[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Proposed Rules]
[Pages 54120-54141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26397]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 1600, 1820, 1840, 1850, 1860, 1880, 2090, 2200, 2300,
2450, 2520, 2540, 2560, 2620, 2640, 2650, 2720, 2800, 2810, 2880,
2910, 2920, 3000, 3100, 3120, 3150, 3160, 3180, 3200, 3240, 3250,
3260, 3280, 3410, 3420, 3430, 3450, 3470, 3480, 3500, 3510, 3520,
3530, 3540, 3550, 3560, 3590, 3710, 3730, 3740, 3800, 3810, 3830,
3870, 4200, 4300, 4700, 5000, 5470, 5510, 8370, 9180 and 9230
[WO-130-1820-00 24 1A]
RIN 1004-AC99
Appeals Procedures; Hearings Procedures
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Land Management (BLM) proposes to amend its
regulations that govern procedures for protests of proposed decisions,
contests, appeals of BLM decisions and hearings. The proposed
regulations provide more consistent procedures for administrative
review of BLM decisions. The proposal also clarifies when and how BLM
decisions go into effect and if an appeal will or will not stay the
effectiveness of a BLM decision. The goal of the proposed regulation is
to present a single, streamlined administrative review process for most
of BLM's decisions, thereby reducing costs and time spent on appeals by
the appellants, BLM and the Office of Hearings and Appeals (OHA).
DATES: Comments: Submit comments by November 18, 1996. BLM will
consider comments received or postmarked on or before this date in the
preparation of the final rule.
ADDRESSES: Commenters may hand-deliver comments to the Bureau of Land
Management, Administrative Record, Room 401, 1620 L St., NW.,
Washington, DC.; or mail comments to the Bureau of Land Management,
Administrative Record, Room 401LS, 1849 C Street, NW., Washington, DC.
20240. Commenters may send comments through the internet to
[email protected]. Please include ``attn: AC99'', and your
name and return address in your Internet message. If you do not receive
a confirmation from the system that we have received your internet
message, please contact us by telephone or mail.
FOR FURTHER INFORMATION CONTACT: Jeff Holdren 202-452-7779, or Bernie
Hyde 202-452-5057.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters
I. Public Comment Procedures
Please provide written comments about the proposed rule which
explain the reason for any recommended changes to the addresses listed
above. Please indicate the section or paragraph of the proposed rule on
which you are commenting.
Comments received after the closing date of the comment period (see
DATES) or comments delivered to an address other than those listed
above (see ADDRESSES) may, but need not be, considered or included in
the Administrative Record for the final rule.
II. Background
A. Introduction--Protests, Appeals, Contests and Hearings
This rule pertains to the following: Protests--which are objections
to any action proposed to be taken in any proceeding before the BLM. A
protest is normally considered by the official who has the next higher
rank above the BLM official who will make the proposed decision, unless
otherwise directed in a notice of proposed decision, if such a notice
is issued.
Appeals--which are requests under part 4 of title 43 of the Code of
Federal Regulations for a review of a BLM decision. You may appeal a
BLM decision if you are a party to a case and adversely affected by
BLM's decision.
Contests--which are formal proceedings regarding such matters as
disputes over title to lands or the validity of mining claims as
described in 43 CFR 4.450 and 4.451. Contests usually involve hearings.
Hearings--which are evidentiary and factfinding proceedings before
an administrative law judge. They may be held in a variety of
circumstances. The Interior Board of Land Appeals (IBLA) may, on its
own or at the request of an appellant, order a hearing to resolve a
factual dispute related to an appeal of a BLM decision. In some cases,
a hearing must be on the record when statutorily required.
B. Historical and Current Procedures
The Department of the Interior (Department) has been handling
protests, appeals, contests and hearings since its creation in 1849.
From 1849 until BLM was created in 1946, the
[[Page 54121]]
Secretary, an under secretary, or an assistant secretary signed
decisions, which made them final agency actions. Prior to 1970,
decisions regarding the public lands were reviewed in an administrative
review process involving review by the BLM Director and then by the
Secretary. This procedure was criticized for a perceived lack of
impartiality. Thus, in 1970, OHA, and its component, the IBLA, were
created. 43 CFR 4.1.
Under current Department regulations, anyone who seeks to protest a
proposed decision, appeal a BLM decision, participate in a contest or
seek a hearing, is confronted with a wide variety of procedures
described in title 43 of the Code of Federal Regulations (43 CFR).
Because of decades of statutory changes and resulting regulatory
amendments, Departmental appeals procedures have become increasingly
inconsistent.
While parts 1840 and 1850 in 43 CFR currently serve only as a cross
reference to OHA regulations in 43 CFR part 4, over 40 other protest
regulations and 100 other appeals regulations are found in Chapter II
of 43 CFR. Chapter II of 43 CFR also contains regulations regarding
hearings, contests, administrative remedies, and the effectiveness of
decisions. As a result, anyone who wants to protest a proposed decision
or to appeal a BLM decision may often have difficulty in understanding
or following proper administrative procedures.
C. Legal Authorities for Administrative Review
The Federal Land Policy and Management Act (FLPMA) establishes a
policy in favor of considering the views of the general public in
establishing rules and regulations and structuring adjudication
procedures to assure adequate third party participation, objective
administrative review of initial decisions and expeditious
decisionmaking. 43 U.S.C. 1701(a). FLPMA also authorizes the Secretary
of the Interior to promulgate rules and regulations to carry out the
purposes of the FLPMA and of other laws applicable to the public lands.
43 U.S.C. 1740.
D. Proposed Procedures
BLM is proposing regulations to make the procedures for filing
protests and appeals more consistent and more readily understandable
and accessible to members of the public. BLM is also proposing to amend
the regulations in Chapter II of 43 CFR wherever they describe protest,
contest, appeals or hearings procedures. While BLM has attempted to
streamline its appeals procedures and make them as consistent as
possible in this proposed rule, some variation in handling of protests,
contests, hearings and appeals is still necessary in BLM's regulations
due to the wide variety of subject matter about which BLM makes
decisions. The proposed rule identifies these variations.
When seeking administrative review of a BLM decision, you should
refer to three places in the regulations: (1) The regulations which
govern the specific activity, (2) the regulations proposed for part
1840 of title 43 CFR which describe general review procedures for BLM
decisions and (3) the regulations in part 4 of title 43 CFR which
describe OHA review procedures. Under 4.1(b) of title 43 CFR, if the
general rules in subpart B of part 4 conflict with a special rule in
another subpart of title 43 CFR, the special rule governs.
III. Discussion of Proposed Rule
A. Protests, Appeals, Contests and Hearings
This proposed rule identifies the steps a person would follow in
order to seek to protest a decision proposed by BLM, to appeal a
decision made by BLM, or to participate in a contest or hearing
regarding a disputed matter. This proposed rule applies to these
activities with regard to decisions proposed to be made or made by BLM
under the regulations found in chapter II of 43 CFR.
The proposed rule amends the regulations found in chapter II of 43
CFR in three ways: (1) By eliminating provisions which duplicate those
found in the proposed part 1840 regulations, (2) by eliminating
unnecessary steps in the administrative review process where possible,
and (3) by adding cross references to the proposed part 1840 and to
part 4 of 43 CFR. In a few instances, certain protests, appeals,
contests and hearings regulations may not follow the same general
procedures outlined in proposed part 1840. Those regulations will
describe the procedures which differ from the provisions in proposed
part 1840.
The proposed rule explains that, when a decision has been appealed,
BLM is not prohibited from reconsidering or discussing the appealed
decision with the appellant or other interested parties. If BLM decides
to rescind or amend the appealed decision as a result of additional
review or discussion with the appellant or other interested parties, it
may do so by requesting OHA to remand the matter for further action by
BLM. BLM officials and appellants are encouraged to work toward
informal resolutions regarding disputes over decisions proposed or made
by BLM before and after appeals are filed. These informal reviews and
discussions are intended to replace the unnecessarily formal mid-level
reviews, such as State Director reviews, found in the existing
regulations.
B. Effect of Decisions
Under the existing regulations in part 4 of 43 CFR, except as
provided by other regulations, BLM decisions do not go into effect
during a 30-day appeals period. If an appeal and a petition for a stay
is filed during the 30-day appeals period, the decision does not go
into effect for an additional 45 days or until OHA denies the petition,
whichever is first. The 45-day period is used by OHA to decide if a
stay is warranted. If OHA concludes that a stay is not warranted and
denies the petition, the decision goes into effect when OHA denies the
petition. If the 45 days pass without a decision from OHA regarding the
petition for a stay, the decision goes into effect after the 45-day
period. If a stay is granted, the decision does not go into effect
while the appeal is pending. If neither an appeal nor a request for a
stay is filed, the decision goes into effect after the 30-day appeal
period.
Some regulations in chapter II of 43 CFR provide for certain
categories of decisions to go into effect immediately and to remain in
effect while appeals are pending. The following categories of decisions
will go into effect as provided in the regulations cited below:
(1) Right-of-Way decisions under part 2800 (see Sec. 2804.1);
(2) Right-of-Way under the Mineral Leasing Act decisions under part
2880 (see Sec. 2884.1);
(3) Minimum impact permit decisions under subpart 2920 (see
Sec. 2920.2-2(b) as published in 61 FR 32351 (1996));
(4) Decisions to hold competitive oil and gas lease sales under
Sec. 3120.1-3;
(5) Onshore Oil and Gas Geophysical Exploration decisions under
subpart 3150 (see Sec. 3150.2);
(6) Onshore Oil and Gas Operations decisions under part 3160 (see
Secs. 3165.3(e) and 3165.4(c));
(7) Geothermal Resources Operations decisions under part 3260 (see
Sec. 3266.1);
(8) Coal Lease Readjustments under Sec. 3451.2;
(9) Coal Lease Termination decisions for disqualified lessees under
Sec. 3472.1-2(e)(4) (ii) and (iii);
(10) Phosphate Lease Readjustments under Sec. 3511.4(b);
(11) Potassium Lease Readjustments under Sec. 3531.4(b);
(12) Gilsonite Lease Readjustments under Sec. 3551.4(b);
[[Page 54122]]
(13) Hardrock Mining Surface Management decisions under subpart
3809 (see Sec. 3809.4(f));
(14) Notices of closure to abate unauthorized grazing use under
Sec. 4150.2;
(15) Grazing decisions under group 4100 (see Sec. 4160.3);
(16) Adopted Wild Horse and Burro removal decisions under
Sec. 4770.3;
(17) Forest Management decisions under group 5000 (see
Sec. 5003.1); and
(18) Use authorization decisions under part 8370 (see Sec. 8372.6).
The proposed rule amends the current way in which most BLM
decisions are put in effect while appeals are pending. The proposed
rule describes three general classes of decisions, how those classes of
decisions will go into effect, and how an appeal may or may not change
the effectiveness of those classes of decisions.
First, the proposed rule describes a general rule under which BLM
decisions will go into effect 30 days after the date of service of the
decisions. If an appeal is filed during this 30-day appeals period, the
general rule provides that BLM decisions will be stayed while appeals
are pending. Under this provision, BLM may ask OHA to put a decision
into effect if public interest requires.
Second, the proposed rule provides for an exception from the
general rule for those categories of decisions listed above which go
into effect and remain in effect while appeals are pending as provided
in specific existing regulations.
Third, the proposed rule provides for a second exception for
decisions which suspend use, occupancy or development of the public
lands which must be put in effect immediately in order to protect
health, safety or the environment. If a decision is placed in effect
under either exception, the appellant may request a stay of the
decision under Sec. 4.21(b) of 43 CFR.
Because hearings procedures are located in part 4 of 43 CFR to
which proposed part 1840 refers, BLM is proposing to delete part 1850
of 43 CFR from the regulations.
C. Scope of Rule
Except as specifically provided, this proposed rule does not apply
to protests of BLM's planning recommendations (see 43 CFR 1610.5-2 and
1610.5-5), protests of proposed and initial classification decisions
(see 43 CFR part 2400), or protests or appeals of grazing decisions
(see 43 CFR part 4100). However, 43 CFR parts 1600, 2400, and 4100 may
be modified in the future so that the protest provisions in part 1840
will apply to them. Also, this proposed rulemaking does not apply to
protests and appeals decided by the Board of Contract Appeals under 43
CFR part 4, subpart C, or arising from Indian Affairs as addressed
under 43 CFR part 4, subpart D.
D. Section by Section Description of the Rule
Section 1840.1--describes the purposes of the rule, which is to
tell you how you may protest a decision proposed by BLM, appeal a BLM
decision, participate in a contest or seek a hearing related to BLM
decisions.
Section 1840.5--defines terms that apply to this subpart and other
protest, appeals, contest and hearings regulations in chapter II of
this title as amended by this rule.
Section 1840.7--describes what is not covered by this subpart.
Section 1841.10--describes what you must submit when you want to
file a protest of a proposed decision.
Section 1841.11--explains how much time you have to file a protest.
Section 1841.12--tells you where you may file a protest.
Section 1842.10--describes who may appeal a BLM decision regarding
the public lands and resources.
Section 1842.11--directs you to the procedures in part 4 of 43 CFR
for additional information regarding appeals procedures.
Section 1843.10--describes who may file a contest.
Section 1843.11--describes who may request a hearing.
Section 1844.10--explains that BLM may reconsider a decision which
has been appealed by reviewing it or by discussing it with the
appellant or other interested parties.
Section 1844.11--describes how and when decisions will go into
effect.
Section 1844.12--describes how you may request that a decision be
stayed.
Section 1845--directs you to part 4, subparts A, B, and E, of 43
CFR for more detailed information concerning administrative review
procedures.
IV. Procedural Matters
The principal authors of this proposed rule are members of the
Protest and Appeals Redesign Team, under the leadership of Jeff Holdren
and Bernie Hyde, assisted by the staff of the Regulatory Management
Team.
National Environmental Policy Act
BLM has determined that this proposed rule is categorically
excluded from environmental review under section 102(2)(C) of the
National Environmental Policy Act, in accordance with 516 Departmental
Manual (DM), Chapter 2, Appendix 1, Item 1.10, and that the proposed
rule does not meet any of the 10 criteria for exceptions to categorical
exclusions listed in 516 DM, Chapter 2, Appendix 2. Under Council on
Environmental Quality regulations (40 CFR 1508.4) and the environmental
policies and procedures of the Department of the Interior, the term
``categorical exclusion'' means a category of actions which do not
individually or cumulatively have a significant effect on the human
environment and which 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.
Paperwork Reduction Act
This rule does not contain information collection requirements that
the Office of Management and Budget must approve under 44 U.S.C. 3501.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA) 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 that this proposed rule would not
have a significant economic impact on a substantial number of small
entities under the RFA (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
BLM has determined that this proposed rule will not result in the
expenditure by State, local and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any one year.
Executive Order 12612
The proposed rule does not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, BLM has determined that this
proposed rule does not have sufficient federalism implications to
warrant BLM's preparation of a federalism assessment.
Executive Order 12630
The proposed rule does not represent a government action that
interferes with constitutionally protected property
[[Page 54123]]
rights or would result in a taking of private property.
Executive Order 12866
The proposed rule is not significant regulatory action under
section 3(f) of Executive Order 12866 and, accordingly, is not subject
to review by the Office of Management and Budget.
List of Subjects
43 CFR Part 1600
Administrative practice and procedure, Environmental impact
statements, Indians, Intergovernmental relations, Public lands.
43 CFR Part 1820
Administrative practice and procedure, Alaska, Archives and
records, Land Management Bureau, Public lands.
