[Federal Register Volume 62, Number 190 (Wednesday, October 1, 1997)]
[Proposed Rules]
[Pages 51402-51406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26006]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 1820
[WO-350-1430-00-24 1A]
RIN 1004-AC83
Application Procedures
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Land Management (BLM) proposes to revise 43 CFR
part 1820, which addresses general application procedures, to
streamline, modernize and clarify the existing provisions, and remove
obsolete and unnecessary requirements. The proposed rule describes how
to file an application or other documents with BLM; provides guidance
on how BLM determines priority for applications filed simultaneously;
and contains procedures for payments and refunds, and requirements for
publication and posting of notices.
DATES: Comments: Any comments must be received by BLM at the address
below by December 1, 1997. BLM will not necessarily consider any
comments received after the above date during its decisionmaking on the
proposed rule.
ADDRESSES: If you wish to comment, you may submit your comments by any
one of several methods. You may mail comments to Bureau of Land
Management, Administrative Record, Room 401LS,1849 C Street, NW,
Washington, D.C. 20240. You may also comment via the internet to
WOC[email protected]. Please submit comments as an ASCII file avoiding
the use of special characters and any form of encryption. Please also
include ``attn: AC 83'''' and your name and return address in your
message. If you do not receive a confirmation from the system that we
have received your internet message, contact us directly at (202) 452-
5030.
Finally, you may hand-deliver comments to BLM at 1620 L Street, NW,
Room 401, Washington, D.C. Comments, including names and street
addresses of respondents, will be available for public review at this
address during regular business hours, 7:45 a.m. to 4:15 p.m., Monday
through Friday, except holidays. Individual respondents may request
confidentiality, which BLM will consider on a case-by-case basis. If
you wish to request that BLM consider withholding your name or street
address from public review or from disclosure under the Freedom of
Information Act, you must state this prominently at the beginning of
your comment. All submissions from organizations or businesses, and
from individuals identifying themselves as representatives or officials
of organizations or businesses, will be made available for public
inspection in their entirety.
FOR FURTHER INFORMATION CONTACT: Mary Linda Ponticelli, Telephone:
(202) 452-0364, or Frances Watson, Telephone: (202) 452-5006
(Commercial or FTS).
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters
I. Public Comment Procedures
Written Comments
Written comments on the proposed rule should be specific, should be
confined to issues pertinent to the proposed rule, and should explain
the reason for any recommended change. Where possible, comments should
reference the specific section or paragraph of the proposal which the
commenter is addressing. BLM may not necessarily consider or include in
the Administrative Record for the final rule comments which BLM
receives after the close of the comment period (see DATES) or comments
delivered to an address other than those listed above (see ADDRESSES).
II. Background
Since public land records contain the basic land title information
for over two-thirds of the nation's real property, BLM places great
importance on providing standardized methods for processing
applications for public lands to ensure that BLM processes all
applications received in an equitable and efficient manner. When the
public lands were open to settlement under various laws, BLM
established specific procedures for filing each type of application
pertaining to land use authorizations. Despite the existence of
detailed application procedures for specific BLM programs, BLM
recognized the need to have general procedures applicable to all BLM
land use authorization programs addressed in a centralized location in
the Code of Federal Regulations. Although there may be certain
variances among application procedures for specific land use
authorizations, for example, filing fees, the general procedures
covered in these regulations have assisted BLM in determining priority
among those applications (sometimes numbering in the thousands)
competing for the same claim or parcel.
These general procedural regulations continue to serve important
functions, such as informing members of the public of proposed BLM
actions or decisions through publication and posting of notices. Thus,
there is still a need for general procedural direction to ensure
consistency in processing documents and uniformity in treatment of all
BLM's customers.
