of paragraph (e)(1). Under this 
paragraph it is possible for a small miner who is exempt from payment 
of the $100 fee to have his or her assessment work deferred. A small 
miner who is also applying for a deferment should certify as part of 
the waiver statement due on August 31 that assessment work that would 
otherwise have been done within the subject assessment year will be 
done after the expiration of the deferment. This paragraph has been 
amended in the final rule to make this requirement clear.

43 CFR 3833.1-7

    One comment asked whether a claimant who paid a rental fee by 
August 31, 1993, for the 1993-1994 assessment year must now do 
assessment work in the 1993-1994 assessment year to obtain a waiver and 
hold the claim for the 1994-1995 assessment year, and certify to such 
by August 31, 1994, in order to qualify for a small-miner waiver. The 
answer is yes, because if the requirement were interpreted otherwise, 
the one fee payment made in 1993 would hold the claim for 2 years 
rather than 1.
    One comment stated that BLM's fee waivers for small miners are not 
noted on the land records. The comment noted that when the fee is paid, 
it is shown on the record, which therefore clearly shows good standing 
for the claim. It is true that the BLM will not formally note 
acceptance of the waiver application on the land records. The BLM does 
not take formal action to grant waivers, but anyone inspecting BLM 
records will see whether an abandoned and void decision was issued and 
therefore whether a waiver application was rejected. It is also not 
true that a record showing a fee payment means that the claim has 
definitely been deemed in good standing for another year. For instance, 
if the fee payment is by a check that is returned unpaid by the bank, 
such payment will be judged to not have occurred and the claims will be 
declared void if the payment deadline has already passed.
    Paragraph (a) was amended to insert the word ``filing'' to make 
clear that what is described in the paragraph is a proper certification 
filing. However, this does not mean that the claimant will 
automatically receive a waiver; the certification filed is required to 
be consistent with the small miner's actual situation as of August 31, 
1994, as determined by BLM.
    Three comments asked for clarification of paragraph (a). A valid 
exemption application having been filed by August 31, 1993, does not 
guarantee that the small miner's claim maintenance fee will be waived 
for the 1994-1995 assessment year. This will only happen if all the 
same elements that existed in the 1993 filing exist on August 31, 1994, 
the most obvious being the same number of mining claims. Otherwise the 
claimant will have to file a new waiver statement by August 31, 1994, 
or at least a supplemental statement. However, claimants whose 
situations have not changed since the 1993 filing need not file another 
certification.
    Paragraph (c) has been amended to make it clear that the assessment 
year beginning on September 1, 1994, is the year for which a claim is 
held when the small miner certifies to assessment work done in the 
1993-1994 assessment year by August 31, 1994. Also, a sentence 
repeating information existing in other sections has been removed.
    Paragraph (d)(3) has been amended to make it clear that, for the 
purposes of obtaining the small miner waiver, the claimant is required 
to certify that the assessment work has been performed or will be 
performed by the date the payment is due, which is August 31 for each 
year the Act of August 10, 1993, is in effect.
    One comment correctly observed that no waiver can be granted until 
after August 31 because the Act requires that the small miner have 10 
or fewer claims on that date.
    One comment asked whether paragraph (a) was correct in allowing an 
exemption filed under the rental fee statute by August 31, 1993, 
certifying that assessment work has been done in the 1993-1994 
assessment year, to constitute a proper filing for the waiver statement 
due on August 31, 1994, under the maintenance fee statute. The answer 
is yes. The rental fee statute required that claimants filing for the 
small miner exemption certify by August 31, 1993, that they would 
perform $100 worth of assessment work during the 1993-1994 assessment 
year. The maintenance fee statute requires that claimants filing for 
the small miner waiver certify by August 31, 1994, that they have 
performed the $100 worth of assessment work for the same 1993-1994 
assessment year. Because in such a case the $100 worth of work had 
already been certified to under the old law, it was determined that the 
new law did not require a doubling of assessment work, but that the 
same $100 worth of work could be used. To require $200 worth of work in 
the same year would be in conflict with the Mining Law of 1872, which 
requires only $100. This situation came about because the two laws 
overlap for the 1993-1994 assessment year as to the assessment work 
requirement for qualified small miners. The old rental fee statute will 
expire in 1994, and there is no further overlap of laws. Therefore, a 
small miner who qualified as such in 1993 need not take any action on 
August 31, 1994, if his or her situation has not changed since August 
31, 1993.
    One comment requested that pursuant to paragraph (a) claimants in 
this category should make filings by means of a new ``renewal'' form to 
be created. This would be more complicated than the process envisioned 
in this paragraph of the proposed rule, because it would be 
duplicative. If a small miner could report no change from what was 
reported in the exemption filing completed by August 31, 1993, then 
there is no purpose in requiring the miner to make any sort of new 
filing by August 31, 1994, if he or she intends to obtain another 
waiver to hold the claim for the 1994-1995 assessment year. Under the 
proposed rule the claimant would not have to make a new filing. 
However, the situation may have changed since the claimant filed in 
1993; for example, the claimant may now own seven claims instead of 
five. Such a claimant would need to make a new filing by August 31, 
1994, to reflect the changes. This could be done on the new waiver 
form, which is not any more complicated than a ``renewal'' form would 
be. Because of this, a renewal form will not be created.
    Two comments said that paragraph (a) needed clarification. The 
paragraph means that if a claimant properly filed a certification by 
August 31, 1993, under the rental fee requirements, stating that he or 
she would perform the necessary assessment work in the 1993-1994 
assessment year to hold the claim for that same assessment year, and 
did subsequently perform the assessment work, then he or she need not 
file a waiver statement by August 31, 1994. This does not mean that the 
certification filed in 1993 automatically leads to a waiver to hold the 
claims for 1994-1995. The claimant's 1993 statement and BLM records as 
of August 31, 1994, would have to be found to support a waiver for one 
to be allowed. For instance, if a claimant had added claims since the 
1993 filing and had more than 10 claims on August 31, 1994, he or she 
would not be granted a waiver on the basis of information submitted in 
1993, which no longer accurately reflects the status of the claimant. 
Such a claimant would have to pay the fee.
    Two comments stated that paragraph (c), which allows a waiver 
statement to serve as a notice of intention to hold, where required, 
should specify the situation where such a filing is required. The 
primary case where this would apply would be as to mill and tunnel 
sites.
    One comment stated correctly that paragraph (c) should refer to 
obtaining the small miner waiver for the assessment year ``beginning'' 
at noon on September 1, 1994, rather than ``ending.'' This correction 
has been made in this final rule.
    One comment asked about provisions for filing of a notice of 
intention to hold for mill sites and tunnel sites included in a small 
miner waiver. These provisions can be found in paragraph (c).
    Regarding paragraph (d) one comment asked whether each miner in a 
group or organization had to file a certification statement. Each miner 
with an ownership interest in a claim is required to be identified and 
sign the certified statement as provided in paragraphs (d)(4) and 
(d)(5).
    Two comments asked if the references in paragraph (d) to a 
``certified statement'' means the statement is required to be 
notarized. The answer is no, and the phrase ``certified statement'' has 
been changed to ``statement'' or ``waiver certification,'' as 
appropriate to the context, in the final rule.
    One comment said that paragraph (d) should require evidence of 
actual work on a claim such as proof of a Notice or Plan of Operations 
as was required under the old rental fee statute. The requirement for a 
Plan or Notice was statutory under the rental fee regulations, while 
the maintenance fee statute only calls for submission of proof of 
annual assessment. Therefore, the Plan of Operations or Notice 
requirement was not included in this rule. The BLM will perform 
periodic inspections of mining claims in order to make certain that 
work is being performed on mining claims for which fees are waived.
    One comment asked whether, pursuant to paragraph (d), a claimant 
who has one claim, and who is a member of a corporation that has nine 
claims, other members of which have other claims, can receive the small 
miner waiver. The answer depends upon whether the claimant is a 
``related party'' to the corporation and other members of the 
corporation. A ``related party'' is defined in the Act as one who 
controls, is controlled by, or is under common control with, another. 
The Act goes on to provide that control includes actual control, legal 
control, and the power to exercise control, through or by common 
directors, officers, stockholders, a voting trust, or a holding company 
or investment company, or any other means. Whether a claimant is a 
related party for purposes of qualifying as a small miner will be 
determined on a case-by-case basis. Because this question has been 
raised in a public comment, BLM will consider a subsequent proposed 
rulemaking to provide interpretation of this provision.
    One comment correctly observed that, under paragraph (d)(2), a 
claimant could file for the small miner waiver before August 31, and 
then relinquish any excess claims so as to have 10 or fewer claims by 
August 31, thereby meeting that requirement for the waiver.
    One comment said that paragraph (d)(5) should require notarization 
of signatures on the small miner waiver statement. The reason given was 
that some claimants use fictitious names to increase acreage in 
association placer claims. Requiring notarization would cause far more 
difficulty for all concerned, with little or no benefit. Meeting the 
notarization requirement is especially inconvenient for multiple co-
owners. In the event a claimant fraudulently inserts fictitious names 
as in the example above, the claim would be open to attack from rival 
claimants.
    Two comments requested a clarification of paragraph (e)(2). The 
Soldiers' and Sailors' Relief Act allows mining claims held by persons 
on active military duty, or within 6 months of their release from 
active duty, or during or within 6 months after their release from any 
period of hospitalization due to military injuries, to be exempt from 
the assessment work requirement. Likewise, such claims will be exempt 
from the maintenance fee requirement. The official notice filed by a 
person that he or she has entered active duty in the military service 
should also include the scheduled date of discharge. Military personnel 
would be subject to all assessment work or fee requirements 6 months 
following discharge, unless proof of re-enlistment is submitted that 
includes a new discharge date. A person who has been on active duty 
since before August 30, 1994, is required to file notice of such active 
duty status in the assessment year he or she wishes the exemption to 
begin. Beginning September 1, 1994, any decision voiding a claim to 
which this exemption applies, for nonpayment of the maintenance fee, 
will be vacated. This provision has been added to paragraph (e)(2) in 
the final rule. Filing a notice of intention to hold is not necessary, 
because fee payments for mill and tunnel sites, for instance, would 
merely be exempted in this case. As long as a qualified claimant 
follows the requirements of this paragraph, the claim cannot be 
considered abandoned for failure to pay the maintenance fee. Section 
(e) has also been amended to make it clear that, for a claimant to 
qualify under this section, he or she must own the claim without any 
unqualified co-owners, and cannot be controlled by anyone who is 
unqualified under this section. Finally, for the purpose of clarity, 
the order of paragraphs (e)(1) and (e)(2) in the proposed rule has been 
reversed in the final rule.
    One comment stated that paragraph (f) should be removed because it 
would allow claimants who cannot perform assessment work in National 
Parks, for example, also to avoid paying the maintenance fee. Because 
the assessment work restriction within National Parks does not 
automatically signify that a claimant has been denied all access to his 
or her mining claim(s), BLM has accepted this comment and paragraph (f) 
has been removed in the final rule. Claimants who hold mining claims 
within National Parks and who would otherwise file a notice of 
intention to hold must pay the maintenance fee to hold their claims 
unless they are denied all access to their mining claims by the 
National Park Service or they are qualified as a small miner. Claimants 
who have been denied all access to their mining claims by the National 
Park Service or other governmental agencies may seek relief from the 
maintenance fee under Sec. 3833.1-6(d).