43 CFR Part 1840
Administrative practice and procedure, Land Management Bureau,
Public lands.
43 CFR Part 1850
Administrative practice and procedure, Land Management Bureau,
Public lands.
43 CFR Part 1860
Administrative practice and procedure, Land Management Bureau,
Public lands.
43 CFR Part 1880
Administrative practice and procedure, Civil rights, Grants
programs--natural resources, Intergovernmental relations, Land
Management Bureau, Loan programs--natural resources, Public lands,
Public lands-mineral resources.
43 CFR Part 2090
Airports, Alaska, Coal, Grazing lands, Indians--lands, Land
Management Bureau, Public lands, Public lands--classification, Public
lands--mineral resources, Public lands--withdrawal, Seashores,
Veterans.
43 CFR Part 2200
Land Management Bureau, National forests, Public lands.
43 CFR Part 2300
Administrative practice and procedure, Electric power, Federal
Energy Regulatory Commission, Land Management Bureau, Public lands--
withdrawal.
43 CFR Part 2450
Administrative practice and procedure, Land Management Bureau,
Public lands--classification.
43 CFR Part 2520
Irrigation, Land Management Bureau, Public lands, Reclamation,
Reporting and recordkeeping requirements.
43 CFR Part 2540
Land Management Bureau, Public lands, Public lands--sale, Reporting
and recordkeeping requirements.
43 CFR Part 2560
Alaska, Homesteads, Indians-lands, Land Management Bureau, Public
lands, Public lands-sale, Reporting and recordkeeping requirements.
43 CFR Part 2620
Alaska, Intergovernmental relations, Land Management Bureau, Public
lands-grants, Public lands-mineral resources.
43 CFR Part 2640
Airports, Land Management Bureau, Public lands-grants.
43 CFR Part 2650
Administrative practice and procedure, Alaska, Federal buildings
and facilities, Indians-claims, Indians- lands, Land Management Bureau,
National forests, Public land-grants, Wildlife refuges.
43 CFR Part 2710
Administrative practice and procedure, Land Management Bureau,
Public lands-mineral resources, Public lands-sale.
43 CFR Part 2720
Administrative practice and procedure, Land Management Bureau,
Public lands-mineral resources, Public lands-sale.
43 CFR Part 2800
Communications, Electric power, Highways and roads, Land Management
Bureau, Pipelines, Public lands-rights-of-way, Reporting and
recordkeeping requirements.
43 CFR Part 2810
Highways and roads, Land Management Bureau, Public lands-rights-of-
way, Reporting and recordkeeping requirements.
43 CFR Part 2880
Administrative practice and procedure, Common carriers, Land
Management Bureau, Pipelines, Public lands-rights-of-way, Reporting and
recordkeeping requirements.
43 CFR Part 2910
Airports, Alaska, Land Management Bureau, Public lands, Recreation
and recreation areas, Waste treatment and disposal.
43 CFR Part 2920
Land Management Bureau, Public lands, Reporting and recordkeeping
requirements.
43 CFR Part 3000
Land Management Bureau, Public lands-mineral resources.
43 CFR Part 3100
Government contracts, Land Management Bureau, Mineral royalties,
Oil and gas exploration, Public lands-mineral resources, Reporting and
recordkeeping requirements, Surety bonds.
43 CFR Part 3120
Government contracts, Land Management Bureau, Oil and gas
exploration, Public lands-mineral resources, Reporting and
recordkeeping requirements.
43 CFR Part 3150
Oil and gas exploration, Public lands-mineral resources, Reporting
and recordkeeping requirements, Surety bonds.
43 CFR Part 3160
Government contracts, Indians-lands, Land Management Bureau,
Mineral royalties, Oil and gas exploration, Penalties, Public lands-
mineral resources, Reporting and recordkeeping requirements.
43 CFR Part 3180
Government contracts, Land Management Bureau, Oil and gas
exploration, Public lands-mineral resources, Surety bonds.
43 CFR Part 3200
Geothermal energy, Government contracts, Land Management Bureau,
Mineral royalties, Public lands-mineral resources, Reporting and
recordkeeping requirements, Surety bonds.
43 CFR Part 3240
Geothermal energy, Government contracts, Land Management Bureau,
Mineral royalties, Public lands-mineral resources, Reporting and
recordkeeping requirements, Water resources.
43 CFR Part 3250
Geothermal energy, Government contracts, Land Management Bureau,
Public lands-mineral resources, Reporting and recordkeeping
requirements, Surety bonds.
43 CFR Part 3260
Environmental protection, Geothermal energy, Government contracts,
Land Management Bureau,
[[Page 54124]]
Public lands-mineral resources, Reporting and recordkeeping
requirements.
43 CFR Part 3280
Geothermal energy, Government contracts, Land Management Bureau,
Public lands-mineral resources, Reporting and recordkeeping
requirements, Surety bonds.
43 CFR Part 3410
Administrative practice and procedure, Coal, Land Management
Bureau, Mines, Public lands-mineral resources, Reporting and
recordkeeping requirements, Surety bonds.
43 CFR Part 3420
Administrative practice and procedure, Coal, Government contracts,
Intergovernmental relations, Land Management Bureau, Mines, Public
lands-mineral resources, Reporting and recordkeeping requirements.
43 CFR Part 3430
Administrative practice and procedure, Coal, Government contracts,
Intergovernmental relations, Land Management Bureau, Mines, Public
lands-mineral resources, Public lands-rights-of-way, Reporting and
recordkeeping requirements.
43 CFR Part 3450
Coal, Government contracts, Intergovernmental relations, Land
Management Bureau, Mines, Public lands-mineral resources, Reporting and
recordkeeping requirements.
43 CFR Part 3470
Coal, Government contracts, Land Management Bureau, Mineral
royalties, Mines, Public lands-mineral resources, Reporting and
recordkeeping requirements, Surety bonds.
43 CFR Part 3480
Government contracts, Intergovernmental relations, Land Management
Bureau, Mineral royalties, Mines, Public lands-mineral resources,
Reporting and recordkeeping requirements.
43 CFR Part 3500
Government contracts, Land Management Bureau, Mineral royalties,
Public lands-mineral resources, Reporting and recordkeeping
requirements, Surety bonds.
43 CFR Part 3510
Land Management Bureau, Public lands-mineral resources, Reporting
and recordkeeping requirements.
43 CFR Part 3520
Government contracts, Land Management Bureau, Public lands-mineral
resources.
43 CFR Part 3530
Government contracts, Mineral royalties, Mines, Potassium, Public
lands-mineral resources, Reporting and recordkeeping requirements,
Surety bonds.
43 CFR Part 3540
Land Management Bureau, Public lands-mineral resources.
43 CFR Part 3550
Land Management Bureau, Public lands-mineral resources.
43 CFR Part 3560
Government contracts, Land Management Bureau, Mineral royalties,
Public lands-mineral resources, Surety bonds.
43 CFR Part 3590
Environmental protection, Government contracts, Indian-lands,
Mines, Public lands-mineral resources, Reporting and recordkeeping
requirements.
43 CFR Part 3710
Administrative practice and procedure, Land Management Bureau,
Mines, Public lands-mineral resources.
43 CFR Part 3730
Administrative practice and procedure, Land Management Bureau,
Mines, Public lands-mineral resources, Reporting and recordkeeping
requirements, Surety bonds.
43 CFR Part 3740
Administrative practice and procedure, Land Management Bureau,
Mines, Public lands-mineral resources.
43 CFR Part 3800
Administrative practice and procedure, Environmental protection,
Intergovernmental relations, Land Management Bureau, Mines, Public
lands-mineral resources, Reporting and recordkeeping requirements,
Surety bonds, Wilderness areas.
43 CFR Part 3810
Land Management Bureau, Mines, Public lands-mineral resources,
Reporting and recordkeeping requirements.
43 CFR Part 3830
Land Management Bureau, Mineral royalties, Mines, Public lands-
mineral resources, Reporting and recordkeeping requirements.
43 CFR Part 3870
Administrative practice and procedure, Land Management Bureau,
Mines, Public lands-mineral resources, Reporting and recordkeeping
requirements.
43 CFR Part 4200
Administrative practice and procedure, Alaska, Grazing lands, Land
Management Bureau, Livestock, Range management.
43 CFR Part 4300
Administrative practice and procedure, Alaska, Grazing lands, Land
Management Bureau, Range Management, Reindeer, Reporting and
recordkeeping requirements
43 CFR Part 4700
Horses, Intergovernmental relations, Land Management Bureau,
Penalties, Public lands, Range management, Reporting and recordkeeping
requirements, Wildlife.
43 CFR Part 5000
Administrative practice and procedure, Forests and forest products,
Land Management Bureau, Public lands.
43 CFR Part 5470
Forests and forest products, Government contracts, Land Management
Bureau, Public lands, Reporting and recordkeeping requirements.
43 CFR Part 5510
Forests and forest products, Land Management Bureau, Public lands.
43 CFR Part 8370
Land Management Bureau, Penalties, Public lands, Recreation and
recreation areas, Reporting and recordkeeping requirements, Surety
bonds.
43 CFR Part 9180
Land Management Bureau, Public lands, Reporting and recordkeeping
requirements.
43 CFR Part 9230
Land Management Bureau, Penalties, Public lands.
Dated: September 27, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
For the reasons set forth in the preamble and under the authority
of 43 U.S.C. 1740, BLM proposes to amend subchapter A, chapter II,
subtitle B of Title 43 of the Code of Federal Regulations as follows:
[[Page 54125]]
PART 1600--PLANNING, PROGRAMMING, BUDGETING
1. The authority citation for part 1600 is revised to read as
follows:
Authority: 43 U.S.C. 1740.
2. Section 1610.5-3 is amended by revising paragraph (b) to read as
follows:
Sec. 1610.5-3 Conformity and Implementation.
* * * * *
(b) Within a reasonable time after a plan is approved or amended,
subject to valid existing rights, the District or Area Manager will
take action to make operations and activities under existing permits,
contracts, cooperative agreements or other instruments for occupancy
and use conform to the approved plan or amendment to the extent
applicable laws and regulations or the existing permits, contracts,
cooperative agreements or other instruments of occupancy and use allow.
Any party adversely affected by this action by the District or Area
Manager may appeal the action in accordance with parts 4 and 1840 of
this title.
* * * * *
Group 1800--Public Administrative Procedures
PART 1820--APPLICATION PROCEDURES
3. An authority citation for part 1820 is added to read as follows:
Authority: 43 U.S.C. 1740.
4. Section 1821.2-2 is amended by revising paragraph (b) to read as
follows:
Sec. 1821.2-2 Time limit for filing documents.
* * * * *
(b) If you are adversely affected by a decision, to reject an
application may appeal the decision in accordance with parts 4 and 1840
of this title. Alternatively, if not precluded by other law or
regulation, the party may file a new and properly executed application
or re-execute the rejected application. The re-executed application
will not relate back to the date of first execution.
5. The authority citation for subparts 1821, 1822, 1823, 1824,
1825, and 1826 is removed.
6. Part 1840 is revised to read as follows:
PART 1840--PROTESTS, APPEALS, CONTESTS, AND HEARINGS PROCEDURES
Subpart 1840--Protests, Appeals, Contests, and Hearings--General
Sec.
1840.1 What are the purposes of this subpart?
1840.5 Definitions.
1840.7 What is not covered by this subpart?
Protests
1841.10 What must I submit with a protest?
1841.11 How long do I have to file a protest?
1841.12 Where may I file a protest?
Appeals
1842.10 Who may appeal a BLM decision regarding the public lands
and resources?
1842.11 How do I appeal a BLM decision regarding public lands and
resources?
Contests and Hearings
1843.10 Who can file a contest?
1843.11 Who can request a hearing?
Decisions
1844.10 May BLM reconsider a decision which has been appealed?
1844.11 When will BLM decisions go into effect?
1844.12 How can I request that a decision be stayed?
1845.10 Where can I find more information on appeals, contests, and
hearings procedures?
Authority: 43 U.S.C. 1740.
Subpart 1840--Protests, Appeals, Contests, and Hearings
Sec. 1840.1 What are the purposes of this part?
(a) Except as noted in Sec. 1840.7 below, this part tells you how
you may:
(1) protest a decision proposed by BLM;
(2) appeal from a BLM decision; or
(3) seek a contest or hearing related to BLM decisions.
(b) This part is to be used in conjunction with the procedures set
out in subparts A, B, and E of part 4 of this title. Under Sec. 4.1(b)
of this title, if the general rules in subpart B of part 4 conflict
with a special rule in another subpart of this title, the special rule
governs.
Sec. 1840.5 Definitions.
The following definitions apply in this subpart and in other
regulations in chapter II of this title which are related to protests,
appeals, contests or hearings:
Adversely Affected Party means a party who may appeal, or seek a
hearing on, a decision of the BLM as provided in part 4 of this title.
Appeal means a request for review of a BLM decision under part 4 of
this title. See part 4 of this title.
Contest means a formal proceeding referred to in either sections
4.450 or 4.451 of this title.
Decision and BLM Decision mean a decision by BLM officials which is
subject to appeal under part 4 of this title, including but not limited
to, notices of decision, notices of violation, notices of incidents of
non-compliance, records of decision, orders, instructions, and
assessments.
Hearing means an evidentiary or factfinding proceeding before an
administrative law judge under Sec. 4.415 and 4.470 of this title and
under regulations contained within Chapter II of this title which may
require a hearing and other applicable laws. See Sec. 4.420 through
4.439 and Sec. 4.452 through 4.478 of this title for hearings
procedures. In some cases, a hearing must be ``on the record'' when
statutorily required to be so.
Protest means any objection to any action proposed to be taken by
BLM. See Sec. 4.450-2 of this title.
Stay means injunction in the form of an order or regulation which
stops a BLM decision from going into effect or suspends the
effectiveness of a BLM decision.
Sec. 1840.7 What is not covered by this subpart?
Except as specifically provided, this subpart does not apply to:
(a) protests to planning decisions made under Sec. 1610.5-2 and
1610.5-5 of this title;
(b) protests to proposed or initial classification decisions made
under the provisions of part 2400 of this title; or
(c) grazing decisions issued under part 4100 of this title; or
(d) protests and appeals which are decided by the Board of Contract
Appeals under 43 CFR part 4, subpart C.
Protests
Sec. 1841.10 What must I submit with a protest?
Unless otherwise provided in other regulations in this Chapter II,
you must submit:
(a) your objections to or concerns about the proposed decision, and
why you feel the proposed decision is wrong; and,
(b) the reasons, if any, why you believe you would be adversely
affected by the proposed decision.
Sec. 1841.11 How long do I have to file a protest?
(a) If a proposed decision is issued to you, it will inform you how
long you have to file a protest from the date you receive the notice of
the proposed decision.
[[Page 54126]]
(b) If the proposed decision is published in the Federal Register
or in some other way, you may file a protest as specified in the
publication.
(c) If a regulation in this Chapter II provides for a specific time
period for protests, you may file a protest in that time period.
(d) In all other cases, you may file a protest until the BLM
decision is made.
Sec. 1841.12 Where may I file a protest?
You may file a protest at the BLM office in which the proposed
decision will be made.
Appeals
Sec. 1842.10 Who may appeal a BLM decision regarding the public lands
and resources?
You may appeal a BLM decision if you are an adversely affected
party.
Sec. 1842.11 How do I appeal a BLM decision regarding public lands and
resources?
You may appeal a BLM decision by following the procedures described
in the applicable provisions of this subpart and part 4 of this title.