III. Discussion of Proposed Rule
This proposed rule, which would revise the application procedures
at 43 CFR part 1820, provides general information on how to file
documents with BLM, such as applications for various BLM resource
programs. The proposed rule will continue to provide addresses and
geographical areas of jurisdiction of BLM State Offices, as well as
standardized requirements for such things as application procedures,
filing times and locations for filing. This proposed rule also contains
guidance as
[[Page 51403]]
to how BLM determines ``first in line'' priority for applications filed
simultaneously; procedures for payments and refunds; and requirements
for posting and publication of notices.
Many of the changes in the proposed rule would have no substantive
effect on the current regulatory framework, but rather merely rewrite
the existing provisions in Plain English, and rename and renumber
subparts and sections. To keep the focus of the regulations on general
application procedures, we have removed certain regulatory provisions
that pertain to specific BLM resource programs, for example, section
1821.5-3 (mining claims), as these provisions are addressed in program-
specific regulations found in other parts and subparts of this title.
(See 43 CFR 3862.1-1(c).)
The proposed rule also would remove subpart 1823 (Proofs and
Testimony) and subpart 1826 (Reinstatement of Cancelled Entries) in
their entirety, as their applicability is now limited to desert land
entries and pertinent provisions are addressed in part 2520 of this
title, Desert Land Entries. Many procedural requirements that are no
longer applicable would also be removed, e.g., requirements addressed
in section 1821.6, pertaining to time constraints for applications
filed in BLM offices in Alaska; and requirements addressed in section
1822.3 (Act of June 16, 1880), pertaining to homesteads. Existing
subpart 1822 (Payments and Repayments) would be renamed Payments and
Refunds and redesignated subpart 1823, and a new subpart 1822 would be
added. We have changed the general rule in Sec. 1821.5 that
applications relating to lands in more than one land district must be
filed in each office having jurisdiction over the lands. Instead,
proposed Sec. 1822.16 would provide that the application could be filed
with any BLM State Office having jurisdiction over the lands. This
proposed change adopts as the general rule the practice now followed
for right-of-way grants, as provided in 43 CFR 2802.2-1(d). We
specifically invite comment on this change.
With respect to requests for refunds filed by heirs, executors,
administrators, assignees, and mortgagees, we are removing from
redesignated subpart 1823 listings of detailed information that adverse
claimants may submit for refunds. Very rarely does BLM receive a
request for a refund from anyone other than an applicant and,
therefore, it is counterproductive to BLM's efforts to streamline and
to clarify its regulations to list all the various types of
documentation that third parties can file with BLM as proof of
entitlement for a refund. Upon request, BLM offices will provide
information regarding appropriate documentation. We have deleted
details of publishing a notice from subpart 1824, as those details are
addressed in program-specific regulations. (See, for example, 43 CFR
2541.5(a).) We have also deleted the specific requirements in
Sec. 1824.1-1 regarding qualifications of newspapers in which notices
are published.
The more notable substantive changes include proposed section
1822.13, which would allow certain applications that do not require an
original signature to be filed electronically, and redesignated section
1823.10, which would provide that BLM now accept payments by Visa or
Master Card in addition to more traditionally accepted forms of
payment.
The most significant change is the conversion to Plain English, a
process that BLM believes will significantly clarify what an applicant
must do to complete a successful application. By making its procedures
streamlined, modern and easier to understand, BLM can improve its
relationship with its customers and use its resources more efficiently.
The conversion of part 1820 is, therefore, a key step in BLM's overall
regulatory reform effort.
These general regulations are supplemented by specific BLM program
regulations. If there is a conflict, the specific program regulations
will govern.
IV. Procedural Matters
National Environmental Policy Act
BLM has prepared an environmental assessment (EA), and has found
that the proposed rule would not constitute a major Federal action
significantly affecting the quality of the human environment under
Section 102(2)(C) of the National Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4332(2)(C). BLM has placed the EA and the Finding of
No Significant Impact (FONSI) on file in the BLM Administrative Record
at the address specified previously. BLM invites the public to review
these documents by contacting us at the addresses listed above (see
ADDRESSES), and suggests that anyone wishing to submit comments in
response to the EA and FONSI do so in accordance with the Written
Comments section above, or contact us directly.