43 CFR 3833.1-8

    This section is redesignated in this final rule as section 3833.1-
1. The old Sec. 3833.1-1 is being removed administratively as a part of 
this rule, as explained above.
    Paragraph (d) has been amended to show that the Act of August 10, 
1993, does not affect the assessment work requirements starting 
September 1, 1999, and that the first FLPMA filing not affected by the 
Act is the one due on December 30, 2000.
    One comment asked if fees or charges should be returnable if the 
claims are still shown as active on BLM records but have been voided or 
abandoned by operation of law, but for which a decision has not yet 
been issued. The answer is yes, if for some reason payments are made on 
such claims.
    Two comments asked what the term ``docketed'' in paragraph (a) 
means. This word and other terms of art have been removed and replaced 
with other terms to clarify the point at which service charges cannot 
be returned.
    One comment asked if service charges for amended locations will 
also be returnable under paragraph (b). The answer is yes.
    One comment disagreed that paragraph (b) allows service charges to 
be returnable in such a case. Service charges must be returnable in 
this case because the charges were paid for a service that will not be 
performed. For instance, if a small miner submits the service charge 
with his or her annual assessment filing on a claim that is already 
abandoned and void by operation of law, the service that the charges 
are for (to process the annual filing submitted) will never be 
rendered.
    One comment asked whether paragraph (c) should refer to the time of 
``submission'' of fees rather than the time ``fees were paid.'' The 
term ``time of submission'' is more precise and the final rule has been 
amended accordingly.
    One comment said that paragraph (c) did not cover all instances for 
which fees may be refunded. This paragraph has been amended to add 
overpayments as a reason for refund.
    One comment asked for a clarification of whether paragraph (d) 
means that BLM will only refund duplicate payments when requested to. 
The answer is yes, but the final rule regarding this process has been 
amended to give the claimant a choice between a refund or an 
application of the excess fees to a future year.
    One comment said that paragraph (d) should not apply to maintenance 
fees, but instead a new paragraph should be added in which application 
of the duplicate fees to a future year would be automatic unless a 
refund is issued. This paragraph has been amended to require that 
claimants who overpay their fee be given the choice either to receive a 
refund or to apply the fees to a subsequent year. Claimants will be 
notified in every case, because they have a right to direct how their 
overpayment is to be treated, and must know how much they have already 
contributed to the next year's payment in order to adjust their payment 
for the next year.
    One comment suggested that paragraph (d) should be reworded for 
clarity. This has been done in the final rule.

43 CFR 3833.2-3

    Paragraph (e) has been amended to provide that fee payments under 
the Act of August 10, 1993, need only be made for new claims located on 
or before September 29, 1998. The time period that such a claim will be 
held in good standing by such a payment has also been clarified.

43 CFR 3833.2-6

    One comment stated that the term ``mineral entry'' is inconsistent 
with terminology in 43 CFR 3851.5(a) and should be changed to reflect 
this. It is inappropriate to make this change because the term is used 
in this section as it is in 43 CFR subpart 3851.
    One comment challenged the statutory authority for this section. 
The comment stated that allowance of mineral entry is only an early 
hurdle in the patent process, and a claim at that point remains 
unpatented and thus subject to the fee. The comment also stated that 
associated regulations that allow assessment work to be excused in such 
a case are similarly erroneous. There is no specific statutory 
authority for this section, but there are significant numbers of 
judicial decisions supporting it. The end of the obligation to file 
proof of performance of assessment work is a part of the recognition of 
mineral entry, which must be determined on a case-by-case basis. The 
similar treatment of the maintenance fee payment is also a recognition 
of this mineral entry.
    Two comments asked for the definition of when mineral entry begins. 
One comment urged insertion of the definition into the rule. When 
mineral entry occurs must be determined on a case-by-case basis.
    One comment said that this section should be reworded because a 
notice of intention to hold can no longer be filed on a mining claim. 
This section has been reworded in the final rule to reflect this.

43 CFR 3833.3

    One comment stated that paragraph (c) in the proposed rule is 
misleading because it refers to transfers of interest ``being 
effective'' on the date of recordation with BLM and also refers to 
``BLM record title purposes,'' which it said implies that BLM records 
reflect the true state of legal title for mining claims. This paragraph 
has been amended in the final rule to make it clear that the 
recordation date of a transfer of interest is merely the effective date 
for BLM record purposes. The paragraph is further amended by removing 
the phrase ``For BLM record title purposes'' to eliminate this 
confusion.
    Three comments asked for a clarification of paragraph (c). The 
paragraph means to say that a transfer is first officially shown on BLM 
records as of the date of recordation with BLM. The actual effective 
date of the transfer is determined by State law.

43 CFR 3833.4

    Two comments stated that paragraph (a)(1)(i) does not make 
reference to annual filings as to mill sites. This inadvertent omission 
has been corrected in the final rule.
    One comment said that paragraph (a)(3), which deals with failure to 
perform assessment work on or before the date of the filing of a waiver 
statement, cannot result in forfeiture of the claim because this is not 
allowed under the Mining Law. The comment further stated that 
retroactive forfeiture of a claim for failure to perform assessment 
work once the waiver has already been granted should not be allowed. 
This paragraph is only referring to situations where a claimant would 
file a false statement which says that assessment work had been 
performed when it had not. In such a case, upon investigation, the 
claims would be declared void for failure to pay the maintenance fee, 
given that an invalid waiver certification was filed.
    One comment said that the current paragraph (b) had been 
incorrectly amended in previous rules so that complete cross references 
regarding the curability of the contents of a notice of intention to 
hold were omitted. The paragraph is amended by adding a cross reference 
to Sec. 3833.2-5.
    One comment said that paragraph (b) did not adequately explain that 
failure to file complete information under the referenced sections is 
not automatically fatal, but is curable by means of submittal of the 
information in response to a notice from the authorized officer asking 
for it. The paragraph clearly says that this failure is curable, and no 
amendment is considered necessary.
    One comment said that paragraph (c) did not reflect the case law 
regarding on whom BLM must serve notice. It cited an Interior Board of 
Land Appeals (IBLA) decision to support its position. The IBLA decision 
in question directed BLM to look at assessment affidavits in order to 
help determine the last address of record for an owner. This paragraph, 
however, merely deals with determining who is the owner of a claim, not 
where he or she lives. Therefore, it does not run afoul of the cited 
decision of IBLA.

43 CFR 3833.5

    One comment requested that a change be made to paragraph (d) to 
allow for an additional method of service within this subpart. This 
change cannot be made in the final rule because it was not proposed in 
the May 11, 1994, Federal Register publication. Substantive changes may 
not be made in regulations, absent emergency circumstances, without 
providing opportunity for public comment on the proposed changes. 5 
U.S.C. 553. The BLM will give consideration to this request to 
determine whether additional methods of service are warranted and 
should be adopted by future rulemaking.

