[Federal Register Volume 61, Number 14 (Monday, January 22, 1996)]
[Notices]
[Pages 1600-1602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-731]



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DEPARTMENT OF THE INTERIOR

Small Miner Waiver From Annual Maintenance Fees on Unpatented 
Claims in National Park System Units

AGENCY: National Park Service, Department of the Interior.

ACTION: Notice of interface between National Park Service and Bureau of 
Land Management requirements for small miner waiver.

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SUMMARY: In the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103-
66, 107 Stat. 407) (``the Act''), Congress requires holders of 
unpatented claims on Federal lands to pay an annual maintenance fee for 
each mining claim, mill site, and tunnel site that has been located and 
held under the general mining laws, through September 1, 1999. Payment 
of the maintenance fee by August 31 each year keeps each claim in good 
standing until noon of September 1 of the following year. It replaces 
the requirement in the Mining Law of 1872 of performing $100 of annual 
assessment work per claim or site.
    The Bureau of Land Management (BLM) implemented the Act by 
promulgating regulations at 43 CFR Subpart 3833 (59 FR 44857 (August 
30, 1994)). The BLM regulations, among other functions, establish the 
procedures for paying and administering the annual maintenance fee, and 
the procedures that enable claimants to obtain a small miner 

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waiver from payment of the annual maintenance fee. The BLM regulations 
also implement the Act's provision that failure to pay the annual 
maintenance fee by each August 31, or, in the alternative, to comply 
with the steps necessary to waive the maintenance fee, will result in 
forfeiture of the mining claim, mill site, or tunnel site. The BLM 
regulations must be carefully followed to waive the annual maintenance 
fee.
    Claimants who wish to obtain a small miner waiver from the 
maintenance fee and who hold mining claims, mill sites, or tunnel sites 
in units of the National Park System must additionally comply with 
National Park Service (NPS) regulations at 36 CFR Part 9, Subpart A.
    The purpose of this Notice is to assist claimants who seek a small 
miner waiver from the annual maintenance fee for unpatented claims, 
mill sites, or tunnel sites located in a unit of the National Park 
System, by explaining the interface between the relevant BLM and NPS 
regulations. This Notice does not explain all BLM requirements 
pertaining to the small miner waiver. An explanation of the BLM 
requirements may be found at 43 CFR Subpart 3833 (59 FR 44857 (August 
30, 1994)). This Notice also does not address other available types of 
waivers from the annual maintenance fee.

FOR FURTHER INFORMATION CONTACT: Questions about this Notice should be 
directed to Roger Haskins at the Bureau of Land Management, (202) 452-
0355, or Carol McCoy at the National Park Service, (303) 969-2096.

SUPPLEMENTARY INFORMATION: Pursuant to the Omnibus Budget 
Reconciliation Act of 1993 and implementing regulations at 43 CFR 
3833.1-5, every holder of an unpatented mining claim, mill site, or 
tunnel site must pay a maintenance fee for each claim, mill site, or 
tunnel site to the proper BLM State office. This maintenance fee is 
currently set at $100. The maintenance fee must be paid on or before 
August 31 each year to keep each claim, mill site, or tunnel site in 
good standing until noon of September 1 of the following year. The Act 
is in effect until September 1, 1999, unless otherwise extended by Act 
of Congress.
    As directed by the Act, BLM defines a small miner as one who, as of 
each August 31, holds a total of ten (10) or fewer mining claims, mill 
sites, or tunnel sites on Federal lands. Small miners may waive the 
$100 annual maintenance fee by performing $100 of assessment work on 
each mining claim and by filing a waiver certification and an affidavit 
of labor with the proper BLM State office. The assessment work must be 
completed and the waiver certification must be filed for each claim, 
mill site, or tunnel site on or before August 31, in order to qualify 
for the waiver and to keep each claim, mill site, or tunnel site in 
good standing until noon of September 1 of the following year. The 
affidavit of labor must be filed with the proper BLM State office on or 
before each December 30.
    Claimants with unpatented mining claims, mill sites, or tunnel 
sites in park units who seek to waive the maintenance fee must also 
comply with NPS regulations at 36 CFR Part 9, Subpart A. Under the NPS 
regulations, no surface-disturbing activities associated with a mining 
claim inside a park unit may occur without a claimant or a claimant's 
operator first submitting and obtaining NPS approval of a plan of 
operations. However, no plan of operations will be accepted for 
assessment work only (see 36 CFR 9.7(b)(2)). A plan of operations 
basically serves as an operator's intended blueprint for extracting and 
transporting minerals from a claim. By becoming informed of intended 
mineral development before such development commences, the NPS can 
require the claimant or operator to undertake mitigation measures 
necessary to assure the protection of National Park resources and 
values. Authority for the NPS regulations stems from the NPS Organic 
Act of 1916, as amended, and the Mining in the Parks Act of 1976. The 
requirements for a plan of operations, and an explanation of how a plan 
of operations fits into the BLM waiver procedures, are described below.