Paperwork Reduction Act
This rule does not contain information collection requirements that
the Office of Management and Budget must approve under the Paperwork
Reduction Act of 1995, 44 U.S.C. Sec. 3501 et seq.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 5
U.S.C. 601 et seq., to ensure that Government regulations do not
unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. Based on the discussion contained
in this preamble above--that the proposed rule would merely convert
text to Plain English, update existing provisions, and abolish
unnecessary requirements--BLM anticipates that this proposed rule will
have no significant impact on the public at large. Therefore, BLM has
determined under the RFA that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act
Revising 43 CFR 1820 will not result in any unfunded mandate to
State, local, or tribal governments in the aggregate, or to the private
sector, of $100 million or more in any one year.
Executive Order 12612
The proposed rule will 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
various levels of government. Therefore, in accordance with Executive
Order 12612, BLM has determined that this proposed rule does not have
sufficient federalism implications to warrant preparation of a
Federalism Assessment.
Executive Order 12630
The proposed rule does not represent a government action capable of
interfering with constitutionally protected property rights. Section
2(a)(1) of Executive Order 12630 specifically exempts actions
abolishing regulations or modifying regulations in a way that lessens
interference with private property use from the definition of
``policies that have takings implications.'' Since the primary function
of the rule is the conversion to Plain English and to abolish
unnecessary regulatory provisions, there will be no private property
rights impaired as a result. Therefore, the Department of the Interior
has determined that the rule would not cause a taking of private
property or
[[Page 51404]]
require further discussion of takings implications under this Executive
Order.
Executive Order 12866
According to the criteria listed in section 3(f) of Executive Order
12866, BLM has determined that the proposed rule is not a significant
regulatory action. As such, the rule is not subject to Office of
Management and Budget review under section 6(a)(3) of the order.
Executive Order 12988
The Department of the Interior has determined that this rule meets
the applicable standards provided in sections 3(a) and 3(b)(2) of
Executive Order 12988.
Author
The principal author of this rule is Mary Linda Ponticelli,
Planning Assessment, and Community Support Group, Telephone: 202-452-
0364 (Commercial or FTS), assisted by Frances Watson, Regulatory
Affairs Group, Telephone: 202-452-5006, and Ted Bingham of the Arizona
State Office.
List of Subjects in 43 CFR Part 1820
Administrative practice and procedure; Archives and records; Public
lands.
Dated: September 25, 1997.
Sylvia V. Baca,
Deputy Assistant Secretary--Land and Minerals Management.
Accordingly, BLM proposes to revise Part 1820 of Group 1800,
subchapter A, chapter II of Title 43 of the Code of Federal Regulations
as set forth below:
PART 1820--APPLICATION PROCEDURES
Subpart 1821--General Information
1821.10 Where are BLM offices located?
1821.11 During what hours may I file an application?
1821.12 Are these the only regulations that will apply to my
application or other required document?
Subpart 1822--Filing a Document With BLM
1822.10 How should my name appear on applications and other
required documents that I submit to BLM?
1822.11 What must I do to make an official filing with BLM?
1822.12 Where do I file my application or other required documents?
1822.13 May I file electronically?
1822.14 What if I try to file a required document on the last day
of the stated period for filing, but the BLM office where it is to
be filed is officially closed all day?
1822.15 If I miss filing a required document or payment within the
specified period, can BLM consider it timely filed anyway?
1822.16 Where do I file an application that involves lands under
the jurisdiction of more than one BLM State Office?
1822.17 When are documents considered filed simultaneously?
1822.18 How does BLM decide in which order to accept documents that
are simultaneously filed?
Subpart 1823--Payments and Refunds
1823.10 How may I make my payments to BLM?
1823.11 What is the authority for BLM issuing a refund of payment?
1823.12 When and how may I obtain a refund?
1823.13 Is additional documentation needed when a third party
requests a refund?