43 CFR 3851.4

    Two comments asked whether mill or tunnel sites should be added in 
the co-ownership provisions of this section. The answer is yes, and 
sites have been added to this section in this final rule to clarify the 
rights and responsibilities of co-owners of these sites.
    One comment stated that paragraph (a) should clearly state that the 
year referred to means assessment year. This amendment has been made in 
the final rule.
    One comment suggested that the phrase ``ownership records'' in 
paragraph (b) should be changed to ``BLM records'' to underscore that 
BLM is not the official repository of mining claim ownership records. 
The BLM does not consider itself the keeper of the definitive record of 
ownership, and this paragraph in the proposed rule is not intended to 
imply that it is.
    One comment said that the phrase ``record title'' in paragraph (c) 
should be changed to ``BLM records'' in order to avoid suggesting that 
the BLM ownership records are the official legal title records. The 
paragraph has been amended to remove this misleading implication.
    The principal authors of this final rule are Frank Bruno and Roger 
Haskins of the Division of Solid Minerals, assisted by the staff of the 
Division of Legislation and Regulatory Management, BLM.
    It has been determined that this final rule does not constitute a 
major Federal action significantly affecting the quality of the human 
environment, and that no detailed statement pursuant to Section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) is required. The BLM has determined that this rule is 
categorically excluded from further environmental review pursuant to 
516 Departmental Manual, Chapter 2, Appendix 1, Item 1.10, and that the 
rule will not significantly affect the 10 criteria for exceptions 
listed in 516 DM 2, Appendix 2. Pursuant to the Council on 
Environmental Quality regulations (40 CFR 1508.4) and environmental 
policies and procedures of the Department of the Interior, 
``categorical exclusions'' means a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment and that have been found to have no such effect in 
procedures adopted by a Federal agency and for which neither an 
environmental assessment nor an environmental impact statement is 
required.
    This rule has been reviewed under Executive Order 12866.
    The Department also certifies that this document will not have a 
significant economic effect on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The fee 
may represent an economic consideration for a small, marginal operation 
that does not qualify for an exemption under the rule. However, most 
small operations would qualify. A small entity that holds a valuable 
mining claim will not be deterred by the annual fee, and many of them 
will qualify for an exemption. Most marginal claims were already 
abandoned in 1993 upon promulgation of the regulations implementing the 
Act of October 5, 1992.
    As required by Executive Order 12630, the Department of the 
Interior has determined that the rule would not cause a taking of 
private property. The requirement that a modest fee be paid to hold or 
maintain an existing unpatented mining claim, mill or tunnel site 
constitutes a reasonable regulatory burden, and it will have no effect 
on a claimant's use of his or her claim or site as long as he or she 
complies with the requirement.
    The Department has certified to the Office of Management and Budget 
that these regulations meet the applicable standards provided in 
sections 2(a) and 2(b)(2) of Executive Order 12778.
    The provisions for collection of information contained at 43 CFR 
Parts 3730, 3820, 3830, and 3850, and subpart 3809 have previously been 
approved by the Office of Management and Budget and assigned clearance 
numbers 1004-0104, 1004-0110, and 1004-0114. Information collections 
for Parts 3730, 3820, 3830, and 3850 were consolidated under clearance 
number 1004-0114 in the July 15, 1993, rule (58 FR 38186). As this rule 
removes obsolete or inoperative sections of Title 43, Code of Federal 
Regulations, and extends the information collection-related effect of 
the previously enacted Act of October 5, 1992, and implementing 
regulations published on July 15, 1993, this rule does not contain 
information collection requirements that require approval by the Office 
of Management and Budget under 44 U.S.C. 3501 et seq.

List of Subjects

43 CFR Part 3720

    Coal, Mineral royalties, Mines, Public lands--mineral resources.

43 CFR Part 3730

    Administrative practice and procedure, Mines, Public lands--mineral 
resources, Reporting and recordkeeping requirements, Surety bonds.

43 CFR Part 3800

    Administrative practice and procedure, Environmental protection, 
Intergovernmental relations, Mines, Public lands--mineral resources, 
Reporting and recordkeeping requirements, Surety bonds, Wilderness 
areas.

43 CFR Part 3810

    Mines, Public lands--mineral resources, Reporting and recordkeeping 
requirements.

43 CFR Part 3820

    Mines, Monuments and memorials, National forests, National parks, 
Public lands--mineral resources, Reporting and recordkeeping 
requirements, Surety bonds, Wilderness areas.

43 CFR 3830

    Mineral royalties, Fees, Mines, Public lands--mineral resources, 
Reporting and recordkeeping requirements.

43 CFR 3850

    Assessment work, Mines, Public lands--mineral resources, Reporting 
and recordkeeping requirements.

    Dated: August 15, 1994.
Bob Armstrong,
Assistant Secretary of the Interior.

    Under the authority of the Act of August 11, 1993 (Pub. L. 103-66, 
107 Stat. 312); sections 441 and 2478 of the Revised Statutes, as 
amended (43 U.S.C. 1457 and 1201); section 2319 of the Revised 
Statutes, as amended (30 U.S.C. 22); sections 310 and 703(a) of the 
Federal Land Policy and Management Act of 1976, as amended (43 U.S.C 
1701 and 1740); and the Act of April 16, 1993 (107 Stat. 60); parts 
3730, 3820, 3830, and 3850, and subpart 3809, Groups 3700 and 3800, 
subchapters A and C, chapter II of title 43 of the Code of Federal 
Regulations are amended as follows:

PART 3720--PUBLIC LAW 357; ENTRY AND LOCATION OF SOURCE MATERIALS 
UPON PUBLIC LANDS VALUABLE FOR COAL

    1. Part 3720 is removed and reserved.

PART 3730--PUBLIC LAW 359; MINING IN POWERSITE WITHDRAWALS: GENERAL

    2. The authority citation for part 3730 is revised to read as 
follows:

    Authority: 69 Stat. 681, 30 U.S.C. 621-625; 43 U.S.C. 1701 et 
seq.; 30 U.S.C. 28f-k, 107 Stat. 405.

Subpart 3730--Public Law 359; Mining in Power Site Withdrawals: 
General

    3. Section 3730.0-1 is revised to read as follows:


Sec. 3730.0-1  Purpose; lands open.

    (a) The purpose of the Mining Claims Rights Restoration Act of 
August 11, 1955 (Act), is to permit the mining, development, and 
utilization of the mineral resources of all public lands withdrawn or 
reserved for power development and other purposes, except for lands 
that:
    (1) Are included in any project operating or being constructed 
under a license or permit issued under the Federal Power Act or other 
Act of Congress, or
    (2) Are under examination and survey by a prospective licensee of 
the Federal Energy Regulatory Commission under an uncancelled 
preliminary permit that has not been renewed more than once.
    (b) Locations made under the Act on lands withdrawn or reserved for 
power development within the revested Oregon and California Railroad 
and Reconveyed Coos Bay Wagon Road Grant Lands are also subject to the 
provisions of the Act of April 8, 1948 (62 Stat. 162). See subpart 3821 
of this title.
    4. Section 3730.0-3 is revised to read as follows:


Sec. 3730.0-3  Authority.

    The authorities for the regulations in this part are the Act of 
August 11, 1955 (30 U.S.C. 621-625); Sec. 314 of the Act of October 21, 
1976 (43 U.S.C. 1744); 30 U.S.C. 28f-k, 107 Stat. 405.

    5. Section 3730.0-9 is amended by revising paragraph (a) to read as 
follows:


Sec. 3730.0-9  Information collection.

    (a) The collections of information contained in subpart 3730 have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned clearance number 1004-0110 and subsequently 
consolidated with 1004-0114. The information will enable the authorized 
officer to determine whether a mining claimant is qualified to hold a 
mining claim or site for the exploration, development, and utilization 
of minerals on all public lands that are withdrawn for power 
development. A response is required to obtain a benefit in accordance 
with the Act of August 11, 1955 (30 U.S.C. 621-625), Section 314 of the 
Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 
1744), and the Act of August 10, 1993 (Pub. L. 103-66, 107 Stat. 312).
* * * * *

Subpart 3734--Location and Assessment Work

    6. Section 3734.1 is amended by revising paragraphs (a) and (c) to 
read as follows:


Sec. 3734.1  Owner of claim to file notice of location and assessment 
work.

    (a) The owner of any unpatented mining claim, mill site, or tunnel 
site located on land described in Sec. 3730.0-1 (a) and (b), shall file 
all notices or certificates of location, amended notices or 
certificates, and transfers of interest, with the proper State Office 
of the Bureau of Land Management pursuant to Secs. 3833.1, 3833.3, 
3833.4, and 3833.5 of this title, and pay the applicable maintenance, 
location, and service fees required by subpart 3833 of this title. The 
notice, certificate, transfer, or amendment thereto shall be marked by 
the owner to indicate that it is being filed pursuant to the Act of 
August 11, 1955, the Act of April 8, 1948, or both, as required by 
Sec. 3833.5(c). Failure to so mark the location certificate will delay 
the procedures to authorize mining under subpart 3736.
* * * * *
    (c) The owner of any unpatented mining claim, mill site, or tunnel 
site located on land described in Sec. 3730.0-1 shall perform and 
record annual assessment work if he or she qualifies as a small miner 
under Sec. 3833.0-5(u) of this title or pay an annual maintenance fee 
of $100 per unpatented mining claim, mill site, or tunnel site in lieu 
of the annual assessment work or notice of intention to hold, pursuant 
to subpart 3833 of this title.

PART 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS

    7. The authority citation for part 3800 is revised to read as 
follows:

    Authority: 16 U.S.C. 447; 16 U.S.C. 347-354; 16 U.S.C. 460y et 
seq.; 16 U.S.C. 473, 478-482; 16 U.S.C. 1901, 1907; 30 U.S.C. 22 et 
seq.; 30 U.S.C. 122, 161, 162; 30 U.S.C. 242; 31 U.S.C. 9701; 43 
U.S.C. 2; 43 U.S.C. 154; 43 U.S.C. 299, 300; 43 U.S.C. 1201; 43 
U.S.C. 1474; 43 U.S.C. 1701 et seq.; 50 U.S.C. Appendix 565; 62 
Stat. 162; 100 Stat. 3457-3468; 107 Stat. 60; and 30 U.S.C. 28f-k, 
107 Stat. 405.