Contests and Hearings
Sec. 1843.10 Who may file a contest?
A contest may be initiated by a private entity or by a government
agency such as BLM or the Department. See Sec. 4.450 and Sec. 4.451 of
this title.
Sec. 1843.11 Who may request a hearing?
(a) Anyone who is a party to an appeal before the Interior Board of
Land Appeals (see Sec. 4.415 of this title) and
(b) Anyone who may properly seek a hearing under any pertinent
statutes or applicable regulations.
Decisions
Sec. 1844.10 May BLM reconsider a decision which has been appealed?
BLM is not prohibited from reconsidering or discussing matters
which have been appealed with the appellant. If BLM decides to rescind
or amend the appealed decision as a result of the reconsideration or
discussion, it may do so by requesting the Office of Hearings and
Appeals in writing to remand the matter for further action by BLM.
Sec. 1844.11 When will BLM decisions go into effect?
(a)(1) Except as otherwise provided in this section, BLM decisions
issued under this title will go into effect 30 days after the date of
service of the decision. If a decision is published in the Federal
Register, it will go into effect 30 days after the date of publication.
However, except as provided in paragraphs (b) and (c) of this section,
if an adversely affected party appeals the decision in accordance with
this part and part 4 of this title, the decision is stayed while the
appeal is pending.
(2) BLM may request, in writing, the Director of the Office of
Hearings and Appeals or the Interior Board of Land Appeals to place a
decision, or any part of it, which is not effective or has been stayed
under this paragraph, into effect immediately when the public interest
requires.
(b) The regulations listed below provide that certain BLM decisions
will remain effective during the time a notice of appeal may be filed
or while an appeal is pending. Decisions made under the following
regulations will go into effect as provided in the regulations:
(1) Right-of-Way decisions under part 2800 (see Sec. 2804.1);
(2) Right-of-Way under the Mineral Leasing Act decisions under part
2880 (see Sec. 2884.1);
(3) Minimum impact permit decisions under subpart 2920 (see
Sec. 2920.2-2(b) as published in 61 FR 32351 (1996));
(4) Decisions to hold competitive oil and gas lease sales under
Sec. 3120.1-3;
(5) Onshore Oil and Gas Geophysical Exploration decisions under
subpart 3150 (see Sec. 3150.2);
(6) Onshore Oil and Gas Operations decisions under part 3160 (see
Secs. 3165.3(e) and 3165.4(c));
(7) Geothermal Resources Operations decisions under part 3260 (see
Sec. 3266.1);
(8) Coal Lease Readjustments under Sec. 3451.2;
(9) Coal Lease Termination decisions for disqualified lessees under
Sec. 3472.1-2(e)(4)(ii) and (iii);
(10) Phosphate Lease Readjustments under Sec. 3511.4(b);
(11) Potassium Lease Readjustments under Sec. 3531.4(b);
(12) Gilsonite Lease Readjustments under Sec. 3551.4(b);
(13) Hardrock Mining Surface Management decisions under subpart
3809 (see Sec. 3809.4(f));
(14) Notices of closure to abate unauthorized grazing use under
Sec. 4150.2;
(15) Grazing decisions under group 4100 (see Sec. 4160.3);
(16) Adopted Wild Horse and Burro removal decisions under
Sec. 4770.3;
(17) Forest Management decisions under group 5000 (see
Sec. 5003.1); and
(18) Use authorization decisions under part 8370 (see Sec. 8372.6).
(c) BLM may place a decision which temporarily suspends use,
occupancy or development of the public lands into effect immediately if
it finds that immediate implementation is necessary to protect health,
safety or the environment.
(d) A decision which is in effect under paragraph (b) or (c) of
this section will remain in effect unless a petition for a stay is
granted under Sec. 4.21(b) of this title.
Sec. 1844.12 How can I request that a decision be stayed?
You may request a stay of a decision which is in effect under
Sec. 1844.11(b) or (c) by filing a petition in accordance with
Sec. 4.21(b) of this title, which sets out criteria and procedures for
requesting stays.
Sec. 1845.10 Where can I find more information on appeals, contests,
and hearings procedures?
You can find more information on the procedures of the Department
of the Interior's Office of Hearings and Appeals for appeals, contests,
and hearings procedure in part 4, subparts A, B and E, of this title.
PART 1850--HEARINGS PROCEDURES--[REMOVED]
7. Part 1850 is removed.
PART 1860--CONVEYANCES, DISCLAIMERS AND CORRECTION DOCUMENTS
8. An authority citation for part 1860 is added to read as follows:
Authority: R.S. 2450, as amended; 43 U.S.C. 1161, 1201, 1740 and
1745.
9. The authority citation for subpart 1862 is removed.
10. The authority citation for subpart 1863 is removed.
11. Section 1864.4 is revised to read as follows:
Sec. 1864.4 Appeals.
Any party adversely affected by a BLM decision made under this
subpart may appeal the decision in accordance with parts 4 and 1840 of
this title.
12. Section 1865.4 is revised to read as follows:
Sec. 1865.4 Appeals.
Any party adversely affected by a BLM decision made under this
subpart may appeal the decision in accordance with parts 4 and 1840 of
this title.
PART 1880--FINANCIAL ASSISTANCE, LOCAL GOVERNMENTS
13. An authority citation for part 1880 is added to read as
follows:
Authority: Pub. L. No. 94-565, 90 Stat. 2662, 31 U.S.C. 1601-
1607; and 43 U.S.C. 1740.
14. The authority citation for subpart 1881 is removed.
[[Page 54127]]
15. The authority citation for subpart 1882 is removed.
16. Paragraphs (b) and (e) of Sec. 1881.3 are revised to read as
follows:
Sec. 1881.3 Protests.
* * * * *
(b) Any affected unit of local government may protest the results
of the computations of its payment to BLM in accordance with part 1840
and part 4 of this title.
* * * * *
(e) BLM will consult with the affected unit of local government and
the administering agency to resolve conflicts in land records and other
data sources.
17. Section 1881.4 is revised to read as follows:
Sec. 1881.4 Appeals.
Any unit of local government which is adversely affected by BLM's
rejection of a protest filed under this subpart may appeal the
rejection in accordance with parts 4 and 1840 of this title.
PART 2090--SPECIAL LAWS AND RULES
18. An authority citation for part 2090 is added to read as
follows:
Authority: 16 U.S.C. 3124; 30 U.S.C. 189; 43 U.S.C. 322, 641,
1201, 1624, and 1740.
19. The authority citation for subpart 2093 is removed.
20. The authority citation for subpart 2094 is removed.
21. In Sec. 2091.07, the last sentence of paragraph (a) is revised
to read as follows:
Sec. 2091.07 Principles.
(a) * * * If a BLM decision regarding an application, selection,
sale, location, entry, claim or settlement has been appealed in
accordance with parts 4 and 1840 of this title, the segregation
continues in effect until publication of an opening order.
* * * * *
22. In Sec. 2093.0-3, the last sentence of paragraph (a) is revised
to read as follows:
Sec. 2093.0-3 Authority.
(a) * * * Any party adversely affected by a BLM decision made under
this subpart may appeal the decision in accordance with parts 4 and
1840 of this title.
* * * * *
23. In Sec. 2093.2-3, paragraph (b) is revised to read as follows:
Sec. 2093.2-3 Procedures.
* * * * *
(b) Hearing. Except for persons who file applications under section
2 of the Act (36 Stat. 584; 30 U.S.C. 84), BLM will allow any person
filing a non-mineral application or filing for lands classified as coal
lands 30 days in which to submit evidence, preferably in the form of
statements of experts or practical miners, that the land is in fact not
coal in character, together with an application that BLM reclassify the
land. BLM will reject the application if the applicant fails to furnish
any evidence within the time specified. If, after considering the
evidence presented and after other appropriate inquiry, BLM classifies
the land as agricultural land, in the absence of other objections, BLM
will allow the non-mineral application. If BLM denies reclassification,
the applicant may, within 30 days from receipt of notice, apply for a
hearing in accordance with parts 4 and 1840 of this title, at which he
or she will have the burden of proof for showing that the
classification is improper. If he or she fails to apply for a hearing
within the time allowed, BLM will reject his or her application to
enter or file. The rejection of the application does not preclude the
person from filing another application under section 2 of the Act.
24. Section 2093.3-3 is amended by revising paragraphs (c),
(d)(1)(iv) and (d)(2)(ii) to read as follows:
Sec. 2093.3-3 Procedures.
* * * * *
(c) Notice to entryman; action by entryman. (1) BLM will notify an
entryman or claimant if the Geological Survey reports that land
included in a non-mineral entry or claim, on which final proof has not
been submitted or which has not been perfected, is in an area in which
valuable deposits of oil and gas may occur, because no reliable
evidence exists that the land contains geological structures which are
not favorable to oil and gas accumulation. After notifying the entryman
or claimant, BLM will give the entryman or claimant a reasonable time
to apply for reclassification of the land as non-mineral and to submit
evidence in support of the reclassification. If BLM denies the
reclassification request, the entryman or claimant may seek a hearing
regarding the reclassification request or appeal BLM's decision denying
the reclassification request in accordance with parts 4 and 1840 of
this title. If a hearing is ordered, the entryman or claimant has the
burden of proof to show that BLM's denial of the reclassification was
in error. If the entryman or claimant does not seek a hearing or appeal
the BLM decision denying the request for reclassification, the entry or
claim and any patent issued for lands under the entry or claim will
reserve the oil and gas to the United States.
(2) If the Geological Survey reports that land included in a non-
mineral entry or claim is in an area in which valuable deposits of oil
and gas may occur after an entryman has submitted acceptable final
proof or perfected a claim, BLM will not rely on the report in order to
reserve the oil and gas unless it can prove that the land was known to
be of mineral character on or before the date on which the entryman
submitted acceptable final proof or the claim was perfected, according
to the established criteria for distinguishing mineral from non-mineral
lands, including the criteria recognized by the Supreme Court in United
States v. Southern Pacific Company et al. (251 U.S. 1, 64 L. ed. 97).
If BLM decides to reclassify the lands for the reasons stated above
and, after notification, the entryman disagrees with BLM's decision
within a reasonable time, BLM will seek a hearing in accordance with
parts 4 and 1840 of this title. BLM has the burden of proof for
justifying the reclassification. If the entryman fails to answer BLM's
allegations within the time allowed, the entry or claim and any patent
issued the lands under the entry or claim will reserve the oil or gas
to the United States.
* * * * *
(d) Applications to disprove classification of land; hearing. (1) *
* *
(iv) If the application is denied, the applicant may, within 30
days from notice of the denial, seek a hearing to disprove the
classification in accordance with parts 4 and 1840 of this title. If
the applicant fails to seek a hearing within the time allowed, BLM will
reject the application to locate, select, enter or purchase.
* * * * *
(2) * * *
(ii) Claimants to whom this provision applies may file an
application for a classification of the land as non-mineral, together
with the evidence prescribed here to be filed by an original applicant
with his request for classification with the BLM office having
jurisdiction. If BLM denies the application, the claimant has 30 days
from receipt of the notice of the denial to seek a hearing to establish
the non-mineral character of the land in accordance with parts 4 and
1840 of this title.
* * * * *
[[Page 54128]]
PART 2200--EXCHANGES: GENERAL PROCEDURES
25. The authority citation for part 2200 is revised to read as
follows:
Authority: 43 U.S.C. 1740.
26. In Sec. 2201.1, paragraph (g) is revised to read as follows:
Sec. 2201.1 Agreement to initiate an exchange.
* * * * *
(g) BLM's withdrawal from or termination of an exchange proposal or
its agreement to begin an exchange, at any time prior to a notice of
decision, under Sec. 2201.7-1, may not be protested or appealed.
27. Section 2201.7-1 is amended by revising paragraphs (b) and (c)
to read as follows:
Sec. 2201.7-1 Notice of decision.
* * * * *
(b) For a period of 45 days after the date of publication of a
notice of the availability of a decision to approve or disapprove an
exchange proposal, the decision will be subject to protest in
accordance with parts 4 and 1840 of this title.
(c) Any party adversely affected by BLM's decision on a protest may
appeal that decision in accordance with parts 4 and 1840 of this title.
28. Section 2201.7-2 is amended by revising paragraph (b)(4) to
read as follows:
Sec. 2201.7-2 Exchange agreement.
(b)* * *
(4) Any BLM decision to approve an exchange in response to a
protest under Sec. 2201.7-1 has been affirmed if appealed in accordance
with parts 4 and 1840 of this title; and
* * * * *
PART 2300--LAND WITHDRAWALS
29. The authority citation for part 2300 continues to read as
follows:
Authority: 43 U.S.C. 1201; 43 U.S.C. 1740; E.O. 10355 (17 FR
4831, 4833).
30. In Sec. 2310.3-2, paragraphs (f)(1) and (f)(2) are revised to
read as follows:
Sec. 2310.3-2 Development and processing of the case file for
submission to the Secretary.
* * * * *
(f) * * *
(1) If the applicant objects to BLM's findings and recommendations
to the Secretary, the applicant may, within 30 days of receipt by the
applicant of notification thereof, protest the findings and
recommendations in accordance with parts 4 and 1840 of this title,
stating his or her objections in writing, and requesting the BLM
Director to review BLM's findings and recommendations. BLM will advise
the applicant of the BLM Director's decision within 30 days of receipt
of the applicant's protest in BLM's Washington Office. The applicant's
protest and the BLM Director's decision must be made part of the case
file and thereafter the case file must be submitted to the Secretary.
(2) If the applicant disagrees with the decision of the BLM
Director, he/she may, within 30 days of receipt by the applicant of the
BLM Director's decision, submit to the Secretary a statement of reasons
for disagreement. The statement will be considered by the Secretary
together with BLM's findings and recommendations, the applicant's
protest, the decision of the BLM Director, the balance of the case file
and any additional information the Secretary may request.
PART 2450--PETITION-APPLICATION CLASSIFICATION SYSTEM
31. An authority citation for part 2450 is added to read as
follows:
Authority: 43 U.S.C. 1740.
32. In Sec. 2450.5, paragraphs (d) is removed.
PART 2520--DESERT LAND ENTRIES
33. The authority citation for part 2520 is revised to read as
follows:
Authority: R.S. 2478; 43 U.S.C. 1201 and 1740.
34. In Sec. 2520.0-7, paragraph (b) is revised to read as follows:
Sec. 2520.0-7 Cross references.
* * * * *
(b) For protests, appeals, contests and hearings procedures, see
parts 4 and 1840 of this title.
35. Section 2521.6 is amended by revising the last sentence of
paragraph (i)(2) to read as follows:
Sec. 2521.6 Final proof.
* * * * *
(1) * * *
(2) * * * In default of any action by the claimant within the
specified time, BLM will reject the proof. Any claimant adversely
affected by BLM's rejection of a proof under this section may appeal
the rejection decision in accordance with parts 4 and 1840 of this
title.
36. In Sec. 2521.8, paragraph (a) is revised to read as follows:
Sec. 2521.8 Contests.
(a) Contests may be initiated in accordance with parts 4 and 1840
of this title by any person seeking to acquire title to or to claim an
interest in the land involved against a party to any desert-land entry
because of priority of claim or for any sufficient cause affecting the
legality or validity of the claim not shown by the BLM records.
* * * * *
37. Section 2522.2 is revised to read as follows:
Sec. 2522.2 Procedure on applications for extensions of time, where
contest is pending.