Subpart 1824--Publication and Posting Notices
1824.10 What is a publication?
1824.11 What does it mean to post a notice?
1824.12 Why must I post a notice?
1824.13 If I must post a notice on the land, what are the
requirements?
1824.14 How does BLM choose a newspaper in which to publish a
notice?
1824.15 How many times must BLM publish a notice?
1824.16 Who pays for publication?
1824.17 Does the claimant or applicant pay for an error by the
printer of the paper in which the notice appears?
Subpart 1825--Relinquishments
1825.10 If I relinquish my interest (such as a claim or lease) in
public land, am I relieved of all further responsibility associated
with that interest?
1825.11 When are relinquishments effective?
1825.12 When does relinquished land become available again for
other application or appropriation?
Authority: 5 U.S.C. 552, 43 U.S.C. 2, 1201, 1733, and 1740.
Subpart 1821--General Information
Sec. 1821.10 Where are BLM offices located?
(a) In addition to the national Headquarters Office in Washington,
D.C. and five specialty centers, BLM operates 12 State Offices, each
having several subsidiary offices called District Offices and Resource
Area Offices. The addresses of the State Offices and their respective
geographical areas of jurisdiction are as follows:
State Offices and Areas of Jurisdiction:
Alaska State Office, 222 West 7th Avenue, #13, Anchorage, AK 99513-
7599--ALASKA
Arizona State Office, 3707 North 7th Street, Phoenix, AZ 85014-5080;
Mail: P.O. Box 16563, Phoenix, AZ 85011-6563--ARIZONA
California State Office, 2135 Butano Drive, Sacramento, CA 95825--
CALIFORNIA
Colorado State Office, 2850 Youngfield Street, Lakewood, CO 80215-
7076--COLORADO
Eastern States Office, 7450 Boston Boulevard, Springfield, VA
22153--ARKANSAS, IOWA, LOUISIANA, MINNESOTA, MISSOURI, AND ALL
STATES EAST OF THE MISSISSIPPI RIVER
Idaho State Office, 3380 Americana Terrace, Boise, ID 83706-2500--
IDAHO
Montana State Office, Granite Tower, 222 North 32nd Street,
Billings, MT 59101; Mail: P.O. Box 36800, Billings, MT 59107-6800--
MONTANA, NORTH DAKOTA AND SOUTH DAKOTA
Nevada State Office, 850 Harvard Way, P.O. Box 12000, Reno, NV
89520-0006--NEVADA
New Mexico State Office, 1474 Rodeo Drive, Santa Fe, NM 87505; Mail:
P.O. Box 27115, Santa Fe, NM 87502-0115--KANSAS, NEW MEXICO,
OKLAHOMA AND TEXAS
Oregon State Office, 1515 S.W. 5th Avenue, P.O. Box 2965, Portland,
OR 97208-2965--OREGON AND WASHINGTON
Utah State Office, CFS Financial Center, 324 South State Street,
Salt Lake City, UT 84111-2303 Mail: P.O. Box 45155, Salt Lake City,
UT 84145-0155--UTAH
Wyoming State Office, 5353 Yellowstone Road, Cheyenne, WY 82003;
Mail: P.O. Box 1828, Cheyenne, WY 82003--WYOMING AND NEBRASKA
(b) A list of the names, addresses and geographical areas of
jurisdiction of all District and Resource Area Offices of the Bureau of
Land Management can be obtained at these addresses or any office of the
Bureau of Land Management, including the Washington Office, Bureau of
Land Management, 1849 C Street, NW., Washington, DC 20240.
Sec. 1821.11 During what hours may I file an application?
You may file applications or other documents or inspect official
records during BLM office hours. Each BLM office will prominently
display a notice of the hours during which that particular office will
be open. Except for offices which are open periodically, for example,
every Wednesday or the 3rd Wednesday of the month, all offices will be
open Monday through Friday, excluding national holidays, at least from
9 a.m. to 3 p.m., local time.