Subpart 3809--Surface Management

    8. Section 3809.0-3 is amended by adding new paragraph (e) to read 
as follows:


Sec. 3809.0-3  Authority.

* * * * *
    (e) The Act of October 21, 1970 (16 U.S.C. 460y et seq.), as 
amended by Section 602 of the Federal Land Policy and Management Act of 
1976 (16 U.S.C. 460y-8), established the King Range Conservation Area 
in California. The Secretary is required under these Acts to manage 
activities in this conservation area under the General Mining Law of 
1872 in such a manner as to protect the scenic, scientific, and 
environmental values against undue impairment, and ensure against 
pollution of streams and waters.
    9. Section 3809.0-5 is amended by adding new paragraph (l) to read 
as follows:


Sec. 3809.0-5  Definitions.

* * * * *
    (l) King Range Conservation Area means the area designated pursuant 
to the Act of October 21, 1970 (16 U.S.C. 460y et seq.), as amended by 
Section 602 of the Federal Land Policy and Management Act of 1976 (16 
U.S.C. 460y-8).

    10. Section 3809.1-4 is amended by adding new paragraph (b)(6) to 
read as follows:


Sec. 3809.1-4  Plan of operations: When required.

* * * * *
    (b) * * *
    (6) The area designated as the King Range Conservation Area 
pursuant to 16 U.S.C. 460y et seq., as amended by section 602 of the 
Federal Land Policy and Management Act of 1976.
* * * * *

PART 3810--LANDS AND MINERALS SUBJECT TO LOCATION

    10. The authority citation for Part 3810 is added to read as 
follows:

    Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 1201 and 1740.

Subpart 3811--Lands Subject to Location and Purchase

    11. Section 3811.2-2 is revised to read as follows:


Sec. 3811.2-2  Lands in national parks and monuments.

    The Mining in the Parks Act (16 U.S.C. 1901 et seq.), effectively 
withdrew all National Parks and Monuments from location and entry under 
the General Mining Law of 1872, as amended. Since September 28, 1976, 
all National Parks and Monuments and other units of the National Park 
System have been closed to the location of mining claims and sites 
under the General Mining Law of 1872, as amended. Valid existing rights 
are recognized, but access and permission to operate mining claims and 
sites within units of the National Park System are now governed by 36 
CFR part 9.

    12. Section 3811.2-3 is revised to read as follows:


Sec. 3811.2-3  Lands in Indian reservations.

    All lands contained within the boundaries of an established Indian 
Reservation are withdrawn from all location, entry, and appropriation 
under the General Mining Law of 1872, as amended. All minerals on 
Indian Reservations may only be acquired by lease pursuant to the Act 
of May 11, 1938 (25 U.S.C. 396a), the Act of March 3, 1909 (25 U.S.C. 
396), or the Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et 
seq.). The regulations governing the mineral leasing of Indian lands 
are found in 25 CFR Chapter I Subchapter I.


Sec. 3811.2-8  [Removed]

    13. Section 3811.2-8 is removed.

PART 3820--AREAS SUBJECT TO SPECIAL MINING LAWS

    13. The authority citation for part 3820 is revised to read as 
follows:

    Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 1201 and 1740.

Subpart 3821--O and C Lands

    14. Section 3821.0-3 is revised to read as follows:


Sec. 3821.0-3  Authority.

    The authorities for the regulations in this subpart are the Act of 
April 8, 1948 (62 Stat. 162); Section 314 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1744); and the Act of August 10, 
1993 (30 U.S.C. 28f-k, 107 Stat. 405).

    15. Section 3821.2 is revised to read as follows:


Sec. 3821.2  Requirements for filing notices of locations of claims; 
descriptions.

    The owner of any unpatented mining claim, mill site, or tunnel site 
located on land described in Sec. 3821.1 shall file all notices or 
certificates of location, amended notices or certificates, and 
transfers of interest in the proper State Office of the Bureau of Land 
Management pursuant to Secs. 3833.1, 3833.3, 3833.4, and 3833.5 of this 
title and shall pay the applicable maintenance, location, and service 
fees required by subpart 3833 of this title. The notice or certificate 
of location, or amendment thereto, shall be marked by the owner as 
being filed under the Act of April 8, 1948, and, if located on 
powersite lands, also the Act of August 11, 1955, as prescribed by 
Secs. 3734.1 and 3833.5 of this title.

    16. Section 3821.3 is revised to read as follows:


Sec. 3821.3  Requirement for filing statements of assessment work.

    The owner of an unpatented mining claim, mill site, or tunnel site 
located on O and C lands shall perform and record proof of annual 
assessment work, or pay an annual maintenance fee of $100 per 
unpatented mining claim, mill site, or tunnel site, pursuant to subpart 
3833 of this title.

Subpart 3826--[Removed and Reserved]

    17. Subpart 3826 is removed and reserved.

Subpart 3827--[Removed and Reserved]

    18. Subpart 3827 is removed and reserved.

PART 3830--LOCATION OF MINING CLAIMS

    19. The authority citation for part 3830 is revised to read as 
follows:

    Authority: 30 U.S.C. 22 and 28; 43 U.S.C. 1201; 31 U.S.C. 9701; 
16 U.S.C. 1901, 1907; 43 U.S.C. 1740 and 1744; 30 U.S.C. 242; 50 
U.S.C. Appendix 565; 107 Stat. 60; 107 Stat. 405.

Subpart 3833--Recordation of Mining Claims, Mill Sites, and Tunnel 
Sites; Payment of Service Charges, Maintenance, and Location Fees

    20. Section 3833.0-1 is amended by revising paragraph (c) to read 
as follows:


Sec. 3833.0-1  Purpose.

* * * * *
    (c) The payment in the same office of an annual maintenance fee, if 
required, for each mining claim, mill site, or tunnel site held by the 
claimant;
* * * * *
    21. Section 3833.0-3 is amended by revising the first sentence of 
paragraph (a), revising paragraphs (e) and (f), and adding new 
paragraphs (g) and (h) to read as follows:


Sec. 3833.0-3  Authority.

    (a) Sections 314(a) and (b) of the Federal Land Policy and 
Management Act (43 U.S.C. 1744), as amended by the Act of August 10, 
1993 (30 U.S.C. 28f-k, 107 Stat. 405), require the recordation of 
unpatented mining claims, mill sites, and tunnel sites, and the filing 
of information concerning annual assessment work performed on 
unpatented mining claims in the proper BLM office within specified time 
periods. * * *
* * * * *
    (e) Sections 10101-10106 of the Act of August 10, 1993 (Pub. L. 
103-66, 107 Stat. 405), require an annual maintenance fee of $100 to be 
paid to the proper State Office of the Bureau of Land Management for 
each non-waived mining claim, mill site, or tunnel site. With certain 
exceptions provided in Sec. 3833.1-6, this fee is in lieu of the 
requirement to perform and record annual assessment work under 30 
U.S.C. 28-28e and section 314(a) of FLPMA. Failure to pay the fee 
within the time limits prescribed by the Act of August 10, 1993, 
constitutes a statutory abandonment and forfeiture of the non-waived 
mining claim, mill site, or tunnel site. Provisions relating to 
maintenance fees and waivers are contained in Secs. 3833.0-3(f), 
3833.1-5, 3833.1-6, and 3833.1-7.
    (f) Section 2511(e)(2) of the Energy Policy Act of 1992 (30 U.S.C. 
242) requires oil shale claim holders to pay an annual fee of $550 per 
oil shale claim, notwithstanding any other provision of law. The Act of 
August 10, 1993, specifically states that the maintenance fee provision 
shall not apply to any oil shale claims for which a fee is required to 
be paid under Section 2511(e)(2) of the Energy Policy Act of 1992. The 
$550 fee requirement for oil shale claims remains in effect. The $550 
fee is first payable on or before December 31, 1993, and on or before 
each December 31st thereafter.
    (g) The Stockraising Homestead Act of December 29, 1916 (SRHA) (43 
U.S.C. 299), as amended by the Act of April 16, 1993 (107 Stat. 60), 
provides that no person other than the surface owner may locate a 
mining claim on SRHA lands after October 13, 1993, until a notice of 
intent to locate has been filed with the proper BLM State Office and 
the surface owner is notified of the filing.
    (1)(i) When a notice of intent to locate a mining claim has been 
properly filed by a mining claimant, no other person may, until 90 days 
after the date the notice of intent is filed:
    (A) File such a notice with respect to any portions of the lands 
covered by the first notice;
    (B) Explore for minerals or locate a mining claim on any portion of 
such lands; or
    (C) File an application to acquire any interest in any portion of 
such lands pursuant to Section 209 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1719).
    (ii) The 90-day exclusive right may be extended by filing a Plan of 
Operations pursuant to subpart 3809 of this title. The extension runs 
until the BLM has approved or denied the Plan of Operations.
    (2) The mining claimant may not locate mining claims on the lands 
encompassed by a notice under the Act of April 16, 1993, until at least 
30 days after he or she has properly notified the surface owner by 
registered or certified mail, return receipt requested.
    (3) The Act of April 16, 1993, contains numerous other requirements 
prerequisite to a claimant engaging in mineral exploration and 
development activities on SRHA lands. These requirements are 
administered pursuant to subpart 3814 of this title.
    (h) The Soldiers' and Sailors' Relief Act of 1940 (50 U.S.C. 
appendix 565) excuses performance of assessment work by military 
personnel while they are on active duty, or within 6 months of their 
release from active duty, or during or within 6 months after their 
release from any period of hospitalization due to military injuries. 
The procedures for obtaining a waiver from the performance of 
assessment work may be found in subpart 3851 of this title.

