[Federal Register Volume 61, Number 193 (Thursday, October 3, 1996)]
[Proposed Rules]
[Pages 51667-51669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25423]


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DEPARTMENT OF THE INTERIOR
43 CFR Parts 3740, 3810, 3820

[WO-340-1220-00-24 1A]
RIN 1004-AC96


Multiple Use, Mining; Mining Claims Under the General Mining Laws

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Land Management (BLM) proposes to remove 43 CFR 
subparts 3745, 3824, 3825 and section 3811.2-7 in their entirety. Each 
of these regulations is unnecessary or obsolete, either because it 
describes programs which no longer exist or because it contains 
provisions already required by statutes or other applicable 
regulations. As a result, deleting these regulations will have no 
impact on BLM customers or the public at large.

DATES: Any comments must be received by BLM at the address below on or 
before November 4, 1996. Comments received after the above date will 
not necessarily be considered in the decisionmaking process on the 
final rule.

ADDRESSES: If you wish to comment, you may hand-deliver comments to the 
Bureau of Land Management, Administrative Record, Room 401, 1620 L 
Street, NW., Washington, DC; or mail comments to the Bureau of Land 
Management, Administrative Record, Room 401LS, 1849 C Street, NW., 
Washington, DC 20240. You also may transmit comments electronically via 
the Internet to: [email protected]. Please include ``attn: 
RIN AC96'', your name and address in your message. If you do not 
receive a confirmation from the system that we have received your 
internet message, contact us directly. You will be able to review 
comments at the L Street address during regular business hours from 
7:45 a.m. to 4:15 p.m., Monday through Friday, except Holidays.

FOR FURTHER INFORMATION CONTACT: Roger Haskins, Bureau of Land 
Management, Solids Group, 1849 C Street, Washington, DC 20240; 
Telephone: (202) 452-0355.

SUPPLEMENTARY INFORMATION:

    I. Public Comment Procedures.
    II. Background and Discussion of Proposed Rule.
    III. Procedural Matters.

I. Public Comment Procedures

Written Comments

    Written comments on the proposed rule should be specific, should be 
confined to issues pertinent to the rule, and should explain the reason 
for any recommended change. Where possible, comments should reference 
the specific section or paragraph of the proposal which the comment 
addresses. BLM may not necessarily consider or include in the 
Administrative Record for the rule comments which BLM receives after 
the close of the comment period (see DATES) or comments delivered to an 
address other than those listed above (see ADDRESSES).

II. Background and Discussion of Proposed Rule

    The regulations that are being removed are obsolete and 
unnecessary. Therefore their removal will not have a negative impact on 
the regulated community.
    Subpart 3744--this subpart addressing a mining claimant's rights, 
consists entirely of duplicated statutory language. This subpart merely 
quotes Sections 7(d) and 8 of the Multiple Minerals Development Act, 30 
U.S.C. 527(d) and 528. The regulation adds nothing to the language 
contained in the statute, nor does the statute itself command that 
regulations be promulgated as a prerequisite to the statute taking 
effect. Therefore, this regulation serves no substantive purpose.
    Subpart 3745--this subpart sets out the conditions for opening 
Helium Reserves to mining location and mineral leasing, and is an 
unnecessary duplication of statutory language from the Multiple Mineral 
Development Act, 30 U.S.C. 521 et seq. Beyond a quotation of the 
statutory language, this subpart only includes an assertion that 
applications filed prior to published notice to open the helium 
reserves will confer no rights. However, merely filing an application 
cannot confer any rights until the application is approved. 
Furthermore, Helium Reserves Number 1 and 2 were opened in 1955, have 
since

[[Page 51668]]

been withdrawn. BLM has also determined that no pre-existing 
applications under this subpart currently exist. Therefore, because 
this regulation contains only duplicated statutory language and 
obsolete provisions, it can be deleted without affecting the rights of 
the public at large or altering existing law.
    Subpart 3824, concerning mining in the City of Prescott, Arizona, 
Watershed, consists entirely of restatements from the underlying 
statute at 16 U.S.C. 482a, internal procedures, and non-binding policy 
statements. Section 3824.1(a) and the first sentence of 3824.1(c) 
unnecessarily restate statutory language. Section 3824.1(b), which 
directs the authorized officer to note certain application terms on the 
application itself, depicts internal procedures better suited to the 
BLM Manual. The remainder of 3824.1(c) elaborates on the statutory 
provision that valid, pre-existing mining claims in this location may 
be perfected as the claimant desires. This subsection adds nothing to 
the statutory law by pointing out that ``as the claimant desires'' 
means a claimant can subject themselves to the statutory provisions or 
not; therefore this section is also redundant and unnecessary.
    Subpart 3825--this subpart addresses mining on Papago Indian 
Reservation lands. The provision is obsolete. Papago lands were closed 
to mineral entry in 1955, and BLM has determined that, to its 
knowledge, all prior claims have been patented or withdrawn. Therefore, 
this subpart has no further applicability and should be deleted.
    Section 3811.2-7--this subpart addresses location of mining claims 
for fissionable source material on coal lands. The provision is also 
obsolete. Claims to mine fissionable and other source material on lands 
valuable for coal are governed by 30 U.S.C. Sec. 541i, which withdrew 
coal-bearing public lands from these types of claims on August 11, 
1975. All mining claims on the subject lands became void as of that 
date, except where a claimant had previously filed a valid mineral 
patent application. Therefore, no further claims can be located under 
the provisions of 43 CFR 3811.2-7, making this regulation obsolete and 
wholly unnecessary.