Sec. 1821.12 Are these the only regulations that will apply to my
application or other required document?
No. The regulations in this part are supplemented by specific
program regulations. If there is a conflict, the specific program
regulations will govern.
[[Page 51405]]
Subpart 1822--Filing a Document With BLM
Sec. 1822.10 How should my name appear on applications and other
required documents that I submit to BLM?
Your full name should appear on your application and other required
documents.
Sec. 1822.11 What must I do to make an official filing with BLM?
You must file your application and any other required documents
during regular office hours at the appropriate BLM office having
jurisdiction over the lands or records involved. You must file any
document with BLM through personal delivery or by mailing via the
United States Postal Service or other delivery service, except for
those applications that may be filed electronically under Sec. 1822.13,
or unless a more specific regulation or law specifies the mode of
delivery. The date of mailing is not the date of filing.
Sec. 1822.12 Where do I file my application or other required
documents?
You should file your application or other required documents at the
BLM office having jurisdiction over the lands or records involved. The
specific BLM office (such as a State Office or District Office) where
you are to file your application is usually referenced in the BLM
regulations which pertain to the filing you are making. If the
regulations do not name the specific office, or if you have questions
as to where you should file your application or other required
documents, you should contact your local BLM office for information.
Sec. 1822.13 May I file electronically?
For certain types of applications BLM will accept your electronic
filing if an original signature is not required. If BLM requires your
signature, you must file your application or document by personal
delivery or by mailing. If you have any questions regarding which types
of applications can be electronically filed, you should check with the
BLM office where you intend to file your application.
Sec. 1822.14 What if I try to file a required document on the last day
of the stated period for filing, but the BLM office where it is to be
filed is officially closed all day?
BLM considers the document timely filed if we receive it in the
office on the next day it is officially open.
Sec. 1822.15 If I miss filing a required document or payment within
the specified period, can BLM consider it timely filed anyway?
BLM can consider it timely filed if:
(a) The law permits BLM to do so;
(b) No intervening third party interests or rights have been
created or established during the intervening period; and
(c) BLM decides filing after the specified period would not
interfere with the orderly conduct of business.
Sec. 1822.16 Where do I file an application that involves lands under
the jurisdiction of more than one BLM State Office?
You may file your application with any BLM State Office having
jurisdiction over the subject lands. You should consult the regulations
of the particular BLM resource program involved for more specific
information.
Sec. 1822.17 When are documents considered filed simultaneously?
(a) BLM considers two or more documents simultaneously filed when:
(1) They are received at the appropriate BLM office at the same
time; or
(2) They are filed in conjunction with an order that specifies that
documents received by the appropriate office during a specified period
of time will be considered as simultaneously filed.
(b) An application or document that arrives at the BLM office where
it is to be filed when the office is closed for the entire day will be
considered as filed on the day and hour the office next officially
opens.
(c) Nothing in this section will deny any preference right granted
by applicable law or regulation or validate a document which is invalid
under applicable law or regulation.
Sec. 1822.18 How does BLM decide in which order to accept documents
that are simultaneously filed?
BLM makes this decision by a drawing open to public view.
Subpart 1823--Payments and Refunds
Sec. 1823.10 How may I make my payments to BLM?
(a) Unless specific regulations provide otherwise, you may pay by:
(1) United States currency; or
(2) Checks, money orders, or bank drafts made payable to the Bureau
of Land Management; or
(3) Visa or Master Card credit charge, except as specified by
pertinent regulation(s).
(b) You are responsible for BLM's costs of collecting payment if
insufficient funds back your form of payment and cause BLM to institute
collection procedures.
1823.11 What is the authority for BLM issuing a refund of a payment?
BLM can issue you a refund under the authority of Section 304(c) of
the Federal Land Policy and Management Act, 43 U.S.C. 1734.
Sec. 1823.12 When and how may I obtain a refund?