    22. Section 3833.0-5 is amended by revising paragraphs (e), (g), 
(m), and (o), removing paragraphs (t) and (v), redesignating existing 
paragraphs (u) and (w) as paragraphs (t) and (u), and adding paragraphs 
(v), (w), (x), (y), (z), (aa), and (bb) to read as follows:


Sec. 3833.0-5  Definitions.

* * * * *
    (e) Owner or claimant means the person who is, under State or 
Federal law, the holder of the right to sell or transfer all or any 
part of an unpatented mining claim, mill site, or tunnel site. The name 
of the owner and his or her current address shall be identified on all 
instruments required to be recorded or filed by the regulations in this 
subpart.
* * * * *
    (g) Proper BLM office means the Bureau of Land Management State 
Office listed in Sec. 1821.2-1(d) of this title having jurisdiction 
over the land in which the claims or sites are located. In Alaska, the 
Northern District Office's Records and Public Information Unit, located 
in Fairbanks, may also receive and record documents, filings, and fees 
for all mining claims, mill sites, and tunnel sites located in the 
State of Alaska.
* * * * *
    (m) File or filed means being received and date stamped by the 
proper BLM office. For purposes of complying with Secs. 3833.1-2, 
3833.1-3, 3833.1-5, 3833.1-6, 3833.1-7, or 3833.2, a filing or fee 
required by any of these sections is timely if received within the time 
period prescribed by law, or, if mailed to the proper BLM office, is 
contained within an envelope clearly postmarked by a bona fide mail 
delivery service within the period prescribed by law and received by 
the proper BLM State Office by 15 calendar days subsequent to such 
period, except as provided in Sec. 1821.2-2(e) of this title if the 
last day falls on a day the office is closed.
* * * * *
    (o) Filing period means the time period during which documents and 
fees are required to be provided to the proper BLM office. Except for 
filings and recordings required of a small miner qualifying for a 
waiver under Sec. 3833.1-7 of this title, filings under FLPMA that 
would have been due on December 30, 1994, and each December 30 through 
and including December 30, 1999, are waived effective January 1, 1994, 
and so long thereafter as the Act of August 10, 1993, is in effect.
* * * * *
    (v) Maintenance fee means the annual $100 payment required by the 
Act of August 10, 1993 (Pub.L. 103-66, 107 Stat. 312), to hold and 
maintain a mining claim, mill site, or tunnel site. The requirement to 
pay a maintenance fee does not apply to any claim located after 
September 29, 1998.
    (w) Location fee means the one time $25 payment required by the Act 
of August 10, 1993, for all new mining claims and mill and tunnel sites 
located upon the public lands on or after August 11, 1993, and before 
September 30, 1998. The location fee shall be paid at the time the 
mining claim or site is recorded with the proper BLM office.
    (x) 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.
    (y) Control means, as defined in the Act of August 10, 1993, actual 
control, legal control, and the power to exercise control, through or 
by common directors, officers, stockholders, a voting trust, or a 
holding company or investment company, or any other means.
    (z) Forfeiture means the consequences of an act or failure to act 
that results in an unpatented mining claim, mill, or tunnel site being 
deemed to be by operation of law abandoned or null and void. The term 
has the same meaning whether it is used in the noun form or in the verb 
form ``forfeit'' or ``forfeited.''
    (aa) Returnable means that a check or negotiable instrument, 
including a valid credit card order, is received by the authorized 
officer but not yet processed through the accounting system of the 
Bureau of Land Management, and can be returned to the originator 
without processing of a refund check through the United States Treasury 
pursuant to Sec. 3833.1-1.
    (bb) Refundable means that a check or negotiable instrument, 
including a valid credit card order, has been processed through the 
accounting system of the Bureau of Land Management, and cannot be 
returned to the originator without the processing of a refund check 
through the United States Treasury or the crediting to a credit card 
account pursuant to Sec. 3833.1-1.

    23. Section 3833.0-9 is amended by revising paragraph (a) to read 
as follows:


Sec. 3833.0-9  Information collection.

    (a) The collections of information contained in subpart 3833 have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned clearance number 1004-0114. The information 
will be used to enable BLM to record mining claims, mill sites, and 
tunnel sites; to maintain ownership records to those claims and sites; 
to determine the geographic location of the claims and sites recorded 
for proper land management purposes; and to determine which claims and 
sites their owner(s) wish to continue to hold under applicable Federal 
statute. A response is required to obtain a benefit in accordance with 
Section 314 of FLPMA, as amended, the Act of April 16, 1993 (Public Law 
103-23, 107 Stat. 60), and the Act of August 10, 1993 (Public Law 103-
66, 30 U.S.C. 28f-k, 107 Stat. 405).
* * * * *
    24. Section 3833.1-1 is revised to read as follows:


Sec. 3833.1-1  Refundability of service charges, location fees, rental 
and maintenance fees.

    (a) Service charges submitted for new recordings under Sec. 3833.1-
2 are not returnable or refundable after the document has received the 
processing for which the service charges were paid.
    (b) Service charges submitted with documents to be filed pursuant 
to Secs. 3833.2 and 3833.3 are returnable or refundable if, at the time 
of submission, the affected mining claim or site is determined to be 
null and void or abandoned by operation of law.
    (c) Maintenance and location fees are not returnable or refundable 
unless the mining claim or site has been determined, as of the date the 
fees were submitted, to be null and void, abandoned by operation of 
law, or otherwise forfeited.
    (d) Maintenance fees, location fees, or service charges made in 
duplicate for the same claim or site or otherwise overpaid are 
returnable or refundable. The money will be returned or refunded to the 
party who submitted it. The authorized officer may apply the fee to a 
future year if so instructed by the payor.
    (e) Voluntary actions such as relinquishment of claims or sites, or 
payment of maintenance fees by a qualified small miner, shall not be a 
qualifying reason for obtaining a refund of such fees previously paid.

    25. Section 3833.1-2 is amended by adding paragraphs (c) and (d) to 
read as follows:


Sec. 3833.1-2  Recordation of mining claims, mill sites, and tunnel 
sites located after October 21, 1976.

* * * * *
    (c)(1) Beginning on October 13, 1993, mining claims cannot be 
located on lands patented under the Stockraising Homestead Act of 1916, 
as amended by the Act of April 16, 1993 (107 Stat 60); until the 
claimant has first filed a notice of intent to locate with the proper 
BLM State Office and has served a copy of the notice upon the surface 
owner(s) of record, by registered or certified mail, return receipt 
requested. Such notice shall be in the form and contain the information 
required in paragraph (d) of this section.
    (2) The claimant shall wait 30 days after such service before 
entering the lands to locate any mining claims on the Stockraising 
Homestead Act lands.
    (3) The authorized officer will not record any mining claim located 
on lands patented under the Stockraising Homestead Act, as amended, 
unless the claimant has complied with the requirements of this section, 
and all certificates or notices of location will be returned to the 
claimant without further action.
    (4) The surface owner of land patented under the Stockraising 
Homestead Act, as amended, is exempt from the requirements of this 
section.
    (5) All mining claims located on Stockraising Homestead lands are 
subject to the requirements of the Act of April 16, 1993. These 
additional requirements are found in subpart 3814 of this title.
    (d) A separate notice of intent shall be filed and recorded in the 
appropriate BLM State Office for each separate surface ownership in an 
individual State.
    (1) Each notice of intent submitted shall be accompanied by 
evidence of title of the surface owner(s). Evidence of title shall be 
either a certificate of title or abstract of title certified by a 
person, association, or corporation authorized by State law to execute 
such a certificate within that State, and acceptable to the Bureau of 
Land Management.
    (2) The notice of intent shall contain:
    (i) The names(s), mailing address(es), and telephone number(s) of 
the person(s) filing the notice;
    (ii) The names(s), mailing address(es), and telephone number(s) of 
the surface owner(s);
    (iii) The legal description of the lands to which the notice 
applies, to the nearest 5-acre subdivision or lot;
    (iv) The total number of acres under the specific notice of intent 
filed to the nearest whole acre;
    (v) A brief description of the proposed mineral activities;
    (vi) A map and legal description of the lands to be subject to 
mineral exploration, including access route(s);
    (vii) The name, mailing address, and telephone number of the person 
managing such activities; and
    (viii) A statement of the dates on which such activities will take 
place.
    (3) The legal description shall be based on the public land survey 
or on such other description as is sufficient to permit the authorized 
officer accurately to record the notice on the BLM land status records 
(i.e., to the nearest 5-acre subdivision or lot).
    (4) Upon acceptance of a notice of intent by the authorized 
officer, the notice of intent will be entered upon the official land 
status records of the Bureau of Land Management.
    (5) The total acreage covered at any time by notices of intent 
filed by any person and by affiliates of such person may not exceed 
6,400 acres of such lands in any one State and 1,280 acres of such 
lands nationwide for a single surface owner.
    (6) If the surface owner(s) sells all or part of the surface during 
the authorized exploration period, the person who filed the notice of 
intent is not required to notify the new surface owner(s) prior to 
entry during the authorized exploration period.