(a) A pending contest against a desert-land entry will not prevent
BLM from granting an application for extension of time, where the
contest affidavit does not charge facts tending to overcome the prima
facie showing of a right to such an extension (41 L.D. 603).
(b) BLM will not defer its consideration of an application for
extension of time because of a pending contest against the entry in
question unless the contest charges are sufficient, if proven, to
negate the right of the entryman to an extension of time for making
final proof. If the contest charges are insufficient to negate the
right of the entryman to an extension of time for making final proof,
BLM will grant the application for extension if the application is
regular in all respects and dismiss the contest subject to the right of
appeal, but without prejudice to the contestant's right to amend his or
her charges.
PART 2540--COLOR-OF-TITLE AND OMITTED LANDS
38. An authority citation for Part 2540 is added to read as
follows:
Authority: 43 U.S.C. 1740.
39. In Sec. 2541.5, paragraph (a) is revised to read as follows:
Sec. 2541.5 Publication; protests and contests.
(a) The applicant must publish a notice once a week for four
consecutive weeks in accordance with Sec. 1824.3 of this title, at the
applicant's expense, in a newspaper and in a form designated by BLM.
The purpose of the notice is to give anyone who may claim the land
adversely against the applicant an opportunity to file a protest or
contest to the issuance of patent under the application in accordance
with parts 4 and 1840 of this title. Anyone who protests or contests
the issuance of patent must serve a copy of the protest or contest on
the applicant and furnish BLM with evidence of the service. BLM will
post a copy of the notice for publication in the appropriate office
during the entire period of publication.
[[Page 54129]]
Before to patent issuance, the applicant must give BLM copies of the
published notice and the statement of the publisher, which will serve
as evidence that the notice was published for the required period.
* * * * *
40. Section 2542.3 is revised to read as follows:
Sec. 2542.3 Publication and posting of notice.
If upon consideration of the application BLM determines that the
applicant is entitled to purchase the land applied for, the applicant,
at the applicant's expense, must publish notice of the application in a
form designated by the BLM and in a newspaper of general circulation in
the county in which the land applied for is located. The purpose of
this notice is to give all persons who may claim the lands adversely to
the applicant or who may have a bona fide objection to the proposed
purchase an opportunity to file a protest or contest in accordance with
parts 4 and 1840 of this title before the purchase is completed. Anyone
who protests or contests the purchase must serve a copy of the protest
or contest on the applicant and must furnish BLM with evidence of the
service. BLM will post a copy of the notice for publication in the
appropriate office during the entire period of publication. Before, to
purchase, the applicant must give BLM copies of the published notice
and the statement of the publisher, which will serve as evidence that
the notice was published for the required period.
41. In Sec. 2542.4, paragraph (a) is revised to read as follows:
Sec. 2542.4 Patent.
(a) If the applicant submits satisfactory proof of publication and
no one has filed a protest or contest against the application in
accordance with parts 4 and 1840 of this title during the time allowed
for filing objections against the application, BLM will issue the
applied-for patent.
* * * * *
42. Section 2543.4 is revised to read as follows:
Sec. 2543.4 Publication and posting.
Upon payment of the appraised price, BLM will issue a notice of
application. The applicant must pay for publication of the notice of
the application in a newspaper of general circulation, designated by
BLM, in the vicinity of the applied-for lands. The notice must be
published once a week for five consecutive weeks immediately prior to
the date of sale. However, a sufficient time should elapse between the
date of last publication and the date of sale to enable the statement
of the publisher to be filed. The purpose of the notice is to give all
persons who may claim the lands adversely to the applicant an
opportunity during the publication period to file a protest or contest
in accordance with parts 4 and 1840 of this title. Protests and
contests must be corroborated. Anyone who files a protest or contest
must serve a copy on the applicant and must furnish BLM with evidence
of the service. BLM will post a copy of the notice for publication in
the appropriate office during the entire period of publication. Before
to the date fixed for the sale, the applicant must give BLM copies of
the published notice and the statement of the publisher, which will
serve as evidence that the notice was published for the required
period.
43. Section 2543.5 is revised to read as follows:
Sec. 2543.5 Patent.
If the applicant submits satisfactory proof and no one has filed a
protest or contest against the application in accordance with parts 4
and 1840 of this title, BLM will issue the applied-for patent.
44. Section 2544.4 is revised to read as follows:
Sec. 2544.4 Publication and posting.
Upon payment of the appraised price of the land, BLM will issue a
notice of application. In accordance with Sec. 1824.3 of this title,
the notice must be published at the expense of the applicant in a
newspaper of general circulation, designated by the BLM, in the
vicinity of the applied-for lands, once a week for five consecutive
weeks immediately prior to the date of sale. However, a sufficient time
must elapse between the date of the last publication and the date of
sale to enable the statement of the publisher to be filed. The purpose
of the notice is to give all persons who may claim the lands adversely
to the applicant an opportunity during the publication period to file a
protest or contest in accordance with parts 4 and 1840 of this title.
Protests and contests must be corroborated. Anyone who files a protest
or contest must serve a copy on the applicant and must furnish BLM with
evidence of the service. BLM will post a copy of the notice of
publication in the appropriate office during the entire period of
publication. Before the date fixed for the sale, the applicant must
give BLM copies of the notice of publication and the statement of the
publisher as evidence that the notice was published for the required
period.
45. Section 2545.3 is revised to read as follows:
Sec. 2545.3 Publication and posting.
Upon payment of the appraised price, BLM will issue a notice of
application. The applicant must pay for publication of the notice of
the application at his/her own expense in a newspaper of general
circulation, designated by BLM, in the vicinity of the applied-for
lands. The notice must be published once a week for five consecutive
weeks immediately before the date of sale. However, a sufficient time
must elapse between the date of last publication and the date that
patent is issued to enable the statement of the publisher to be filed.
The purpose of the notice is to give all persons who may claim the
lands adversely to the applicant an opportunity to file a protest or
contest in accordance with parts 4 and 1840 of this title. Protests and
contests must be corroborated. Anyone who files a protest or contest
must serve a copy on the applicant and must furnish BLM with evidence
of the service. BLM will post a copy of the notice of application in
the appropriate office during the entire period of publication. Before
patent issuance, the applicant must give BLM copies of the published
notice and the statement of the publisher, which will serve as evidence
that the notice was published for the required period.
46. In Sec. 2546.3, paragraph (a) is revised to read as follows:
Sec. 2546.3 Payment and publication.
(a) Before lands may be sold to a qualified preference-right
claimant, the claimant must pay the purchase price of the lands and
must publish a notice, once a week for four consecutive weeks, at his/
her expense, in a newspaper and format designated by BLM. The purpose
of the notice is to give all persons an opportunity to file with the
BLM State Office at Boise, Idaho, any protests or contests to issuance
of patent to the claimant in accordance with parts 4 and 1840 of this
title. Anyone who files a protest or contest must serve on the claimant
a copy of the protest or contest and must furnish BLM with evidence of
the service.
* * * * *
47. In Sec. 2547.4, paragraph (a) is revised to read as follows:
Sec. 2547.4 Publication and posting.
(a) The applicant must publish a notice of the application once a
week for five consecutive weeks in accordance with 1824.3 of this
title, in a newspaper and a format designated by BLM. All persons who
may claim the land adversely to the applicant may file with
[[Page 54130]]
the BLM State Office identified in the notice, a protest or contest to
issuance of patent under the application in accordance with parts 4 and
1840 of this title. Anyone who files a protest or contest must serve on
the applicant a copy of the protest or contest and furnish BLM with
evidence of the service.
* * * * *
PART 2560--ALASKA OCCUPANCY AND USE
48. An authority citation for part 2560 is added to read as
follows:
Authority: R.S. 2473; 43 U.S.C. 1201 and 1740.
49. The authority citation for subpart 2562 is removed.
50. Section 2565.2 is amended by revising paragraph (d) to read as
follows:
Sec. 2565.2 Application; fees; contests and protests.
* * * * *
(d) Contests and protests. Applications for entry will be subject
to contest or protest in accordance with parts 4 and 1840 of this
title.
51. Section 2565.4 is amended by revising the last sentence of
paragraphs (b)(1) and (b)(2) to read as follows:
Sec. 2565.4 Deeds.
(b)(1) * * * In case of conflicting applications for lots, the
trustee, if he or she considers it necessary, may order a hearing to be
conducted in accordance with parts 4 and 1840 of this title.
(2) * * * Any party adversely affected by a decision of the trustee
or a decision of BLM made under this subpart may appeal the decision in
accordance with parts 4 and 1840 of this title.
PART 2620--STATE GRANTS
52. The authority citation for part 2620 continues to read as
follows:
Authority: R.S. 2478; 43 U.S.C. 1201.
53. Section 2621.2 is amended by revising paragraph (a) to read as
follows:
Sec. 2621.2 Publication, protests, and contests.
(a) The State must publish a notice of the application once a week
for five consecutive weeks in accordance with Sec. 1824.3 of this
title, at its own expense, in a newspaper and format designated by BLM.
The purpose of the notice is to give all persons who may claim the land
adversely an opportunity to file with BLM a protest or contest, in
accordance with parts 4 and 1840 of this title, to the issuance of a
certification to the State for lands selected under the law. Anyone who
files a protest or contest must serve on the State a copy of the
protest or contest and furnish evidence of service to the appropriate
BLM office.
* * * * *
54. Section 2623.2 is amended by removing the paragraph designation
(a) and revising the last sentence to read as follows:
Sec. 2623.2 Claims protected.
* * * BLM will follow the procedures of parts 4 and 1840 of this
title for all protests, contests, or claims filed by individuals,
associations, or corporations against the States, affecting school-
section lands.
PART 2640--FAA AIRPORT GRANTS
55. The authority citation for part 2640 is revised to read as
follows:
Authority: 49 U.S.C. 2215.
56. In Sec. 2641.3 paragraph (c) is revised to read as follows:
Sec. 2641.3 Publication and payment.
* * * * *
(c) BLM will send the decision concerning the granting or denial of
an application to the applicant and to any party who commented on the
application. Any party who is adversely affected by BLM's decision may
appeal the decision in accordance with parts 4 and 1840 of this title.
* * * * *
PART 2650--ALASKA NATIVE SELECTIONS
57. The authority citation for part 2650 is revised to read as
follows:
Authority: 43 U.S.C. 1624.
58. In Sec. 2650.7, the third sentence of paragraph (d),
introductory text, and the second sentence of paragraph (d)(2) are
revised to read as follows:
Sec. 2650.7 Publication.
* * * * *
(d) * * * Any decision or notice actually served on parties or
constructively served on parties in accordance with this section must
state that any party claiming a property interest in land affected by
the decision may appeal the decision in accordance with parts 4 and
1840 of this title. * * *
* * * * *
(2) * * * Furthermore, the decision or notice of decision must
inform readers where further information about filing an appeal may be
found. It must also state that any party known or unknown who may claim
a property interest which may be adversely affected by the decision
will be deemed to have waived their rights which may have been
adversely affected unless they file an appeal. They must file the
appeal in accordance with the requirements stated in the decisions or
notices provided for in this subsection and parts 4 and 1840 of this
title.
59. Section 2650.8 is revised to read as follows:
Sec. 2650.8 Appeals.
Any decision relating to a land selection will become final unless
appealed in accordance with parts 4 and 1840 of this title.
60. In Sec. 2653.5, paragraph (l) is revised to read as follows:
Sec. 2653.5 Cemetery sites and historical places.
* * * * *
(l) BLM or the Secretary will serve the decision on the applicant
and all parties of record in accordance with the provisions of parts 4
and 1840 of this title. The decision will be published in accordance
with the requirements of Sec. 2650.7 of this title. The decision of BLM
will become final unless appealed in accordance with parts 4 and 1840
of this title. Any agency adversely affected by the certification of
BIA or the decision of BLM may also appeal the matter in accordance
with parts 4 and 1840 of this title. After a decision to convey an
existing cemetery site or historical place has become final, BLM will
adjust the segregation of the lands to conform with that conveyance.
61. Section 2653.8-3 is revised to read as follows:
Sec. 2653.8-3 Appeals.
Any party who is adversely affected by a decision made by BLM on
applications filed under section 14(h)(5) of the Act may appeal the
decision in accordance with parts 4 and 1840 of this title.
62. Section 2655.4 is revised to read as follows:
Sec. 2655.4 Adverse decisions.
(a) Any decision adverse to the holding agency or Native
corporation will become final unless appealed in accordance with parts
4 and 1840 of this title. If a decision is appealed, the Secretary may
take personal jurisdiction over the matter in accordance with Sec. 4.5
of this title. In the case of appeals from affected Federal agencies,
the Secretary may take jurisdiction upon written request from the
appropriate cabinet level official. The requesting official, the State
Director and any affected Native corporation must be notified in
writing of the Secretary's decision regarding the request for
Secretarial jurisdiction and
[[Page 54131]]
the reasons for the decision must be sent in writing to the requesting
agency and any other parties to the appeal.
(b) When an appeal to a decision to issue a conveyance is made by a
holding agency or a Native corporation on the basis that BLM neglected
to make a determination under section 3(e)(1) of the Act, the matter
will be remanded by the Interior Board of Land Appeals to BLM for a
determination under section 3(e)(1) of the Act and these regulations:
provided, that the holding agency or Native corporation has reasonably
satisfied the Board that its claim is not frivolous.
PART 2720--CONVEYANCE OF FEDERALLY-OWNED MINERAL INTERESTS
63. The authority citation for part 2720 continues to read as
follows:
Authority: 43 U.S.C. 1719 and 1740.
64. Section 2720.5 is revised to read as follows:
Sec. 2720.5 Appeals.
Any applicant adversely affected by a decision of BLM made under
this subpart may appeal the decision in accordance with parts 4 and
1840 of this title.
PART 2800-- RIGHTS-OF-WAY, PRINCIPLES AND PROCEDURES
65. The authority citation for part 2800 is revised to read as
follows:
Authority: 43 U.S.C. 1733, 1740, and 1763-1764.
66. Section 2803.4 is amended by revising paragraph (e) to read as
follows:
Sec. 2803.4 Suspension and termination of right-of-way authorizations.
* * * * *
(e) In the case of a right-of-way grant which is, under its terms,
an easement, BLM will give written notice to the holder of the
suspension or termination. BLM will then refer the matter to the Office
of Hearings and Appeals for a hearing before an administrative law
judge in accordance with parts 4 and 1840 of this title. If the
administrative law judge determines that grounds for suspension or
termination exist and such an action is justified, BLM will suspend or
terminate the right-of-way grant.
67. Section 2804.1 is revised to read as follows:
Sec. 2804.1 Appeals procedure.
(a) A party adversely affected by a decision of BLM made under this
subpart may appeal the decision in accordance with parts 4 and 1840 of
this title.
(b) All decisions of BLM made under this part will go into effect
immediately and will remain in effect while appeals are pending unless
a stay is granted in accordance with Sec. 4.21(b) of this title.
68. Section 2808.2-2 is revised to read as follows:
Sec. 2808.2-2 Category determination.
(a) BLM will determine the appropriate category and collect the
required application processing fee under Sec. 2808.3-1 and 2808.5
before processing an application. A record of BLM's category
determination will be made and given to the applicant. A party
adversely affected by this determination may appeal the decision in
accordance with Secs. 2804.1 and 2808.6.
(b) During the processing of an application, BLM may change a
category determination to place an application in Category V at any
time it is determined that the application requires the preparation of
an environmental impact statement. A record of change in category
determination under this paragraph will be made and given to the
applicant. A party adversely affected by a revised determination may
appeal the decision in the same manner as an original category
determination under paragraph (a) of this section. BLM will make no
other changes of category determination.