(a) In making a payment to BLM, if the funds or fees you submitted
to BLM exceed the amount required or if the regulations in this part
provide that fees submitted to BLM must be returned in certain
situations, you may be entitled to a full or partial refund.
(b) If you believe you are due a refund, you may request it from
the BLM office where you previously submitted your payment. You should
state the reasons why you believe you are entitled to a refund and
include a copy of the appropriate receipt, canceled check, or other
relevant documents.
Sec. 1823.13 Is additional documentation needed when a third party
requests a refund?
Yes. When refund requests are made by heirs, executors,
administrators, assignees, or mortgagees, BLM may require additional
documentation to establish entitlement to a refund. If you are an heir,
executor, administrator, assignee or mortgagee, you should contact the
BLM office where you will file your refund application for information
regarding appropriate documentation.
Subpart 1824--Publication and Posting of Notices
Sec. 1824.10 What is publication?
Publication means publishing a notice announcing an occurrence or a
proposed action in the Federal Register, a local newspaper of
established character and general circulation in the vicinity of the
land affected or other appropriate periodical. BLM's purpose in
publishing or causing the publication of such information is to advise
you and other interested parties that some action will occur and that
the public is invited either to participate or to comment.
Sec. 1824.11 What does it mean to post a notice?
Posting a notice is similar to publishing a notice except that the
notice is displayed at the appropriate BLM office, local courthouse or
similar prominent local government building or on a prominent fixture
such as a building, tree or post located on the particular public lands
involved.
Sec. 1824.12 Why must I post a notice?
The posting of a notice informs those persons who may be interested
in the lands or resources described, who have
[[Page 51406]]
valid information to provide, or who may wish to oppose the proposal.
Sec. 1824.13 If I must post a notice on the land, what are the
requirements?
The posted notice must be visible throughout the time period for
posting specified in the regulations governing the relevant program.
BLM or its regulations may require additional posting, such as in a
post office or city hall. For any additional posting requirements, you
should see applicable Federal and State law, the regulations of the
particular BLM resource program and any additional BLM requirements
associated with your application.
Sec. 1824.14 How does BLM choose a newspaper in which to publish a
notice?
BLM bases its choice of newspapers on their reputation and
frequency and level of circulation in the vicinity of the public lands
involved.
Sec. 1824.15 How many times must BLM publish a notice?
The number of times that BLM will publish or cause to be published
a notice depends on the publication requirements for the particular
action involved. You should see the applicable law and the regulations
governing specific BLM resource programs for information on the
requirements for publication for a particular action.
Sec. 1824.16 Who pays for publication?
The cost of publication is the responsibility of the claimant or
applicant.
Sec. 1824.17 Does the claimant or applicant pay for an error by the
printer of the paper in which the notice appears?
No, the claimant or applicant is not responsible for costs involved
in correcting an error by the printer.
Subpart 1825--Relinquishments
Sec. 1825.10 If I relinquish my interest (such as a claim or lease) in
public lands, am I relieved of all further responsibility associated
with that interest?
No. You are still responsible for fulfilling regulatory, statutory,
lease, permit and other contractual obligations such as performance of
reclamation and payment of rentals accruing before the time of
relinquishment. You should see the regulations relating to the specific
BLM resource program involved for more detailed information.
Sec. 1825.11 When are relinquishments effective?
Generally, BLM considers a relinquishment to be effective when it
is received, along with any required fee, in the BLM office having
jurisdiction of the lands being relinquished. However, the specific
program regulations govern effectiveness of relinquishments.
Sec. 1825.12 When does relinquished land become available again for
other application or appropriation?
Relinquished land does not again become available until BLM notes
the filed relinquishment of an interest on the land records maintained
by the BLM office having jurisdiction over the lands involved. If you
have any questions regarding the availability of a particular tract of
land, you should contact the BLM office having jurisdiction over the
lands or records.
[FR Doc. 97-26006 Filed 9-30-97; 8:45 am]
BILLING CODE 4310-84-P