    26. Section 3833.1-3 is revised to read as follows:


Sec. 3833.1-3  Service charges, rental fees, maintenance fees, and 
location fees; form of remittance and acceptance.

    (a) Payment and acceptance policy. All service charges, maintenance 
fees, and location fees shall be payable by United States currency, 
postal money order, or negotiable instrument payable in United States 
currency, and shall be made payable to the Department of the Interior--
Bureau of Land Management, or by a valid credit card acceptable to the 
Bureau of Land Management. A check or negotiable instrument, including 
credit cards submitted for payment of charges and/or fees, for which 
payment is not honored by the issuing authority, and such refusal is 
not an error of the issuing authority, will be deemed to be a 
nonpayment of the charges or fees for which the check or negotiable 
instrument, including a credit card order, was tendered. See 
Sec. 3833.1-4 (f) and (g) for payments made by credit cards or from 
Declining Deposit Accounts.
    (b) Recordation of new mining claims, mill sites, or tunnel sites 
with the Bureau of Land Management. (1) New location notices or 
certificates submitted for recording pursuant to Sec. 3833.1-2 that are 
not accompanied by full payment of the maintenance and location fees 
required by Sec. 3833.1-4 or 3833.1-5 will not be accepted, and the 
submittal will be returned without further action by the authorized 
officer. The claimant may resubmit the filings with the proper payment 
of service charges and fees within the same 90-day filing period 
referred to in Sec. 3833.1-2(a).
    (2) Failure to provide full payment of service charges set forth in 
Sec. 3833.1-4 will be curable for new location notices or certificates 
submitted for recording pursuant to Sec. 3833.1-2 when the proper 
maintenance and location fees have been submitted. Such documents will 
be noted as being recorded on the date received provided that the 
claimant submits the proper service charge either within 30 days of 
receipt of a deficiency notice sent by the authorized officer, or on or 
before the 90th day of the filing period referred to in 3833.1-2(a), 
whichever date is later.
    (3) If the proper service charges have not been tendered pursuant 
to paragraph (b)(2), and if the claimant has not provided written 
instructions regarding the application of the funds received with the 
original filing, the authorized officer will apply such funds and 
serialize the claims in the order received. All notices or certificates 
for which there are insufficient funds to cover all service charges and 
maintenance and location fees will be returned to the claimant.
    (c) Mining claims, mill sites, and tunnel sites recorded and 
serialized by the Bureau of Land Management. (1) Failure to provide 
full payment of service charges set forth in Sec. 3833.1-4 will be 
curable for documents and filings made pursuant to Secs. 3833.2 and 
3833.3 and amended locations filed under Sec. 3833.1. Such documents 
and filings will be noted as being recorded on the date initially 
received, provided that the claimant submits the proper service charge 
within 30 days of receipt of a deficiency notice from the authorized 
officer. Failure to submit the proper service charge as required by 
this paragraph will cause filings made pursuant to Secs. 3833.2 and 
3833.3 and amended locations filed under Sec. 3833.1 to be rejected and 
returned to the claimant/owner. If a payment is received that partially 
covers the claims submitted, the payment shall be applied to mining 
claims and sites in ascending numerical order of serialization.
    (2) If a claimant fails to submit the proper maintenance fees on or 
before each August 31, the authorized officer will apply the fees 
received to existing recorded and serialized mining claims and sites in 
ascending numerical order of serialization, unless otherwise directed 
by the claimant. The authorized officer will note the deficient fees as 
being paid on the original date received, provided that the claimant 
submits the proper fees within 30 days of receipt of a deficiency 
notice from the authorized officer, if that much time remains before 
August 31. If there are less than 30 days before August 31, the correct 
fees shall be filed (see Sec. 3833.0-5(m)) by such claimant on or 
before the August 31 deadline. Failure to submit the proper fees will 
cause the forfeiture of remaining claims or sites by the claimant/
owner.

    27. Section 3833.1-4 is amended by revising the section reading; 
redesignating existing paragraphs (b) through (f) as (c) through (g), 
respectively; revising redesignated paragraphs (f) and (g); and adding 
a new paragraph (b), to read as follows:


Sec. 3833.1-4  Service charges and location fees.

* * * * *
    (b) Each notice or certificate of location of a mining claim, mill 
site, or tunnel site that is located on or after August 11, 1993, and 
before September 30, 1998, shall, when filed with BLM, be accompanied 
by a one time nonrefundable location fee of $25.
* * * * *
    (f) The claimant/owner may authorize the BLM to charge payment of 
service charges, maintenance fees, and location fees to his or her 
credit card under Sec. 3833.1-3(a) by transmitting a facsimile 
authorization bearing the signature of the claimant/owner to the 
authorized officer, or the authorized officer may accept such 
authorization by telephone if the identity of the claimant/owner is 
established to the satisfaction of the authorized officer.
    (g) The claimant/owner may also maintain a declining deposit 
account with the State Office of the BLM where the mining claims and 
sites are recorded for the payment of service charges, maintenance 
fees, and location fees. The authorized officer may deduct the 
necessary service charges and fees from or add overpayments to such 
account only at the direction of the claimant/owner.

    28. Section 3833.1-5 is revised to read as follows:


Sec. 3833.1-5  Maintenance fees.

    Except as provided in Secs. 3833.0-3(f), 3833.1-6, and 3833.1-1 (d) 
and (e), each claimant shall pay a nonrefundable maintenance fee of 
$100 for each mining claim, mill site, or tunnel site to the proper BLM 
office for each specified assessment year for which the claimant 
desires to hold the mining claim, mill site, or tunnel site. The 
assessment years covered by the Act of August 10, 1993, begin at 12 
o'clock noon on September 1, 1994, and end at 12 o'clock noon on 
September 1, 1999.
    (a)(1) The initial $100 nonrefundable maintenance fee for the 
assessment year in which the mining claim or site is located shall be 
paid for each mining claim, mill site, or tunnel site at the time of 
its filing with BLM pursuant to section 314(b) of FLPMA and 
Sec. 3833.1-2. If such claims or sites are located prior to an August 
31, and the notice of location is properly filed within the FLPMA time 
frame but after August 31, then the $100 fee that was due on August 31 
for the succeeding assessment year shall be paid at the time of filing 
the location notice along with the initial $100 fee.
    (2) The initial maintenance fee described in paragraph (1) is not 
subject to the waiver provisions contained in Secs. 3833.1-6 and 
3833.1-7.
    (b) Under the Act of August 10, 1993, a nonrefundable maintenance 
fee of $100.00 for each mining claim, mill site, or tunnel site shall 
be paid annually on or before August 31 for the subsequent assessment 
year beginning at 12 o'clock noon on September 1 of that year. The 
first payment will be due on or before August 31, 1994, with payments 
due for each August 31 through August 31, 1998. At the time of payment, 
the claimant/owner shall submit a list of claim names and BLM serial 
numbers assigned to each mining claim or site for which the maintenance 
fee is being paid.
    (c) There will be no proration of rental or maintenance fees for 
partial years of holding of mining claims, mill sites, or tunnel sites.
    (d) A small miner may, under the waiver provisions of Secs. 3833.1-
6 and 3833.1-7, perform assessment work and file the affidavit of labor 
pursuant to Sec. 3833.2 in lieu of paying the rental or maintenance 
fee.
    (e) The owner of an oil shale placer claim shall pay the required 
$550 annual rental fee to the proper BLM State Office on or before each 
December 31.
    (f) The payment of the required maintenance fee for a mining claim, 
mill site, or tunnel site satisfies the requirement to file an 
affidavit of assessment work or a notice of intention to hold pursuant 
to Sec. 3833.2.
    (g) If a waived mining claim or site is transferred in total or in 
part to a party not qualified for a waiver, the waiver is forfeited for 
the mining claim or site or portion of interest therein transferred to 
the unqualified party. The maintenance fee for the previously waived 
claim or site will be paid for the assessment year in which the 
transfer was effective under State law pursuant to Sec. 3833.3. The 
applicable deadline is the August 31 on or immediately after which the 
transfer is effective under State law.
    (h) The Secretary will adjust the location and maintenance fees 
every 5 years, based upon the Consumer Price Index (CPI) as published 
by the Bureau of Labor Statistics, Department of Labor. The Secretary 
may adjust the location and maintenance fees sooner, if he deems it 
reasonable, based upon changes in the CPI.
    (1) Public notice of any adjustment of maintenance or location fees 
will be provided by July 1 of the assessment year prior to the 
assessment year to which the adjustment becomes effective.
    (2) Any such adjustment of maintenance or location fees to reflect 
changes in the CPI will be payable no later than the second August 31 
following the July 1 by which the notice of the adjustment was given.

    29. Section 3833.1-6 is revised to read as follows:


Sec. 3833.1-6  Maintenance fee waiver qualifications under the Act of 
August 10, 1993, and other exceptions--applicable from 12 o'clock noon 
on September 1, 1993, until 12 o'clock noon September 1, 1999.