Procedures

I. Submit Plan of Operations to NPS for Mineral Development Activities

    Before becoming eligible for a small miner waiver from the annual 
maintenance fee in a park unit, a person or entity seeking the waiver 
must first submit and obtain NPS approval of a complete plan of 
operations. The completeness determination of a plan of operations 
rests with the NPS, not with the claimant or operator. To be considered 
complete, a plan of operations must contain the elements described in 
36 CFR 9.9. Such elements include specific descriptions of the intended 
mineral development work, likely environmental effects, routes of 
access to and from the claim, equipment to be used, a timetable of 
work, reclamation, and other aspects of the intended work. Advance 
approval of the plan of operations is vital to the NPS's ability to 
carry out its mission to preserve units of the National Park System for 
current and future generations.
    To reduce unnecessary surface disturbance in park units, 
Sec. 9.7(b)(2) of the NPS regulations precludes the NPS from accepting 
or approving plans of operations for activities in park units that are 
conducted solely for the purpose of fulfilling BLM's requirement of 
$100 of annual assessment work. For claimants seeking a small miner 
waiver, this means that their intended activity in a park unit must 
encompass more than the assessment work that BLM requires of claimants 
on public lands. To receive NPS approval, the activity in a park unit 
must further the ultimate commercial mineral development of the claim. 
Activities that are acceptable to NPS include delineation of the 
mineral deposit or commencement of commercial mineral development. 
Performing these or similar activities will fulfill NPS regulations and 
BLM's assessment work requirement.

II. Obtain Approval of Plan of Operations or a Deferment of Assessment

    To be approvable, a complete plan of operations must meet the 
approval standards of 36 CFR 9.10. Approval by the NPS of a claimant's 
plan of operations may take more than 60 days. The reason is that NPS 
cannot approve a plan of operations without first determining the 
validity of the unpatented mining claims, mill sites, or tunnel sites 
included in the plan. The NPS is required by the California Desert 
Protection Act of 1994 (Pub. L. 103-433, 108 Stat. 4471, 16 U.S.C. 
410aa) to verify the validity of claims in Mojave National Preserve. In 
all other units of the National Park System, the NPS performs validity 
examinations based on its interpretation of Congressional intent as set 
forth in the Mining in the Parks Act of 1976 (16 U.S.C. 1901 et seq.).
    No mineral development work may occur on an unpatented mining 
claim, mill site, or tunnel site on park units until (1) The NPS 
determines that the plan of operations submitted by a small miner is 
complete, (2) the NPS determines that the claims, mill sites, or tunnel 
sites included in the plan of operations are valid, (3) the NPS 
approves the plan of operations, and (4) the claimant posts a 
reclamation bond with the NPS. Upon completion of these requirements, a 
claimant may proceed with the mineral development work. To qualify for 
the small miner waiver, BLM regulations require this work to be 
completed and a waiver certification to be filed with BLM on or before 
each August 31. 

[[Page 1602]]

    If claimants seeking a small miner waiver for the upcoming year 
will not be able to conduct the mineral development work and file the 
waiver certification prior to August 31 because of the NPS's need to 
conduct a validity examination, such claimants may apply to BLM for a 
deferment of assessment work. As part of the application, claimants 
must present a letter to the BLM from the NPS as a testament to their 
having submitted to NPS a complete plan of operations before August 31. 
Specifically, the letter from the NPS must state the following: (1) the 
NPS finds the claimant's plan of operations complete, (2) the NPS 
cannot act on the plan until the NPS conducts a validity examination of 
the claim, and (3) the NPS anticipates completing the validity 
examination after August 31.
    The decision of whether to grant a deferment of assessment work 
rests with the BLM, not the NPS. Claimants wishing to obtain more 
information regarding the application requirements for a deferment and 
criteria for granting deferments should contact the proper BLM State 
office.

III. Avoid Doubt by Paying the Maintenance Fee

    NPS urges all claimants who hold mining claims, mill sites, or 
tunnel sites on National Park System lands and who wish to apply for 
the small miner waiver from the annual maintenance fee to carefully 
review and thoroughly comply with the BLM and NPS regulations explained 
in this Notice and contained in the CFR cites listed in this Notice. 
Claimants interested in waiving the fee are urged to begin the process 
early by reviewing the NPS requirements for a plan of operations and 
submitting a complete plan of operations to the appropriate NPS park 
superintendent as soon as possible.
    Claimants who have any doubts that BLM will consider them eligible 
for the small miner waiver, or who, for any reason, are unable to 
complete the steps described in this Notice or in the BLM regulations 
on or before each August 31, are advised to pay the annual maintenance 
fee for each mining claim, mill site, or tunnel site. Otherwise, such 
claimants risk forfeiting the mining claims, mill sites, or tunnel 
sites.

    Dated: December 12, 1995.
John Reynolds,
Acting Director, National Park Service.
[FR Doc. 96-731 Filed 1-19-96; 8:45 am]
BILLING CODE 4310-70-P