III. Procedural Matters

National Environmental Policy Act

    The BLM has prepared an environmental assessment (EA), and has 
found that the proposed rule would not constitute a major federal 
action significantly affecting the quality of the human environment 
under section 102(2)(C) of the National Environmental Policy Act of 
1969 (NEPA), 42 U.S.C. 4332(2)(C). The BLM has placed the EA and the 
Finding of No Significant Impact(FONSI) on file in the BLM 
Administrative Record at the address specified previously. The BLM 
invites the public to review these documents by contacting us at the 
addresses listed above (see ADDRESSES), and suggests that anyone 
wishing to submit comments in response to the EA and FONSI do so in 
accordance with the Written Comments section above, or contact us 
directly.

Paperwork Reduction Act

    This proposed rule does not contain information collection 
requirements which the Office of Management and Budget must approve 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 5 
U.S.C. 601 et seq., to ensure that Government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. BLM has determined under the RFA 
that this proposed rule would not have a significant economic impact on 
a substantial number of small entities.

Executive Order 12866

    According to the criteria listed in section 3(f) of Executive Order 
12866, BLM has determined that the proposed rule is not a significant 
regulatory action. As such, the proposed rule is not subject to Office 
of Management and Budget review under section 6(a)(3) of the order.

Unfunded Mandates Reform Act

    Removal of 43 CFR subparts 3745, 3824, 3825 and section 3811.2-7 
will not result in any unfunded mandate to state, local or tribal 
governments in the aggregate, or to the private sector, of $100,000,000 
or more in any one year.

Executive Order 12612

    The proposed rule would not have sufficient federalism implications 
to warrant BLM preparation of a Federalism Assessment (FA).

Executive Order 12630

    The proposed rule does not represent a government action capable of 
interfering with constitutionally protected property rights. Section 
2(a)(1) of Executive Order 12630 specifically exempts actions 
abolishing regulations or modifying regulations in a way that lessens 
interference with private property use from the definition of 
``policies that have takings implications.'' Since the primary function 
of the proposed rule is to abolish unnecessary regulations, there will 
be no private property rights impaired as a result. Therefore, BLM has 
determined that the rule would not cause a taking of private property, 
or require further discussion of takings implications under this 
Executive Order.
Executive Order 12988
    The Department of the Interior has determined that this rule meets 
the applicable standards provided in sections 3(a) and 3(b)(2) of 
Executive Order 12988.
Author
    The principal author of this proposed rule is Roger Haskins, Solids 
Group, Bureau of Land Management, 1849 C Street, NW, Washington, DC 
20240; Telephone (202) 452-0355.
List of Subjects
43 CFR Part 3740
    Administrative Practice and Procedure; Land Management Bureau; 
Mines; Public Lands--Mineral Resources.
43 CFR 3810
    Land Management Bureau; Mines; Public Lands--Mineral Resources; 
Reporting and Recordkeeping Requirements.
43 CFR 3820
    Land Management Bureau; Mines; Monuments and Memorials; National 
Forests; National Parks; Public Lands-Mineral Resources; Reporting and 
Recordkeeping Requirements; Surety Bonds; Wilderness Areas.
    For the reasons stated in the preamble, and under the authority of 
43 U.S.C. 1740, parts 3740 of Group 3700 and parts 3810 and 3820 of 
Group 3800, Subchapter C, Chapter II of Title 43 of the Code of Federal 
Regulations is proposed to be amended as set forth below:
PART 3740--[AMENDED]
Subpart 3744--[Removed]
    1. Part 3740 is amended by removing subpart 3744 (Secs. 3744.1 and 
3744.2) in its entirety.
Subpart 3745--[Removed]
    2. Part 3740 is amended by removing subpart 3745 (Sec. 3745.1) in 
its entirety.

[[Page 51669]]

PART 3810--[AMENDED]

    3. Part 3810 is amended by removing Sec. 3811.2-7 in its entirety.

PART 3820--[AMENDED]

Subpart 3824--[Removed]

    4. Part 3820 is amended by removing subpart 3824 (Sec. 3824.1) in 
its entirety.

Subpart 3825--[Removed]

    5. Part 3820 is amended by removing subpart 3825 (Secs. 3825.0-3 
and 3825.1) in its entirety.

    Dated: September 27, 1996.
Sylvia V. Baca,
Assistant Secretary of the Interior.
[FR Doc. 96-25423 Filed 10-2-96; 8:45 am]
BILLING CODE 4310-84-P