    A small miner may, under certain conditions described in this 
section and in Sec. 3833.1-7, perform the assessment work required 
under 30 U.S.C. 28-28e and record it pursuant to Section 314(a) of 
FLPMA and Sec. 3833.2 in lieu of paying the maintenance fee. Assessment 
work shall conform to the requirements contained in subpart 3851 of 
this title.
    (a) In order to qualify for a waiver of the maintenance fee 
requirements, a small miner shall meet all of the following conditions:
    (1) The claimant and all related parties shall hold no more than 10 
mining claims, mill sites, and tunnel sites, or any combination 
thereof, on Federal lands in the United States on the date the payment 
is due, which is each August 31. For purposes of determining the small 
miner waiver, oil shale claims shall not be counted toward the 10 claim 
limitation for the small miner waiver of the $100 maintenance fee. A 
claimant who owns 10 or fewer claims, mill sites, and tunnel sites, and 
otherwise meets the requirements of this section, is not precluded from 
paying the maintenance fee in addition to filing for a small miner 
waiver.
    (2) All mining claims and sites held by a claimant and all related 
parties shall be counted toward the 10 claim and site limit.
    (3) Mill and tunnel sites of a qualified small miner, if listed 
upon the exemption certificate along with the affected lode and placer 
mining claims, are waived from payment of the maintenance fee.
    (b) Mining claims and sites that are undergoing final reclamation, 
as approved by the authorized officer pursuant to subparts 3802, 3809, 
or 3814 of this title, with no intent by the owner thereof to continue 
mining, milling, or processing operations upon or under the mining 
claims or sites, are excused from payment of the maintenance fees. The 
owner shall file a certified statement by August 31 in the proper BLM 
office attesting to the reclamation status of the affected mining 
claims and/or sites, with reference to a reclamation plan approved by 
the authorized officer for plan-level activities or submitted in 
consultation with the authorized officer for notice-level activities, 
and to his or her intent to place them into permanent closure. If the 
surface is managed by an entity other than BLM, the claimant shall 
submit evidence of a final reclamation plan that conforms to the 
requirements of the managing entity. A certified statement of such 
intent and reclamation shall be filed pursuant to Sec. 3833.1-7. The 
number of mining claims or sites that may properly qualify for a 
reclamation waiver pursuant to this paragraph is not restricted to a 
10-claim limit.
    (c) Pursuant to the Soldiers' and Sailors' Relief Act (50 U.S.C. 
Appendix 565), military personnel on active duty status may, under 
certain conditions, qualify for an exemption from the performance of 
assessment work and the payment of maintenance fees. See Secs. 3833.1-
7(e)(2) and 3851.6 of this title.
    (d) Under the following circumstances, a waiver may be obtained 
from the payment of the maintenance fee for mining claims and sites:
    (1) The claimant has received a declaration of taking or a notice 
of intent to take from the National Park Service pursuant to Sections 6 
and 7 of the Act of September 28, 1976, as amended (16 U.S.C. 1905, 
1906), or the Act of December 2, 1980, as amended (16 U.S.C. 3192); or 
the claimant has otherwise been denied access by the United States to 
his/her mining claims or sites.
    (2) The claimant shall file proof of the above conditions for 
exemption, attested to as a certified statement, pursuant to 
Sec. 3833.1-7, with the proper BLM office by the August 31 immediately 
preceding the assessment year for which a waiver is sought.
    (3) The certified statement required by paragraph (d)(2) of this 
section, serves as a notice of intention to hold as to mining claims 
and sites for which the exemption is sought. In such cases, the payment 
of the $5 service charge per claim or site is due upon filing the 
certification statement.
    (e) Payment of the maintenance fee for mining claims covered by a 
deferment of assessment work granted by the authorized officer pursuant 
to 30 U.S.C. 28 (b)-(e) and subpart 3852 of this title may be deferred 
during the period for which the deferment is granted. Deferments are 
governed by the following rule. If a petition for a deferment of 
assessment work, as required by Sec. 3852.2 of this title, is filed 
with the proper BLM office on or before August 31 for a given year, the 
maintenance fee need not be paid on the claims listed in the petition 
for deferment until the authorized officer has acted upon the petition.
    (1) If the petition is granted, maintenance fees for the claims are 
deferred for the upcoming assessment year. At the expiration of the 
deferment, all deferred fees shall be paid within 30 days of the end of 
the deferment, unless the claimant/owner qualifies as a small miner. If 
the claimant/owner qualifies as a small miner, all deferred assessment 
work shall be performed as provided in Sec. 3852.5 of this title upon 
expiration of the deferment.
    (2) If the petition for deferment is denied by the authorized 
officer, the maintenance fees shall be paid within 30 days of receipt 
of the decision of the authorized officer denying the petition for 
deferment. Failure to pay the maintenance fees owed will result in the 
forfeiture of the claims contained within the petition.
    (f) On mining claims for which an application for a mineral patent 
has been filed, and the mineral entry has been allowed, the payment of 
the maintenance fee is excused for the assessment years during which 
assessment work is not required pursuant to Sec. 3851.5 of this title. 
However, no refund of previously deposited maintenance fees will be 
made to the mineral patent applicant.

    30. Section 3833.1-7 is revised to read as follows:


Sec. 3833.1-7  Filing requirements for the maintenance fee waiver and 
other exceptions.

    (a) If no change in status has occurred, a small miner exemption 
certification previously filed for the assessment year ending at noon 
on September 1, 1994, under the Act of October 5, 1992 (Pub. L. 102-
381, 106 Stat. 1374), and the pertinent regulations in effect on August 
31, 1993, will be considered a proper certification filing for a waiver 
of payment of the maintenance fee due on August 31, 1994.
    (b) The affidavit of assessment work performed by a small miner 
claiming a maintenance fee waiver shall be filed with the proper BLM 
office pursuant to Sec. 3833.2 and shall meet the requirements of 
Sec. 3833.2-4.
    (c) For mining claims and sites covered by a waiver, the filing of 
a waiver certification pursuant to any of paragraphs (a), (d), (e), or 
(f) of this section will satisfy the requirements for filing of a 
notice of intention to hold pursuant to Sec. 3833.2-5, when such notice 
of intention to hold is otherwise required. In such a case the payment 
of the $5 service charge per claim/site for processing the notice of 
intention to hold is due upon filing of the waiver statement.
    (d) In order to hold mining claims or sites for the assessment year 
beginning at 12 o'clock noon on September 1, 1994, each small miner 
shall file a waiver certification on or before August 31, 1994. Each 
small miner shall file a waiver certification on or before August 31 
each year thereafter to hold the claims each assessment year beginning 
at 12 o'clock noon on September 1 of the calendar year the 
certification is due, through August 31, 1998. The small miner shall 
document, as provided in this paragraph (d), the claimed waiver for 
each assessment year a small miner's waiver is claimed, certified, and 
attested to under penalty of 18 U.S.C. 1001. The statement shall 
contain:
    (1) The mining claim and site names and BLM serial numbers assigned 
to the mining claims and sites held by the small miner;
    (2) A declaration by the claimant and all related parties that they 
own no more than 10 mining claims and sites in total nationwide on the 
date the waiver statement is due;
    (3) A declaration that specifies that the assessment work 
requirements have been or will be completed by the date the payment is 
due, which is each August 31, for the assessment year just ending;
    (4) The names and addresses of all owners maintaining an interest 
in the mining claims and sites; and
    (5) The signatures of all the owners of the mining claims and sites 
for which a waiver is claimed.
    (e) Pursuant to the Soldiers' and Sailors' Relief Act, and 
Sec. 3851.6 of this title, a military person entering active service 
may file, or cause to be filed, in the proper BLM office, a notice of 
his or her entry into active military service.
    (1) The filing of the notice excuses the person from performing 
assessment work or paying the maintenance fees until 6 months have 
passed from the person's release from active duty status, or until 6 
months have passed after release from a military hospital, whichever is 
later. To be excused from paying the maintenance fee, the person cannot 
hold the subject claim or site with a related party, as defined in 
paragraph 3833.0-5(y), who does not also qualify under the Soldiers' 
and Sailors' Relief Act.
    (2) The notice must be filed in the assessment year that the person 
entered active duty status, or if active duty began prior to August 30, 
1994, the notice must be filed in the assessment year that he or she 
wishes the benefits provided in paragraph (e)(1) of this section to 
take effect. If the person previously filed a notice under the 
Soldiers' and Sailors' Relief Act to be excused from performing 
assessment work, and remains qualified under that Act, he or she will 
automatically be exempt from paying the maintenance fee.
    (3) The performance of assessment work or the payment of 
maintenance fees shall resume in the assessment year next following the 
assessment year during which the person was released from active duty 
or a military hospital, whichever is later.
    (4) The notice shall be filed as a certified statement pursuant to 
paragraph (d) of this section, and shall list all mining claims and 
sites affected by claim/site name and BLM serial number.

    31. Section 3833.2-3 is amended by revising the section heading and 
paragraphs (d) and (e) to read as follows:


Sec. 3833.2-3  Consistency between the Federal Land Policy and 
Management Act, the General Mining Law of May 10, 1872, and the Act of 
August 10, 1993.

* * * * *
    (d) The Act of August 10, 1993, does not affect the requirements to 
do assessment work in the assessment year beginning at 12 o'clock noon 
on September 1, 1999, or to make annual filings on or before December 
30, 2000, pursuant to Secs. 3833.2 and 3851.1.
    (e) For mining claims and sites located on or after September 1, 
1998, and on or before September 29, 1998, and for which the required 
$100 maintenance fee was paid at the time of recording pursuant to 
Sec. 314(b) of FLPMA and Sec. 3833.1-2, payment of the maintenance fee 
holds the claims or sites through at least September 1, 1999.

    32. Section 3833.2-6 is revised to read as follows:


Sec. 3833.2-6  When evidence or notice is not required.

    Evidence of annual assessment work performed to hold a mining claim 
or a notice of intention to hold a mill site need not be filed on 
unpatented mining claims or mill sites if mineral entry under a mineral 
patent application has been allowed. The owner of that mining claim or 
mill site is exempt from the filing requirements of Sec. 3833.2 and the 
payment of maintenance fees under Sec. 3833.1-5 as of the date mineral 
entry is allowed.