69. In Sec. 2808.3-1, paragraph (i) is revised to read as follows:
Sec. 2808.3-1 Application fees.
* * * * *
(i) BLM will provide the applicant with a written determination of
the reasonable costs to be reimbursed by the applicant or holder and
those that will be funded by the United States under paragraphs (e) and
(f) of this section and Sec. 2808.5. A party adversely affected by this
determination may appeal the decision in accordance with Secs. 2804.1
and 2808.6.
70. In Sec. 2808.5, paragraph (c) is revised to read as follows:
Sec. 2808.5 Other cost considerations.
* * * * *
(c) The State Director may reduce or waive fees under this section
in determining reimbursable costs made under Sec. 2808.3. Any party
adversely affected by the State Director's decision may appeal the
decision in accordance with Secs. 2804.1 and 2808.6.
71. Section 2808.6 is revised to read as follows:
Sec. 2808.6 Action pending decision on appeal.
(a) Even if an appeal is filed regarding BLM's determination under
Sec. 2808.2-2(a) that an application is in Categories I through IV, the
application will not be accepted for processing without payment of the
fee for the application according to the category determined by BLM.
However, when the payment is received, BLM may process the application
and, if proper, issue the grant or temporary use permit. BLM will
refund monies or make any other adjustments necessary as a result of
the outcome of the appeal.
(b) If an appeal is filed regarding BLM's determination that an
application is in Category V under Sec. 2808.2-2(a) or that an
applicant must pay additional costs under Sec. 2808.3-1 (e) through (i)
or Sec. 2808.5(c), BLM will suspend processing of the application
pending the outcome of the appeal.
PART 2810--TRAMROADS AND LOGGING ROADS
72. The authority citation for part 2810 continues to read as
follows:
Authority: 43 U.S.C. 1181a, 1181b, 1732, 1733, and 1740.
73. Section 2812.8-1 is amended by revising paragraph (c) to read
as follows:
Sec. 2812.8-1 Notice of termination.
* * * * *
(c) BLM will serve notice of the termination personally or by
registered mail on the permittee and will describe the
misrepresentation, failure or default involved. Any permittee adversely
affected by BLM's notice of termination may appeal the decision in
accordance with parts 4 and 1840 of this title.
* * * * *
74. Section 2812.8-2 is amended by revising the second and third
sentences of paragraph (b) as follows:
Sec. 2812.8-2 Remedies for violations by licensee.
* * * * *
(b) * * * The permittee is bound by BLM's decision. A permittee who
is adversely affected by the BLM decision may appeal the decision in
accordance with parts 4 and 1840 of this title. In the alternative, a
permittee who believes that a licensee has violated the terms of the
timber sale contract or cooperative agreement respecting the use of the
permittee's roads may proceed against the licensee in any court of
competent jurisdiction to obtain appropriate relief.
75. Section 2812.9 is revised to read as follows:
Sec. 2812.9 Appeals.
Any party adversely affected by a BLM decision made under this
subpart may appeal the decision in accordance with parts 4 and 1840 of
this title.
[[Page 54132]]
PART 2880--RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT
76. The authority citation for part 2880 is revised to read as
follows:
Authority: 30 U.S.C. 185.
77. In Sec. 2883.1-1, paragraph (a)(4) is revised to read as
follows:
Sec. 2883.1-1 Cost reimbursement.
(a) * * *
(4)(i) BLM may accept an application for the purpose of determining
the appropriate category and the nonrefundable application processing
fee. However, BLM will collect the full amount of the nonrefundable
application processing fee prior to processing the application. BLM
will make a record of BLM's category determination and give it to the
applicant. Any party who is adversely affected by BLM's category
determination may appeal the decision in accordance with Sec. 2884.1.
Even if a category determination is appealed, BLM will not process an
application without payment of the fee determined by BLM. If the
payment is made, BLM will process the application and will issue the
grant or permit if the application is proper. BLM will refund fees if
directed to do so in the appeal decision. Where the amount of the
nonrefundable application processing fee submitted by an applicant
exceeds the amount of the fee required in BLM's category determination,
BLM will refund the excess unless requested in writing by the applicant
to apply all or part of the refund to the grant monitoring fee required
by paragraph (b) of this section or to the rental payment for the grant
or permit.
(ii) During the processing of an application, BLM may change a
category determination to place an application in Category VI at any
time BLM determines that the application requires preparation of an
environmental impact statement. BLM will make a record of the change in
category determination under this paragraph. Any party adversely
affected by BLM's decision to change the category determination may
appeal the decision in accordance with Sec. 2884.1.
78. Section 2883.5 is revised to read as follows:
Sec. 2883.5 Immediate temporary suspension of activities.
(a) BLM may order immediate remedial actions or an immediate
temporary suspension of any activity being conducted or authorized by a
holder within a right-of-way or temporary use permit area in accordance
with this section and parts 4 and 1840 of this title.
(b) BLM may order an immediate suspension without regard to actions
which have been or may be taken by another federal or state agency.
(c) BLM may order an immediate temporary suspension orally or in
writing on the site of the activity to the holder or a contractor or
subcontractor of the holder, or to any representative, agent, employee,
or contractor of any of them. The activity must end at that time. As
soon as practicable, BLM will send a written notice to the holder or
the holder's designated agent to confirm the previous oral order.
79. In Sec. 2883.6-1, paragraph (c) is revised to read as follows:
Sec. 2883.6-1 Suspension and termination of right-of-way grants.
* * * * *
(c) If BLM determines that a situation under Sec. 2883.6 or this
section exists in connection with a right-of-way grant, BLM will give
written notice to the holder, and refer the matter to the Office of
Hearings and Appeals for a hearing before an administrative law judge
in accordance with parts 4 and 1840 of this title. BLM will suspend or
terminate the right-of-way grant if the administrative law judge
determines that grounds for suspension or termination exist and that
the action is justified.
80. Section 2883.6-2 is amended by revising paragraphs (b) and (c)
to read as follows:
Sec. 2883.6-2 Suspension and termination of temporary permits.
* * * * *
(b) If BLM determines that a situation under Sec. 2883.6 or this
section exists, BLM will give written notice to the holder. The holder
may protest the determination to the BLM office issuing the notice. The
reviewing official will, within the time specified in the notice,
affirm, modify, or cancel the determination and will provide the holder
with a written decision.
(c) A holder who is adversely affected by the decision made under
paragraph (b) of this section may appeal the decision in accordance
with parts 4 and 1840 of this title.
81. Section 2884.1 is revised to read as follows:
Sec. 2884.1 Appeals procedure.
(a) A party adversely affected by a decision of BLM under this
subpart may appeal the decision in accordance with parts 4 and 1840 of
this title.
(b) Except for decisions under Sec. 2883.6 through 2883.6-2, all
BLM decisions under this part will go into effect immediately and will
remain in effect while appeals are pending unless a stay is granted in
accordance with Sec. 4.21(b) of this title.
PART 2910--LEASES
82. The authority citation for part 2900 is revised to read as
follows:
Authority: 43 U.S.C. 687c-1, 1441-1443 and 1740.
83. The authority citation for subpart 2911 is removed.
84. The authority citation for subpart 2912 is removed.
85. Section 2916.2-5 is added to read as follows:
Sec. 2916.2-5 Appeals.
Any party adversely affected by a BLM decision made under this
subpart may appeal the decision in accordance with parts 4 and 1840 of
this title.
PART 2920--LEASES, PERMITS AND EASEMENTS
86. The authority citation for part 2920 is revised to read as
follows:
Authority: 43 U.S.C. 1732-1733 and 1740.
87. Section 2920.2-2 is revised to read as follows:
Sec. 2920.2-2 Minimum impact permits.
(a) BLM may, without publication of a notice of realty action,
issue a permit for a land use authorization if BLM determines that the
proposed use conforms with BLM plans, policies and programs, local
zoning ordinances and any other requirements and will not cause
appreciable damage or disturbance to the public lands, their resources
or improvements.
(b) Permit decisions made under paragraph (a) of this section will
go into effect immediately upon execution, and remain in effect during
the period of time specified in the decision to issue the permit. Any
person adversely affected by a decision to grant or deny a permit under
paragraph (a) of this section may appeal the decision in accordance
with parts 4 and 1840 of this title. However, decisions and permits
issued under paragraph (a) of this section will remain in effect unless
a petition for a stay is granted under Sec. 4.21(b) of this title.
88. In Sec. 2920.2-5 paragraph (b), introductory text, and
paragraph (b)(4) are revised to read as follows:
Sec. 2920.2-5 Proposal review.
* * * * *
(b) If the proposal is found to be appropriate for further
consideration, BLM will examine the proposal and make one of the
following determinations:
* * * * *
[[Page 54133]]
(4) The proposed land use does not conform with the approved land
use plan. Any party adversely affected by this determination may appeal
the determination in accordance with parts 4 and 1840 of this title.
89. Section 2920.4 is amended by revising paragraph (d) to read as
follows:
Sec. 2920.4 Notice of realty action.
* * * * *
(d) An application submitted before a notice of realty action is
published will not be processed and will be returned to the person who
submitted it. Return of an application may not be appealed or
protested.
90. Section 2920.9-3 is amended by revising paragraphs (b)(1) and
(c), introductory text, and (c)(2) to read as follows:
Sec. 2920.9-3 Termination and suspension.
* * * * *
(b)(1) If BLM determines that there is noncompliance with the terms
and conditions of a land use authorization which adversely affects
health, safety or the environment, BLM will order an immediate
temporary suspension of the land use in accordance with Sec. 1844.11
(c) of this title.
* * * * *
(c) Process for termination or suspension other than temporary
immediate suspension.
* * * * *
(2) After BLM gives the holder of the land use authorization due
notice of termination or suspension, if noncompliance still exists
after a reasonable time, BLM will give written notice to the holder and
refer the matter to the Office of Hearings and Appeals for a hearing
before an administrative law judge in accordance with part 1840 and
4.420-4.439 of this title. BLM will suspend or revoke the land use
authorization if the administrative law judge determines that grounds
for suspension or revocation exist and that such an action is
justified.
PART 3000--MINERALS MANAGEMENT: GENERAL
91. The authority citation for part 3000 is revised to read as
follows:
Authority: 30 U.S.C. 189, 306 and 359; 16 U.S.C. 3150; 43 U.S.C.
1740; 42 U.S.C. 6508; 31 U.S.C. 9701(b); and 40 Op. Atty. Gen. 41.
92. Section 3000.4 is revised to read as follows:
Sec. 3000.4 Appeals.
Except as provided in Sec. 3101.7-3(b), 3102.5-1, 3108.3, and
3120.1-3 of this title, any party adversely affected by a decision of
BLM made under the provisions of Group 3000 or Group 3100 of this title
may appeal the decision in accordance with parts 4 and 1840 of this
title.
Sec. 3000.5 [Removed]
93. Section 3000.5 is removed.
PART 3100--ONSHORE OIL AND GAS LEASING
94. The authority citation for part 3100 continues to read as
follows:
Authority: 30 U.S.C. 181 et seq., 30 U.S.C. 351-359.
95. Section 3101.7-3 is revised to read as follows:
Sec. 3101.7-3 Appeals.
(a) Any party adversely affected by a decision of BLM to reject an
offer to lease or to issue a lease with stipulations recommended by the
surface managing agency may appeal the decision in accordance with
parts 4 and 1840 of this title.
(b) If, as provided by statute, a surface managing agency has
required that certain stipulations be included in a lease or has
consented, or objected or refused to consent to leasing, any lease
offeror adversely affected by the surface managing agency decision may
appeal the decision only in accordance with the administrative appeals
procedures provided for by the particular surface managing agency.
PART 3120--COMPETITIVE LEASES
96. The authority citation for part 3120 is revised to read as
follows:
Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 16 U.S.C.
3101 et seq.; 43 U.S.C. 1701 et seq.; 40 U.S.C. 471 et seq., and 40
Op. Atty. Gen. 41.97. Section 3120.1-3 is revised to read as
follows:
Sec. 3120.1-3 Protests and appeals.
(a) A decision of BLM to hold a lease sale as provided under this
subpart will not be suspended or stayed under Sec. 4.21(a) or
Sec. 1844.11 of this title if an appeal of the decision is filed. BLM
may suspend the offering of a specific parcel while considering a
protest or appeal regarding its inclusion in a Notice of Competitive
Lease Sale.
(b) Only the Secretary or the Assistant Secretary for Land and
Minerals Management may suspend a lease sale for good and just cause
after reviewing the reason(s) for an appeal.
PART 3150--ONSHORE OIL AND GAS GEOPHYSICAL EXPLORATION
98. The authority citation for part 3150 is revised to read as
follows:
Authority: 30 U.S.C. 189; 30 U.S.C. 359; 43 U.S.C. 1733 and
1740; 16 U.S.C. 3150; 42 U.S.C. 6508; and 31 U.S.C. 9701.
99. In Sec. 3150.1, the second sentence is revised to read as
follows:
Sec. 3150.1 Suspension, revocation or cancellation.
* * * The Secretary may order an immediate temporary suspension of
activities authorized under a permit or other use authorization as
provided in Sec. 1844.11(c) of this title.
100. Section 3150.2 is revised to read as follows:
Sec. 3150.2 Appeals.
(a) Any party adversely affected by a decision or approval of BLM
under this subpart may appeal that decision in accordance with parts 4
and 1840 of this title.
(b) All decisions and approvals of BLM under this part will go into
effect immediately and will remain in effect while appeals are pending
unless a stay is granted in accordance with Sec. 4.21(b) of this title.
(c) Notwithstanding paragraph (b) of this section, nothing in this
section will diminish BLM's discretionary authority to stay the
effectiveness of a decision under this subpart if the decision is
appealed and an adversely affected party requests a stay or BLM decides
to stay the decision on its own initiative.
PART 3160--ONSHORE OIL AND GAS OPERATIONS
101. The authority citation for part 3160 continues to read as
follows:
Authority: 43 U.S.C. 1733; 30 U.S.C. 189; 30 U.S.C. 359; 30
U.S.C. 306; 25 U.S.C. 396, 396d, 398e and 399; 42 U.S.C. 6508; 30
U.S.C. 1701 et seq.
102. Section 3165.3 is revised to read as follows:
Sec. 3165.3 Notice and hearing on the record.
(a) Notice. If an operating rights owner or operator fails to
comply with any provisions of the lease, the regulars in this part,
applicable orders or notices, or any other appropriate orders of BLM,
BLM will give the party written notice to remedy any defaults or
violations. BLM will serve written orders or notices of violation,
assessment, or proposed penalty on the party by personal service or by
certified mail. Any person may designate a representative to receive
any notice of violation, assessment, or proposed penalty on his/her
behalf. In the case of a major violation, BLM will make a good faith
effort to contact the designated representative by telephone to be
followed by a written notice. Receipt of notice will be deemed to
[[Page 54134]]
occur at the time of the telephone contact, and the time of notice and
the name of the receiving party will be documented in the file. If BLM
is unable to contact the designated representative after good faith
efforts, BLM will serve notice of the major violation on any person
conducting or supervising operations subject to the regulations in this
part. In the case of a minor violation, BLM will serve notice as
described above. A copy of all orders, notices, or instructions served
on any contractor or field employee or designated representative will
also be mailed to the operator. Any notice involving a civil penalty
will be mailed to the operating rights owner.
(b) No civil penalty will be assessed under this part until the
party charged with the violation has been given the opportunity for a
hearing on the record in accordance with section 109(e) of the Federal
Oil and Gas Royalty Management Act. Any party adversely affected by
BLM's decision on the proposed penalty may request a hearing on the
record before an administrative law judge or, in lieu of a hearing, may
appeal that decision directly to the Interior Board of Land Appeals as
provided in Sec. 3165.4(b)(2). If the party elects to request a hearing
on the record, the request must be filed in the office of the State
Director having jurisdiction over the lands covered by the lease within
30 days of receipt of the notice of proposed penalty. If a hearing on
the record is requested, the State Director will refer the complete
case file to the Office of Hearings and Appeals for a hearing before an
administrative law judge in accordance with parts 4 and 1840 of this
title.
(c) Effect of request for hearing on the record. Any request for a
hearing on the record before an administrative law judge under this
section will not suspend the requirement to comply with the notice of
violation or proposed penalty or stop the daily accumulation of
assessments, unless an administrative law judge so determines in
accordance with part 4 of this title. However, a request for a hearing
on the record will suspend the accumulation of additional daily
penalties until a final decision is rendered, except that within 10
days of receipt of a request for a hearing on the record, the State
Director may, after review of the request, recommend that the BLM
Director reinstate the accumulation of daily civil penalties until the
violation is abated. Within 45 days of the filing of the request for a
hearing on the record, the BLM Director may reinstate the accumulation
of civil penalties if he/she determines that the public interest
requires a reinstatement of the accumulation and that the violation is
causing or threatening immediate, substantial and adverse impacts on
public health and safety, the environment, production accountability,
or royalty income. If the BLM Director does not reinstate the daily
accumulation within 45 days of the filing of the request for a hearing
on the record, the suspension of accumulation of additional daily
penalties will continue.
103. Section 3165.4 is revised to read as follows:
Sec. 3165.4 Appeals.
(a) Appeal of decision. Any party adversely affected by a notice,
instruction, order, or decision under this subpart may appeal it in
accordance with parts 4 and 1840 of this title.
(b) Appeal from decision on a proposed penalty after a hearing on
the record. (1) Any party adversely affected by the decision of an
administrative law judge on a proposed penalty after a hearing on the
record under Sec. 3165.3 may appeal that decision in accordance with
parts 4 and 1840 of this title.
(2) In lieu of a hearing on the record under Sec. 3165.3, any party
adversely affected by a proposed penalty may waive the opportunity for
such a hearing on the record by appealing directly to the Interior
Board of Land Appeals in accordance with parts 4 and 1840 of this
title. However, waiving the right to a hearing on the record precludes
further appeal to the District Court under section 109(j) of the
Federal Oil and Gas Royalty Management Act.
(c) Effect of an appeal on a decision by an administrative law
judge. All decisions of an administrative law judge under this part
will go into effect immediately and remain in effect while any appeals
are pending unless a stay is granted in accordance Sec. 4.21(b) of this
title. Notwithstanding the foregoing sentence, nothing in this
paragraph will diminish the BLM's discretionary authority to stay the
effectiveness of a decision which has been appealed under paragraph (a)
or (b) of this section if an adversely affected party requests a stay
or if BLM's decides a stay is warranted on its own initiative.
(d) Effect of appeal on compliance requirements. Except as provided
in paragraph (e) of this section, any appeal filed in accordance with
paragraphs (a) and (b) of this section will not result in a suspension
of the requirement for compliance with the order or decision from which
the appeal is taken unless the Interior Board of Land Appeals
determines that a suspension will not harm the interests of the lessor
or that a bond has been submitted and accepted which is adequate to
indemnify the lessor from loss or damage.
(e) Effect of appeal on assessments and penalties. (1) Except as
provided in paragraph (e)(3) of this section, an appeal filed under
paragraph (a) of this section will suspend the accumulation of
additional daily assessments. However, the filing of an appeal will not
bar BLM from assessing civil penalties under Sec. 3163.2 in the event
the operator has failed to abate the violation which resulted in the
assessment. The Interior Board of Land Appeals may issue appropriate
orders to coordinate the pending appeal and the pending civil penalty
proceeding.
(2) Except as provided in paragraph (e)(3) of this section, an
appeal filed under paragraph (b) of this section will suspend the
accumulation of additional daily civil penalties.
(3) When an appeal is filed under paragraph (a) or (b) of this
section, the State Director may, within 10 days of receipt of the
notice of appeal, recommend that the BLM Director reinstate the
accumulation of assessments and daily civil penalties until a final
decision is rendered or until the violation is abated. The BLM Director
may, if he/she determines that the public interest requires it,
reinstate the accumulation(s) upon a finding that the violation is
causing or threatening immediate substantial and adverse impacts on
public health and safety, the environment, production accountability,
or royalty income. If the BLM Director does not act on the
recommendation to reinstate the accumulation(s) within 45 days of the
filing of the notice of appeal, the suspension will continue.
(f) Judicial review. Any person who is adversely affected by a
final order of the Secretary under this section may seek review of the
order in the United States District Court for the judicial district in
which the alleged violation occurred. Because section 109 of the
Federal Oil and Gas Royalty Management Act provides for judicial review
of civil penalty determinations only where a person has requested a
hearing on the record, a waiver of such hearing precludes further
review by the district court. Review by the district court will be on
the administrative record only and not de novo. Such an action will be
barred unless filed within 90 days after issuance of final decision.
PART 3180--ONSHORE OIL AND GAS UNIT AGREEMENTS: UNPROVEN AREAS
104. The authority citation for part 3180 continues to read as
follows:
Authority: 30 U.S.C. 181 and 226.
[[Page 54135]]
105. Section 3185.1 is revised to read as follows:
Sec. 3185.1 Appeals.
Any party adversely affected by an instruction, order, or decision
issued under this part may appeal it in accordance with parts 4 and
1840 of this title.
PART 3200--GEOTHERMAL RESOURCES LEASING: GENERAL
106. The authority citation for part 3200 is revised to read as
follows:
Authority: 30 U.S.C. 1023.
107. In Sec. 3205.3-9, the sixth, seventh, and eighth sentences,
are revised to read as follows:
Sec. 3205.3-9 Readjustments.
* * * If the lessee files a protest in accordance with parts 4 and
1840 of this title, and no agreement can be reached between BLM and the
lessee within a period of 60 days, the lease may be terminated by
either party to the lease. Any party adversely affected by such a lease
termination may appeal the termination in accordance with parts 4 and
1840 of this title. If the lessee files a protest to the proposed
readjusted terms and conditions, the existing terms and conditions will
remain in effect until there has been an agreement between BLM and the
lessee on the new terms and conditions to be applied to the lease or
until the lease is terminated, except payments of any proposed
readjusted rentals and royalties must be paid in the timely manner
prescribed in these regulations and may be paid under protest. The
readjusted terms and conditions will be effective as of the end of the
term being adjusted. * * *
PART 3240--RULES GOVERNING LEASES
108. The authority citation for part 3240 is revised to read as
follows:
Authority: 30 U.S.C. 1023.
109. Section 3244.3 is revised to read as follows:
Sec. 3244.3 Cancellation of lease for noncompliance with regulations
or lease terms; notice; hearing.
(a) A lease may be canceled by BLM for any violation of these
regulations, the regulations in part 3260 of this title, or the lease
terms, 30 days after the lessee receives notice from BLM of the
violation, unless the lessee corrects the violation within that time
period, or the violation is one that cannot be corrected within the
notice period and the lessee has in good faith begun to correct the
violation within the notice period and thereafter continues to
diligently complete the correction.
(b) Any lessee may seek a hearing before an administrative law
judge regarding the violation or the proposed cancellation of lease.
The lessee must request a hearing in accordance with parts 4 and 1840
of this title within the 30-day period after notice. BLM will extend
the time in which a lessee may correct a violation of the regulations
or of the lease terms to a date which is 30 days after the lessee
receives the administrative law judge's decision on the hearing if the
administrative law judge finds that a violation has occurred.
PART 3250--UTILIZATION OF GEOTHERMAL RESOURCES
110. The authority citation for part 3250 is revised to read as
follows:
Authority: 30 U.S.C. 1001-1025.
111. Section 3250.9 is amended by revising paragraph (b) to read as
follows:
Sec. 3250.9 Relinquishment, expiration, or termination of license.
* * * * *
(b) A license issued under this part may be terminated by written
order of BLM for any violation of any applicable regulation or any
license term or condition, after 30 days notice. However, the
termination will not take effect if within the 30-day notice period
either the violation is corrected or the licensee has commenced in good
faith to correct the violation and will thereafter proceed diligently
to correct the violation where the violation is such that it cannot be
corrected within the notice period. Any licensee who may be adversely
affected by BLM's termination order may appeal the order and is
entitled to a hearing regarding the violation and the termination in
accordance with parts 4 and 1840 of this title if the appeal is filed
within the 30-day notice period. If an appeal is filed on time, BLM
will extend the time in which the licensee may begin to correct the
violation to a date which is 30 days after a final decision is rendered
if it is found that a violation exists.
PART 3260--GEOTHERMAL RESOURCES OPERATIONS
112. The authority citation for part 3260 is revised to read as
follows:
Authority: 30 U.S.C. 1023.
113. Section 3266.1 is revised to read as follows:
Sec. 3266.1 Appeals.
(a) Any party adversely affected by a decision of BLM made under
this part may appeal that decision in accordance with parts 4 and 1840
of this title.
(b) All decisions or approvals of BLM under this part will go into
effect immediately and remain in effect while appeals are pending
unless a stay is granted in accordance with Sec. 4.21(b) of this title.
PART 3280--GEOTHERMAL RESOURCES UNIT AGREEMENTS: UNPROVEN AREAS
114. The authority citation for part 3280 is revised to read as
follows:
Authority: 30 U.S.C. 1001-1025.
115. Section 3285.1 is revised to read as follows:
Sec. 3285.1 Appeals.
Any party adversely affected by an order or decision made under
this part may appeal the order or decision in accordance with parts 4
and 1840 of this title.
PART 3410--EXPLORATION LICENSES
116. The authority citation for part 3410 is revised to read as
follows:
Authority: 30 U.S.C. 210(b).
117. In Sec. 3410.3-1, paragraphs (g)(1) and (g)(2) are revised to
read as follows:
Sec. 3410.3-1 Issuance and termination of an exploration license.
* * * * *
(g) * * *
(1) BLM may adjust the terms and conditions of the exploration
license, or
(2) BLM may direct adjustment in or approve modification of the
exploration plan. Any licensee who is adversely affected by BLM's
adjustment or modification decision may appeal the decision in
accordance with parts 4 and 1840 of this title or may relinquish the
exploration license.
* * * * *
PART 3420--COMPETITIVE LEASING
118. The authority citation for part 3420 is revised to read as
follows:
Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 1272 and
1273; and 43 U.S.C. 1733 and 1740.
119. Section 3427.2 is amended by revising paragraphs (j) and (k)
to read as follows:
Sec. 3427.2 Procedures.
* * * * *
(j) If the surface owner fails to provide evidence of
qualifications in response to surface owner consultation or to a
written request for such evidence, and if BLM is unable to
independently
[[Page 54136]]
determine whether or not the surface owner is qualified, BLM will
presume that the surface owner is unqualified. BLM will notify the
surface owner in writing of this determination and will provide the
surface owner an opportunity to appeal the determination.
(k) Any surface owner determined to be unqualified by decision of
the field official of the surface management agency will have 30 days
from the date of receipt of such decision in which to appeal the
decision in accordance with parts 4 and 1840 of this title.
PART 3430--NONCOMPETITIVE LEASES
120. The authority citation for part 3430 is revised to read as
follows:
Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 1260, 1272
and 1273; and 43 U.S.C. 1733 and 1740.
121. Section 3430.5-2 is revised to read as follows:
Sec. 3430.5-2 Appeals, lack of showing.
(a) Any applicant whose application is rejected because the
applicant has not shown the existence of commercial quantities of coal
may appeal the decision to reject the application in accordance with
parts 4 and 1840 of this title.
(b) The applicant is entitled to a hearing before an administrative
law judge in accordance with parts 4 and 1840 of this title if the
applicant has alleged that the facts in the application are sufficient
to show an entitlement to a lease.
(c) In such a hearing, the applicant bears both the burden of
going forward and the burden of proof to show, by a preponderance of
evidence, that commercial quantities of coal exist in the proposed
lease area.
PART 3450--MANAGEMENT OF EXISTING LEASES
122. The authority citation for part 3450 is revised to read as
follows:
Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 1272 and
1273; and 43 U.S.C. 1733 and 1740.
123. In Sec. 3451.2, paragraph (d) is revised to read as follows:
Sec. 3451.2 Notification of readjusted lease terms.
* * * * *
(d) Any lessee adversely affected by the readjustment decision may
appeal the decision in accordance with parts 4 and 1840 of this title;
and
* * * * *
PART 3470--COAL MANAGEMENT PROVISIONS AND LIMITATIONS
124. The authority citation for part 3470 is revised to read as
follows:
Authority: 30 U.S.C. 189 and 30 U.S.C. 359.
125. Section 3472.1-2 is amended by revising paragraphs (e)(4)(ii)
and (iii) to read as follows:
Sec. 3472.1-2 Special leasing qualifications.
* * * * *
(e) * * *
(4) * * *
(ii) Once a lease has been issued, or transfer approved, to an
entity that qualifies under paragraph (e)(4)(i) of this section, an
adverse decision by BLM on the pending action, or the withdrawal of the
pending action by the applicant, will result in termination of the
lease or recision of the transfer approval. An entity who is adversely
affected by such a decision may appeal the decision in accordance with
parts 4 and 1840 of this title. Such a decision will go into effect
immediately and remain in effect while any appeal is pending unless a
stay is granted in accordance with Sec. 4.21(b) of this title. The
possibility of lease termination will be included as a special
stipulation in every lease issued to an entity that qualifies under
paragraph (e)(4) of this section.
(iii) The entity will not qualify for lease issuance or transfer
under paragraph (e)(4)(i) of this section while an appeal is pending
before the Office of Hearings and Appeals regarding an adverse decision
by BLM on any of the actions described in paragraph (e)(4)(i) of this
section.
* * * * *
PART 3480--COAL EXPLORATION AND MINING OPERATIONS RULES
126. The authority citation for part 3480 is revised to read as
follows:
Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 1266 and
1273; and 43 U.S.C. 1461, 1733 and 1740.
137. Section 3486.4 is revised to read as follows:
Sec. 3486.4 Appeals.
Any party adversely affected by a decision or order issued by BLM
under this part may appeal the decision or order in accordance with
parts 4 and 1840 of this title.
PART 3500--LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE
128. The authority citation for part 3500 is revised to read as
follows:
Authority: 30 U.S.C. 189; 30 U.S.C. 359; 43 U.S.C. 1733 and
1740; 30 U.S.C. 192c; 30 U.S.C. 293; 16 U.S.C. 460n-5; 16 U.S.C.
460q-1; 16 U.S.C. 460dd-2; 16 U.S.C. 460mm-2--460mm-3; 31 U.S.C.
9701.
129. Section 3500.4 is revised to read as follows:
Sec. 3500.4 Appeals.
Any party adversely affected by a decision of BLM made under this
part may appeal the decision in accordance with parts 4 and 1840 of
this title.
130. In Sec. 3500.9-1, paragraph (c) is revised to read as follows:
Sec. 3500.9-1 Federal lands administered by agencies outside of the
Department of the Interior.