    33. Section 3833.3 is amended by adding paragraph (c) to read as 
follows:


Sec. 3833.3  Notice of transfer of interest.

* * * * *
    (c) The filing of a transfer of interest, when properly executed 
and recorded under State law, is placed on the BLM record when it is 
filed with the proper BLM office. The transfer will be deemed to have 
taken place on its effective date under State law.

    34. Section 3833.4 is amended by revising the heading and 
paragraphs (a) and (b), redesignating paragraphs (c) through (e) as (d) 
through (f), respectively, and adding paragraph (c), to read as 
follows:


Sec. 3833.4  Failure to file, or to pay maintenance or location fees.

    (a)(1) The failure to make annual filings required by Secs. 3833.2-
1 and 3833.2-2 on or before the December 30 immediately following the 
August 31 by which the small miner filed for a waiver of payment of the 
maintenance fee, shall conclusively constitute a forfeiture of the 
mining claim or site.
    (2) Failure to record the notice or certificate of location 
required by Sec. 3833.1-2(a), Sec. 3734.1(a), or Sec. 3821.2 of this 
title, or failure to pay the maintenance or location fees required by 
Secs. 3833.1-4, 3833.1-5, and 3833.1-7, or failure to file the 
documents required by Sec. 3833.1-7 (b) through (d) within the time 
periods prescribed therein for claimants who also fail to pay the 
maintenance fee, shall be deemed conclusively to constitute a 
forfeiture of the mining claim, mill site, or tunnel site.
    (3) Claimants who fail to pay the maintenance fee, but file a 
waiver certification under Sec. 3833.1-7, shall perform the assessment 
work required by subpart 3851 of this title by the waiver statement 
filing deadline, or the mining claims under the invalid waiver 
certification will be conclusively deemed forfeited for failure to pay 
the maintenance fee on time.
    (4) Failure to list the 10 or fewer mining claims and/or sites for 
which the fee is requested to be waived on the applicable certification 
document filed pursuant to 3833.1-6 or 3833.1-7 will result in the 
affected mining claims and/or sites being deemed abandoned by the owner 
or owners thereof.
    (b) Failure to file the complete information required in 
Secs. 3833.1-2(b), 3833.1-7(d)-(f), 3833.2-4(a), 3833.2-4(b), 3833.2-
5(b) and 3833.2-5(c), when the document is otherwise filed on time, 
shall not be conclusively deemed to constitute an abandonment or 
forfeiture of the claim or site, but such information shall be 
submitted within 30 days of receipt of a notice from the authorized 
officer calling for such information. Failure to submit the information 
requested by the decision of the authorized officer shall result in the 
mining claim, mill site, or tunnel site being deemed abandoned by the 
owner.
    (c) Failure to record a transfer of interest under Sec. 3833.3 will 
result in the Bureau of Land Management refusing to recognize the 
interest acquired by the transferee or to serve notice of any action, 
decision, or contest on the unrecorded owner.

PART 3850--ASSESSMENT WORK

    35. The authority citation for part 3850 is revised to read as 
follows:

    Authority: 30 U.S.C. 22 et seq.; 30 U.S.C. 28-28k; 50 U.S.C. 
Appendix 565; 107 Stat. 405.

Subpart 3851--Assessment Work: General

    36. Section 3851.3 is amended by revising paragraph (c) to read as 
follows:


Sec. 3851.3  Effect of failure to perform assessment work.

* * * * *
    (c) The Act of August 10, 1993, with certain exceptions for small 
miners, temporarily suspends and supersedes the requirement to perform 
assessment work under Sec. 3851.1, and requires the payment of an 
annual $100 maintenance fee per mining claim in lieu of the assessment 
work. For oil shale claims, the Energy Policy Act of 1992 (30 U.S.C. 
242) suspends and supersedes the requirement to perform assessment work 
under Sec. 3851.1, and requires the payment of an annual $550 rental 
fee per oil shale mining claim in lieu of the assessment work. The 
maintenance fee requirements and waivers from the maintenance fee are 
described in Secs. 3833.0-3(f), 3833.1-5, 3833.1-6, and 3833.1-7 of 
this title.

    37. Section 3851.4 is revised to read as follows:


Sec. 3851.4  Failure of a co-owner to contribute to annual assessment 
work; or to the payment of maintenance fees.

    (a) Upon the failure of any co-owner of a mining claim or mill or 
tunnel site to contribute the proper proportion of the required 
expenditures, the co-owners who have performed the labor, made 
improvements, paid the maintenance fee required under Secs. 3833.1-5 
and 3833.1-6 of this title, may, at the expiration of the assessment 
year, give such delinquent co-owner personal notice of this failure in 
writing. Alternatively, this notice may be given by publication in the 
newspaper published nearest the claim for at least once a week for 90 
days. If, upon the expiration of 90 days, after such notice in writing, 
or upon the expiration of 180 days after the first newspaper 
publication of notice, the delinquent co-owner shall have failed to 
contribute the proportionate share of such expenditures or 
improvements, such interest in the claim by law passes to the co-owners 
who have made the expenditures or improvements.
    (b) A claimant alleging ownership of a forfeited interest under 
paragraph (a) of this section who requests the authorized officer to 
change the ownership records of the affected mining claims or sites 
shall present the following:
    (1) Statement of the publisher of the newspaper as to the facts of 
publication, giving the beginning and ending dates of publication, a 
printed copy of the notice published, and a statement by the claimant 
that the delinquent co-owner failed to contribute the proper proportion 
within the period fixed by the statute, or
    (2) Evidence of personal notice of delinquency upon the delinquent 
party. If notice is effected by mail, the minimum sufficient evidence 
shall consist of a copy of the notice and a copy of the return receipt 
of the U.S. Postal Service evidencing receipt by the delinquent party 
of a registered or certified envelope containing the notice. If notice 
was made in person, an affidavit signed and dated on the date of notice 
will suffice as evidence of such notice; and
    (3) In all cases, a signed and dated statement by the claimant that 
the delinquent co-owner failed to contribute the proper proportion 
within the period fixed by the statute.
    (c) Upon determination by the authorized officer that paragraphs 
(a) and (b) of this section have been complied with, the BLM records of 
the mining claim shall be changed pursuant to Sec. 3833.3 of this 
title. Such a change in ownership requires that the claimant submit the 
service charge required for a transfer of interest pursuant to 
Sec. 3833.1-4 of this title.
    (d) Active duty military personnel who give notice and comply with 
Sec. 3851.6 are not subject to the provisions of this section.

    38. Section 3851.5 is revised to read as follows:


Sec. 3851.5  Assessment work not required after allowance of mineral 
entry.

    Performance of annual assessment work and payment of maintenance 
fees is not required after the date that the mineral entry has been 
allowed.
    (a) The assessment year in which the mineral entry is allowed is 
the first assessment year for which the assessment work and payment of 
maintenance fees is no longer required, and assessment work is not 
required in any assessment year thereafter until a mineral patent 
issues.
    (b) If a mineral entry is canceled in whole or in part, the mining 
claims and mill sites that are no longer covered by the mineral entry 
shall be subject to the assessment work requirement, or the payment of 
maintenance fees, beginning in the next assessment year following the 
assessment year that the mineral entry was canceled.

    39. Section 3851.6 is added to read as follows:


Sec. 3851.6  Assessment work not required for active duty military 
personnel.

    Pursuant to the Soldiers' and Sailors' Relief Act (50 U.S.C. 
Appendix 565), a person entering active military service is exempt from 
the performance of annual assessment work under this subpart for each 
assessment year in which the service person is on active duty.
    (a) To claim the exemption, the person entering active military 
service shall file, or cause to be filed with the proper BLM office, a 
notice of his or her entry into active military service. The notice 
shall be filed in the assessment year that the person entered active 
duty status.
    (b) The filing of the notice exempts the person from performing 
assessment work or paying the maintenance fees until 6 months have 
passed from the person's release from active duty status, or until 6 
months have passed from release from a military hospital, whichever is 
later.
    (c) The performance of assessment work or the payment of 
maintenance fees shall resume in the assessment year beginning at least 
6 months after the date the person was released from active duty or a 
military hospital, whichever is later.
    (d) The notice shall be filed as a certified statement pursuant to 
section 3833.1-7 of this title, and shall list all mining claims and 
sites affected by claim name and BLM serial number.

Subpart 3852--Deferment of Assessment Work

    40. Section 3852.2 is amended by revising the first and second 
sentences to read as follows:


Sec. 3852.2  Filing of petition for deferment, contents.

    (a) In order to obtain a deferment, the claimant shall file with 
the proper BLM office a petition in duplicate requesting such a 
deferment. No particular form of petition is required, but the 
applicant shall attach to one copy thereof a copy of the notice to the 
public required by 30 U.S.C. 28e showing that it has been filed or 
recorded in the local recording office in which the notices or 
certificates of location were filed or recorded. * * *
* * * * *
    41. Section 3852.3 is revised to read as follows:


Sec. 3852.3  Notice of action on petition to be recorded.

    The claimant shall file or record, in the local recording office in 
which the notice of petition for deferment was filed or recorded, a 
copy of the order or decision of the BLM authorized officer disposing 
of the petition.

[FR Doc. 94-21388 Filed 8-29-94; 8:45 am]
BILLING CODE 4310-84-P