* * * * *
(c) If, as provided by statute, a surface managing agency has
required that certain stipulations be included in a lease or permit or
has consented, or objected or refused to consent to leasing or
permitting, any applicant adversely affected by the surface managing
agency decision may appeal the decision only in accordance with the
administrative appeals procedures provided for by the particular
surface managing agency.
PART 3510--PHOSPHATE
131. The authority citation for part 3510 is revised to read as
follows:
Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 43 U.S.C.
1701 et seq.; 47 Stat. 1487; 43 U.S.C. 387; 16 U.S.C. 460n et seq.;
16 U.S.C. 460q et seq.; 16 U.S.C. 90c et seq.; 16 U.S.C. 460dd et
seq.; 16 U.S.C. 460mm-2--460mm-4; 31 U.S.C. 9701.
132. Section 3511.4 is revised to read as follows:
Sec. 3511.4 Readjustment.
(a) The terms and conditions of a lease are subject to reasonable
readjustment at the end of each 20-year period following the effective
date of the lease unless otherwise provided by law at the time of
expiration of such period. Before the expiration of each 20-year
period, BLM will send proposed readjusted terms and conditions to the
lessee. If BLM fails to send the proposed readjusted terms and
conditions prior to the expiration of the 20-year period, the right to
readjust the lease will have been waived until the expiration of the
next 20-year term.
(b) The lessee is deemed to have agreed to the readjusted terms and
conditions unless within 60 days after receiving them, the lessee files
a protest in accordance with part 4 and 1840 of this title to the
readjusted terms and conditions or relinquishes the lease. BLM will
issue a decision responding to the protest, and if the response is
[[Page 54137]]
adverse to the lessee, the lessee may appeal the decision in accordance
with parts 4 and 1840 of this title. The effective date of the
readjustment will not be affected by the filing of a protest or appeal.
(c) Except as provided in this paragraph, the readjusted terms and
conditions will be effective pending a response to the protest or the
outcome of the appeal provided for in paragraph (b) of this section
unless BLM provides otherwise in the decision. Upon the filing of a
protest or appeal, the obligation to pay any increased readjusted
royalties, minimum royalties and rentals will be suspended pending the
outcome of the protest or appeal. However, any such increased
royalties, minimum royalties and rentals will accrue while the protest
or appeal is pending, commencing with the effective date of the
readjustment. If the increased royalties, minimum royalties and rentals
are sustained by the decision on the protest or on appeal, the accrued
balance, plus interest at the rate specified for late payment by the
Service will be payable. (See part 3590 of this title.) Pending the
decision on the protest or the appeal, the royalties, minimum royalties
and rentals will be payable as specified by the lease terms and
conditions in effect prior to the end of the 20-year period.
133. Section 3513.4 is revised to read as follows:
Sec. 3513.4 Rejection of application.
(a) BLM will reject an application for a preference right lease if
it determines that:
(1) The applicant did not discover a valuable deposit of phosphate;
(2) The applicant did not submit requested information in a timely
manner; or
(3) The applicant did not otherwise comply with the requirements of
this subpart.
(b) The applicant has a right to a hearing before an administrative
law judge in accordance with parts 4 and 1840 of this title if the
applicant has alleged facts in the application that are sufficient to
show an entitlement to a lease.
(c) At the hearing, the lease applicant will have both the burden
of going forward and the burden of proof to show, by a preponderance of
the evidence, that a valuable deposit of phosphate was discovered.
PART 3520--SODIUM
134. The authority citation for part 3520 is revised to read as
follows:
Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 43 U.S.C.
1701 et seq.; 47 Stat. 1487; 43 U.S.C. 387; 16 U.S.C. 460n et seq.;
16 U.S.C. 460q et seq.; 16 U.S.C. 90c et seq.; 16 U.S.C. 460dd et
seq.; 16 U.S.C. 460mm-2--460mm-4; 31 U.S.C. 9701.
135. Section 3523.4 is revised to read as follows:
Sec. 3523.4 Rejection of application.
(a) BLM will reject the application for a preference right lease if
it determines that:
(1) The applicant did not discover a valuable deposit of sodium
and/or the lands are not chiefly valuable therefor;
(2) The applicant did not submit requested information in a timely
manner; or
(3) The applicant did not otherwise comply with the requirements of
this subpart.
(b) The applicant has a right to a hearing before an administrative
law judge in accordance with parts 4 and 1840 of this title if the
applicant has alleged facts in the application that are sufficient to
show an entitlement to a lease.
(c) At the hearing, the applicant will have both the burden of
going forward and the burden of proof to show, by a preponderance of
the evidence, that a valuable deposit of sodium or any sodium compound
was discovered and that the lands are chiefly valuable therefor.
PART 3530--POTASSIUM
136. The authority citation for part 3530 is revised to read as
follows:
Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 43 U.S.C.
1701 et seq.; 43 U.S.C. 387; 16 U.S.C. 460n et seq.; 16 U.S.C. 460q
et seq.; 16 U.S.C. 90c et seq.; 16 U.S.C. 460dd et seq.; 16 U.S.C.
460mm-2--460mm-4; 31 U.S.C. 9701.
137. Section 3531.4 is revised to read as follows:
Sec. 3531.4 Readjustment.
(a) The terms and conditions of a lease are subject to reasonable
readjustment at the end of each 20-year period following the effective
date of the lease unless otherwise provided by law at the time of
expiration of such period. Prior to the expiration of each 20-year
period, BLM will send proposed readjusted terms and conditions to the
lessee. If BLM fails to send the proposed readjusted terms and
conditions prior to the expiration of the 20-year period, the right to
readjust the lease will have been waived until the expiration of the
next 20-year term.
(b) The lessee is deemed to have agreed to the readjusted terms and
conditions unless, within 60 days after receiving them, the lessee
files a protest of the readjusted terms in accordance with parts 4 and
1840 of this title or relinquishes the lease. BLM will issue a decision
responding to the protest, and if the response is adverse to the
lessee, the lessee may appeal the decision in accordance with parts 4
and 1840 of this title. The effective date of the readjustment will not
be affected by the filing of a protest or appeal.
(c) Except as provided in this paragraph, the readjusted lease
terms and conditions will be effective pending the outcome of the
protest or the appeal provided for in paragraph (b) of this section
unless BLM provides otherwise. Upon the filing of a protest or appeal,
the obligation to pay any increased readjusted royalties, minimum
royalties and rentals will be suspended pending the outcome of the
protest or appeal. However, any such increased royalties, minimum
royalties and rentals will accrue while the protest or appeal is
pending, commencing with the effective date of the readjustment. If the
increased royalties, minimum royalties and rentals are sustained by the
decision on the protest or appeal, the accrued balance, plus interest
at the rate specified for late payment by the Service will be payable
(See part 3590). Pending the decision on the protest or appeal, the
royalties, minimum royalties and rentals will be payable as specified
by the lease terms and conditions in effect prior to the end of the 20-
year period.
138. Section 3533.4 is revised to read as follows:
Sec. 3533.4 Rejection of application.
(a) BLM will reject an application for a preference right lease if
it determines that:
(1) The applicant did not discover a valuable deposit of potassium
and/or the lands are not chiefly valuable therefor;
(2) The applicant did not submit requested information in a timely
manner; or
(3) The applicant did not otherwise comply with the requirements of
this subpart.
(b) The applicant has a right to a hearing before an administrative
law judge in accordance with parts 4 and 1840 of this title if the
applicant has alleged facts in the application that are sufficient to
show an entitlement to a lease.
(c) At the hearing, the applicant will have both the burden of
going forward and the burden of proof to show, by a preponderance of
the evidence, that a valuable deposit of potassium or any potassium
compound was discovered
[[Page 54138]]
and that the lands are chiefly valuable therefor.
PART 3540--SULPHUR
139. The authority citation for part 3540 is revised to read as
follows:
Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 43 U.S.C.
1701 et seq.; 47 Stat. 1487; 43 U.S.C. 387; 16 U.S.C. 460n et seq.;
16 U.S.C. 460q et seq.; 16 U.S.C. 90c et seq.; 16 U.S.C. 460dd et
seq.; 16 U.S.C. 460mm-2--460mm-4; 31 U.S.C. 9701.
140. Section 3543.4 is revised to read as follows:
Sec. 3543.4 Rejection of application.
(a) BLM will reject an application for a preference right lease if
it determines that:
(1) The applicant did not discover a valuable deposit of sulphur
and/or the lands are not chiefly valuable therefor;
(2) The applicant did not submit requested information in a timely
manner; or
(3) The applicant did not otherwise comply with the requirements of
this subpart.
(b) The applicant has a right to a hearing before an administrative
law judge in accordance with parts 4 and 1840 of this title if the
applicant has alleged facts in the application that are sufficient to
show an entitlement to a lease.
(c) At the hearing, the applicant will have both the burden of
going forward and the burden of proof to show, by a preponderance of
the evidence, that a valuable deposit of sulphur was discovered and
that the lands are chiefly valuable therefor.
PART 3550--``GILSONITE'' (INCLUDING ALL VEIN-TYPE SOLID
HYDROCARBONS)
141. The authority citation for part 3550 is revised to read as
follows:
Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 43 U.S.C.
1701 et seq.; 31 U.S.C. 9701.
142. Section 3551.4 is revised to read as follows:
Sec. 3551.4 Readjustment.
(a) The terms and conditions of a lease are subject to reasonable
readjustment at the end of each 20-year period following the effective
date of the lease unless otherwise provided by law at the time of
expiration of that period. Before the expiration of each 20-year
period, BLM will send proposed readjusted terms and conditions to the
lessee. If BLM fails to send the proposed readjusted terms and
conditions prior to the expiration of the 20-year period, the right to
readjust the lease will have been waived until the expiration of the
next 20-year term.
(b) The lessee is deemed to have agreed to the readjusted terms and
conditions unless, within 60 days after receiving them, the lessee
files a protest of the readjusted terms in accordance with parts 4 and
1840 of this title or relinquishes the lease. BLM will issue a decision
responding to the protest, and if the response is adverse to the
lessee, the lessee may appeal the decision in accordance with parts 4
and 1840 of this title. The effective date of the readjustment will not
be affected by the filing of a protest or an appeal.
(c) Except as provided in this paragraph, the readjusted lease
terms and conditions will be effective pending a response to the
protest or appeal provided for in paragraph (b) of this section unless
BLM provides otherwise. Upon the filing of a protest or appeal, the
obligation to pay any increased readjusted royalties, minimum royalties
and rentals will be suspended pending the outcome of the protest or
appeal. However, any such increased royalties, minimum royalties and
rentals will accrue during the pendency of the protest or appeal,
commencing with the effective date of the readjustment. If the
increased royalties, minimum royalties and rentals are sustained by the
decision on the protest or appeal, the accrued balance, plus interest
at the rate specified for late payment by the Service will be payable
(See part 3590). Pending the decision on the protest or appeal, the
royalties, minimum royalties and rentals will be payable as specified
by the lease terms and conditions in effect before the end of the 20-
year period.
143. Section 3553.4 is revised to read as follows:
Sec. 3553.4 Rejection of application.
(a) BLM will reject an application for a preference right lease if
it determines that:
(1) The applicant did not discover a valuable deposit of
``Gilsonite'';
(2) The applicant did not submit requested information in a timely
manner; or
(3) The applicant did not otherwise comply with the requirements of
this subpart.
(b) The applicant has a right to a hearing before an administrative
law judge in accordance with parts 4 and 1840 of this title if the
applicant has alleged facts in the application that are sufficient to
show an entitlement to a lease.
(c) At the hearing, the applicant will have both the burden of
going forward and the burden of proof to show, by a preponderance of
the evidence, that a valuable deposit of ``Gilsonite'' was discovered.
PART 3560--HARDROCK MINERALS
144. The authority citation for part 3560 is revised to read as
follows:
Authority: 43 U.S.C. 1701 et seq.; 30 U.S.C. 192c; 16 U.S.C.
508(b); 47 Stat. 1487; 43 U.S.C. 387; 16 U.S.C. 460n et seq.; 16
U.S.C. 460q et seq.; 16 U.S.C. 90c et seq.; 16 U.S.C. 460dd et seq.;
16 U.S.C. 460mm-2--460mm-4; 31 U.S.C. 9701.
145. Section 3563.4 is revised to read as follows:
Sec. 3563.4 Rejection of application.
(a) BLM will reject an application for a preference right lease if
it determines that:
(1) The applicant did not discover a valuable deposit of any
mineral covered by the prospecting permit;
(2) The applicant did not submit requested information in a timely
manner; or
(3) The applicant did not otherwise comply with the requirements of
this subpart.
(b) The applicant has a right to a hearing before an administrative
law judge in accordance with parts 4 and 1840 of this title if the
applicant has alleged facts in the application that are sufficient to
show an entitlement to a lease.
(c) At the hearing, the applicant will have both the burden of
going forward and the burden of proof to show, by a preponderance of
the evidence, that a valuable deposit of the mineral(s) was discovered.
PART 3590--SOLID MINERALS (OTHER THAN COAL) EXPLORATION AND MINING
OPERATIONS
146. The authority citation for part 3590 is revised to read as
follows:
Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 42 U.S.C.
4331 et seq.; 43 U.S.C. 1701 et seq.; 30 U.S.C. 192c; 16 U.S.C.
508(b); 30 U.S.C. 291-293; 47 Stat. 1487; 43 U.S.C. 387; 16 U.S.C.
460n et seq.; 16 U.S.C. 90c et seq.; 16 U.S.C. 460dd et seq.; 16
U.S.C. 460mm-2--460mm-4; 31 U.S.C. 9701; 95 Stat. 1070; 35 Stat.
315; 95 Stat. 1070; 25 U.S.C. 396; 25 U.S.C. 396a-396q; 25 U.S.C.
2101 et seq.
147. In Sec. 3598.4, paragraph (c) is revised to read as follows:
Sec. 3598.4 Enforcement orders.
* * * * *
(c) If, in BLM's judgment, a failure to comply with established
requirements threatens health, safety, or the environment, BLM may, in
writing or orally with written confirmation, order
[[Page 54139]]
the suspension of operations without prior notice in accordance with
Sec. 1844.11(c) of this title.
148. Section 3598.5 is revised to read as follows:
Sec. 3598.5 Appeals.
Any party adversely affected by an order or decision made under
this part may appeal the order or decision in accordance with parts 4
and 1840 of this title.
PART 3710--PUBLIC LAW 167; ACT OF JULY 1955
149. An authority citation for part 3710 is added to read as
follows:
Authority: 30 U.S.C. 601; 61 Stat. 681.
150. Section 3713.1 is revised to read as follows:
Sec. 3713.1 Hearing procedures.
The procedures to be followed for hearings and appeals are set
forth in parts 4 and 1840 of this title.
151. In Sec. 3715.7-1, paragraph (a)(1)(ii) is revised to read as
follows:
Sec. 3715.7-1 What types of enforcement action can BLM take if I do
not meet the requirements of this subpart?
* * * * *
(a) * * *
(1) * * *
(ii) an immediate, temporary suspension in accordance with
1844.11(c) of this title is necessary to protect health, safety, or the
environment.
* * * * *
152. Section 3715.9 is revised to read as follows:
Sec. 3715.9 What appeal rights do I have?
If you are adversely affected by a BLM decision, order, or
determination made under this subpart, you may appeal the decision,
order or determination in accordance with parts 4 and 1840 of this
title.
153. Section 3715.9-1 is revised to read as follows:
Sec. 3715.9-1 Does an appeal suspend a BLM decision?
(a) An immediate, temporary suspension issued under Sec. 3715.7-
1(a) will go into effect immediately and will, in accordance with part
1840 of this title, remain in effect while an appeal is pending unless
a stay is granted in accordance with Sec. 4.21(b) of this title.
(b) The effect of all other decisions, orders, or determinations
under this subpart will be stayed in accordance with part 1840 of this
title.
PART 3730--PUBLIC LAW 359; MINING IN POWERSITE WITHDRAWALS: GENERAL
154. The authority citation for part 3730 continues to read as
follows:
Authority: 69 Stat. 681, 30 U.S.C. 621-625; 43 U.S.C. 1701 et
seq.; 43 U.S.C. 28f-k; 107 Stat. 405.
155. Section 3736.2 is revised to read as follows:
Sec. 3736.2 Hearing; notice of contest.
(a) If a hearing is to be held, notice of the hearing will be
delivered personally or by registered mail or certified mail to the
locator of the placer claim. The notice will give the time and place of
hearing. The procedures to be followed for the hearing are set forth in
parts 4 and 1840 of this title. No publication of the notice will be
required but a copy of the notice must be posted in the BLM State and
District offices for a period of not less than 30 days before the date
set for the hearing.
(b) Any party, other than a Federal agency, who would like to
appear and testify at a hearing in protest of a placer mining
operation, must file a written notice of protest in the proper offices
where the notice of hearing is posted. The notice of protest must be
accompanied by a $10 filing fee and contain the party's name and
address and a statement showing the nature of the party's interest in
the use of the lands embraced within the mining claim. Each notice of
protest must be filed within the period of time specified in the notice
of hearing. BLM will forward a copy of each notice of protest that is
filed to the mining locator prior to the hearing.
(c) Following the hearing, any party adversely affected by a
decision of the administrative law judge may appeal the decision in
accordance with part 4 of this title. Each decision by an
administrative law judge and each decision on an appeal will provide
for the issuance of an appropriate order as provided in section 2(b) of
the Act after the decision becomes final. A certified copy of any order
issued must be filed in the same State or county office in which the
location notice has been filed. Any order permitting mining operations
must be filed at the expense of the mining locator.
PART 3740--PUBLIC LAW 585; MULTIPLE MINERAL DEVELOPMENT
156. An authority citation for part 3740 is added to read as
follows:
Authority: 30 U.S.C. 521; 68 Stat. 708.
157. Section 3743.1 is revised to read as follows:
Sec. 3743.1 Hearing procedures.
The procedures to be followed for hearings and appeals are set
forth in parts 4 and 1840 of this title.
PART 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS
158. The authority citation for part 3800 continues 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 and 1907; 30 U.S.C. 22
et seq.; 30 U.S.C. 122, 161 and 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 and 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.
159. Section 3802.5 is revised to read as follows:
Sec. 3802.5 Appeals.
(a) Any party adversely affected by a decision made under this
subpart may appeal the decision in accordance with parts 4 and 1840 of
this title.
(b) In any case involving lands under the jurisdiction of any
agency or office other than BLM, if a party appeals a decision of that
agency or office which relates to mineral development in a wilderness
study area, the appellant must serve the other agency or office with a
copy of the notice of appeal and any statement of reasons, written
arguments, and briefs.
160. Section 3809.4 is revised to read as follows:
Sec. 3809.4 Appeals.
(a) Any party adversely affected by a decision made under this
subpart may appeal the decision in accordance with parts 4 and 1840 of
this title.
(b) In order for an appeal of a decision made under this subpart to
be considered, a notice of appeal must be filed in writing with the BLM
office where the decision was made within 30 days after the date of
receipt of the decision. All decisions under this subpart will go into
effect immediately and will remain in effect while appeals are pending
unless a stay is granted in accordance with Sec. 4.21(b) of this title.
(c) The written appeal must contain:
(1) The name and mailing address of the appellant;
(2) When applicable, the name of the mining claim(s) and serial
number(s) assigned to the mining claims recorded in accordance with
subpart 3833 of this title which are subject to the appeal; and
(3) A statement of the reasons for the appeal and any arguments the
appellant wishes to present which would justify reversal or
modification of the decision.
[[Page 54140]]
PART 3810--LANDS AND MINERALS SUBJECT TO LOCATION
161. The citation for the authority for part 3810 continues to read
as follows:
Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 1201 and 1740.
162. Section 3816.3 is revised to read as follows:
Sec. 3816.3 Recommendations of Bureau of Reclamation to open lands.
If BLM receives an application and finds it to be satisfactory, BLM
will send the duplicate to the Bureau of Reclamation and request a
report and recommendation. If the Bureau of Reclamation recommends that
the application be rejected, BLM will reject the application. Any party
adversely affected by the rejection decision may appeal the decision in
accordance with parts 4 and 1840 of this title.
PART 3830--LOCATION OF MINING CLAIMS
163. The authority citation for part 3830 continues 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 and 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.
164. Section 3833.5 is amended by revising paragraphs (d) and (h)
to read as follows:
Sec. 3833.5 Effect of recording and filing.
* * * * *
(d) In the case of any action or contest initiated by the United
States affecting an unpatented mining claim, mill, or tunnel site, only
those owners who have recorded their claim or site under Sec. 3833.1-2
or filed a notice of transfer of interest under Sec. 3833.3 will be
considered by the United States as parties whose rights are affected by
the action or contest and will be personally notified and served by
certified mail sent to their last address of record. As provided in
subpart 1810 of this title, all owners of record with BLM will be
personally notified and served by certified mail, return receipt
requested, sent to their last address of record. Such owners will be
deemed to have been served if the certified mail was delivered to that
address of record, regardless of whether the certified mail was in fact
received by them. The notice provisions of this subpart are not
applicable to the procedures for public notice of a mineral patent
application required under part 3860 of this title.
* * * * *
(h) Any party adversely affected by a decision of BLM made under
this subpart may appeal the decision in accordance with parts 4 and
1840 of this title.
PART 3870--ADVERSE CLAIMS, PROTESTS AND CONFLICTS
165. An authority citation for part 3870 is added to read as
follows:
Authority: 30 U.S.C. 22 et seq., 43 U.S.C. 1740 et seq., 43
U.S.C. 1201 et seq.
166. In Sec. 3872.1, the first sentence of paragraph (a) is revised
to read as follows:
Sec. 3872.1 Protest against mineral applications.
(a) At any time prior to the issuance of patent, a protest may be
filed in accordance with parts 4 and 1840 of this title against the
patenting of the claim as applied for, upon any ground tending to show
that the applicant has failed to comply with the law in any matter
essential to a valid entry under the patent proceedings. * * *
167. Section 3872.2 is revised to read as follows:
Sec. 3872.2 Procedure in contest cases.
The procedures to be followed in all contests and hearings to
determine the character of lands are in parts 4 and 1840 of this title.
168. In Sec. 3872.4 paragraph (c) is revised to read as follows:
Sec. 3872.4 Procedure to dispute record character of land.
* * * * *
(c) Where as against the claimed right to enter such lands as
agricultural it is alleged that the same are mineral, or are applied
for as mineral lands, the proceedings in this class of cases will be in
the nature of a contest, and will be conducted in accordance with parts
4 and 1840 of this title.
PART 4200--GRAZING ADMINISTRATION; ALASKA; LIVESTOCK
169. The authority citation for part 4200 is revised to read as
follows:
Authority: 25 U.S.C. 500k; 43 U.S.C. 1740.
170. Section 4240.1 is revised to read as follows:
Sec. 4240.1 Protests.
Protests against an application for a lease must be filed with the
appropriate BLM office in accordance with parts 4 and 1840 of this
title. A protest must disclose all facts upon which it is based,
describe the lands involved, and be accompanied by evidence of service
of a copy of the protest on the applicant. If the person filing the
protest wants to lease all or part of the land embraced in the
application against which the protest is filed, the protest must be
accompanied by an application for a grazing lease.
PART 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER
171. The authority citation for part 4300 is revised to read as
follows:
Authority: 43 U.S.C. 315; 43 U.S.C. 1740.
172. Section 4330.1 is revised to read as follows:
Sec. 4330.1 Protests.
Protests against an application for a grazing permit must be filed
with the appropriate BLM office in accordance with parts 4 and 1840 of
this title. The protest must disclose all facts upon which it is based,
describe the lands involved, and be accompanied by evidence of service
of a copy of the protest upon the applicant. If the person filing the
protest wants to obtain a grazing permit for all or part of the land
embraced in the application against which the protest is filed, the
protest must be accompanied by an application for a grazing permit.
PART 4700--PROTECTION, MANAGEMENT, AND CONTROL OF WILD FREE-ROAMING
HORSES AND BURROS
173. The authority citation for part 4700 continues to read as
follows:
Authority: 16 U.S.C. 1331-1340; 18 U.S.C. 47; 43 U.S.C. 315 and
1740.
174. Section 4770.3 is revised to read as follows:
Sec. 4770.3 Administrative remedies.
(a) Any party who is adversely affected by a decision of BLM made
under this part may appeal the decision in accordance with parts 4 and
1840 of this title. Appeals and petitions for stay of a decision of BLM
must be filed within 30 days of receipt of the decision by the
adversely affected party.
(b) Notwithstanding the provisions of Sec. 4.21(a) of this title,
BLM may provide that the decision to cancel a private maintenance and
care agreement will be effective upon issuance or on a date established
in the decision so as to allow repossession of wild horses or burros
from adopters to protect the animals' welfare.
(c) Notwithstanding the provisions of Sec. 4.21(a) of this title,
BLM may provide that decisions to remove wild horses or burros from
public or private lands in situations where removal is required by
applicable law or is necessary to preserve or maintain a thriving
[[Page 54141]]
ecological balance and multiple use relationship will be effective upon
issuance or on a date established in the decision.
PART 5000--ADMINISTRATION OF FOREST MANAGEMENT DECISIONS
175. The authority citation for part 5000 is revised to read as
follows:
Authority: 43 U.S.C. 1181(a); 30 U.S.C. 601 et seq.; 43 U.S.C.
1740.
176. Section 5003.1 is revised to read as follows:
Sec. 5003.1 Effect of decisions; general.
The filing of an appeal in accordance with parts 4 and 1840 of this
title will not automatically stay the effect of a decision governing or
relating to forest management made under Secs. 5003.2 and 5003.3.
177. Section 5003.3 is revised to read as follows:
Sec. 5003.3 Protests.
(a) Protests of a forest management decision, including advertised
timber sales, must be made in accordance with parts 4 and 1840 of this
title within 15 days of the publication of a notice of decision or
notice of sale in a newspaper of general circulation.
(b) Protests must be filed with BLM and must contain a written
statement of reasons for protesting the decision.
(c) Protests received more than 15 days after the publication of
the notice of decision or the notice of sale are not timely filed and
will not be considered.
(d) Upon timely filing of a protest, BLM will reconsider the
decision to be implemented in light of the statement of reasons for the
protest and other pertinent information available to BLM.
(e) At the conclusion of the review, BLM will provide the
protesting party with a copy of the written decision.
(f) Upon denial of a protest filed under paragraph (a) of this
section, BLM may proceed with implementation of the decision.
PART 5470--CONTRACT MODIFICATION--EXTENSION--ASSIGNMENT
178. The authority citation for part 5470 continues to read as
follows:
Authority: 30 U.S.C. 601 et seq., 43 U.S.C. 1181e.
179. Section 5475.7 is amended by revising paragraph (a) to read as
follows:
Sec. 5475.7 Protests and appeals.
(a) Any appeal filed prior to the execution of a buy-out agreement
must be in accordance with the provisions of parts 4 and 1840 of this
title.
PART 5510--FREE USE OF TIMBER
180. The authority citation for part 5510 is revised to read as
follows:
Authority: 61 Stat. 681; 69 Stat. 367; 48 Stat. 1269; 30 Stat.
414; 30 U.S.C. 189 and 601 et seq.; 43 U.S.C. 315, 1201 and 1740;
and 48 U.S.C. 423.
181. In Sec. 5511.1-4, paragraphs (a)(2) and (a)(4) are revised to
read as follows:
Sec. 5511.1-4 Free use of timber upon oil and gas leases.
(a) * * *
(2) Notice of rejection of application; right of appeal. The
applicant will be notified by registered mail if the permit applied for
is not granted. The applicant is allowed 30 days from service of notice
within which to appeal from the decision in accordance with parts 4 and
1840 of this title.
* * * * *
(4) Notice of action on application. The applicant will be notified
by registered mail if the permit applied for is not granted. The
settler or homestead entryman will be notified in a like manner before
the issuance of the permit if protests are filed in accordance with
parts 4 and 1840 of this title against the issuance of the permit.
PART 8370--USE AUTHORIZATIONS
182. The authority citation for part 8370 continues to read as
follows:
Authority: 16 U.S.C. 460l-6a, 16 U.S.C. 670(g-n), 16 U.S.C.
1271-1287, 6 U.S.C. 1241-1249, 43 U.S.C. 1201, 43 U.S.C. 1701 et
seq.
183. Section 8372.6 is revised to read as follows:
Sec. 8372.6 Appeals.
(a) Any party adversely affected by a decision of BLM made under
this part may appeal the decision in accordance with parts 4 and 1840
of this title.
(b) All decisions of BLM made under this part will go into effect
immediately and will remain in effect while appeals are pending unless
a stay is granted in accordance with Sec. 4.21(b) of this title.
PART 9180--CADASTRAL SURVEY
184. The authority citation for part 9180 continues to read as
follows:
Authority: R.S. 2478; 43 U.S.C. 1201; 40 Stat. 965, as amended;
and 43 U.S.C. 773.
185. In Sec. 9185.2-2, paragraph (b) is revised to read as follows:
Sec. 9185.2-2 Lands omitted from original survey.
* * * * *
(b) Form of notice. No particular form of notice is required. The
notice must make it clear, however, that the land covered by the
application is contended to be public land owned by the United States
and subject to survey and administration as such, and that any protest
against the proposed survey should be filed with the appropriate State
Director in accordance with parts 4 and 1840 of this title. It must be
shown what particular surveyed lands opposite the island, or adjoining
the unsurveyed land, are owned by the adjacent land owner on whom the
notice is served.
186. Section 9185.3-3 is revised to read as follows:
Sec. 9185.3-3 Majority of land owners.
A majority of the settlers in each township are required to join in
the application, and the endorsements of the entrymen and owners,
including the State, whose holdings represent the major part of the
area entered or patented must appear, with a description opposite each
name of the lands actually occupied, entered, or owned, and a statement
as to whether the applicant is a settler, entryman, or owner thereof.
If an entryman or owner, including the State, has failed for any reason
to join in the application, evidence of service of notice upon the
entryman or owner is required. Notice must be given for at least 30
days in advance of the filing of the application in order that the
entryman or owner may be afforded ample opportunity to protest in
accordance with parts 4 and 1840 of this title against the granting of
the resurvey.
PART 9230--TRESPASS
187. The authority citation for part 9230 continues to read as
follows:
Authority: R.S. 2478; 43 U.S.C. 1201; 43 U.S.C. 1701 et seq.; 18
U.S.C. 1851-1858.
188. In Sec. 9239.5-3, paragraph (f)(3) is revised to read as
follows:
Sec. 9239.5-3 Coal.
* * * * *
(f) * * *
(3) No penalty under this section may be assessed unless the person
is given notice and an opportunity for a hearing with respect to the
violation in accordance with parts 4 and 1840 of this title.
[FR Doc. 96-26397 Filed 10-16-96; 8:45 am]
BILLING CODE 4310-84-P